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

15

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

MONDAY, JANUARY 13, 2003

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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

MONDAY, JANUARY 13, 2003

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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

29

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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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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51

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

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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.

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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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491

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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495

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 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.
Referred to the State and Local Governmental Operations Committee.
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

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emergency, towing, recovery, and highway maintenance vehicles; and for other purposes.
Referred to the Transportation Committee.
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.
Referred to the Retirement Committee.
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.
Referred to the State and Local Governmental Operations Committee.
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.
Referred to the State and Local Governmental Operations Committee.
HR 106. By Representatives Chambers of the 53rd, Watson of the 60th, Post 2, GreeneJohnson 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.
Referred to the Transportation Committee.

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499

HR 107. By Representative Black of the 144th:

A RESOLUTION designating the Staff Sgt. Avely W. Runnels Memorial Highway; and for other purposes.

Referred to the Transportation 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 recommendations:

SB 178 SB 203 SR 146

Do Pass as amended Do Pass Do Pass
Respectfully submitted, Senator Brush of the 24th 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 recommendations:

HB 189 SB 160 SB 161

Do Pass Do Pass Do Pass

SB 182 SR 12 SR 160

Do Pass by substitute Do Pass 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 92 SB 169

Do Pass by substitute Do Pass

SB 205 SB 213

Do Pass Do Pass by substitute

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

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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 2

Do Pass by substitute

Respectfully submitted,

Senator Lee of the 29th 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 recommendation:

SB 51

Do Pass

Mr. President:

Respectfully submitted, Senator Shafer of the 48th District, Chairman

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 132 SB 148 SB 211

Do Pass Do Pass Do Pass

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

The following legislation was read the second time:

HB 45 HB 53 HB 54

HB 108 SB 1 SB 47

SB 49 SB 82 SB 97

SB 117 SB 173 SB 183

SB 190 SB 207

SR 150 SR 184

Senator Jackson of the 50th asked unanimous consent that Senators Smith of the 25th and Squires of the 5th be excused. The consent was granted, and Senators Smith and Squires 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.

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501

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

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

Those not answering were Senators:

Fort Johnson Tate

Harbison (Excused) Smith, F. (Excused)

Henson Squires (Excused)

Senator Tate 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 Butler of the 55th introduced the chaplain of the day, Reverend Mark Thompson of Lithonia, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 221. By Senator Bulloch of the 11th:

A RESOLUTION commending Tina Frese; and for other purposes.

SR 222. By Senators Seay of the 34th and Starr of the 44th:

A RESOLUTION honoring Charles Grant; and for other purposes.

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SR 223. By Senators Jackson of the 50th, Cagle of the 49th, Hudgens of the 47th and Unterman of the 45th:
A RESOLUTION paying tribute to Honorable Allen Richard Kenyon; and for other purposes.
SR 230. By Senator Meyer von Bremen of the 12th:
A RESOLUTION acknowledging the contributions of senior Georgians and establishing the week of March 3-7, 2003, as Senior Week at the Capitol; and for other purposes.
Senator Thompson of the 33rd introduced David Hankerson, celebrating his ten year anniversary as Manager of Cobb County, commended by SR 206, adopted previously.
Senator Jackson of the 50th recognized representatives of the Silver-Haired Legislature, commended by SR 219, adopted previously.
Senator Thomas of the 54th introduced the doctor of the day, Dr. John Antalis.
Senator Stephens of the 51st asked unanimous consent that the following bill be withdrawn from the Senate Judiciary Committee and committed to the Senate Children and Youth 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.
The consent was granted, and SB 236 was committed to the Senate Children and Youth Committee.
Senator Hill of the 4th introduced the Screven County High School football team and Head Coach Mark Daniel, commended by SR 202, adopted previously. Coach Daniel addressed the Senate briefly.
The time having arrived for the motion, Senator Crotts of the 17th moved that the following bill be engrossed:

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503

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 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.

On the motion to engross, the yeas were 48, nays 0; the motion prevailed, and SB 239 was engrossed.

The President referred SB 239 to the Reapportionment and Redistricting Committee.

SENATE RULES CALENDAR WEDNESDAY, MARCH 5, 2003 TWENTY-FIFTH LEGISLATIVE DAY

SB 167

Unemployment compensation; employer contribution rates; extend reduction (Substitute)(I&L-21st)

SB 165

Unemployment Compensation Fund; administrative assessment; allocation of funds (I&L-21st)

SB 124

Child sexual exploitation; unlawful acts involving computer pornography; change penalties (Substitute)(JUDY-30th)

SB 20

Assault; person with HIV or hepatitis endangering peace/correctional officers (SI&P-50th)

SB 153

Election; qualifying fees; county officials; calculation (SLGO(G)-45th)

SB 155

State deferred compensation plans; contributions from employers, employees (Substitute)(SLGO(G)-8th)

HB 121

Supplemental appropriations; FY 2002 - 2003 (Substitute)(APPROP-4th) Coleman-118th

Respectfully submitted,

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

Senator Kemp of the 3rd asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused.

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The following legislation was read the third time and put upon its passage:
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.
The Senate Insurance and Labor Committee offered the following substitute to SB 167:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for an extension of the reduction in contribution rates through December 31, 2004; to extend the suspension of the surcharge based upon the state-wide reserve ratio; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by striking subsection (f) of Code Section 34-8-155, relating to benefit experience and variations from standard rate of employer contributions during certain periods, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f)(1) Subject to the provisions of paragraph (2) of this subsection, contribution rates for experience rated employers for the time periods:
(A) January 1, 2000, to December 31, 2000; (B) January 1, 2001, to December 31, 2001; (C) January 1, 2002, to December 31, 2002; and (D) January 1, 2003, to December 31, 2003; and (E) January 1, 2004, to December 31, 2004 shall not be imposed above the level of 1.0 percent of statutory contribution rates. (2) The Governor shall have authority to suspend by executive order any future portion of the reduction in calculated rates provided for in paragraph (1) of this subsection in the event the Governor determines, upon the recommendation of the Commissioner, that suspension of said reduction is in the best interests of the State of Georgia."

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505

SECTION 2. Said chapter is further amended by striking subparagraph (d)(4)(B) of Code Section 34-8156, relating to the State-wide Reserve Ratio, and inserting in lieu thereof a new subparagraph (d)(4)(B) to read as follows:
"(B) Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when the Statewide Reserve Ratio, as calculated above, is less than 1.7 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table:

If the State-wide Reserve Ratio:

Equals or Exceeds

But Is Less Than

1.5 percent

1.7 percent

1.25 percent

1.5 percent

0.75 percent

1.25 percent

Under 0.75 percent

Overall Increase 25 percent 50 percent 75 percent 100 percent

provided, however, that for the period of January 1 through December 31, 2003
2004, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Senators Lamutt of the 21st, Thompson of the 33rd, Seabaugh of the 28th and Golden of the 8th offered the following amendment:
Amend the committee substitute to SB 167 by eliminating Section 1.
On the adoption of the amendment, the yeas were 43, nays 1, and the Lamutt, et al. amendment to the committee substitute was adopted.

506

JOURNAL OF THE SENATE

Senators Brown of the 26th, Butler of the 55th and Thompson of the 33rd offered the following amendment:

Amend the committee substitute to SB 167 by inserting at page 2 line 20 the following:

SECTION 3 Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by striking Code Section 34-8-24, relating to the definition of bona fide in the labor market, and inserting in lieu thereof the following:

"34-8-24.

As used in this chapter, the term 'bona fide in the labor market' means that any person claiming benefits under this chapter must be available for full-time or part-time employment, as that term is generally understood in the trade or work classification involved, without regard to prior work restrictions; provided in the case of availability for part-time employment that there is a labor market in which a reasonable demand exists for the part-time services which the claimant offers."

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

E Harbison N Harp Y Henson
Hill Y Hooks N Hudgens Y Jackson
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 Y Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

WEDNESDAY, MARCH 5, 2003

507

On the adoption of the amendment, the yeas were 26, nays 25, and the Brown, et al. amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 43, 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
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 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 N 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 49, nays 1.

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

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.

508

JOURNAL OF THE SENATE

Senator Lamutt of the 21st asked unanimous consent that SB 165 be dropped to the foot of the Senate Rules Calendar for today. The consent was granted, and SB 165 was dropped to the foot of the Rules Calendar for today.

At 12:06 p.m., the President announced that the Senate would stand in recess until 1:30 p.m.

At 1:30 p.m., the President called the Senate to order.

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 360.

By Representatives Skipper of the 116th, Westmoreland of the 86th, Buck of the 112th, Porter of the 119th, Royal of the 140th and others:

A RESOLUTION relative to adjournment; and for other purposes.

The Calendar was resumed.

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.

The Senate Judiciary Committee offered the following substitute to SB 124:

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.

WEDNESDAY, MARCH 5, 2003

509

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,
relating to offenses related to minors generally, is amended by striking paragraph (2) of
subsection (g) of Code Section 16-12-100, relating to sexual exploitation of children, and
inserting in lieu thereof a new paragraph (2) to read as follows: "(2) Any person who violates paragraph (8) of subsection (b) of this Code section
shall be guilty of a misdemeanor felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years."

SECTION 2. Said part is further amended by striking paragraph (2) of subsection (d) of Code Section
16-12-100.2, relating to computer pornography and child exploitation prevention, and
inserting in lieu thereof a new paragraph (2) to read as follows: "(2) Any person who violates paragraph (1) of this subsection shall be guilty of a
misdemeanor of a high and aggravated nature felony and, upon conviction thereof,
shall be punished by imprisonment for not less than one nor more than ten years or by a fine not to exceed $50,000.00, or both."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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 Y Balfour
Blitch Y Bowen Y Brown Y Brush Y Bulloch

E Harbison Harp Henson
Y Hill Y Hooks Y Hudgens Y Jackson

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

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JOURNAL OF THE SENATE

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

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

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 48, nays 0.

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

Pursuant to Senate Rule 111 (b) the following Calendar bill was read the third time and put upon its passage:

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.
Senate Sponsor: Senator Hill of the 4th.
The Senate Committee on Appropriations offered the following substitute to HB 121:
A BILL TO BE ENTITLED AN ACT
To amend an Act providing appropriations for the State Fiscal Year 2002-2003 known as the "General Appropriations Act", approved May 13, 2002 (Ga. L. 2002, p. 673), so as to change certain appropriations for the State Fiscal Year 2002-2003; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, MARCH 5, 2003

511

Section 1. An Act providing appropriations for the State Fiscal Year 2002-2003, as amended, known as the "General Appropriations Act" approved May 13, 2002 (Ga. L. 2002, p. 673), is further amended by striking everything following the enacting clause through Section 68, and by substituting in lieu thereof the following:

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2002, and ending June 30, 2003, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $13,834,000,000 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2003.

PART I. LEGISLATIVE BRANCH

Section 1. General Assembly. State Funds Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses Travel - Staff Travel - Elected Officials Capital Outlay Per Diem Differential Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees - Staff Contracts - Staff Per Diem and Fees - Elected Officials Contracts - Elected Officials Photography Expense Reimbursement Account Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Senate Functional Budgets
Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office

Total Funds $ 6,281,458 $ 1,122,337 $ 1,477,349

$ 34,549,182 $ 19,164,805 $ 5,766,807 $ 2,749,434 $ 140,000 $ 3,500 $0 $0 $ 1,299,000 $ 364,700 $ 7,500 $ 698,000 $ 115,303 $ 95,000 $ 3,376,511 $ 830,000 $ 105,000 $ 1,652,000 $ (1,818,378) $ 34,549,182 $ 34,549,182
State Funds $ 6,281,458 $ 1,122,337 $ 1,477,349

512

JOURNAL OF THE SENATE

Total

House Functional Budgets

House of Representatives and Research Office Speaker of the House's Office Clerk of the House's Office

$ 8,881,144
Total Funds $ 13,593,699 $ 472,448 $ 1,709,110

$ 8,881,144
State Funds $ 13,593,699 $ 472,448 $ 1,709,110

Total

Joint Functional Budgets

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total
Functional Budget

$ 15,775,257
Total Funds $ 3,586,819 $ 2,495,350 $ 1,242,118 $ 3,949,900 $ 436,972 $ 11,711,159
Total Funds

$ 15,775,257
State Funds $ 3,586,819 $ 2,495,350 $ 1,242,118 $ 3,949,900 $ 436,972 $ 11,711,159
State Funds

Austerity Adjustments

$ (1,818,378)

$ (1,818,378)

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary

WEDNESDAY, MARCH 5, 2003

513

notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

$ 29,664,013 $ 25,717,476 $ 863,300 $ 530,000 $ 117,000 $ 76,400 $ 1,072,400 $ 203,000 $0 $ 2,330,000 $ 315,700 $ (1,561,263) $ 29,664,013 $ 29,664,013

PART II JUDICIAL BRANCH Section 3. Judicial Branch. State Funds Personal Services Other Operating Prosecuting Attorney's Council Judicial Administrative Districts Payment to Council of Superior Court Clerks Payment to Resource Center Computerized Information Network Austerity Adjustments Total Funds Budgeted

$132,932,270 $ 17,386,921 $117,495,274 $ 4,191,771 $ 1,939,121 $ 48,500 $ 800,000 $ 628,375 $ (6,512,421) $135,977,541

514

JOURNAL OF THE SENATE

State Funds Budgeted Judicial Branch Functional Budgets
Supreme Court Court of Appeals Superior Court - Judges Superior Court - District Attorneys Juvenile Court Institute of Continuing Judicial Education Judicial Council Judicial Qualifications Commission Indigent Defense Council Georgia Courts Automation Commission Georgia Office Of Dispute Resolution Total

Total Funds $ 8,490,324 $ 11,088,857 $ 46,778,895 $ 43,484,545 $ 1,353,120 $ 1,173,224 $ 13,705,930 $ 260,230 $ 7,682,177 $ 1,615,349 $ 344,890 $135,977,541

$132,932,270
State Funds $ 7,169,958 $ 10,992,857 $ 46,778,895 $ 41,940,640 $ 1,353,120 $ 1,173,224 $ 13,620,930 $ 260,230 $ 7,682,177 $ 1,615,349 $ 344,890 $132,932,270

Section 4. Department of Administrative Services. A. Budget Unit: State Funds - Department of Administrative Services Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Rents and Maintenance Expense Utilities Payments to DOAS Fiscal Administration Direct Payments to Georgia Building Authority for Capital Outlay Direct Payments to Georgia Building Authority for Operations Telephone Billings Radio Billings Materials for Resale Public Safety Officers Indemnity Fund Health Planning Review Board Operations Payments to Aviation Hall of Fame Payments to Golf Hall of Fame Alternative Fuels Grant State Self Insurance Fund Payments to Georgia Technology Authority

$39,896,617 $ 18,978,286 $ 4,839,418 $ 288,341 $ 20,418 $ 150,042 $ 3,354,953 $ 1,166,069 $ 486,786 $ 736,181 $ 345,435 $0 $0 $0 $ 2,350,000 $ 1,532,156 $0 $0 $ 6,014,012 $ 445,222 $ 33,950 $ 47,045 $ 72,750 $ 398,247 $0 $ 22,026,003

WEDNESDAY, MARCH 5, 2003

Removal of Hazardous Waste Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Administration Support Services Statewide Business Risk Management Executive Administration Governor's Small Business Center State Properties Commission Office of the Treasury State Office of Administrative Hearings Austerity Adjustments Total

Total Funds $ 31,942,809 $ 13,992,244 $ 3,473,850 $ 3,439,857 $ 1,502,397 $ 1,056,867 $ 653,647 $ 2,663,928 $ 4,657,715 $ (2,111,180) $ 61,272,134

B. Budget Unit: State Funds - Georgia Building Authority Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Utilities Facilities Renovations and Repairs Payments to Department of Public Safety Building Access Control
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets

Executive Division Facilities Operations Property Resources Internal Operations

Total Funds $ 5,270,251 $ 27,567,904 $ 4,956,006 $ 2,141,473

515
$ 98,000 $ (2,111,180) $ 61,272,134 $ 39,896,617
State Funds $ 28,971,658 $ 1,239,714 $ 3,444,480 $ 445,222 $ 1,467,986 $ 1,044,170 $ 653,647 $ 387,129 $ 4,353,791 $ (2,111,180) $ 39,896,617
$0 $ 15,548,326 $ 8,489,556 $ 11,843 $ 200,000 $ 63,835 $ 322,000 $ 15,071 $ 261,916 $ 681,124 $ 1,050,360 $ 5,508,583 $ 8,096,639 $ 1,439,409 $ 3,151,435 $ 1,670,244 $ 46,510,341 $0
State Funds $0 $0 $0 $0

516

JOURNAL OF THE SENATE

Transportation External Operations Total

$ 2,349,766

$0

$ 4,224,941

$0

$ 46,510,341

$0

C. Budget Unit: State Funds - Georgia Technology Authority Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Rents and Maintenance Expense Telephone Billings Radio Billings Materials for Resale Transfers to GIS Clearinghouse Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

$0 $ 56,046,961 $ 5,370,000 $ 640,000 $0 $ 468,425 $ 25,712,369 $ 4,117,263 $ 6,000 $ 18,307,086 $ 3,249,000 $0 $ 85,323,000 $ 501,019 $ 1,901,830 $0 $ (949,526) $200,693,427 $0

Section 5. Department of Agriculture. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary Laboratories Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas,
Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe Veterinary Fees Indemnities Advertising Contract

$ 39,432,553 $ 34,588,740 $ 4,344,894 $ 1,069,428 $ 276,255 $ 462,082 $ 664,341 $ 1,208,440 $ 398,176 $ 33,500 $ 1,752,401 $ 1,138,240 $ 3,474,078
$ 2,918,351 $ 142,000 $ 10,000 $ 425,000

WEDNESDAY, MARCH 5, 2003

Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets Capital Outlay Contract - Federation of Southern Cooperatives Boll Weevil Eradication Program Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Austerity Adjustments Total

Total Funds $ 9,082,293 $ 15,789,496 $ 7,993,766 $ 8,096,851 $0 $ 11,833,730 $ 802,790 $ (1,516,354) $ 52,082,572

Section 6. Department of Banking and Finance. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

Section 7. Department of Community Affairs. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

517
$ 653,000 $0 $ 40,000 $0 $ (1,516,354) $ 52,082,572 $ 39,432,553
State Funds $ 7,603,119 $ 12,782,361 $ 4,243,766 $ 7,784,851 $0 $ 8,534,810 $0 $ (1,516,354) $ 39,432,553
$ 10,557,882 $ 9,496,764 $ 284,269 $ 331,853 $ 16,500 $ 2,347 $ 196,978 $ 542,079 $ 124,341 $ 10,435 $0 $ (447,684) $ 10,557,882 $ 10,557,882
$ 46,051,608 $ 23,106,385 $ 1,979,687 $ 611,739 $0

518

JOURNAL OF THE SENATE

Equipment

Real Estate Rentals

Per Diem and Fees

Contracts

Computer Charges

Telecommunications

Capital Felony Expense

Contracts for Regional Planning and Development

Local Assistance Grants

Appalachian Regional Commission Assessment

HUD-Community Development Block Pass thru Grants

Payment to Georgia Environmental Facilities Authority

Community Service Grants

Home Program

ARC-Revolving Loan Fund

Local Development Fund

Payment to State Housing Trust Fund

Payments to Sports Hall of Fame

Regional Economic Business Assistance Grants - GHFA

EZ/EC Administration

EZ/EC Grants

Regional Economic Development Grants

Contracts for Homeless Assistance

HUD Section 8 Rental Assistance

Georgia Regional Transportation Authority

GHFA - Georgia Cities Foundation

Georgia Leadership Unfrastructure Investment Fund

Quality Growth Program

Austerity Adjustments

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Executive Division

$ 17,416,869

Planning and Environmental Management Division $ 4,428,782

Business and Financial Assistance Division

$ 37,408,501

Housing Finance Division

$ 9,010,683

Finance Division

$ 7,780,448

Administrative and Computer Support Division

$ 2,368,029

Georgia Music Hall of Fame Division

$ 1,303,148

Community Services Division

$ 66,743,084

Rural Development Division

$ 5,360,516

One Georgia

$ 239,902

$ 166,022 $ 1,488,569 $ 980,976 $ 714,692 $ 573,436 $ 536,967 $0 $ 1,921,288 $ 16,566,510 $ 152,750 $ 30,000,000 $ 190,000 $ 5,000,000 $ 2,947,155 $0 $ 238,162 $ 3,056,375 $ 800,414 $ 2,880,000 $0 $0 $ 705,094 $ 1,250,000 $ 50,000,000 $ 4,498,741 $ 1,000,000 $ 495,000 $ 200,000 $ (473,552) $151,586,410 $ 46,051,608
State Funds $ 17,164,834 $ 4,200,706 $ 5,755,143 $ 2,941,752 $ 6,126,448 $ 629,176 $ 804,816 $ 3,541,769 $ 5,360,516 $0

WEDNESDAY, MARCH 5, 2003

519

Austerity Adjustments Total

$ (473,552) $151,586,410

$ (473,552) $ 46,051,608

Section 8. Department of Community Health.

A. Budget Unit: State Funds - Medicaid Services

Tobacco Funds

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Medicaid Benefits, Penalties and Disallowances

Audit Contracts

Special Purpose Contracts

Purchase of Service Contracts

Grant in Aid to Counties

Health Insurance Payments

Medical Fair

Loan Repayment Program

Medical Scholarships

Capitation Contracts for Family Practice Residency

Residency Capitation Grants

Student Preceptorships

Medical Student Capitation

Mercer School of Medicine Grant

Morehouse School of Medicine Grant

SREB Payments

Pediatric Residency Capitation

Preventive Medicine Capitation

Austerity Adjustments

Total Funds Budgeted

Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Commissioner's Office

$ 880,738

Community Affairs

$ 361,222

Medicaid Benefits, Penalties and Disallowances $ 5,120,035,040

$1,649,420,605 $ 28,237,232 $ 33,528,994 $ 8,676,868 $ 388,883 $0 $ 75,136 $ 88,551,040 $ 1,743,338 $ 965,696 $ 1,869,021 $412,905,707 $5,120,035,040 $ 1,097,500 $ 16,757 $ 183,244 $ 809,076 $ 975,000,000 $ 66,000 $ 375,000 $ 748,000 $ 4,012,890 $ 2,136,719 $ 100,000 $ 3,772,911 $ 18,181,491 $ 8,311,183 $ 445,900 $ 460,013 $ 116,400 $ (1,683,964) $6,682,888,843 $ 28,237,232 $1,649,420,605
State Funds $ 559,000 $ 180,611 $1,593,235,955

520

JOURNAL OF THE SENATE

Medical Assistance Plans Managed Care and Quality Information Technology General Counsel Operations Financial Planning and Fiscal Policy Minority Health Women's Health Rural Health State Health Benefit Plan Public Employee Health Claims Georgia Board for Physician Workforce State Medical Education Board Composite Board of Medical Examiners Austerity Adjustments Total

$ 109,545,074 $ 3,829,906 $ 99,215,125 $ 7,806,019 $ 6,430,480 $ 6,266,601 $ 3,882,150 $ 692,556 $ 489,205 $ 3,312,332 $ 304,991,665 $ 975,000,000 $ 38,033,920 $ 1,419,696 $ 2,381,078 $ (1,683,964) $6,682,888,843

$ 10,233,202 $ 1,913,309 $ 16,166,288 $ 3,740,402 $ 2,420,652 $ 2,733,587 $ 2,464,198 $ 473,337 $ 471,231 $ 2,915,335 $0 $0 $ 38,033,920 $ 1,419,696 $ 2,381,078 $ (1,683,964) $1,677,657,837

B. Budget Unit: State Funds - Indigent Trust Fund Per Diem and Fees Contracts Benefits
Total Funds Budgeted Indigent Trust Fund Budgeted

$ 148,828,880 $0 $ 8,200,000 $ 360,067,504 $ 368,267,504 $ 148,828,880

C. Budget Unit: State Funds - PeachCare for Kids Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts PeachCare Benefits, Penalties and Disallowances Austerity Adjustments
Total Funds Budgeted Tobacco Funds Budgeted State Funds Budgeted

$ 61,073,226 $ 4,970,705 $ 373,107 $ 165,254 $ 45,000 $0 $ 1,155 $ 205,000 $0 $ 12,350 $0 $ 8,713,020 $222,013,028 $ (49,478) $231,478,436 $ 4,970,705 $ 61,073,226

WEDNESDAY, MARCH 5, 2003

Section 9. Department of Corrections. State Funds - Administration, Institutions and Probation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Utilities Court Costs County Subsidy County Subsidy for Jails County Workcamp Construction Grants Central Repair Fund Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals Inmate Release Fund Health Services Purchases University of Georgia - College of Veterinary Medicine Contracts Minor Construction Fund Austerity Adjustments
Total Funds Budgeted Indirect DOAS Funding State Funds Budgeted Departmental Functional Budgets

Executive Operations Administration Human Resources Field Probation Facilities Programs Austerity Adjustments Total

Total Funds $ 31,246,133 $ 35,297,197 $ 8,812,294 $ 88,425,039 $ 654,051,228 $ 146,523,874 $ (8,277,654) $ 956,078,111

521
$927,037,519 $579,024,118 $ 64,294,796 $ 2,026,509 $ 1,151,532 $ 3,626,259 $ 6,232,636 $ 7,504,319 $ 7,860,719 $ 39,000 $ 82,833,575 $0 $ 25,802,042 $ 1,300,000 $ 36,737,700 $ 8,621,740 $0 $ 893,624 $ 4,268,025 $ 1,627,150 $ 577,160 $ 1,345,000 $127,386,917 $ 449,944 $ 753,000 $ (8,277,654) $956,078,111 $450,000 $927,037,519
State Funds $ 30,796,133 $ 35,297,197 $ 8,812,294 $ 84,182,792 $638,167,092 $138,059,665 $ (8,277,654) $927,037,519

522

JOURNAL OF THE SENATE

Section 10. Department of Defense. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Capital Leases Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets

$ 8,146,887 $ 18,022,071 $ 23,807,148 $ 90,875 $0 $ 52,800 $ 123,625 $ 44,010 $ 1,009,973 $ 1,341,895 $ 244,000 $ 337,000 $ 9,930 $ (171,137) $44,912,190 $8,146,887

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Austerity Adjustments Total

Total Funds $ 2,866,951 $ 7,582,167 $ 34,634,209 $ (171,137) $44,912,190

State Funds $ 2,480,168 $ 932,779 $ 4,905,077 $ (171,137) $ 8,146,887

Section 11. State Board of Education A. Budget Unit: State Funds - Department of Education Tobacco Funds Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants:

$ 6,001,535,205 $ 30,000,000
$ 42,599,551 $ 5,726,255 $ 1,329,778 $0 $ 269,852 $ 1,123,899 $ 4,072,182 $ 46,240,646 $ 9,634,441 $ 867,149 $ 749,441 $ 30,569,700

WEDNESDAY, MARCH 5, 2003

523

Kindergarten/Grades 1 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Additional Instruction Staff Development and Professional Development Media Indirect Cost Pupil Transportation
Local Five Mill Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants Special Education Low - Incidence Grants Non-QBE Grants: Next Generation School Grants Youth Apprenticeship Grants High School Program Payment of Federal Funds to Board of Technical and Adult Education Vocational Research and Curriculum Title I-A Improving Basic Programs - LEA's Title I-B Even Start Instructional Services for the Handicapped Retirement (H.B. 272 and H.B. 1321) Title VI-A State Assessment Programs Tuition for the Multi-Handicapped PSAT School Lunch (Federal) Joint Evening Programs Education of Homeless Children/Youth Pay for Performance Pre-School Handicapped Program Mentor Teachers Environmental Science Grants Advanced Placement Exams Serve America Program

$1,670,110,038 $1,518,329,279 $ 731,751,267 $ 59,173,375 $ 67,252,978 $184,842,312 $720,668,663 $160,116,639 $ 23,823,728 $ 47,746,071 $ 29,837,332 $144,071,393 $888,891,079 $164,823,928 $(1,101,591,195) $118,060,632 $0
$274,992,143 $ 6,352,443 $ 826,722
$ 860,000 $ 4,209,800 $ 56,305,453 $ 16,909,425 $ 112,907 $309,883,868 $ 7,021,675 $191,495,397 $ 5,508,750 $0 $ 1,813,433 $ 733,805 $188,375,722 $ 259,313 $ 1,546,542 $ 7,719,000 $ 22,207,231 $ 1,212,500 $ 97,000 $ 2,808,000 $ 150,000

524

JOURNAL OF THE SENATE

Title IV-A1, Safe and Drug Free Schools School Lunch (State) Charter Schools Refugee School Impact Title V, Innovative Programs State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired Teachers Innovative Programs Title II Math/Science Grant (Federal) Migrant Education (State) Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions Byrd Honor Scholarships Title 1-F, Comprehensive School Reform Character Education National Teacher Certification Health Insurance Adjustment Principal Supplements Class Size Reduction Grants For School Nurses Reading Programs Student Testing Internet Access School Improvement Teams Communities in Schools Georgia Learning Connection Knowledge is Power Program Postsecondary Options Title I-C Migrant Education (Federal) Title I-D Neglected and Delinquent Title II-A Improving Teacher Quality Title II-D Enhancing Education Thru Technology Title III-A English Language Title IV-B 21st Century Communication Title VI-B Rural and Low-Income
Temporary QBE Reduction Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 10,567,629 $ 37,934,355 $ 8,908,679 $ 639,390 $ 9,389,202 $0 $107,826,070 $0 $0 $ 274,395 $ 11,903,088 $ 66,619,874 $ 4,986,505 $ 3,895,955 $ 1,188,000 $ 8,478,748 $ 250,000 $ 2,398,337 $0 $ 6,925,330 $0 $ 30,000,000 $ 77,360,892 $ 13,836,059 $ 4,011,690 $ 20,959,228 $ 1,460,475 $0 $ 564,000 $ 4,015,000 $ 8,626,018 $ 2,000,255 $ 72,520,695 $ 17,764,034 $ 6,786,358 $ 8,691,764 $ 6,941,585 $(131,536,534) $(18,378,955) $7,080,299,663 $0 $ 30,000,000 $6,001,535,205

WEDNESDAY, MARCH 5, 2003

525

Departmental Functional Budgets

Total Funds

State Administration

$ 14,789,143

Student Learning and Achievement

$ 28,709,662

Governor's Honors Program

$ 1,445,236

Quality and School Support

$ 8,758,496

Federal Programs

$ 11,202,965

Technology

$ 18,038,064

Local Programs

$ 6,996,747,500

Georgia Academy for the Blind

$ 6,182,693

Georgia School for the Deaf

$ 5,968,004

Atlanta Area School for the Deaf

$ 6,836,855

Austerity Adjustments

$ (18,378,955)

Total

$ 7,080,299,663

B. Budget Unit: Lottery for Education Computers in the Classroom Distance Learning - Satellite Dishes Post Secondary Options Educational Technology Centers Assistive Technology Applied Technology Labs Financial and Management Equipment Alternative Programs Fort Discovery National Science Center Capital Outlay Learning Logic Sites Student Information System
Total Funds Budgeted Lottery Funds Budgeted

C. Budget Unit: Office of School Readiness Pre-Kindergarten - Grants Pre-Kindergarten - Personal Services Pre-Kindergarten - Operations Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts

State Funds $ 12,759,548 $ 10,306,527 $ 1,367,647 $ 3,285,029 $ 245,785 $ 12,559,729 $5,991,430,593 $ 5,919,175 $ 5,541,533 $ 6,498,594 $ (18,378,955) $ 6,031,535,205
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$1,248,708 $245,057,987 $ 1,923,676 $ 5,659,478 $ 1,196,944 $ 36,500 $ 50,000 $0 $0 $0 $ 5,000 $0

526

JOURNAL OF THE SENATE

Computer Charges Telecommunications Utilities Capital Outlay Federal Programs Standards of Care Austerity Adjustments

Total Funds Budgeted Lottery Funds Budgeted State Funds Budgeted

Section 12. Employees' Retirement System. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Benefits to Retirees Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

Section 13. Forestry Commission. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Ware County Grant Ware County Grant for Southern Forest World Ware County Grant for Road Maintenance

$ 3,000 $ 11,000 $0 $0 $ 75,495,529 $ 424,000 $ (53,736) $329,809,378 $252,641,141 $1,248,708
$ 617,000 $ 3,697,923 $ 654,200 $ 29,000 $0 $ 12,450 $ 1,269,708 $ 345,740 $ 82,002 $ 973,600 $ 2,526,000 $ 617,000 $0 $ 10,207,623 $ 617,000
$ 35,460,912 $ 31,626,657 $ 5,956,344 $ 140,671 $ 1,042,852 $ 1,662,651 $ 357,000 $ 11,518 $ 993,627 $ 9,500 $ 574,260 $ 60,000 $ 28,500 $0

WEDNESDAY, MARCH 5, 2003

Capital Outlay Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Reforestation Field Services General Administration and Support Austerity Adjustments Total

Total Funds $ 2,045,695 $ 36,280,330 $ 4,137,555 $ (746,546) $ 41,717,034

Section 14. Georgia Bureau of Investigation. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Evidence Purchased Capital Outlay Crime Victims Assistance Program Criminal Justice Grants Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Administration Investigative Georgia Crime Information Center Forensic Sciences Criminal Justice Coordinating Council Austerity Adjustments Total

Total Funds $ 6,206,154 $ 31,715,820 $ 12,427,096 $ 20,381,885 $ 41,039,049 $ (1,329,748) $ 110,440,256

527
$0 $ (746,546) $ 41,717,034 $ 35,460,912
State Funds $ 13,839 $ 32,224,219 $ 3,969,400 $ (746,546) $ 35,460,912
$ 63,163,029 $ 53,441,683 $ 7,329,427 $ 658,217 $ 754,897 $ 992,736 $ 2,578,794 $ 1,202,095 $ 1,409,626 $ 2,676,103 $ 2,596,885 $ 378,908 $0 $ 2,500,124 $ 35,250,509 $ (1,329,748) $110,440,256 $ 63,163,029
State Funds $ 6,163,729 $ 28,104,779 $ 10,302,777 $ 19,563,866 $ 357,626 $ (1,329,748) $ 63,163,029

528

JOURNAL OF THE SENATE

Section 15. Office of the Governor. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Cost of Operations Mansion Allowance Governor's Emergency Fund Intern Program Expenses Art Grants of State Funds Art Grants of Non-State Funds Humanities Grant - State Funds Art Acquisitions - State Funds Children and Youth Grants Juvenile Justice Grants Georgia Crime Victims Assistance Program Grants to Local Systems Grants - Local EMA Grants - Other Grants - Civil Air Patrol Criminal Justice Grants Troops to Teachers Flood - Contingency Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Governor's Office Office of Equal Opportunity Office of Planning and Budget Council for the Arts Office of Consumer Affairs Child Advocate Human Relations Commission Professional Standards Commission

Total Funds $ 14,664,241 $ 941,024 $ 11,191,175 $ 5,093,983 $ 4,689,467 $ 736,973 $ 306,376 $ 8,690,596

$49,329,666 $ 22,198,996 $ 1,561,686 $ 367,865 $ 3,300 $ 87,485 $ 513,680 $ 1,290,714 $ 827,759 $ 2,216,691 $ 7,809,464 $ 4,498,923 $ 40,000 $ 10,127,927 $ 358,595 $ 3,860,577 $ 274,194 $ 174,256 $0 $0 $0 $0 $ 362,217 $ 816,714 $0 $ 57,000 $0 $ 111,930 $0 $ (1,869,062) $ 55,690,911 $ 49,329,666
State Funds $ 14,664,241 $ 638,053 $ 11,191,175 $ 4,384,890 $ 4,121,778 $ 736,973 $ 306,376 $ 8,578,666

WEDNESDAY, MARCH 5, 2003

529

Georgia Emergency Management Agency Education Accountability Total

$ 6,931,495 $ 2,445,581 $ 55,690,911

Section 16. Department of Human Resources.

State Funds

Tobacco Funds

1. General Administration and Support Budget:

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Real Estate Rentals

Per Diem and Fees

Contracts

Computer Charges

Telecommunications

Special Purpose Contracts

Service Benefits for Children

Purchase of Service Contracts

Major Maintenance and Construction

Postage

Payments to DCH-Medicaid Benefits

Grants to County DFCS - Operations

Brain and Spinal Trust Fund Benefits

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Services Funding

Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Commissioner's Office

$ 1,242,371

Office of Planning and Budget Services

$ 4,188,404

Office of Adoptions

$ 9,825,478

Children's Community Based Initiative

$ 10,181,847

Human Resources and Organization Development $ 1,341,620

Computer Services

$ 74,885,283

Technology and Support

$ 18,104,815

Facilities Management

$ 8,881,897

Regulatory Services - Program Direction and Support $ 895,393

Child Care Licensing

$ 3,789,439

$ 2,327,933 $ 2,379,581 $ 49,329,666
$1,397,221,211 $ 47,748,385
$ 122,012,285 $ 5,756,380 $ 2,703,368 $0 $ 462,147 $ 10,584,263 $ 5,537,496 $ 39,876,746 $ 59,674,696 $ 16,862,994 $ 125,000 $0 $ 86,469,732 $ 163,451 $ 2,095,936 $ 33,961,019 $ 1,555,000 $ 850,000 $ (2,000,000) $ 386,690,513 $0 $ 8,278,248 $ 189,076,274
State Funds $ 1,242,371 $ 4,159,888 $ 6,328,614 $ 9,906,847 $ 1,341,620 $ 37,122,611 $ 13,678,351 $ 6,704,114 $ 620,880 $ 3,686,570

530

JOURNAL OF THE SENATE

Health Care Facilities Regulation

$ 12,397,970

Office of Investigation

$ 6,687,482

Office of Financial Services

$ 10,327,734

Office of Audits

$ 2,772,959

Human Resource Management

$ 6,785,687

Transportation Services

$ 20,180,571

Office of Facilities and Support Services

$ 18,709,662

Indirect Cost

$0

Policy and Government Services

$ 1,334,534

Aging Services

$ 94,125,737

DDSA Council

$ 1,608,994

Brain and Spinal Trust Fund Benefits

$ 1,000,000

Office of Child Support Enforcement

$ 79,422,636

Austerity Adjustments

$ (2,000,000)

Total

$ 386,690,513

2. Public Health Budget:

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Real Estate Rentals

Per Diem and Fees

Contracts

Computer Charges

Telecommunications

Special Purpose Contracts

Purchase of Service Contracts

Grant-In-Aid to Counties

Postage

Medical Benefits

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Services Funding

Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

District Health Administration

$ 13,634,848

Newborn Follow-Up Care

$ 5,392,983

Oral Health

$ 2,903,473

Stroke and Heart Attack Prevention

$ 2,196,041

Sickle Cell, Vision and Hearing

$ 7,609,805

$ 6,067,305 $ 1,920,957 $ 5,938,024 $ 2,772,959 $ 6,785,687 $ 3,012,188 $ 18,709,662 $(16,207,310) $ 1,334,534 $ 63,578,843 $ 31,498 $ 1,000,000 $ 19,618,309 $ (2,000,000) $ 197,354,522
$ 57,141,277 $ 77,667,787 $ 949,967 $0 $ 195,367 $ 1,509,862 $ 1,181,649 $ 10,772,863 $0 $ 1,137,699 $ 292,000 $ 28,820,194 $ 159,782,176 $ 196,680 $ 6,138,072 $ (1,407,096) $ 344,378,497 $0 $ 25,873,781 $ 170,025,002
State Funds $ 13,477,280 $ 2,415,625 $ 2,578,298 $ 985,179 $ 6,842,986

WEDNESDAY, MARCH 5, 2003

531

High-Risk Pregnant Women and Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Vital Records Health Services Research Environmental Health Laboratory Services Community Health Management AIDS Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Injury Control Smoking Prevention and Cessation Public Health - Division Indirect Cost Austerity Adjustments Total 3. Family and Children Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges

$ 5,385,227 $ 3,289,533 $ 11,820,479 $ 85,325,463 $ 71,095,447 $ 13,303,079 $ 3,676,641 $ 593,232 $ 4,112,209 $ 1,702,964 $ 5,909,784 $ 2,272,913 $ 988,516 $ 2,811,535 $ 1,660,083 $0 $ 8,286,968 $ 3,091,866 $ 2,264,558 $ 856,370 $ 2,140,668 $ 8,124,485 $ 300,276 $ 22,094,510 $ 12,152,398 $ 12,520,466 $ 78,467 $ 13,074,928 $ 355,988 $ 14,759,390 $0 $ (1,407,096) $ 344,378,497

$ 5,385,227 $ 1,013,946 $ 4,948,295 $0 $ 70,108,896 $ 6,473,767 $ 2,233,293 $ 477,088 $ 3,702,969 $0 $ 4,310,823 $ 1,416,761 $ 766,655 $ 1,143,976 $ 1,660,083 $0 $ 8,286,968 $ 2,813,800 $ 1,983,776 $ 856,370 $ 1,609,193 $ 7,854,485 $ 300,276 $ 15,232,793 $ 4,079,320 $ 2,825,905 $ 60,970 $ 10,482,402 $ 243,983 $ 14,759,390 $ (4,024,899) $ (1,407,096) $195,898,783

$ 14,445,243 $ 3,414,939 $ 1,297,817 $0 $ 237,019 $ 535,702 $ 6,981,954 $ 7,036,844 $0

532

JOURNAL OF THE SENATE

Telecommunications

Children's Trust Fund

Cash Benefits

Special Purpose Contracts

Service Benefits for Children

Purchase of Service Contracts

Postage

Grants to County DFCS - Operations

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Services Funding

Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Director's Office

$ 1,079,930

Social Services

$ 6,685,445

Fiscal Management

$ 4,638,254

Quality Assurance

$ 3,844,812

Community Services

$ 14,224,301

Field Management

$ 2,885,891

Professional Development

$ 4,321,266

Economic Support

$ 3,137,563

Child Care and Parent Services

$ 501,837

Temporary Assistance for Needy Families

$ 111,634,948

SSI - Supplemental Benefits

$0

Refugee Programs

$ 2,795,420

Energy Benefits

$ 7,223,130

County DFACS Operations - Eligibility

$ 116,556,046

County DFACS Operations - Social Services

$ 142,042,681

Food Stamp Issuance

$ 3,190,752

County DFACS Operations - Homemakers Services $ 7,802,877

County DFACS Operations - Joint and Administration $ 90,468,209

County DFACS Operations - Employability Program $ 26,466,617

Employability Benefits

$ 43,105,900

Legal Services

$ 6,546,322

Family Foster Care

$ 68,959,689

Institutional Foster Care

$ 40,746,350

Specialized Foster Care

$ 21,641,542

Adoption Supplement

$ 44,855,747

Prevention of Foster Care

$ 15,744,598

Troubled Children

$ 61,262,815

Child Day Care

$ 180,700,622

$ 688,660 $ 7,630,688 $120,803,498 $ 7,209,127 $458,095,832 $ 31,312,611 $ 2,401,505 $382,636,430 $ (4,500,000) $1,040,227,869 $0 $ 3,341,218 $438,834,753
State Funds $ 1,079,930 $ 5,673,404 $ 2,652,425 $ 3,844,812 $ 1,999,818 $ 2,885,891 $ 2,844,956 $ 3,137,563 $ 501,837 $ 51,609,878 $0 $0 $0 $ 51,600,228 $ 59,883,698 $0 $0 $ 43,709,946 $ 10,571,448 $ 10,743,985 $ 2,670,531 $ 38,927,560 $ 20,169,660 $ 16,401,408 $ 25,591,338 $ 2,069,048 $ 33,149,436 $ 56,316,937

WEDNESDAY, MARCH 5, 2003

533

Special Projects

$ 4,033,617

$ 3,993,617

Children's Trust Fund

$ 7,630,688

$ 7,630,688

Indirect Cost

$0

$(12,984,071)

Austerity Adjustments

$ (4,500,000) $ (4,500,000)

Total

$ 1,040,227,869 $ 442,175,971

4. Community Mental Health/Mental

Retardation and Institutions:

Personal Services

$296,054,604

Operating Expenses

$ 58,242,887

Motor Vehicle Equipment Purchases

$ 200,000

Utilities

$ 9,483,000

Major Maintenance and Construction

$ 1,991,161

Community Services

$483,915,646

Austerity Adjustments

$ (3,100,000)

Total Funds Budgeted

$846,787,298

Indirect DOAS Services Funding

$0

Tobacco Funds Budgeted

$ 10,255,138

State Funds Budgeted

$599,285,182

Departmental Functional Budgets

Total Funds

State Funds

Southwestern State Hospital

$ 31,291,842

$ 17,942,031

Augusta Regional Hospital

$ 22,195,904

$ 16,488,063

Northwest Regional Hospital at Rome

$ 32,248,739

$ 21,954,539

Georgia Regional Hospital at Atlanta

$ 40,929,551

$ 30,168,700

Central State Hospital

$ 113,908,424 $ 65,644,954

Georgia Regional Hospital at Savannah

$ 21,697,919

$ 17,449,270

Gracewood State School and Hospital

$ 48,373,523

$ 20,043,979

West Central Regional Hospital

$ 23,337,460

$ 18,725,774

Outdoor Therapeutic Programs

$ 4,264,736

$ 3,324,046

Community Mental Health Services

$ 218,620,198 $205,923,246

Community Mental Retardation Services

$ 166,570,328 $132,102,039

Community Substance Abuse Services

$ 101,419,757 $ 48,227,746

Program Direction and Support

$ 15,203,513

$ 8,852,829

Regional Offices

$ 9,825,404

$ 5,793,104

Austerity Adjustments

$ (3,100,000)

$ (3,100,000)

Total

$ 846,787,298

$609,540,320

Budget Unit Object Classes:

Personal Services

$489,653,409

Regular Operating Expenses

$ 86,839,106

Travel

$ 4,951,152

Motor Vehicle Purchases

$ 200,000

Equipment

$ 894,533

Real Estate Rentals

$ 12,629,827

534

JOURNAL OF THE SENATE

Per Diem and Fees Contracts Computer Charges Telecommunications Operating Expenses Community Services Case Services Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Utilities Postage Payments to DCH-Medicaid Benefits Grants to County DFCS - Operations Medical Benefits Brain and Spinal Trust Fund Benefits Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted
Section 17. Department of Industry, Trade and Tourism. State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Local Welcome Center Contracts Marketing Georgia Ports Authority Lease Rentals Foreign Currency Reserve

$ 13,701,099 $ 57,686,453 $ 59,674,696 $ 18,689,353 $ 58,242,887 $483,915,646 $0 $ 7,630,688 $120,803,498 $ 7,626,127 $458,095,832 $146,602,537 $159,782,176 $ 2,154,612 $ 9,483,000 $ 4,694,121 $ 33,961,019 $384,191,430 $ 6,138,072 $ 850,000 $(11,007,096) $2,618,084,177 $0 $ 47,748,385 $1,397,221,211
$ 28,442,716 $ 67,930,712 $ 12,930,506 $ 1,214,240 $ 590,806 $ 20,000 $ 62,597 $ 391,336 $ 837,119 $ 442,215 $ 53,200 $ 1,307,786 $ 253,100 $ 9,314,895 $0 $0

WEDNESDAY, MARCH 5, 2003

Waterway Development in Georgia

Lanier Regional Watershed Commission

Georgia World Congress Center

One Georgia Fund

Intergovernmental Contract

Austerity Adjustments

Total Funds Budgeted

Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Administration

$ 89,866,903

Economic Development

$ 9,428,004

Trade

$ 2,850,492

Tourism

$ 4,944,497

Film

$ 629,167

Austerity Adjustments

$ (1,225,084)

Total

$ 106,493,979

Section 18. Department of Insurance. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Health Care Utilization Review Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund Austerity Adjustments

Total Funds $ 5,473,473 $ 6,098,248 $ 522,127 $ 4,652,376 $ 821,239 $ (809,645)

535
$ 50,000 $0 $0 $ 78,051,263 $ 2,200,000 $ (1,225,084) $106,493,979 $ 67,930,712 $ 28,442,716
State Funds $ 89,866,903 $ 9,428,004 $ 2,850,492 $ 4,944,497 $ 629,167 $ (1,225,084) $ 28,442,716
$ 15,721,318 $ 15,019,965 $ 702,947 $ 433,030 $ 80,176 $ 20,000 $ 223,000 $ 634,689 $ 367,614 $ 86,042 $0 $0 $ (809,645) $ 16,757,818 $ 15,721,318
State Funds $ 5,473,473 $ 6,098,248 $ 522,127 $ 3,615,876 $ 821,239 $ (809,645)

536

JOURNAL OF THE SENATE

Total

$ 16,757,818

Section 19. Department of Juvenile Justice. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts Capital Outlay Juvenile Justice Reserve Children and Youth Grants Juvenile Justice Grants Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Regional Youth Development Centers Youth Development Centers YDC Purchased Services Court Services Day Centers Group Homes Community Corrections Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Office of Training Children and Youth Coordinating Council Austerity Adjustments Total

Total Funds $ 79,244,314 $ 76,771,212 $ 24,607,845 $ 34,645,510 $ 579,624 $ 1,880,403 $ 45,880,657 $ 1,401,903 $ 1,007,132 $ 4,262,898 $ 18,880,421 $ 3,281,593 $ 2,768,074 $ (4,825,188) $ 290,386,398

$ 15,721,318
$272,209,291 $172,771,791 $ 15,530,758 $ 2,079,741 $ 349,143 $ 786,688 $ 3,561,658 $ 3,172,907 $ 2,370,598 $ 3,925,090 $ 5,665,715 $ 3,315,142 $ 400,000 $0 $ 79,395,255 $0 $0 $0 $ 200,000 $ 1,687,100 $ (4,825,188) $290,386,398 $272,209,291
State Funds $ 77,740,354 $ 74,523,793 $ 23,704,038 $ 30,140,703 $ 579,624 $ 1,880,403 $ 38,884,141 $ 1,401,903 $ 1,007,132 $ 4,172,898 $ 18,859,823 $ 3,281,593 $ 858,074 $ (4,825,188) $272,209,291

WEDNESDAY, MARCH 5, 2003
Section 20. Department of Labor. A. Budget Unit: State Funds - Department of Labor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications WIA Contracts Per Diem and Fees Contracts W.I.N. Grants Payments to State Treasury Capital Outlay Austerity Adjustments
Total Funds Budgeted State Funds Budgeted
B. Budget Unit: State Funds - Division Of Rehabilitation Services Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Case Services Special Purpose Contracts Purchase of Services Contracts Major Maintenance and Construction Utilities Postage Capital Outlay Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted

537
$ 15,749,741 $ 90,267,502 $ 7,405,831 $ 1,481,527 $ 34,858 $ 566,309 $ 2,710,148 $ 2,874,629 $ 2,030,660 $ 54,500,000 $ 2,778,378 $ 1,323,287 $0 $ 1,287,478 $0 $ (1,107,516)
$166,153,091 $ 15,749,741
$ 27,712,968 $ 93,663,446 $ 14,003,645 $ 2,054,347 $ 39,095 $ 1,115,890 $ 6,090,455 $ 7,177,826 $ 4,462,857 $ 2,573,235 $ 3,138,419 $ 41,304,191 $ 1,068,997 $ 12,793,349 $0 $0 $0 $ 255,000 $ (1,873,638) $187,867,114 $ 100,000 $ 27,712,968

538

JOURNAL OF THE SENATE

Departmental Functional Budgets
Vocational Rehabilitation Services Business Enterprise Program Administration Disability Adjudication Georgia Industries for the Blind Roosevelt Warm Springs Institute Austerity Adjustments Total

Total Funds $ 87,207,764 $ 1,663,761 $ 4,010,337 $ 55,297,080 $ 11,821,908 $ 29,739,902 $ (1,873,638) $ 187,867,114

Section 21. Department of Law. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Books for State Library Transfer Funds to Governor's Office Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

Section 22. Merit System of Personnel Administration. State Funds Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem and Fees Contracts Computer Charges Telecommunications Payments to State Treasury
Total Funds Budgeted Federal Funds

State Funds $ 18,867,887 $ 360,633 $ 2,532,691 $0 $ 722,533 $ 7,102,862 $ (1,873,638) $ 27,712,968
$ 14,484,602 $ 15,179,993 $ 705,564 $ 181,781 $0 $0 $ 299,269 $ 915,941 $ 192,258 $ 19,414,422 $0 $ 197,158 $ (100,000) $ (627,724) $ 36,358,662 $ 14,484,602
$0 $ 8,814,917 $ 1,073,018 $ 83,213 $0 $ 696,904 $ 285,350 $ 874,311 $ 1,774,772 $ 173,863 $ 1,901,515 $ 15,677,863 $0

WEDNESDAY, MARCH 5, 2003

Other Agency Funds Agency Assessments Deferred Compensation State Funds Budgeted

Section 23. Department of Motor Vehicle Safety.

State Funds

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Capital Outlay

Motor Vehicle Tag Purchase

Post Repairs

Conviction Reports

Driver's License Processing

Postage

Investment for Modernization

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Funding

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Administration

$ 33,848,830

Operations

$ 51,834,590

Enforcement

$ 16,071,622

Austerity Adjustments

$ (1,857,756)

Total

$ 99,897,286

Section 24. Department of Natural Resources. A. Budget Unit: State Funds - Department of Natural Resources Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

539
$ 1,573,733 $ 13,176,154 $ 927,976 $0
$ 89,543,393 $ 61,055,181 $ 8,072,954 $ 465,062 $ 332,206 $ 345,335 $ 12,461,537 $ 2,792,509 $ 2,979,499 $ 481,198 $ 1,318,987 $0 $ 6,892,489 $0 $ 348,651 $ 3,459,434 $ 750,000 $0 $ (1,857,756) $ 99,897,286 $ 1,960,000 $ 89,543,393
State Funds $ 28,562,245 $ 51,834,590 $ 11,004,314 $ (1,857,756) $ 89,543,393
$110,346,715 $ 90,397,923 $ 15,409,186 $ 813,926 $ 412,765 $ 1,582,590

540

JOURNAL OF THE SENATE

Real Estate Rentals

$ 3,291,804

Per Diem and Fees

$ 1,018,551

Contracts

$ 9,090,779

Computer Charges

$ 730,140

Telecommunications

$ 1,399,335

Authority Lease Rentals

$0

Advertising and Promotion

$ 725,000

Cost of Material for Resale

$ 1,333,300

Capital Outlay:

New Construction

$ 860,176

Repairs and Maintenance

$ 4,560,913

Wildlife Management Area Land Acquisition

$ 982,330

Paving at State Parks and Historic Sites

$ 500,000

Grants:

Land and Water Conservation

$ 800,000

Georgia Heritage 2000 Grants

$ 341,000

Recreation

$0

Contracts:

Georgia State Games Commission

$ 336,793

Payments to Civil War Commission

$ 59,565

Hazardous Waste Trust Fund

$ 7,595,077

Solid Waste Trust Fund

$ 6,132,574

Wildlife Endowment Fund

$0

Payments to Georgia Agricultural Exposition Authority

$ 1,839,297

Payments to Southwest Georgia Railroad Excursion Authority

$ 493,381

Payments to McIntosh County

$ 100,000

Payments to Baker County

$ 31,000

Payments to Calhoun County

$ 24,000

Payments to Georgia Agrirama Development Authority for operations $ 955,662

Community Green Space Grants

$ (2,010,000)

Austerity Adjustments

$ (2,649,192)

Total Funds Budgeted

$147,157,875

Receipts from Jekyll Island State Park Authority

$ 840,190

Receipts from Stone Mountain Memorial Association

$0

Receipts from Lake Lanier Islands Development Authority $ 1,831,931

Receipts from North Georgia Mountain Authority

$ 1,434,982

Indirect DOAS Funding

$ 200,000

State Funds Budgeted

$110,346,715

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office

$ 3,475,726

$ 3,428,460

Program Support

$ 7,508,429

$ 7,508,429

Historic Preservation

$ 2,767,742

$ 2,277,742

WEDNESDAY, MARCH 5, 2003

541

Parks, Recreation and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Austerity Adjustments Total

$ 41,422,766 $ 2,574,161 $ 37,178,564 $ 54,412,046 $ 467,633 $ (2,649,192) $ 147,157,875

$ 20,967,046 $ 2,403,299 $ 31,846,593 $ 44,200,618 $ 363,720 $ (2,649,192) $110,346,715

B. Budget Unit:State Funds-Georgia Agricultural Exposition Authority $ 0

Personal Services

$ 3,267,771

Regular Operating Expenses

$ 2,349,303

Travel

$ 10,000

Motor Vehicle Purchases

$0

Equipment

$ 36,796

Computer Charges

$ 20,000

Real Estate Rentals

$0

Telecommunications

$ 80,000

Per Diem and Fees

$ 89,167

Contracts

$ 754,000

Capital Outlay

$0

Austerity Adjustments

$ (38,988)

Total Funds Budgeted

$ 6,568,049

State Funds Budgeted

$0

C. Budget Unit:State Funds-Georgia Agrirama Development Authority$ 0

Personal Services

$ 1,245,057

Regular Operating Expenses

$ 199,000

Travel

$ 5,792

Motor Vehicle Purchases

$0

Equipment

$ 7,000

Computer Charges

$ 5,792

Real Estate Rentals

$0

Telecommunications

$ 12,000

Per Diem and Fees

$ 500

Contracts

$ 68,768

Capital Outlay

$ 152,750

Goods for Resale

$ 120,000

Austerity Adjustments

$ (20,250)

Total Funds Budgeted

$ 1,796,409

State Funds Budgeted

$0

542

JOURNAL OF THE SENATE

Section 25. State Board of Pardons and Paroles. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Jail Subsidy Health Services Purchases Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

Section 26. Department of Public Safety.

A. Budget Unit: State Funds - Department of Public Safety

Operations Budget:

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

State Patrol Posts Repairs and Maintenance

Capital Outlay

Conviction Reports

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Service Funding

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Administration

$ 19,434,616

Field Operations

$ 68,691,228

Austerity Adjustments

$ (1,721,055)

$ 48,537,488 $ 40,852,338 $ 1,433,825 $ 431,800 $0 $ 291,500 $ 606,200 $ 2,958,373 $ 1,065,600 $ 523,304 $ 740,679 $ 617,500 $ 20,000 $ (1,003,631) $ 48,537,488 $ 48,537,488
$ 81,750,104
$ 71,859,448 $ 8,252,544 $ 105,552 $ 2,876,986 $ 348,364 $ 984,170 $ 186,443 $ 2,100,380 $ 346,387 $ 464,333 $ 601,237 $0 $0 $ (1,721,055) $ 86,404,789 $ 990,000 $ 81,750,104
State Funds $ 18,081,366 $ 65,389,793 $ (1,721,055)

WEDNESDAY, MARCH 5, 2003

Total

$ 86,404,789

B. Budget Unit: State Funds - Units Attached for

Administrative Purposes Only

Attached Units Budget:

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Highway Safety Grants

Peace Officers Training Grants

Capital Outlay

Austerity Adjustments

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Office of Highway Safety

$ 5,742,885

Georgia Peace Officers Standards and Training

$ 1,429,117

Police Academy

$ 1,973,326

Fire Academy

$ 1,200,062

Georgia Firefighters Standards and Training Council $ 466,059

Georgia Public Safety Training Facility

$ 12,289,231

Total

$ 23,100,680

Section 27. Public School Employees' Retirement System. State Funds Payments to Employees' Retirement System Employer Contributions Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

Section 28. Public Service Commission. State Funds Personal Services Regular Operating Expenses

543
$ 81,750,104
$14,630,673
$ 12,126,847 $ 3,607,873 $ 206,762 $0 $ 195,046 $ 318,377 $ 317,467 $ 351,950 $ 432,300 $ 541,569 $ 3,575,200 $ 2,058,309 $0 $ (631,020) $ 23,100,680 $ 14,630,673
State Funds $ 566,582 $ 1,429,117 $ 1,109,608 $ 1,058,101 $ 466,059 $ 10,001,206 $ 14,630,673
$ 8,097,798 $ 593,750 $ 7,504,048 $0 $ 8,097,798 $ 8,097,798
$ 8,637,216 $ 6,821,965 $ 250,711

544

JOURNAL OF THE SENATE

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Austerity Adjustments
Total Funds Budgeted State Funds Budgeted
Section 29. Board of Regents, University System of Georgia. A. Budget Unit: State Funds - Resident Instruction Tobacco Funds Personal Services:
Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay Austerity Adjustments
Total Funds Budgeted Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding Governor's Emergency Funds Tobacco Funds Budgeted State Funds Budgeted
B. Budget Unit: State Funds - Regents Central Office and Other Organized Activities
Tobacco Funds Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations

$ 111,876 $ 22,214 $ 15,300 $ 208,791 $ 511,428 $ 124,660 $ 628,262 $ 582,500 $ (367,180) $ 8,910,527 $ 8,637,216
$ 1,437,939,572 $ 6,585,889
$ 1,756,363,452 $ 424,223,505
$ 451,733,090 $ 854,188,741 $ 33,765,643 $ 1,138,340 $ 345,833 $ 1,011,627 $ 30,291,698 $ 123,584,731 $ (33,000,000) $ 3,643,496,660 $ 132,081,672 $ 1,278,412,246 $ 785,552,781 $ 3,039,500 $ 35,000 $ 6,585,889 $ 1,437,939,572
$ 220,414,817 $0
$` $ 70,959,391

WEDNESDAY, MARCH 5, 2003

545

Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Agricultural Research Advanced Technology Development Center/ Economic Development Institute Seed Capital Fund - ATDC Capital Outlay Center for Rehabilitation Technology SREB Payments Regents Opportunity Grants Rental Payments to Georgia Military College Direct Payments to the Georgia Public
Telecommunications Commission for Operations Public Libraries Salaries and Operations Student Information System Georgia Medical College Health, Inc. Austerity Adjustments
Total Funds Budgeted Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted Regents Central Office and Other Organized Activities

$ 59,705,482 $ 41,101,657 $ 3,103,580
$ 23,067,667 $0 $0 $ 7,790,087 $ 848,363 $ 548,200 $ 1,735,650
$ 18,565,802 $ 34,755,498 $0 $ 35,104,249 $ (4,228,694) $ 428,902,906 $ 8,610,113 $ 124,936,276 $ 74,398,200 $ 543,500 $0 $220,414,817

Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute Advanced Technology Development Center/ Economic Development Institute Agricultural Experiment Station Cooperative Extension Service Medical College of Georgia Hospital and Clinics Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Public Libraries

Total Funds $ 2,834,246 $ 6,469,309 $ 1,828,871 $ 123,302,969
$ 23,067,667 $ 78,401,230 $ 62,414,534 $ 193,500 $ 3,949,799 $ 7,242,199 $ 3,625,810 $ 4,756,657 $ 65,767,622 $ 43,126,177

State Funds $ 1,649,446 $ 1,810,419 $ 1,061,238 $ 9,838,961
$ 9,944,392 $ 45,959,968 $ 39,320,397 $0 $ 3,949,799 $ 542,199 $0 $ 102,687 $ 65,645,773 $ 38,817,222

546

JOURNAL OF THE SENATE

State Data Center Austerity Adjustments Total

$ 6,151,010 $ (4,228,694) $ 428,902,906

C. Budget Unit: State Funds - Georgia Public Telecommunications Commission
Personal Services Operating Expenses General Programming Distance Learning Programming Austerity Adjustments
Total Funds Budgeted Other Funds State Funds Budgeted

D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust Fund Georgia Public Telecommunications Commission Internet Connection Initiative Special Funding Initiatives Research Consortium - Georgia Research Alliance Equipment - Public Libraries Student Information System Educational Technology Center Total Funds Budgeted Lottery Funds Budgeted

$ 6,001,010 $ (4,228,694) $220,414,817
$0 $ 14,654,631 $ 15,671,989 $ 4,070,278 $ 2,784,685 $ (391,490) $ 36,790,093 $ 36,790,093 $0
$ 21,509,000 $ 12,000,000 $ 2,000,000 $0 $ 7,509,000 $0 $0 $0 $0 $ 21,509,000 $ 21,509,000

Section 30. Department of Revenue. State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Tax Officials/Retirement and FICA

$467,038,972 $ 150,000 $ 61,110,466 $ 4,747,373 $ 1,026,000 $ 53,045 $ 175,384 $ 15,818,862 $ 7,107,067 $ 2,249,299 $ 606,992 $ 1,375,758 $ 4,086,456

WEDNESDAY, MARCH 5, 2003

Grants to Counties/Appraisal Staff

Postage

Investment for Modernization

Homeowner Tax Relief Grants

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Services Funding

Tobacco Funds

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Departmental Administration

$ 37,966,647

Internal Administration

$ 7,987,227

Information Systems

$ 17,097,493

Compliance Division

$ 27,826,845

Income Tax Unit

$ 7,427,706

Property Tax Unit

$ 382,317,960

Sales Tax Unit

$ 5,722,476

State Board of Equalization

$ 5,000

Taxpayer Accounting

$ 6,775,576

Alcohol and Tobacco

$ 3,315,977

Austerity Adjustments

$ (2,819,070)

Total

$ 493,623,837

Section 31. Secretary of State. A. Budget Unit: State Funds - Secretary of State Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Election Expenses Capital Outlay Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets

547
$0 $ 2,800,655 $ 17,785,550 $377,500,000 $ (2,819,070) $493,623,837 $ 2,545,000 $ 150,000 $467,038,972
State Funds $ 20,181,097 $ 7,987,227 $ 15,842,493 $ 23,921,082 $ 7,427,706 $380,207,825 $ 5,699,833 $ 5,000 $ 5,575,576 $ 3,010,203 $ (2,819,070) $467,038,972
$ 33,888,462 $ 19,025,144 $ 4,357,156 $ 401,924 $ 72,492 $ 65,019 $ 3,838,024 $ 4,684,740 $ 1,017,577 $ 171,526 $ 1,779,455 $ 589,335 $0 $ (1,049,580) $ 34,952,812 $ 33,888,462

548

JOURNAL OF THE SENATE

Internal Administration Archives and Records Capitol Education Center Business Services - Corporations Business Services - Securities Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Holocaust Commission Austerity Adjustments Total

Total Funds $ 5,008,890 $ 6,731,898 $ 416,019 $ 2,045,424 $ 1,976,955 $ 8,296,949 $ 1,386,731 $ 552,127 $ 9,286,195 $ 301,204 $ (1,049,580) $ 34,952,812

B. Budget Unit: State Funds - Real Estate Commission

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Austerity Adjustments

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Real Estate Commission

$ 2,188,106

Austerity Adjustments

$ (46,065)

Total

$ 2,188,106

Section 32. Soil and Water Conservation Commission. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

State Funds $ 4,978,890 $ 6,656,898 $ 416,019 $ 1,306,074 $ 1,926,955 $ 8,276,949 $ 1,386,731 $ 552,127 $ 9,136,195 $ 301,204 $ (1,049,580) $ 33,888,462
$ 2,188,106 $ 1,489,924 $ 145,000 $ 47,000 $0 $ 12,500 $ 96,747 $ 181,000 $ 84,000 $ 178,000 $0 $ (46,065) $ 2,188,106 $ 2,188,106
State Funds $ 2,188,106 $ (46,065) $ 2,188,106
$ 3,420,462 $ 1,684,267 $ 202,070 $ 36,069 $0 $ 23,184 $ 13,478 $ 119,052

WEDNESDAY, MARCH 5, 2003

Telecommunications Per Diem and Fees Contracts County Conservation Grants Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

Section 33. Student Finance Commission.

A. Budget Unit: State Funds - Student Finance Commission

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Guaranteed Educational Loans

Tuition Equalization Grants

Law Enforcement Personnel Dependents' Grants

North Georgia College ROTC Grants

North Georgia College Graduates Scholarship

Osteopathic Medical Loans

Georgia Military Scholarship Grants

LEAP Program

Governor's Scholarship Program

Austerity Adjustments

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Georgia Student Finance Authority

$ 40,482,126

Georgia Nonpublic Postsecondary Education

Commission

$ 716,133

Austerity Adjustments

$ (817,215)

Total

$ 40,381,044

B. Budget Unit: Lottery for Education HOPE Financial Aid - Tuition HOPE Financial Aid - Books

549
$ 40,214 $ 139,438 $ 1,762,645 $ 86,000 $ (45,550) $ 4,060,867 $ 3,420,462
$ 39,860,391 $ 561,309 $ 20,140 $ 13,000 $0 $ 6,300 $ 12,000 $ 49,615 $ 10,091 $ 11,560 $ 32,118 $ 4,260,521 $ 30,044,521 $ 66,313 $ 351,217 $ 22,563 $0 $ 508,659 $ 1,534,365 $ 3,693,967 $ (817,215) $ 40,381,044 $ 39,860,391
State Funds $ 39,961,473
$ 716,133 $ (817,215) $ 39,860,391
$390,887,625 $229,273,347 $ 49,006,492

550

JOURNAL OF THE SENATE

HOPE Financial Aid - Fees Tuition Equalization Grants Hope Scholarships - Private Colleges Georgia Military College Scholarship LEPD Scholarship Teacher Scholarships Promise Scholarships Promise II Scholarships Engineer Scholarships Personal Services - HOPE Administration Operating Expenses - HOPE Administration
Total Funds Budgeted Lottery Funds Budgeted
Section 34. Teachers' Retirement System. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Employee Benefits Retirement System Members Floor Fund for Local Retirement Systems
Total Funds Budgeted State Funds Budgeted
Section 35. Department of Technical and Adult Education. A. Budget Unit: State Funds - Department of Technical
and Adult Education Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts

$ 52,776,833 $0 $ 42,181,370 $ 808,333 $ 246,024 $ 5,332,698 $ 5,855,278 $ 847,495 $ 760,000 $ 2,059,431 $ 1,740,324 $390,887,625 $390,887,625
$ 2,670,000 $ 10,495,013 $ 629,344 $ 26,500 $0 $ 35,000 $ 8,010,375 $ 673,770 $ 330,000 $ 737,700 $0 $0 $ 2,550,000 $ 120,000 $ 23,607,702 $ 2,670,000
$274,880,800 $ 6,457,252 $ 374,330 $ 125,510 $0 $ 48,359 $ 588,518 $ 144,671 $ 169,110

WEDNESDAY, MARCH 5, 2003

551

Computer Charges Telecommunications Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Administration Institutional Programs Austerity Adjustments Total

Total Funds $ 8,638,150 $ 350,680,698 $ (8,690,931) $ 350,627,917

$ 614,420 $ 115,980 $0 $246,352,015 $ 61,151,035 $ 6,398,577 $ 20,008,184 $ 3,621,510 $ 13,149,377 $ (8,690,931) $350,627,917 $274,880,800
State Funds $ 6,578,362 $276,993,369 $ (8,690,931) $274,880,800

B. Budget Unit: Lottery for Education

$0

Computer Laboratories and Satellite Dishes-Adult Literacy

$0

Capital Outlay

$0

Capital Outlay - Technical Institute Satellite Facilities

$0

Equipment-Technical Institutes

$0

Repairs and Renovations - Technical Institutes

$0

Total Funds Budgeted

$0

Lottery Funds Budgeted

$0

Section 36. Department of Transportation. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Capital Outlay - Airport Aid Program Mass Transit Grants

$ 666,775,271 $ 262,140,843 $ 79,985,329 $ 2,092,445 $ 1,810,000 $ 7,531,739 $ 12,788,293 $ 1,831,320 $ 4,872,117 $ 7,346,696 $ 48,431,848 $1,143,539,698 $ 6,943,629 $ 17,582,915

552

JOURNAL OF THE SENATE

Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations Spoilage, Land Acquisition, Clearing and Preparation Contracts with the Georgia Rail Passenger Authority Payments to the State Road and Tollway Authority Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets

$ 721,355 $0 $ 534,012 $ 39,271,138 $ (701,704) $1,636,721,673 $ 666,775,271

Motor Fuel Tax Budget Funds Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

Total Funds $ 1,327,840,508 $ 232,949,280 $ 17,250,694 $ 27,334,330 $ 1,605,374,812

State Funds $377,400,221 $228,365,141 $ 16,750,694 $ 26,430,580 $648,946,636

General Funds Budget Planning and Construction Maintenance and Betterments Administration Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Austerity Adjustments Total

$0 $0 $0 $ 3,169,943 $ 28,157,267 $ 721,355 $ (701,704) $ 31,346,861

$0 $0 $0 $ 2,512,148 $ 15,296,836 $ 721,355 $ (701,704) $ 17,828,635

Section 37. Department of Veterans Service. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Operating Expense/Payments to Medical College of Georgia Capital Outlay WWII Veterans Memorial Regular Operating Expenses for Projects and Insurance

$ 22,049,800 $ 6,038,004 $ 420,437 $ 154,602 $0 $ 105,822 $ 6,361 $ 219,148 $ 90,660 $ 24,500 $ 17,631,444 $ 7,904,063 $0 $0 $ 187,444

WEDNESDAY, MARCH 5, 2003

553

Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Veterans Assistance Veterans Nursing Home-Augusta

Total Funds $ 24,878,422 $ 7,904,063

$ 32,782,485 $ 22,049,800
State Funds $ 17,126,329 $ 4,923,471

Total

$ 32,782,485

$ 22,049,800

Section 38. Workers' Compensation Board. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Payments to State Treasury Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

$ 13,495,176 $ 10,098,171 $ 470,115 $ 140,600 $0 $ 44,048 $ 261,976 $ 1,299,338 $ 187,828 $ 183,100 $ 1,423,053 $ (249,053) $ 13,859,176 $ 13,495,176

Section 39. State of Georgia General Obligation Debt Sinking Fund.

A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (Issued) Motor Fuel Tax Funds (Issued)
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) Motor Fuel Tax Funds (New)

$551,752,918 $ 51,000,000 $602,752,918
$ 24,602,220 $0 $ 24,602,220

Section 40. Provisions Relative to Section 3, Judicial Branch. The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing

554

JOURNAL OF THE SENATE

the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 41. Provisions Relative to Section 4, Department of Administrative Services. It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.
Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2002 of all vehicles purchased or newly leased during Fiscal Year 2002.
Notwithstanding any provision of the law to the contrary, in managing any of the selfinsurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.
Section 42. Provisions Relative to Section 7, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created

WEDNESDAY, MARCH 5, 2003

555

by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.
Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:
If a local assistance grant above incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose.
If a local assistance grant above states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.
Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.
If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.
Provided, however, that the Department shall contract with the Southeast Georgia Regional Development Center from the Contracts object class a total of $72,200 for operating expenses.

Recipient

Description

Amount

Georgia Mountain RDC Water Planning

$ 45,000

Americus Sumnter Construction of restrooms and concession stand at

County Recreation recreation/soccer fields for Americus/Sumnter County

Authority

Recreation Authority

$ 40,000

Athens/Clark

Contract with Food Bank of Northeast Georgia for

County

food distribution in Athens/Clark County

$ 10,000

Athens/Clark

Contract with Grand Slam Program in Athens/Clarke

County

County

$ 5,000

Athens/Clark

Contract with Hancock Community Development in

County

Athens/Clarke County

$ 10,000

Athens/Clarke Purchase a van for resident transportation need at

County

Lanier Gardens/Talmadge Terrace in Athens/Clarke

County

$ 25,000

556

JOURNAL OF THE SENATE

Athens/Clarke Contract with Athens Tutorial Program for after-

County

school tutorial and enrichment program in

Athens/Clarke County

$ 10,000

Athens/Clarke Funding for the Non-profit Community Children's

County

Chorus at the University of Georgia in Athens/Clarke

County

$ 15,000

Athens/Clarke Roof repair at building housing Kelley Diversified,

County

Inc. in Athens/Clarke County

$ 20,000

Athens/Clarke Provide for project Safe Campuses Now in

County

Athens/Clarke County

$ 30,000

Atkinson County Chain link fencing and security gates for playground at

Board of Education Willacoochee Elementary and fencing for the new

high school in Atkinson County

$ 4,500

Atkinson County Provide lighting for parking lot at new high school in

Board of Education Atkinson County

$ 10,000

Atkinson County Courthouse parking lot expansion, courtroom

Commission

renovation and farmers' market in Atkinson County $ 10,000

Augusta/Richmond Contract for services with the Augusta Mini Theater,

County

Inc. in Augusta/ Richmond County

$ 50,000

Augusta/Richmond Program enhancements for the Augusta Players in

County

Augusta/Richmond County

$ 25,000

Augusta/Richmond Planning money for railroad track removal in

County

downtown Augusta

$ 50,000

Augusta/Richmond Contract for services with Harrisburg Neighborhood

County

Association for food and essentials for the needy in

Augusta/Richmond County

$ 35,000

Augusta/Richmond Construct playground for disabled children in Central

County

Savannah River Area for the Rachel Longstreet

Foundation in Augusta/Richmond County

$ 25,000

Augusta/Richmond Exhibition improvements and expansion of education

County

programs at the Augusta Museum of History

$ 15,000

Augusta/Richmond Contract for services with the Beyond The Ark

County

Outreach Services B.T.A. in Augusta/Richmond

County

$ 10,000

WEDNESDAY, MARCH 5, 2003

557

Augusta/Richmond Expand operation of the Augusta/Richmond County

County

Animal Control

$ 15,000

Augusta/Richmond Technology computer center within the Barton Village

County

Community in Augusta/Richmond County

$ 10,000

Augusta/Richmond Contract for services with Augusta African/American

County

Historical Community in Augusta/Richmond County

to identify historical locations

$ 10,000

Augusta/Richmond Contract for services with Shiloh Comprehensive

County

Community Center in Augusta/Richmond County

$ 5,000

Augusta/Richmond Contract for services with Beulah Grove Community

County

Resource Center in Augusta/Richmond County

$ 10,000

Augusta/Richmond Contract services with Augusta/Richmond

County

Opportunities in Augusta/Richmond County

$ 5,000

Augusta/Richmond Contract for services with Neighborhood Improvement

County

Programs in Augusta/Richmond County

$ 5,000

Augusta/Richmond Contract for services with Lucy Craft Laney Museum

County

in Augusta/Richmond County

$ 5,000

Augusta/Richmond Contract for services with Good Hope Social Services

County

Ministries for after-school enrichment and tutorial

programs in Augusta/Richmond County

$ 5,000

Augusta/Richmond Contract for services with CSRA Transitional Center,

County

Inc. for programs to combat juvenile delinquency in

Augusta/Richmond County

$ 10,000

Augusta/Richmond Contract for services with New Savannah Road Social

County

Services in Augusta/Richmond County

$ 40,000

Augusta/Richmond Construction cost of The Theater in

County

Augusta/Richmond County

$ 50,000

Avondale Estates Renovate Boy Scout's building in the City of Avondale

Estates

$ 10,000

Bacon County Purchase 4-H equipment and supplies for Bacon

County Extension Service

$ 2,000

Bacon County

Improvements at Bacon County Recreation

Department

$ 5,000

558

JOURNAL OF THE SENATE

Baker County
Baker County Board of Ed. Baldwin County
Baldwin County Baldwin County
Baldwin County
Baldwin County
Baldwin County
Banks County
Banks County Commission Banks County Board of Ed. Bartow County
Bartow County
Bartow County Commission Berrien County
Bibb County

Contract with Georgia Empowerment and Resource

Services, Inc. to promote growth and development of

business in Baker County

$ 10,000

Support for Baker Elementary PTA in Baker County

$ 2,000

Purchase Thermal Imaging Camera equipment for use

by Baldwin County Fire Department

$ 10,000

Purchase digital mapping system for Baldwin County $ 20,000

Continuation of Office of Solicitor General's victim

assistance programs in Baldwin County

$ 5,000

Funds for Baldwin/Oconee River Greenway Project in

Baldwin County

$ 10,000

Fund the Victims Assistance Program in Baldwin

County

$ 15,000

Funding for programs at the Boys and Girls Club of

Baldwin and Jones Counties

$ 5,000

Purchase of used van for the Banks County Senior

Center

$ 20,000

Design health services for senior citizens in Banks

County

$ 15,000

Purchase band uniforms for the Banks County High

School

$ 30,000

Provide funding for programs and initiatives at Bartow

Collaborative, Inc. in Bartow County

$ 13,000

Purchase equipment for Bartow County Fire

Department

$ 13,000

Improvements to Stilesboro Academy for the Bartow

County Commission

$ 4,000

Permanently mounted bleachers for Berrien County

Recreation Complex

$ 20,000

Contract for services with The Mentors Project of

Bibb County, Inc.

$ 10,000

WEDNESDAY, MARCH 5, 2003

559

Bibb County

Contract for services with Macon/Bibb County Health

Department for HIV/AIDS education and prevention $ 15,000

Bibb County

Improvements to three regional co-ed soccer fields in

Bibb County

$ 25,000

Bibb County

Contract for services with Adopt-A-Role Model in

Bibb County

$ 50,000

Bibb County

General operation of the Harriet Tubman Museum in

Bibb County

$ 100,000

Bibb County

Contract for services with the Middle Georgia Council

on Drugs in Bibb County

$ 20,000

Bibb County

General operation of The Hay House in Bibb County $ 50,000

Bibb County

Contract for services with the Ruth Mosely Center in

Bibb County

$ 50,000

Bibb County

Funding for Kings Park Literacy program in Bibb

County

$ 5,000

Bibb County Board Enhancements for school band and fine arts program

of Education

at Central High in Bibb County

$ 25,000

Bibb County

Contract for services with Macon/Bibb County Teen

Courts

Court, Inc.

$ 10,000

Bleckley County Athletic improvements for Bleckley County High

Board of Education School

$ 10,000

Bleckley County Bleckley County Development Authority Construction

Development

Project

Authority

$ 25,000

Bleckley County Provide funding for records management software in

Bleckley County

$ 25,000

Brantley County Contract for services with Brantley County Historical

Society for operation of library/museum

$ 5,000

Brantley County Purchase of uniforms and equipment for the Brantley

Board of Education County High School

$ 5,000

Brantley County Brantley County Intergovernmental Relations Office $ 5,000

Brantley County Brantley County travel expense fund

$ 5,000

Brooks County Bridges of Hope in Brooks County

$ 10,000

560

JOURNAL OF THE SENATE

Brooks County Purchase technology lab equipment for Brooks County

Board of Education High School

$ 30,000

Bryan County

Flooring for the Pembroke Public Library in Bryan

County

$ 5,000

Bulloch County Development and construction of athletic fields in

Board of Education Bulloch County

$ 10,000

Bulloch County Development of nature trails and elevated boardwalks

Board of Education at Mill Creek Regional Park in Bulloch County

$ 10,000

Bulloch County Resurface asphalt track at Southeast Bulloch High

School in Bulloch County

$ 10,000

Burke County

Contract for services with CSRA-EOA/Burke County

Head Start for Reading Readiness Program and

children's library in Burke County

$ 5,000

Candler County Implement 911 emergency system in Candler County $ 25,000

Carroll County Establish a symphony orchestra in Carroll County

$ 25,000

Carroll County Remodeling, expanding and upgrading the Carroll

County Agriculture Education Center

$ 20,000

Carroll County Outdoor lighting system for Bowdon High School in

Board of Ed.

Carroll County

$ 56,600

Charlton County Purchase recreation equipment for Charlton County $ 5,000

Chatham County Contract for services with the Community

Cardiovascular Council, Inc. in Chatham County

$ 10,000

Chatham County Expand the kitchen for the Meals on Wheels Program

at Senior Citizens, Inc. of Savannah in Chatham Cty. $ 50,000

Chatham County Provide for Head Start Program classroom for the City

of Savannah

$ 10,000

Chatham County Restoration and repair of the Greenbriar Children's

Center, Inc. in Chatham County

$ 35,000

Chatham County Implementation of the Food and Butter Caf for

Second Harvest Food Bank of Georgia in Chatham

County

$ 25,000

WEDNESDAY, MARCH 5, 2003

561

Chatham County Contract for services with Coastal Association of

Retarded Citizens in Chatham County

$ 20,000

Chatham County Contract for services with the Community

Cardiovascular Council, Inc. in Chatham County

$ 25,000

Chatham County Contract for services with the Anderson Cohen Weight

Lifting Center to provide specialized weight lifting

equipment for severely disabled athletes in Chatham

County

$ 25,000

Chatham County Construction of monument to the African-American

heritage in Chatham County

$ 20,000

Chatham County Enrich and enhance instructional programs at the

Board of Education Massie School in the City of Savannah

$ 15,000

Chatham County Provide funding for the Chatham/Effingham Library in

Chatham County

$ 23,740

Chatham County Westside Community Center in Chatham County

Commission

$ 100,000

Chattahoochee Purchase furniture, equipment and supplies for

County Bd. of Ed. Chattahoochee County Board of Education

$ 25,000

Chattahoochee Preservation of an authentic Confederate uniform in

County

Chattahoochee County

Commission

$ 25,000

Chattahoochee Construct city/county park walking trail and

County

improvements in Chattahoochee County

Commission

$ 7,500

Chattooga County Repair and renovate Chattooga County Government

Buildings, Chattooga County Library and Chattooga

County Civic Center

$ 12,500

Chattooga County Contract for services with The Children's Advocacy

Center of Lookout Mountain Judicial Circuit in

Walker County

$ 10,000

Cherokee County Library materials and expenses for Cherokee County $ 50,000

City of Abbeville Funding for renovations made to the old auditorium

building used by the Arts Council in Wilcox County $ 10,000

562

JOURNAL OF THE SENATE

City of Acworth Renovations of Historic House at Logan Park Horse

Farm in the City of Acworth

$ 5,000

City of Adairsville Purchase a garbage truck for the City of Adairsville $ 30,000

City of Alamo Purchase of a sewer jet machine for the City of Alamo $ 10,000

City of Alamo Fire station construction in City of Alamo

$ 20,000

City of Albany Funding for HAVN local nonprofit organization in the

City of Albany

$ 3,000

City of Albany Contract for services with Mt. Olive Outreach for

tutorial programs in the City of Albany

$ 20,000

City of Albany Contract for services with Union Outreach Mission for

health care for underprivileged in the City of Albany $ 15,000

City of Albany Contract for services with Slater King Adult Day Care

in the City of Albany

$ 20,000

City of Albany Contract for services with East Albany Service

League, Inc. for services to underprivileged in the City

of Albany

$ 20,000

City of Albany Provide university program speakers at Albany State

University

$ 7,500

City of Albany Roof replacement for the Thronateeska Heritage

Center in the City of Albany

$ 15,000

City of Alma

Improvement for Martin Luther King Park in the City

of Alma

$ 10,000

City of Ambrose Purchase playground equipment for park in the City of

Ambrose

$ 10,000

City of

Repair drainage problems at Pioneer Farm tourist

Andersonville

attraction in the City of Andersonville

$ 20,000

City of Arabi

Maintenance and repairs for community service

projects in the City of Arabi

$ 12,000

City of Aragon Recreation improvements for the City of Aragon

$ 25,000

City of Arlington Build a city/county volunteer firehouse in the City of

Arlington

$ 7,000

City of Ashburn Purchase playground equipment for recreation area in

West Ashburn in the City of Ashburn

$ 15,000

WEDNESDAY, MARCH 5, 2003

563

City of Athens City of Athens City of Atlanta City of Atlanta
City of Atlanta City of Atlanta
City of Atlanta Board of Ed. City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta
City of Atlanta City of Atlanta City of Atlanta

Economic revitalization and direct public/private

partnership initiatives in the City of Athens

$ 10,000

Contract with Creative Visions for Saturday

enrichment programs in City of Athens

$ 10,000

Funds to feed and shelter homeless at Jericho Rd

Project in the City of Atlanta

$ 15,000

Contract for services with Southwest YMCA for the

Brother to Brother and Sisters Only program in City of

Atlanta

$ 50,000

Develop Total Wellness Program at Vine City Health

and Housing Ministry in the City of Atlanta

$ 15,000

Contract with Pittsburg Community Improvement

Assn. for housing improvement and economic

development in the City of Atlanta

$ 30,000

After-school program at Joe E. Brown Middle School

in the City of Atlanta

$ 20,000

Renovation of the Active Oval in Piedmont Park in the

City of Atlanta

$ 20,000

Provide for revitalization of Reynoldstown

Community in the City of Atlanta

$ 15,000

Purchase vehicle to transport program recipients for

Antioch Urban Ministries in the City of Atlanta

$ 20,000

Contract for services with Senior Citizens Services

Center for adult day care in the City of Atlanta

$ 52,500

Child care program and classroom conversion at the

Butler St YMCA/Westside Branch in the City of

Atlanta

$ 15,000

Contract for services with the Georgia Citizen

Coalition on Hunger in the City of Atlanta

$ 25,000

Contract for services with Trinity House for services

to homeless men in the City of Atlanta

$ 25,000

Fund a littoral shelf for the lake at Piedmont Park in

the City of Atlanta

$ 10,000

564

JOURNAL OF THE SENATE

City of Atlanta
City of Atlanta
City of Atlanta City of Atlanta
City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta

Contract with Kids in Discovery of Self to maintain

office and staff to continue and promote organization

in the City of Atlanta

$ 25,000

Contract for services with David T. Howard National

Alumni Assn. for substance abuse program in "Old

Fourth Ward" in the City of Atlanta

$ 25,000

Contract for services with Cascade Job Training

Initiative in the City of Atlanta

$ 15,000

Contract for services with Community Care, Inc. for

social service programs to children and youth in the

City of Atlanta

$ 30,000

Purchase workshop materials, transportation and

personnel for Nonprofits, Inc. in the City of Atlanta $ 25,000

Purchase materials at A. D. Williams Elementary

School for the City of Atlanta

$ 1,000

Purchase materials for Alfred Blalock Elementary

School in the City of Atlanta

$ 1,000

Purchase materials at Peyton Forest Elementary

School for the City of Atlanta

$ 1,100

Purchase materials at Jean Childs Young Middle

School in the City of Atlanta

$ 1,500

Purchase materials at Margaret Fain Elementary

School for the City of Atlanta

$ 1,000

Purchase materials at Frederick Douglass High School

for the City of Atlanta

$ 10,000

Funds for materials at D. M. Therrell High School for

the City of Atlanta

$ 4,000

Purchase materials at Henry McNeal Turner Middle

School for the City of Atlanta

$ 2,500

Purchase materials at Fickett Elementary School for

the City of Atlanta

$ 1,000

Purchase materials at Leonora P. Miles Elementary

School for the City of Atlanta

$ 1,000

WEDNESDAY, MARCH 5, 2003

565

City of Atlanta Purchase materials for Collier Heights Elementary

School in the City of Atlanta

$ 1,200

City of Atlanta After-school and weekend program for at-risk children

in the City of Atlanta

$ 10,000

City of Atlanta Funding for materials at L. O. Kimberly Elementary

School for the City of Atlanta

$ 1,000

City of Atlanta Provide funding for Chess Club Program at George A.

Board of Education Townes Elementary School for the City of Atlanta $ 1,100

City of Atlanta Funding for the purchase of materials at Beecher Hills

Elementary School for the City of Atlanta

$ 1,000

City of Atlanta Purchase materials at West Fulton Middle School for

the City of Atlanta

$ 1,500

City of Atlanta Funding for materials at Harper-Archer High School in

the City of Atlanta

$ 1,500

City of Atlanta Funding for Boyd Clinic in the City of Atlanta

$ 1,500

City of Atlanta Funding for activities at Adamsville Elementary

School in the City of Atlanta

$ 1,500

City of Atlanta Purchase materials for Grove Park Elementary School

in the City of Atlanta

$ 1,200

City of Atlanta Purchase materials at F. L. Stanton Elementary School

for the City of Atlanta

$ 1,200

City of Atlanta Purchase materials and supplies for Southside Cultural

Awareness for the City of Atlanta

$ 6,000

City of Atlanta Funding for materials and supplies at the Cascade

Leadership Institute in the City of Atlanta

$ 20,000

City of Atlanta Purchase materials at Anderson Park Elementary

School for the City of Atlanta

$ 1,500

City of Atlanta Purchase materials at Morris Brandon Elementary

School for the City of Atlanta

$ 1,000

City of Atlanta Renovation of Ferber Cottage at Morris Brown

College in the City of Atlanta

$ 125,000

City of Atlanta Purchase materials at Margaret Mitchell Elementary

School for the City of Atlanta

$ 1,000

566

JOURNAL OF THE SENATE

City of Atlanta Public Schools City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta

Upgrade playground equipment and drainage problem

at Mary Lin Elementary School in the City of Atlanta $ 30,000

Funding for materials at Carter G. Woodson

Elementary School for the City of Atlanta

$ 1,000

Purchase materials at Clara Maxwell Pitts Elementary

School for the City of Atlanta

$ 1,000

Funding for materials at Benjamin E. Mays High

School for the City of Atlanta

$ 4,000

Funding for study of tourism in the City of Atlanta $ 20,000

Purchase materials at West Manor Elementary School

for the City of Atlanta

$ 1,000

Funding for materials at Oglethorpe Elementary

School for the City of Atlanta

$ 1,500

Funding for materials at Continental Colony

Elementary School for the City of Atlanta

$ 1,000

Construction of the Progressive Hope House in the

City of Atlanta

$ 25,000

Funding for materials at William J. Scott Elementary

School for the City of Atlanta

$ 1,000

Improvements to Iverson Park in the City of Atlanta $ 15,000

Funding for materials at Warren T. Jackson

Elementary School for the City of Atlanta

$ 1,000

Purchase materials at Walter F. White Elementary

School for the City of Atlanta

$ 1,000

Repair patient elevator at Southwest Hospital in the

City of Atlanta

$ 150,000

Purchase materials at Bazoline E.Usher Middle School

in the City of Atlanta

$ 2,500

Support Metro Atlanta and statewide arts

programming

$ 15,000

Renovate Candler Park bathhouse in the City of

Atlanta

$ 50,000

WEDNESDAY, MARCH 5, 2003

567

City of Atlanta Simpson Road House of Hope for contractual services

in the City of Atlanta

$ 28,000

City of Atlanta Plant trees and cleanup graffiti in the Old Fourth Ward

Neighborhood in the City of Atlanta

$ 4,800

City of Atlanta Clark Atlanta University Youth Music in the City of

Atlanta

$ 15,000

City of Atlanta Contract for services with West Fulton Family Support

Center in the City of Atlanta

$ 10,000

City of Atlanta Bureau of Cultural Affairs for after-school cultural

program in the City of Atlanta

$ 25,000

City of Atlanta Aid in renovation of Slaton Elementary School in the

City of Atlanta

$ 4,500

City of Atlanta- Contract for services with Cascade United Methodist

DCA

Community Outreach Program in the City of Atlanta $ 50,000

City of Augusta Expansion of Shirley Badke Retreat for families of

burn patients in the City of Augusta

$ 10,000

City of Austell Funds for roof repairs for Austell City Hall

$ 25,000

City of Austell Replace existing roof on Austell City Hall

$ 25,000

City of Avera

Equipment purchases for the City of Avera

$ 6,000

City of Avondale Improvements at Lake Avondale and construction of

Estates

walkway over dam in the City of Avondale

$ 25,000

City of Baconton Purchase of benches and landscaping of grounds for

historic Victorian home owned by the City of

Baconton

$ 7,500

City of Bainbridge Construction of handicap accessible sidewalks in the

City of Bainbridge

$ 10,000

City of Bainbridge Purchase playground equipment for recreation

program in the City of Bainbridge

$ 15,000

City of Blackshear Purchase equipment for multi-purpose facility in the

City of Blackshear

$ 5,000

City of Blairsville Restoration of City Hall in the City of Blairsville

$ 10,000

568

JOURNAL OF THE SENATE

City of

Improvements to the drainage at Taylor Park, upgrade

Bloomingdale

the sprinkler system of the football field and construct

a 150' baseball/softball field

$ 25,000

City of Boston

Fund the Streetscape Project in the City of Boston

$ 25,000

City of Braselton Homeland Security funds for the City of Braselton $ 5,000

City of Bremen Funding for band and athletic facility improvements at

the City of Bremen High School

$ 13,000

City of Bremen Recreation funds for the City of Bremen

$ 20,000

City of Brooks Recreation projects for the City of Brooks

$ 15,000

City of Broxton Funding for maintenance equipment for parks and

streets in the City of Broxton

$ 15,000

City of Brunswick Purchase a new snorkel for the City of Brunswick

$ 30,000

City of Brunswick Fire department improvement and equipment for the

City of Brunswick

$ 50,000

Haralson County Contract services for Haralson County Library

$ 50,000

City of Buchanan Purchase equipment for the recreational department in

the City of Buchanan

$ 5,000

City of Buchanan Recreation funds for the City of Buchanan

$ 20,000

City of Byron

Repair old Byron gymnasium in the City of Byron

$ 20,000

City of Cairo

Replacement of marquis on Zebulon Theater in the

City of Cairo

$ 10,000

City of Cairo

Operation of theater in the City of Cairo

$ 10,000

City of Camilla Welcome Center renovation for the City of Camilla $ 15,000

City of Camilla Continued renovation of Historic Depot project for the

City of Camilla

$ 10,000

City of Canon

Renovation and equipment for the City of Canon City

Hall

$ 5,000

City of Cartersville Funds to renovate baseball field and complex at the

City of Cartersville High School

$ 40,000

City of Cave Spring Maintenance, operations and renovation of Fannin

Hall administration building for the Fannin Campus in

the City of Cave Springs

$ 30,000

WEDNESDAY, MARCH 5, 2003

569

City of Cedartown Purchase lighting system for the City of Cedartown

Civic Auditorium

$ 21,000

City of Cedartown Purchase lighting for the Cedartown Auditorium

$ 25,000

City of Centerville Renovation to the current police station in the City of

Centerville

$ 5,000

City of

Renovations to the downtown area of Chickamauga

Chickamauga

for a Beautification Project

$ 15,000

City of Clarkston Contract for services with KHADIJALAND, Inc. for

cultural exchange program

$ 10,000

City of Clarkston Start up of a multi-cultural youth soccer league for the

City of Clarkston

$ 10,000

City of Clarkston Renovations to school in the City of Clarkston

$ 10,000

City of Clarkston Beautification project for the City of Clarkston

$ 10,000

City of Clayton Contract with Native American Warrior Society for

aid to all disabled veterans and low income families in

the City of Clayton

$ 10,000

City of Cobbtown Renovations and new equipment for city recreation

park in the City of Cobbtown

$ 5,000

City of Cochran Airport improvements in the City of Cochran

$ 10,000

City of Collins Purchase fire truck for the City of Collins

$ 10,000

City of Colquitt Contract with Colquitt Miller Arts Council for cultural

programs in City of Colquitt

$ 25,000

City of Colquitt Complete renovation of tennis courts at recreational

complex in the City of Colquitt

$ 20,000

City of Columbus Fund personal development/career enhancement

programs in the City of Columbus

$ 20,000

City of Columbus Funding for community programs at South Westview

Against Drugs in the City of Columbus

$ 15,000

City of Columbus Fund a non-profit educational and personal

development program in the City of Columbus

$ 40,000

City of Columbus Funding for Community Alliance Organization which

implements programs for the underprivileged in the

City of Columbus

$ 30,000

570

JOURNAL OF THE SENATE

City of Columbus Assist non-profit organization providing housing for

low to moderate income families and individuals in the

City of Columbus

$ 47,000

City of Columbus Establishment of City of Columbus community center

resources

$ 5,000

City of Commerce Purchase surveillance system for the City of

Commerce High School

$ 15,000

City of Concord Install early weather warning system for the City of

Concord

$ 12,000

City of Concord Purchase Jaws of Life and 2 defibrillators for the City

of Concord

$ 15,000

City of Conyers Renovation of historic Bald Rock Church building in

the Georgia International Horse Park in the City of

Conyers for use as a community center

$ 20,000

City of Covington Purchase voice stress analyzer tester for the City of

Covington Police Department

$ 10,000

City of

Renovation of city hall and welcome center in the City

Crawfordville

of Crawfordville

$ 10,000

City of Dallas

Improvements to park in the City of Dallas

$ 18,000

City of Dalton Funding for the North West Georgia Girl's Home

operating expenses in the City of Dalton

$ 20,000

City of Darien Contract for services with the Howard Genesis House,

Inc. for services to homeless women in the City of

Darien

$ 20,000

City of Darien Renovate the upper level of the City Hall building in

the City of Darien

$ 60,000

City of Dawson Computers and playground equipment for the City of

Dawson

$ 10,000

City of Dawson Heating, air conditioning and rewiring of historic

Carnegie Library in the City of Dawson

$ 10,000

City of Decatur Recondition bicycles and build yellow bike stations for

public use in City of Decatur

$ 5,000

City of Doerun Purchase land for City of Doerun Fire Department $ 10,000

WEDNESDAY, MARCH 5, 2003

571

City of Doerun Construction of a chain link fence around electric sub-

station in the City of Doerun

$ 7,500

City of

Sidewalk improvements in the City of Donalsonville

Donalsonville

$ 10,000

City of Douglas Purchase equipment for the City of Douglas Police

Department

$ 3,000

City of Douglas Purchase portable speed detector for the City of

Douglas Police Department

$ 3,000

City of Dublin Operational funding for welcome center in City of

Dublin

$ 5,000

City of Dublin Stabilize the historic Fred Roberts Hotel building

which house Laurens County Senior Center in City of

Dublin

$ 5,000

City of Dudley Volunteer fire department equipment for the City of

Dudley

$ 5,000

City of Dudley Funding for centennial celebration in the City of

Dudley

$ 2,500

City of East Point Contract for services with the East Point Police

Athletic League for at-risk youth programs in the City

of East Point

$ 25,000

City of East Dublin Four tennis courts at Warnock Park in City of East

Dublin

$ 10,000

City of East Point Contract for services with Women's Employment

Opportunity Project for computer literacy tennis courts

and walking trails program in the City of East Point $ 20,000

City of Eastman Building project for Eastman Developmental

Authority

$ 25,000

City of Eatonton Renovation of the historic Madison Avenue School in

the City of Eatonton

$ 15,000

City of Emerson Renovation of municipal building in the City of

Emerson

$ 28,000

City of Euharlee Recreation and park improvements for the City of

Euharlee

$ 20,000

572

JOURNAL OF THE SENATE

City of Fairburn Purchase athletic equipment, uniforms and banquet

trophies for the City of Fairburn

$ 25,000

City of Fitzgerald Construct a walking trail for senior citizens in the City

of Fitzgerald

$ 10,000

City of Flemington Construct sidewalks near Joseph Martin Elementary

School in City of Flemington

$ 30,000

City of Flovilla Assist with cost of fence around City of Flovilla

cemetery

$ 10,000

City of Flovilla Recreation park development for the City of Flovilla $ 5,000

City of Flovilla Provide fire and rescue equipment for City of Flovilla

Fire Department

$ 10,000

City of Folkston Promote tourism and downtown revitalization in the

City of Folkston

$ 5,000

City of Forest Park Prepare a vehicle free pathway between the recreation

center and the senior center in the City of Forest Park $ 25,000

City of Fort Valley Refurbish old school bus for the Boys and Girls Club

in City of Fort Valley

$ 12,000

City of Fort Valley Assist in the renovation of the old theater building in

the City of Fort Valley

$ 25,000

City of Fort

Provide funding for renovations to historic band stand

Oglethorpe

in the City of Fort Oglethorpe

$ 15,000

City of Fort Valley Community revitalization project for the City of Fort

Valley

$ 12,000

City of Franklin Professional service to codify City ordinances in the

Springs

City of Franklin Springs

$ 5,000

City of Gainesville Improvements to athletic fields at Memorial Park Road

campus of Boys and Girls Club of Gainesville

$ 10,000

City of Glennville Purchase lights for softball field in City of Glennville $ 10,000

City of Glennville Upgrade equipment and park areas for the City of

Glennville Recreation Department

$ 3,000

City of Gordon Construction and landscape of a city park in the Town

of Gordon

$ 5,000

WEDNESDAY, MARCH 5, 2003

573

City of Gough Contract with Gough Improvement Assn., Inc. for

renovation of community center in City of Gough

$ 10,000

City of Greensboro Contract for services with Greensboro Downtown

Development in the City of Greensboro

$ 10,000

City of Guyton Fund restoration of recreation gym for the City of

Guyton

$ 5,000

City of Guyton City of Guyton gym renovation to heating and air

conditioning

$ 20,000

City of Hahira Purchase of books and research resources for the

Hahira Public Library in City of Hahira

$ 5,000

City of Hampton Construction of softball field in the City of Hampton $ 15,000

City of Harlem Purchase equipment for the Harlem Volunteer Fire

Department in the City of Harlem

$ 5,000

City of Hartwell Complete the Hartwell Conference Center for the City

Recreation

of Hartwell Recreation Department

Department

$ 75,000

City of

Maintenance and operation of the Opera House in City

Hawkinsville

of Hawkinsville

$ 10,000

City of

Maintenance and operation of the M.E. Rhoden

Hawkinsville

Library in the City of Hawkinsville

$ 12,000

City of Helena Provide handicapped access for railroad station in the

City of Helena

$ 10,000

City of Hinesville Construct a new fire station in the City of Hinesville $ 9,000

City of Hinesville Provide funding for the 11 Black Men of Liberty

County educational programs for the City of

Hinesville

$ 10,000

City of Hinesville Contract for services with Eleven Black Men of

Liberty County, Inc. in the City of Hinesville

$ 5,000

City of Hoboken Recreation park improvements for the City of

Hoboken

$ 5,000

City of Homeland Improvements to City of Homeland recreation

department walking track and ballfields

$ 5,000

City of Homerville Expansion of softball field in City of Homerville

$ 10,000

574

JOURNAL OF THE SENATE

City of Homerville Restoration of the Homer Maddox home in the City of

Homerville

$ 30,000

City of Ideal

Purchase new water well for the City of Ideal

$ 15,000

City of Jackson Purchase of fire and rescue equipment in the City of

Jackson

$ 10,000

City of Jakin

Construct stage adjoining the gazebo in the Jakin Park

in the City of Jakin

$ 6,000

City of Jesup

Improvements to McMillan Greenway Park in the City

of Jesup

$ 5,000

City of Jonesboro Provide for a family park and sidewalk construction in

the City of Jonesboro

$ 10,000

City of Jonesboro Provide for family park, walking track and restrooms

in City of Jonesboro

$ 15,000

City of Kennesaw Construction of pedestrian crossing under CSX

Railroad in the City of Kennesaw

$ 5,000

City of Kennesaw Funds for expansion of historic museum in the City of

Kennesaw

$ 35,000

City of Kennesaw Parking improvements and installation of underground

utilities at Cauble/Acworth Beach in the City of

Kennesaw

$ 10,000

City of Keysville Contract for services with Beyond The Ark Outreach

Ministries, Inc. for programs and services in City of

Keysville

$ 15,000

City of Keysville Improvements to City of Keysville City Hall

$ 15,000

City of Kingston Improvements to city park, recreation and museum in

the City of Kingston

$ 20,000

City of Kite

Improvements and equipment for recreation complex

in the City of Kite

$ 5,000

City of LaFayette Piping and grading for drainage in the City of

LaFayette

$ 15,000

City of LaFayette Historic Monument in the City of LaFayette

$ 15,000

City of Lake City Recreation enhancements in Lake City

$ 25,000

City of Lakeland Training equipment for the City of Lakeland

$ 8,000

WEDNESDAY, MARCH 5, 2003

575

City of Lakeland Creation of pedestrian bridge at Lake Erma in City of

Lakeland

$ 10,000

City of Lavonia Purchase radio equipment for City of Lavonia Police

Department

$ 12,000

City of Lavonia Lighting and fencing for the city park in City of

Lavonia

$ 20,000

City of Leary

Purchase of playground equipment for the City of

Leary

$ 5,000

City of Leesburg Weather alert system for the City of Leesburg

$ 20,000

City of Lenox

Remodel restrooms of the RESA facility in the City of

Lenox

$ 15,000

City of Lilburn Preservation and improvement of the community's

green space and downtown revitalization program in

the City of Lilburn

$ 10,000

City of Lithonia Restore or replace the recreational facilities at the

existing city park in City of Lithonia

$ 5,000

City of Loganville Main Street downtown sidewalk renovation project in

the City of Loganville

$ 5,000

City of Ludowici Purchase a police car for the city of Ludowici

$ 10,000

City of Lyons

Paving for additional parking spaces at the Lyons

Recreation Department in City of Lyons

$ 5,000

City of Macon Funds for walking trails, picnic areas at the Freedom

Park Complex in the City of Macon

$ 25,000

City of Macon Provide funds for sterilization program at the City of

Macon's Animal Shelter

$ 5,000

City of Macon Contract for services with Middle Georgia Tennis

Academy for after school tennis and tutorial program

in the City of Macon

$ 20,000

City of Macon Funding for the Bartlett Crossing Literacy and gang

prevention program in the City of Macon

$ 5,000

City of Macon Provide funds for the Mosely Women's Center for

operations in the City of Macon

$ 50,000

576

JOURNAL OF THE SENATE

City of Macon Funding for the Tubman African American Museum

expansion project in the City of Macon

$ 50,000

City of Macon Provide funds for the Museum of Arts and Sciences in

the City of Macon

$ 50,000

City of Marietta Support "Gone with the Wind" Movie Memorabilia

Museum in the City of Marietta

$ 10,000

City of Marietta Purchase and install security cameras in Marietta

Board of Education Middle School

$ 20,000

City of McDonough Purchase Breathing Air Compressor for City of

McDonough Fire Department

$ 15,000

City of McRae Purchase playground equipment for park in the City of

McRae

$ 15,000

City of Meansville Construction of building to house fire truck for the

City of Meansville

$ 10,000

City of Meigs

Construct a walking track in the City of Meigs

$ 10,800

City of Menlo

Improvements to sidewalks, streets, and park in City

of Menlo

$ 20,000

City of Metter

Implementation of 911 service in the City of

Metter/Candler County

$ 10,000

City of Midville Contract for services with the Midville Community

Development and Outreach Center in the City of

Midville

$ 10,000

City of Milan

Renovations to City of Milan Community Center

$ 10,000

City of

Funding for the Baldwin/Oconee River Greenway

Milledgeville

Project in the City of Milledgeville

$ 10,000

City of

Purchase Case 590 backhoe for the City of

Milledgeville

Milledgeville

$ 30,000

City of

Purchase generator for the City of Milledgeville

Milledgeville

$ 30,000

City of

Funding to automate meter reading system in the City

Milledgeville

of Milledgeville

$ 8,000

City of

Funds for programs at Boys and Girls Club in the City

Milledgeville

of Milledgeville

$ 6,000

WEDNESDAY, MARCH 5, 2003

577

City of

Purchase chemical protective suits for the City of

Milledgeville

Milledgeville Fire Department

$ 11,000

City of Mitchell Funds to complete City of Mitchell Depot Restoration

Project

$ 20,000

City of Montezuma Assist in reroofing Montezuma City Hall

$ 20,000

City of Montezuma Replace roof of Montezuma City Hall

$ 40,000

City of Monticello Provide partial funding for playground equipment at

Funderburg Park in the City of Monticello

$ 8,000

City of Monticello Funding for the City of Monticello's Funderburg Park

Project

$ 8,000

City of Montrose Purchase equipment for the volunteer fire department

in the City of Montrose

$ 5,000

City of Morgan Provide funding for park restroom facilities in the City

of Morgan

$ 5,000

City of Mount

Central heating and air conditioning for the Northside

Vernon

Community Center project in the City of Mount

Vernon

$ 5,000

City of Nahunta Construction improvement and equipment at City Hall

in the City of Nahunta

$ 10,000

City of Nashville Completion of phase 2 universally accessible

playground in the City of Nashville

$ 20,000

City of Newnan Purchase of hazardous material equipment for City of

Newnan Fire Department

$ 5,000

City of Newnan City of Newnan Downtown Economic Development

Project

$ 20,000

City of Newnan Achievers International Programs in the City of

Newnan

$ 20,000

City of Norman Purchase police department K-9 vehicle for the City of

Park

Norman Park

$ 10,000

City of Norman Replace tanker truck tank for the Norman Park

Park

Volunteer Fire Department in the City of Norman Park $ 10,000

City of Ocilla

Repair poor acoustics in the Community House at the

City of Ocilla

$ 10,000

578

JOURNAL OF THE SENATE

City of Odum City of Oxford City of Palmetto City of Patterson City of Patterson City of Pearson City of Pearson City of Pelham City of Pembroke City of Pembroke City of Pembroke City of Perry City of Perry City of Pine Lake City of Pine Lake City of Pine Lake City of Pinehurst City of Pineview

Purchase equipment for the City of Odum

$ 5,000

Enhancement of city park adjacent to City Hall in the

City of Oxford

$ 6,000

Provide recreation equipment for the City of Palmetto $ 10,000

Funds to pay for clean up of hazardous spill in City of

Patterson

$ 10,000

Purchase office equipment for the City of Patterson $ 5,000

Safety and facility enhancement for sports/recreation

in City of Pearson

$ 12,000

Purchase street and road maintenance equipment for

the City of Pearson

$ 5,000

Purchase of van for first respondent fire fighters in

City of Pelham

$ 15,000

Provide funding for old jail restoration in the City of

Pembroke

$ 10,000

Old Jail Welcome Center restoration in the City of

Pembroke

$ 10,000

Restore the interior of the historic downtown theater in

the City of Pembroke

$ 10,000

Provide funds to Upton Perry Partnership for the Big

Indian Creek Development in the City of Perry

$ 50,000

Replacement and installation of ballfield lighting at

Rozar Park in the City of Perry

$ 50,000

Repairs to City Hall and paving of parking lot in the

City of Pine Lake

$ 20,000

Purchase maintenance equipment for the City of Pine

Lake

$ 15,000

Purchase equipment, software and provide training for

GCIC compliance in the City of Pine Lake

$ 15,000

Purchase a maintenance truck for the City of Pinehurst $ 15,000

Purchase water tank, pump house and a building for

the City of Pineview Fire Department

$ 10,000

WEDNESDAY, MARCH 5, 2003

579

City of Pitts City of Plains City of Plains City of Portal City of Poulan City of Quitman City of Quitman City of Reidsville City of Reidsville City of Richland City of Richland City of Riverdale City of Rochelle City of Rochelle City of Rockmart City of Rockmart City of Rockmart City of Rome City of Rome

Repair of gymnasium floor in recreation complex in

the City of Pitts

$ 10,000

Repairs to City of Plains wastewater treatment plan $ 30,000

Refurbishment of railcar for the City of Plains

$ 15,000

Purchase and renovate community center for City of

Portal

$ 10,000

Purchase fire and safety equipment for the City of

Poulan

$ 5,000

New gym floor for the City of Quitman Recreation

Department

$ 15,000

Athletic equipment for the City of Quitman Recreation

Department

$ 10,000

Purchase fire truck for City of Reidsville

$ 10,000

Plan and upgrade airport facilities in City of Reidsville $ 25,000

Provide funding for the downtown Street Scape

Project for the City of Richland

$ 20,000

Renovations of downtown City of Richland for the

Street Scape Project

$ 10,000

Funds to purchase playground equipment in the City

of Riverdale

$ 10,000

Removal of abandoned hazardous tank located in the

center of the City of Rochelle

$ 10,000

Purchase van for senior citizen center in the City of

Rochelle

$ 20,000

Purchase equipment for the City of Rockmart Civic

Auditorium

$ 5,000

Improvements to the little league field and equipment

in the City of Rockmart

$ 25,000

Purchase equipment for the City of Rockmart Fire

Department

$ 10,000

Funding for sewer installation in the City of Rome $ 15,000

Repairs to Rome Little Theater in the City of Rome $ 15,000

580

JOURNAL OF THE SENATE

City of Rome

Purchase a handicap van for the Network Day Service

Center in the City of Rome

City of Rome

Restoration funds for the Historic Clock and Tower in

the City of Rome

City of Rome

Contract for services with National Creative Society

for children's service programs in City of Rome

City of Rome

Funds for after-school mentoring program for 100

Black Men of Rome

City of Rossville Downtown development in the City of Rossville

City of Sale City Purchase required computer software for the uniform

chart of accounts for Sale City

City of Sandersville Funding for improvements to the City of Sandersville

Recreation Department

City of Sardis

Purchase surveillance cameras for the City of Sardis

Police Department

City of Savannah Purchase supplies, tools and books for renovation

projects at St. Paul Technical Center in the City of

Savannah

City of Savannah Recreational/neighborhood improvements for the East

Savannah Community Association in the City of

Savannah

City of Savannah Recreational/neighborhood improvements for

Midtown Neighborhood Association in the City of

Savannah

City of Savannah Recreational/neighborhood improvements for

Nottingham Park Community Association in the City

of Savannah

City of Savannah Contract for services with Alpha Kappa Alpha

Sorority in the City of Savannah for after-school and

pregnancy prevention programs

City of Savannah Contracts for services with Greenbriar Children's

Center, Inc. in the City of Savannah for capital

improvements on campus

$ 20,000 $ 20,000 $ 20,000 $ 10,000 $ 15,000 $ 6,750 $ 10,000 $ 5,000
$ 10,000
$ 5,000
$ 10,000
$ 10,000
$ 7,000
$ 10,000

WEDNESDAY, MARCH 5, 2003

581

City of Savannah Provide funds for the Community Change for Youth

Development (CCYD) program in the City of

Savannah

$ 54,480

City of Savannah Renovation and construction of residential cottages at

Greenbriar Children's Center in the City of Savannah $ 40,000

City of Savannah Renovations to the drivers' license facility in the City

of Savannah

$ 270,000

City of Savannah Savannah Association for the Blind

$ 20,000

City of Screven Equipment purchase for the City of Screven

$ 5,000

City of Shellman Renovation to the health clinic in the City of Shellman $ 10,000

City of Smyrna Complete Veterans' Memorial in the City of Smyrna $ 35,000

City of Social Circle Refurbish concession stand building and pavilion at

Stephens Park in the City of Social Circle

$ 5,000

City of Soperton Provide funding for construction of commuter parking

lot in the City of Soperton

$ 15,000

City of Soperton Renovation of recreation park facilities in the City of

Soperton

$ 15,000

City of Stillmore Beautification project in the City of Stillmore

$ 2,500

City of Stockbridge Park improvements in the City of Stockbridge

$ 40,000

City of Stone

ART Station program in the City of Stone Mountain

Mountain

$ 25,000

City of Stone

Purchase equipment and software for the City of

Mountain

Stone Mountain

$ 25,000

City of Stone

Contract for services with ART Station, Inc. in the

Mountain

City of Stone Mountain for facility renovation

$ 10,000

City of Summerville Purchase of AED for the City of Summerville Fire

Department

$ 3,500

City of Swainsboro Downtown development for the City of Swainsboro $ 20,000

City of Swainsboro Renovations to City of Swainsboro City Hall

$ 10,000

City of Swainsboro Repairs, renovations and equipment for Emanuel

County Arts Center in the City of Swainsboro

$ 5,000

City of Swainsboro Improvements to recreation complex in City of

Swainsboro

$ 15,000

582

JOURNAL OF THE SENATE

City of Swainsboro Repairs, renovations and supplies for animal shelter in

City of Swainsboro

$ 5,000

City of Sycamore Improve lots and deteriorating buildings in the City of

Sycamore

$ 10,000

City of Sylvania Renovation of community center for the City of

Sylvania

$ 10,000

City of Sylvania Repair to community center in the City of Sylvania $ 35,000

City of Sylvester Renovation and improvements to Jeffords Park in the

City of Sylvester

$ 10,000

City of Talbotton Smith Hill Community Improvement Project and

realignment of Smith Hill Road/Highway 80

intersection in the City of Talbotton

$ 10,000

City of Talbotton Landscaping and park equipment for Kiddie Park in

the City of Talbotton

$ 5,000

City of Tallapoosa Recreation funds for the City of Tallapoosa

$ 20,000

City of Tallapoosa Purchase equipment for Haralson County Historical

Museum in the City of Tallapoosa

$ 5,000

City of Tallapoosa Funds to construct a flag pole at the Scout House in

the City of Tallapoosa

$ 2,000

City of Tallulah Repair and correct water lines in the City of Tallulah

Falls

Falls

$ 10,000

City of Temple Recreation department projects for the City of Temple $ 10,000

City of Tennille Funding for improvements to recreation facilities in

the City of Tennille

$ 10,000

City of Tennille Equipment purchase for the City of Tennille

$ 5,000

City of Thunderbolt Purchase First Response Vehicle for the Medical

Emergency Program for the City of Thunderbolt Fire

Department

$ 20,000

City of Thunderbolt Contract for services with the Thunderbolt Museum

Society in the City of Thunderbolt

$ 10,000

City of Tifton

Construction of water line in the City of Tifton

$ 15,000

City of Tifton

Repairs, improvements and equipment for historic

downtown Tift Theater in City of Tifton

$ 5,000

WEDNESDAY, MARCH 5, 2003

583

City of Tifton

Utility project for the City of Tifton

City of Twin City Purchase of equipment for fire department in the City

of Twin City

City of Ty Ty

Improvements to central city park area in the City of

TyTy

City of Tybee Island Construction of a pedestrian park in the City of Tybee

Island

City of Tybee Island Tybee Island Recreation Feasibility Study

City of Unadilla Renovation of old city buildings on Front Street in

downtown City of Unadilla

City of Valdosta Maintenance and repairs for Valdosta/Lowndes

County Arts Commission

City of Valdosta Repairs to Lowndes County Historical Society

City of Valdosta Purchase furniture, equipment and supplies for

Southside Library in Valdosta

City of Valdosta Contract for services with the Valdosta Food Bank

City of Valdosta Contract with Valdosta Boys and Girls Club for after

school programs in the City of Valdosta

City of Valdosta Community Based Children's Advocacy Center in the

City of Valdosta

City of Valdosta Contract with LAMP, Inc. to provide transitional

housing program for women and children in the City

of Valdosta

City of Valdosta Renovation to City of Valdosta's Oldest House, the

Robert House

City of Valdosta Purchase books and equipment for the South Georgia

Regional Library in the City of Valdosta

City of Vidalia Improvements to walking trail at the Ed Smith

Complex in Vidalia County

City of Villa Rica Recreation department projects for the City of Villa

Rica

City of Wadley Equipment purchase for the City of Wadley Volunteer

Fire Department

$ 36,000 $ 10,000 $ 5,000 $ 35,000 $ 25,000 $ 15,000 $ 5,000 $ 3,000 $ 5,000 $ 10,000 $ 5,000 $ 10,000
$ 5,000 $ 15,000 $ 20,000 $ 5,000 $ 10,000 $ 5,000

584

JOURNAL OF THE SENATE

City of Wadley Purchase truck and equipment for the City of Wadley $ 10,000

City of Wadley Purchase a trash truck for the City of Wadley

$ 4,000

City of

Purchase supplies for the Walthourville Summer

Walthourville

Enrichment Program in the City of Walthourville

$ 7,300

City of Warner Operation of the Air Force Museum in the City of

Robins

Warner Robins

$ 90,000

City of Warwick Purchase radio and law enforcement equipment for

police vehicles for the City of Warwick

$ 5,000

City of Washington Contract for services with Washington/Wilkes Family

Connection for Jump Start Early Intervention Program

in the City of Washington

$ 10,000

City of Watkinsville Landscape the Hershel B. Harris Garden and Harris

Shoals Park in the City of Watkinsville

$ 5,000

City of Waycross Renovations and restoration to the Ritz Theater in the

City of Waycross

$ 10,000

City of Waycross Purchase computers for the Drug Action Council's

Weed and Seed Program in City of Waycross

$ 2,500

City of Waynesboro Replace and purchase new playground equipment,

computer and educational materials for the Childcare

Center in City of Waynesboro

$ 5,000

City of

Purchase playground equipment for the city Kiddie

Willacoochee

Park in the City of Willacoochee

$ 10,000

City of Woodland Safety improvements to City Park in the City of

Woodland

$ 10,000

City of Wrightsville Improvements to West View Cemetery in the City of

Wrightsville

$ 10,000

City of Wrightsville Purchase equipment for fire department in the City of

Wrightsville

$ 15,000

City Of Cave

Funding for street and sewer construction in the City

Springs

of Cave Springs

$ 15,000

City of White

Purchase volunteer fire department supplies for the

City of White

$ 9,000

WEDNESDAY, MARCH 5, 2003

585

Clark County

Northeast Georgia Regional Center for Independent

Living in Clark County

$ 107,540

Clay County

Planning, mapping, addressing, and implementing of

enhanced 911 system in Clay County

$ 15,000

Clayton County Athletic equipment, fine arts program and band

Board of Education programs for North Clayton High in Clayton County $ 5,000

Clayton County Athletic equipment, fine arts program and band

Board of Education programs for Church St Elementary in Clayton

County

$ 5,000

Clayton County Athletic equipment, fine arts program and band

Board of Education programs for Oliver Elementary in Clayton County $ 5,000

Clayton County Athletic equipment, fine arts program and band

Board of Education programs for Northcutt Elementary School in Clayton

County

$ 5,000

Clayton County Athletic equipment, fine arts program and band

Board of Education programs for North Clayton Middle School in Clayton

County

$ 5,000

Clayton County Athletic equipment, fine arts program and band

Board of Education programs for West Clayton Elementary School in

Clayton County

$ 5,000

Clayton County Support school operation resources for Robert Smith

Board of Education Elementary PTA for Clayton County

$ 1,000

Clayton County Support school operation resources for McGarrah

Board of Education Elementary PTA in Clayton County

$ 1,000

Clayton County Support resources for the school operation for M.D.

Board of Education Roberts PTA in Clayton County

$ 4,000

Clayton County Support school operations resources for Jonesboro

Board of Education High School PTA in Clayton County

$ 1,000

Clayton County Support school operation resources for Arnold

Board of Education Elementary PTA in Clayton County

$ 1,000

Clayton County Support school operation resources at Mt. Zion High

Board of Education School PTA in Clayton County

$ 1,000

Clayton County Support school operation resources for Morrow

Board of Education Middle School PTA in Clayton County

$ 1,000

586

JOURNAL OF THE SENATE

Clayton County Support school operation resources for Adamson Board of Education Middle School PTA in Clayton County Clayton County Support school operation resources for the Jonesboro Board of Education Middle School PTA in Clayton County Clayton County Enhancements for Jesters Creek Trail in Clayton
County Clayton County Park enhancements in East Clayton County Clayton County Support operation resources for Morrow High School Board of Education in Clayton County Clayton County Technology improvements for Carrie D. Kendrick Board of Education Middle School in Clayton County Clayton County Purchase books and technology for Pointe South Board of Education Elementary in Clayton County Clayton County Purchase 15 passenger van for Rainbow House
Emergency Shelter in Clayton County Clayton County Purchase training tools, safety and office equipment
for the Forest Park Athletic Assn. in Clayton County Clayton County Operating funds and HUD match for Calvary Refuge
in Clayton County Clayton County Purchase software and peripherals for the Riverdale Board of Education Elementary School in Clayton County Clayton County Replace playground equipment at Brown Elementary Board of Education School in Clayton County Clayton County Weight room modifications and weight room Board of Education equipment at Lovejoy High School in Clayton County Clayton County Support school operation resources for Mt. Zion Board of Education Elementary PTA in Clayton County Clayton County Provide a food pantry and help center through the
Clayton County Commission Clayton County Provide for computer and research equipment for
Evening High School in Clayton County

$ 1,000 $ 1,000 $ 25,000 $ 25,000 $ 1,000 $ 5,000 $ 5,000 $ 10,000 $ 10,000 $ 30,000 $ 5,000 $ 10,000 $ 10,000 $ 1,000 $ 10,000 $ 10,000

WEDNESDAY, MARCH 5, 2003

587

Clayton County Repairs and Renovations of the Clayton County

Board of

Alzheimer Center

Commissioners

$ 25,000

Clayton County Funds for a study on the use of the Atlanta Farmer's

Commission

Market and how it should be developed in future years

in Clayton County

$ 25,000

Clayton County Repairs and renovation of athletic fields at Forest Park

Board of Education High School in Clayton County

$ 20,000

Clayton County Funds to continue program goals for the Youth

Board of

Empowerment Project in Clayton County

Commissioners

$ 25,000

Clayton County Funds for computer and research equipment for

Morrow High School in Clayton County

$ 10,000

Clayton County Purchase computer and research equipment for North

Clayton High School in Clayton County

$ 10,000

Clayton County Funds for computer and research equipment for Mt.

Zion High School in Clayton County

$ 10,000

Clayton County Provide for an after-school intervention program in

Clayton County

$ 10,000

Clayton County Funds for computer equipment for Jonesboro High

School in Clayton County

$ 10,000

Clayton County Funds for computer and research equipment for

Lovejoy High School in Clayton County

$ 10,000

Clayton County Provide for computer and research equipment for

Riverdale High School in Clayton County

$ 10,000

Clayton County Funds for computer and research equipment for Forest

Park High School in Clayton County

$ 10,000

Clayton County Purchase band uniforms for Mundy's Mill High

Board of Education School for Clayton County Board of Education

$ 20,000

Clayton County Purchase computer software for Clayton County Voter

Voter Registration Registration Office

$ 18,700

Clinch County Purchase computer and research resources for Huxford

Genealogical Library in Clinch County

$ 15,000

588

JOURNAL OF THE SENATE

Cobb County

Install handicap ramps and handicap restroom

upgrades for South Cobb Community Center in Cobb

County

$ 16,500

Cobb County

Purchase of playground equipment for Young Family

Community Resource Center in Cobb County

$ 15,000

Cobb County

Purchase of medical supplies for Smyrna Community

Health Center in Cobb County

$ 12,000

Cobb County

Funding for materials at Nickajack Elementary School

in Cobb County

$ 1,000

Cobb County

Funding for student uniforms at Pebblebrook High

School in Cobb County

$ 6,000

Cobb County

Funding for materials at Lindley Middle School in

Cobb County

$ 2,000

Cobb County

Construct a storage facility, batting cage and dugouts

at Harrison High School in Cobb County

$ 14,500

Cobb County

Construct facility for fast pitch program at Walton

High School in the City of Marietta

$ 50,000

Cobb County Board Construct bleachers on softball field and on visitor's

of Education

side of baseball field at Osborne High School in Cobb

County

$ 15,000

Cobb County Board Fund position for bi-lingual family services

of Education

coordinator at Birney Elementary School in Cobb

County

$ 5,000

Cobb County Board Computers and books needed for technology media

of Education

center at Campbell High School in Cobb County

$ 5,000

Cobb County Board Purchase two copiers and to complete a playground for

of Education

the Brown Elementary School in Cobb County

$ 5,000

Cobb County Board Purchase computers, physical ed equipment and

of Education

provide summer programs at Griffin Middle School in

Cobb County

$ 5,000

Cobb County Board Laptop computers and books for the media center at

of Education

Norton Park Elementary in Cobb County

$ 5,000

Cobb County Board Purchase books and materials for bookmobile for

of Education

Belmont Elementary School in Cobb County

$ 5,000

WEDNESDAY, MARCH 5, 2003

589

Cobb County Board Purchase computers and printers at Nickajack

of Education

Elementary in Cobb County

$ 5,000

Cobb County Board Provide for computer software and training in Cobb

of Education

County for Cobb County Board of Education

$ 6,488

Cobb County Board ESOL materials and tech support staff member for

of Education

Floyd Middle School in Cobb County

$ 5,000

Cobb County Board Purchase and installation of 15 desktop computers for

of Education

Campbell Middle School in Cobb County

$ 10,000

Cobb County Board Purchase of lockers for the football field house at Kell

of Education

High School in Cobb County

$ 10,000

Cobb County Board Purchase and install security system at Campbell High

of Education

School for Cobb County Board of Education

$ 20,000

Coffee County Assist in equipment for Wilsonville Volunteer Fire

Commissioners District station in Coffee County

$ 10,000

Coffee County Highway 441 Economic Development Council,

Incorporated

$ 60,000

Coffee County Construct volunteer fire station for the Wilsonville

Commissioners community in Coffee County

$ 10,000

Coffee County Purchase playground equipment for Nicholls

Elementary School in Coffee County

$ 15,000

Coffee County Purchase of mats and weights for Coffee Middle

Board of

School in Coffee Board Of Education

Education

$ 10,000

Colquitt County Improvements in the Culbertson Community

Volunteer Fire Department in Colquitt County

$ 10,000

Columbia Board of Athletic Improvements for Evans High School in

Education

Columbia County

$ 10,000

Columbia Board of Technology improvements for Blue Ridge Elementary

Education

in Columbia County

$ 5,000

Columbia County Field improvements for Martinez Evans Little League

in Columbia County

$ 10,000

Columbia County Outdoor classroom for the Westmont Elementary in

Board of Education Columbia County

$ 5,000

590

JOURNAL OF THE SENATE

Columbia County Athletic Improvements for the Greenbriar High School

Board of Education in Columbia County

$ 10,000

Columbia County Athletic improvements for Lakeside High School in

Board of Education Columbia County

$ 10,000

Columbia County Sheriff's Office Summer Camp program in Columbia

County

$ 15,000

Columbia County Refurbish the historical Crawford Cemetery in

Columbia County

$ 15,000

Columbus

Funding for the Positive Parenting/Play and Learn

Consolidated

Together Program/ Teenage Parenting Program in

Government

Columbus/Muscogee County

$ 10,000

Columbus

Contract for services with Urban League of Greater

Consolidated

Columbus for Youth Challenge Project

Government

$ 20,000

Columbus

Contract for services with Columbus Community

Consolidated

Central for outreach program in Columbus

Government

$ 25,000

Columbus

Contract for services with Port Columbus Civil War

Consolidated

Navel in Columbus/Muscogee County

Government

$ 100,000

Columbus

Contract for services with the Boys and Girls Clubs of

Consolidated

Columbus for Columbus/Muscogee County

Government

$ 120,000

Columbus

Contract for services with Metropolitan Columbus

Consolidated

Task Force for Columbus/Muscogee County

Government

$ 20,000

Columbus

Contract for services with Combined Communities of

Consolidated

S.E. Columbus for tutorial program for at-risk youth

Government

$ 20,000

Columbus

Contract for services with Community Health Center

Consolidated

of South Columbus, Inc.

Government

$ 20,000

WEDNESDAY, MARCH 5, 2003

591

Columbus

Contract for services with Men of Action, Inc. for

Consolidated

programs at Farley Homes in Columbus

Government

$ 15,000

Columbus

Athletic field renovations at North Gwinnett High

Consolidated

School in Gwinnett County

Government

$ 20,000

Columbus

Contract with Two Thousand Opportunities Inc. to

Consolidated

provide jobs for at-risk youth and startup businesses in

Government

Columbus

$ 65,000

Columbus

Contract with 100 Black Men of Columbus for youth

Consolidated

mentoring program in the City of Columbus

Government

$ 15,000

Columbus

Contract for services with Project Rebound for

Consolidated

community based intervention program for students

Government

at-risk in Columbus

$ 5,000

Columbus

Recreation grant to assist with recruitment of youth

Consolidated

and student activities for recreation department and

Government

South Commons/FCC, Inc. in Columbus

$ 50,000

Columbus

Provide Welcome Center in Columbus/Muscogee

Consolidated

County

Government

$ 10,000

Columbus

Contract with Kay Community Service Center for a

Consolidated

sheltered workshop in Fort Valley

Government

$ 48,000

County of Emanuel Upgrade rural fire departments in Emanuel County $ 10,000

Coweta County Enhance Coweta County's Adult Literacy Program

Board of Education

$ 10,000

Crawford County Contract with Boys and Girls Club of Peach County

for building improvements in Crawford County

$ 5,000

Crawford County Purchase equipment for volunteer fire department for

Crawford County

$ 6,500

Crawford County Purchase furniture for new Crawford County

Courthouse

$ 15,000

592

JOURNAL OF THE SENATE

Crawford County
Crawford County Commission Crisp/Cordele County IDA
Crisp County Commission Dade County
Decatur County
Decatur County
Decatur County Decatur County
Decatur County
Decatur County Dekalb County
Dekalb County
Dekalb County
Dekalb County

Purchase of ambulance and renovations to EMS headquarters in Crawford County Aid in construction costs for the completion of the Crawford County Courthouse Assist in constructing a monument at the Friends of Georgia Veterans' Memorial State Park in the City of Cordele Renovation of a county building to be used to start classes at Darton College in City of Cordele Construction of Veterans' Memorial Park in Dade County Renovation of building for crime scene processing laboratory in Decatur County Renovation of building for crime scene processing laboratory in Decatur County Purchase fire fighting equipment for Decatur County Purchase pick up truck for the Decatur County Sheriff's Department Deputy Auxiliary Force Construct an additional building for the Fowlstown Fire Department in Decatur County Crime Scene Processing building in Decatur County Contract for services with Green Forest Community Development, Inc. for a Pre-School/Early Childhood Technology Program in DeKalb County Contract for services with Oakhurst Medical Center for a Stroke, Diabetes Education/prevention program in DeKalb County Lighting for Shoal Creek Park on McAfee Drive in DeKalb County Neighborhood Clean/Beautiful Programs for White Oak Hills and Midway Woods Neighborhood Association in DeKalb County

$ 35,000 $ 25,000
$ 50,000 $ 10,000 $ 20,000 $ 10,000 $ 6,000 $ 10,000 $ 10,000 $ 1,000 $ 16,000
$ 30,000
$ 15,000 $ 10,000
$ 2,000

WEDNESDAY, MARCH 5, 2003

593

Dekalb County Fund Delta Life Development Center Programs in

Dekalb County

$ 35,000

Dekalb County Funding for Life Skills for Tomorrow Program in

Dekalb County

$ 50,000

Dekalb County Provide funding for Leadership Academy in Dekalb

County

$ 80,000

Dekalb County Funding for playground for Brookrun Park in Dekalb

County

$ 50,000

DeKalb County Renovation and outdoor lighting for Briarwood

Recreation Center in DeKalb County

$ 10,000

DeKalb County Fill in dangerous ditches and sidewalk construction on

LaVista Road in unincorporated DeKalb County from

Atlanta City line to Citadel Road

$ 20,000

DeKalb County Re-engineer dangerous intersection Briarcliff Road,

Johnson Road and Zonolite Road in DeKalb County $ 10,000

DeKalb County Contract for services with the Push Push Theater of

DeKalb County

$ 10,000

DeKalb County Contract for services with IAM, Inc. for after-school

tutoring/mentoring program in DeKalb County

$ 5,000

DeKalb County Improvements to Rock Chapel Park in DeKalb County $ 8,500

DeKalb County Purchase of art supplies for youth programs for

Conyers/Rockdale Council for the Arts in Rockdale

County

$ 7,000

DeKalb County Restore and protect Burnt Fork Creek and its

watershed in DeKalb County

$ 5,000

DeKalb County Contract for services with Bethel Enterprises, Inc to

provide after school tutoring/mentoring program in

DeKalb/Rockdale County

$ 4,500

DeKalb County Purchase band instruments for students at Stoneview

Board of Education Elementary School in DeKalb County

$ 5,000

DeKalb County Program assistance for Browns Mill Park/DeKalb

Yellow Jacket Football/Cheerleading Programs in

DeKalb County

$ 10,000

594

JOURNAL OF THE SENATE

DeKalb County Contract with Robert Shaw Theme School for summer

Board of Education program in DeKalb County

$ 5,000

DeKalb County Contract for services with the Frazer Center in DeKalb

County

$ 30,000

DeKalb County Building and grounds improvements for Murphey

Candler

$ 5,000

DeKalb County Field renovation for girls softball field at Murphey

Candler Park in DeKalb County

$ 5,000

DeKalb County Contract for services with South DeKalb Improvement

Initiative to staff and supply SLAM Saturday tutorial

sessions

$ 45,000

DeKalb County Purchase library books for Hambrick, Idlewood, Stone

Board of Education Mill, Shadow Rock, Pine Ridge, Redan,Wynnebrooke,

Stephenson Middle, Stephenson High School, Stone

Mt.High School, and Smoke Rise in DeKalb County $ 11,000

DeKalb County Contract for services with the South DeKalb

Improvement Initiative for tutorial programs in

DeKalb County

$ 30,000

DeKalb County Contract for service with South DeKalb Improvement

Initiative for senior adult services in DeKalb County $ 20,000

DeKalb County Library books for Kelly Lake Elementary,

Board of Education Meadowview Elementary, Tilson Elementary,

Gresham Park, Cedar Grove Elementary, Cedar Grove

Middle, Flat Shoals Elementary, Sky Haven Grove

Elementary, Cedar Grove Middle, Flat Shoals

Elementary, Sky Haven Elementary, Leslie J. Steel

Elementary, McNair Middle, McNair High, and Cedar

Grove High in DeKalb County

$ 15,000

DeKalb County Contract with Georgia Community Support and

Solutions for services to emotionally disturbed

children in DeKalb County

$ 44,000

DeKalb County Provide for comprehensive youth service program in

Scottdale Community in DeKalb County

$ 15,000

WEDNESDAY, MARCH 5, 2003

595

DeKalb County Assist PTA honors programs at Snapfinger,

Board of Education Woodridge and Rainbow Elementary Schools in

DeKalb County

$ 2,000

DeKalb County Assist PTA with honors programs at Rowland,

Board of Education Atherton and Canby Lane Elementary Schools in

DeKalb County

$ 1,500

DeKalb County Assist PTA with honors programs at Glen Haven,

Board of Education M.L.King Jr. High School and Salem Middle School

in DeKalb County

$ 1,500

DeKalb County Assist PTA repair and purchase band uniforms and

Board of Education instruments at Southwest DeKalb High in DeKalb

County

$ 6,000

DeKalb County Assist PTA to repair and purchase band uniforms and

Board of Education instruments for Columbia High School in DeKalb

County

$ 6,000

DeKalb County Assist PTA to repair and purchase band uniforms and

Board of Education instruments for Towers High School in DeKalb

County

$ 6,000

DeKalb County Assist PTA organizations with honors programs at

Board of Education Browns Mill, Bob Mathis and Miller Grove

Elementary Schools in DeKalb County

$ 1,500

DeKalb County Contract for services with Black Women's Coalition of

Atlanta for tutorial, education and after-school care

programs in DeKalb County

$ 20,000

DeKalb County Assist PTA organizations with honors programs at

Board of Education Mary McLeod Bethune Middle School and Chapel

Hill Middle School in DeKalb County

$ 1,000

DeKalb County Beautification grants for district homeowners in

DeKalb County

$ 30,000

DeKalb County Contract for services with Wonderland Gardens in

DeKalb County

$ 20,000

DeKalb County Beautification projects at Worthington, Autumn Hills,

Emerald Estates, and Springwood communities in

DeKalb County

$ 4,000

596

JOURNAL OF THE SENATE

DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County DeKalb County DeKalb County DeKalb County DeKalb County DeKalb County DeKalb County DeKalb County DeKalb County
DeKalb County Dodge County

Beautification projects at Pendley Hills, Sherrington,

Spring Valley, and The Crossing communities in

DeKalb County

$ 5,000

Beautification projects at Easterwood, Columbia

Valley, Columbia Crossing, and Glenwood

communities in DeKalb County

$ 6,000

Beautification projects at Glen Mar, Leisure Valley,

Hidden Hills, and Rainbow Creek communities in

DeKalb County

$ 4,000

Beautification projects at Leslie Estates, Sherwood

Oaks, Hunters Hill, and Wyndam Park communities in

DeKalb County

$ 4,000

Arts Station Summer Program in DeKalb County

$ 15,000

Provide a customer service institute for Victory

Outreach Empowerment Program in Dekalb County $ 20,000

Improve Civic Club building in Dekalb County

$ 15,000

Purchase landscaping supplies and gate for Dekalb

County Civic Association

$ 7,200

Provide funding for Dekalb County Computer Literacy

Program

$ 10,000

Funding for KHADIJALAND operating expenses in

Dekalb County

$ 20,000

Purchase athletic equipment for the disabled youth of

Dekalb County

$ 10,000

Construction of playground at BrookRun in DeKalb

County

$ 15,000

Beautification projects for Hidden Hills, Meadows,

Southland, Mountain, Deer Creek, Fontaine, Fontaine

East, and PTA enhancements for Redan, Miller Grove

and Stevenson High School in DeKalb County

$ 10,000

Coalition of Concerned Africans, Inc. in DeKalb

County

$ 5,000

Equipment money for the Plainfield fire department in

Dodge County

$ 3,000

WEDNESDAY, MARCH 5, 2003

597

Dodge County Dodge County Courthouse renovation

$ 5,000

Dodge County Bus driver break room improvement for Dodge

Board of Ed

County Board of Education

$ 3,000

Dooly County

Dooly County Recreation Department for maintenance

and operation

$ 10,000

Dooly County

Replace fire truck for City of Byromville in Dooly

County

$ 30,000

Dougherty County Contract for services with Dougherty County

Community Coalition for senior day care in Dougherty

County

$ 10,000

Dougherty County Contract for services with South Albany Family

Commissioners Enrichment Center to encourage business growth and

development in Dougherty County

$ 5,000

Dougherty County Shelter and feed the homeless at Zion's Outreach

Commissioner Program in Dougherty County

$ 5,000

Douglas County Establish an emergency operations center for new

Douglas County EMA

$ 7,000

Douglas County Thermal Imaging Camera for the Douglas County Fire

Department

$ 10,000

Douglas County Summer remediation program for Douglas County

Board of Education middle school students

$ 10,000

Douglas County Purchase food and other supplies for Douglas County

Food Bank

$ 20,000

Douglas County Purchase equipment for the Douglas County

Board of

Government Access Channel

Commissioners

$ 20,000

Douglas County Improve playground equipment for Eastside

School System Elementary in Douglas County

$ 10,000

Dublin City Board Renovation of bathroom facilities at Shamrock Bowl

of Education

in the City of Dublin

$ 5,000

Dublin City Board Purchase band uniforms for Dublin High School for

of Education

the Dublin City Board of Education

$ 10,000

598

JOURNAL OF THE SENATE

Dublin City Board Purchase band uniforms for Dublin High School in

of Education

City of Dublin

$ 10,000

Dublin/Laurens Lighting for fields for Dublin Laurens County

County Recreation Recreation Authority

Authority

$ 5,000

City of Eastman Funds for the Boys and Girls Club for the City of

Eastman

$ 12,000

Early County

Fund expenses associated with seeking a power

Commission

generating plant for the Economic Development

Authority in Early County

$ 25,000

Eastman/Dodge Construction project for Eastman/Dodge Development

Development

Authority

Authority

$ 25,000

Eatonton City

Funding to further enhance the Alice Walker Street

Council

Project in the City of Eatonton

$ 10,000

Echols County Purchase eleven air pacs for the Echols County

Volunteer Fire Department

$ 15,000

Effingham County Playground equipment for Clyo Community Park in

Effingham County

$ 15,000

Effingham County Furniture for new Ebenezer Middle School in

Board of Education Effingham County

$ 10,000

Effingham County Sand Hill Elementary School playground equipment

Board of Education for disabled in Effingham County

$ 10,000

Effingham County Funding for Veterans' Park in Effingham County

$ 20,000

Effingham County Construction of Veterans' Park in Effingham County $ 10,000

Emanuel County Equipment and supplies for Franklin Memorial

Library in Emanuel County

$ 10,000

Emanuel County Improvements to the Emanuel County Courthouse $ 20,000

Evans County

Enhancements to Industrial Park in Evans County

$ 10,000

Evans County

Provide for industrial park landscaping for Claxton in

Commission

Evans County

$ 10,000

Evans County

Funds to rehabilitate school building for Evans County

Board of Education Board of Education

$ 10,000

WEDNESDAY, MARCH 5, 2003

599

Fannin County
Fannin County
Fannin County Board of Ed. Fannin County Board of Ed. Fayette County
Floyd County
Floyd County
Floyd County
Floyd County
Floyd County
Floyd County
Floyd County Bd. of Education Floyd County Bd. of Education Floyd County Bd. of Education Forsyth County
Forsyth County Franklin County

Provide crew from Union C.I. to maintain park and

clean bank area in Fannin County

$ 25,000

Park amenities to include restrooms and roads to

ballpark in Fannin County

$ 30,000

Purchase educational supplies for West Fannin

Elementary in Fannin County

$ 10,000

Purchase gravel to extend parking for Fannin County

Head Start program

$ 5,000

Funds supporting the Foundation de Manana program

in Fayette County

$ 10,000

Construction of access road to the new Pirelli Plant in

the Floyd County

$ 25,000

Provide driveway accessibility for ASL Archer Co

Plant in Floyd County

$ 20,000

Provide funds for education program at Chieftains

Museum in Floyd County

$ 15,000

Provide language programs to the Latin/Hispanic

population at Floyd College in Floyd County

$ 25,000

Fund expenses and equipment at Camp Good Times in

Floyd County

$ 15,000

Fund video production project at Coosa High School

in Floyd County

$ 10,000

Construct a multi-purpose "Classroom in the Wild"

building at Coosa Middle School in Floyd County

$ 12,500

Outdoor activities project at the Pepperell Middle

Schools in Floyd County

$ 25,000

Construct memorial athletic field for 4th and 5th

graders at Pepperell Elementary in Floyd County

$ 10,000

Renovation of the Forsyth County Chamber of

Commerce

$ 25,000

Funding for school programs in Forsyth County

$ 25,000

Franklin County Recreation Park

$ 15,000

600

JOURNAL OF THE SENATE

Franklin County Paving for Franklin County High School Agriculture

Board of Education Center

$ 10,000

Franklin County Building and equipment for Red Hill, Bold Springs,

Double Churches, Five Acre, Lyons and Sandy Cross

Fire Departments in the Franklin County

$ 20,000

Franklin County Building and equipment for Red Hill, Bold Springs,

Double Churches, Five Acre, Lyons, and Sandy Cross

Fire Department in Franklin County

$ 10,000

Fulton County Construction of an outdoor environmental classroom

at Abbots Hill Elementary School in Fulton County $ 15,000

Fulton County Purchase of computers and software for the Harriett G.

Darnell Multi-purpose facility in Fulton County

$ 25,000

Fulton County Contract for services with Quality Living Services,

Inc. in Fulton County

$ 45,000

Fulton County Funds for "Listen Up", a drug prevention and

education program in Fulton County

$ 25,000

Fulton County Funding for ceiling repair of the Kappa Omega

Foundation facility in the City of Atlanta

$ 60,000

Fulton County Provide computer and research equipment for

Creekside High School in Fulton County

$ 10,000

Fulton County Provide funding for the KidsGym USA program in

Fulton County

$ 25,000

Fulton County Development of an outdoor classroom for Roswell

Board of Education North Elementary School in Fulton County

$ 10,000

Fulton County Outdoor classroom at the Taylor Road Middle School

Board of Education in Fulton County

$ 15,000

Fulton County Contract with Connection, Inc. for victory over

Board of Education violence activities in south Fulton County schools

$ 10,000

Fulton County Create science lab at Findley Oaks Elementary School

Board of Education in Fulton County

$ 15,000

Fulton County Contract with K.I.D.D.S. Dance Project, Inc. in Fulton

Board of Education County

$ 10,000

WEDNESDAY, MARCH 5, 2003

601

Georgia Tech

Funding for a joint policy institute between Georgia

Tech and Morehouse College

$ 75,000

Glascock County Complete renovation of courthouse annex in Glascock

County

$ 10,000

Glynn County

Installation of outdoor lighting for the Animal Control

facility in Brunswick

$ 5,000

Glynn County

Animal Control facility parking lot lighting for Glynn

Board of

County

Commissioners

$ 5,000

Grady County

Construct new cover for Thomas/Grady County

Mental Health Center for handicapped recreational

outdoor pavilion in Grady County

$ 10,000

Grady County

Renovation and improvements to Wayside Community

Center in Grady County

$ 10,000

Grady County

Building construction and equipment purchases for

the Midway Fire Department in Grady County

$ 10,000

Grady County

Funds to enhance tennis courts, add lights and make

Board of Education other improvements to the softball field at the Cairo

High School in Grady County

$ 10,000

Greene County Equipment and display cases at Abram Colby

Decorative Arts Gallery in Greene County

$ 2,000

Greene County Renovation of historic old jail in Greensboro for

museum in Greene County

$ 15,000

Greene County Feasibility study to determine healthcare system

options for Greene, Morgan, Putnam Region

$ 10,000

Greene County Funding for old jail restoration project in Greene

County

$ 10,000

Gwinnett

Provide funds to allow Aurora Theater performances

Community

in elementary schools in Gwinnett County

Foundation

$ 10,000

Gwinnett County Athletic Department stadium project at Grayson High

Board of Education School in Gwinnett County

$ 5,000

602

JOURNAL OF THE SENATE

Gwinnett County Contract for services with Creative Enterprises for

construction of Phase II Expansion of the Day

Habilitation Program in Gwinnett County

$ 25,000

Gwinnett County Renovation of athletic facilities at Duluth High School

Board of Education in Gwinnett County

$ 20,000

Gwinnett County Creative Enterprises

$ 50,000

Gwinnett County Asphalt walking track around playground at Mountain

Park Elementary School in Gwinnett County

$ 20,000

Hall County

Create walking trail in Tadmore Park in Hall County $ 15,000

Hall County Board Playground equipment for White Sulphur Elementary

of Education

School in Hall County

$ 10,000

Hancock Board of Purchase a vehicle and equipment for East Lake

Commissioners Sinclair Fire Department in Hancock County

$ 10,000

Hancock County Funds needed to purchase firefighting equipment and

supplies for Sparta/Hancock County Fire Department $ 10,000

Hancock County Develop hydroponic garden at M.E. Lewis Elementary

Board of Education in Hancock County

$ 4,000

Haralson County Contract services for Family Connections Haralson

County

$ 25,000

Haralson County Contract services for Lamp Program in Haralson

County

$ 25,000

Haralson County Recreation funds for Haralson County Recreation

Department

$ 20,000

Haralson County Fund programs and curriculum for Haralson County

Family Support Programs

$ 7,000

Haralson County Fund programs and curriculum for Haralson County

Family Connection

$ 7,000

Haralson County Purchase athletic equipment for Haralson County High

School

$ 10,000

Hart County

Paving for Hart County Public Safety Training facility $ 10,000

Hart County

Emergency equipment (defibrillator) for Hart County

Fire Department

$ 8,000

Heard County

Recreation department projects for Heard County

$ 15,000

WEDNESDAY, MARCH 5, 2003

603

Heard County

Purchase bullet proof vests for every law enforcement

officer in Heard County Sheriff's Department and City

of Franklin Police Department

$ 20,000

Heard County

Purchase two computer labs at Centralhatchee and

Board of Education Ephesus Elementary Schools in Heard County

$ 15,000

Heart of Georgia Provide youth programs and air show at the Heart of

Airport Authority Georgia Airport Authority

$ 10,000

Henry County

General repair and maintenance of shelter facilities at

A Friend's House in Henry County

$ 10,000

Henry County

Purchase office equipment for Henry County Sheriff's

Board of

Office

Commissioners

$ 7,500

Henry County

Purchase new books for Austin Road Middle School

Board of Education Library in Henry County

$ 5,000

Henry County

Purchase books and other media items for Union

Board of Education Grove High School in Henry County

$ 5,000

Henry County

Purchase books and other media items for Cotton

Board of Education Indian Elementary in Henry County

$ 5,000

Henry County

Purchase equipment for the Health/Physical Education

Board of Education Department at Austin Road Middle School in Henry

County

$ 5,000

Houston County Contract for services with Kid's Journey in Houston

Board of Education County

$ 5,000

Houston County Materials and supplies for the Houston County Library $ 25,000

Houston County Purchase equipment for the Henderson Volunteer Fire

Department in Houston County

$ 25,000

Houston County Contract for services with Family Counseling Control

of Central Georgia in Houston County

$ 15,000

Houston County Purchase piano for the Fine Arts Department at

Board of Education Houston County High School

$ 14,000

Irwin County

Repair to gymnasium in the recreation complex in

Irwin County

$ 10,000

604

JOURNAL OF THE SENATE

Irwin County

Upgrade inventory of books for the Irwin County

Library

$ 10,000

Irwin County

Repair and upkeep of Civil War Memorial located on

courthouse square in the City of Ocilla

$ 5,000

Irwin County Bd. Construction of physical education room for wrestling,

of Education

cheerleading and band activities for the Irwin County

High School

$ 10,000

Jackson County Purchase of equipment for Plainview Fire Department

in Jackson County

$ 15,000

Jackson County Purchase of equipment for the Jackson County

Volunteer Rescue

$ 20,000

Jackson County Construction of homeland security building for the

Jackson County Fire Department

$ 15,000

Jasper County

Lighting for high school baseball/softball fields in

Board of Ed.

Jasper County

$ 35,000

Jeff Davis County Purchase playground equipment for parks in Jeff Davis

Commissioners County

$ 15,000

Jeff Davis County Purchase equipment for food processing facility at

Board of Education Jeff Davis High School in Jeff Davis County

$ 5,000

Jeff Davis County Create film and video library at Hazelhurst/Jeff Davis

County Museum

$ 10,000

Jeff Davis County Assist Jeff Davis County with economic development $ 25,000

Jefferson County Provide funding for tourism for Jefferson County

Economic Development Authority

$ 25,000

Jefferson County Funds to purchase a surplus vehicle for the Jefferson

County Coroner's Office

$ 1,500

Jefferson County Purchase signs for Jefferson County High School and

School System Sandersville Technical College

$ 12,500

Jenkins County Repair to the Jenkins County Library

$ 10,000

Jenkins County Purchase and renovate theater building for Jenkins

County Development Authority

$ 25,000

Jenkins County Complete construction of recreation building for

Millen/Jenkins County Recreation Department

$ 15,000

WEDNESDAY, MARCH 5, 2003

605

Jenkins County Funds to pave Health Department parking lot in

Commission

Jenkins County

$ 5,000

Johnson County Purchase equipment, renovate and repairs at the Senior

Citizen Center in Johnson County

$ 5,000

Johnson County Rural fire department improvements and equipment

purchases in Johnson County

$ 15,000

Johnson County Renovation of recreation complex and purchase

equipment in Johnson County

$ 10,000

Johnson County Renovations to fire stations in Johnson County

Board of

Commissioners

$ 10,000

Johnson County Paving project for the Johnson County Board of

Board of Education Education

$ 25,000

Jones County

Design and develop landscape beautification project at

the Jones County Civic Center

$ 15,000

Jones County

General operation of the Jones County Recreation

Department

$ 25,000

Jones County

Purchase firefighting equipment for fire tank in Jones

County Volunteer Fire Department

$ 5,000

Jones County

Fund new recreation area for City of Haddock

Commission

$ 9,000

Lamar County Lamar County Ag Expo Center

$ 25,000

Lamar County Purchase bullet proof vests for every law enforcement

officer in Lamar County

$ 15,000

Lamar County Crisis response vehicle/mobile command center for

Lamar County Sheriff's Department

$ 40,000

Lanier County Expansion of the Robert Simpson Nature Trail in

Lanier County

$ 10,000

Lanier County Band equipment for the Lanier County Schools

Board of Education

$ 6,000

Laurens County Three automatic entry and exit doors for Dublin

Laurens County Library in Laurens County

$ 5,000

606

JOURNAL OF THE SENATE

Laurens County Purchase sexual abuse screening equipment for

Stepping Stone program in Laurens County

$ 25,000

Laurens County Construction of weight training room for Health

Board of Education Education at West Laurens High School in Laurens

County

$ 10,000

Laurens County Purchase band uniforms for West Laurens High

Board of Education School in Laurens County

$ 10,000

Laurens County Construction of T-Hangars at the airport in Laurens

County

$ 5,000

Laurens County Recreational equipment for Heart of Georgia Psycho

Board of Education Educational Services in Laurens County

$ 5,000

Laurens County Improvements for Cedar Grove Community Center in

Laurens County

$ 10,000

Lee County

Repair old fire station which is being converted to

Redbone Library in Lee County

$ 16,000

Lincoln County Building and equipment for the Loco Volunteer Fire

Department in Lincoln County

$ 10,000

Lincoln County Construction of water line and infrastructure for Boy

Commission

Scout Camp in Lincoln County

$ 25,000

Long County

Fire department equipment to include personal turn out

gear for Long County

$ 30,000

Long County

Purchase new car for the Long County Sheriff's

Department

$ 10,000

Long County

Purchase new Sheriffs Department car in Long County $ 5,000

Long County
Long County Lowndes County
Lowndes County

Purchase protective gear for the volunteer fire department in Long County Provide new computer equipment in Long County Purchase New Book Van for South Georgia Regional Library in Lowndes County Purchase theater equipment for program through Valdosta State University in Lowndes County

$ 8,000 $ 20,000
$ 15,000
$ 10,000

WEDNESDAY, MARCH 5, 2003

607

Lowndes County Construction of the James Belk Youth and Teen

Center at YMCA in Lowndes County

Lumpkin County Funding for homeless shelter in Lumpkin County

Madison County Pave parking lot at Madison County Fire Station

Marion County Funds to replace wood columns on Marion County

Commissioners Courthouse

McIntosh County Purchase seventeen-passenger Ford Econovan for the

Esther Project, Inc. in McIntosh County

Meriwether County Construct a football field for Greenville High School

in Meriwether County

Meriwether County Purchase bullet proof vests for every law enforcement

officer in Meriwether County

Mitchell County Contract for services with Mitchell County Boys and

Girls Club for Smart Moves pregnancy prevention

program

Mitchell County Purchase new fire protection equipment for seven

volunteer fire departments in Mitchell County

Monroe County School building renovations for Community Wellness

Board of Education Center in Monroe County

Monroe County Purchase and install a cardiac monitoring system,

Hospital Authority communications system or other improvements at

Monroe County Hospital

Montgomery

Repair roof of historic building at Montgomery

County

County High School

Montgomery

Repair roof and flooring of the 1929 building for the

County Schools Montgomery County School Board

Montogomery

Purchase of rescue equipment for the Montgomery

County

County Emergency Management Agency

Montogomery

New fence at the Montgomery County Recreation

County

Department

Morgan County Funding for the construction of an Animal Control

Commission

Building for Morgan County

$ 75,000 $ 25,000 $ 5,000 $ 23,834 $ 20,000 $ 75,000 $ 25,000
$ 9,000 $ 21,000 $ 15,000
$ 25,000 $ 10,000 $ 10,000 $ 5,000 $ 5,000 $ 9,000

608

JOURNAL OF THE SENATE

Morgan County Construct a new fire department at Clack's Chapel in

Commission

Morgan County

$ 9,000

Morgan County Purchase tennis court lighting system for Morgan

Board of Education County Board of Education

$ 10,000

Muscogee County Construction of rope bridge site for Raider's Team,

Board of Education Freedom Fighter's Cultural Arts Program in Muscogee

County

$ 15,000

Muscogee County Construct a rope bridge site for competitive preparation

Board of Education of Raider's Team. Freedom Fighters Cultural Art

Program to expand character education program

$ 10,000

Muscogee County Funds for an after-school program for troubled

Schools

students at Baker Middle School in Muscogee County $ 10,000

Muscogee County Beautification project at Carver High School in

School System Muscogee County

$ 10,000

Muscogee County Beautification project at Marshall Middle School in

School System Muscogee County

$ 10,000

Newton County Enhancements to B.C.Crowell Park and ballfield in the

City of Porterdale

$ 5,000

Newton County Construction of tennis courts for Eastside High School

Board of Education in Covington

$ 20,000

Newton County Enhance, purchase and install playground equipment

for West Newton Elementary School in Newton

County

$ 7,500

Newton County Purchase band equipment for Cousins Middle School

Board of Education in City of Covington

$ 10,000

Newton County Fund construction of two softball fields at Old

Board of

Cousins Middle School in Newton County

Commission

$ 8,000

Oconee County Funds for the Fine Arts Department of Oconee High

Board of Education School

$ 5,000

Oglethorpe County Planning and startup funding for Agricultural Center in

Board of Education Oglethorpe County

$ 10,000

Paulding County Funding for museum equipment in Paulding County $ 3,000

WEDNESDAY, MARCH 5, 2003

609

Paulding County Funds for outside lighting and school signs for

Paulding County Board of Education

$ 15,000

Paulding County Purchase recreational equipment for community

centers in Paulding County

$ 16,000

Paulding County Paulding County Family Connection

$ 25,000

Peach County

Purchase Microbus for Peach County 4-H

$ 20,000

Peach County

Replacement of 3 radio repeaters in Peach County

$ 10,000

Peach County

Security gate for Peach County Law Enforcement

Center

$ 6,000

Peach County

Roof repair at 911 Center in Peach County

$ 5,000

Peach County

Assist in reroofing Kay Center for Mentally Retarded

in Peach County

$ 30,000

Pelham City Board Improvements to the agriculture livestock facilities in

of Education

Pelham City public schools

$ 15,000

Perry Downtown Land acquisition and improvements for the Perry

Development

Downtown Development Authority

Authority

$ 100,000

Pierce County

Purchase equipment for Pierce County

$ 2,000

Pierce County

Improvements to Lakeview Community Center in

Pierce County

$ 30,000

Pierce County

Provide funding for the Pierce County Resource

Board of

Center for the Pierce County Board of Commissioners

Commissioners

$ 90,000

Pierce County

Purchase band uniforms for Pierce County Band

Board of Education Boosters

$ 5,000

Polk County

Purchase van for the Polk County Boys and Girls Club $ 20,000

Polk County

Contract for services with Children's Advocacy Group

in Polk County

$ 25,000

Polk County

Provide equipment for the Polk County Fire

Department

$ 40,000

Polk County

Purchase equipment for the Polk County Volunteer

Fire Department

$ 5,000

610

JOURNAL OF THE SENATE

Polk County

Construction of an emergency response facility in Polk

County

$ 120,000

Putnam County New band equipment for the Putnam County High

Board of Education School

$ 8,000

Putnam County Renovation of old jail for office space in Putnam

Commission

County

$ 9,000

Putnam General Medical records retention, storage and retrieval system

Hospital Authority for the Putnam General Hospital in Putnam County $ 20,000

Quitman County Planning, mapping, addressing, and implementation of

an enhanced 911 system in Quitman County

$ 10,000

Rabun County Update computer system at Rabun County Hospital $ 45,000

Rabun County Equipment for the Rabun County Recreation

Department

$ 25,000

Rabun County Purchase equipment for the Arts and Drama

Department at Rabun County High School

$ 15,000

Randolph County Purchase precision air rifles for JROTC program at

Board of Education Randolph/Clay High School in Randolph County

$ 5,000

Randolph County New student information system to replace OSIRS in

Board of Education the Randolph County School System

$ 30,000

Randolph County Fund Star program in Randolph County

Board of Education

$ 12,500

Randolph County Purchase of four intoxilyzers for the Randolph County

Sheriff's Department

$ 2,000

Randolph County Complete final phase of voter/fire protection building

for the rural area of Randolph County

$ 18,000

Randolph County Fund a rural transportation system for Randolph

County

$ 14,000

Richmond County Summer children's programs at Belle-Terrace

Board of Education Community Center and May Park Community Center

in Augusta/Richmond County

$ 5,000

Richmond County Purchase equipment and furnishings for use in the

Board of Education Technical Education Program at Glenn Hills High

School in Richmond County

$ 10,000

WEDNESDAY, MARCH 5, 2003

611

Richmond County Landscaping projects and playground equipment at

Board of Education Terrace Manor Elementary School in Richmond

County

$ 5,000

Richmond County Equipment for Richmond County Marshal's Office $ 15,000

Richmond County Operational expenses for the Augusta Ballet

Commission

$ 25,000

Richmond County Operational funding for Delta House, Lucy Craft Laney

Commission

Museum in Richmond County

$ 25,000

Richmond County Operational funds for National Legacy Foundation in

Commission

Richmond County

$ 25,000

Richmond County Provide funding for the Southeast Burn Foundation in

Richmond County

$ 30,000

Richmond County Funding for the Golden Harvest Food Bank in

Richmond County

$ 10,000

Richmond County Operational expenses for Delta Leadership Training

Commission

Program in Richmond County

$ 30,000

Richmond County Upgrade equipment at Richmond Academy in

Richmond County

$ 25,000

Richmond County Provide lighting and purchase equipment at Master City

Little League in Richmond County

$ 15,000

Richmond County Operational expenses for Southside Tutorial Program in

Commission

Richmond County

$ 20,000

Richmond County Funds for lighting and equipment at West Augusta

Little League in Richmond County

$ 15,000

Richmond County Purchase equipment/uniforms for the Augusta Boxing

Club in Richmond County

$ 15,000

Richmond County Construct a state of the art playground for disabled

Commission

children for The Rachel Longstreet Foundation in the

City of Augusta

$ 25,000

Richmond County Support operation resources at Lucy Laney High

Commission

School in Richmond County

$ 15,000

612

JOURNAL OF THE SENATE

Satilla Regional Contract for services with the Satilla Advocacy

Medical Center Services for the Satilla Regional Medical Center in

Waycross

$ 10,000

Schley County Assist in air-conditioning Schley County Elementary

School

$ 25,000

Screven County Playground equipment for rural communities of

Screven County

$ 10,000

Screven County Design of a new jail for Screven County Sheriff's

Department

$ 10,000

Screven County Fire fighting equipment for Screven County Fire

Department

$ 50,000

Screven County Maintenance and operational cost of the Cooperville

Community House in Screven County

$ 3,000

Screven County Upgrade county fire department equipment in Screven

County

$ 15,000

Seminole County Construct a multi-purpose agri-center livestock pavilion

Board of Education for the Seminole County High School in Seminole

County

$ 10,000

Seminole County Grounds improvement and paving at the Seminole

Commission

County Courthouse

$ 10,000

Seminole County Agriculture Center and Livestock Building for the

Board of Education Seminole County Board Of Education

$ 20,000

Seminole County Fund a multi-purpose building at Seminole County

Middle-High School

$ 25,000

Seminole County Southwest Georgia multi-purpose facility

Board of Education

$ 50,000

Seminole County Construct an equipment and agricultural facility for

Board of Education Seminole County Board of Education

$ 150,000

Stephens County Purchase equipment and software for the Stephens

Commission

County Education Literacy Foundation

$ 10,120

Stephens County Purchase two used vehicles for the Toccoa

Rehabilitation Ind., Inc, in Stephens County

$ 31,600

WEDNESDAY, MARCH 5, 2003

613

Stephens County Purchase office furniture for newly renovated Toccoa

Armory In Stephens County

$ 5,600

Stephens County Create two multi media computer centers for Liberty

Elementary School n Stephens County

$ 16,422

Stephens County Operating funds for the Stephens County Library

Commission

$ 20,000

Stephens County Purchase a 15 passenger van for the Stephens County

4-H program

$ 38,000

Stephens County Purchase of a fire boat and building equipment in

Stephens County

$ 25,000

Stewart County Purchase patrol car for Stewart County

$ 6,000

Talbot County Repair gym floor at Central Elementary/High School

Board of Education in Talbot County

$ 10,000

Taliaferro Board of Purchase patrol car for Taliaferro County Sheriff's

Commissioners Department

$ 13,000

Tattnall Board of Repair and fund improvements to Reidsville Middle

Education

School baseball field in the City of Reidsville

$ 5,000

Tattnall County Contract for services with the East Collins Community

Center for after-school program enhancements in

Tattnall County

$ 10,000

Tattnall County Purchase equipment for the Tattnall County EMA

$ 10,000

Tattnall County Emergency medical equipment to enhance 911 system

for Tattnall County

$ 10,000

Tattnall County Provide funds for architectural support and planning of

Technology Center in Tattnall County

$ 10,000

Tattnall County Match local and state/federal funds to market a farmer

Commissioners initiated program to sell local produce in Tattnall

County

$ 5,000

Taylor County Provide funding for Taylor County GIS Mapping

System and 911 feasibility study

$ 50,000

Telfair County Recreation funding for Telfair County

$ 25,000

Telfair County Athletic facility improvements for Telfair County

Board of Ed.

High School

$ 10,000

614

JOURNAL OF THE SENATE

Telfair County High Terrell County
Terrell County
Thomas County
Thomas County
Tift County
Tift County Commissioners Town of Dexter
Town of Funston
Town of Funston
Town of Ivey
Town of Rebecca Town of Rentz
Town of Sumner
Town Of Shady Dale Towns County

Resurface Telfair County High School tennis courts

$ 7,000

Restore the historic Terrell County Courthouse's 1892

Tower Clock and Tower Room

$ 45,000

Deceleration lane construction and related

infrastructure at conservation resource center in Terrell

County

$ 85,000

Contract for services with Marquerite Neel Williams

Boys and Girls Club in Thomas County

$ 15,000

Resurface driveway and parking area at

Magnolia/Chappelle School in Thomas County

$ 5,000

Purchase computers and pagers for Tift County

Volunteer Fire Department

$ 10,000

Purchase furniture for Tift County Public Library

$ 50,000

Purchase equipment for Town of Dexter Volunteer

Fire Department

$ 5,000

Replace water line on North Manning Street in the

City of Funston

$ 7,500

Assist in replacing water line and fireplugs in Town of

Funston

$ 10,000

Construct a Voluntary Fire Department and precinct

polling place in Town of Ivey in Wilkinson County $ 25,000

Purchase Christmas lighting for the City of Rebecca $ 3,000

Laurens County Ambulance Service satellite station in

the Town of Rentz

$ 6,236

Improvements to Town of Sumner auditorium for civic

and educational purposes

$ 10,000

Building improvements for Town of Shady Dale City

Hall

$ 20,000

Equipment for volunteer fire department in Towns

County

$ 5,000

WEDNESDAY, MARCH 5, 2003

615

Towns County Extend Energy Management System for new

Board of

elementary school, new auditorium and middle

Education

school gym in Towns County

$ 20,000

Treutlen County $2,000 per three Volunteer Fire Departments in

Treutlen County

$ 6,000

Treutlen County Purchase of a patching machine to repair county

maintained roads in Treutlen County

$ 10,000

Treutlen County Purchase vehicle for Treutlen County Senior Center $ 5,000

Treutlen County Purchase patching machine for road repairs in Treutlen

County

$ 20,000

Treutlen County Renovation of the Board of Commissioners office

building in Treutlen County

$ 10,000

Treutlen County Expansion of fire stations to house additional fire

Board of

engine in Treutlen County

Commissioners

$ 20,000

Treutlen County Purchase athletic equipment for the Treutlen County

Board of Education

$ 10,000

Troup County

Development of the Clark Access Recreational Park in

Troup County

$ 50,000

Troup County

Equipment crisis response vehicle with

communication and disaster response equipment for

the Troup County Sheriff's Department

$ 25,000

Troup County

Create summer Driver's Ed Program for Troup County

Board of Education students

$ 25,000

Turner County Repairs, design and renovation of official state symbol

(peanut monument) in Turner County

$ 5,000

Twiggs County Landscaping beautification at Twiggs County

Historical Courthouse

$ 15,000

Twiggs County Upgrade records filing system for the Clerk of

Superior Court Office in Twiggs County

$ 5,000

Union City

Funding for the Keep South Fulton Beautiful program

in Union City

$ 40,000

616

JOURNAL OF THE SENATE

Union City Union County Union County Union County
Union County Upson County Upson County Walker County
Walker County Walker County Walker County Walker County Walker County Board of Education Walton County Walton County

Provide for environmental protection through

education and facilities in Union City

$ 10,000

Design and construct a gymnasium/community center

in Union County

$ 50,000

Funds for a new jail in Union County

$ 30,000

Contract for services with S.A.F.E., Inc.(Support in

Abusive Family Emergencies program) in Union

County

$ 10,000

Equipment for volunteer fire department in Union

County

$ 5,000

Purchase emergency response truck for Upson County

Emergency Management Agency

$ 10,000

Purchase bullet proof vests for every law enforcement

officer in Upson County

$ 25,000

Contract with Children's Advocacy Center to provide

Lookout Mountain Superior Courts child abuse

investigation forensic service

$ 15,000

Renovations to the drivers license facility in Rock

Spring

$ 15,000

Renovations to the Walker County Courthouse in

LaFayette

$ 15,000

Renovation of softball field for Rock Spring Athletic

Association in Walker County

$ 15,000

Purchase land and build memorial park for the families

of the Noble tragedy in Walker County

$ 45,000

Purchase computer technology equipment and JROTC

equipment for LaFayette High School in Walker

County

$ 5,000

Contract for services with Bridge Services, Inc. for

services to at-risk youth in Walton County

$ 15,000

Purchase and install playground equipment at

Matthews Park in north Monroe

$ 5,000

WEDNESDAY, MARCH 5, 2003

617

Walton County Furniture purchase for Loganville Senior Center

Board of

Commissioners

$ 5,000

Walton County Renovation and drainage project on playground at

Board of Education Loganville Elementary School in Walton County

$ 5,000

Ware County

Furnish and renovate the Magnolia House Shelter for

Abused Women and Children in Ware County

$ 5,000

Ware County

Acquire a building for the Thomas O. Zorn #70

Chapter of the Disabled American Veterans in

Waycross

$ 15,000

Ware County

Improvements and additions to the Okefenokee

Heritage Center in Ware County

$ 5,000

Ware County

Purchase equipment for the Dixie Union Volunteer

Fire and Rescue division of the Ware County Fire

Department

$ 5,000

Ware County Bd. Ware County Senior High Band trip to Thanksgiving

of Education

Day in Philadelphia

$ 5,000

Warren County Purchase public safety equipment for Sheriff's

Department and fire personnel in Warren County

$ 15,000

Warren County Purchase fire equipment for Warren County Fire

Department

$ 105,000

Warren County Purchase two surveillance cameras for Warren County

Board of

Sheriffs Department

Commissioners

$ 7,500

Washington County Bathroom improvements for handicapped access for

the Washington County Historical Society

$ 5,000

Washington County Capital improvements for the Washington County

Recreation Department

$ 10,000

Wayne County Equipment for the Wayne County Volunteer Fire

Department

$ 10,000

Wayne County Construction improvements at Ritch voting precinct in

Wayne County

$ 5,000

Wheeler County Equipment for Wheeler County Recreation

Department

$ 5,000

618

JOURNAL OF THE SENATE

Wheeler County
Wheeler County
Wheeler County
Wheeler County Wheeler/Telfair Airport Authority White County White County Whitfield County Government Wilcox County
Wilkes County
Wilkes County
Wilkes County
Wilkinson County
Worth County

Building materials for Springhill Fire Department in Wheeler County Renovations of the Wheeler County Senior Citizens Center Fire fighting equipment for Stuckey Fire Department in Wheeler County Construct a new recreation facility in Wheeler County Planning and development money for Wheeler County/Telfair Airport Authority Refurbish athletic fields in White County Structural repairs to community gym in White County Provide funding for road and bridge enhancements in Whitfield County Purchase tanker truck for Cedar Creek Fire Department in Wilcox County Replace roof on Georgia State Patrol Post in Wilkes County Landscaping at Georgia State Patrol Post in Wilkes County Danburg Volunteer Fire Department building and equipment in Wilkes County Capital expenditures for the Wilkinson County/Gordon/Recreational Complex Improvements and repairs to Gordy and Redrock fire station/voting precinct in Worth County

$ 5,000 $ 4,000 $ 5,000 $ 20,000 $ 5,000 $ 22,000 $ 35,000 $ 10,000 $ 5,000 $ 10,000 $ 3,000 $ 10,000 $ 25,000 $ 15,000

Section 43. Provisions Relative to Section 8, Department of Community Health. There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.

It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 2003 shall not exceed 13.1%.

WEDNESDAY, MARCH 5, 2003

619

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 2003 shall not exceed 13.1%.

Section 44. Provisions Relative to Section 9, Department of Corrections. To authorize the Department of Corrections to proceed with a build-to-suit lease contract for the Dekalb Transitional Center.

Section 45. Provisions Relative to Section 11, State Board of Education Department of Education.
The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,334.03. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 46. Provisions Relative to Section 12, Employees' Retirement System. Funds are provided in this appropriation act for H.B. 227, H.B. 254, H.B. 287, H.B. 931, S.B. 62, H.B. 627, H.B. 666, H.B. 785, and H.B. 557.

Section 47. Provisions Relative to Section 15, Office of the Governor. There is hereby appropriated to the Office of the Governor the sum of $350,000 of the moneys collected in accordance with O.C.G.A. Title 10, Chapter 1, Article 28. The sum of money is appropriated for use by the Office of Consumer Affairs for all the purposes for which such moneys may be appropriated pursuant to Article 28.

Section 48. Provisions Relative to Section 16, Department of Human Resources.

The Department of Human Resources is authorized to calculate all Temporary Assistance

for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need;

such payments shall be made from the date of certification and not from the date of

application; and the following maximum benefits and maximum standards of need shall

apply:

Number in

Standards

Maximum Monthly

Asst. Group

of Need

Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

620

JOURNAL OF THE SENATE

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.
Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.
Provided, that of the above appropriations relative to the treatment of Hemophilia and it's complications, these funds may be used to provide treatment and care to the bleeding disorders community or to purchase insurance to provide this treatment and care, whichever is less.
Section 49. Provisions Relative to Section 20, Department of Labor. Provided, from funds known as Reed Act funds credited to and held in this state's account in the Unemployment Trust Fund by the United States Secretary of the Treasury pursuant to the "Job Creation and Worker Assistance Act of 2002" (P.L. 107-147) and Section 903 (d) of the Social Security Act, as amended, $49,339,507 is designated for administration of the unemployment compensation law and public employment offices, including workforce information service delivery, technology, resources, and equipment to support employment, workforce staff training, studies and reports, buildings, fixtures, furnishings, and supplies. The amount hereby appropriated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, and shall be obligated and expended in accordance with Section 903 (d) (4) of the Social Security Act.
Provided further, that no funds shall be expended until approved by the Office of Planning and Budget.
Section 50. Provisions Relative to Section 22, Merit System of Personnel Administration.
The Department is authorized to assess no more than $147.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.
Section 51. Provisions Relative to Section 24, Department of Natural Resources. Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites

WEDNESDAY, MARCH 5, 2003

621

Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Provided, that of the amount above for contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the "Atlanta Ozone Nonattainment Area" and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation "Atlanta Ozone Nonattainment Area" means the geographic area of the state comprised of Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale Counties.
Section 52. Provisions Relative to Section 30, Department of Revenue. For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $8,000 for the taxable year beginning January 1, 2002.
Section 53. Provisions Relative to Section 31, Secretary of State. There is included in the Real Estate Rentals object class for the Secretary of State funding for a rental agreement with the Development Authority of Clayton County for the Department of Archives and History.
Section 54. Provisions Relative to Section 34, Teachers' Retirement System. It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.24% for S.F.Y. 2003.
Funds are provided in this appropriation act for H.B. 765 and H.B. 955.
Section 55. Provisions Relative to Section 36, Department of Transportation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.

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c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 36 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(1), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Provided, that funding available to the Department of Transportation may be used for right-of-way acquisition for a multi-lane road to connect Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3.
Section 56. In addition to all other appropriations for the State fiscal year ending June 30, 2003, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,578,874 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retardation institutions ($8,458,874) in the Department of Human Resources; and there is hereby

WEDNESDAY, MARCH 5, 2003

623

appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 57. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 58. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.

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Section 59. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 60. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 61. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 62. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 2002 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.

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625

(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 63. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 64. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 65. Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund.

Principal

Amount

A.) Maturities not to exceed two hundred forty months.

Board of Regents, University of Georgia projects:

$ 51,100,000 $

Debt Service
4,445,700

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Construction and equipment for the Coverdell Building

at the University of Georgia - $8,600,000

Major repairs and renovations systemwide - $25,000,000 Various projects for the Georgia Research Alliance - $17,500,000

Department of Technical and Adult Education projects: $ 28,310,000 $ Construction of the Visual Communications building at

North Georgia Tech - $14,750,000

Predesign, design and construction of a specialized

training center in Savannah - $12,700,000

Allied Health building at Southwest Georgia

Technical College - $860,000

Department of Natural Resources projects:

$

Predesign, design, construction and equipment for new

4,225,000 $

building at the Coastal Regional Headquarters

in Brunswick - $2,525,000

Second year funding for restoration of the Hardman

Farm in White County - $ -0-

Acquire inholdings and edgeholdings at existing parks

and historic sites - $1,000,000

Construct a bridge on the south end of Sapelo Island - $ 200,000 Repairs and renovations to North Georgia lodges - $ 500,000 Design of deepening the Brunswick Harbor for the Georgia Ports

Authority - $1,500,000

$ 1,500,000 $

Complete final phase of historic district revitalization plan at the

Jekyll Island Authority

$ 3,000,000 $

Modify sleeping rooms for safety and suicide prevention

for the Department of Juvenile Justice

$ 2,700,000 $

Repairs to the State Capitol Building

$ 2,000,000 $

Board of Regents, University of Georgia projects:

$ 18,400,000 $

Minor capital outlay projects at Armstrong Atlantic ($5,000,000),

2,462,970
367,575
130,500 261,000 234,900 174,000 1,600,800

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627

Georgia State University ($3,500,000), Southern Polytechnic

($5,000,000) and the Medical College of Georgia ($4,900,000)

Redevelop the Biocontainment Research Center at the

University of Georgia

$ 15,000,000 $ 1,305,000

Total Twenty Year Projects (New)

$ 126,235,000 $ 10,982,445

B.) Maturities not to exceed sixty months.

Board of Regents, University of Georgia projects:

$ 4,900,000 $ 1,122,100

Renovations of the old Governor's Mansion at Georgia

College and State University - $4,000,000

Specialized research equipment for approved projects for

the Traditional Industries program - $900,000

Digital conversion of towers and transmitters at the

Georgia Public Telecommunications Commission

$ 32,120,000 $ 7,355,480

Purchase equipment for the following Department of

Technical and Adult Education projects:

$ 22,105,000 $ 5,062,045

Business Technology building at Athens Tech - $650,000

Technology building at Appalachian Tech - $735,000

Allied Health and Information Technology building at

Northwestern Tech - $640,000

Classroom building at Chattahoochee Tech - $2,035,000

Classroom building at Southwest Georgia Tech - $1,175,000

Toccoa/Stephens County North Georgia Tech - $835,000

Campus expansion at Georgia Aviation Tech - $965,000

Telecom building at East Central Tech - $1,000,000

Camden County Campus of Coastal Georgia Tech - $1,670,000

Replace obsolete equipment - $10,000,000

Specialized training center in Savannah - $2,400,000

Facility assessment and capital plan for the Warm Springs $

100,000 $ 22,900

Institute Predesign and design of the convention center at the Jekyll

Island Authority

$

150,000 $ 34,350

Predesign of an allied health facility at East Central

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Technical College Total Five Year Projects (New)

$

100,000 $ 22,900

$ 59,475,000 $ 13,619,775

Section 66. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 2003

$ 16,097,247,526

Section 67. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 68. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

Senators Hooks of the 14th, Starr of the 44th, Meyer von Bremen of the 12th, Thompson of the 33rd and Brown of the 26th offered the following amendment to the Committee Substitute to HB 121:

A BILL TO BE ENTITLED AN ACT

To amend an Act providing appropriations for the State Fiscal Year 2002-2003 known as the "General Appropriations Act", approved May 13, 2002 (Ga. L. 2002, p. 673), so as to change certain appropriations for the State Fiscal Year 2002-2003; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 2002-2003, as amended, known as the "General Appropriations Act" approved May 13, 2002 (Ga. L. 2002, p. 673), is further amended by striking everything following the enacting clause through Section 68, and by substituting in lieu thereof the following:

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629

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2002, and ending June 30, 2003, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $13,834,000,000 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2003.
PART I. LEGISLATIVE BRANCH

Section 1. General Assembly. State Funds Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses Travel - Staff Travel - Elected Officials Capital Outlay Per Diem Differential Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees - Staff Contracts - Staff Per Diem and Fees - Elected Officials Contracts - Elected Officials Photography Expense Reimbursement Account Austerity Adjustments

$35,277,560 $ 18,754,805 $ 5,766,807 $ 2,734,434 $ 135,000 $ 3,500 $0 $0 $ 786,500 $ 232,200 $ 7,500 $ 698,000 $ 110,303 $ 85,000 $ 3,376,511 $ 830,000 $ 105,000 $ 1,652,000 $0

Total Funds Budgeted State Funds Budgeted Senate Functional Budgets
Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

Total Funds $ 6,276,458 $ 1,117,337 $ 1,447,349 $ 8,841,144

$35,277,560 $35,277,560
State Funds $ 6,276,458 $ 1,117,337 $ 1,447,349 $ 8,841,144

House Functional Budgets House of Representatives and Research Office

Total Funds $ 13,588,699

State Funds $ 13,588,699

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JOURNAL OF THE SENATE

Speaker of the House's Office Clerk of the House's Office Total
Joint Functional Budgets
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total
Functional Budget
Austerity Adjustments

$ 467,448 $ 1,669,110 $ 15,725,257
Total Funds $ 3,186,819 $ 2,395,350 $ 1,237,118 $ 3,449,900 $ 441,972 $ 10,711,159
Total Funds $0

$ 467,448 $ 1,669,110 $ 15,725,257
State Funds $ 3,186,819 $ 2,395,350 $ 1,237,118 $ 3,449,900 $ 441,972 $ 10,711,159
State Funds $0

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The

WEDNESDAY, MARCH 5, 2003

631

Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

$ 30,302,276 $ 24,867,476 $ 838,600 $ 500,000 $0 $ 192,390 $ 1,113,575 $ 203,000 $0 $ 2,228,000 $ 359,235 $0 $ 30,302,276 $ 30,302,276

PART II JUDICIAL BRANCH

Section 3. Judicial Branch. State Funds Personal Services Other Operating Prosecuting Attorney's Council Judicial Administrative Districts Payment to Council of Superior Court Clerks Payment to Resource Center Computerized Information Network Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Judicial Branch Functional Budgets
Supreme Court

Total Funds $ 8,867,690

$139,444,691 $ 17,386,921 $117,495,274 $ 4,191,771 $ 1,939,121 $ 48,500 $ 800,000 $ 628,375 $0 $142,489,962 $139,444,691
State Funds $ 7,547,324

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Court of Appeals Superior Court - Judges Superior Court - District Attorneys Juvenile Court Institute of Continuing Judicial Education Judicial Council Judicial Qualifications Commission Indigent Defense Council Georgia Courts Automation Commission Georgia Office Of Dispute Resolution Total

$ 11,667,428 $ 49,224,653 $ 45,631,799 $ 1,424,336 $ 1,234,973 $ 14,432,702 $ 268,279 $ 7,682,177 $ 1,700,368 $ 355,557 $ 142,489,962

Section 4. Department of Administrative Services. A. Budget Unit: State Funds - Department of Administrative Services Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Rents and Maintenance Expense Utilities Payments to DOAS Fiscal Administration Direct Payments to Georgia Building Authority for Capital Outlay Direct Payments to Georgia Building Authority for Operations Telephone Billings Radio Billings Materials for Resale Public Safety Officers Indemnity Fund Health Planning Review Board Operations Payments to Aviation Hall of Fame Payments to Golf Hall of Fame Alternative Fuels Grant State Self Insurance Fund Payments to Georgia Technology Authority Removal of Hazardous Waste Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

$ 11,571,428 $ 49,224,653 $ 44,087,894 $ 1,424,336 $ 1,234,973 $ 14,347,702 $ 268,279 $ 7,682,177 $ 1,700,368 $ 355,557 $139,444,691
$40,648,727 $ 18,978,286 $ 4,839,418 $ 288,341 $ 20,418 $ 150,042 $ 3,354,953 $ 1,166,069 $ 486,786 $ 736,181 $ 345,435 $0 $0 $0 $ 2,350,000 $ 1,532,156 $0 $0 $ 6,014,012 $ 445,222 $ 33,950 $ 47,045 $ 72,750 $ 398,247 $0 $ 22,026,003 $ 98,000 $ (1,359,070) $62,024,244 $40,648,727

WEDNESDAY, MARCH 5, 2003

Departmental Functional Budgets
Administration Support Services Statewide Business Risk Management Executive Administration Governor's Small Business Center State Properties Commission Office of the Treasury State Office of Administrative Hearings Austerity Adjustments Total

Total Funds $ 31,942,809 $ 13,992,244 $ 3,473,850 $ 3,439,857 $ 1,502,397 $ 1,056,867 $ 653,647 $ 2,663,928 $ 4,657,715 $ (1,359,070) $62,024,244

B. Budget Unit: State Funds - Georgia Building Authority

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Capital Outlay

Utilities

Facilities Renovations and Repairs

Payments to Department of Public Safety

Building Access Control

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Executive Division

$ 5,270,251

Facilities Operations

$ 27,567,904

Property Resources

$ 4,956,006

Internal Operations

$ 2,141,473

Transportation

$ 2,349,766

External Operations

$ 4,224,941

Total

633
State Funds $ 28,971,658 $ 1,239,714 $ 3,444,480 $ 445,222 $ 1,467,986 $ 1,044,170 $ 653,647 $ 387,129 $ 4,353,791 $ (1,359,070) $40,648,727
$0 $ 15,548,326 $ 8,489,556 $ 11,843 $ 200,000 $ 63,835 $ 322,000 $ 15,071 $ 261,916 $ 681,124 $ 1,050,360 $ 5,508,583 $ 8,096,639 $ 1,439,409 $ 3,151,435 $ 1,670,244 $ 46,510,341 $0
State Funds $0 $0 $0 $0 $0 $0 $ 46,510,341 $0

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C. Budget Unit: State Funds - Georgia Technology Authority Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Rents and Maintenance Expense Telephone Billings Radio Billings Materials for Resale Transfers to GIS Clearinghouse Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

$0 $ 56,046,961 $ 5,370,000 $ 640,000 $0 $ 468,425 $ 25,712,369 $ 4,117,263 $ 6,000 $ 18,307,086 $ 3,249,000 $0 $ 85,323,000 $ 501,019 $ 1,901,830 $0 $ (474,763) $201,168,190 $0

Section 5. Department of Agriculture. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary Laboratories Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas,
Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe Veterinary Fees Indemnities Advertising Contract Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets Capital Outlay Contract - Federation of Southern Cooperatives

$ 40,039,095 $ 34,588,740 $ 4,344,894 $ 1,069,428 $ 276,255 $ 462,082 $ 664,341 $ 1,208,440 $ 398,176 $ 33,500 $ 1,752,401 $ 1,138,240 $ 3,474,078
$ 2,918,351 $ 142,000 $ 10,000 $ 425,000
$ 653,000 $0 $ 40,000

WEDNESDAY, MARCH 5, 2003

Boll Weevil Eradication Program Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Austerity Adjustments Total

Total Funds $ 9,082,293 $ 15,789,496 $ 7,993,766 $ 8,096,851 $0 $ 11,833,730 $ 802,790 $ (909,812) $52,689,114

Section 6. Department of Banking and Finance. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

Section 7. Department of Community Affairs. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges

635
$0 $ (909,812) $52,689,114 $40,039,095
State Funds $ 7,603,119 $ 12,782,361 $ 4,243,766 $ 7,784,851 $0 $ 8,534,810 $0 $ (909,812) $40,039,095
$10,781,724 $ 9,496,764 $ 284,269 $ 331,853 $ 16,500 $ 2,347 $ 196,978 $ 542,079 $ 124,341 $ 10,435 $0 $ (223,842) $10,781,724 $10,781,724
$46,375,116 $ 23,106,385 $ 1,979,687 $ 611,739 $0 $ 166,022 $ 1,488,569 $ 980,976 $ 714,692 $ 573,436

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Telecommunications

Capital Felony Expense

Contracts for Regional Planning and Development

Local Assistance Grants

Appalachian Regional Commission Assessment

HUD-Community Development Block Pass thru Grants

Payment to Georgia Environmental Facilities Authority

Community Service Grants

Home Program

ARC-Revolving Loan Fund

Local Development Fund

Payment to State Housing Trust Fund

Payments to Sports Hall of Fame

Regional Economic Business Assistance Grants - GHFA

EZ/EC Administration

EZ/EC Grants

Regional Economic Development Grants

Contracts for Homeless Assistance

HUD Section 8 Rental Assistance

Georgia Regional Transportation Authority

GHFA - Georgia Cities Foundation

Georgia Leadership Unfrastructure Investment Fund

Quality Growth Program

Austerity Adjustments

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Executive Division

$ 17,416,869

Planning and Environmental Management Division $ 4,428,782

Business and Financial Assistance Division

$ 37,408,501

Housing Finance Division

$ 9,010,683

Finance Division

$ 7,855,448

Administrative and Computer Support Division

$ 2,368,029

Georgia Music Hall of Fame Division

$ 1,303,148

Community Services Division

$ 66,743,084

Rural Development Division

$ 5,360,516

One Georgia

$ 239,902

Austerity Adjustments

$ (225,044)

Total

$151,909,918

Section 8. Department of Community Health. A. Budget Unit: State Funds - Medicaid Services

$ 536,967 $0 $ 1,921,288 $ 16,566,510 $ 152,750 $ 30,000,000 $ 265,000 $ 5,000,000 $ 2,947,155 $0 $ 238,162 $ 3,056,375 $ 800,414 $ 2,880,000 $0 $0 $ 705,094 $ 1,250,000 $ 50,000,000 $ 4,498,741 $ 1,000,000 $ 495,000 $ 200,000 $ (225,044) $151,909,918 $ 46,375,116
State Funds $ 17,164,834 $ 4,200,706 $ 5,755,143 $ 2,941,752 $ 6,201,448 $ 629,176 $ 804,816 $ 3,541,769 $ 5,360,516 $0 $ (225,044) $46,375,116
$ 1,681,722,410

WEDNESDAY, MARCH 5, 2003

637

Tobacco Funds

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Medicaid Benefits, Penalties and Disallowances

Audit Contracts

Special Purpose Contracts

Purchase of Service Contracts

Grant in Aid to Counties

Health Insurance Payments

Medical Fair

Loan Repayment Program

Medical Scholarships

Capitation Contracts for Family Practice Residency

Residency Capitation Grants

Student Preceptorships

Medical Student Capitation

Mercer School of Medicine Grant

Morehouse School of Medicine Grant

SREB Payments

Pediatric Residency Capitation

Preventive Medicine Capitation

Austerity Adjustments

Total Funds Budgeted

Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Commissioner's Office

$ 880,738

Community Affairs

$ 361,222

Medicaid Benefits, Penalties and Disallowances $ 5,172,256,289

Medical Assistance Plans

$ 109,545,074

Managed Care and Quality

$ 3,829,906

Information Technology

$ 99,215,125

General Counsel

$ 7,806,019

Operations

$ 6,430,480

$ 18,116,681 $ 33,528,994 $ 8,676,868 $ 388,883 $0 $ 75,136 $ 88,551,040 $ 1,743,338 $ 965,696 $ 1,869,021 $ 412,905,707 $ 5,172,256,289 $ 1,097,500 $ 16,757 $ 183,244 $ 809,076 $ 975,000,000 $ 66,000 $ 375,000 $ 748,000 $ 4,012,890 $ 2,136,719 $0 $ 3,772,911 $ 19,099,687 $ 8,140,630 $ 445,900 $ 460,013 $ 116,400 $ (1,683,964) $6,735,757,735 $ 18,116,681 $1,681,722,410
State Funds $ 559,000 $ 180,611 $1,614,769,566 $ 10,233,202 $ 1,913,309 $ 16,166,288 $ 3,740,402 $ 2,420,652

638

JOURNAL OF THE SENATE

Financial Planning and Fiscal Policy Minority Health Women's Health Rural Health State Health Benefit Plan Public Employee Health Claims Georgia Board for Physician Workforce State Medical Education Board Composite Board of Medical Examiners Austerity Adjustments Total

$ 6,266,601 $ 3,882,150 $ 692,556 $ 489,205 $ 3,312,332 $ 304,991,665 $ 975,000,000 $ 38,681,563 $ 1,419,696 $ 2,381,078 $ (1,683,964) $6,735,757,735

B. Budget Unit: State Funds - Indigent Trust Fund Per Diem and Fees Contracts Benefits
Total Funds Budgeted Indigent Trust Fund Budgeted

C. Budget Unit: State Funds - PeachCare for Kids Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts PeachCare Benefits, Penalties and Disallowances Austerity Adjustments
Total Funds Budgeted Tobacco Funds Budgeted State Funds Budgeted

$ 2,733,587 $ 2,464,198 $ 473,337 $ 471,231 $ 2,915,335 $0 $0 $ 38,681,563 $ 1,419,696 $ 2,381,078 $ (1,683,964) $1,699,839,091
$148,828,880 $0 $8,200,000 $360,067,504 $368,267,504 $148,828,880
$ 61,073,226 $ 4,970,705 $ 373,107 $ 165,254 $ 45,000 $0 $ 1,155 $ 205,000 $0 $ 12,350 $0 $ 8,713,020 $ 222,013,028 $ (49,478) $ 231,478,436 $ 4,970,705 $ 61,073,226

Section 9. Department of Corrections. State Funds - Administration, Institutions and Probation Personal Services Regular Operating Expenses

$ 927,037,519 $ 579,750,424 $ 64,348,416

WEDNESDAY, MARCH 5, 2003

639

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Capital Outlay

Utilities

Court Costs

County Subsidy

County Subsidy for Jails

County Workcamp Construction Grants

Central Repair Fund

Payments to Central State Hospital for Meals

Payments to Central State Hospital for Utilities

Payments to Public Safety for Meals

Inmate Release Fund

Health Services Purchases

University of Georgia - College of Veterinary Medicine Contracts

Minor Construction Fund

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Funding

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Executive Operations

$ 31,246,133

Administration

$ 35,297,197

Human Resources

$ 8,812,294

Field Probation

$ 88,425,039

Facilities

$ 654,051,228

Programs

$ 146,523,874

Austerity Adjustments

$ (8,277,654)

Total

$ 956,078,111

Section 10. Department of Defense. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 2,026,884 $ 1,151,532 $ 3,628,659 $ 6,232,636 $ 7,504,319 $ 7,865,219 $ 39,000 $ 81,895,534 $0 $ 25,874,042 $ 1,300,000 $ 36,737,700 $ 8,621,740 $0 $ 893,624 $ 4,268,025 $ 1,627,150 $ 577,160 $ 1,345,000 $ 127,465,757 $ 449,944 $ 753,000 $ (8,277,654) $ 956,078,111 $ 450,000 $ 927,037,519
State Funds $ 30,796,133 $ 35,297,197 $ 8,812,294 $ 84,182,792 $638,167,092 $138,059,665 $ (8,277,654) $ 927,037,519
$ 8,146,887 $ 18,022,071 $ 23,807,148 $ 90,875 $0

640

JOURNAL OF THE SENATE

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Capital Leases Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Austerity Adjustments Total

Total Funds $ 2,866,951 $ 7,582,167 $ 34,634,209 $ (171,137) $ 44,912,190

$ 52,800 $ 123,625 $ 44,010 $ 1,009,973 $ 1,341,895 $ 244,000 $ 337,000 $ 9,930 $ (171,137) $ 44,912,190 $ 8,146,887
State Funds $ 2,480,168 $ 932,779 $ 4,905,077 $ (171,137) $ 8,146,887

Section 11. State Board of Education A. Budget Unit: State Funds - Department of Education Tobacco Funds Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education

$5,999,660,570 $ 30,000,000
$ 42,599,551 $ 5,806,216 $ 1,336,330 $0 $ 272,631 $ 1,148,443 $ 4,083,501 $ 46,406,143 $ 9,828,493 $ 915,783 $ 772,896 $ 30,569,700
$ 1,670,110,038 $ 1,518,329,279 $ 731,751,267 $ 59,173,375 $ 67,252,978 $ 184,842,312 $ 720,668,663

WEDNESDAY, MARCH 5, 2003

641

Gifted Remedial Education Additional Instruction Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Five Mill Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants Special Education Low - Incidence Grants Non-QBE Grants: Next Generation School Grants Youth Apprenticeship Grants High School Program Payment of Federal Funds to Board of Technical and Adult Education Vocational Research and Curriculum Title I-A Improving Basic Programs - LEA's Title I-B Even Start Instructional Services for the Handicapped Retirement (H.B. 272 and H.B. 1321) Title VI-A State Assessment Programs Tuition for the Multi-Handicapped PSAT School Lunch (Federal) Joint Evening Programs Education of Homeless Children/Youth Pay for Performance Pre-School Handicapped Program Mentor Teachers Environmental Science Grants Advanced Placement Exams Serve America Program Title IV-A1, Safe and Drug Free Schools School Lunch (State) Charter Schools Refugee School Impact Title V, Innovative Programs State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired Teachers

$ 160,116,639 $ 23,823,728 $ 47,746,071 $ 29,837,332 $ 144,071,393 $ 888,891,079 $ 164,823,928 $(1,101,591,195) $ 118,060,632 $0
$ 272,546,104 $ 6,352,443 $ 826,722
$ 860,000 $ 4,209,800 $ 56,305,453 $ 16,909,425 $ 112,907 $ 309,883,868 $ 7,021,675 $ 191,495,397 $ 5,508,750 $0 $ 1,813,433 $ 733,805 $ 188,375,722 $ 259,313 $ 1,546,542 $ 7,719,000 $ 22,207,231 $ 1,212,500 $ 97,000 $ 2,808,000 $ 150,000 $ 10,567,629 $ 37,934,355 $ 8,908,679 $ 639,390 $ 9,389,202 $0 $ 107,826,070

642

JOURNAL OF THE SENATE

Innovative Programs

Title II Math/Science Grant (Federal)

Migrant Education (State)

Regional Education Service Agencies

Severely Emotionally Disturbed

Georgia Learning Resources System

Special Education at State Institutions

Byrd Honor Scholarships

Title 1-F, Comprehensive School Reform

Character Education

National Teacher Certification

Health Insurance Adjustment

Principal Supplements

Class Size Reduction

Grants For School Nurses

Reading Programs

Student Testing

Internet Access

School Improvement Teams

Communities in Schools

Georgia Learning Connection

Knowledge is Power Program

Postsecondary Options

Title I-C Migrant Education (Federal)

Title I-D Neglected and Delinquent

Title II-A Improving Teacher Quality

Title II-D Enhancing Education Thru Technology

Title III-A English Language

Title IV-B 21st Century Communication

Title VI-B Rural and Low-Income

Temporary QBE Reduction

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Services Funding

Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

State Administration

$ 14,901,433

Student Learning and Achievement

$ 28,881,475

Governor's Honors Program

$ 1,448,768

Quality and School Support

$ 8,768,406

Federal Programs

$ 11,204,057

$0 $0 $ 274,395 $ 11,903,088 $ 66,619,874 $ 4,986,505 $ 3,895,955 $ 1,188,000 $ 8,478,748 $ 250,000 $ 2,398,337 $0 $ 6,925,330 $0 $ 30,000,000 $ 77,360,892 $ 13,836,059 $ 4,011,690 $ 20,909,228 $ 1,507,086 $0 $ 582,000 $ 4,015,000 $ 8,626,018 $ 2,000,255 $ 72,520,695 $ 17,764,034 $ 6,786,358 $ 8,691,764 $ 6,941,585 $ (131,536,534) $ (18,378,955) $7,078,425,028 $0 $ 30,000,000 $5,999,660,570
State Funds $ 12,871,838 $ 10,478,340 $ 1,371,179 $ 3,294,939 $ 246,877

WEDNESDAY, MARCH 5, 2003

643

Technology Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Austerity Adjustments Total

$ 18,231,017 $ 6,994,316,072 $ 6,203,855 $ 5,990,908 $ 6,857,992 $ (18,378,955) $ 7,078,425,028

$ 12,752,682 $ 5,988,999,165 $ 5,940,337 $ 5,564,437 $ 6,519,731 $ (18,378,955) $ 6,029,660,570

B. Budget Unit: Lottery for Education

$0

Computers in the Classroom

$0

Distance Learning - Satellite Dishes

$0

Post Secondary Options

$0

Educational Technology Centers

$0

Assistive Technology

$0

Applied Technology Labs

$0

Financial and Management Equipment

$0

Alternative Programs

$0

Fort Discovery National Science Center

$0

Capital Outlay

$0

Learning Logic Sites

$0

Student Information System

$0

Total Funds Budgeted

$0

Lottery Funds Budgeted

$0

C. Budget Unit: Office of School Readiness Pre-Kindergarten Grants Pre-Kindergarten - Personal Services Pre-Kindergarten - Operations Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay Federal Programs Standards of Care Austerity Adjustments

$ 1,275,576 $245,057,987 $ 1,923,676 $ 5,659,478 $ 1,196,944 $ 36,500 $ 50,000 $0 $0 $0 $ 5,000 $0 $ 3,000 $ 11,000 $0 $0 $ 75,495,529 $ 424,000 $ (26,868)

644

JOURNAL OF THE SENATE

Total Funds Budgeted Lottery Funds Budgeted State Funds Budgeted

Section 12. Employees' Retirement System. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Benefits to Retirees Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

Section 13. Forestry Commission. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Ware County Grant Ware County Grant for Southern Forest World Ware County Grant for Road Maintenance Capital Outlay Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Reforestation

Total Funds $ 2,045,695

$329,836,246 $252,641,141 $1,275,576
$ 617,000 $ 3,697,923 $ 654,200 $ 29,000 $0 $ 12,450 $ 1,269,708 $ 345,740 $ 82,002 $ 973,600 $ 2,526,000 $ 617,000 $0 $ 10,207,623 $ 617,000
$ 35,460,912 $ 31,626,657 $ 5,956,344 $ 140,671 $ 1,042,852 $ 1,662,651 $ 357,000 $ 11,518 $ 993,627 $ 9,500 $ 574,260 $ 60,000 $ 28,500 $0 $0 $ (746,546) $ 41,717,034 $ 35,460,912
State Funds $ 13,839

WEDNESDAY, MARCH 5, 2003

Field Services General Administration and Support Austerity Adjustments Total

$ 36,280,330 $ 4,137,555 $ (746,546) $41,717,034

Section 14. Georgia Bureau of Investigation. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Evidence Purchased Capital Outlay Crime Victims Assistance Program Criminal Justice Grants Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Administration Investigative Georgia Crime Information Center Forensic Sciences Criminal Justice Coordinating Council Austerity Adjustments Total

Total Funds $ 6,206,154 $ 31,715,820 $ 12,427,096 $ 20,381,885 $ 41,039,049 $ (1,329,748) $ 110,440,256

645
$ 32,224,219 $ 3,969,400 $ (746,546) $ 35,460,912
$ 63,163,029 $ 53,441,683 $ 7,329,427 $ 658,217 $ 754,897 $ 992,736 $ 2,578,794 $ 1,202,095 $ 1,409,626 $ 2,676,103 $ 2,596,885 $ 378,908 $0 $ 2,500,124 $ 35,250,509 $ (1,329,748) $110,440,256 $63,163,029
State Funds $ 6,163,729 $ 28,104,779 $ 10,302,777 $ 19,563,866 $ 357,626 $ (1,329,748) $ 63,163,029

Section 15. Office of the Governor. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

$ 51,809,818 $ 22,464,573 $ 1,565,196 $ 373,367 $ 3,300 $ 88,627 $ 526,467

646

JOURNAL OF THE SENATE

Real Estate Rentals Telecommunications Per Diem and Fees Contracts Cost of Operations Mansion Allowance Governor's Emergency Fund Intern Program Expenses Art Grants of State Funds Art Grants of Non-State Funds Humanities Grant - State Funds Art Acquisitions - State Funds Children and Youth Grants Juvenile Justice Grants Georgia Crime Victims Assistance Program Grants to Local Systems Grants - Local EMA Grants - Other Grants - Civil Air Patrol Criminal Justice Grants Troops to Teachers Flood - Contingency Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Governor's Office Office of Equal Opportunity Office of Planning and Budget Council for the Arts Office of Consumer Affairs Child Advocate Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency Education Accountability Total

Total Funds $ 16,181,397 $ 1,103,885 $ 11,332,266 $ 5,187,583 $ 4,791,108 $ 752,822 $ 465,896 $ 8,876,282 $ 6,981,650 $ 2,498,174 $58,171,063

$ 1,298,527 $ 829,326 $ 2,126,691 $ 7,810,633 $ 4,498,923 $ 40,000 $ 11,464,481 $ 358,595 $ 3,860,577 $ 274,194 $ 174,256 $0 $0 $0 $0 $ 362,217 $ 816,714 $0 $ 57,000 $0 $ 111,930 $0 $ (934,531) $ 58,171,063 $ 51,809,818
State Funds $ 16,181,397 $ 800,914 $ 11,332,266 $ 4,478,490 $ 4,223,419 $ 752,822 $ 465,896 $ 8,764,352 $ 2,378,088 $ 2,432,174 $ 51,809,818

Section 16. Department of Human Resources. State Funds Tobacco Funds 1. General Administration and Support Budget:

$1,397,402,253 $ 47,748,385

WEDNESDAY, MARCH 5, 2003

647

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Major Maintenance and Construction Postage Payments to DCH-Medicaid Benefits Grants to County DFCS - Operations Brain and Spinal Trust Fund Benefits Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted Departmental Functional Budgets

Total Funds

Commissioner's Office

$ 1,242,371

Office of Planning and Budget Services

$ 4,188,404

Office of Adoptions

$ 9,825,478

Children's Community Based Initiative

$ 10,181,847

Human Resources and Organization Development $ 1,341,620

Computer Services

$ 74,885,283

Technology and Support

$ 18,104,815

Facilities Management

$ 8,881,897

Regulatory Services - Program Direction and Support $ 895,393

Child Care Licensing

$ 3,789,439

Health Care Facilities Regulation

$ 12,397,970

Office of Investigation

$ 6,687,482

Office of Financial Services

$ 10,327,734

Office of Audits

$ 2,772,959

Human Resource Management

$ 6,785,687

Transportation Services

$ 20,180,571

Office of Facilities and Support Services

$ 18,709,662

$ 122,012,285 $ 5,756,380 $ 2,703,368 $0 $ 462,147 $ 10,584,263 $ 5,537,496 $ 39,876,746 $ 59,674,696 $ 16,862,994 $ 125,000 $0 $ 86,469,732 $ 163,451 $ 2,095,936 $ 33,961,019 $ 1,555,000 $ 850,000 $ (1,818,958) $ 386,871,555 $0 $ 8,278,248 $ 189,257,316
State Funds $ 1,242,371 $ 4,159,888 $ 6,328,614 $ 9,906,847 $ 1,341,620 $ 37,122,611 $ 13,678,351 $ 6,704,114 $ 620,880 $ 3,686,570 $ 6,067,305 $ 1,920,957 $ 5,938,024 $ 2,772,959 $ 6,785,687 $ 3,012,188 $ 18,709,662

648

JOURNAL OF THE SENATE

Indirect Cost

$0

Policy and Government Services

$ 1,334,534

Aging Services

$ 94,125,737

DDSA Council

$ 1,608,994

Brain and Spinal Trust Fund Benefits

$ 1,000,000

Office of Child Support Enforcement

$ 79,422,636

Austerity Adjustments

$ (1,818,958)

Total

$ 386,871,555

2. Public Health Budget:

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Real Estate Rentals

Per Diem and Fees

Contracts

Computer Charges

Telecommunications

Special Purpose Contracts

Purchase of Service Contracts

Grant-In-Aid to Counties

Postage

Medical Benefits

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Services Funding

Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children Nutrition Grant in Aid to Counties Children's Medical Services

Total Funds $ 13,634,848 $ 5,392,983 $ 2,903,473 $ 2,196,041 $ 7,609,805 $ 5,385,227 $ 3,289,533 $ 11,820,479 $ 85,325,463 $ 71,095,447 $ 13,303,079

$ (16,207,310) $ 1,334,534 $ 63,578,843 $ 31,498 $ 1,000,000 $ 19,618,309 $ (1,818,958) $ 197,535,564
$ 57,141,277 $ 77,667,787 $ 949,967 $0 $ 195,367 $ 1,509,862 $ 1,181,649 $ 10,772,863 $0 $ 1,137,699 $ 292,000 $ 28,820,194 $159,782,176 $ 196,680 $ 6,138,072 $ (1,407,096) $344,378,497 $0 $ 25,873,781 $170,025,002
State Funds $ 13,477,280 $ 2,415,625 $ 2,578,298 $ 985,179 $ 6,842,986 $ 5,385,227 $ 1,013,946 $ 4,948,295 $0 $ 70,108,896 $ 6,473,767

WEDNESDAY, MARCH 5, 2003

649

Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Vital Records Health Services Research Environmental Health Laboratory Services Community Health Management AIDS Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Injury Control Smoking Prevention and Cessation Public Health - Division Indirect Cost Austerity Adjustments Total 3. Family and Children Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts

$ 3,676,641 $ 593,232 $ 4,112,209 $ 1,702,964 $ 5,909,784 $ 2,272,913 $ 988,516 $ 2,811,535 $ 1,660,083 $0 $ 8,286,968 $ 3,091,866 $ 2,264,558 $ 856,370 $ 2,140,668 $ 8,124,485 $ 300,276 $ 22,094,510 $ 12,152,398 $ 12,520,466 $ 78,467 $ 13,074,928 $ 355,988 $ 14,759,390 $0 $ (1,407,096) $ 344,378,497

$ 2,233,293 $ 477,088 $ 3,702,969 $0 $ 4,310,823 $ 1,416,761 $ 766,655 $ 1,143,976 $ 1,660,083 $0 $ 8,286,968 $ 2,813,800 $ 1,983,776 $ 856,370 $ 1,609,193 $ 7,854,485 $ 300,276 $ 15,232,793 $ 4,079,320 $ 2,825,905 $ 60,970 $ 10,482,402 $ 243,983 $ 14,759,390 $ (4,024,899) $ (1,407,096) $195,898,783

$ 14,445,243 $ 3,414,939 $ 1,297,817 $0 $ 237,019 $ 535,702 $ 6,981,954 $ 7,036,844 $0 $ 688,660 $ 7,630,688 $120,803,498 $ 7,209,127 $458,095,832 $ 31,312,611

650

JOURNAL OF THE SENATE

Postage

$ 2,401,505

Grants to County DFCS - Operations

$382,636,430

Austerity Adjustments

$ (4,500,000)

Total Funds Budgeted

$1,040,227,869

Indirect DOAS Services Funding

$0

Tobacco Funds Budgeted

$ 3,341,218

State Funds Budgeted

$ 438,834,753

Departmental Functional Budgets

Total Funds

State Funds

Director's Office

$ 1,079,930

$ 1,079,930

Social Services

$ 6,685,445

$ 5,673,404

Fiscal Management

$ 4,638,254

$ 2,652,425

Quality Assurance

$ 3,844,812

$ 3,844,812

Community Services

$ 14,224,301

$ 1,999,818

Field Management

$ 2,885,891

$ 2,885,891

Professional Development

$ 4,321,266

$ 2,844,956

Economic Support

$ 3,137,563

$ 3,137,563

Child Care and Parent Services

$ 501,837

$ 501,837

Temporary Assistance for Needy Families

$ 111,634,948 $ 51,609,878

SSI - Supplemental Benefits

$0

$0

Refugee Programs

$ 2,795,420

$0

Energy Benefits

$ 7,223,130

$0

County DFACS Operations - Eligibility

$ 116,556,046 $ 51,600,228

County DFACS Operations - Social Services

$ 142,042,681 $ 59,883,698

Food Stamp Issuance

$ 3,190,752

$0

County DFACS Operations - Homemakers Services $ 7,802,877

$0

County DFACS Operations - Joint and Administration $ 90,468,209

$ 43,709,946

County DFACS Operations - Employability Program $ 26,466,617

$ 10,571,448

Employability Benefits

$ 43,105,900

$ 10,743,985

Legal Services

$ 6,546,322

$ 2,670,531

Family Foster Care

$ 68,959,689

$ 38,927,560

Institutional Foster Care

$ 40,746,350

$ 20,169,660

Specialized Foster Care

$ 21,641,542

$ 16,401,408

Adoption Supplement

$ 44,855,747

$ 25,591,338

Prevention of Foster Care

$ 15,744,598

$ 2,069,048

Troubled Children

$ 61,262,815

$ 33,149,436

Child Day Care

$ 180,700,622 $ 56,316,937

Special Projects

$ 4,033,617

$ 3,993,617

Children's Trust Fund

$ 7,630,688

$ 7,630,688

Indirect Cost

$0

$(12,984,071)

Austerity Adjustments

$ (4,500,000) $ (4,500,000)

Total

$1,040,227,869 $ 442,175,971

WEDNESDAY, MARCH 5, 2003

651

4. Community Mental Health/Mental Retardation and Institutions:

Personal Services

$296,054,604

Operating Expenses

$ 58,242,887

Motor Vehicle Equipment Purchases

$ 200,000

Utilities

$ 9,483,000

Major Maintenance and Construction

$ 1,991,161

Community Services

$483,915,646

Austerity Adjustments

$ (3,100,000)

Total Funds Budgeted

$846,787,298

Indirect DOAS Services Funding

$0

Tobacco Funds Budgeted

$ 10,255,138

State Funds Budgeted

$599,285,182

Departmental Functional Budgets

Total Funds

State Funds

Southwestern State Hospital

$ 31,291,842

$ 17,942,031

Augusta Regional Hospital

$ 22,195,904

$ 16,488,063

Northwest Regional Hospital at Rome

$ 32,248,739

$ 21,954,539

Georgia Regional Hospital at Atlanta

$ 40,929,551

$ 30,168,700

Central State Hospital

$ 113,908,424 $ 65,644,954

Georgia Regional Hospital at Savannah

$ 21,697,919

$ 17,449,270

Gracewood State School and Hospital

$ 48,373,523

$ 20,043,979

West Central Regional Hospital

$ 23,337,460

$ 18,725,774

Outdoor Therapeutic Programs

$ 4,264,736

$ 3,324,046

Community Mental Health Services

$ 218,620,198 $205,923,246

Community Mental Retardation Services

$ 166,570,328 $132,102,039

Community Substance Abuse Services

$ 101,419,757 $ 48,227,746

Program Direction and Support

$ 15,203,513

$ 8,852,829

Regional Offices

$ 9,825,404

$ 5,793,104

Austerity Adjustments

$ (3,100,000)

$ (3,100,000)

Total

$ 846,787,298 $ 609,540,320

Budget Unit Object Classes:

Personal Services

$ 489,653,409

Regular Operating Expenses

$ 86,839,106

Travel

$ 4,951,152

Motor Vehicle Purchases

$ 200,000

Equipment

$ 894,533

Real Estate Rentals

$ 12,629,827

Per Diem and Fees

$ 13,701,099

Contracts

$ 57,686,453

Computer Charges

$ 59,674,696

Telecommunications

$ 18,689,353

Operating Expenses

$ 58,242,887

Community Services

$ 483,915,646

652

JOURNAL OF THE SENATE

Case Services Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Utilities Postage Payments to DCH-Medicaid Benefits Grants to County DFCS - Operations Medical Benefits Brain and Spinal Trust Fund Benefits Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted
Section 17. Department of Industry, Trade and Tourism. State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Local Welcome Center Contracts Marketing Georgia Ports Authority Lease Rentals Foreign Currency Reserve Waterway Development in Georgia Lanier Regional Watershed Commission Georgia World Congress Center One Georgia Fund Intergovernmental Contract Austerity Adjustments

$0 $ 7,630,688 $ 120,803,498 $ 7,626,127 $ 458,095,832 $ 146,602,537 $ 159,782,176 $ 2,154,612 $ 9,483,000 $ 4,694,121 $ 33,961,019 $ 384,191,430 $ 6,138,072 $ 850,000 $ (10,826,054) $2,618,265,219 $0 $ 47,748,385 $1,397,402,253
$ 29,055,258 $ 78,051,263 $ 12,930,506 $ 1,214,240 $ 590,806 $ 20,000 $ 62,597 $ 391,336 $ 837,119 $ 442,215 $ 53,200 $ 1,307,786 $ 253,100 $ 9,314,895 $0 $0 $ 50,000 $0 $0 $ 78,051,263 $ 2,200,000 $ (612,542)

WEDNESDAY, MARCH 5, 2003

Total Funds Budgeted

Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Administration

$ 89,866,903

Economic Development

$ 9,428,004

Trade

$ 2,850,492

Tourism

$ 4,944,497

Film

$ 629,167

Austerity Adjustments

$ (612,542)

Total

$ 107,106,521

Section 18. Department of Insurance. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Health Care Utilization Review Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund Austerity Adjustments Total

Total Funds $ 5,473,473 $ 6,098,248 $ 522,127 $ 4,752,376 $ 821,239 $ (323,858) $ 17,343,605

Section 19. Department of Juvenile Justice. State Funds Personal Services

653
$107,106,521 $ 78,051,263 $ 29,055,258
State Funds $ 89,866,903 $ 9,428,004 $ 2,850,492 $ 4,944,497 $ 629,167 $ (612,542) $ 29,055,258
$ 16,307,105 $ 15,119,965 $ 702,947 $ 433,030 $ 80,176 $ 20,000 $ 223,000 $ 634,689 $ 367,614 $ 86,042 $0 $0 $ (323,858) $ 17,343,605 $ 16,307,105
State Funds $ 5,473,473 $ 6,098,248 $ 522,127 $ 3,715,876 $ 821,239 $ (323,858) $ 16,307,105
$272,209,291 $172,771,791

654

JOURNAL OF THE SENATE

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts Capital Outlay Juvenile Justice Reserve Children and Youth Grants Juvenile Justice Grants Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Regional Youth Development Centers Youth Development Centers YDC Purchased Services Court Services Day Centers Group Homes Community Corrections Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Office of Training Children and Youth Coordinating Council Austerity Adjustments Total

Total Funds $ 79,244,314 $ 76,771,212 $ 24,607,845 $ 34,645,510 $ 579,624 $ 1,880,403 $ 45,880,657 $ 1,401,903 $ 1,007,132 $ 4,262,898 $ 18,880,421 $ 3,281,593 $ 2,768,074 $ (4,825,188) $ 290,386,398

Section 20. Department of Labor. A. Budget Unit: State Funds - Department of Labor Personal Services Regular Operating Expenses

$ 15,530,758 $ 2,079,741 $ 349,143 $ 786,688 $ 3,561,658 $ 3,172,907 $ 2,370,598 $ 3,925,090 $ 5,665,715 $ 3,315,142 $ 400,000 $0 $ 79,395,255 $0 $0 $0 $ 200,000 $ 1,687,100 $ (4,825,188) $290,386,398 $272,209,291
State Funds $ 77,740,354 $ 74,523,793 $ 23,704,038 $ 30,140,703 $ 579,624 $ 1,880,403 $ 38,884,141 $ 1,401,903 $ 1,007,132 $ 4,172,898 $ 18,859,823 $ 3,281,593 $ 858,074 $ (4,825,188) $272,209,291
$ 16,303,499 $ 90,267,502 $ 7,405,831

WEDNESDAY, MARCH 5, 2003

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications WIA Contracts Per Diem and Fees Contracts W.I.N. Grants Payments to State Treasury Capital Outlay Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

B. Budget Unit: State Funds - Division Of Rehabilitation Services

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Real Estate Rentals

Per Diem and Fees

Contracts

Computer Charges

Telecommunications

Case Services

Special Purpose Contracts

Purchase of Services Contracts

Major Maintenance and Construction

Utilities

Postage

Capital Outlay

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Services Funding

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Vocational Rehabilitation Services

$ 86,788,216

Business Enterprise Program

$ 1,661,454

Administration

$ 3,953,823

655
$ 1,481,527 $ 34,858 $ 566,309 $ 2,710,148 $ 2,874,629 $ 2,030,660 $ 54,500,000 $ 2,778,378 $ 1,323,287 $0 $ 1,287,478 $0 $ (553,758) $166,706,849 $ 16,303,499
$ 28,306,621 $ 93,137,714 $ 13,928,245 $ 2,003,747 $ 39,095 $ 1,081,290 $ 6,090,455 $ 7,177,826 $ 4,462,857 $ 2,573,235 $ 3,138,419 $ 41,304,191 $ 1,068,997 $ 12,793,349 $0 $0 $0 $ 255,000 $ (593,653) $188,460,767 $ 100,000 $ 28,306,621
State Funds $ 18,448,339 $ 358,326 $ 2,476,177

656

JOURNAL OF THE SENATE

Disability Adjudication Georgia Industries for the Blind Roosevelt Warm Springs Institute Austerity Adjustments Total

$ 55,297,080 $ 11,821,908 $ 29,531,939 $ (593,653) $188,460,767

Section 21. Department of Law. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Books for State Library Transfer Funds to Governor's Office Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

Section 22. Merit System of Personnel Administration. State Funds Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem and Fees Contracts Computer Charges Telecommunications Payments to State Treasury
Total Funds Budgeted Federal Funds Other Agency Funds Agency Assessments Deferred Compensation State Funds Budgeted

$0 $ 722,533 $ 6,894,899 $ (593,653) $ 28,306,621
$ 14,898,464 $ 15,179,993 $ 705,564 $ 181,781 $0 $0 $ 299,269 $ 915,941 $ 192,258 $ 19,414,422 $0 $ 197,158 $0 $ (313,862) $ 36,772,524 $ 14,898,464
$0 $ 8,814,917 $ 1,073,018 $ 83,213 $0 $ 696,904 $ 285,350 $ 874,311 $ 1,774,772 $ 173,863 $ 1,901,515 $ 15,677,863 $0 $ 1,573,733 $ 13,176,154 $ 927,976 $0

WEDNESDAY, MARCH 5, 2003

Section 23. Department of Motor Vehicle Safety.

State Funds

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Capital Outlay

Motor Vehicle Tag Purchase

Post Repairs

Conviction Reports

Driver's License Processing

Postage

Investment for Modernization

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Funding

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Administration

$ 33,848,830

Operations

$ 51,834,590

Enforcement

$ 16,071,622

Austerity Adjustments

$ (1,857,756)

Total

$ 99,897,286

Section 24. Department of Natural Resources. A. Budget Unit: State Funds - Department of Natural Resources Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications

657
$ 89,543,393 $ 61,055,181 $ 8,072,954 $ 465,062 $ 332,206 $ 345,335 $ 12,461,537 $ 2,792,509 $ 2,979,499 $ 481,198 $ 1,318,987 $0 $ 6,892,489 $0 $ 348,651 $ 3,459,434 $ 750,000 $0 $ (1,857,756) $ 99,897,286 $ 1,960,000 $ 89,543,393
State Funds $ 28,562,245 $ 51,834,590 $ 11,004,314 $ (1,857,756) $ 89,543,393
$140,963,112 $ 90,397,923 $ 15,409,186 $ 813,926 $ 412,765 $ 1,582,590 $ 3,291,804 $ 1,018,551 $ 9,090,779 $ 730,140 $ 1,399,335

658

JOURNAL OF THE SENATE

Authority Lease Rentals

Advertising and Promotion

Cost of Material for Resale

Capital Outlay:

New Construction

Repairs and Maintenance

Wildlife Management Area Land Acquisition

Paving at State Parks and Historic Sites

Grants:

Land and Water Conservation

Georgia Heritage 2000 Grants

Recreation

Contracts:

Georgia State Games Commission

Payments to Civil War Commission

Hazardous Waste Trust Fund

Solid Waste Trust Fund

Wildlife Endowment Fund

Payments to Georgia Agricultural Exposition Authority

Payments to Southwest Georgia Railroad Excursion Authority

Payments to McIntosh County

Payments to Baker County

Payments to Calhoun County

Payments to Georgia Agrirama Development Authority for operations

Community Green Space Grants

Austerity Adjustments

Total Funds Budgeted

Receipts from Jekyll Island State Park Authority

Receipts from Stone Mountain Memorial Association

Receipts from Lake Lanier Islands Development Authority

Receipts from North Georgia Mountain Authority

Indirect DOAS Funding

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Commissioner's Office

$ 33,475,726

Program Support

$ 7,508,429

Historic Preservation

$ 2,767,742

Parks, Recreation and Historic Sites

$ 41,422,766

Coastal Resources

$ 2,574,161

Wildlife Resources

$ 37,178,564

Environmental Protection

$ 54,412,046

Pollution Prevention Assistance

$ 467,633

$0 $ 725,000 $ 1,333,300
$ 860,176 $ 4,560,913 $ 982,330 $ 500,000
$ 800,000 $ 341,000 $0
$ 336,793 $ 59,565 $ 7,595,077 $ 6,132,574 $0 $ 1,839,297 $ 493,381 $ 100,000 $ 31,000 $ 24,000 $ 955,662 $ 27,990,000 $ (2,032,795) $ 177,774,272 $ 840,190 $0 $ 1,831,931 $ 1,434,982 $ 200,000 $ 140,963,112
State Funds $ 33,428,460 $ 7,508,429 $ 2,277,742 $ 20,967,046 $ 2,403,299 $ 31,846,593 $ 44,200,618 $ 363,720

WEDNESDAY, MARCH 5, 2003

659

Austerity Adjustments Total

$ (2,032,795) $ 177,774,272

$ (2,032,795) $140,963,112

B. Budget Unit: State Funds-Georgia Agricultural Exposition Authority Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

$0 $3,267,771 $2,349,303 $ 10,000 $0 $ 36,796 $ 20,000 $0 $ 80,000 $ 89,167 $ 754,000 $0 $ (38,988) $6,568,049 $0

C. Budget Unit: State Funds-Georgia Agrirama Development Authority $ 0

Personal Services

$1,245,057

Regular Operating Expenses

$ 199,000

Travel

$ 5,792

Motor Vehicle Purchases

$0

Equipment

$ 7,000

Computer Charges

$ 5,792

Real Estate Rentals

$0

Telecommunications

$ 12,000

Per Diem and Fees

$ 500

Contracts

$ 68,768

Capital Outlay

$ 152,750

Goods for Resale

$ 120,000

Austerity Adjustments

$ (20,250)

Total Funds Budgeted

$1,796,409

State Funds Budgeted

$0

Section 25. State Board of Pardons and Paroles. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ 48,537,488 $ 40,852,338 $ 1,433,825 $ 431,800 $0 $ 291,500

660

JOURNAL OF THE SENATE

Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Jail Subsidy Health Services Purchases Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

Section 26. Department of Public Safety.

A. Budget Unit: State Funds - Department of Public Safety

Operations Budget:

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

State Patrol Posts Repairs and Maintenance

Capital Outlay

Conviction Reports

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Service Funding

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Administration

$ 19,434,616

Field Operations

$ 69,020,878

Austerity Adjustments

$ (1,721,055)

Total

$86,734,439

B. Budget Unit: State Funds - Units Attached for Administrative Purposes Only Attached Units Budget: Personal Services Regular Operating Expenses

$ 606,200 $ 2,958,373 $ 1,065,600 $ 523,304 $ 740,679 $ 617,500 $ 20,000 $ (1,003,631) $ 48,537,488 $ 48,537,488
$82,079,754
$ 72,126,448 $ 8,307,594 $ 108,052 $ 2,876,986 $ 348,364 $ 984,170 $ 186,443 $ 2,100,380 $ 351,487 $ 464,333 $ 601,237 $0 $0 $ (1,721,055) $86,734,439 $990,000 $82,079,754
State Funds $ 18,081,366 $ 65,719,443 $ (1,721,055) $82,079,754
$14,946,183
$ 12,126,847 $ 3,607,873

WEDNESDAY, MARCH 5, 2003

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Office of Highway Safety Georgia Peace Officers Standards and Training Police Academy Fire Academy Georgia Firefighters Standards and Training Council Georgia Public Safety Training Facility Total

Total Funds $ 5,755,070 $ 1,460,431 $ 1,997,405 $ 1,223,016 $ 475,871 $ 12,504,397 $23,416,190

Section 27. Public School Employees' Retirement System. State Funds Payments to Employees' Retirement System Employer Contributions Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

Section 28. Public Service Commission. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees

661
$ 206,762 $0 $ 195,046 $ 318,377 $ 317,467 $ 351,950 $ 432,300 $ 541,569 $ 3,575,200 $ 2,058,309 $0 $ (315,510) $23,416,190 $14,946,183
State Funds $ 578,767 $ 1,460,431 $ 1,133,687 $ 1,081,055 $ 475,871 $ 10,216,372 $14,946,183
$ 8,097,798 $ 593,750 $ 7,504,048 $0 $ 8,097,798 $ 8,097,798
$ 8,820,806 $ 6,821,965 $ 250,711 $ 111,876 $ 22,214 $ 15,300 $ 208,791 $ 511,428 $ 124,660 $ 628,262

662

JOURNAL OF THE SENATE

Contracts Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

Section 29. Board of Regents, University System of Georgia. A. Budget Unit: State Funds - Resident Instruction Tobacco Funds Personal Services:
Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay Austerity Adjustments
Total Funds Budgeted Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding Governor's Emergency Funds Tobacco Funds Budgeted State Funds Budgeted

B. Budget Unit: State Funds - Regents Central Office and Other Organized Activities
Tobacco Funds Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Agricultural Research Advanced Technology Development Center/
Economic Development Institute Seed Capital Fund - ATDC

$ 582,500 $ (183,590) $9,094,117 $8,820,806
$1,444,860,274 $ 6,585,889
$1,760,113,452 $ 424,223,505
$ 451,733,090 $ 854,188,741 $ 33,765,643 $ 1,138,340 $ 345,833 $ 1,011,627 $ 30,291,698 $ 123,584,731 $ (29,829,298) $ 3,650,567,362 $ 132,081,672 $ 1,278,412,246 $ 785,552,781 $ 3,039,500 $ 35,000 $ 6,585,889 $ 1,444,860,274
$ 220,414,817 $0
$0 $ 70,959,391
$ 59,705,482 $ 41,101,657 $ 3,103,580
$ 23,067,667 $0

WEDNESDAY, MARCH 5, 2003

663

Capital Outlay Center for Rehabilitation Technology SREB Payments Regents Opportunity Grants Rental Payments to Georgia Military College Direct Payments to the Georgia Public
Telecommunications Commission for Operations Public Libraries Salaries and Operations Student Information System Georgia Medical College Health, Inc. Austerity Adjustments
Total Funds Budgeted Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$0 $ 7,790,087 $ 848,363 $ 548,200 $ 1,735,650
$ 18,565,802 $ 34,755,498 $0 $ 35,104,249 $ (4,228,694) $428,902,906 $ 8,610,113 $ 124,936,276 $ 74,398,200 $ 543,500 $0 $220,414,817

Regents Central Office and Other Organized Activities

Total Funds

Marine Resources Extension Center

$ 2,834,246

Skidaway Institute of Oceanography

$ 6,469,309

Marine Institute

$ 1,828,871

Georgia Tech Research Institute

$ 123,302,969

Advanced Technology Development Center/

Economic Development Institute

$ 23,067,667

Agricultural Experiment Station

$ 78,401,230

Cooperative Extension Service

$ 62,414,534

Medical College of Georgia Hospital and Clinics $ 193,500

Veterinary Medicine Experiment Station

$ 3,949,799

Veterinary Medicine Teaching Hospital

$ 7,242,199

Georgia Radiation Therapy Center

$ 3,625,810

Athens and Tifton Veterinary Laboratories

$ 4,756,657

Regents Central Office

$ 65,767,622

Public Libraries

$ 43,126,177

State Data Center

$ 6,151,010

Austerity Adjustments

$ (4,228,694)

Total

$428,902,906

C. Budget Unit: State Funds - Georgia Public

Telecommunications Commission

Personal Services

Operating Expenses

State Funds $ 1,649,446 $ 1,810,419 $ 1,061,238 $ 9,838,961
$ 9,944,392 $ 45,959,968 $ 39,320,397 $0 $ 3,949,799 $ 542,199 $0 $ 102,687 $ 65,645,773 $ 38,817,222 $ 6,001,010 $ (4,228,694) $220,414,817
$0 $ 14,654,631 $ 15,671,989

664

JOURNAL OF THE SENATE

General Programming Distance Learning Programming Austerity Adjustments
Total Funds Budgeted Other Funds State Funds Budgeted D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust Fund Georgia Public Telecommunications Commission Internet Connection Initiative Special Funding Initiatives Research Consortium - Georgia Research Alliance Equipment - Public Libraries Student Information System Educational Technology Center Total Funds Budgeted Lottery Funds Budgeted
Section 30. Department of Revenue. State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff Postage Investment for Modernization Homeowner Tax Relief Grants Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding Tobacco Funds State Funds Budgeted Departmental Functional Budgets
Total Funds

$ 4,070,278 $ 2,784,685 $ (391,490) $ 36,790,093 $ 36,790,093 $0 $21,509,000 $ 12,000,000 $ 2,000,000 $0 $ 7,509,000 $0 $0 $0 $0 $21,509,000 $21,509,000
$468,051,118 $150,000 $ 61,110,466 $ 4,747,373 $ 1,026,000 $ 53,045 $ 175,384 $ 15,818,862 $ 7,107,067 $ 2,274,299 $ 606,992 $ 1,375,758 $ 4,086,456 $0 $ 2,848,111 $ 17,785,550 $377,500,000 $ (1,879,380) $494,635,983 $ 2,545,000 $ 150,000 $468,051,118
State Funds

WEDNESDAY, MARCH 5, 2003

Departmental Administration Internal Administration Information Systems Compliance Division Income Tax Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Austerity Adjustments Total

$ 38,022,347 $ 7,987,227 $ 17,097,493 $ 27,826,845 $ 7,427,706 $ 382,317,960 $ 5,739,232 $ 5,000 $ 6,775,576 $ 3,315,977 $ (1,879,380) $494,635,983

Section 31. Secretary of State. A. Budget Unit: State Funds - Secretary of State Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Election Expenses Capital Outlay Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Internal Administration Archives and Records Capitol Education Center Business Services - Corporations Business Services - Securities Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Holocaust Commission Austerity Adjustments

Total Funds $ 5,008,890 $ 6,956,898 $ 416,019 $ 2,045,424 $ 1,976,955 $ 8,296,949 $ 1,386,731 $ 552,127 $ 9,286,195 $ 301,204 $ (699,720)

665
$ 20,236,797 $ 7,987,227 $ 15,842,493 $ 23,921,082 $ 7,427,706 $380,207,825 $ 5,716,589 $ 5,000 $ 5,575,576 $ 3,010,203 $ (1,879,380) $468,051,118
$34,463,322 $ 19,025,144 $ 4,582,156 $ 401,924 $ 72,492 $ 65,019 $ 3,838,024 $ 4,684,740 $ 1,017,577 $ 171,526 $ 1,779,455 $ 589,335 $0 $ (699,720) $35,527,672 $34,463,322
State Funds $ 4,978,890 $ 6,881,898 $ 416,019 $ 1,306,074 $ 1,926,955 $ 8,276,949 $ 1,386,731 $ 552,127 $ 9,136,195 $ 301,204 $ (699,720)

666

JOURNAL OF THE SENATE

Total

$35,527,672

B. Budget Unit: State Funds - Real Estate Commission

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Austerity Adjustments

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Real Estate Commission

$ 2,234,171

Austerity Adjustments

$0

Total

$2,234,171

Section 32. Soil and Water Conservation Commission. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Conservation Grants Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

Section 33. Student Finance Commission. A. Budget Unit: State Funds - Student Finance Commission
Personal Services Regular Operating Expenses Travel

$34,463,322 $2,234,171 $ 1,443,924 $ 145,000 $ 47,000 $0 $ 12,500 $ 176,747 $ 181,000 $ 84,000 $ 144,000 $0 $0 $2,234,171 $2,234,171
State Funds $ 2,234,171 $0 $2,234,171
$3,420,462 $ 1,684,267 $ 202,070 $ 36,069 $0 $ 23,184 $ 13,478 $ 119,052 $ 40,214 $ 139,438 $ 1,762,645 $ 86,000 $ (45,550) $4,060,867 $3,420,462
$39,860,391 $ 561,309 $ 20,140 $ 13,000

WEDNESDAY, MARCH 5, 2003

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Guaranteed Educational Loans

Tuition Equalization Grants

Law Enforcement Personnel Dependents' Grants

North Georgia College ROTC Grants

North Georgia College Graduates Scholarship

Osteopathic Medical Loans

Georgia Military Scholarship Grants

LEAP Program

Governor's Scholarship Program

Austerity Adjustments

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Georgia Student Finance Authority

$ 40,482,126

Georgia Nonpublic Postsecondary Education

Commission

$ 716,133

Austerity Adjustments

$ (817,215)

Total

$40,381,044

B. Budget Unit: Lottery for Education

HOPE Financial Aid - Tuition

HOPE Financial Aid - Books

HOPE Financial Aid - Fees

Tuition Equalization Grants

Hope Scholarships - Private Colleges

Georgia Military College Scholarship

LEPD Scholarship

Teacher Scholarships

Promise Scholarships

Promise II Scholarships

Engineer Scholarships

Personal Services - HOPE Administration

Operating Expenses - HOPE Administration

Total Funds Budgeted

Lottery Funds Budgeted

667
$0 $ 6,300 $ 12,000 $ 49,615 $ 10,091 $ 11,560 $ 32,118 $ 4,260,521 $ 30,044,521 $ 66,313 $ 351,217 $ 22,563 $0 $ 508,659 $ 1,534,365 $ 3,693,967 $ (817,215) $40,381,044 $39,860,391
State Funds $ 39,961,473
$ 716,133 $ (817,215) $39,860,391 $390,887,625 $229,273,347 $ 49,006,492 $ 52,776,833 $0 $ 42,181,370 $ 808,333 $ 246,024 $ 5,332,698 $ 5,855,278 $ 847,495 $ 760,000 $ 2,059,431 $ 1,740,324 $390,887,625 $390,887,625

668

JOURNAL OF THE SENATE

Section 34. Teachers' Retirement System. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Employee Benefits Retirement System Members Floor Fund for Local Retirement Systems
Total Funds Budgeted State Funds Budgeted
Section 35. Department of Technical and Adult Education. A. Budget Unit: State Funds - Department of Technical
and Adult Education Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Total Funds

$2,670,000 $ 10,495,013 $ 629,344 $ 26,500 $0 $ 35,000 $ 8,010,375 $ 673,770 $ 330,000 $ 737,700 $0 $0 $ 2,550,000 $ 120,000 $23,607,702 $2,670,000
$277,777,777 $ 6,457,252 $ 374,330 $ 125,510 $0 $ 48,359 $ 588,518 $ 144,671 $ 169,110 $ 614,420 $ 115,980 $0 $246,352,015 $ 61,151,035 $ 6,398,577 $ 20,008,184 $ 3,621,510 $ 13,149,377 $ (5,793,954) $353,524,894 $277,777,777
State Funds

WEDNESDAY, MARCH 5, 2003

669

Administration

$ 8,638,150

Institutional Programs

$ 350,680,698

Austerity Adjustments

$ (5,793,954)

Total

$ 353,524,894

B. Budget Unit: Lottery for Education

Computer Laboratories and Satellite Dishes-Adult Literacy

Capital Outlay

Capital Outlay - Technical Institute Satellite Facilities

Equipment-Technical Institutes

Repairs and Renovations - Technical Institutes

Total Funds Budgeted

Lottery Funds Budgeted

$ 6,578,362 $276,993,369 $ (5,793,954) $277,777,777 $0 $0 $0 $0 $0 $0 $0 $0

Section 36. Department of Transportation. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Capital Outlay - Airport Aid Program Mass Transit Grants Harbor Maintenance/Intra-Coastal
Waterways Maintenance and Operations Spoilage, Land Acquisition, Clearing and Preparation Contracts with the Georgia Rail Passenger Authority Payments to the State Road and Tollway Authority Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets

$667,076,123 $262,090,843 $ 79,985,329 $ 2,092,445 $ 1,810,000 $ 7,531,739 $ 12,788,293 $ 1,831,320 $ 4,872,117 $ 7,346,696 $ 48,431,848 $1,143,539,698 $ 6,943,629 $ 17,582,915
$ 721,355 $0 $ 534,012 $ 39,271,138 $ (350,852) $1,637,022,525 $667,076,123

Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration

Total Funds $ 1,327,840,508 $ 232,949,280 $ 17,250,694 $ 27,334,330

State Funds $377,400,221 $228,365,141 $ 16,750,694 $ 26,430,580

670

JOURNAL OF THE SENATE

Total

$1,605,374,812

General Funds Budget Planning and Construction Maintenance and Betterments Administration Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Austerity Adjustments Total

$0 $0 $0 $ 3,169,943 $ 28,107,267 $ 721,355 $ (350,852) $31,647,713

Section 37. Department of Veterans Service. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Operating Expense/Payments to Medical College of Georgia Capital Outlay WWII Veterans Memorial Regular Operating Expenses for Projects and Insurance
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets

Veterans Assistance Veterans Nursing Home-Augusta Total

Total Funds $ 24,878,422 $ 7,904,063 $32,782,485

Section 38. Workers' Compensation Board. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$648,946,636
$0 $0 $0 $ 2,512,148 $ 15,246,836 $ 721,355 $ (350,852) $18,129,487
$22,049,800 $ 6,038,004 $ 420,437 $ 154,602 $0 $ 105,822 $ 6,361 $ 219,148 $ 90,660 $ 24,500 $ 17,631,444 $ 7,904,063 $0 $0 $ 187,444 $32,782,485 $22,049,800
State Funds $ 17,126,329 $ 4,923,471 $22,049,800
$13,744,229 $ 10,098,171 $ 470,115 $ 140,600 $0

WEDNESDAY, MARCH 5, 2003
Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Payments to State Treasury Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

671
$ 44,048 $ 261,976 $ 1,299,338 $ 187,828 $ 183,100 $ 1,423,053 $0 $14,108,229 $13,744,229

Section 39. State of Georgia General Obligation Debt Sinking Fund.

A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund

State General Funds (Issued)

$551,752,918

Motor Fuel Tax Funds (Issued)

$ 51,000,000

$602,752,918

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund

State General Funds (New)

$ 26,023,520

Motor Fuel Tax Funds (New)

$0

$26,023,520

Section 40. Provisions Relative to Section 3, Judicial Branch. The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section

672

JOURNAL OF THE SENATE

15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 41. Provisions Relative to Section 4, Department of Administrative Services. It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.
Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2002 of all vehicles purchased or newly leased during Fiscal Year 2002.
Notwithstanding any provision of the law to the contrary, in managing any of the selfinsurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.
Section 42. Provisions Relative to Section 7, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.
Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:
If a local assistance grant above incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose.
If a local assistance grant above states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.

WEDNESDAY, MARCH 5, 2003

673

Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.

If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

Provided, however, that the Department shall contract with the Southeast Georgia Regional Development Center from the Contracts object class a total of $72,200 for operating expenses.

Recipient

Description

Amount

Georgia Mountain RDC Water Planning

$ 45,000

Americus Sumnter Construction of restrooms and concession stand at

County Recreation recreation/soccer fields for Americus/Sumnter County

Authority

Recreation Authority

$ 40,000

Athens/Clark County Contract with Food Bank of Northeast Georgia for food

distribution in Athens/Clark County

$ 10,000

Athens/Clark County Contract with Grand Slam Program in Athens/Clarke

County

$ 5,000

Athens/Clark County Contract with Hancock Community Development in

Athens/Clarke County

$ 10,000

Athens/Clarke

Purchase a van for resident transportation need at Lanier

County

Gardens/Talmadge Terrace in Athens/Clarke County $ 25,000

Athens/Clarke

Contract with Athens Tutorial Program for after-school

County

tutorial and enrichment program in Athens/Clarke

County

$ 10,000

Athens/Clarke

Funding for the Non-profit Community Children's

County

Chorus at the University of Georgia in Athens/Clarke

County

$ 15,000

Athens/Clarke

Roof repair at building housing Kelley Diversified, Inc.

County

in Athens/Clarke County

$ 20,000

Athens/Clarke

Provide for project Safe Campuses Now in

County

Athens/Clarke County

$ 30,000

Atkinson County Chain link fencing and security gates for playground at

Board of Education Willacoochee Elementary and fencing for the new high

school in Atkinson County

$ 4,500

Atkinson County Provide lighting for parking lot at new high school in

Board of Education Atkinson County

$ 10,000

Atkinson County Courthouse parking lot expansion, courtroom renovation

Commission

and farmers' market in Atkinson County

$ 10,000

674

JOURNAL OF THE SENATE

Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County
Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County

Contract for services with the Augusta Mini Theater,

Inc. in Augusta/ Richmond County

$

Program enhancements for the Augusta Players in

Augusta/Richmond County

$

Planning money for railroad track removal in downtown

Augusta

$

Contract for services with Harrisburg Neighborhood

Association for food and essentials for the needy in

Augusta/Richmond County

$

Construct playground for disabled children in Central

Savannah River Area for the Rachel Longstreet

Foundation in Augusta/Richmond County

$

Exhibition improvements and expansion of education

programs at the Augusta Museum of History

$

Contract for services with the Beyond The Ark Outreach

Services B.T.A. in Augusta/Richmond County

$

Expand operation of the Augusta/Richmond County

Animal Control

$

Technology computer center within the Barton Village

Community in Augusta/Richmond County

$

Contract for services with Augusta African/American

Historical Community in Augusta/Richmond County to

identify historical locations

$

Contract for services with Shiloh Comprehensive

Community Center in Augusta/Richmond County

$

Contract for services with Beulah Grove Community

Resource Center in Augusta/Richmond County

$

Contract services with Augusta/Richmond Opportunities

in Augusta/Richmond County

$

Contract for services with Neighborhood Improvement

Programs in Augusta/Richmond County

$

Contract for services with Lucy Craft Laney Museum in

Augusta/Richmond County

$

Contract for services with Good Hope Social Services

Ministries for after-school enrichment and tutorial

programs in Augusta/Richmond County

$

Contract for services with CSRA Transitional Center,

Inc. for programs to combat juvenile delinquency in

Augusta/Richmond County

$

Contract for services with New Savannah Road Social

Services in Augusta/Richmond County

$

50,000 25,000 50,000
35,000
25,000 15,000 10,000 15,000 10,000
10,000 5,000 10,000 5,000 5,000 5,000
5,000
10,000 40,000

WEDNESDAY, MARCH 5, 2003

675

Augusta/Richmond Construction cost of The Theater in Augusta/Richmond

County

County

$

Avondale Estates Renovate Boy Scout's building in the City of Avondale

Estates

$

Bacon County

Purchase 4-H equipment and supplies for Bacon County

Extension Service

$

Bacon County

Improvements at Bacon County Recreation Department $

Baker County

Contract with Georgia Empowerment and Resource

Services, Inc. to promote growth and development of

business in Baker County

$

Baker County Board Support for Baker Elementary PTA in Baker County

of Ed.

$

Baldwin County Purchase Thermal Imaging Camera equipment for use by

Baldwin County Fire Department

$

Baldwin County Purchase digital mapping system for Baldwin County $

Baldwin County Continuation of Office of Solicitor General's victim

assistance programs in Baldwin County

$

Baldwin County Funds for Baldwin/Oconee River Greenway Project in

Baldwin County

$

Baldwin County Fund the Victims Assistance Program in Baldwin County $

Baldwin County Funding for programs at the Boys and Girls Club of

Baldwin and Jones Counties

$

Banks County

Purchase of used van for the Banks County Senior Center $

Banks County

Design health services for senior citizens in Banks

Commission

County

$

Banks County Board Purchase band uniforms for the Banks County High

of Education

School

$

Bartow County Provide funding for programs and initiatives at Bartow

Collaborative, Inc. in Bartow County

$

Bartow County

Purchase equipment for Bartow County Fire Department $

Bartow County

Improvements to Stilesboro Academy for the Bartow

Commission

County Commission

$

Berrien County Permanently mounted bleachers for Berrien County

Recreation Complex

$

Bibb County

Contract for services with The Mentors Project of Bibb

County, Inc.

$

Bibb County

Contract for services with Macon/Bibb County Health

Department for HIV/AIDS education and prevention $

Bibb County

Improvements to three regional co-ed soccer fields in

Bibb County

$

Bibb County

Contract for services with Adopt-A-Role Model in Bibb

County

$

50,000 10,000 2,000 5,000
10,000 2,000 10,000 20,000 5,000 10,000 15,000 5,000 20,000 15,000 30,000 13,000 13,000 4,000 20,000 10,000 15,000 25,000 50,000

676

JOURNAL OF THE SENATE

Bibb County

General operation of the Harriet Tubman Museum in

Bibb County

$

Bibb County

Contract for services with the Middle Georgia Council on

Drugs in Bibb County

$

Bibb County

General operation of The Hay House in Bibb County $

Bibb County

Contract for services with the Ruth Mosely Center in

Bibb County

$

Bibb County

Funding for Kings Park Literacy program in Bibb County $

Bibb County

Enhancements for school band and fine arts program at

Board of Education Central High in Bibb County

$

Bibb County Courts Contract for services with Macon/Bibb County Teen

Court, Inc.

$

Bleckley County Athletic improvements for Bleckley County High School

Board of Education

$

Bleckley County Bleckley County Development Authority Construction

Development

Project

Authority

$

Bleckley County Provide funding for records management software in

Bleckley County

$

Brantley County Contract for services with Brantley County Historical

Society for operation of library/museum

$

Brantley County Purchase of uniforms and equipment for the Brantley

Board of Education County High School

$

Brantley County Brantley County Intergovernmental Relations Office $

Brantley County Brantley County travel expense fund

$

Brooks County

Bridges of Hope in Brooks County

$

Brooks County

Purchase technology lab equipment for Brooks County

Board of Education High School

$

Bryan County

Flooring for the Pembroke Public Library in Bryan

County

$

Bulloch County Development and construction of athletic fields in

Board of Education Bulloch County

$

Bulloch County Development of nature trails and elevated boardwalks at

Board of Education Mill Creek Regional Park in Bulloch County

$

Bulloch County Resurface asphalt track at Southeast Bulloch High School

in Bulloch County

$

Burke County

Contract for services with CSRA-EOA/Burke County

Head Start for Reading Readiness Program and children's

library in Burke County

$

Candler County Implement 911 emergency system in Candler County $

Carroll County

Establish a symphony orchestra in Carroll County

$

100,000 20,000 50,000 50,000 5,000 25,000 10,000 10,000
25,000 25,000 5,000 5,000 5,000 5,000 10,000 30,000 5,000 10,000 10,000 10,000
5,000 25,000 25,000

WEDNESDAY, MARCH 5, 2003

677

Carroll County

Remodeling, expanding and upgrading the Carroll

County Agriculture Education Center

$

Carroll County

Outdoor lighting system for Bowdon High School in

Board of Education Carroll County

$

Charlton County Purchase recreation equipment for Charlton County

$

Chatham County Contract for services with the Community

Cardiovascular Council, Inc. in Chatham County

$

Chatham County Expand the kitchen for the Meals on Wheels Program at

Senior Citizens, Inc. of Savannah in Chatham County $

Chatham County Provide for Head Start Program classroom for the City of

Savannah

$

Chatham County Restoration and repair of the Greenbriar Children's

Center, Inc. in Chatham County

$

Chatham County Implementation of the Food and Butter Caf for Second

Harvest Food Bank of Georgia in Chatham County

$

Chatham County Contract for services with Coastal Association of

Retarded Citizens in Chatham County

$

Chatham County Contract for services with the Community

Cardiovascular Council, Inc. in Chatham County

$

Chatham County Contract for services with the Anderson Cohen Weight

Lifting Center to provide specialized weight lifting

equipment for severely disabled athletes in Chatham

County

$

Chatham County Construction of monument to the African-American

heritage in Chatham County

$

Chatham County Enrich and enhance instructional programs at the Massie

Board of Education School in the City of Savannah

$

Chatham County Provide funding for the Chatham/Effingham Library in

Chatham County

$

Chatham County Westside Community Center in Chatham County

Commission

$

Chattahoochee

Purchase furniture, equipment and supplies for

County

Chattahoochee County Board Of Education

Board of Education

$

Chattahoochee

Preservation of an authentic Confederate uniform in

County Commission Chattahoochee County

$

Chattahoochee

Construct city/county park walking trail and

County Commission improvements in Chattahoochee County

$

Chattooga County Repair and renovate Chattooga County Government

Buildings, Chattooga County Library and Chattooga

County Civic Center

$

20,000 56,600 5,000 10,000 50,000 10,000 35,000 25,000 20,000 25,000
25,000 20,000 15,000 23,740 100,000
25,000 25,000 7,500
12,500

678

JOURNAL OF THE SENATE

Chattooga County
Cherokee County City of Abbeville
City of Acworth
City of Adairsville City of Alamo City of Alamo City of Albany
City of Albany
City of Albany
City of Albany
City of Albany
City of Albany
City of Albany
City of Alma
City of Ambrose
City of Andersonville City of Arabi
City of Aragon City of Arlington
City of Ashburn
City of Athens
City of Athens

Contract for services with The Children's Advocacy

Center of Lookout Mountain Judicial Circuit in Walker

County

$

Library materials and expenses for Cherokee County $

Funding for renovations made to the old auditorium

building used by the Arts Council in Wilcox County $

Renovations of Historic House at Logan Park Horse

Farm in the City of Acworth

$

Purchase a garbage truck for the City of Adairsville

$

Purchase of a sewer jet machine for the City of Alamo $

Fire station construction in City of Alamo

$

Funding for HAVN local nonprofit organization in the

City of Albany

$

Contract for services with Mt. Olive Outreach for tutorial

programs in the City of Albany

$

Contract for services with Union Outreach Mission for

health care for underprivileged in the City of Albany $

Contract for services with Slater King Adult Day Care in

the City of Albany

$

Contract for services with East Albany Service League,

Inc. for services to underprivileged in the City of Albany $

Provide university program speakers at Albany State

University

$

Roof replacement for the Thronateeska Heritage Center

in the City of Albany

$

Improvement for Martin Luther King Park in the City of

Alma

$

Purchase playground equipment for park in the City of

Ambrose

$

Repair drainage problems at Pioneer Farm tourist

attraction in the City of Andersonville

$

Maintenance and repairs for community service projects

in the City of Arabi

$

Recreation improvements for the City of Aragon

$

Build a city/county volunteer firehouse in the City of

Arlington

$

Purchase playground equipment for recreation area in

West Ashburn in the City of Ashburn

$

Economic revitalization and direct public/private

partnership initiatives in the City of Athens

$

Contract with Creative Visions for Saturday enrichment

programs in City of Athens

$

10,000 50,000 10,000 5,000 30,000 10,000 20,000 3,000 20,000 15,000 20,000 20,000 7,500 15,000 10,000 10,000 20,000 12,000 25,000 7,000 15,000 10,000 10,000

WEDNESDAY, MARCH 5, 2003

679

City of Atlanta City of Atlanta
City of Atlanta City of Atlanta
City of Atlanta Board of Education City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta
City of Atlanta
City of Atlanta City of Atlanta
City of Atlanta

Funds to feed and shelter homeless at Jericho Rd Project

in the City of Atlanta

$

Contract for services with Southwest YMCA for the

Brother to Brother and Sisters Only program in City of

Atlanta

$

Develop Total Wellness Program at Vine City Health and

Housing Ministry in the City of Atlanta

$

Contract with Pittsburg Community Improvement Assn.

for housing improvement and economic development in

the City of Atlanta

$

After-school program at Joe E. Brown Middle School in

the City of Atlanta

$

Renovation of the Active Oval in Piedmont Park in the

City of Atlanta

$

Provide for revitalization of Reynoldstown Community

in the City of Atlanta

$

Purchase vehicle to transport program recipients for

Antioch Urban Ministries in the City of Atlanta

$

Contract for services with Senior Citizens Services

Center for adult day care in the City of Atlanta

$

Child care program and classroom conversion at the

Butler St YMCA/Westside Branch in the City of Atlanta $

Contract for services with the Georgia Citizen Coalition

on Hunger in the City of Atlanta

$

Contract for services with Trinity House for services to

homeless men in the City of Atlanta

$

Fund a littoral shelf for the lake at Piedmont Park in the

City of Atlanta

$

Contract with Kids in Discovery of Self to maintain

office and staff to continue and promote organization in

the City of Atlanta

$

Contract for services with David T. Howard National

Alumni Assn. for substance abuse program in "Old

Fourth Ward" in the City of Atlanta

$

Contract for services with Cascade Job Training Initiative

in the City of Atlanta

$

Contract for services with Community Care, Inc. for

social service programs to children and youth in the City

of Atlanta

$

Purchase workshop materials, transportation and

personnel for Nonprofits, Inc. in the City of Atlanta

$

15,000
50,000 15,000
30,000 20,000 20,000 15,000 20,000 52,500 15,000 25,000 25,000 10,000
25,000
25,000 15,000
30,000 25,000

680

JOURNAL OF THE SENATE

City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta Board of Education City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta

Purchase materials at A. D. Williams Elementary School

for the City of Atlanta

$

Purchase materials for Alfred Blalock Elementary School

in the City of Atlanta

$

Purchase materials at Peyton Forest Elementary School

for the City of Atlanta

$

Purchase materials at Jean Childs Young Middle School

in the City of Atlanta

$

Purchase materials at Margaret Fain Elementary School

for the City of Atlanta

$

Purchase materials at Frederick Douglass High School

for the City of Atlanta

$

Funds for materials at D. M. Therrell High School for the

City of Atlanta

$

Purchase materials at Henry McNeal Turner Middle

School for the City of Atlanta

$

Purchase materials at Fickett Elementary School for the

City of Atlanta

$

Purchase materials at Leonora P. Miles Elementary

School for the City of Atlanta

$

Purchase materials for Collier Heights Elementary

School in the City of Atlanta

$

After-school and weekend program for at-risk children in

the City of Atlanta

$

Funding for materials at L. O. Kimberly Elementary

School for the City of Atlanta

$

Provide funding for Chess Club Program at George A.

Townes Elementary School for the City of Atlanta

$

Funding for the purchase of materials at Beecher Hills

Elementary School for the City of Atlanta

$

Purchase materials at West Fulton Middle School for the

City of Atlanta

$

Funding for materials at Harper-Archer High School in

the City of Atlanta

$

Funding for Boyd Clinic in the City of Atlanta

$

Funding for activities at Adamsville Elementary School

in the City of Atlanta

$

Purchase materials for Grove Park Elementary School in

the City of Atlanta

$

Purchase materials at F. L. Stanton Elementary School

for the City of Atlanta

$

1,000 1,000 1,100 1,500 1,000 10,000 4,000 2,500 1,000 1,000 1,200 10,000 1,000 1,100 1,000 1,500 1,500 1,500 1,500 1,200 1,200

City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta Public Schools City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta

WEDNESDAY, MARCH 5, 2003

681

Purchase materials and supplies for Southside Cultural

Awareness for the City of Atlanta

$

Funding for materials and supplies at the Cascade

Leadership Institute in the City of Atlanta

$

Purchase materials at Anderson Park Elementary School

for the City of Atlanta

$

Purchase materials at Morris Brandon Elementary School

for the City of Atlanta

$

Renovation of Ferber Cottage at Morris Brown College

in the City of Atlanta

$

Purchase materials at Margaret Mitchell Elementary

School for the City of Atlanta

$

Upgrade playground equipment and drainage problem at

Mary Lin Elementary School in the City of Atlanta

$

Funding for materials at Carter G. Woodson Elementary

School for the City of Atlanta

$

Purchase materials at Clara Maxwell Pitts Elementary

School for the City of Atlanta

$

Funding for materials at Benjamin E. Mays High School

for the City of Atlanta

$

Funding for study of tourism in the City of Atlanta

$

Purchase materials at West Manor Elementary School for

the City of Atlanta

$

Funding for materials at Oglethorpe Elementary School

for the City of Atlanta

$

Funding for materials at Continental Colony Elementary

School for the City of Atlanta

$

Construction of the Progressive Hope House in the City

of Atlanta

$

Funding for materials at William J. Scott Elementary

School for the City of Atlanta

$

Improvements to Iverson Park in the City of Atlanta $

Funding for materials at Warren T. Jackson Elementary

School for the City of Atlanta

$

Purchase materials at Walter F. White Elementary School

for the City of Atlanta

$

Repair patient elevator at Southwest Hospital in the City

of Atlanta

$

Purchase materials at Bazoline E.Usher Middle School in

the City of Atlanta

$

Support Metro Atlanta and statewide arts programming $

Renovate Candler Park bathhouse in the City of Atlanta $

6,000 20,000 1,500 1,000 125,000 1,000 30,000 1,000 1,000 4,000 20,000 1,000 1,500 1,000 25,000 1,000 15,000 1,000 1,000 150,000 2,500 15,000 50,000

682

JOURNAL OF THE SENATE

City of Atlanta

Simpson Road House of Hope for contractual services in

the City of Atlanta

$

City of Atlanta

Plant trees and cleanup graffiti in the Old Fourth Ward

Neighborhood in the City of Atlanta

$

City of Atlanta

Clark Atlanta University Youth Music in the City of

Atlanta

$

City of Atlanta

Contract for services with West Fulton Family Support

Center in the City of Atlanta

$

City of Atlanta

Bureau of Cultural Affairs for after-school cultural

program in the City of Atlanta

$

City of Atlanta

Aid in renovation of Slaton Elementary School in the

City of Atlanta

$

City of Atlanta-DCA Contract for services with Cascade United Methodist

Community Outreach Program in the City of Atlanta $

City of Augusta Expansion of Shirley Badke Retreat for families of burn

patients in the City of Augusta

$

City of Austell

Funds for roof repairs for Austell City Hall

$

City of Austell

Replace existing roof on Austell City Hall

$

City of Avera

Equipment purchases for the City of Avera

$

City of Avondale Improvements at Lake Avondale and construction of

Estates

walkway over dam in the City of Avondale

$

City of Baconton Purchase of benches and landscaping of grounds for

historic Victorian home owned by the City of Baconton $

City of Bainbridge Construction of handicap accessible sidewalks in the City

of Bainbridge

$

City of Bainbridge Purchase playground equipment for recreation program

in the City of Bainbridge

$

City of Blackshear Purchase equipment for multi-purpose facility in the City

of Blackshear

$

City of Blairsville Restoration of City Hall in the City of Blairsville

$

City of

Improvements to the drainage at Taylor Park, upgrade the

Bloomingdale

sprinkler system of the football field and construct a 150'

baseball/softball field

$

City of Boston

Fund the Streetscape Project in the City of Boston

$

City of Braselton Homeland Security funds for the City of Braselton

$

City of Bremen Funding for band and athletic facility improvements at

the City of Bremen High School

$

City of Bremen Recreation funds for the City of Bremen

$

City of Brooks

Recreation projects for the City of Brooks

$

City of Broxton Funding for maintenance equipment for parks and streets

in the City of Broxton

$

City of Brunswick Purchase a new snorkel for the City of Brunswick

$

28,000
4,800
15,000
10,000
25,000
4,500
50,000
10,000 25,000 25,000 6,000
25,000
7,500
10,000
15,000
5,000 10,000
25,000 25,000 5,000
13,000 20,000 15,000
15,000 30,000

WEDNESDAY, MARCH 5, 2003

683

City of Brunswick Fire department improvement and equipment for the City

of Brunswick

$

Haralson County Contract services for Haralson County Library

$

City of Buchanan Purchase equipment for the recreational department in

the City of Buchanan

$

City of Buchanan Recreation funds for the City of Buchanan

$

City of Byron

Repair old Byron gymnasium in the City of Byron

$

City of Cairo

Replacement of marquis on Zebulon Theater in the City

of Cairo

$

City of Cairo

Operation of theater in the City of Cairo

$

City of Camilla

Welcome Center renovation for the City of Camilla $

City of Camilla Continued renovation of Historic Depot project for the

City of Camilla

$

City of Canon

Renovation and equipment for the City of Canon City

Hall

$

City of Cartersville Funds to renovate baseball field and complex at the City

of Cartersville High School

$

City of Cave Spring Maintenance, operations and renovation of Fannin Hall

administration building for the Fannin Campus in the

City of Cave Springs

$

City of Cedartown Purchase lighting system for the City of Cedartown Civic

Auditorium

$

City of Cedartown Purchase lighting for the Cedartown Auditorium

$

City of Centerville Renovation to the current police station in the City of

Centerville

$

City of Chickamauga Renovations to the downtown area of Chickamauga for a

Beautification Project

$

City of Clarkston Contract for services with KHADIJALAND, Inc. for

cultural exchange program

$

City of Clarkston Start up of a multi-cultural youth soccer league for the

City of Clarkston

$

City of Clarkston Renovations to school in the City of Clarkston

$

City of Clarkston Beautification project for the City of Clarkston

$

City of Clayton Contract with Native American Warrior Society for aid

to all disabled veterans and low income families in the

City of Clayton

$

City of Cobbtown Renovations and new equipment for city recreation park

in the City of Cobbtown

$

City of Cochran Airport improvements in the City of Cochran

$

City of Collins

Purchase fire truck for the City of Collins

$

City of Colquitt Contract with Colquitt Miller Arts Council for cultural

programs in City of Colquitt

$

50,000 50,000
5,000 20,000 20,000
10,000 10,000 15,000
10,000
5,000
40,000
30,000
21,000 25,000
5,000
15,000
10,000
10,000 10,000 10,000
10,000
5,000 10,000 10,000
25,000

684

JOURNAL OF THE SENATE

City of Colquitt Complete renovation of tennis courts at recreational

complex in the City of Colquitt

$

City of Columbus Fund personal development/career enhancement

programs in the City of Columbus

$

City of Columbus Funding for community programs at South Westview

Against Drugs in the City of Columbus

$

City of Columbus Fund a non-profit educational and personal development

program in the City of Columbus

$

City of Columbus Funding for Community Alliance Organization which

implements programs for the underprivileged in the City

of Columbus

$

City of Columbus Assist non-profit organization providing housing for low

to moderate income families and individuals in the City

of Columbus

$

City of Columbus Establishment of City of Columbus community center

resources

$

City of Commerce Purchase surveillance system for the City of Commerce

High School

$

City of Concord Install early weather warning system for the City of

Concord

$

City of Concord Purchase Jaws of Life and 2 defibrillators for the City of

Concord

$

City of Conyers Renovation of historic Bald Rock Church building in the

Georgia International Horse Park in the City of Conyers

for use as a community center

$

City of Covington Purchase voice stress analyzer tester for the City of

Covington Police Department

$

City of Crawfordville Renovation of city hall and welcome center in the City of

Crawfordville

$

City of Dallas

Improvements to park in the City of Dallas

$

City of Dalton

Funding for the North West Georgia Girl's Home

operating expenses in the City of Dalton

$

City of Darien

Contract for services with the Howard Genesis House,

Inc. for services to homeless women in the City of Darien $

City of Darien

Renovate the upper level of the City Hall building in the

City of Darien

$

City of Dawson Computers and playground equipment for the City of

Dawson

$

City of Dawson Heating, air conditioning and rewiring of historic

Carnegie Library in the City of Dawson

$

City of Decatur Recondition bicycles and build yellow bike stations for

public use in City of Decatur

$

20,000 20,000 15,000 40,000
30,000
47,000 5,000 15,000 12,000 15,000
20,000 10,000 10,000 18,000 20,000 20,000 60,000 10,000 10,000
5,000

WEDNESDAY, MARCH 5, 2003

685

City of Doerun

Purchase land for City of Doerun Fire Department

$

City of Doerun

Construction of a chain link fence around electric sub-

station in the City of Doerun

$

City of Donalsonville Sidewalk improvements in the City of Donalsonville $

City of Douglas Purchase equipment for the City of Douglas Police

Department

$

City of Douglas Purchase portable speed detector for the City of Douglas

Police Department

$

City of Dublin

Operational funding for welcome center in City of

Dublin

$

City of Dublin

Stabilize the historic Fred Roberts Hotel building which

house Laurens County Senior Center in City of Dublin $

City of Dudley

Volunteer fire department equipment for the City of

Dudley

$

City of Dudley

Funding for centennial celebration in the City of Dudley $

City of East Point Contract for services with the East Point Police Athletic

League for at-risk youth programs in the City of East

Point

$

City of East Dublin Four tennis courts at Warnock Park in City of East

Dublin

$

City of East Point Contract for services with Women's Employment

Opportunity Project for computer literacy tennis courts

and walking trails program in the City of East Point

$

City of Eastman Building project for Eastman Developmental Authority $

City of Eatonton Renovation of the historic Madison Avenue School in the

City of Eatonton

$

City of Emerson Renovation of municipal building in the City of Emerson $

City of Euharlee Recreation and park improvements for the City of

`

Euharlee

$

City of Fairburn Purchase athletic equipment, uniforms and banquet

trophies for the City of Fairburn

$

City of Fitzgerald Construct a walking trail for senior citizens in the City of

Fitzgerald

$

City of Flemington Construct sidewalks near Joseph Martin Elementary

School in City of Flemington

$

City of Flovilla Assist with cost of fence around City of Flovilla

cemetery

$

City of Flovilla Recreation park development for the City of Flovilla $

City of Flovilla Provide fire and rescue equipment for City of Flovilla

Fire Department

$

City of Folkston Promote tourism and downtown revitalization in the City

of Folkston

$

10,000 7,500 10,000 3,000 3,000 5,000 5,000 5,000 2,500
25,000 10,000
20,000 25,000 15,000 28,000 20,000 25,000 10,000 30,000 10,000 5,000 10,000 5,000

686

JOURNAL OF THE SENATE

City of Forest Park Prepare a vehicle free pathway between the recreation

center and the senior center in the City of Forest Park $

City of Fort Valley Refurbish old school bus for the Boys and Girls Club in

City of Fort Valley

$

City of Fort Valley Assist in the renovation of the old theater building in the

City of Fort Valley

$

City of Fort

Provide funding for renovations to historic band stand in

Oglethorpe

the City of Fort Oglethorpe

$

City of Fort Valley Community revitalization project for the City of Fort

Valley

$

City of Franklin Professional service to codify City ordinances in the City

Springs

of Franklin Springs

$

City of Gainesville Improvements to athletic fields at Memorial Park Road

campus of Boys and Girls Club of Gainesville

$

City of Glennville Purchase lights for softball field in City of Glennville $

City of Glennville Upgrade equipment and park areas for the City of

Glennville Recreation Department

$

City of Gordon

Construction and landscape of a city park in the Town of

Gordon

$

City of Gough

Contract with Gough Improvement Assn., Inc. for

renovation of community center in City of Gough

$

City of Greensboro Contract for services with Greensboro Downtown

Development in the City of Greensboro

$

City of Guyton

Fund restoration of recreation gym for the City of Guyton $

City of Guyton

City of Guyton gym renovation to heating and air

conditioning

$

City of Hahira

Purchase of books and research resources for the Hahira

Public Library in City of Hahira

$

City of Hampton Construction of softball field in the City of Hampton $

City of Harlem

Purchase equipment for the Harlem Volunteer Fire

Department in the City of Harlem

$

City of Hartwell Complete the Hartwell Conference Center for the City of

Recreation

Hartwell Recreation Department

Department

$

City of Hawkinsville Maintenance and operation of the Opera House in City of

Hawkinsville

$

City of Hawkinsville Maintenance and operation of the M.E. Rhoden Library

in the City of Hawkinsville

$

City of Helena

Provide handicapped access for railroad station in the

City of Helena

$

City of Hinesville Construct a new fire station in the City of Hinesville $

25,000 12,000 25,000 15,000 12,000 5,000 10,000 10,000 3,000 5,000 10,000 10,000 5,000 20,000 5,000 15,000 5,000
75,000 10,000 12,000 10,000 9,000

WEDNESDAY, MARCH 5, 2003

687

City of Hinesville
City of Hinesville
City of Hoboken City of Homeland
City of Homerville City of Homerville
City of Ideal City of Jackson
City of Jakin
City of Jesup
City of Jonesboro
City of Jonesboro
City of Kennesaw
City of Kennesaw
City of Kennesaw
City of Keysville
City of Keysville City of Kingston
City of Kite
City of LaFayette City of LaFayette City of Lake City City of Lakeland City of Lakeland

Provide funding for the 11 Black Men of Liberty County

educational programs for the City of Hinesville

$

Contract for services with Eleven Black Men of Liberty

County, Inc. in the City of Hinesville

$

Recreation park improvements for the City of Hoboken $

Improvements to City of Homeland recreation

department walking track and ballfields

$

Expansion of softball field in City of Homerville

$

Restoration of the Homer Maddox home in the City of

Homerville

$

Purchase new water well for the City of Ideal

$

Purchase of fire and rescue equipment in the City of

Jackson

$

Construct stage adjoining the gazebo in the Jakin Park in

the City of Jakin

$

Improvements to McMillan Greenway Park in the City of

Jesup

$

Provide for a family park and sidewalk construction in

the City of Jonesboro

$

Provide for family park, walking track and restrooms in

City of Jonesboro

$

Construction of pedestrian crossing under CSX Railroad

in the City of Kennesaw

$

Funds for expansion of historic museum in the City of

Kennesaw

$

Parking improvements and installation of underground

utilities at Cauble/Acworth Beach in the City of

Kennesaw

$

Contract for services with Beyond The Ark Outreach

Ministries, Inc. for programs and services in City of

Keysville

$

Improvements to City of Keysville City Hall

$

Improvements to city park, recreation and museum in the

City of Kingston

$

Improvements and equipment for recreation complex in

the City of Kite

$

Piping and grading for drainage in the City of LaFayette $

Historic Monument in the City of LaFayette

$

Recreation enhancements in Lake City

$

Training equipment for the City of Lakeland

$

Creation of pedestrian bridge at Lake Erma in City of

Lakeland

$

10,000
5,000 5,000
5,000 10,000
30,000 15,000
10,000
6,000
5,000
10,000
15,000
5,000
35,000
10,000
15,000 15,000
20,000
5,000 15,000 15,000 25,000 8,000
10,000

688

JOURNAL OF THE SENATE

City of Lavonia Purchase radio equipment for City of Lavonia Police

Department

$

City of Lavonia Lighting and fencing for the city park in City of Lavonia $

City of Leary

Purchase of playground equipment for the City of Leary $

City of Leesburg Weather alert system for the City of Leesburg

$

City of Lenox

Remodel restrooms of the RESA facility in the City of

Lenox

$

City of Lilburn

Preservation and improvement of the community's green

space and downtown revitalization program in the City

of Lilburn

$

City of Lithonia Restore or replace the recreational facilities at the

existing city park in City of Lithonia

$

City of Loganville Main Street downtown sidewalk renovation project in the

City of Loganville

$

City of Ludowici Purchase a police car for the city of Ludowici

$

City of Lyons

Paving for additional parking spaces at the Lyons

Recreation Department in City of Lyons

$

City of Macon

Funds for walking trails, picnic areas at the Freedom

Park Complex in the City of Macon

$

City of Macon

Provide funds for sterilization program at the City of

Macon's Animal Shelter

$

City of Macon

Contract for services with Middle Georgia Tennis

Academy for after school tennis and tutorial program in

the City of Macon

$

City of Macon

Funding for the Bartlett Crossing Literacy and gang

prevention program in the City of Macon

$

City of Macon

Provide funds for the Mosely Women's Center for

operations in the City of Macon

$

City of Macon

Funding for the Tubman African American Museum

expansion project in the City of Macon

$

City of Macon

Provide funds for the Museum of Arts and Sciences in

the City of Macon

$

City of Marietta Support "Gone with the Wind" Movie Memorabilia

Museum in the City of Marietta

$

City of Marietta Purchase and install security cameras in Marietta Middle

Board of Education School

$

City of McDonough Purchase Breathing Air Compressor for City of

McDonough Fire Department

$

City of McRae

Purchase playground equipment for park in the City of

McRae

$

City of Meansville Construction of building to house fire truck for the City

of Meansville

$

12,000 20,000 5,000 20,000 15,000
10,000 5,000 5,000 10,000 5,000 25,000 5,000
20,000 5,000 50,000 50,000 50,000 10,000 20,000 15,000 15,000 10,000

WEDNESDAY, MARCH 5, 2003

689

City of Meigs

Construct a walking track in the City of Meigs

$

City of Menlo

Improvements to sidewalks, streets, and park in City of

Menlo

$

City of Metter

Implementation of 911 service in the City of

Metter/Candler County

$

City of Midville Contract for services with the Midville Community

Development and Outreach Center in the City of

Midville

$

City of Milan

Renovations to City of Milan Community Center

$

City of Milledgeville Funding for the Baldwin/Oconee River Greenway Project

in the City of Milledgeville

$

City of Milledgeville Purchase Case 590 backhoe for the City of Milledgeville $

City of Milledgeville Purchase generator for the City of Milledgeville

$

City of Milledgeville Funding to automate meter reading system in the City of

Milledgeville

$

City of Milledgeville Funds for programs at Boys and Girls Club in the City of

Milledgeville

$

City of Milledgeville Purchase chemical protective suits for the City of

Milledgeville Fire Department

$

City of Mitchell Funds to complete City of Mitchell Depot Restoration

Project

$

City of Montezuma Replace roof of Montezuma City Hall

$

City of Monticello Provide partial funding for playground equipment at

Funderburg Park in the City of Monticello

$

City of Monticello Funding for the City of Monticello's Funderburg Park

Project

$

City of Montrose Purchase equipment for the volunteer fire department in

the City of Montrose

$

City of Morgan Provide funding for park restroom facilities in the City of

Morgan

$

City of Mount

Central heating and air conditioning for the Northside

Vernon

Community Center project in the City of Mount Vernon $

City of Nahunta Construction improvement and equipment at City Hall in

the City of Nahunta

$

City of Nashville Completion of phase 2 universally accessible playground

in the City of Nashville

$

City of Newnan Purchase of hazardous material equipment for City of

Newnan Fire Department

$

City of Newnan City of Newnan Downtown Economic Development

Project

$

City of Newnan Achievers International Programs in the City of Newnan $

10,800 20,000 10,000
10,000 10,000 10,000 30,000 30,000 8,000 6,000 11,000 20,000 40,000
8,000 8,000 5,000 5,000 5,000 10,000 20,000 5,000 20,000 20,000

690

JOURNAL OF THE SENATE

City of Norman Park Purchase police department K-9 vehicle for the City of

Norman Park

$

City of Norman Park Replace tanker truck tank for the Norman Park Volunteer

Fire Department in the City of Norman Park

$

City of Ocilla

Repair poor acoustics in the Community House at the

City of Ocilla

$

City of Odum

Purchase equipment for the City of Odum

$

City of Oxford

Enhancement of city park adjacent to City Hall in the

City of Oxford

$

City of Palmetto Provide recreation equipment for the City of Palmetto $

City of Patterson Funds to pay for clean up of hazardous spill in City of

Patterson

$

City of Patterson Purchase office equipment for the City of Patterson

$

City of Pearson Safety and facility enhancement for sports/recreation in

City of Pearson

$

City of Pearson Purchase street and road maintenance equipment for the

City of Pearson

$

City of Pelham

Purchase of van for first respondent fire fighters in City

of Pelham

$

City of Pembroke Provide funding for old jail restoration in the City of

Pembroke

$

City of Pembroke Old Jail Welcome Center restoration in the City of

Pembroke

$

City of Pembroke Restore the interior of the historic downtown theater in

the City of Pembroke

$

City of Perry

Provide funds to Upton Perry Partnership for the Big

Indian Creek Development in the City of Perry

$

City of Perry

Replacement and installation of ballfield lighting at

Rozar Park in the City of Perry

$

City of Pine Lake Repairs to City Hall and paving of parking lot in the City

of Pine Lake

$

City of Pine Lake Purchase maintenance equipment for the City of Pine

Lake

$

City of Pine Lake Purchase equipment, software and provide training for

GCIC compliance in the City of Pine Lake

$

City of Pinehurst Purchase a maintenance truck for the City of Pinehurst $

City of Pineview Purchase water tank, pump house and a building for the

City of Pineview Fire Department

$

City of Pitts

Repair of gymnasium floor in recreation complex in the

City of Pitts

$

City of Plains

Repairs to City of Plains wastewater treatment plan

$

City of Plains

Refurbishment of railcar for the City of Plains

$

10,000
10,000
10,000 5,000
6,000 10,000
10,000 5,000
12,000
5,000
15,000
10,000
10,000
10,000
50,000
50,000
20,000
15,000
15,000 15,000
10,000
10,000 30,000 15,000

WEDNESDAY, MARCH 5, 2003

691

City of Portal

Purchase and renovate community center for City of

Portal

$

City of Poulan

Purchase fire and safety equipment for the City of Poulan $

City of Quitman New gym floor for the City of Quitman Recreation

Department

$

City of Quitman Athletic equipment for the City of Quitman Recreation

Department

$

City of Reidsville Purchase fire truck for City of Reidsville

$

City of Reidsville Plan and upgrade airport facilities in City of Reidsville $

City of Richland Provide funding for the downtown Street Scape Project

for the City of Richland

$

City of Richland Renovations of downtown City of Richland for the Street

Scape Project

$

City of Riverdale Funds to purchase playground equipment in the City of

Riverdale

$

City of Rochelle Removal of abandoned hazardous tank located in the

center of the City of Rochelle

$

City of Rochelle Purchase van for senior citizen center in the City of

Rochelle

$

City of Rockmart Purchase equipment for the City of Rockmart Civic

Auditorium

$

City of Rockmart Improvements to the little league field and equipment in

the City of Rockmart

$

City of Rockmart Purchase equipment for the City of Rockmart Fire

Department

$

City of Rome

Funding for sewer installation in the City of Rome

$

City of Rome

Repairs to Rome Little Theater in the City of Rome

$

City of Rome

Purchase a handicap van for the Network Day Service

Center in the City of Rome

$

City of Rome

Restoration funds for the Historic Clock and Tower in the

City of Rome

$

City of Rome

Contract for services with National Creative Society for

children's service programs in City of Rome

$

City of Rome

Funds for after-school mentoring program for 100 Black

Men of Rome

$

City of Rossville Downtown development in the City of Rossville

$

City of Sale City Purchase required computer software for the uniform

chart of accounts for Sale City

$

City of Sandersville Funding for improvements to the City of Sandersville

Recreation Department

$

City of Sardis

Purchase surveillance cameras for the City of Sardis

Police Department

$

10,000 5,000
15,000
10,000 10,000 25,000
20,000
10,000
10,000
10,000
20,000
5,000
25,000
10,000 15,000 15,000
20,000
20,000
20,000
10,000 15,000
6,750
10,000
5,000

692

JOURNAL OF THE SENATE

City of Savannah Purchase supplies, tools and books for renovation

projects at St. Paul Technical Center in the City of

Savannah

$

City of Savannah Recreational/neighborhood improvements for the East

Savannah Community Association in the City of

Savannah

$

City of Savannah Recreational/neighborhood improvements for Midtown

Neighborhood Association in the City of Savannah

$

City of Savannah Recreational/neighborhood improvements for

Nottingham Park Community Association in the City of

Savannah

$

City of Savannah Contract for services with Alpha Kappa Alpha Sorority

in the City of Savannah for after-school and pregnancy

prevention programs

$

City of Savannah Contracts for services with Greenbriar Children's Center,

Inc. in the City of Savannah for capital improvements on

campus

$

City of Savannah Provide funds for the Community Change for Youth

Development (CCYD) program in the City of Savannah $

City of Savannah Renovation and construction of residential cottages at

Greenbriar Children's Center in the City of Savannah $

City of Savannah Renovations to the drivers' license facility in the City of

Savannah

$

City of Savannah Savannah Association for the Blind

$

City of Screven Equipment purchase for the City of Screven

$

City of Shellman Renovation to the health clinic in the City of Shellman $

City of Smyrna Complete Veterans' Memorial in the City of Smyrna $

City of Social Circle Refurbish concession stand building and pavilion at

Stephens Park in the City of Social Circle

$

City of Soperton Provide funding for construction of commuter parking lot

in the City of Soperton

$

City of Soperton Renovation of recreation park facilities in the City of

Soperton

$

City of Stillmore Beautification project in the City of Stillmore

$

City of Stockbridge Park improvements in the City of Stockbridge

$

City of Stone

ART Station program in the City of Stone Mountain

Mountain

$

City of Stone

Purchase equipment and software for the City of Stone

Mountain

Mountain

$

City of Stone

Contract for services with ART Station, Inc. in the City

Mountain

of Stone Mountain for facility renovation

$

10,000
5,000 10,000
10,000
7,000
10,000 54,480 40,000 270,000 20,000 5,000 10,000 35,000 5,000 15,000 15,000 2,500 40,000 25,000 25,000 10,000

WEDNESDAY, MARCH 5, 2003

693

City of Summerville Purchase of AED for the City of Summerville Fire

Department

$

City of Swainsboro Downtown development for the City of Swainsboro

$

City of Swainsboro Renovations to City of Swainsboro City Hall

$

City of Swainsboro Repairs, renovations and equipment for Emanuel County

Arts Center in the City of Swainsboro

$

City of Swainsboro Improvements to recreation complex in City of

Swainsboro

$

City of Swainsboro Repairs, renovations and supplies for animal shelter in

City of Swainsboro

$

City of Sycamore Improve lots and deteriorating buildings in the City of

Sycamore

$

City of Sylvania Renovation of community center for the City of Sylvania $

City of Sylvania Repair to community center in the City of Sylvania

$

City of Sylvester Renovation and improvements to Jeffords Park in the

City of Sylvester

$

City of Talbotton Smith Hill Community Improvement Project and

realignment of Smith Hill Road/Highway 80 intersection

in the City of Talbotton

$

City of Talbotton Landscaping and park equipment for Kiddie Park in the

City of Talbotton

$

City of Tallapoosa Recreation funds for the City of Tallapoosa

$

City of Tallapoosa Purchase equipment for Haralson County Historical

Museum in the City of Tallapoosa

$

City of Tallapoosa Funds to construct a flag pole at the Scout House in the

City of Tallapoosa

$

City of Tallulah Falls Repair and correct water lines in the City of Tallulah

Falls

$

City of Temple

Recreation department projects for the City of Temple $

City of Tennille Funding for improvements to recreation facilities in the

City of Tennille

$

City of Tennille Equipment purchase for the City of Tennille

$

City of Thunderbolt Purchase First Response Vehicle for the Medical

Emergency Program for the City of Thunderbolt Fire

Department

$

City of Thunderbolt Contract for services with the Thunderbolt Museum

Society in the City of Thunderbolt

$

City of Tifton

Construction of water line in the City of Tifton

$

City of Tifton

Repairs, improvements and equipment for historic

downtown Tift Theater in City of Tifton

$

City of Tifton

Utility project for the City of Tifton

$

3,500 20,000 10,000
5,000
15,000
5,000
10,000 10,000 35,000
10,000
10,000
5,000 20,000
5,000
2,000
10,000 10,000
10,000 5,000
20,000
10,000 15,000
5,000 36,000

694

JOURNAL OF THE SENATE

City of Twin City Purchase of equipment for fire department in the City of

Twin City

$

City of Ty Ty

Improvements to central city park area in the City of

TyTy

$

City of Tybee Island Construction of a pedestrian park in the City of Tybee

Island

$

City of Tybee Island Tybee Island Recreation Feasibility Study

$

City of Unadilla Renovation of old city buildings on Front Street in

downtown City of Unadilla

$

City of Valdosta Maintenance and repairs for Valdosta/Lowndes County

Arts Commission

$

City of Valdosta Repairs to Lowndes County Historical Society

$

City of Valdosta Purchase furniture, equipment and supplies for Southside

Library in Valdosta

$

City of Valdosta Contract for services with the Valdosta Food Bank

$

City of Valdosta Contract with Valdosta Boys and Girls Club for after

school programs in the City of Valdosta

$

City of Valdosta Community Based Children's Advocacy Center in the

City of Valdosta

$

City of Valdosta Contract with LAMP, Inc. to provide transitional housing

program for women and children in the City of Valdosta $

City of Valdosta Renovation to City of Valdosta's Oldest House, the

Robert House

$

City of Valdosta Purchase books and equipment for the South Georgia

Regional Library in the City of Valdosta

$

City of Vidalia

Improvements to walking trail at the Ed Smith Complex

in Vidalia County

$

City of Villa Rica Recreation department projects for the City of Villa Rica $

City of Wadley

Equipment purchase for the City of Wadley Volunteer

Fire Department

$

City of Wadley Purchase truck and equipment for the City of Wadley $

City of Wadley Purchase a trash truck for the City of Wadley

$

City of Walthourville Purchase supplies for the Walthourville Summer

Enrichment Program in the City of Walthourville

$

City of Warner

Operation of the Air Force Museum in the City of

Robins

Warner Robins

$

City of Warwick Purchase radio and law enforcement equipment for police

vehicles for the City of Warwick

$

City of Washington Contract for services with Washington/Wilkes Family

Connection for Jump Start Early Intervention Program in

the City of Washington

$

10,000 5,000 35,000 25,000 15,000 5,000 3,000 5,000 10,000 5,000 10,000 5,000 15,000 20,000 5,000 10,000 5,000 10,000 4,000 7,300 90,000 5,000
10,000

WEDNESDAY, MARCH 5, 2003

695

City of Watkinsville Landscape the Hershel B. Harris Garden and Harris

Shoals Park in the City of Watkinsville

$

City of Waycross Renovations and restoration to the Ritz Theater in the

City of Waycross

$

City of Waycross Purchase computers for the Drug Action Council's Weed

and Seed Program in City of Waycross

$

City of Waynesboro Replace and purchase new playground equipment,

computer and educational materials for the Childcare

Center in City of Waynesboro

$

City of Willacoochee Purchase playground equipment for the city Kiddie Park

in the City of Willacoochee

$

City of Woodland Safety improvements to City Park in the City of

Woodland

$

City of Wrightsville Improvements to West View Cemetery in the City of

Wrightsville

$

City of Wrightsville Purchase equipment for fire department in the City of

Wrightsville

$

City Of Cave Springs Funding for street and sewer construction in the City of

Cave Springs

$

City Of White

Purchase volunteer fire department supplies for the City

of White

$

Clark County

Northeast Georgia Regional Center for Independent

Living in Clark County

$

Clay County

Planning, mapping, addressing, and implementing of

enhanced 911 system in Clay County

$

Clayton County Athletic equipment, fine arts program and band programs

Board of Education for North Clayton High in Clayton County

$

Clayton County Athletic equipment, fine arts program and band programs

Board of Education for Church St Elementary in Clayton County

$

Clayton County Athletic equipment, fine arts program and band programs

Board of Education for Oliver Elementary in Clayton County

$

Clayton County Athletic equipment, fine arts program and band programs

Board of Education for Northcutt Elementary School in Clayton County

$

Clayton County Athletic equipment, fine arts program and band programs

Board of Education for North Clayton Middle School in Clayton County $

Clayton County Athletic equipment, fine arts program and band programs

Board of Education for West Clayton Elementary School in Clayton County $

Clayton County Support school operation resources for Robert Smith

Board of Education Elementary PTA for Clayton County

$

Clayton County Support school operation resources for McGarrah

Board of Education Elementary PTA in Clayton County

$

5,000 10,000 2,500
5,000 10,000 10,000 10,000 15,000 15,000 9,000 107,540 15,000 5,000 5,000 5,000 5,000 5,000 5,000 1,000 1,000

696

JOURNAL OF THE SENATE

Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Clayton County Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County
Clayton County
Clayton County
Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County
Clayton County

Support resources for the school operation for M.D.

Roberts PTA in Clayton County

$

Support school operations resources for Jonesboro High

School PTA in Clayton County

$

Support school operation resources for Arnold

Elementary PTA in Clayton County

$

Support school operation resources at Mt. Zion High

School PTA in Clayton County

$

Support school operation resources for Morrow Middle

School PTA in Clayton County

$

Support school operation resources for Adamson Middle

School PTA in Clayton County

$

Support school operation resources for the Jonesboro

Middle School PTA in Clayton County

$

Enhancements for Jesters Creek Trail in Clayton County $

Park enhancements in East Clayton County

$

Support operation resources for Morrow High School in

Clayton County

$

Technology improvements for Carrie D. Kendrick

Middle School in Clayton County

$

Purchase books and technology for Pointe South

Elementary in Clayton County

$

Purchase 15 passenger van for Rainbow House

Emergency Shelter in Clayton County

$

Purchase training tools, safety and office equipment for

the Forest Park Athletic Assn. in Clayton County

$

Operating funds and HUD match for Calvary Refuge in

Clayton County

$

Purchase software and peripherals for the Riverdale

Elementary School in Clayton County

$

Replace playground equipment at Brown Elementary

School in Clayton County

$

Weight room modifications and weight room equipment

at Lovejoy High School in Clayton County

$

Support school operation resources for Mt. Zion

Elementary PTA in Clayton County

$

Provide a food pantry and help center through the

Clayton County Commission

$

Provide for computer and research equipment for

Evening High School in Clayton County

$

4,000 1,000 1,000 1,000 1,000 1,000 1,000 25,000 25,000 1,000 5,000 5,000 10,000 10,000 30,000 5,000 10,000 10,000 1,000 10,000 10,000

WEDNESDAY, MARCH 5, 2003

697

Clayton County Board of Commissioners Clayton County Commission
Clayton County Board of Education Clayton County Board of Commissioners Clayton County
Clayton County
Clayton County
Clayton County
Clayton County
Clayton County
Clayton County
Clayton County
Clayton County Board of Education Clayton County Voter Registration Clinch County
Cobb County
Cobb County
Cobb County
Cobb County

Repairs and Renovations of the Clayton County

Alzheimer Center

$

Funds for a study on the use of the Atlanta Farmer's

Market and how it should be developed in future years in

Clayton County

$

Repairs and renovation of athletic fields at Forest Park

High School in Clayton County

$

Funds to continue program goals for the Youth

Empowerment Project in Clayton County

$

Funds for computer and research equipment for Morrow

High School in Clayton County

$

Purchase computer and research equipment for North

Clayton High School in Clayton County

$

Funds for computer and research equipment for Mt. Zion

High School in Clayton County

$

Provide for an after-school intervention program in

Clayton County

$

Funds for computer equipment for Jonesboro High

School in Clayton County

$

Funds for computer and research equipment for Lovejoy

High School in Clayton County

$

Provide for computer and research equipment for

Riverdale High School in Clayton County

$

Funds for computer and research equipment for Forest

Park High School in Clayton County

$

Purchase band uniforms for Mundy's Mill High School

for Clayton County Board of Education

$

Purchase computer software for Clayton County Voter

Registration Office

$

Purchase computer and research resources for Huxford

Genealogical Library in Clinch County

$

Install handicap ramps and handicap restroom upgrades

for South Cobb Community Center in Cobb County

$

Purchase of playground equipment for Young Family

Community Resource Center in Cobb County

$

Purchase of medical supplies for Smyrna Community

Health Center in Cobb County

$

Funding for materials at Nickajack Elementary School in

Cobb County

$

25,000
25,000 20,000
25,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 20,000 18,700 15,000 16,500 15,000 12,000 1,000

698

JOURNAL OF THE SENATE

Cobb County

Funding for student uniforms at Pebblebrook High

School in Cobb County

$

Cobb County

Funding for materials at Lindley Middle School in Cobb

County

$

Cobb County

Construct a storage facility, batting cage and dugouts at

Harrison High School in Cobb County

$

Cobb County

Construct facility for fast pitch program at Walton High

School in the City of Marietta

$

Cobb County

Construct bleachers on softball field and on visitor's side

Board of Education of baseball field at Osborne High School in Cobb County $

Cobb County

Fund position for bi-lingual family services coordinator

Board of Education at Birney Elementary School in Cobb County

$

Cobb County

Computers and books needed for technology media

Board of Education center at Campbell High School in Cobb County

$

Cobb County

Purchase two copiers and to complete a playground for

Board of Education the Brown Elementary School in Cobb County

$

Cobb County

Purchase computers, physical ed equipment and provide

Board of Education summer programs at Griffin Middle School in Cobb

County

$

Cobb County Board Laptop computers and books for the media center at

of Education

Norton Park Elementary in Cobb County

$

Cobb County Board Purchase books and materials for bookmobile for

of Education

Belmont Elementary School in Cobb County

$

Cobb County

Purchase computers and printers at Nickajack

Board of Education Elementary in Cobb County

$

Cobb County

Provide for computer software and training in Cobb

Board of Education County for Cobb County Board of Education

$

Cobb County

ESOL materials and tech support staff member for Floyd

Board of Education Middle School in Cobb County

$

Cobb County

Purchase and installation of 15 desktop computers for

Board of Education Campbell Middle School in Cobb County

$

Cobb County

Purchase of lockers for the football field house at Kell

Board of Education High School in Cobb County

$

Cobb County

Purchase and install security system at Campbell High

Board of Education School for Cobb County Board of Education

$

Coffee County

Assist in equipment for Wilsonville Volunteer Fire

Commissioners District station in Coffee County

$

Coffee County

Highway 441 Economic Development Council,

Incorporated

$

Coffee County

Construct volunteer fire station for the Wilsonville

Commissioners community in Coffee County

$

6,000 2,000 14,500 50,000 15,000 5,000 5,000 5,000
5,000 5,000 5,000 5,000 6,488 5,000 10,000 10,000 20,000 10,000 60,000 10,000

WEDNESDAY, MARCH 5, 2003

699

Coffee County

Purchase playground equipment for Nicholls Elementary

School in Coffee County

$

Coffee County Board Purchase of mats and weights for Coffee Middle School

of Education

in Coffee Board of Education

$

Colquitt County Improvements in the Culbertson Community Volunteer

Fire Department in Colquitt County

$

Columbia

Athletic Improvements for Evans High School in

Board of Education Columbia County

$

Columbia Board of Technology improvements for Blue Ridge Elementary in

Education

Columbia County

$

Columbia County Field improvements for Martinez Evans Little League in

Columbia County

$

Columbia County Outdoor classroom for the Westmont Elementary in

Board of Education Columbia County

$

Columbia County Athletic Improvements for the Greenbriar High School in

Board of Education Columbia County

$

Columbia County Athletic improvements for Lakeside High School in

Board of Education Columbia County

$

Columbia County Sheriff's Office Summer Camp program in Columbia

County

$

Columbia County Refurbish the historical Crawford Cemetery in Columbia

County

$

Columbus

Funding for the Positive Parenting/Play and Learn

Consolidated

Together Program/ Teenage Parenting Program in

Government

Columbus/Muscogee County

$

Columbus

Contract for services with Urban League of Greater

Consolidated

Columbus for Youth Challenge Project

Government

$

Columbus

Contract for services with Columbus Community Central

Consolidated

for outreach program in Columbus

Government

$

Columbus

Contract for services with Port Columbus Civil War

Consolidated

Navel in Columbus/Muscogee County

Government

$

Columbus

Contract for services with the Boys and Girls Clubs of

Consolidated

Columbus for Columbus/Muscogee County

Government

$

Columbus

Contract for services with Metropolitan Columbus Task

Consolidated

Force for Columbus/Muscogee County

Government

$

15,000 10,000 10,000 10,000
5,000 10,000 5,000 10,000 10,000 15,000 15,000
10,000
20,000
25,000
100,000
120,000
20,000

700

JOURNAL OF THE SENATE

Columbus Consolidated Government Columbus Consolidated Government Columbus Consolidated Government Columbus Consolidated Government Columbus Consolidated Government Columbus Consolidated Government Columbus Consolidated Government Columbus Consolidated Government Columbus Consolidated Government Columbus Consolidated Government County of Emanuel Coweta County Board of Education Crawford County
Crawford County
Crawford County Crawford County
Crawford County Commission

Contract for services with Combined Communities of

S.E. Columbus for tutorial program for at-risk youth

$

Contract for services with Community Health Center of

South Columbus, Inc.

$

Contract for services with Men of Action, Inc. for

programs at Farley Homes in Columbus

$

Athletic field renovations at North Gwinnett High School

in Gwinnett County

$

Contract with Two Thousand Opportunities Inc. to

provide jobs for at-risk youth and startup businesses in

Columbus

$

Contract with 100 Black Men of Columbus for youth

mentoring program in the City of Columbus

$

Contract for services with Project Rebound for

community based intervention program for students at-

risk in Columbus

$

Recreation grant to assist with recruitment of youth and

student activities for recreation department and South

Commons/FCC, Inc. in Columbus

$

Provide Welcome Center in Columbus/Muscogee County

$

Contract with Kay Community Service Center for a

sheltered workshop in Fort Valley

$

Upgrade rural fire departments in Emanuel County

$

Enhance Coweta County's Adult Literacy Program

$

Contract with Boys and Girls Club of Peach County for

building improvements in Crawford County

$

Purchase equipment for volunteer fire department for

Crawford County

$

Purchase furniture for new Crawford County Courthouse $

Purchase of ambulance and renovations to EMS

headquarters in Crawford County

$

Aid in construction costs for the completion of the

Crawford County Courthouse

$

20,000
20,000
15,000
20,000
65,000
15,000
5,000
50,000
10,000
48,000 10,000 10,000 5,000 6,500 15,000 35,000 25,000

Crisp/Cordele County IDA Crisp County Commission Dade County Decatur County Decatur County Decatur County Decatur County Decatur County Decatur County Dekalb County
Dekalb County
Dekalb County Dekalb County
Dekalb County Dekalb County Dekalb County Dekalb County DeKalb County DeKalb County

WEDNESDAY, MARCH 5, 2003

701

Assist in constructing a monument at the Friends of

Georgia Veterans' Memorial State Park in the City of

Cordele

$

Renovation of a county building to be used to start

classes at Darton College in City of Cordele

$

Construction of Veterans' Memorial Park in Dade

County

$

Renovation of building for crime scene processing

laboratory in Decatur County

$

Renovation of building for crime scene processing

laboratory in Decatur County

$

Purchase fire fighting equipment for Decatur County $

Purchase pick up truck for the Decatur County Sheriff's

Department Deputy Auxiliary Force

$

Construct an additional building for the Fowlstown Fire

Department in Decatur County

$

Crime Scene Processing building in Decatur County $

Contract for services with Green Forest Community

Development, Inc. for a Pre-School/Early Childhood

Technology Program in DeKalb County

$

Contract for services with Oakhurst Medical Center for a

Stroke, Diabetes Education/prevention program in

DeKalb County

$

Lighting for Shoal Creek Park on McAfee Drive in

DeKalb County

$

Neighborhood Clean/Beautiful Programs for White Oak

Hills and Midway Woods Neighborhood Association in

DeKalb County

$

Fund Delta Life Development Center Programs in

Dekalb County

$

Funding for Life Skills for Tomorrow Program in Dekalb

County

$

Provide funding for Leadership Academy in Dekalb

County

$

Funding for playground for Brookrun Park in Dekalb

County

$

Renovation and outdoor lighting for Briarwood

Recreation Center in DeKalb County

$

Fill in dangerous ditches and sidewalk construction on

LaVista Road in unincorporated DeKalb County from

Atlanta City line to Citadel Road

$

50,000 10,000 20,000 10,000 6,000 10,000 10,000 1,000 16,000
30,000
15,000 10,000
2,000 35,000 50,000 80,000 50,000 10,000
20,000

702

JOURNAL OF THE SENATE

DeKalb County DeKalb County DeKalb County DeKalb County DeKalb County
DeKalb County DeKalb County
DeKalb County Board of Education DeKalb County
DeKalb County Board of Education DeKalb County DeKalb County DeKalb County DeKalb County
DeKalb County Board of Education
DeKalb County
DeKalb County

Re-engineer dangerous intersection Briarcliff Road,

Johnson Road and Zonolite Road in DeKalb County $

Contract for services with the Push Push Theater of

DeKalb County

$

Contract for services with IAM, Inc. for after-school

tutoring/mentoring program in DeKalb County

$

Improvements to Rock Chapel Park in DeKalb County $

Purchase of art supplies for youth programs for

Conyers/Rockdale Council for the Arts in Rockdale

County

$

Restore and protect Burnt Fork Creek and its watershed

in DeKalb County

$

Contract for services with Bethel Enterprises, Inc to

provide after school tutoring/mentoring program in

DeKalb/Rockdale County

$

Purchase band instruments for students at Stoneview

Elementary School in DeKalb County

$

Program assistance for Browns Mill Park/DeKalb Yellow

Jacket Football/Cheerleading Programs in DeKalb

County

$

Contract with Robert Shaw Theme School for summer

program in DeKalb County

$

Contract for services with the Frazer Center in DeKalb

County

$

Building and grounds improvements for Murphey

Candler

$

Field renovation for girls softball field at Murphey

Candler Park in DeKalb County

$

Contract for services with South DeKalb Improvement

Initiative to staff and supply SLAM Saturday tutorial

sessions

$

Purchase library books for Hambrick, Idlewood, Stone

Mill, Shadow Rock, Pine Ridge, Redan, Wynnebrooke,

Stephenson Middle, Stephenson High School, Stone

Mountain High School, and Smoke Rise in DeKalb

County

$

Contract for services with the South DeKalb

Improvement Initiative for tutorial programs in DeKalb

County

$

Contract for service with South DeKalb Improvement

Initiative for senior adult services in DeKalb County $

10,000 10,000 5,000 8,500
7,000 5,000
4,500 5,000
10,000 5,000 30,000 5,000 5,000
45,000
11,000
30,000 20,000

WEDNESDAY, MARCH 5, 2003

703

DeKalb County Board of Education
DeKalb County
DeKalb County
DeKalb County Board of Education DeKalb County Board of Education DeKalb County Board of Education
DeKalb County Board of Education
DeKalb County Board of Education
DeKalb County Board of Education DeKalb County Board of Education
DeKalb County
DeKalb County Board of Education
DeKalb County
DeKalb County

Library books for Kelly Lake Elementary, Meadowview

Elementary, Tilson Elementary, Gresham Park, Cedar

Grove Elementary, Cedar Grove Middle, Flat Shoals

Elementary, Sky Haven Grove Elementary, Cedar Grove

Middle, Flat Shoals Elementary, Sky Haven Elementary,

Leslie J. Steel Elementary, McNair Middle, McNair

High, and Cedar Grove High in DeKalb County

$

Contract with Georgia Community Support and Solutions

for services to emotionally disturbed children in DeKalb

County

$

Provide for comprehensive youth service program in

Scottdale Community in DeKalb County

$

Assist PTA honors programs at Snapfinger, Woodridge

and Rainbow Elementary Schools in DeKalb County $

Assist PTA with honors programs at Rowland, Atherton

and Canby Lane Elementary Schools in DeKalb County $

Assist PTA with honors programs at Glen Haven,

M.L.King Jr. High School and Salem Middle School in

DeKalb County

$

Assist PTA repair and purchase band uniforms and

instruments at Southwest DeKalb High in DeKalb

County

$

Assist PTA to repair and purchase band uniforms and

instruments for Columbia High School in DeKalb

County

$

Assist PTA to repair and purchase band uniforms and

instruments for Towers High School in DeKalb County $

Assist PTA organizations with honors programs at

Browns Mill, Bob Mathis and Miller Grove Elementary

Schools in DeKalb County

$

Contract for services with Black Women's Coalition of

Atlanta for tutorial, education and after-school care

programs in DeKalb County

$

Assist PTA organizations with honors programs at Mary

McLeod Bethune Middle School and Chapel Hill Middle

School in DeKalb County

$

Beautification grants for district homeowners in DeKalb

County

$

Contract for services with Wonderland Gardens in

DeKalb County

$

15,000
44,000 15,000 2,000 1,500
1,500
6,000
6,000 6,000
1,500
20,000
1,000 30,000 20,000

704

JOURNAL OF THE SENATE

DeKalb County Beautification projects at Worthington, Autumn Hills,

Emerald Estates, and Springwood communities in

DeKalb County

$

DeKalb County Beautification projects at Pendley Hills, Sherrington,

Spring Valley, and The Crossing communities in DeKalb

County

$

DeKalb County Beautification projects at Easterwood, Columbia Valley,

Columbia Crossing, and Glenwood communities in

DeKalb County

$

DeKalb County Beautification projects at Glen Mar, Leisure Valley,

Hidden Hills, and Rainbow Creek communities in

DeKalb County

$

DeKalb County Beautification projects at Leslie Estates, Sherwood Oaks,

Hunters Hill, and Wyndam Park communities in DeKalb

County

$

DeKalb County Arts Station Summer Program in DeKalb County

$

DeKalb County Provide a customer service institute for Victory Outreach

Empowerment Program in Dekalb County

$

DeKalb County Improve Civic Club building in Dekalb County

$

DeKalb County Purchase landscaping supplies and gate for Dekalb

County Civic Association

$

DeKalb County Provide funding for Dekalb County Computer Literacy

Program

$

DeKalb County Funding for KHADIJALAND operating expenses in

Dekalb County

$

DeKalb County Purchase athletic equipment for the disabled youth of

Dekalb County

$

DeKalb County Construction of playground at BrookRun in DeKalb

County

$

DeKalb County Beautification projects for Hidden Hills, Meadows,

Southland, Mountain, Deer Creek, Fontaine, Fontaine

East, and PTA enhancements for Redan, Miller Grove

and Stevenson High School in DeKalb County

$

DeKalb County Coalition of Concerned Africans, Inc. in DeKalb County $

Dodge County

Equipment money for the Plainfield fire department in

Dodge County

$

Dodge County

Dodge County Courthouse renovation

$

Dodge County Board Bus driver break room improvement for Dodge County

of Education

Board of Education

$

Dooly County

Dooly County Recreation Department for maintenance

and operation

$

4,000
5,000
6,000
4,000
4,000 15,000 20,000 15,000 7,200 10,000 20,000 10,000 15,000
10,000 5,000 3,000 5,000 3,000 10,000

WEDNESDAY, MARCH 5, 2003

705

Dooly County
Dougherty County
Dougherty County Commissioners
Dougherty County Commissioner Douglas County
Douglas County
Douglas County Board of Education Douglas County
Douglas County Board of Commissioners Douglas County School System Dublin City Board of Education Dublin City Board of Education Dublin City Board of Education Dublin/Laurens County Recreation Authority City of Eastman
Early County Commission
Eastman/Dodge Development Authority Eatonton City Council

Replace fire truck for City of Byromville in Dooly

County

$

Contract for services with Dougherty County Community

Coalition for senior day care in Dougherty County

$

Contract for services with South Albany Family

Enrichment Center to encourage business growth and

development in Dougherty County

$

Shelter and feed the homeless at Zion's Outreach

Program in Dougherty County

$

Establish an emergency operations center for new

Douglas County EMA

$

Thermal Imaging Camera for the Douglas County Fire

Department

$

Summer remediation program for Douglas County

middle school students

$

Purchase food and other supplies for Douglas County

Food Bank

$

Purchase equipment for the Douglas County Government

Access Channel

$

Improve playground equipment for Eastside Elementary

in Douglas County

$

Renovation of bathroom facilities at Shamrock Bowl in

the City of Dublin

$

Purchase band uniforms for Dublin High School for the

Dublin City Board of Education

$

Purchase band uniforms for Dublin High School in City

of Dublin

$

Lighting for fields for Dublin Laurens County Recreation

Authority

$

Funds for the Boys and Girls Club for the City of

Eastman

$

Fund expenses associated with seeking a power

generating plant for the Economic Development

Authority in Early County

$

Construction project for Eastman/Dodge Development

Authority

$

Funding to further enhance the Alice Walker Street

Project in the City of Eatonton

$

30,000 10,000
5,000 5,000 7,000 10,000 10,000 20,000 20,000
10,000 5,000 10,000 10,000
5,000 12,000
25,000
25,000 10,000

706

JOURNAL OF THE SENATE

Echols County

Purchase eleven air pacs for the Echols County Volunteer

Fire Department

$

Effingham County Playground equipment for Clyo Community Park in

Effingham County

$

Effingham County Furniture for new Ebenezer Middle School in Effingham

Board of Education County

$

Effingham County Sand Hill Elementary School playground equipment for

Board of Education disabled in Effingham County

$

Effingham County Funding for Veterans' Park in Effingham County

$

Effingham County Construction of Veterans' Park in Effingham County $

Emanuel County Equipment and supplies for Franklin Memorial Library in

Emanuel County

$

Emanuel County Improvements to the Emanuel County Courthouse

$

Evans County

Enhancements to Industrial Park in Evans County

$

Evans County

Provide for industrial park landscaping for Claxton in

Commission

Evans County

$

Evans County Board Funds to rehabilitate school building for Evans County

of Education

Board of Education

$

Fannin County

Provide crew from Union C.I. to maintain park and clean

bank area in Fannin County

$

Fannin County

Park amenities to include restrooms and roads to ballpark

in Fannin County

$

Fannin County Board Purchase educational supplies for West Fannin

of Education

Elementary in Fannin County

$

15,000
15,000
10,000
10,000 20,000 10,000
10,000 20,000 10,000
10,000
10,000
25,000
30,000
10,000

Fannin County Board Purchase gravel to extend parking for Fannin County

of Education

Head Start program

$

Fayette County Funds supporting the Foundation de Manana program in

Fayette County

$

Floyd County

Construction of access road to the new Pirelli Plant in the

Floyd County

$

Floyd County

Provide driveway accessibility for ASL Archer Co Plant

in Floyd County

$

Floyd County

Provide funds for education program at Chieftains

Museum in Floyd County

$

Floyd County

Provide language programs to the Latin/Hispanic

population at Floyd College in Floyd County

$

Floyd County

Fund expenses and equipment at Camp Good Times in

Floyd County

$

Floyd County

Fund video production project at Coosa High School in

Floyd County

$

5,000 10,000 25,000 20,000 15,000 25,000 15,000 10,000

WEDNESDAY, MARCH 5, 2003

707

Floyd County

Construct a multi-purpose "Classroom in the Wild"

Board of Education building at Coosa Middle School in Floyd County

$

Floyd County

Outdoor activities project at the Pepperell Middle

Board of Education Schools in Floyd County

$

Floyd County

Construct memorial athletic field for 4th and 5th graders

Board of Education at Pepperell Elementary in Floyd County

$

Forsyth County Renovation of the Forsyth County Chamber of

Commerce

$

Forsyth County Funding for school programs in Forsyth County

$

Franklin County Franklin County Recreation Park

$

Franklin County Paving for Franklin County High School Agriculture

Board of Education Center

$

Franklin County Building and equipment for Red Hill, Bold Springs,

Double Churches, Five Acre, Lyons and Sandy Cross

Fire Departments in the Franklin County

$

Franklin County Building and equipment for Red Hill, Bold Springs,

Double Churches, Five Acre, Lyons, and Sandy Cross

Fire Department in Franklin County

$

Fulton County

Construction of an outdoor environmental classroom at

Abbots Hill Elementary School in Fulton County

$

Fulton County

Purchase of computers and software for the Harriett G.

Darnell Multi-purpose facility in Fulton County

$

Fulton County

Contract for services with Quality Living Services, Inc.

in Fulton County

$

12,500 25,000 10,000 25,000 25,000 15,000 10,000
20,000
10,000 15,000 25,000 45,000

Fulton County

Funds for "Listen Up", a drug prevention and education

program in Fulton County

$

Fulton County

Funding for ceiling repair of the Kappa Omega

Foundation facility in the City of Atlanta

$

Fulton County

Provide computer and research equipment for Creekside

High School in Fulton County

$

Fulton County

Provide funding for the KidsGym USA program in

Fulton County

$

Fulton County Board Development of an outdoor classroom for Roswell North

of Education

Elementary School in Fulton County

$

Fulton County Board Outdoor classroom at the Taylor Road Middle School in

of Education

Fulton County

$

Fulton County Board Contract with Connection, Inc. for victory over violence

of Education

activities in south Fulton County schools

$

Fulton County Board Create science lab at Finidley Oaks Elementary School in

of Education

Fulton County

$

25,000 60,000 10,000 25,000 10,000 15,000 10,000 15,000

708

JOURNAL OF THE SENATE

Fulton County Board Contract with K.I.D.D.S. Dance Project, Inc. in Fulton

of Education

County

$

Georgia Tech

Funding for a joint policy institute between Georgia Tech

and Morehouse College

$

Glascock County Complete renovation of courthouse annex in Glascock

County

$

Glynn County

Installation of outdoor lighting for the Animal Control

facility in Brunswick

$

Glynn County Board Animal Control facility parking lot lighting for Glynn

of Commissioners County

$

Grady County

Construct new cover for Thomas/Grady County Mental

Health Center for handicapped recreational outdoor

pavilion in Grady County

$

Grady County

Renovation and improvements to Wayside Community

Center in Grady County

$

Grady County

Building construction and equipment purchases for the

Midway Fire Department in Grady County

$

Grady County Board Funds to enhance tennis courts, add lights and make

of Education

other improvements to the softball field at the Cairo High

School in Grady County

$

Greene County

Equipment and display cases at Abram Colby Decorative

Arts Gallery in Greene County

$

Greene County

Renovation of historic old jail in Greensboro for museum

in Greene County

$

Greene County

Feasibility study to determine healthcare system options

for Greene, Morgan, Putnam Region

$

Greene County

Funding for old jail restoration project in Greene County $

Gwinnett

Provide funds to allow Aurora Theater performances in

Community

elementary schools in Gwinnett County

Foundation

$

Gwinnett County Athletic Department stadium project at Grayson High

Board of Education School in Gwinnett County

$

Gwinnett County Contract for services with Creative Enterprises for

construction of Phase II Expansion of the Day

Habilitation Program in Gwinnett County

$

Gwinnett County Renovation of Athletic facilities at Duluth High School

Board of Education in Gwinnett County

$

Gwinnett County Creative Enterprises

$

Gwinnett County Asphalt walking track around playground at Mountain

Park Elementary School in Gwinnett County

$

Hall County

Create walking trail in Tadmore Park in Hall County $

10,000 75,000 10,000 5,000 5,000
10,000 10,000 10,000
10,000 2,000 15,000 10,000 10,000
10,000 5,000
25,000 20,000 50,000 20,000 15,000

WEDNESDAY, MARCH 5, 2003

709

Hall County Board Playground equipment for White Sulphur Elementary

of Education

School in Hall County

$

Hancock Board of Purchase a vehicle and equipment for East Lake Sinclair

Commissioners Fire Department in Hancock County

$

Hancock County Funds needed to purchase firefighting equipment and

supplies for Sparta/Hancock County Fire Department $

Hancock County Develop hydroponic garden at M.E. Lewis Elementary in

Board of Education Hancock County

$

Haralson County Contract services for Family Connections Haralson

County

$

Haralson County Contract services for Lamp Program in Haralson County $

Haralson County Recreation funds for Haralson County Recreation

Department

$

Haralson County Fund programs and curriculum for Haralson County

Family Support Programs

$

Haralson County Fund programs and curriculum for Haralson County

Family Connection

$

Haralson County Purchase athletic equipment for Haralson County High

School

$

Hart County

Paving for Hart County Public Safety Training facility $

Hart County

Emergency equipment (defibrillator) for Hart County

Fire Department

$

Heard County

Recreation department projects for Heard County

$

Heard County

Purchase bullet proof vests for every law enforcement

officer in Heard County Sheriff's Department and City of

Franklin Police Department

$

Heard County Board Purchase two computer labs at Centralhatchee and

of Education

Ephesus Elementary Schools in Heard County

$

Heart of Georgia Provide youth programs and air show at the Heart of

Airport Authority Georgia Airport Authority

$

Henry County

General repair and maintenance of shelter facilities at A

Friend's House in Henry County

$

Henry County Board Purchase office equipment for Henry County Sheriff's

of Commissioners Office

$

Henry County Board Purchase new books for Austin Road Middle School

of Education

Library in Henry County

$

Henry County Board Purchase books and other media items for Union Grove

of Education

High School in Henry County

$

Henry County Board Purchase books and other media items for Cotton Indian

of Education

Elementary in Henry County

$

10,000 10,000 10,000 4,000 25,000 25,000 20,000 7,000 7,000 10,000 10,000 8,000 15,000
20,000 15,000 10,000 10,000 7,500 5,000 5,000 5,000

710

JOURNAL OF THE SENATE

Henry County Board Purchase equipment for the Health/Physical Education

of Education

Department at Austin Road Middle School in Henry

County

$

Houston County Contract for services with Kid's Journey in Houston

Board of Education County

$

Houston County Materials and supplies for the Houston County Library $

Houston County Purchase equipment for the Henderson Volunteer Fire

Department in Houston County

$

Houston County Contract for services with Family Counseling Control of

Central Georgia in Houston County

$

Houston County Purchase piano for the Fine Arts Department at Houston

Board of Education County High School

$

Irwin County

Repair to gymnasium in the recreation complex in Irwin

County

$

Irwin County

Upgrade inventory of books for the Irwin County Library $

Irwin County

Repair and upkeep of Civil War Memorial located on

courthouse square in the City of Ocilla

$

Irwin County

Construction of physical education room for wrestling,

Board of Education cheerleading and band activities for the Irwin County

High School

$

Jackson County Purchase of equipment for Plainview Fire Department in

Jackson County

$

Jackson County Purchase of equipment for the Jackson County Volunteer

Rescue

$

Jackson County Construction of homeland security building for the

Jackson County Fire Department

$

Jasper County Board Lighting for high school baseball/softball fields in Jasper

of Education

County

$

Jeff Davis County Purchase playground equipment for parks in Jeff Davis

Commissioners County

$

Jeff Davis County Purchase equipment for food processing facility at Jeff

Board of Education Davis High School in Jeff Davis County

$

Jeff Davis County Create film and video library at Hazelhurst/Jeff Davis

County Museum

$

Jeff Davis County Assist Jeff Davis County with economic development $

Jefferson County Provide funding for tourism for Jefferson County

Economic Development Authority

$

Jefferson County Funds to purchase a surplus vehicle for the Jefferson

County Coroner's Office

$

Jefferson County Purchase signs for Jefferson County High School and

School System

Sandersville Technical College

$

Jenkins County Repair to the Jenkins County Library

$

5,000 5,000 25,000 25,000 15,000 14,000 10,000 10,000 5,000
10,000 15,000 20,000 15,000 35,000 15,000 5,000 10,000 25,000 25,000 1,500 12,500 10,000

WEDNESDAY, MARCH 5, 2003

711

Jenkins County Purchase and renovate theater building for Jenkins

County Development Authority

$

Jenkins County Complete construction of recreation building for

Millen/Jenkins County Recreation Department

$

Jenkins County Funds to pave Health Department parking lot in Jenkins

Commission

County

$

Johnson County Purchase equipment, renovate and repairs at the Senior

Citizen Center in Johnson County

$

Johnson County Rural fire department improvements and equipment

purchases in Johnson County

$

Johnson County Renovation of recreation complex and purchase

equipment in Johnson County

$

Johnson County Renovations to fire stations in Johnson County

Board of

Commissioners

$

Johnson County Paving project for the Johnson County Board of

Board of Education Education

$

Jones County

Design and develop landscape beautification project at

the Jones County Civic Center

$

Jones County

General operation of the Jones County Recreation

Department

$

Jones County

Purchase firefighting equipment for fire tank in Jones

County Volunteer Fire Department

$

Jones County

Fund new recreation area for City of Haddock

Commission

$

Lamar County

Lamar County Ag Expo Center

$

Lamar County

Purchase bullet proof vests for every law enforcement

officer in Lamar County

$

Lamar County

Crisis response vehicle/mobile command center for

Lamar County Sheriff's Department

$

Lanier County

Expansion of the Robert Simpson Nature Trail in Lanier

County

$

Lanier County Board Band equipment for the Lanier County Schools

of Education

$

Laurens County Three automatic entry and exit doors for Dublin Laurens

County Library in Laurens County

$

Laurens County Purchase sexual abuse screening equipment for Stepping

Stone program in Laurens County

$

Laurens County Construction of weight training room for Health

Board of Education Education at West Laurens High School in Laurens

County

$

25,000 15,000 5,000 5,000 15,000 10,000
10,000 25,000 15,000 25,000 5,000 9,000 25,000 15,000 40,000 10,000 6,000 5,000 25,000
10,000

712

JOURNAL OF THE SENATE

Laurens County Board of Education Laurens County
Laurens County
Lee County
Lincoln County
Lincoln County Commission Long County
Long County
Long County Long County
Long County Lowndes County
Lowndes County
Lowndes County
Lumpkin County Madison County Marion County Commissioners McIntosh County
Meriwether County
Meriwether County
Mitchell County
Mitchell County

Purchase band uniforms for West Laurens High School

in Laurens County

$

Construction of T-Hangars at the airport in Laurens

County

$

Improvements for Cedar Grove Community Center in

Laurens County

$

Repair old fire station which is being converted to

Redbone Library in Lee County

$

Building and equipment for the Loco Volunteer Fire

Department in Lincoln County

$

Construction of water line and infrastructure for Boy

Scout Camp in Lincoln County

$

Fire department equipment to include personal turn out

gear for Long County

$

Purchase new car for the Long County Sheriff's

Department

$

Purchase new Sheriffs Department car in Long County $

Purchase protective gear for the volunteer fire department

in Long County

$

Provide new computer equipment in Long County

$

Purchase New Book Van for South Georgia Regional

Library in Lowndes County

$

Purchase theater equipment for program through

Valdosta State University in Lowndes County

$

Construction of the James Belk Youth and Teen Center at

YMCA in Lowndes County

$

Funding for homeless shelter in Lumpkin County

$

Pave parking lot at Madison County Fire Station

$

Funds to replace wood columns on Marion County

Courthouse

$

Purchase seventeen-passenger Ford Econovan for the

Esther Project, Inc. in McIntosh County

$

Construct a football field for Greenville High School in

Meriwether County

$

Purchase bullet proof vests for every law enforcement

officer in Meriwether County

$

Contract for services with Mitchell County Boys and

Girls Club for Smart Moves pregnancy prevention

program

$

Purchase new fire protection equipment for seven

volunteer fire departments in Mitchell County

$

10,000 5,000 10,000 16,000 10,000 25,000 30,000 10,000 5,000 8,000 20,000 15,000 10,000 75,000 25,000 5,000 23,834 20,000 75,000 25,000
9,000 21,000

WEDNESDAY, MARCH 5, 2003

713

Monroe County School building renovations for Community Wellness

Board of Education Center in Monroe County

$

Monroe County Purchase and install a cardiac monitoring system,

Hospital Authority communications system or other improvements at

Monroe County Hospital

$

Montgomery County Repair roof of historic building at Montgomery County

High School

$

Montgomery County Repair roof and flooring of the 1929 building for the

Schools

Montgomery County School Board

$

Montogomery

Purchase of rescue equipment for the Montgomery

County

County Emergency Management Agency

$

Montogomery

New fence at the Montgomery County Recreation

County

Department

$

Morgan County Funding for the construction of an Animal Control

Commission

Building for Morgan County

$

Morgan County Construct a new fire department at Clack's Chapel in

Commission

Morgan County

$

Morgan County Purchase tennis court lighting system for Morgan County

Board of Education Board of Education

$

Muscogee County Construction of rope bridge site for Raider's Team,

Board of Education Freedom Fighter's Cultural Arts Program in Muscogee

County

$

Muscogee County Construct a rope bridge site for competitive preparation

Board of Education of Raider's Team. Freedom Fighters Cultural Art

Program to expand character education program

$

Muscogee County Funds for an after-school program for troubled students

Schools

at Baker Middle School in Muscogee County

$

Muscogee County Beautification project at Carver High School in

School System

Muscogee County

$

Muscogee County Beautification project at Marshall Middle School in

School System

Muscogee County

$

Newton County Enhancements to B.C.Crowell Park and ballfield in the

City of Porterdale

$

Newton County Construction of tennis courts for Eastside High School in

Board of Education Covington

$

Newton County Enhance, purchase and install playground equipment for

West Newton Elementary School in Newton County $

Newton County Purchase band equipment for Cousins Middle School in

Board of Education City of Covington

$

Newton County Fund construction of two softball fields at Old Cousins

Board of

Middle School in Newton County

Commission

$

15,000
25,000 10,000 10,000 5,000 5,000 9,000 9,000 10,000
15,000
10,000 10,000 10,000 10,000 5,000 20,000 7,500 10,000
8,000

714

JOURNAL OF THE SENATE

Oconee County Funds for the Fine Arts Department of Oconee High

Board of Education School

$

Oglethorpe County Planning and startup funding for Agricultural Center in

Board of Education Oglethorpe County

$

Paulding County Funding for museum equipment in Paulding County $

Paulding County Funds for outside lighting and school signs for Paulding

County Board of Education

$

Paulding County Purchase recreational equipment for community centers

in Paulding County

$

Paulding County Paulding County Family Connection

$

Peach County

Purchase Microbus for Peach County 4-H

$

Peach County

Replacement of 3 radio repeaters in Peach County

$

Peach County

Security gate for Peach County Law Enforcement Center $

Peach County

Roof repair at 911 Center in Peach County

$

Peach County

Assist in reroofing Kay Center for Mentally Retarded in

Peach County

$

Pelham City

Improvements to the agriculture livestock facilities in

Board of Education Pelham City public schools

$

Perry Downtown Land acquisition and improvements for the Perry

Development

Downtown Development Authority

Authority

$

Pierce County

Purchase equipment for Pierce County

$

Pierce County

Improvements to Lakeview Community Center in Pierce

County

$

Pierce County Board Provide funding for the Pierce County Resource Center

of Commissioners for the Pierce County Board of Commissioners

$

Pierce County Board Purchase band uniforms for Pierce County Band

of Education

Boosters

$

Polk County

Purchase van for the Polk County Boys and Girls Club $

Polk County

Contract for services with Children's Advocacy Group in

Polk County

$

Polk County

Provide equipment for the Polk County Fire Department $

Polk County

Purchase equipment for the Polk County Volunteer Fire

Department

$

Polk County

Construction of an emergency response facility in Polk

County

$

Putnam County New band equipment for the Putnam County High

Board of Education School

$

Putnam County Renovation of old jail for office space in Putnam County

Commission

$

Putnam General Medical records retention, storage and retrieval system

Hospital Authority for the Putnam General Hospital in Putnam County

$

5,000
10,000 3,000
15,000
16,000 25,000 20,000 10,000 6,000 5,000
30,000
15,000
100,000 2,000
30,000
90,000
5,000 20,000
25,000 40,000
5,000
120,000
8,000
9,000
20,000

WEDNESDAY, MARCH 5, 2003

715

Quitman County Planning, mapping, addressing, and implementation of an

enhanced 911 system in Quitman County

$

Rabun County

Update computer system at Rabun County Hospital

$

Rabun County

Equipment for the Rabun County Recreation Department $

Rabun County

Purchase equipment for the Arts and Drama Department

at Rabun County High School

$

Randolph County Purchase precision air rifles for JROTC program at

Board of Education Randolph/Clay High School in Randolph County

$

Randolph County New student information system to replace OSIRS in the

Board of Education Randolph County School System

$

Randolph County Fund Star program in Randolph County

Board of Education

$

Randolph County Purchase of four intoxilyzers for the Randolph County

Sheriff's Department

$

Randolph County Complete final phase of voter/fire protection building for

the rural area of Randolph County

$

Randolph County Fund a rural transportation system for Randolph County $

Richmond County Summer children's programs at Belle-Terrace

Board of Education Community Center and May Park Community Center in

Augusta/Richmond County

$

Richmond County Purchase equipment and furnishings for use in the

Board of Education Technical Education Program at Glenn Hills High School

in Richmond County

$

Richmond County Landscaping projects and playground equipment at

Board of Education Terrace Manor Elementary School in Richmond County $

Richmond County Equipment for Richmond County Marshal's Office

$

Richmond County Operational expenses for the Augusta Ballet

Commission

$

Richmond County Operational funding for Delta House, Lucy Craft Laney

Commission

Museum in Richmond County

$

Richmond County Operational funds for National Legacy Foundation in

Commission

Richmond County

$

Richmond County Provide funding for the Southeast Burn Foundation in

Richmond County

$

Richmond County Funding for the Golden Harvest Food Bank in Richmond

County

$

Richmond County Operational expenses for Delta Leadership Training

Commission

Program in Richmond County

$

Richmond County Upgrade equipment at Richmond Academy in Richmond

County

$

Richmond County Provide lighting and purchase equipment at Master City

Little League in Richmond County

$

10,000 45,000 25,000 15,000 5,000 30,000 12,500 2,000 18,000 14,000
5,000
10,000 5,000 15,000 25,000 25,000 25,000 30,000 10,000 30,000 25,000 15,000

716

JOURNAL OF THE SENATE

Richmond County Commission Richmond County
Richmond County
Richmond County Commission
Richmond County Commission Satilla Regional Medical Center Schley County

Operational expenses for Southside Tutorial Program in Richmond County Funds for lighting and equipment at West Augusta Little League in Richmond County Purchase equipment/uniforms for the Augusta Boxing Club in Richmond County Construct a state of the art playground for disabled children for The Rachel Longstreet Foundation in the City of Augusta Support operation resources at Lucy Laney High School in Richmond County Contract for services with the Satilla Advocacy Services for the Satilla Regional Medical Center in Waycross Assist in air-conditioning Schley County Elementary School

Screven County Playground equipment for rural communities of Screven County

Screven County Design of a new jail for Screven County Sheriff's

Department

Screven County Fire fighting equipment for Screven County Fire

Department

Screven County Maintenance and operational cost of the Cooperville

Community House in Screven County

Screven County Upgrade county fire department equipment in Screven

County

Seminole County Construct a multi-purpose agri-center livestock pavilion

Board of Education for the Seminole County High School in Seminole

County

Seminole County Grounds improvement and paving at the Seminole

Commission

County Courthouse

Seminole County Agriculture Center and Livestock Building for the

Board of Education Seminole County Board Of Education

Seminole County Fund a multi-purpose building at Seminole County

Middle-High School

Seminole County Southwest Georgia multi-purpose facility

Board of Education

Seminole County Construct an equipment and agricultural facility for

Board of Education Seminole County Board of Education

Stephens County Purchase equipment and software for the Stephens

Commission

County Education Literacy Foundation

$ 20,000 $ 15,000 $ 15,000
$ 25,000 $ 15,000 $ 10,000 $ 25,000 $ 10,000 $ 10,000 $ 50,000 $ 3,000 $ 15,000
$ 10,000 $ 10,000 $ 20,000 $ 25,000 $ 50,000 $ 150,000 $ 10,120

WEDNESDAY, MARCH 5, 2003

717

Stephens County Purchase two used vehicles for the Toccoa Rehabilitation

Ind., Inc, in Stephens County

$

Stephens County Purchase office furniture for newly renovated Toccoa

Armory In Stephens County

$

Stephens County Create two multi media computer centers for Liberty

Elementary School n Stephens County

$

Stephens County Operating funds for the Stephens County Library

Commission

$

Stephens County Purchase a 15 passenger van for the Stephens County 4-

H program

$

Stephens County Purchase of a fire boat and building equipment in

Stephens County

$

Stewart County Purchase patrol car for Stewart County

$

Talbot County Repair gym floor at Central Elementary/High School in

Board of Education Talbot County

$

Taliaferro Board of Purchase patrol car for Taliaferro County Sheriff's

Commissioners Department

$

Tattnall Board of Repair and fund improvements to Reidsville Middle

Education

School baseball field in the City of Reidsville

$

Tattnall County Contract for services with the East Collins Community

Center for after-school program enhancements in Tattnall

County

$

Tattnall County Purchase equipment for the Tattnall County EMA

$

Tattnall County Emergency medical equipment to enhance 911 system

for Tattnall County

$

Tattnall County Provide funds for architectural support and planning of

Technology Center in Tattnall County

$

Tattnall County Match local and state/federal funds to market a farmer

Commissioners initiated program to sell local produce in Tattnall County $

Taylor County Provide funding for Taylor County GIS Mapping System

and 911 feasibility study

$

Telfair County Recreation funding for Telfair County

$

Telfair County Athletic facility improvements for Telfair County High

Board of Education School

$

Telfair County High Resurface Telfair County High School tennis courts

$

Terrell County Restore the historic Terrell County Courthouse's 1892

Tower Clock and Tower Room

$

Terrell County Deceleration lane construction and related infrastructure

at conservation resource center in Terrell County

$

Thomas County Contract for services with Marquerite Neel Williams

Boys and Girls Club in Thomas County

$

31,600 5,600 16,422 20,000 38,000 25,000 6,000 10,000 13,000 5,000
10,000 10,000 10,000 10,000 5,000 50,000 25,000 10,000 7,000 45,000 85,000 15,000

718

JOURNAL OF THE SENATE

Thomas County Resurface driveway and parking area at

Magnolia/Chappelle School in Thomas County

$

Tift County

Purchase computers and pagers for Tift County

Volunteer Fire Department

$

Tift County

Purchase furniture for Tift County Public Library

Commissioners

$

Town of Dexter Purchase equipment for Town of Dexter Volunteer Fire

Department

$

Town of Funston Replace water line on North Manning Street in the City

of Funston

$

Town of Funston Assist in replacing water line and fireplugs in Town of

Funston

$

Town of Ivey

Construct a Voluntary Fire Department and precinct

polling place in Town of Ivey in Wilkinson County

$

Town of Rebecca Purchase Christmas lighting for the City of Rebecca

$

Town of Rentz Laurens County Ambulance Service satellite station in

the Town of Rentz

$

Town of Sumner Improvements to Town of Sumner auditorium for civic

and educational purposes

$

Town Of Shady Building improvements for Town of Shady Dale City

Dale

Hall

$

Towns County Equipment for volunteer fire department in Towns

County

$

Towns County Extend Energy Management System for new elementary

Board of Education school, new auditorium and middle school gym in

Towns County

$

Treutlen County $2,000 per three Volunteer Fire Departments in Treutlen

County

$

Treutlen County Purchase of a patching machine to repair county

maintained roads in Treutlen County

$

Treutlen County Purchase vehicle for Treutlen County Senior Center

$

Treutlen County Purchase patching machine for road repairs in Treutlen

County

$

Treutlen County Renovation of the Board of Commissioners office

building in Treutlen County

$

Treutlen County Expansion of fire stations to house additional fire engine

Board of

in Treutlen County

Commissioners

$

Treutlen County Purchase athletic equipment for the Treutlen County

Board of Education

$

Troup County

Development of the Clark Access Recreational Park in

Troup County

$

5,000 10,000 50,000 5,000 7,500 10,000 25,000 3,000 6,236 10,000 20,000 5,000
20,000 6,000 10,000 5,000 20,000 10,000
20,000 10,000 50,000

WEDNESDAY, MARCH 5, 2003

719

Troup County

Equipment crisis response vehicle with communication

and disaster response equipment for the Troup County

Sheriff's Department

$

Troup County

Create summer Driver's Ed Program for Troup County

Board of Ed.

students

$

Turner County Repairs, design and renovation of official state symbol

(peanut monument) in Turner County

$

Twiggs County Landscaping beautification at Twiggs County Historical

Courthouse

$

Twiggs County Upgrade records filing system for the Clerk of Superior

Court Office in Twiggs County

$

Union City

Funding for the Keep South Fulton Beautiful program in

Union City

$

Union City

Provide for environmental protection through education

and facilities in Union City

$

Union County

Design and construct a gymnasium/community center in

Union County

$

Union County

Funds for a new jail in Union County

$

Union County

Contract for services with S.A.F.E., Inc.(Support in

Abusive Family Emergencies program) in Union

County

$

Union County

Equipment for volunteer fire department in Union

County

$

Upson County Purchase emergency response truck for Upson County

Emergency Management Agency

$

Upson County Purchase bullet proof vests for every law enforcement

officer in Upson County

$

Walker County Contract with Children's Advocacy Center to provide

Lookout Mountain Superior Courts child abuse

investigation forensic service

$

Walker County Renovations to the drivers license facility in Rock Spring $

Walker County Renovations to the Walker County Courthouse in

LaFayette

$

Walker County Renovation of softball field for Rock Spring Athletic

Association in Walker County

$

Walker County Purchase land and build memorial park for the families of

the Noble tragedy in Walker County

$

Walker County Purchase computer technology equipment and JROTC

Board of Education equipment for LaFayette High School in Walker County $

Walton County Contract for services with Bridge Services, Inc. for

services to at-risk youth in Walton County

$

25,000 25,000 5,000 15,000 5,000 40,000 10,000 50,000 30,000
10,000 5,000 10,000 25,000
15,000 15,000 15,000 15,000 45,000 5,000 15,000

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JOURNAL OF THE SENATE

Walton County Purchase and install playground equipment at Matthews

Park in north Monroe

$

Walton County Furniture purchase for Loganville Senior Center

Board of

Commissioners

$

Walton County Renovation and drainage project on playground at

Board of Ed.

Loganville Elementary School in Walton County

$

Ware County

Furnish and renovate the Magnolia House Shelter for

Abused Women and Children in Ware County

$

Ware County

Acquire a building for the Thomas O. Zorn #70 Chapter

of the Disabled American Veterans in Waycross

$

Ware County

Improvements and additions to the Okefenokee Heritage

Center in Ware County

$

Ware County

Purchase equipment for the Dixie Union Volunteer Fire

and Rescue division of the Ware County Fire Department $

Ware County

Ware County Senior High Band trip to Thanksgiving

Board of Education Day in Philadelphia

$

Warren County Purchase public safety equipment for Sheriff's

Department and fire personnel in Warren County

$

Warren County Purchase fire equipment for Warren County Fire

Department

$

Warren County Purchase two surveillance cameras for Warren County

Board of

Sheriffs Department

Commissioners

$

Washington County Bathroom improvements for handicapped access for the

Washington County Historical Society

$

Washington County Capital improvements for the Washington County

Recreation Department

$

Wayne County Equipment for the Wayne County Volunteer Fire

Department

$

Wayne County Construction improvements at Ritch voting precinct in

Wayne County

$

Wheeler County Equipment for Wheeler County Recreation Department $

Wheeler County Building materials for Springhill Fire Department in

Wheeler County

$

Wheeler County Renovations of the Wheeler County Senior Citizens

Center

$

Wheeler County Fire fighting equipment for Stuckey Fire Department in

Wheeler County

$

Wheeler County Construct a new recreation facility in Wheeler County $

Wheeler/Telfair Planning and development money for Wheeler

Airport Authority County/Telfair Airport Authority

$

5,000
5,000 5,000 5,000 15,000 5,000 5,000 5,000 15,000 105,000
7,500 5,000 10,000 10,000 5,000 5,000 5,000 4,000 5,000 20,000 5,000

WEDNESDAY, MARCH 5, 2003

721

White County

Refurbish athletic fields in White County

$ 22,000

White County

Structural repairs to community gym in White County $ 35,000

Whitfield County Provide funding for road and bridge enhancements in

Government

Whitfield County

$ 10,000

Wilcox County Purchase tanker truck for Cedar Creek Fire Department

in Wilcox County

$ 5,000

Wilkes County Replace roof on Georgia State Patrol Post in Wilkes

County

$ 10,000

Wilkes County Landscaping at Georgia State Patrol Post in Wilkes

County

$ 3,000

Wilkes County Danburg Volunteer Fire Department building and

equipment in Wilkes County

$ 10,000

Wilkinson County Capital expenditures for the Wilkinson

County/Gordon/Recreational Complex

$ 25,000

Worth County

Improvements and repairs to Gordy and Redrock fire

station/voting precinct in Worth County

$ 15,000

Section 43. Provisions Relative to Section 8, Department of Community Health. There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.

It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 2003 shall not exceed 13.1%.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 2003 shall not exceed 13.1%.

Section 44. Provisions Relative to Section 9, Department of Corrections. To authorize the Department of Corrections to proceed with a build-to-suit lease contract for the Dekalb Transitional Center.

Section 45. Provisions Relative to Section 11, State Board of Education Department of Education.
The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,334.03. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

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JOURNAL OF THE SENATE

Section 46. Provisions Relative to Section 12, Employees' Retirement System. Funds are provided in this appropriation act for H.B. 227, H.B. 254, H.B. 287, H.B. 931, S.B. 62, H.B. 627, H.B. 666, H.B. 785, and H.B. 557.

Section 47. Provisions Relative to Section 15, Office of the Governor. There is hereby appropriated to the Office of the Governor the sum of $350,000 of the moneys collected in accordance with O.C.G.A. Title 10, Chapter 1, Article 28. The sum of money is appropriated for use by the Office of Consumer Affairs for all the purposes for which such moneys may be appropriated pursuant to Article 28.

Section 48. Provisions Relative to Section 16, Department of Human Resources.

The Department of Human Resources is authorized to calculate all Temporary Assistance

for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need;

such payments shall be made from the date of certification and not from the date of

application; and the following maximum benefits and maximum standards of need shall

apply:

Number in

Standards

Maximum Monthly

Asst. Group

of Need

Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, the Department of Human Resources is authorized to make supplemental

payments on these maximum monthly amounts up to the amount that is equal to the

minimum hourly wage for clients who are enrolled in subsidized work experience and

subsidized employment.

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Provided, that of the above appropriations relative to the treatment of Hemophilia and it's complications, these funds may be used to provide treatment and care to the bleeding

WEDNESDAY, MARCH 5, 2003

723

disorders community or to purchase insurance to provide this treatment and care, whichever is less.
Section 49. Provisions Relative to Section 20, Department of Labor. Provided, from funds known as Reed Act funds credited to and held in this state's account in the Unemployment Trust Fund by the United States Secretary of the Treasury pursuant to the "Job Creation and Worker Assistance Act of 2002" (P.L. 107-147) and Section 903 (d) of the Social Security Act, as amended, $49,339,507 is designated for administration of the unemployment compensation law and public employment offices, including workforce information service delivery, technology, resources, and equipment to support employment, workforce staff training, studies and reports, buildings, fixtures, furnishings, and supplies. The amount hereby appropriated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, and shall be obligated and expended in accordance with Section 903 (d) (4) of the Social Security Act.
Provided further, that no funds shall be expended until approved by the Office of Planning and Budget.
Section 50. Provisions Relative to Section 22, Merit System of Personnel Administration.
The Department is authorized to assess no more than $147.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.
Section 51. Provisions Relative to Section 24, Department of Natural Resources. Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Provided, that of the amount above for contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the "Atlanta Ozone Nonattainment Area" and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation "Atlanta Ozone Nonattainment Area" means the geographic area of the state comprised of Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale Counties.

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JOURNAL OF THE SENATE

Section 52. Provisions Relative to Section 30, Department of Revenue. For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $8,000 for the taxable year beginning January 1, 2002.
Section 53. Provisions Relative to Section 31, Secretary of State. There is included in the Real Estate Rentals object class for the Secretary of State funding for a rental agreement with the Development Authority of Clayton County for the Department of Archives and History.
Section 54. Provisions Relative to Section 34, Teachers' Retirement System. It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.24% for S.F.Y. 2003.
Funds are provided in this appropriation act for H.B. 765 and H.B. 955.
Section 55. Provisions Relative to Section 36, Department of Transportation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 36 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.

WEDNESDAY, MARCH 5, 2003

725

e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(1), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Provided, that funding available to the Department of Transportation may be used for right-of-way acquisition for a multi-lane road to connect Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3.
Section 56. In addition to all other appropriations for the State fiscal year ending June 30, 2003, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,578,874 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retardation institutions ($8,458,874) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 57. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:

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JOURNAL OF THE SENATE

First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 58. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 59. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 60. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 61. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the

WEDNESDAY, MARCH 5, 2003

727

payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 62. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 2002 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.

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JOURNAL OF THE SENATE

Section 63. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.

For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 64. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 65. Provisions Relative to Section 39, State of Georgia General Obligation

Debt Sinking Fund.

Principal

Debt

Amount

Service

A.) Maturities not to exceed two hundred forty months.

Board of Regents, University of Georgia projects:

$

Construction and equipment for the Coverdell Building at

the University of Georgia - $8,600,000

Major repairs and renovations systemwide - $25,000,000

Various projects for the Georgia Research Alliance -

$17,500,000

Department of Technical and Adult Education projects: $

Construction of the Visual Communications building at

North Georgia Tech - $14,750,000

Predesign, design and construction of a specialized training

center in Savannah - $12,700,000

Allied Health building at Southwest Georgia Technical

College - $860,000

Department of Natural Resources projects:

$

Predesign, design, construction and equipment for new

building at the Coastal Regional Headquarters

51,100,000 $ 4,445,700 28,310,000 $ 2,462,970
4,225,000 $ 367,575

WEDNESDAY, MARCH 5, 2003

729

in Brunswick - $2,525,000

Second year funding for restoration of the Hardman Farm in

White County - $ -0-

Acquire inholdings and edgeholdings at existing parks and

historic sites - $1,000,000

Construct a bridge on the south end of Sapelo Island

$ 200,000

Repairs and renovations to North Georgia lodges

$ 500,000

Design of deepening the Brunswick Harbor for the Georgia $ 1,500,000 $ 130,500

Ports Authority - $1,500,000

Complete final phase of historic district revitalization plan $ 3,000,000 $ 261,000

at the Jekyll Island Authority

Modify sleeping rooms for safety and suicide prevention for $ 2,700,000 $ 234,900

the Department of Juvenile Justice

Repairs to the State Capitol Building

$ 2,000,000 $ 174,000

Governor's Road Improvement Program

$ 35,000,000 $ 3,045,000

Redevelop the Biocontainment Research Center at the

University of Georgia

$ 15,000,000 $ 1,305,000

Total Twenty Year Projects (New)

$ 142,835,000 $ 12,426,645

B.) Maturities not to exceed sixty months.

Board of Regents, University of Georgia projects:

$ 4,900,000 $ 1,122,100

Renovations of the old Governor's Mansion at Georgia

College and State University - $4,000,000

Specialized research equipment for approved projects for

the Traditional Industries program - $900,000

Digital conversion of towers and transmitters at the Georgia $ 32,120,000 $ 7,355,480

Public Telecommunications Commission

Purchase equipment for the following Department of

$ 22,105,000 $ 5,062,045

Technical and Adult Education projects:

Business Technology building at Athens Tech - $650,000

Technology building at Appalachian Tech - $735,000

Allied Health and Information Technology building at

Northwestern Tech - $640,000

Classroom building at Chattahoochee Tech - $2,035,000

Classroom building at Southwest Georgia Tech -

$1,175,000

Toccoa/Stephens County North Georgia Tech - $835,000

Campus expansion at Georgia Aviation Tech - $965,000

Telecom building at East Central Tech - $1,000,000

Camden County Campus of Coastal Georgia Tech - $1,670,000

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JOURNAL OF THE SENATE

Replace obsolete equipment - $10,000,000

Specialized training center in Savannah - $2,400,000

Facility assessment and capital plan for the Warm Springs

Institute

$ 100,000 $ 22,900

Predesign and design of the convention center at the Jekyll

Island Authority

$ 150,000 $ 34,350

Total Five Year Projects (New)

$ 59,375,000 $ 13,596,875

Section 66. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2003

$ 16,187,774,526

Section 67. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 68. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

Senator Price of the 56th offered the following amendment #1a:

Amend the Hooks, et al. amendment #1 to the Committee Substitute to HB 121:

By striking in their entirety pages 1-87

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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

E Harbison Y Harp N Henson Y Hill N Hooks Y Hudgens N Jackson

N Seay Y Shafer E Smith,F Y Smith,P N Squires N Starr Y Stephens

WEDNESDAY, MARCH 5, 2003

731

N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts N Dean N Fort N Gillis N Golden Y Hall Y Hamrick

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 Stokes Y 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 amendment, the yeas were 30, nays 24, and the Price amendment #1a to the Hooks amendment #1 to the committee substitute was adopted.

Pursuant to the adoption of the Price amendment #1a, the Hooks amendment #1 to the committee substitute was nullified.

Amendment #2 Senator Tate of the 38th District moved to amend the Senate Appropriations Committee Substitute to H.B. 121 by (adding to) State funds for the Office of the Governor, Section 15, relating to State Fiscal Year 2003 the figure $146,000 and by (increasing) the object classes as listed below:

Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications
Total Funds State Funds

$ 145,000 $ 1,000 $ $ $ $ $ $ $ $ $ 146,000 $ 146,000

Section 15 Office of the Governor To restore funding for the Commission on Equal Opportunity
(End of Amendment)

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JOURNAL OF THE SENATE

Senator Tate of the 38th asked unanimous consent that her amendment #2 be withdrawn. The consent was granted, and the amendment #2 to the committee substitute was withdrawn.

Amendment #3 Senator Stokes of the 43rd District moved to amend Senate Appropriations Committee Substitute to H.B. 121 by (adding to) State funds for the Department of Human Resources, Section 16, relating to State Fiscal Year 2003 the figure $750,000 and by (increasing) the object classes as listed below:

Object Classes Payments to DCH-Medicaid Benefits Total Funds State Funds

$ 750,000 $ 750,000 $ 750,000

Section 16 Department of Human Resources To provide funding for care coordinators in the Community Care Service Program

(End of Amendment)

Senator Stokes of the 43rd asked unanimous consent that her amendment #3 be withdrawn. The consent was granted, and the amendment #3 to the committee substitute was withdrawn.

Amendment #4 Senator Stokes of the 43rd District moved to amend Senate Appropriations Committee Substitute to H.B. 121 relative to the Department of Community Health, Section 8, by adding the following language:

The program shall not apply to prescription drugs prescribed for the treatment of severe and persistent mental illness such as schizophrenia, severe depression, or bipolar disorder.
Section 8 Department of Community Health

(End of Amendment)

Senator Stokes of the 43rd asked unanimous consent that her amendment #4 be withdrawn. The consent was granted, and the amendment #4 to the committee substitute was withdrawn.

WEDNESDAY, MARCH 5, 2003

733

Amendment #5 Senator Thomas of the 10th District moved to amend Senate Appropriations Committee Substitute to H.B. 121 relative to the Department of Community Health, Section 8, by adding the following language:

The program may not limit prescription drugs prescribed for the treatment of HIV/AIDS drugs.
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

E 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 E 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 23, nays 31, and the Thomas of the 10th amendment #5 to the committee substitute was lost.

Amendment #6 Senator Zamarripa of the 36th District moved to amend Senate Appropriations Committee Substitute to H.B. 121 by (adding to) State funds for the Department of Industry, Trade and Tourism, Section 17, relating to State Fiscal Year 2003 the figure $884,658 and by (increasing) the object classes as listed below:

Object Classes

Personal Services

$

Regular Operating Expenses

$

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JOURNAL OF THE SENATE

Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Marketing Total Funds State Funds

$ $ $ $ $ $ $ $ 884,658 $ 884,658 $ 884,658

Section 17 Department Industry, Trade and Tourism To restore funding for Marketing contracts
(End of Amendment)

Senator Zamarripa of the 36th asked unanimous consent that his amendment #6 be withdrawn. The consent was granted, and the amendment #6 to the committee substitute was withdrawn.

Amendment #7 Senator Adelman of the 42nd District moved to amend Senate Appropriations Committee Substitute to H.B. 121 by (adding to) State funds for the Department of Human Resources, Section 16, relating to State Fiscal Year 2003 the figure $1,601,368 and by (increasing) the object classes as listed below:

Object Classes Contracts Total Funds State Funds

$ 1,601,368 $ 1,601,368 $ 1,601,368

Section 16 Department of Human Resources To add funding for the Statewide Trauma Network

(End of Amendment)

Senator Adelman of the 42nd asked unanimous consent that his amendment #7 be withdrawn. The consent was granted, and the amendment #7 to the committee substitute was withdrawn.

WEDNESDAY, MARCH 5, 2003

735

Amendment #8 Senator Butler of the 55th District moved to amend Senate Appropriations Committee Substitute to H.B. 121 by (adding to) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section 39B, relating to State Fiscal Year 2003 the figure $1,474,650 and by (increasing) the object classes as listed below:

Object Classes State General Funds (New)

$ 1,474,650

Section 39B State of Georgia General Obligation Debt Sinking Fund To authorize $16,950,000 in 20-year bonds for the renovation or construction of public libraries statewide
(End of Amendment)

Senator Butler of the 55th asked unanimous consent that her amendment #8 be withdrawn. The consent was granted, and the amendment #8 to the committee substitute was withdrawn.

Amendment #9 Senator Jackson of the 50th District moved to amend Senate Appropriations Committee Substitute to H.B. 121 by (adding to) State funds for the Georgia Bureau of Investigations, Section 14, relating to State Fiscal Year 2003 the figure $251,594 and by (increasing) the object classes as listed below:

Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications
Total Funds State Funds

$ 105,996 $ 51,098 $ $ $ $ $ 7,500 $ 35,000 $ 52,000 $ $ 251,594 $ 251,594

Section 14 Georgia Bureau of Investigations For the start-up and 3 month operations cost for the Cleveland Regional Crime Lab
(End of Amendment)

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JOURNAL OF THE SENATE

Senator Jackson of the 50th asked unanimous consent that her amendment #9 be withdrawn. The consent was granted, and the amendment #9 to the committee substitute was withdrawn.

Amendment #10 Senator Thompson of the 33rd District moved to amend Senate Appropriations Committee Substitute to H.B. 121 by (adding to) State funds for the Department of Public Safety, Section 26, relating to State Fiscal Year 2003 the figure $329,650 and by (increasing) the object classes as listed below:

Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications
Total Funds State Funds

$ 267,000 $ 55,050 $ 2,500 $ $ $ $ 5,100 $ $ $ $ 329,650 $ 329,650

Section 26 Department of Public Safety To restore funds for a trooper training school

(End of Amendment)

Senator Thompson of the 33rd asked unanimous consent that his amendment #10 be withdrawn. The consent was granted, and the amendment #10 to the committee substitute was withdrawn.

Amendment # 11: Senator Jackson of the 50th District moved to amend Senate Appropriations Committee Substitute to H.B. 121 by (removing from) State funds for the Board of Regents, University System of Georgia, Section 29, relating to State Fiscal Year 2003 the figure $150,000 and by (decreasing) the object classes as listed below:

Object Classes

Education, General, and Departmental Services $

Total Funds

$

(150,000) (150,000)

WEDNESDAY, MARCH 5, 2003

737

State Funds

$ (150,000)

Section 29 Department: Board of Regents, University System of Georgia Amendment removes funds from the College of Agriculture

and by (adding to) State funds for the Student Finance Commission, Section 33A, relating to State Fiscal Year 2003 the figure $150,000 and by (increasing) the object classes as listed below:

Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications North Georgia College ROTC Grants Total Funds State Funds

$ $ $ $ $ $ $ $ $ $ 150,000 $ 150,000 $ 150,000

Section 33A Student Finance Commission To provide additional funding for North Georgia College ROTC Grants

(End of Amendment)

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 N Bulloch Y Butler Y Cagle Y Cheeks

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

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

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

N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

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 27, nays 26, and the Jackson amendment #11 to the committee substitute was adopted.

Amendment #12 Senator Tate of the 38th District moved to amend Senate Appropriations Committee Substitute to H.B. 121 by (removing from) State funds for the Office of the Governor, Section 15, relating to State Fiscal Year 2003 the figure $10,127,927 by $146,000 of line 716 Governor's Emergency Fund and by (decreasing) the object classes as listed below:

Object Classes Line 716 Governor's Emergency Fund Total Funds State Funds

$ 9,981,927 $ 9,981,927 $ 9,981,927

and by adding to State funds for the Office of Governor, Section 15, relating to State Fiscal Year 2003 the figure $146,000 and by increasing the object classes as listed below:

Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Total Funds State Funds

$ 145,000 $ 1,000 $ $ $ $ $ $ $ $ 146,000 $ 146,000

Office of the Governor To Restore the Commission on Equal Opportunity
(End of Amendment)

WEDNESDAY, MARCH 5, 2003

739

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

E 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 E Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes N Tanksley
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 22, nays 30, and the Tate amendment #12 to the committee substitute was lost.

Amendment #13 Senator Tate of the 38th District moved to amend Senate Appropriations Committee Substitute to H.B. 121 by (removing from) State funds for the Office of Governor Section 15, relating to State Fiscal Year 2003 the figure $10,127,927 by $150,000 of line 716 Governor's Emergency Fund and by (decreasing) the object classes as listed below:

Object Classes Line 716 Governor's Emergency Fund Total Funds State Funds

$ 9,977,927 $ 9,977,927 $ 9,977,927

and by adding to State funds for the Office of Governor, Section 15, relating to State

Fiscal Year 2003 the figure $150,000 and by increasing the object classes as listed below:

Object Classes:

Personal Services

$ 107,510

Regular Operating Expenses

$ 3,510

Travel

$ 4,502

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JOURNAL OF THE SENATE

Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Total Funds State Funds

$ $ 1,142 $ 7,813 $ 11,169 $ 12,787 $ 1,567 $ 150,000 $ 150,000

Office of the Governor To Restore the Human Relations Commission

(End of Amendment)

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

E Harbison N Harp Y Henson N Hill Y Hooks N Hudgens
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 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 22, nays 30, and the Tate amendment #13 to the committee substitute was lost.

Amendment #14 Senator Stokes of the 43rd District moved to amend Senate Appropriations Committee Substitute to H.B. 121 by (adding to) State funds for the Department of Human

WEDNESDAY, MARCH 5, 2003

741

Resources Section 16, relating to State Fiscal Year 2003 the figure $750,000 and by (increasing) the object classes as listed below:

Object Classes Payments to DCH-Medicaid Benefits Total Funds State Funds

$ 750,000 $ 750,000 $ 750,000

Section 16 Department of Human Resources To provide funding for care coordinators in the Community Care Service Program

and by (removing from) State funds for the Department of Corrections, Section 9, relating to State Fiscal Year 2003 the figure $750,000 and by (decreasing) the object classes as listed below:

Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications
Total Funds State Funds

$ (200,000) $ (250,000) $ (6,000) $ (194,000) $ (100,000) $ $ $ $ $ $ (750,000) $ (750,000)

Section 9 Department of Corrections Amendment reduces start-up funding for Bacon Probation Detention Center

(End of Amendment)

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

E Harbison N Harp Y Henson N Hill

Y Seay N Shafer E Smith,F N Smith,P

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JOURNAL OF THE SENATE

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

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

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 23, nays 29, and the Stokes amendment #14 to the committee substitute was lost.

Amendment #15 Senator Jackson of the 50th District moved to amend Senate Appropriations Committee Substitute to H.B. 121 by (removing) State funds for the Georgia Courts Automation Commission, Section 3, relating to State Fiscal Year 2003 the figure $251,594 and by (decreasing) the object classes as listed below:

Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Total Funds State Funds

$ (251,594) $ $ $ $ $ $ $ $ $ (251,594) $ (251,594)

Section 15 Office of the Governor Amendment reduces funding for Georgia Courts Automation Commission

WEDNESDAY, MARCH 5, 2003

743

and by (adding to) State funds for the Georgia Bureau of Investigations, Section 14, relating to State Fiscal Year 2003 the figure $251,594 and by (increasing) the object classes as listed below:

Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications
Total Funds State Funds

$ 105,996 $ 51,098 $ $ $ $ $ 7,500 $ 35,000 $ 52,000 $ $ 251,594 $ 251,594

Section 14 Georgia Bureau of Investigations For the start-up and 3 month operations cost for the Cleveland Regional Crime Lab

(End of Amendment)

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

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

Y Seay N Shafer E 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

744

JOURNAL OF THE SENATE

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 26, nays 27, and the Jackson amendment #15 to the committee substitute was lost.

The following communication was received by the Secretary:

March 5, 2003

I hereby wish that my vote be recorded as a Yea vote to amendment #15 on HB 121.

/s/ Carol Jackson

Amendment #16

Senator Adelman of the 42nd District moved to amend Senate Appropriations Committee

Substitute to H.B. 121 by (removing from) State funds for the Office of the Governor,

Section 15, relating to State Fiscal Year 2003 the figure $1,601,368 and by (decreasing)

the object classes as listed below:

Object Classes

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases

$

Equipment

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

Computer Charges

$

Telecommunications

$

Austerity Adjustments

$ (1,601,368)

Total Funds

$ (1,601,368)

State Funds

$ (1,601,368)

Section 15 Office of the Governor Amendment increases the Office of the Governor Austerity Reduction by $1,601,368

and by (adding to) State funds for the Department of Human Resources, Section 16, relating to State Fiscal Year 2003 the figure $1,601,368 and by (increasing) the object classes as listed below:

WEDNESDAY, MARCH 5, 2003

745

Object Classes Contracts Total Funds State Funds

$ 1,601,368 $ 1,601,368 $ 1,601,368

Section 16 Department of Human Resources To add funding for the Statewide Trauma Network
(End of Amendment)
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

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 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 N Tanksley
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 21, nays 31, and the Adelman amendment #16 to the committee substitute was lost.

Amendment #17 Senator Thompson of the 33rd District moved to amend Senate Appropriations Committee Substitute to H.B. 121 by (removing from) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section 39, relating to State Fiscal Year 2003 the figure $24,602,220 by $329,650 of line 1790.

746
Object Classes Line 1790

JOURNAL OF THE SENATE $ 24,182,920

By adding to State funds for the Department of Public Safety, Section 26, relating to State Fiscal Year 2003 the figure $329,650 and by increasing the object classes as listed below:

Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Total Funds State Funds

$ 267,000 $ 55,050 $ 2,500 $ $ $ $ 5,100 $ $ $ 329,650 $ 329,650

Section 26 Department of Public Safety To restore funds for a trooper training school

(End of Amendment)
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
Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts

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

Y Seay N Shafer E 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

WEDNESDAY, MARCH 5, 2003

747

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

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

Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 23, nays 29, and the Thompson amendment #17 to the committee substitute was lost.

Amendment #18 Senator Zamarripa of the 36th District moved to amend Senate Appropriations Committee Substitute to H.B. 121 by (removing from) State funds for the Department of Juvenile Justice, Section 19, relating to State Fiscal Year 2003, the figure $77,740,354 by $884,658 of line 1071 and by decreasing the object classes as listed below:

Object Classes:

Line 1071 Regional Youth Development Centers

$

Total Funds:

$

State Funds:

$

76,855,696 78,359,656 76,855,696

and by adding to State funds for the Department of Industry, Trade & Tourism, Section 17, relating to State Fiscal Year 2003 the figure $884,658 and by increasing the object classes as listed below:

Object Classes: Personal Services: Regular Operating Expenses: Travel: Motor Vehicle Equipment Purchases: Equipment: Real Estate Rentals: Per Diem, Fees and Contracts: Computer Charges: Telecommunications: Marketing Total Funds: State Funds:

$ $ $ $ $ $ $ $ $ $ 884,658 $ 884,658 $ 884,658

Department of Industry, Trade & Tourism To restore funding for marketing contracts
(End of Amendment)

748

JOURNAL OF THE SENATE

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

E Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R Y 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 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
Zamarripa

On the adoption of the amendment, the yeas were 22, nays 31, and the Zamarripa amendment #18 to the committee substitute was lost.

On the adoption of the substitute, the yeas were 36, nays 14, 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:

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

E Harbison Y Harp N Henson Y Hill N Hooks Y Hudgens Y Jackson Y Johnson

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

WEDNESDAY, MARCH 5, 2003

749

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

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

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 33, nays 21.

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

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.

Senators Thomas of the 10th and Jackson of the 50th offered the following amendment:

Amend SB 20 by inserting after the word "assault" on page 1, line 12 the following language: with the intent to transmit HIV or hepatitis,"

On the adoption of the amendment, the yeas were 45, nays 0, and the Thomas of the 10th, Jackson amendment to SB 20 was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 Y Blitch Y Bowen

E Harbison Y Harp Y Henson Y Hill

Y Seay Y Shafer E Smith,F Y Smith,P

750

JOURNAL OF THE SENATE

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 Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee N 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 Y Tolleson Y Unterman
Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 3.

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

The following communications were received by the Secretary:

Please record my vote as a Yes on SB 20.

/s/ Tommie Williams 19th District

To: The Secretary of the Senate

Please change my vote on SB 20 from Yes to No. I voted with the belief that I was voting on an amendment.

/s/ Sam Zamarripa D-36

The Calendar was resumed.

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.

WEDNESDAY, MARCH 5, 2003

751

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
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 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
Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

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

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 the state and its political subdivisions may accept contributions from employers and employees; to repeal conflicting laws; and for other purposes.

The Senate State and Local Governmental Operations Committee offered the following substitute to SB 155:

A BILL TO BE ENTITLED AN ACT

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JOURNAL OF THE SENATE

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 deferred compensation plans authorized for the state and its political subdivisions may accept contributions from employers and employees; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, is amended by striking in its entirety Code Section 45-1835, relating to the operation of such plans without cost to the state or political subdivisions, and inserting in lieu thereof the following:
"45-18-35. The State Personnel Board or the administrator of the plan shall arrange for all services required to carry out the deferred compensation plan or plans so that such plan or plans shall operate without cost to the state, county, city, or other political subdivision except for employer contributions to a deferred compensation plan and for the incidental expense of administering the payroll salary deduction or reduction and the remittance thereof."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 46, 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 Y Collins Y Crotts

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

WEDNESDAY, MARCH 5, 2003

753

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 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute. Senator Starr of the 44th assumed the Chair.

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

The motion prevailed, and Senator Starr of the 44th, who was presiding, announced the Senate adjourned at 5:11 p.m

754

JOURNAL OF THE SENATE

.Senate Chamber, Atlanta, Georgia Thursday, March 6, 2003
Twenty-sixth 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 32.

By Representative Willard of the 40th:

A BILL to amend Article 1 of Chapter 9 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to administration of the estate of missing persons and persons believed to be dead, so as to provide that when any domiciliary of this state has been exposed to a specific peril or tragedy resulting in probable death, the death of the individual may be proved by clear and convincing evidence at any time after such exposure; and for other purposes.

HB 117.

By Representatives Birdsong of the 104th, Skipper of the 116th, Buck of the 112th, Smyre of the 111th, Royal of the 140th and others:

A BILL to amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to grounds for disqualification of unemployment benefits, so as to provide that leaving an employer voluntarily because of the transfer of a spouse from one military assignment to another shall not disqualify a person from such benefits; and for other purposes.

THURSDAY, MARCH 6, 2003

755

HB 185. HB 259. HB 293. HB 637. HB 646.

By Representatives Black of the 144th, Parham of the 94th, Yates of the 85th, Post 1, Rice of the 64th, Rogers of the 20th and others:
A BILL to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to limited driving permits for certain offenders, so as to authorize such permits for certain persons at least 18 years of age whose drivers' licenses have been suspended under Code Section 40-5-57.1; and for other purposes.
By Representative Channell of the 77th:
A BILL to amend Code Section 33-24-59.5 of the Official Code of Georgia Annotated, relating to timely payment of health benefits, notification of failure to pay, and penalty for violation, so as to expressly provide that the amount of any such penalty shall not apply toward any cap on benefits payable; and for other purposes.
By Representatives Purcell of the 122nd, Ray of the 108th, Oliver of the 121st, Post 2, James of the 114th and Crawford of the 91st:
A BILL to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change certain provisions relating to inspection of colonies and duty to register as colony owner; and for other purposes.
By Representatives Williams of the 128th and Keen of the 146th:
A BILL to amend an Act creating a new charter for the City of Darien, so as to change the provisions regarding the election of the mayor and councilmembers; to provide for definitions; to provide for council districts and posts; and for other purposes.
By Representatives Stoner of the 34th, Post 1, Ehrhart of the 28th, Teilhet of the 34th, Post 2, Wix of the 33rd, Post 1, Dooley of the 33rd, Post 3 and others:
A BILL to amend an Act creating a board of commissioners of roads and revenues for Cobb County, so as to repeal certain provisions relating to the requirement of a referendum to approve the expenditure of funds in excess of $25,000.00 in a contract with a transit authority; and for other purposes.

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JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following Resolution of the House:
HR 213. By Representatives Stephens of the 123rd and Purcell of the 122nd:
A RESOLUTION designating the Sonny Dixon Interchange; and for other purposes.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 251. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), so as to provide for the nonpartisan election of the members of such board of education; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 252. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Education of Hart County," approved March 30, 1993 (Ga. L. 1993, p. 4215), so as to provide for the compensation and reimbursement of expenses of the chairperson and members of the Board of Education of Hart County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 253. By Senators Hudgens of the 47th and Kemp of the 46th:
A BILL to be entitled an Act to amend Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to membership of eligible university system employees in the Teachers Retirement System of Georgia, so as to provide that certain university system employees may elect membership in the optional retirement plan provided for in Chapter 21 of Title 47; to provide conditions; to provide for the transfer of employer and employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.

THURSDAY, MARCH 6, 2003

757

SB 254. By Senators Kemp of the 3rd, Hamrick of the 30th, Meyer von Bremen of the 12th, Starr of the 44th and Brush of the 24th:
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 enact the "Whistleblowers Protection Act for Public School Employees;" to provide a short title and definitions; to prohibit retaliatory actions against any public school employee for disclosure, providing information to a public body concerning, objection to or refusal to participate in any activity, policy, or practice that the employee reasonably believes in violation of a law, rule, regulation, ordinance, or policy or that the employee reasonably believes poses a risk to public health, safety, or the environment; to provide for civil actions and remedies; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 255. By Senators Kemp of the 46th, Clay of the 37th, Hill of the 4th, Golden of the 8th and Hudgens of the 47th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to public officials and employees doing business with the state, so as to provide a limited exception to the general prohibition against doing business with the state for certain employees of the University System of Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
SB 256. By Senators Williams of the 19th, Adelman of the 42nd and Levetan of the 40th:
A BILL to be entitled an Act to amend Code Section 40-6-50 of the Official Code of Georgia Annotated, relating to driving on divided highways, controlled-access roadways, and emergency lanes, so as to change certain provisions of law to allow the commissioner of transportation the authority to designate the location and manner when a transit bus may operate on the emergency lanes of certain controlled-access facilities; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.

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SB 257. By Senators Williams of the 19th, Levetan of the 40th, Kemp of the 46th, Tanksley of the 32nd, Adelman of the 42nd and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the general powers of the State Road and Tollway Authority, so as to permit the acceptance of unsolicited proposals from private entities; to authorize the authority to accept and evaluate unsolicited proposals for public-private initiatives; to authorize contracts for public-private initiatives; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.

SB 258. By Senators Unterman of the 45th, Mullis of the 53rd, Hill of the 4th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally, so as to remove vote recorders as authorized voting systems in this state and convert to direct recording electronic (DRE) voting systems; to provide for the arrangement of polling places where DRE units are used; to prohibit certain persons from providing assistance in voting; to provide for at least one handicapped accessible DRE unit in each precinct; to provide that the state shall accept the absentee ballot oath promulgated by the Presidential designee in accordance with the Help America Vote Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

SB 259. By Senator Henson of the 41st:
A BILL to be entitled an Act to repeal an Act approved March 13, 1978 (Ga. L. 1978, p. 3677), as amended by an Act approved April 6, 1981 (Ga. L. 1981, p. 3309), which Act as so amended provided for a board of registration and elections in counties having a population of not less than 350,000 and not more than 500,000 according to the decennial census of 1970 or any future such census; 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 260. By Senator Unterman of the 45th:
A BILL to be entitled an Act to provide a new charter for the City of Buford; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, and compensation 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 administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a finance officer, and other personnel; to provide for rules and regulations; to provide for taxation and fees; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SR 232. By Senators Harp of the 16th, Johnson of the 1st, Price of the 56th, Mullis of the 53rd and Squires of the 5th:
A RESOLUTION declaring support for a missile defense system; and for other purposes.
Referred to the Veterans and Military Affairs Committee.

SR 234. By Senators Lamutt of the 21st, Golden of the 8th and Thompson of the 33rd:
A RESOLUTION creating the Unemployment Insurance Trust Fund Joint Study Committee; 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 32. By Representative Willard of the 40th:
A BILL to amend Article 1 of Chapter 9 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to administration of the estate of missing persons and persons believed to be dead, so as to provide that when any domiciliary of this state has been exposed to a specific peril or tragedy resulting in probable death, the death of the individual

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may be proved by clear and convincing evidence at any time after such exposure; and for other purposes.
Referred to the Judiciary Committee.
HB 117. By Representatives Birdsong of the 104th, Skipper of the 116th, Buck of the 112th, Smyre of the 111th, Royal of the 140th and others:
A BILL to amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to grounds for disqualification of unemployment benefits, so as to provide that leaving an employer voluntarily because of the transfer of a spouse from one military assignment to another shall not disqualify a person from such benefits; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 185. By Representatives Black of the 144th, Parham of the 94th, Yates of the 85th, Post 1, Rice of the 64th, Rogers of the 20th and others:
A BILL to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to limited driving permits for certain offenders, so as to authorize such permits for certain persons at least 18 years of age whose drivers' licenses have been suspended under Code Section 40-5-57.1; and for other purposes.
Referred to the Transportation Committee.
HB 259. By Representative Channell of the 77th:
A BILL to amend Code Section 33-24-59.5 of the Official Code of Georgia Annotated, relating to timely payment of health benefits, notification of failure to pay, and penalty for violation, so as to expressly provide that the amount of any such penalty shall not apply toward any cap on benefits payable; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 293. By Representatives Purcell of the 122nd, Ray of the 108th, Oliver of the 121st, Post 2, James of the 114th and Crawford of the 91st:
A BILL to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change certain provisions

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relating to inspection of colonies and duty to register as colony owner; and for other purposes.

Referred to the Agriculture and Consumer Affairs Committee.

HB 637. By Representatives Williams of the 128th and Keen of the 146th:

A BILL to amend an Act creating a new charter for the City of Darien, so as to change the provisions regarding the election of the mayor and councilmembers; to provide for definitions; to provide for council districts and posts; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 646. By Representatives Stoner of the 34th, Post 1, Ehrhart of the 28th, Teilhet of the 34th, Post 2, Wix of the 33rd, Post 1, Dooley of the 33rd, Post 3 and others:

A BILL to amend an Act creating a board of commissioners of roads and revenues for Cobb County, so as to repeal certain provisions relating to the requirement of a referendum to approve the expenditure of funds in excess of $25,000.00 in a contract with a transit authority; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HR 213. By Representatives Stephens of the 123rd and Purcell of the 122nd:

A RESOLUTION designating the Sonny Dixon Interchange; and for other purposes.

Referred to the Transportation 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 recommendation:

SB 179 Do Pass as amended

Respectfully submitted, Senator Thomas of the 54th District, Chairman

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Mr. President:

The Higher 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:

SR 220 Do Pass

Respectfully submitted, Senator Hamrick of the 30th District, Chairman

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 217 SB 233

Do Pass Do Pass by substitute
Respectfully submitted, Senator Lamutt of the 21st 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 208 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 221 SB 228 SR 171

Do Pass Do Pass Do Pass by substitute
Respectfully submitted, Senator Williams of the 19th District, Chairman

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763

The following legislation was read the second time:

HB 189 SB 2 SB 51

SB 92 SB 132 SB 148

SB 160 SB 161 SB 169

SB 178 SB 182 SB 203

SB 205 SB 211 SB 213

SR 12 SR 146 SR 160

Senator Levetan of the 40th introduced Kim Campbell, former Canadian Prime Minister, commended by SR 211, adopted previously. Former Prime Minister Campbell addressed the Senate briefly.

The members pledged allegiance to the flag.

Senator Balfour of the 9th introduced the chaplain of the day, Pastor Terry Walton of Snellville, Georgia, who offered scripture reading and prayer.

Senator Jackson of the 50th asked unanimous consent that Senators Smith of the 25th and Kemp of the 3rd be excused. The consent was granted, and Senators Smith and Kemp were excused.

Senator Stokes of the 43rd asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused.

Senator Lamutt of the 21st 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 Henson Hill Hooks Hudgens Jackson Kemp,B 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

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Those not answering were Senators:

Brush Harp Smith, F. (Excused)

Crotts (Excused) Johnson Stephens

Harbison (Excused) Kemp, R. (Excused)

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

The following resolutions were read and adopted:

SR 231. By Senators Stephens of the 51st, Lamutt of the 21st, Moody of the 27th, Price of the 56th and Johnson of the 1st:

A RESOLUTION commending Ms. Linda H. Parker; and for other purposes.

SR 235. By Senator Unterman of the 45th:

A RESOLUTION recognizing and commending Cadet Daniel North; and for other purposes.

SR 236. By Senator Unterman of the 45th:

A RESOLUTION recognizing and commending Cadet Alex Gallman; and for other purposes.

SR 237. By Senator Squires of the 5th:

A RESOLUTION recognizing the publishing of the 2,000th edition of the US Korea Daily News; and for other purposes.

SR 238. By Senator Squires of the 5th:

A RESOLUTION honoring Linda Daniels; and for other purposes.

Senator Cagle of the 49th moved that the following resolution be withdrawn from the Senate Appropriations Committee and committed to the Senate Finance 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

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765

all or part of the states rights to payments under the tobacco master settlement agreement; and for other purposes.

On the motion, 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
Cheeks Y Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

E Harbison Harp
Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B E Kemp,R Y Lamutt N 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
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R N Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 44, nays 2; the motion prevailed, and SR 227 was committed to the Finance Committee.

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, March 6, 2003 Twenty-sixth Legislative Day

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

SB 208

Collins of the 6th Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Clay of the 37th

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Tate of the 38th COBB COUNTY

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.

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
Brush Y Bulloch Y Butler
Cagle Y Cheeks Y Clay Y Collins E 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
Johnson Y Kemp,B E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody
Mullis Price Y Reed Y Seabaugh

Y Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr
Stephens Y Stokes
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 local legislation, the yeas were 43, nays 0.

The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

Senator Cheeks of the 23rd introduced the doctor of the day, Dr. Mark Newton.

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SENATE RULES CALENDAR THURSDAY, MARCH 6, 2003 TWENTY-SIXTH LEGISLATIVE DAY

SB 26

Sheriff, Office of; nonpartisan elections (SLGO(G)-19th)

SB 117

Sheriffs; unlawful to engage in private security, private investigation or bail bond businesses (Substitute)(JUDY-30th)

SB 127

Public Transportation Funds; expenditures; state/federal funds remove MARTA (TRANS-49th)

SB 162

Health Care Protection Act; health care licensing violations; penalties (H&HS-30th)

SB 190

Marriage licenses; repeal testing for syphilis requirements (H&HS-54th)

SB 97

Real estate transfer tax; exemptions; certain instruments, deeds or writings; corporations, partnerships and certain trustees (Substitute)(JUDY-30th)

SR 120

Public property; conveyance; granting of easements for facilities, utilities 15 counties and Tennessee (SI&P-2nd)

SR 121

Public property; conveyances; Muscogee, Richmond, Talbot, Troup, Decatur, Fulton, Coffee, Baldwin Counties (SI&P-2nd)

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 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.

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Senator Seabaugh of the 28th asked unanimous consent that Senator Brush of the 24th be excused. The consent was granted, and Senator Brush was excused.

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:

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

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

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

On the passage of the bill, the yeas were 35, nays 15.

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

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.

The Senate Judiciary Committee offered the following substitute to SB 117:

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A BILL TO BE ENTITLED AN ACT

To amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to provide that engaging in specified businesses shall be a violation of a sheriffs oath of office; to provide a definition; 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 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, is
amended by inserting a new Code section to be designated Code Section 15-16-4.1 to
read as follows: "15-16-4.1. Without limiting the generality of the oath set out in Code Section 15-16-4, it shall be a
violation of a sheriffs oath of office for any sheriff to engage either directly or
indirectly in a private security, private investigation, bail bonding, or wrecker towing
business. As used in this Code section 'engaging indirectly' in such a business shall include the engagement in a prohibited business by the spouse or child of a sheriff."

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 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

E Harbison

N Seay

Y Balfour

Y Harp

Y Shafer

N Blitch

Henson

E Smith,F

Y Bowen

Hill

Y Smith,P

Y Brown

Y Hooks

Y Squires

E Brush

Y Hudgens

Y Starr

Y Bulloch

Y Jackson

Y Stephens

N Butler

Y Johnson

Y Stokes

Y Cagle

Y Kemp,B

Y Tanksley

Y Cheeks

Y Kemp,R

Y Tate

Y Clay

Y Lamutt

Y Thomas,D

Y Collins

Y Lee

N Thomas,N

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E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

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

Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 45, nays 5.

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

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.

Senators Clay of the 37th, Thompson of the 33rd, Price of the 56th and Zamarripa of the 36th offered the following amendment #1:

Amend SB 127 by striking lines 18 and 19 of page 1 and inserting in lieu thereof the
following: "project of the Georgia Regional Transportation Authority, Georgia Ports Authority,
or Metropolitan Atlanta Rapid Transit Authority, shall be budgeted by the department over".

Senator Clay of the 37th asked unanimous consent that his amendment #1 be withdrawn. The consent was granted, and the Clay, et al. amendment #1 was withdrawn.

Senators Tanksley of the 32nd, Clay of the 37th, Collins of the 6th and Shafer of the 48th offered the following amendment #2:

Amend SB 127 by inserting on line 18 of page 1 after "Georgia Regional Transportation Authority," the following:
"any Railroad Rehabilitation and Improvement Financing Program project, High Priority or Demonstration project, or Surface Transportation Program project undertaken pursuant to the provisions of the federal Transportation Equity Act for the Twenty-first Century, Public Law 105-178, as amended, and any successor such act, any Congestion Mitigation and Air Quality funds obtained pursuant to the federal

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771

Intermodal Surface Transportation Efficiency Act of 1991, Public Law 102-240, as amended, and any successor such act,".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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

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

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

On the adoption of the amendment, the yeas were 27, nays 23, and the Tanksley, et al. amendment #2 was adopted.
Senators Clay of the 37th, Thompson of the 33rd, Zamarripa of the 36th, Price of the 56th and Levetan of the 40th offered the following amendment #3:

Amend SB 127 by restoring on lines 18 & 19 on p.1 the words "or Metropolitan Atlanta Rapid Transit Authority"

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman Y Balfour N Blitch N Bowen Y Brown

E Harbison N Harp Y Henson N Hill N Hooks

Y Seay Y Shafer E Smith,F N Smith,P Y Squires

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

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

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

On the adoption of the amendment, the yeas were 26, nays 23, and the Clay, et al. amendment #3 was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 N Blitch Y Bowen Y Brown E Brush N Bulloch Y Butler Y Cagle N Cheeks Y Clay Y Collins E Crotts Y Dean Y Fort N Gillis N Golden N Hall Y Hamrick

E Harbison N Harp Y Henson N Hill N Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B Y Kemp,R Y Lamutt N Lee Y Levetan N 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 N Tolleson Y Unterman N Williams Y Zamarripa

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On the passage of the bill, the yeas were 37, nays 13.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Crotts of the 17th spoke to SR 183, designating March 6, 2003 as Atlanta Motor Speedway Day at the Capitol. Mr. Bruton Smith, Chairman and CEO of Atlanta Motor Speedway, addressed the Senate briefly.
The following resolution was read and put upon its adoption :
SR 233. By Senators Johnson of the 1st, Meyer von Bremen of the 12th and Price of the 56th:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that unless otherwise provided by subsequent resolution of the General Assembly, periods of adjournment and reconvening for the remainder of this 2003 regular session of the General Assembly shall be as follows:
(1) The General Assembly shall adjourn at the conclusion of the legislative day on Thursday, March 6, the 26th legislative day of the session; (2) The General Assembly shall reconvene on Wednesday, March 19, the 27th legislative day of the session; (3) The General Assembly shall adjourn at the conclusion of the legislative day on Friday, March 21, the 29th legislative day of the session; (4) The General Assembly shall reconvene on Monday, March 24, the 30th legislative day of the session; (5) The General Assembly shall adjourn at the conclusion of the legislative day on Thursday, March 27, the 33rd day of the legislative session; (6) The General Assembly shall reconvene on Monday, March 31, the 34th day of the legislative session; (7) The General Assembly shall adjourn at the conclusion of the legislative day on Thursday, April 3, the 37th day of the legislative session; (8) The General Assembly shall reconvene on Monday, April 7, the 38th day of the legislative session; (9) The General Assembly shall adjourn at the conclusion of the legislative day on Tuesday, April 8, the 39th day of the legislative session; and (10) The General Assembly shall reconvene on Thursday, April 10, the 40th and final day of the legislative session.

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BE IT FURTHER RESOLVED that the hour for closing and convening the Senate on each such day shall be as ordered by the Senate; and the hour for closing and convening the House on each such day shall be as ordered by the House.

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

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

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

N Seay Y Shafer E Smith,F Y Smith,P Y Squires N Starr Y Stephens N Stokes
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 18, and the resolution was adopted.

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

Mr. President:

The House has disagreed to the Senate substitute to 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.

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The following bill was taken up to consider House action thereto:

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.

Senator Hill of the 4th moved that the Senate insist on its substitute to HB 121.

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 121.

At 12:45 p.m., the President announced that the Senate would stand in recess until 2:00 p.m.

At 2:00 p.m., the President called the Senate to order.

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

Mr. President:

The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on 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 Speaker has appointed on the part of the House, Representatives Buck of the 112th, Parrish of the 102nd, and Smyre of the 111th.

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

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SR 233.

By Senators Johnson of the 1st, Meyer von Bremen of the 12th and Price of the 56th:

A RESOLUTION relative to adjournment; and for other purposes.

The Calendar was resumed.

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.

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 Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay
Collins E Crotts Y Dean
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
Kemp,R Y Lamutt Y Lee Y Levetan
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 Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Tolleson
Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 44, nays 0.

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777

The bill, having received the requisite constitutional majority, was passed. The following communications were received by the Secretary: RE: SB 162 Please register a yea or yes vote for me on the above referenced bill. I had difficulty with the machine. Sincerely, /s/ Michael S. Meyer von Bremen, 12th District

Please register a yea or yes vote for me on SB 162. /s/ Senator Collins, 6th District

Please register a yea or yes vote for me on SB 162.

/s/ Senator Unterman, 45th District

The Calendar was resumed.

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.

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

E Harbison Y Harp Y Henson
Hill

Y Seay Y Shafer E Smith,F Y Smith,P

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

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

On the passage of the bill, the yeas were 48, nays 0.

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

The President introduced Atlanta Mayor Shirley Franklin, who addressed the Senate briefly.

The Calendar was resumed.

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.

The Senate Judiciary Committee offered the following substitute to SB 97:

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.

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779

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The tax imposed by Code Section 48-6-1 shall not apply to: (1) Any instrument or writing given to secure a debt; (2) Any deed of gift; (3) Any deed, instrument, or other writing to which any of the following is a party: the United States; this state; any agency, board, commission, department, or political subdivision of either the United States or this state; any public authority; or any nonprofit public corporation; (4) Any lease of lands, tenements, standing timber, or other realty or any lease of any estate, interest, or usufruct in any lands, tenements, standing timber, or other realty; (5) Any transfer of real estate between a husband and wife in connection with a divorce case; (6) Any order for years support awarding an interest in real property as provided in Code Section 53-5-11 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-3-11 of the 'Revised Probate Code of 1998'; (7) Any deed issued in lieu of foreclosure if the deed issued in lieu of foreclosure is for a purchase money deed to secure debt that has been in existence and properly executed and recorded for a period of 12 months prior to the recording of the deed in lieu of foreclosure; (7.1) The deed from the debtor to the first transferee at a foreclosure sale; (8) Transfer of property which is acquired as provided in Code Sections 32-3-2 and 32-3-3; (9) Any deed of assent or distribution by an executor, administrator, guardian, trustee, or custodian; any deed or other instrument carrying out the exercise of a power of appointment; and any other instrument transferring real estate to or from a fiduciary; provided, however, that the exemption provided under this paragraph shall apply only if the transfer is without valuable consideration; and (10) Any deed, instrument, or other writing which effects a division of real property among joint tenants or tenants in common if the transaction does not involve any consideration other than the division of the property; (11) Any deed, instrument, or other writing transferring realty to a corporation, partnership, limited liability company, or trustee of a trust as a stockholder, partner, member, or trust beneficiary of the entity or so as to become a stockholder, partner, member, or trust beneficiary of the entity as long as no consideration is paid for the transfer other than stock in the corporation, interest in the partnership, interest in the limited liability company, beneficiary interest in the trust, or the increase in value in the stock or interest held by the grantor. However, except for transfers subject to

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another exemption under this Code section, the transfer of realty from a corporation, partnership, limited liability company, or a trustee of a trust to a stockholder, partner, or trust beneficiary of the entity is subject to the tax imposed by Code Section 48-6-1, even if the realty is transferred to another corporation, partnership, limited liability company, or trust; (12) Any deed, instrument, or other writing reflecting vesting of title to realty acquired in a statutory merger or consolidation from a constituent corporation by the surviving or new corporation; (13) Any deed, instrument, or other writing reflecting vesting of title to realty acquired in a merger or consolidation from a constituent partnership or limited liability company by the surviving or new partnership or limited liability company; and (14) Any deed, instrument, or other writing transferring realty as common area, common property, or common elements to a property owners association as defined in Code Section 44-3-221, a condominium association as defined in Code Section 443-71, or to any other mandatory membership homeowners or property owners association; provided, however, that the exemption provided under this paragraph shall apply only if the transfer is without valuable consideration."
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.

On the adoption of the substitute, the yeas were 42, 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 E Brush Y Bulloch Y Butler

E Harbison Y Harp Y Henson
Hill Y Hooks Y Hudgens Y Jackson Y Johnson

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

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781

Y Cagle Cheeks
Y Clay Y Collins E Crotts Y Dean
Fort Y Gillis Y 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
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.

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.

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 Y Blitch Y Bowen Y Brown E Brush Y Bulloch
Butler Y Cagle Y Cheeks Y Clay

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

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Y Collins E Crotts
Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Lee 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
Williams Y Zamarripa

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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.

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 Y Blitch Y Bowen Y Brown E Brush Y Bulloch Y Butler Y Cagle
Cheeks Y Clay Y Collins

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

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

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783

E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

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

Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill was taken up to consider House action thereto:

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 substitute was as follows:

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 clarify that certain home loan refinancing shall not be presumed to be a flipping; to provide for reasonable attorneys fees; to provide for liability of creditors for violations of the Act; 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 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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.

Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is

amended by striking Chapter 6A, the "Georgia Fair Lending Act," and inserting in its

place the following:

"CHAPTER 6A

7-6A-1.

This chapter shall be known and may be cited as the 'Georgia Fair Lending Act.'

7-6A-2. As used in this chapter, the term:
(1) 'Acceleration' means a demand for immediate repayment of the entire balance of a home loan. (2) 'Affiliate' means any company that controls, is controlled by, or is under common control with another company, as set forth in 12 U.S.C. Section 1841, et seq. (3) 'Annual percentage rate' means the annual percentage rate for the loan calculated at closing according to the provisions of 15 U.S.C. Section 1606, the regulations promulgated thereunder by the Board of Governors of the Federal Reserve System, and the Official Staff Commentary on Regulation Z published by the Board of Governors of the Federal Reserve System. For purposes of this chapter, the annual percentage rate shall be determined as follows:
(A) For a variable rate loan with a temporary initial rate that is lower than the rate that will apply after the temporary rate expires, the annual percentage rate shall not include such temporary initial rate; (B) For a variable rate loan, the annual percentage rate shall be determined by using the index rate and adding the maximum margin permitted during the term of the loan; and (C) For all other home loans with rates that may later increase, the rate shall be determined based on the maximum interest rate permitted during the term of the loan. (4) 'Bona fide discount points' means loan discount points knowingly paid by the borrower for the express purpose of reducing, and which in fact do result in a bona fide reduction of, the interest rate applicable to the home loan; provided, however, that the undiscounted interest rate for the home loan does not exceed by more than one percentage point the required net yield for a 90 day standard mandatory delivery commitment for a home loan with a reasonably comparable term from either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whichever is greater. (5) 'Borrower' means any natural person obligated to repay the loan including a coborrower or cosigner. (6) 'Covered home loan' means a home loan in which: (A) Without regard to whether the loan transaction is or may be a 'residential mortgage transaction' as that term is defined in 12 C.F.R. 226.2(a)(24), the annual percentage rate of the loan at consummation is such that it exceeds, as of noon ten

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business days prior to such consummation, (i) for a home loan secured by a first lien, the higher of (I) four percentage points above prime rate or (II) two percentage points above the required net yield for a 90 day standard mandatory delivery commitment for a home loan with a reasonably comparable term from either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whichever is greater, or (ii) for a home loan secured by a junior lien, the higher of (I) five and one-half percentage points above prime rate or (II) three percentage points above the required net yield for a 90 day standard mandatory delivery commitment for a loan with a reasonably comparable term from either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whichever is greater; (B) The total points and fees payable in connection with the loan, excluding not more than two bona fide discount points, exceed 3 percent of the total loan amount; or (C) The home loan is such that it is considered a high-cost home loan under this chapter. (6)(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 or a person who purchases or is assigned a home loan and is a person to whom the debt arising from the home loan transaction is initially payable. Creditor shall also mean any person brokering a home loan, which shall include any person who directly or indirectly for compensation 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 shall not include a person who is an attorney providing legal services in association with the closing of a home loan. A creditor shall not include: (A) a servicer; (B) an assignee; (C) a purchaser; or (D) any state or local housing finance agency or any other state or local governmental or quasi-governmental entity. (8)(7) 'High-cost home loan' means a home loan in which the terms of the loan meet or exceed one or more of the thresholds as defined in paragraph (19) (17) of this Code section. (9)(8) 'Home loan' means a loan, including an open-end credit plan where the principal amount does not exceed the conforming loan size limit for a single-family dwelling as established by the Federal National Mortgage Association and the loan is secured by a mortgage, security deed, or deed to secure debt on real estate located in this state upon which there is located or there is to be located a structure or structures, including a manufactured home, designed principally for occupancy of from one to four families and which is or will be occupied by a borrower as the borrowers principal dwelling, except that home loan shall not include: (A) A a reverse mortgage transaction,;

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(B) A a loan that provides bridge temporary financing for the acquisition of land by the borrower and initial construction of a borrowers dwelling thereon or the initial construction of a borrowers dwelling on land owned by the borrower,; (C) A bridge loan made to a borrower pending the sale of the borrowers principal dwelling or a temporary loan made to a borrower and secured by the borrowers principal dwelling pending the borrowers obtaining permanent financing for such principal dwelling; (D) A loan secured by personal property including, but not limited to, a motor vehicle, motor home, boat, or watercraft and also secured by the borrowers principal dwelling to provide the borrower with potential income tax advantages when such personal property is the primary collateral for such loan; (E) A new loan secured by a borrowers principal dwelling as a result of a lien taken in connection with a debt previously contracted or incurred when the loan documents for such new loan do not include a mortgage, security deed, or deed to secure debt expressly securing such new loan; or (F) A a loan primarily for business, agricultural, or commercial purposes. (10)(9) 'Make' or 'makes' means to originate a loan or to engage in brokering of a home loan including the soliciting, processing, placing, or negotiating of a home loan made or offered by a person brokering a home loan. (11)(10) 'Manufactured home' means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when erected on land secured in conjunction with the real property on which the manufactured home is located and connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. Such term does not include rental property or second homes or manufactured homes when not secured in conjunction with the real property on which the manufactured home is located. (12)(11) 'Open-end credit plan' or 'open-end loan' means a loan in which (A) a creditor reasonably contemplates repeated transactions; (B) the creditor may impose a finance charge from time to time on an outstanding balance; and (C) the amount of credit that may be extended to the borrower during the term of the loan, up to any limit set by the creditor, is generally made available to the extent that any outstanding balance is repaid. (13)(12) 'Points and fees' means: (A) All items included in the definition of finance charge in 12 C.F.R. 226.4(a) and 12 C.F.R. 226.4(b) except interest or the time price differential. All items excluded

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under 12 C.F.R. 226.4(c)(7) are excluded from points and fees, provided that for items under 12 C.F.R. 226.4(c)(7) the creditor does not receive direct or indirect compensation in connection with the charge and the charge is not paid to an affiliate of the creditor; (B) All compensation paid directly or indirectly to a mortgage broker from any source, including a broker that originates a loan in its own name in a table funded transaction, including but not limited to yield spread premiums, yield differentials, and service release fees, provided that the portion of any yield spread premium that is both disclosed to the borrower in writing and used to pay bona fide and reasonable fees to a person other than the creditor or an affiliate of the creditor for the following purposes is exempt from inclusion in points and fees: fees for tax payment services; fees for flood certification; fees for pest infestation and flood determination; appraisal fees; fees for inspection 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 set forth in 12 C.F.R. 226.4(d)(2) are met; (C) Premiums or other charges for credit life, credit accident, credit health, credit personal property, or credit loss-of-income insurance, debt suspension coverage or debt cancellation coverage, whether or not such coverage is insurance under applicable law, that provides for cancellation of all or part of a borrowers liability in the event of loss of life, health, personal property, or income or in the case of accident written in connection with a home loan and premiums or other charges for life, accident, health, or loss-of-income insurance without regard to the identity of the ultimate beneficiary of such insurance. In determining points and fees for the purposes of this paragraph, premiums or other charges shall only include those payable at or before loan closing and are included whether they are paid in cash or financed and whether the amount represents the entire premium for the coverage or an initial payment; (D) The maximum prepayment fees and penalties that may be charged or collected under the terms of the loan documents. Mortgage interest that may accrue in advance of payment in full of a loan made under a local, state, or federal government sponsored mortgage insurance or guaranty program, including a Federal Housing Administration program, shall not be considered to be a prepayment fee or penalty; (E) All prepayment fees or penalties that are charged to the borrower if the loan refinances a previous loan made or currently held or serviced by the same creditor or an affiliate of the creditor; (F) For open-end loans, points and fees are calculated in the same manner as for loans other than open-end loans, based on the minimum points and fees that a borrower would be required to pay in order to draw on the open-end loan an amount equal to the total credit line; and

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(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; and (iv) Notwithstanding any provision to the contrary in this chapter, compensation in the form of premiums, commissions, or similar charges paid to a creditor or any affiliate of a creditor for the sale of: (I) title insurance; or (II) insurance against loss of or damage to property or against liability arising out of the ownership or use of property, provided that the conditions in 12 C.F.R. 226.4(d)(2) are met.
(14) 'Prime rate' means the bank prime loan rate published by the Board of Governors of the Federal Reserve System, as published in statistical release H.15 or any publication that may supersede it. (15)(13) 'Process,' 'processes,' or 'processing' means to act as a processor. (16)(14) 'Processor' means any person that prepares paperwork necessary for or associated with the closing of a home loan, including but not limited to promissory notes, disclosures, deeds, and closing statements, provided that processor shall not include persons on the grounds that they are engaged in data processing or statement generation services for home loans. (17)(15) 'Servicer' means the same as set forth in 24 C.F.R. 3500.2. (18)(16) 'Servicing' means the same as set forth in 24 C.F.R. 3500.2. (19)(17) 'Threshold' means:
(A) Without regard to whether the loan transaction is or may be a 'residential mortgage transaction' as that term is defined in 12 C.F.R. 226.2(a)(24), the annual percentage rate of the loan is such that it equals or exceeds that set out in Section 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. Section 1602(aa), and the regulations adopted pursuant thereto by the Federal Reserve Board, including Section 12 C.F.R. 226.32; or (B) The total points and fees payable in connection with the loan, excluding not more than two bona fide discount points, exceed: (i) 5 percent of the total loan

THURSDAY, MARCH 6, 2003

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amount if the total loan amount is $20,000.00 or more or (ii) the lesser of 8 percent of the total loan amount or $1,000.00 if the total loan amount is less than $20,000.00. (20)(18) 'Total loan amount' means the principal of the loan minus those points and fees as defined in paragraph (13) of this Code section that are included in the principal amount of the loan amount calculated as set forth in 12 C.F.R. 226.32(a) and under the Official Staff Commentary of the Board of Governors of the Federal Reserve System. For open-end loans, the total loan amount shall be calculated using the total credit line available under the terms of the home loan minus those points and fees as defined in paragraph (13) of this Code section that are included in the total credit line as the amount financed. (21) 'Variable rate loan' means a home loan where the rate of interest charged may change during the term of the loan, pursuant to a rate that is calculated only by using an index that can change due to circumstances beyond the direct control of the creditor or servicer and adding a margin that may change.
7-6A-3. All home loans shall be subject to the following limitations and prohibited practices:
(1) No creditor shall make a home loan that finances, directly or indirectly: (A) Any credit life, credit accident, credit health, credit personal property, or credit loss-of-income insurance, debt suspension coverage, or debt cancellation coverage, whether or not such coverage is insurance under applicable law, that provides for cancellation of all or part of a borrowers liability in the event of loss of life, health, personal property, or income or in the case of accident written in connection with a home loan; or (B) Any life, accident, health, or loss-of-income insurance without regard to the identity of the ultimate beneficiary of such insurance;
provided, however, that for the purposes of this Code section, any premiums or charges calculated and paid on a periodic monthly basis that are not added to the principal of the loan shall not be considered financed directly or indirectly by the creditor; (2) No creditor or servicer shall recommend or encourage default on an existing loan or other debt prior to and in connection with the closing or planned closing of a home loan that refinances all or any portion of such existing loan or debt; (3) No creditor or servicer may charge a borrower a late payment charge unless the loan documents specifically authorize the charge, the charge is not imposed unless the payment is past due for ten days or more, and the charge does not exceed 5 percent of the amount of the late payment. A late payment charge may not be imposed more than once with respect to a single particular late payment and. If a late payment charge is deducted from a payment made on the home loan and such deduction results in a subsequent default on a subsequent payment, no late payment charge may be charged with respect to any subsequent payment that would have been a full payment but for the previous default or the imposition of the previous late payment charge

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imposed for such default. A lender may apply any payment made in the order of maturity to a prior periods payment due even if the result is late payment charges accruing on subsequent payments due; and (4) No creditor or servicer may charge a fee for informing or transmitting to any person the balance due to pay off a home loan or to provide a release upon prepayment. When such information is provided by facsimile or if it is provided upon request within 60 days of the fulfillment of a previous request, a creditor or servicer may charge a processing fee up to $10.00. Payoff balances shall be provided within a reasonable time but in any event no more than five business days after the request.
7-6A-4. (a) No creditor may knowingly or intentionally engage in the unfair act or practice of 'flipping' a home loan. Flipping occurs when a creditor makes a covered a home loan is the consummating of a high cost home loan to a borrower that refinances an existing home loan that was consummated within the prior five years when the new loan does not provide reasonable, tangible net benefit to the borrower considering all of the circumstances, including, but not limited to, the terms of both the new and refinanced loans, the cost of the new loan, and the borrowers circumstances. In addition, the (b) The home loan refinancing transaction shall be presumed to be a flipping where a covered high-cost home loan refinances an existing home loan that was consummated within the prior five years and that is a special mortgage originated, subsidized, or guaranteed by or through a state, tribal, or local government or a nonprofit organization, which either bears a below-market interest rate at the time the loan was originated or has nonstandard payment terms beneficial to the borrower, such as payments that vary with income, are limited to a percentage of income, or where no payments are required under specified conditions and where, as a result of the refinancing, the borrower will lose one or more of the benefits of the special mortgage. Notwithstanding any provision to the contrary contained in this chapter, home loan refinancing transactions of first mortgage loans originated by, purchased by, or assigned to the Georgia Housing and Finance Authority shall not be presumed to be a flipping under this subsection. (c) Notwithstanding any provision to the contrary contained in this chapter regarding costs and attorneys fees, in any action instituted by a borrower who alleges that the defendant violated this Code section, the borrower shall be entitled to costs and attorneys fees only if the presiding judge, in the judges discretion, allows reasonable attorneys fees and costs to the borrower as prevailing party, such fees and costs to be taxed as a part of the court costs and payable by the losing party upon a finding by the presiding judge that the party charged with the violation has willfully engaged in the act or practice and there was unwarranted refusal by such party to fully resolve the matter which constitutes the basis of such action.
7-6A-5. High-cost home loans shall be subject to the following limitations and prohibited practices:

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(1) No prepayment fees or penalties shall be provided for in the loan documents for a high-cost home loan or charged the borrower after the last day of the twenty-fourth month following the loan closing or which exceed in the aggregate:
(A) In the first 12 months after the loan closing, more than 2 percent of the loan amount prepaid; or (B) In the second 12 months after the loan closing, more than 1 percent of the amount prepaid; (2) A high-cost home loan shall not contain a scheduled payment that is more than twice as large as the average of earlier scheduled payments. This provision does not apply when the payment schedule is adjusted to the seasonal or irregular income of the borrower; (3) A high-cost home loan shall not include payment terms under which the outstanding principal balance will increase at any time over the course of the loan because the regular periodic payments do not cover the full amount of interest due; (4) A high-cost home loan shall not contain a provision that increases the interest rate after default. This provision does not apply to interest rate changes in a variable rate loan otherwise consistent with the provisions of the loan documents, provided the change in the interest rate is not triggered by the event of default or the acceleration of the indebtedness; (5) A high-cost home loan shall not include terms under which more than two periodic payments required under the loan are consolidated and paid in advance from the loan proceeds provided to the borrower; (6) Without regard to whether a borrower is acting individually or on behalf of others similarly situated, any provision of a high-cost home loan agreement that allows a party to require a borrower to assert any claim or defense in a forum that is less convenient, more costly, or more dilatory for the resolution of a dispute than a judicial forum established in this state where the borrower may otherwise properly bring the claim or defense or limits in any way any claim or defense the borrower may have is unconscionable and void; (7) A creditor shall not make a high-cost home loan without first receiving certification from a counselor with a third-party nonprofit organization approved by the United States Department of Housing and Urban Development or the Georgia Housing and Finance Authority that the borrower has received counseling on the advisability of the loan transaction. No creditor, servicer, or its institution shall be required to contribute to the funding of any nonprofit organization that provides counseling required pursuant to this paragraph; (8) A creditor shall not make a high-cost home loan unless a reasonable creditor would believe at the time the loan is consummated that the borrower residing in the home will be able to make the scheduled payments associated with the loan based upon a consideration of his or her current and expected income, current obligations, employment status, and other financial resources, other than the borrowers equity in the collateral that secures repayment of the loan. There is a rebuttable presumption that the borrower residing in the home is able to make the scheduled payments to

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repay the obligation if, at the time the loan is consummated, said borrowers total monthly debts, including amounts under the loan, do not exceed 50 percent of said borrowers monthly gross income as verified by tax returns, payroll receipts, and other third-party income verification; (9) A creditor or servicer shall not pay a contractor under a home improvement contract from the proceeds of a high-cost home loan unless:
(A) The creditor or servicer is presented with an affidavit of the contractor that the work has been completed, which affidavit meets the requirements of Code Section 44-14-361.2; and (B) The proceeds are disbursed in an instrument payable to the borrower or jointly to the borrower and the contractor or, at the election of the borrower, through a third-party escrow agent in accordance with terms established in a written agreement signed by the borrower, the drafter of the instrument, and the contractor prior to the disbursement; (10) A creditor or servicer shall not charge a borrower any fees or other charges to modify, renew, extend, or amend a high-cost home loan or to defer any payment due under the terms of a high-cost home loan; (11) A creditor who makes a high-cost home loan and who has the legal right to foreclose shall provide notice of the intent to foreclose to the borrower in writing by certified mail, return receipt requested, to the address of the borrower last known to the creditor. Such notice shall be sent to the borrower at least 14 days prior to the publication of the legal advertisement required by Code Section 44-14-162; (12) If a creditor or servicer asserts that grounds for acceleration of a high-cost home loan exist and requires the payment in full of all sums secured by the security instrument, the borrower or anyone authorized to act on the borrowers behalf shall have the right at any time, up to the time title is transferred by means of foreclosure by judicial proceeding and sale or otherwise, to cure the default and reinstate the highcost home loan by tendering the total amount of principal, interest, late fees, and escrow deposits in arrears, not including any acceleration. Cure of default as provided in this paragraph shall reinstate the borrower to the same position as if the default had not occurred and shall nullify as of the date of the cure any acceleration of any obligation under the security instrument or note arising from the default; (13)(A) To cure a default under this Code section, a borrower shall not be required to pay any charge, fee, or penalty attributable to the exercise of the right to cure a default as provided for in this Code section, other than the fees specifically allowed by this Code section. The borrower shall not be liable for any attorney attorneys fees relating to the borrowers default that are incurred by the creditor or servicer prior to or during the 30 day period set forth in this paragraph, nor for any such fees in excess of $100.00 that are incurred by the creditor or servicer after the expiration of the 30 day period but prior to the time the creditor or servicer files a foreclosure action or takes other action to seize or transfer ownership of the home. After the creditor or servicer files a foreclosure action or takes other action to seize or transfer ownership of the home, the borrower shall only be liable for attorney attorneys fees

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that are reasonable and actually incurred by the creditor or servicer based on a reasonable hourly rate and a reasonable number of hours plus any other reasonable and necessary expenses incurred by the creditor or servicer. (B) If a default is cured prior to the initiation of any action to foreclose or to seize or transfer a home, the creditor or servicer shall not institute the foreclosure proceeding or other action for that default. If a default is cured after the initiation of any action to foreclose, the creditor or servicer shall take such steps as are necessary to terminate the foreclosure proceeding or other action. (C) Before any action is filed to foreclose upon the home or other action is taken to seize or transfer ownership of a home, a notice of the right to cure the default must be delivered to the borrower informing the borrower of the following:
(i) The nature of the default claimed on the high-cost home loan and of the borrowers right to cure the default by paying the sum of money required to cure the default. If the amount necessary to cure the default will change during the 30 day period after the effective date of the notice due to the application of a daily interest rate or the addition of late fees as allowed by this chapter, the notice shall give sufficient information to enable the borrower to calculate the amount at any point during the 30 day period; (ii) The date by which the borrower shall cure the default to avoid acceleration and initiation of foreclosure or other action to seize the home which date shall not be less than 30 days after the date the notice is effective and the name and address and phone number of a person to whom the payment or tender shall be made; (iii) That, if the borrower does not cure the default by the date specified, the creditor or servicer may take steps to terminate the borrowers ownership in the property by commencing a foreclosure proceeding or other action to seize the home; and (iv) The name and address of the creditor or servicer and the telephone number of a representative of the creditor or servicer whom the borrower may contact if the borrower disagrees with the creditors or servicers assertion that a default has occurred or the correctness of the creditors or servicers calculation of the amount required to cure the default; (14) A high-cost home loan shall not contain nor shall a creditor or servicer enforce a provision that permits a creditor or servicer, in its sole discretion, to accelerate the indebtedness. This paragraph does not prohibit acceleration of the loan in good faith due to the borrowers failure to abide by the material terms of the loan; and (15) All high-cost home loan documents that create a debt or pledge property as collateral shall contain the following notice on the first page in a conspicuous manner: 'Notice: This is a mortgage subject to special rules under the "Georgia Fair Lending Act." Purchasers or assignees of this mortgage may be liable for all claims and defenses by the borrower with respect to the mortgage.'
7-6A-6.

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(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 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 assigned, or otherwise assigned becomes a holder of a high-cost home loan shall be subject to all affirmative claims and any defenses with respect to the high-cost home loan that the borrower could assert against the original creditor or creditors of the highcost home loan, unless the purchaser or holder demonstrates, by a preponderance of the evidence, that the purchaser or holder exercised reasonable due diligence at the time of purchase of the home loans, or within a reasonable time thereafter, intended to prevent the purchaser or holder from purchasing or taking assignment of high-cost home loans. (c) Notwithstanding any other provision of law, 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 The relief granted in an action pursuant to subsection (b) of this Code section:
(1) May be asserted by the borrower only in an individual action and shall not exceed the sum of the amount of all remaining indebtedness of the borrower under such loan and reasonable attorneys fees in such individual action; (2) May be sought by the borrower of a high-cost home loan after notice of acceleration or foreclosure of the high-cost home loan, asserting a violation of Code Section 7-6A-4 or 7-6A-5 in an individual action to enjoin foreclosure or to preserve or obtain possession of the home secured by the high-cost home loan; and (3) Must be brought within one year from the date of the occurrence of the violation; provided, however, a borrower shall not be barred from asserting a violation of Code Section 7-6A-5 in an action to collect the debt which was brought more than one year from the date of the occurrence of such a violation as a matter of defense by recoupment or set-off in such action except as otherwise provided by law." (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.
7-6A-7.

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(a) Any person creditor found by a preponderance of the evidence to have violated this chapter shall be liable to the borrower for the following:
(1) Actual damages, including consequential and incidental damages; (2) Statutory damages equal to the recovery of two times the interest paid under the loan and forfeiture of interest under the loan for any violation of paragraph (1) or (2) of Code Section 7-6A-3, any violation of Code Section 7-6A-4, or any violation of Code Section 7-6A-5; (3) Punitive damages subject to Code Section 51-12-5.1; and (4) Costs and reasonable attorney attorneys fees. (b) A borrower may be granted injunctive, declaratory, and such other equitable relief as the court deems appropriate in an action to enforce compliance with this chapter including, but not limited to, the following: (1) Notwithstanding any other provision of law, a court shall have the discretion not to require a borrower of a covered high-cost home loan seeking injunctive or other equitable relief under the provisions of this chapter to make a tender upon a showing that the borrower has a reasonable likelihood of being successful on the merits. When tender is not required by the court, upon application to the court by the creditor, the court shall require the borrower to pay into the registry of the court all regularly scheduled home loan payments including property taxes and homeowners hazard insurance premiums if required by escrow agreement which are the responsibility of the borrower payable to the creditor or servicer under the terms of the home loan agreement which become due after the filing of the legal action, said home loan payments to be paid as such become due, and such other expenses provided under the home loan agreement as the court may deem just, provided that regularly scheduled payments shall not include any payments allegedly due under any acceleration provision of the home loan. If the creditor or servicer and the borrower disagree as to the amount of the home loan payments due, either or both of them may submit to the court any written home loan agreement for the purpose of establishing the amount of home loan payments to be paid into the registry of the court; (2) If the borrower should fail to make any regularly scheduled payment under a high-cost home loan as it becomes due after the filing of this action, upon application to the court by the creditor or servicer, the court may issue an order denying the borrowers petition for injunctive or other equitable relief, and vacating any decree for injunctive or equitable relief previously entered by the court; and (3) The court shall order the clerk of the court to pay to the creditor or any person the creditor may designate the payments claimed under the high-cost home loan agreement paid into the registry of the court as said payments are made; provided, however, that, if the borrower claims that he or she is entitled to all or any part of the funds and such claim is an issue of controversy in the litigation, the court shall order the clerk to pay to the creditor or any person the creditor may designate without delay only that portion of the funds to which the borrower has made no claim in the proceedings or may make such other order as is appropriate under the circumstances. That part of the funds which is a matter of controversy in the litigation shall remain in

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the registry of the court until a determination of the issues by the trial court. If either party appeals the decision of the trial court, that part of the funds equal to any sums found by the trial court to be due from the creditor or servicer to the borrower shall remain in the registry of the court until a final determination of the issues. The court shall order the clerk to pay to the creditor or any person the creditor may designate without delay the remaining funds in court and all payments of future home loan payments made into court pursuant to paragraph (1) of this subsection unless the borrower can show good cause that some or all of such payments should remain in court pending a final determination of the issues. (c) The remedies provided in this chapter shall be cumulative. (d) Any violation of this chapter may be enforced pursuant to Code Section 9-11-23. (e) The right of rescission granted and defined under 15 U.S.C. Section 1601, et seq., and a right of rescission for any violation of paragraph (1) or (2) of Code Section 7-6A3, any violation of Code Section 7-6A-4, or any violation of Code Section 7-6A-5 shall be available to a borrower of a high-cost home loan at any time during the term of the loan not to exceed a period of five years after the consummation of the loan. (f) The brokering of a home loan by a broker registered or licensed or required to be registered or licensed as a broker under the laws of this state or any other jurisdiction that violates the provisions of this chapter shall constitute a violation of such provisions. (g) Without regard to whether a borrower is acting individually or on behalf of others similarly situated, any provision of a home loan agreement that allows a party to require a borrower to assert any claim or defense in a forum that is less convenient, more costly, or more dilatory for the resolution of a dispute than a judicial forum established in this state where the borrower may otherwise properly bring the claim or defense or limits in any way any claim or defense the borrower may have is unconscionable and void. (h) An action under this chapter may be brought within four years of the date of the last payment made or five years after the date of the first scheduled payment, whichever is earlier, by the borrower under the home loan. (i) The remedies provided in this chapter are not intended to be the exclusive remedies available to a borrower nor must the borrower exhaust any administrative remedies provided under this chapter or any other applicable law before proceeding under this Code section.
7-6A-8. (a) The Attorney General, the district attorneys of this state, and the commissioner of banking and finance shall have jurisdiction to enforce this chapter through their general regulatory powers and through civil process. The Commissioner of Insurance shall have like authority to enforce paragraph (1) of Code Section 7-6A-3. (b) Any person, including members, officers, and directors of a creditor, who knowingly violates this chapter is guilty of a misdemeanor and, on conviction, is

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subject to a fine not exceeding $1,000.00 for each violation or to imprisonment not exceeding six months, or both.
7-6A-9. A creditor or servicer or an insurer providing insurance through premiums financed by a creditor of a home loan who, when acting in good faith, fails to comply with the provisions of this chapter will not be deemed to have violated this chapter if the creditor or servicer or insurer providing insurance through premiums financed by a creditor establishes that either:
(1) Within 90 days of the loan closing and prior to receiving any notice from the borrower of the compliance failure, (A) the creditor or servicer has offered appropriate restitution to the borrower and appropriate adjustments are made to the loan or (B) to correct a compliance failure of paragraph (1) of Code Section 7-6A-3, an insurer providing insurance through premiums financed by a creditor may provide appropriate restitution to the borrower by returning premiums paid plus interest charged on the premiums to the borrower upon receipt of notice of the compliance failure; or (2) Within 90 days of discovering a compliance failure and prior to receiving any notice of the compliance failure and the compliance failure was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid such errors, the borrower is notified of the compliance failure, appropriate restitution is offered to the borrower, and appropriate adjustments are made to the loan. Examples of a bona fide error include clerical, calculation, computer malfunction and programming, and printing errors. An error of legal judgment with respect to a persons obligations under this chapter is not a bona fide error.
7-6A-10. The provisions of this chapter shall be severable and, if any phrase, clause, sentence, or provision is declared to be invalid or is preempted by federal law or regulation, the validity of the remainder of this chapter shall not be affected thereby. If any provision of this chapter is declared to be inapplicable to any category of persons or any specific category, type, or kind of loan or portions thereof, the provisions of this chapter shall nonetheless continue to apply with respect to all other persons and all other loans or portions thereof.
7-6A-11. No municipality or county shall enact any ordinance or law that regulates the terms of home loans or that makes the eligibility of any person or entity to do business with the municipality or county dependent upon the terms of home loans originated or serviced by such person or entity.
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The provisions of this chapter shall not apply to any bank, trust company, savings and loan, savings bank, credit union, or subsidiary thereof, 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 7-6A-7, 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.
7-6A-13. Without limitations on the power conferred by Chapter 1 of this title, the Department of Banking and Finance shall have the authority to promulgate rules and regulations not inconsistent with law for the enforcement of this chapter to effectuate the purposes of this chapter and to clarify the meaning of terms. In complying with this chapter, a creditors good faith reliance on any formal or informal written guidance of the Department of Banking and Finance previously made available to the general public shall constitute prima-facie evidence of compliance with this chapter. The provisions of this Code section shall apply even if, following the reliance, such guidance is amended, rescinded, or determined by any judicial or other authority to be invalid."
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.
Senator Cheeks of the 23rd moved that the Senate disagree to the House substitute to SB 53.
Senator Stephens of the 51st moved that the Senate agree to the House substitute to SB 53.
Senator Cheeks of the 23rd moved that the Senate agree to the House substitute as amended by the Senate. The motion to agree to the House substitute as amended by the Senate took precedence.
The Senate amendment was as follows:

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Amend the House substitute to SB 53 by striking all matter from line 1 on page 1 through the end of the bill and inserting in its place the following:
"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 related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 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 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

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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 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 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; 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

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

SECTION 5. All laws and parts of laws in conflict with this Act are repealed."

On the motion, a roll call was taken and the vote was as follows:

Y Adelman N Balfour

Y Harbison N Harp

Y Seay N Shafer

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

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

E 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 motion, the yeas were 26, nays 29; the motion lost, and the Senate did not agree to the House substitute to SB 53 as amended by the Senate.

On the motion to agree to the House substitute, which was next in the order of precedence, 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 N Cheeks Y Clay Y Collins Y Crotts N Dean N Fort Y Gillis Y Golden N 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 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 N Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa

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On the motion, the yeas were 29, nays 26; the motion prevailed, and the Senate agreed to the House substitute to SB 53.

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 206.

By Representatives Gardner of the 42nd, Post 3, Childers of the 13th, Post 1, Hembree of the 46th and Drenner of the 57th:

A BILL 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; and for other purposes.

HB 289.

By Representatives Smith of the 110th, Coleman of the 65th, Barnard of the 121st, Post 1 and Dodson of the 84th, Post 1:

A BILL to amend Code Section 45-20-16 of the Official Code of Georgia Annotated, relating to sick and personal leave for public officers and employees, so as to provide for restoration of certain forfeited sick leave after return to service for two consecutive years; and for other purposes.

HB 455. By Representatives Powell of the 23rd and Parham of the 94th:

A BILL to amend Code Section 46-7-85.5 of the Official Code of Georgia Annotated, relating to safety and mechanical inspections, so as to provide that each limousine carrier shall obtain and furnish a report of inspection for safety and mechanical function on an annual basis; and for other purposes.

HB 463.

By Representatives Boggs of the 145th, Westmoreland of the 86th, Skipper of the 116th, Bordeaux of the 125th, Rogers of the 20th and others:

A BILL to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, so as to change the provisions relating to registration requirements applicable to certain sex

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HB 470. HB 475. HB 584. HB 649. HB 650.

offenders; to include additional offenses relating to victims who are minors; to clarify language for annual registration; and for other purposes.
By Representatives Benfield of the 56th, Post 1, Westmoreland of the 86th, Crawford of the 91st, Gardner of the 42nd, Post 3 and Oliver of the 56th, Post 2:
A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to expand the jurisdiction of the juvenile court to all persons under the age of 18; to conform provisions relating to juveniles to such expansion of jurisdiction; and for other purposes.
By Representatives Dukes of the 136th, Cummings of the 19th, Black of the 144th, Stephens of the 123rd, Martin of the 37th and others:
A BILL 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 the state and its political subdivisions may accept contributions from employers and employees; and for other purposes.
By Representatives Mosley of the 129th, Post 1, Smith of the 129th, Post 2 and DeLoach of the 127th:
A BILL to provide that future elections for the office of probate judge of Long County shall be nonpartisan elections and provide for an election date; and for other purposes.
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 providing that the governing authority of the county-wide government of Columbus, shall be authorized to provide for salary supplements for certain officers, officials, and employees of the county-wide government, so as to authorize such supplements for the judge of the probate court; and for other purposes.
By Representative Hanner of the 133rd:
A BILL to amend an Act entitled "An Act providing a new charter for the City of Smithville," so as to provide for four-year staggered terms for the mayor and city councilmembers; and for other purposes.

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805

HB 652. HB 657. HB 659. HB 660. HB 661. HB 662.

By Representatives Cummings of the 19th and Heath of the 18th:
A BILL to amend an Act providing for a new board of education of Polk County, so as to provide for the election of members of the board of education by the voters of the entire county; and for other purposes.
By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Howell of the 92nd:
A BILL to amend an Act to provide a board of elections for Spalding County, so as to change the board of elections to a board of elections and registration; and for other purposes.
By Representatives Ehrhart of the 28th, Richardson of the 26th, Manning of the 32nd, Franklin of the 17th, Cooper of the 30th and others:
A BILL to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of certain employees of such office; and for other purposes.
By Representatives Brown of the 89th, Epps of the 90th and Smith of the 110th:
A BILL to amend an Act providing a board of education of Troup County, so as to correct a technical error and omissions in said 2002 amendatory Act; to provide that all members of the board who are elected thereto shall be nominated and elected in accordance with the Georgia Election Code in nonpartisan primaries and elections; and for other purposes.
By Representatives Millar of the 52nd, Drenner of the 57th, Watson of the 60th, Post 2, McClinton of the 59th, Post 1, Mobley of the 58th and others:
A BILL to provide for a homestead exemption from certain DeKalb County School District ad valorem taxes for educational 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; and for other purposes.
By Representatives Millar of the 52nd, Drenner of the 57th, Watson of the 60th, Post 2, McClinton of the 59th, Post 1, Mobley of the 58th and others:
A BILL to provide for a homestead exemption from certain DeKalb County

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HB 665. HB 667. HB 668. HB 669.

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; and for other purposes.
By Representatives Black of the 144th, Shaw of the 143rd and Borders of the 142nd:
A BILL to amend an Act providing for the number of members and for the election of members of the Board of Education of Lowndes County, so as to revise the districts for the election of members of the board of education; and for other purposes.
By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Quitman 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.
By Representative Greene of the 134th:
A BILL to amend an Act creating the State Court of Early County, so as to provide for terms of said court; and for other purposes.
By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Clay 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.

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

HR 28.

By Representatives Amerson of the 9th, Reece of the 21st, Rogers of the 20th and Mills of the 67th, Post 2:
A RESOLUTION designating a portion of SR 60 in Hall County as the Sonny Kemp Intersection; and for other purposes.

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807

HR 81.

By Representatives Williams of the 4th, Forster of the 3rd, Post 1, Joyce of the 2nd, Brock of the 5th, Chambers of the 53rd and others:

A RESOLUTION designating the Harold Mann Memorial Interchange on I-75 in Whitfield County; and for other purposes.

HR 115. By Representative Greene of the 134th:

A RESOLUTION designating that new portion of US 82 within the corporate limits of the City of Georgetown as Martin Luther King, Jr., Bypass; and for other purposes.

HR 128.

By Representatives Sholar of the 141st, Post 1, Broome of the 141st, Post 2 and Greene of the 134th:

A RESOLUTION designating a portion of SR 38 in the City of Climax in honor of Lt. Col. Doyce Ariail; and for other purposes.

HR 146. By Representative Amerson of the 9th:

HR 175.

A RESOLUTION designating the Dean Bryant Intersection; and for other purposes. By Representative Rogers of the 20th:

A RESOLUTION recognizing Boyd Rodney "Rod" Smith and designating the Rod Smith Memorial Garden; and for other purposes.

HR 212. By Representative Dukes of the 136th:

A RESOLUTION designating the Charles F. Hatcher Highway; and for other purposes.

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

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,

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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.
The following bill was taken up to consider House action thereto:
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.
Senator Hill of the 4th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Hill of the 4th, Price of the 56th and Cheeks of the 23rd.
The following resolution was read and put upon its adoption:
SR 242. By Senators Price of the 56th 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 unless otherwise provided by subsequent resolution of the General Assembly, periods of adjournment and reconvening for the remainder of this 2003 regular session of the General Assembly shall be as follows:
(1) The General Assembly shall adjourn at the conclusion of the legislative day on Thursday, March 6, the 26th legislative day of the session; (2) The General Assembly shall reconvene on Monday, March 24, the 27th legislative day of the session; (3) The General Assembly shall adjourn at the conclusion of the legislative day on Friday, March 28, the 31st legislative day of the session; (4) The General Assembly shall reconvene on Monday, April 7, the 32nd legislative day of the session; (5) The General Assembly shall adjourn at the conclusion of the legislative day on Friday, April 11, the 36th day of the legislative session;

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809

(6) The General Assembly shall reconvene on Monday, April 14, the 37th day of the legislative session; (7) The General Assembly shall adjourn at the conclusion of the legislative day on Wednesday, April 16, the 39th day of the legislative session; and (8) The General Assembly shall reconvene on Friday, April 18, the 40th and final day of the legislative session.
BE IT FURTHER RESOLVED that the hour for closing and convening the Senate on each such day shall be as ordered by the Senate; and the hour for closing and convening the House on each such day shall be as ordered by the House.
On the adoption of the resolution, the yeas were 49, nays 1, and the resolution was adopted.
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 242. By Senators Price of the 56th and Meyer von Bremen of the 12th:
A RESOLUTION relative to adjournment; and for other purposes.
Senator Price of the 56th moved that the Senate adjourn, pursuant to SR 242, until 11:00 a.m., Monday, March 24, 2003.
The motion prevailed, and the President announced the Senate adjourned at 5:03 p.m.

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Senate Chamber, Atlanta, Georgia Monday, March 24, 2003
Twenty-seventh 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 Senate legislation was introduced, read the first time and referred to committee:
SB 261. By Senators Harp of the 16th, Tolleson of the 18th, Squires of the 5th, Brown of the 26th and Collins of the 6th:
A BILL to be entitled an Act to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to provide for additional procedures with respect to zoning decisions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Veterans and Military Affairs Committee.
SB 262. By Senators Harp of the 16th, Tolleson of the 18th, Squires of the 5th, Brown of the 26th and Collins of the 6th:
A BILL to be entitled an Act to amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to applications and fees for drivers licenses, so as to provide that the department shall accept a military identification card from an applicant for a drivers license; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 263. 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 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide for

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reports and registration of legitimations, paternity orders, guardianships, and amendments and dissolutions of guardianships; to provide for duties of courts, the Office of State Administrative Hearings, petitioners, clerks of courts, and the state registrar; to provide for establishing a new certificate of birth in the case of legitimations and paternity orders; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 264. By Senators Stokes of the 43rd and Balfour of the 9th:
A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide for actions against community living arrangements and drug abuse treatment and education programs licensed by the Department of Human Resources; to provide for the relocation of residents of certain community living arrangements and patients of certain drug abuse treatment and education programs under certain conditions; to include community living arrangements in a definition of long-term care facility for purposes of reporting abuse or exploitation; to amend Title 37 of the O.C.G.A., relating to mental health, so as to provide for the licensing of community living arrangements by the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 265. By Senators Thomas of the 10th and Thomas of the 54th:
A BILL to be entitled an Act to amend Code Section 31-11-53.2 of the Official Code of Georgia Annotated, relating to the use of automated external defibrillators by lay rescuers, so as to require the registration of automated external defibrillators with the Georgia Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 266. By Senators Meyer von Bremen of the 12th and Price of the 56th:
A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, so as to require postsecondary educational institutions to provide information on meningococcal meningitis; to require vaccination against meningococcal meningitis or a signed waiver for certain students enrolled in postsecondary educational institutions; to provide that postsecondary educational institutions

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shall not be required to pay for such vaccinations; to provide for legislative findings and intent; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 267. By Senators Unterman of the 45th, Stephens of the 51st and Lamutt of the 21st:
A BILL to be entitled an Act to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain, so as to revise a provision relating to the power to condemn easements for electric power plants; to prohibit the use of the power of eminent domain to acquire any property for the construction of an electric transmission line without issuance of a certificate of need by the Public Service Commission; to provide for applications for such certificates of need and for rules establishing the practice and procedure in connection therewith; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 268. By Senators Jackson of the 50th, Bulloch of the 11th, Hooks of the 14th and Butler of the 55th:
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 an increase in state salary for certain school speech-language pathologists and audiologists who earn national certification; to provide definitions; to phase-in such salary increase according to length of employment in Georgia public schools; to provide for the amount of such increase; to provide when such increase shall become effective; to provide for related matters; to provide for an effective date contingent upon approval of funding; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.
SB 269. By Senator Tate of the 38th:
A BILL to be entitled an Act to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines, so as to authorize the imposition and collection of jail booking fees in the traffic court or municipal court of any municipality or consolidated government in this state which operates a jail or pretrial detention facility; to provide

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legislative authority for such article; to provide for definitions; to provide for disposition of such fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 270. By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend an Act incorporating the City of Wrens in Jefferson County, approved December 17, 1901 (Ga. L. 1901, p. 722), as amended, so as to provide for a mayor pro tem. and the duties and powers thereof; to change the provisions regarding vacancies in office; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 271. By Senators Lee of the 29th and Bowen of the 13th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the officers of the Department of Transportation, so as to provide that the commissioner of transportation shall have the authority to appoint and employ investigators; to provide for powers of such investigators; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SB 272. By Senators Seabaugh of the 28th, Thomas of the 2nd and Shafer of the 48th:
A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to revise provisions regulating telemarketing to residential telephone subscribers to include telemarketing to cellular subscribers; to revise legislative findings, definitions, and the prohibition of telephone solicitation to certain subscribers; to revise provisions relating to a data base of subscribers who object to telephone solicitations and fees in connection therewith; to provide a penalty for unlawful compilation or dissemination of information from such data base; to revise procedures for persons making telephone solicitations; 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 273. By Senators Moody of the 27th, Kemp of the 46th, Johnson of the 1st and Mullis of the 53rd:
A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of publicprivate infrastructure projects; to provide for a short title; to provide for definitions; to provide for legislative intent; to provide for contracting authority; to provide for procedures, conditions, and limitations with respect to approval of qualifying projects and selection of proposals; to provide for powers, duties, and responsibilities of project operators; to provide for default; to provide for remedies; to provide for property dedication; to provide for condemnation; to provide for exercise of police powers; to provide for funding; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development and Tourism Committee.
SB 274. By Senator Seay of the 34th:
A BILL to be entitled an Act to amend Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to revenue bonds, so as to specifically provide for the issuance of obligations in anticipation of the issuance of revenue bonds and to specify the validation procedures therefor; to change certain provisions regarding permissible contracts; to change certain provisions regarding issuance, covenants, and validation of revenue bonds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SR 240. By Senator Clay of the 37th:
A RESOLUTION urging the Governor to create a commission in cooperation with the Governor of South Carolina to study the feasibility of creating a Joint Port Authority for the Port of Savannah; and for other purposes.
Referred to the Interstate Cooperation Committee.
The following House legislation was read the first time and referred to committee:
HB 206. By Representatives Gardner of the 42nd, Post 3, Childers of the 13th, Post 1, Hembree of the 46th and Drenner of the 57th:
A BILL to amend Code Section 43-10A-7 of the Official Code of Georgia

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815

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; and for other purposes.
Referred to the Health and Human Services Committee.
HB 289. By Representatives Smith of the 110th, Coleman of the 65th, Barnard of the 121st, Post 1 and Dodson of the 84th, Post 1:
A BILL to amend Code Section 45-20-16 of the Official Code of Georgia Annotated, relating to sick and personal leave for public officers and employees, so as to provide for restoration of certain forfeited sick leave after return to service for two consecutive years; and for other purposes.
Referred to the Retirement Committee.
HB 455. By Representatives Powell of the 23rd and Parham of the 94th:
A BILL to amend Code Section 46-7-85.5 of the Official Code of Georgia Annotated, relating to safety and mechanical inspections, so as to provide that each limousine carrier shall obtain and furnish a report of inspection for safety and mechanical function on an annual basis; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 463. By Representatives Boggs of the 145th, Westmoreland of the 86th, Skipper of the 116th, Bordeaux of the 125th, Rogers of the 20th and others:
A BILL to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, so as to change the provisions relating to registration requirements applicable to certain sex offenders; to include additional offenses relating to victims who are minors; to clarify language for annual registration; and for other purposes.
Referred to the Judiciary Committee.
HB 470. By Representatives Benfield of the 56th, Post 1, Westmoreland of the 86th, Crawford of the 91st, Gardner of the 42nd, Post 3 and Oliver of the 56th, Post 2:
A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to expand

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the jurisdiction of the juvenile court to all persons under the age of 18; to conform provisions relating to juveniles to such expansion of jurisdiction; and for other purposes.
Referred to the Judiciary Committee.

HB 475. By Representatives Dukes of the 136th, Cummings of the 19th, Black of the 144th, Stephens of the 123rd, Martin of the 37th and others:
A BILL 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 the state and its political subdivisions may accept contributions from employers and employees; and for other purposes.
Referred to the Retirement Committee.

HB 584. By Representatives Mosley of the 129th, Post 1, Smith of the 129th, Post 2 and DeLoach of the 127th:
A BILL to provide that future elections for the office of probate judge of Long County shall be nonpartisan elections and provide for an election date; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 649. 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 providing that the governing authority of the countywide government of Columbus, shall be authorized to provide for salary supplements for certain officers, officials, and employees of the county-wide government, so as to authorize such supplements for the judge of the probate court; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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817

HB 650. By Representative Hanner of the 133rd:
A BILL to amend an Act entitled "An Act providing a new charter for the City of Smithville," so as to provide for four-year staggered terms for the mayor and city councilmembers; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 652. By Representatives Cummings of the 19th and Heath of the 18th:
A BILL to amend an Act providing for a new board of education of Polk County, so as to provide for the election of members of the board of education by the voters of the entire county; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 657. By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Howell of the 92nd:
A BILL to amend an Act to provide a board of elections for Spalding County, so as to change the board of elections to a board of elections and registration; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 659. By Representatives Ehrhart of the 28th, Richardson of the 26th, Manning of the 32nd, Franklin of the 17th, Cooper of the 30th and others:
A BILL to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of certain employees of such office; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 660. By Representatives Brown of the 89th, Epps of the 90th and Smith of the 110th:
A BILL to amend an Act providing a board of education of Troup County, so as to correct a technical error and omissions in said 2002 amendatory Act; to

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provide that all members of the board who are elected thereto shall be nominated and elected in accordance with the Georgia Election Code in nonpartisan primaries and elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 661. By Representatives Millar of the 52nd, Drenner of the 57th, Watson of the 60th, Post 2, McClinton of the 59th, Post 1, Mobley of the 58th and others:
A BILL to provide for a homestead exemption from certain DeKalb County School District ad valorem taxes for educational 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; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 662. By Representatives Millar of the 52nd, Drenner of the 57th, Watson of the 60th, Post 2, McClinton of the 59th, Post 1, Mobley of the 58th and others:
A BILL to provide for a homestead exemption from certain DeKalb 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; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 665. By Representatives Black of the 144th, Shaw of the 143rd and Borders of the 142nd:
A BILL to amend an Act providing for the number of members and for the election of members of the Board of Education of Lowndes 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 667. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Quitman County school district ad valorem taxes for educational purposes for the full value of the

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819

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 668. By Representative Greene of the 134th:
A BILL to amend an Act creating the State Court of Early County, so as to provide for terms of said court; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 669. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Clay 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.
HR 28. By Representatives Amerson of the 9th, Reece of the 21st, Rogers of the 20th and Mills of the 67th, Post 2:
A RESOLUTION designating a portion of SR 60 in Hall County as the Sonny Kemp Intersection; and for other purposes.
Referred to the Transportation Committee.

HR 81. By Representatives Williams of the 4th, Forster of the 3rd, Post 1, Joyce of the 2nd, Brock of the 5th, Chambers of the 53rd and others:
A RESOLUTION designating the Harold Mann Memorial Interchange on I-75 in Whitfield County; and for other purposes.
Referred to the Transportation Committee.

HR 115. By Representative Greene of the 134th:
A RESOLUTION designating that new portion of US 82 within the corporate limits of the City of Georgetown as Martin Luther King, Jr., Bypass; and for

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other purposes.
Referred to the Transportation Committee.
HR 128. By Representatives Sholar of the 141st, Post 1, Broome of the 141st, Post 2 and Greene of the 134th:
A RESOLUTION designating a portion of SR 38 in the City of Climax in honor of Lt. Col. Doyce Ariail; and for other purposes.
Referred to the Transportation Committee.
HR 146. By Representative Amerson of the 9th:
A RESOLUTION designating the Dean Bryant Intersection; and for other purposes.
Referred to the Transportation Committee.
HR 175. By Representative Rogers of the 20th:
A RESOLUTION recognizing Boyd Rodney "Rod" Smith and designating the Rod Smith Memorial Garden; and for other purposes.
Referred to the Rules Committee.
HR 212. By Representative Dukes of the 136th:
A RESOLUTION designating the Charles F. Hatcher Highway; 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:
HB 307 Do Pass

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821

Mr. President:

Respectfully submitted, Senator Bulloch of the 11th District, Chairman

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 157 Do Pass by substitute Respectfully submitted, Senator Cheeks of the 23rd District, Chairman
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 recommendations:

SB 200 Do Pass SB 201 Do Pass by substitute
Respectfully submitted, Senator Collins of the 6th 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 113 SB 125 SB 168

Do Pass by substitute Do Pass Do Pass by substitute

Mr. President:

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

The Higher 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 255 Do Pass by substitute

Respectfully submitted, Senator Hamrick of the 30th District, Chairman

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JOURNAL OF THE SENATE

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 13 SB 55 SB 116

Do Pass by substitute

SB 174 Do Pass

Do Pass by substitute

SB 214 Do Pass by substitute

Do Pass

Respectfully submitted,

Senator Tanksley of the 32nd 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 147 SB 192

Do Pass by substitute Do Pass by substitute

Respectfully submitted, Senator Kemp of the 3rd 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 323 Do Pass

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

The following legislation was read the second time:

SB 179 SB 217

SB 221

SB 228

SB 233

SR 171

SR 220

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.

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

MONDAY, MARCH 24, 2003

823

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

Harp Henson 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 Thomas,D Thomas,N Thomas,R Thompson Tolleson Unterman Williams Zamarripa

Those not answering were Senators:

Golden (Excused)

Hamrick

Hill

Tate

Senator Tate 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 Hall of the 22nd introduced the chaplain of the day, Reverend K. B. Martin of Augusta, Georgia, who offered scripture reading and prayer.

Senator Zamarripa of the 36th introduced Edward Li, Executive Vice President of Interface China International and John Lyons, President of Interface China International.

Senator Seay of the 34th introduced the doctor of the day, Dr. Sandra Watkins.

The following resolutions were read and adopted:

SR 239. By Senator Clay of the 37th:

A RESOLUTION commending William A. Duke, Jr.; and for other purposes.

824

JOURNAL OF THE SENATE

SR 241. By Senators Harp of the 16th, Tolleson of the 18th, Squires of the 5th, Brown of the 26th and Collins of the 6th:
A RESOLUTION commending the men and women of the Georgia National Guard and declaring National Guard Day in Georgia; and for other purposes.
SR 243. By Senator Kemp of the 46th:
A RESOLUTION commending Ashley Fostor; and for other purposes.
SR 244. By Senators Thomas of the 10th, Butler of the 55th, Squires of the 5th and Thomas of the 2nd:
A RESOLUTION commending Annie Johnson Brye for her remarkable life in the face of seemingly overwhelming odds; and for other purposes.
SR 245. By Senators Levetan of the 40th and Adelman of the 42nd:
A RESOLUTION recognizing and commending Honorable Eleanor L. Richardson; and for other purposes.
SR 246. By Senator Seay of the 34th:
A RESOLUTION recognizing and honoring the Dixon Grove Baptist Church; and for other purposes.
SR 247. By Senator Hooks of the 14th:
A RESOLUTION commending Magnolia Manor, the South Georgia Methodist Home for the Aging, Inc., on its fortieth anniversary; and for other purposes.
SR 248. By Senator Bulloch of the 11th:
A RESOLUTION commending Corporal Rick Ashley; and for other purposes.
SR 249. By Senator Seay of the 34th:
A RESOLUTION commending Kappa Alpha Psi Fraternity, Inc., and recognizing April 4, 2003, as a day of commemorating their contributions to the College Park, Georgia, community; and for other purposes.

MONDAY, MARCH 24, 2003

825

SR 250. By Senator Price of the 56th:
A RESOLUTION recognizing and commending Bryan F. Rathvon; and for other purposes.
SR 251. By Senator Price of the 56th:
A RESOLUTION recognizing and commending Matthew E. Acuff; and for other purposes.
SR 252. By Senator Price of the 56th:
A RESOLUTION recognizing and commending Zachary D. Greene; and for other purposes.
SR 253. By Senator Price of the 56th:
A RESOLUTION recognizing and commending Jeffrey R. Henry; and for other purposes.
SR 254. By Senator Price of the 56th:
A RESOLUTION recognizing and commending Grant D. Giddens; and for other purposes.
SR 255. By Senator Price of the 56th:
A RESOLUTION recognizing and commending Brian C. Young; and for other purposes.
SR 256. By Senator Price of the 56th:
A RESOLUTION recognizing and commending Kevin M. Young; and for other purposes.
SR 258. By Senators Mullis of the 53rd, Thomas of the 54th, Smith of the 52nd, Hamrick of the 30th, Shafer of the 48th and others:
A RESOLUTION expressing support and appreciation for President George W. Bush and the men and women of the armed forces of the United States in Operation Iraqi Freedom; and for other purposes.

826

JOURNAL OF THE SENATE

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
Monday, March 24, 2003 Twenty-seventh Legislative Day
(The names listed are the Senators whose districts are affected by the legislation.)

HB 323

Kemp of the 46th ATHENS-CLARKE COUNTY

A BILL to amend an Act establishing the Unified Government of Athens-Clarke 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.

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
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
Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman

MONDAY, MARCH 24, 2003

827

Y Golden Y Hall Y Hamrick

Y Price Y Reed Y Seabaugh

Williams Y Zamarripa

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

The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

SENATE RULES CALENDAR MONDAY, MARCH 24, 2003 TWENTY-SEVENTH LEGISLATIVE DAY

SB 89

Drivers' licenses; issuance; indication of U.S. citizenship; expiration date (Substitute) (PS&HS-53rd)

SB 43

Municipal charter commissions; provide for the creation (Amendment) (SLGO (G)-56th)

SB 42

Municipal corporate boundaries; minimum distance requirements (SLGO (G)-56th)

SB 207

Timber harvesting operations; local regulatory authority (NR&E-9th)

SB 129

Soil investigation; soil classifiers for on-site sewage management sites; standards, qualifications (NR&E-16th)

SB 205

Illegal drug trafficking; anhydrous ammonia, methamphetamine, amphetamine; increase criminal penalty (PS&HS-51st)

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 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

828

JOURNAL OF THE SENATE

fingerprints; to change certain provisions relating to expiration and renewal of drivers licenses and reexamination requirements; to repeal conflicting laws; and for other purposes.
Senator Mullis of the 53rd asked unanimous consent that SB 89 be committed to the Senate Public Safety and Homeland Security Committee.
The consent was granted, and SB 89 was committed to Public Safety and Homeland Security.
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.

The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend SB 43 by striking "(B) Has some or all of such area contained within no more than two contiguous House districts;" on lines 10 and 11 on page 2 and by striking "(C)" on line 12 on page 2 and inserting in lieu thereof "(B)".
On the adoption of the amendment, the yeas were 20, nays 16, and the committee amendment was adopted.
Senate Tate of the 38th offered the following amendment #1:
Amend SB 43 by striking all matter on lines 30 through 33 of page 3 and inserting in place thereof the following:
"law following issuance of such report. All electors who are otherwise eligible to vote and who reside within the geographical boundaries of the affected county shall be eligible to vote in such election. The".

MONDAY, MARCH 24, 2003

829

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
Bulloch Y Butler N Cagle N Cheeks N 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
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 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 26, nays 28, and the Tate amendment #1 was lost.

Senator Tate of the 38th offered the following amendment #2:

Amend SB 43 by striking the word "and" on line 11 of page 2; replacing the period on
line 13 of page 2 with the symbol and word "; and"; and by inserting between lines 13
and 14 of page 2 the following: "(D) Is not divided into two or more parts by any interstate perimeter highway that
forms a continuous loop and that runs through such area so as to separate one part of the area from another part of the area."

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

Y Harbison N Harp Y Henson N Hill Y Hooks

Y Seay N Shafer Y Smith,F N Smith,P Y Squires

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JOURNAL OF THE SENATE

N Brush 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

N Hudgens 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 Y Reed N Seabaugh

N 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 21, nays 33, and the Tate amendment #2 was lost.

Senators Shafer of the 48th, Price of the 56th, Tanksley of the 32nd, Moody of the 27th and Lamutt of the 21st offered the following amendment #3:

Amend SB 43 by striking line 1 on page 4 and inserting in lieu thereof the following: "new municipality named in the report; provided, however, that no precinct in which the electors voting in such special election do not vote in favor of approving the final
report shall be included within the municipal boundaries of the new municipality
unless the exclusion of such precinct would create an unincorporated island prohibited
by Code Section 36-36-4, in which case the precinct shall be included within the
municipal boundaries of such municipality. That report shall become effective as a charter at".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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

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

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

MONDAY, MARCH 24, 2003

831

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

Y Lamutt N Lee N Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Thomas,D N Thomas,N N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 39, nays 16, and the Shafer, et al. amendment #3 was adopted.

Senator Brown of the 26th offered the following amendment #4:

Amend SB 43 by changing "50,000" on line 12, page 2 to "95,000".

On the adoption of the amendment, the yeas were 24, nays 23, and the Brown amendment #4 was adopted.

Senator Price of the 56th moved that the Senate reconsider its action in adopting the Brown amendment #4.

On the motion, Senator Price of the 56th, called for the yeas and nays; the call was sustained, and the vote was as follows:

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

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

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 N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams

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JOURNAL OF THE SENATE

Y Hall Y Hamrick

N Reed Y Seabaugh

N Zamarripa

On the motion to reconsider, the yeas were 31, nays 24; the motion prevailed, and the Brown amendment #4 was reconsidered.

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
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
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 29, and the Brown amendment #4 was lost.

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 N Blitch Y Bowen N Brown Y Brush

N Harbison Y Harp N Henson Y Hill N Hooks Y Hudgens

N Seay Y Shafer N Smith,F Y Smith,P N Squires N Starr

MONDAY, MARCH 24, 2003

833

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

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

Y Stephens N Stokes Y 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 30, nays 25.

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

The President introduced Congressman Jim Marshall of the 3rd Congressional District, who addressed the Senate briefly.
The following bill was taken up to consider House action thereto:

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 House amendment was as follows:

A BILL TO BE ENTITLED AN ACT

To amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3780), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3928), so as to change the compensation of the judge, clerk, and marshal of that court; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

834

JOURNAL OF THE SENATE

SECTION 1.

An Act establishing the Municipal Court of Columbus, Georgia, approved August 12,

1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved April 4, 1997

(Ga. L. 1997, p. 3780), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3928), is

amended by striking Sections 10, 11, and 12 thereof and inserting in their respective

places the following:

"SECTION 10.

The salary of each judge of said court shall be 70 percent of the amount of the salary of

the judges of the State Court of Muscogee County, as now or hereafter established for

such state court judges, with such additional increases as may be granted after January 1,

2003, to the judges of the municipal court pursuant to an Act approved April 5, 1993

(Ga. L. 1993, p. 4849). The salary of the judge of said court shall be paid in equal

monthly installments from the funds of Columbus, Georgia. Any sums received in the

form of fees or salary by the judge of municipal court for serving as judge of the

Magistrate Court of Muscogee County shall be included in and credited toward said

judge's salary so that such judge will receive no additional compensation.

SECTION 11. The salary of the clerk of said court shall be 70 percent of the amount of the salary of the sheriff of Muscogee County, as that amount is now or hereafter established pursuant to general law, but such amount shall not include any supplement granted the sheriff by the governing authority of the county-wide government of Columbus, Georgia, pursuant to local or general law. The salary of the clerk of said court shall be paid in equal monthly installments from the funds of Columbus, Georgia.

SECTION 12. The salary of the marshal of said court shall be 70 percent of the amount of the salary of the sheriff of Muscogee County, as that amount is now or hereafter established pursuant to general law, but such amount shall not include any supplement granted the sheriff by the governing authority of the county-wide government of Columbus, Georgia, pursuant to local or general law. The salary of the marshal of said court shall be paid in equal monthly installments from the funds of Columbus, Georgia."

SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

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

Senator Harp of the 16th moved that the Senate agree to the House amendment to the Senate amendment to HB 265.

MONDAY, MARCH 24, 2003

835

On the motion, 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

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

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

On the motion, the yeas were 53, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 265.

The following bill was taken up to consider House action thereto:

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

The House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

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JOURNAL OF THE SENATE

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 effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, is amended by striking Section 2A and inserting in its place a new Section 2A to read as follows:
"SECTION 2A. There shall be an additional judgeship of the State Court of Chatham County. The initial judge to serve in such additional judgeship shall be elected in the manner provided by law for the election of judges of the state courts of this state at the general election in November, 2004, for a term of four years and until his or her successor shall have been elected and qualified and shall take office on the first day of January immediately following such judges election. The two judges of the State Court of Chatham County in office on the effective date of this Act shall continue to serve the remainder of the terms of office to which they were elected and until their successors are elected and qualified. Future successors shall be elected at the general election conducted immediately prior to the expiration of the term of office, and they shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Said additional judge shall have and may exercise all powers, duties, jurisdictions, privileges, and immunities of the present judges of the State Court of Chatham County. Any of the judges of said court may preside over any cause and perform any official act as judge thereof. The compensation of the additional judge shall be the same as that provided for other judges of the State Court of Chatham County. Upon request of the additional judge, the governing authority of Chatham County is authorized to furnish the additional judge with suitable courtroom space and facilities, office space, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are declared to be an expense of court and payable out of the county treasury as such."
SECTION 2. (a) The provisions of this Act necessary for the general election in November, 2004, as provided in Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

MONDAY, MARCH 24, 2003

837

(b) For all other purposes, this Act shall become effective on January 1, 2005.

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

Senator Johnson of the 1st moved that the Senate agree to the House substitute to SB 9.

On the motion, a roll call was taken, and the vote was as follows:

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

Y Harbison Y Harp Y Henson 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
Mullis Y Price Y Reed Y Seabaugh

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

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 9.

The following bill was taken up to consider the Conference Committee report thereto:

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 Conference Committee report was as follows:

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JOURNAL OF THE SENATE

The Committee of Conference on HB 121 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 121 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Hill of the 4th /s/ Senator Cheeks of the 23rd /s/ Senator Price of the 56th

/s/ Representative Buck of the 112th /s/ Representative Parrish of the 102nd /s/ Representative Smyre of the 111th

Conference Committee Substitute to HB 121:

A BILL TO BE ENTITLED AN ACT

To amend an Act providing appropriations for the State Fiscal Year 2002-2003 known as the "General Appropriations Act", approved May 13, 2002 (Ga. L. 2002, p. 673), so as to change certain appropriations for the State Fiscal Year 2002-2003; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 2002-2003, as amended, known as the "General Appropriations Act" approved May 13, 2002 (Ga. L. 2002, p. 673), is further amended by striking everything following the enacting clause through Section 68, and by substituting in lieu thereof the following:

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2002, and ending June 30, 2003, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $13,834,000,000 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2003.

PART I. LEGISLATIVE BRANCH

MONDAY, MARCH 24, 2003

Section 1. General Assembly. State Funds Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses Travel - Staff Travel - Elected Officials Capital Outlay Per Diem Differential Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees - Staff Contracts - Staff Per Diem and Fees - Elected Officials Contracts - Elected Officials Photography Expense Reimbursement Account Austerity Adjustments

Total Funds Budgeted State Funds Budgeted Senate Functional Budgets
Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total
House Functional Budgets
House of Representatives and Research Office Speaker of the House's Office Clerk of the House's Office Total
Joint Functional Budgets
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total

Total Funds $ 6,216,958 $ 1,100,337 $ 1,408,849 $ 8,726,144
Total Funds $ 13,503,699 $ 461,948 $ 1,629,110 $ 15,594,757
Total Funds $ 3,176,819 $ 2,374,350 $ 1,194,618 $ 3,366,900 $ 433,972 $ 10,546,659

839
$ 34,867,560 $ 18,904,805 $ 5,456,807 $ 2,614,434 $ 115,500 $ 3,500 $0 $0 $ 774,500 $ 183,700 $ 7,500 $ 673,000 $ 97,803 $ 72,500 $ 3,376,511 $ 830,000 $ 105,000 $ 1,652,000 $0
$ 34,867,560 $ 34,867,560
State Funds $ 6,216,958 $ 1,100,337 $ 1,408,849 $ 8,726,144
State Funds $ 13,503,699 $ 461,948 $ 1,629,110 $ 15,594,757
State Funds $ 3,176,819 $ 2,374,350 $ 1,194,618 $ 3,366,900 $ 433,972 $ 10,546,659

840

JOURNAL OF THE SENATE

Functional Budget Austerity Adjustments

Total Funds $0

State Funds $0

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. State Funds Personal Services

$ 30,302,276 $ 24,867,476

MONDAY, MARCH 24, 2003

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

PART II

JUDICIAL BRANCH

Section 3. Judicial Branch.

State Funds

Personal Services

Other Operating

Prosecuting Attorney's Council

Judicial Administrative Districts

Payment to Council of Superior Court Clerks

Payment to Resource Center

Computerized Information Network

Austerity Adjustments

Total Funds Budgeted

State Funds Budgeted

Judicial Branch Functional Budgets

Total Funds

Supreme Court

$ 8,527,690

Court of Appeals

$ 11,367,428

Superior Court - Judges

$ 48,130,653

Superior Court - District Attorneys

$ 45,556,799

Juvenile Court

$ 1,424,336

Institute of Continuing Judicial Education

$ 1,234,973

Judicial Council

$ 13,737,702

Judicial Qualifications Commission

$ 238,279

Indigent Defense Council

$ 7,682,177

Georgia Courts Automation Commission

$ 1,700,368

Georgia Office Of Dispute Resolution

$ 330,557

Total

$139,930,962

Section 4. Department of Administrative Services.

841
$ 838,600 $ 500,000 $0 $ 192,390 $ 1,113,575 $ 203,000 $0 $ 2,228,000 $ 359,235 $0 $ 30,302,276 $ 30,302,276
$136,885,691 $ 17,386,921 $117,495,274 $ 4,191,771 $ 1,939,121 $ 48,500 $ 800,000 $ 628,375 $ (2,559,000) $139,930,962 $136,885,691
State Funds $ 7,207,324 $ 11,271,428 $ 48,130,653 $ 44,012,894 $ 1,424,336 $ 1,234,973 $ 13,652,702 $ 238,279 $ 7,682,177 $ 1,700,368 $ 330,557 $136,885,691

842

JOURNAL OF THE SENATE

A. Budget Unit: State Funds - Department of Administrative Services

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Rents and Maintenance Expense

Utilities

Payments to DOAS Fiscal Administration

Direct Payments to Georgia Building Authority for Capital Outlay

Direct Payments to Georgia Building Authority for Operations

Telephone Billings

Radio Billings

Materials for Resale

Public Safety Officers Indemnity Fund

Health Planning Review Board Operations

Payments to Aviation Hall of Fame

Payments to Golf Hall of Fame

Alternative Fuels Grant

State Self Insurance Fund

Payments to Georgia Technology Authority

Removal of Hazardous Waste

Austerity Adjustments

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Administration

$ 31,942,809

Support Services

$ 13,992,244

Statewide Business

$ 3,473,850

Risk Management

$ 3,439,857

Executive Administration

$ 1,502,397

Governor's Small Business Center

$ 1,056,867

State Properties Commission

$ 653,647

Office of the Treasury

$ 2,663,928

State Office of Administrative Hearings

$ 4,657,715

Austerity Adjustments

$ (1,359,070)

Total

$ 62,024,244

$ 40,648,727 $ 18,978,286 $ 4,839,418 $ 288,341 $ 20,418 $ 150,042 $ 3,354,953 $ 1,166,069 $ 486,786 $ 736,181 $ 345,435 $0 $0 $0 $ 2,350,000 $ 1,532,156 $0 $0 $ 6,014,012 $ 445,222 $ 33,950 $ 47,045 $ 72,750 $ 398,247 $0 $ 22,026,003 $ 98,000 $ (1,359,070) $ 62,024,244 $ 40,648,727
State Funds $ 28,971,658 $ 1,239,714 $ 3,444,480 $ 445,222 $ 1,467,986 $ 1,044,170 $ 653,647 $ 387,129 $ 4,353,791 $ (1,359,070) $ 40,648,727

MONDAY, MARCH 24, 2003

843

B. Budget Unit: State Funds - Georgia Building Authority Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Utilities Facilities Renovations and Repairs Payments to Department of Public Safety Building Access Control
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets

Executive Division Facilities Operations Property Resources Internal Operations Transportation External Operations Total

Total Funds $ 2,662,652 $ 26,585,099 $ 7,673,263 $ 1,915,316 $ 3,235,630 $ 4,438,381 $ 46,510,341

C. Budget Unit: State Funds - Georgia Technology Authority Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Rents and Maintenance Expense Telephone Billings

$0 $ 16,605,390 $ 6,148,810 $ 14,800 $ 200,000 $ 250,000 $ 382,000 $ 15,071 $ 281,700 $ 811,689 $ 3,187,705 $ 5,508,583 $ 8,282,914 $0 $ 3,151,435 $ 1,670,244 $ 46,510,341 $0
State Funds $0 $0 $0 $0 $0 $0 $0
$0 $ 56,046,961 $ 5,370,000 $ 640,000 $0 $ 468,425 $ 25,712,369 $ 4,117,263 $ 6,000 $ 18,307,086 $ 3,249,000 $0 $ 85,323,000

844

JOURNAL OF THE SENATE

Radio Billings Materials for Resale Transfers to GIS Clearinghouse Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

$ 501,019 $ 1,901,830 $0 $ (474,763) $201,168,190 $0

Section 5. Department of Agriculture.

State Funds

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Market Bulletin Postage

Payments to Athens and Tifton Veterinary Laboratories

Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas,

Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe

Veterinary Fees

Indemnities

Advertising Contract

Renovation, Construction, Repairs and Maintenance

Projects at Major and Minor Markets

Capital Outlay

Contract - Federation of Southern Cooperatives

Boll Weevil Eradication Program

Austerity Adjustments

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Plant Industry

$ 9,082,293

Animal Industry

$ 15,789,496

Marketing

$ 7,993,766

Internal Administration

$ 8,096,851

Fuel and Measures

$0

Consumer Protection Field Forces

$ 11,833,730

Seed Technology

$ 802,790

$ 40,039,095 $ 34,588,740 $ 4,344,894 $ 1,069,428 $ 276,255 $ 462,082 $ 664,341 $ 1,208,440 $ 398,176 $ 33,500 $ 1,752,401 $ 1,138,240 $ 3,474,078
$ 2,918,351 $ 142,000 $ 10,000 $ 425,000
$ 653,000 $0 $ 40,000 $0 $ (909,812) $ 52,689,114 $ 40,039,095
State Funds $ 7,603,119 $ 12,782,361 $ 4,243,766 $ 7,784,851 $0 $ 8,534,810 $0

MONDAY, MARCH 24, 2003

Austerity Adjustments Total

$ (909,812) $ 52,689,114

Section 6. Department of Banking and Finance. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

845
$ (909,812) $ 40,039,095
$ 10,781,724 $ 9,496,764 $ 284,269 $ 331,853 $ 16,500 $ 2,347 $ 196,978 $ 542,079 $ 124,341 $ 10,435 $0 $ (223,842) $ 10,781,724 $ 10,781,724

Section 7. Department of Community Affairs. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Capital Felony Expense Contracts for Regional Planning and Development Local Assistance Grants Appalachian Regional Commission Assessment HUD-Community Development Block Pass thru Grants Payment to Georgia Environmental Facilities Authority Community Service Grants Home Program ARC-Revolving Loan Fund Local Development Fund

$ 47,495,116 $ 23,106,385 $ 1,979,687 $ 611,739 $0 $ 166,022 $ 1,488,569 $ 980,976 $ 714,692 $ 573,436 $ 536,967 $0 $ 1,921,288 $ 16,416,510 $ 152,750 $ 30,000,000 $ 265,000 $ 5,000,000 $ 2,947,155 $0 $ 238,162

846

JOURNAL OF THE SENATE

Payment to State Housing Trust Fund

Payments to Sports Hall of Fame

Regional Economic Business Assistance Grants GHFA

EZ/EC Administration

EZ/EC Grants

Regional Economic Development Grants

Contracts for Homeless Assistance

HUD Section 8 Rental Assistance

Georgia Regional Transportation Authority

GHFA - Georgia Cities Foundation

Georgia Leadership Unfrastructure Investment Fund

Quality Growth Program

Austerity Adjustments

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Executive Division

$ 17,266,869

Planning and Environmental Management Division $ 4,428,782

Business and Financial Assistance Division

$ 38,678,501

Housing Finance Division

$ 9,010,683

Finance Division

$ 7,855,448

Administrative and Computer Support Division

$ 2,368,029

Georgia Music Hall of Fame Division

$ 1,303,148

Community Services Division

$ 66,743,084

Rural Development Division

$ 5,360,516

One Georgia

$ 239,902

Austerity Adjustments

$ (225,044)

Total

$153,029,918

$ 3,056,375 $ 800,414 $ 4,150,000 $0 $0 $ 705,094 $ 1,250,000 $ 50,000,000 $ 4,498,741 $ 1,000,000 $ 495,000 $ 200,000 $ (225,044) $153,029,918 $ 47,495,116
State Funds $ 17,014,834 $ 4,200,706 $ 7,025,143 $ 2,941,752 $ 6,201,448 $ 629,176 $ 804,816 $ 3,541,769 $ 5,360,516 $0 $ (225,044) $ 47,495,116

Section 8. Department of Community Health. A. Budget Unit: State Funds - Medicaid Services Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

$ 1,676,332,528 $ 18,116,681 $ 33,528,994 $ 8,676,868 $ 388,883 $0 $ 75,136 $ 88,551,040 $ 1,743,338 $ 965,696 $ 1,869,021 $ 412,905,707

MONDAY, MARCH 24, 2003

847

Medicaid Benefits, Penalties and Disallowances

Audit Contracts

Special Purpose Contracts

Purchase of Service Contracts

Grant in Aid to Counties

Health Insurance Payments

Medical Fair

Loan Repayment Program

Medical Scholarships

Capitation Contracts for Family Practice Residency

Residency Capitation Grants

Student Preceptorships

Medical Student Capitation

Mercer School of Medicine Grant

Morehouse School of Medicine Grant

SREB Payments

Pediatric Residency Capitation

Preventive Medicine Capitation

Austerity Adjustments

Total Funds Budgeted

Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Commissioner's Office

$ 865,526

Community Affairs

$ 358,312

Medicaid Benefits, Penalties and Disallowances $ 5,159,934,860

Medical Assistance Plans

$ 109,961,364

Managed Care and Quality

$ 3,772,876

Information Technology

$ 99,178,008

General Counsel

$ 7,746,651

Operations

$ 6,406,740

Financial

$ 6,226,101

Planning and Fiscal Policy

$ 3,713,467

Minority Health

$ 688,861

Women's Health

$ 486,964

Rural Health

$ 3,306,538

State Health Benefit Plan

$ 304,991,665

Public Employee Health Claims

$ 975,000,000

Georgia Board for Physician Workforce

$ 38,820,027

State Medical Education Board

$ 1,419,696

Composite Board of Medical Examiners

$ 2,381,078

Austerity Adjustments

$ (1,683,964)

$ 5,159,934,860 $ 1,097,500 $ 16,757 $ 183,244 $ 809,076 $ 975,000,000 $ 66,000 $ 375,000 $ 748,000 $ 4,012,890 $ 2,136,719 $ 100,000 $ 3,772,911 $ 19,149,098 $ 8,191,183 $ 415,075 $ 440,013 $ 105,725 $ (1,683,964) $ 6,723,574,770 $ 18,116,681 $ 1,676,332,528
State Funds $ 548,628 $ 179,006 $1,609,241,220 $ 10,450,671 $ 1,884,465 $ 16,147,980 $ 3,709,066 $ 2,408,629 $ 2,713,337 $ 2,377,833 $ 470,803 $ 469,727 $ 2,911,007 $0 $0 $ 38,820,027 $ 1,419,696 $ 2,381,078 $ (1,683,964)

848

JOURNAL OF THE SENATE

Total

$ 6,723,574,770 $ 1,694,449,209

B. Budget Unit: State Funds - Indigent Trust Fund Per Diem and Fees Contracts Benefits
Total Funds Budgeted Indigent Trust Fund Budgeted

$ 148,828,880 $0 $ 8,200,000 $ 360,067,504 $ 368,267,504 $ 148,828,880

C. Budget Unit: State Funds - PeachCare for Kids Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts PeachCare Benefits, Penalties and Disallowances Austerity Adjustments
Total Funds Budgeted Tobacco Funds Budgeted State Funds Budgeted

$ 60,873,226 $ 4,970,705 $ 373,107 $ 165,254 $ 45,000 $0 $ 1,155 $ 205,000 $0 $ 12,350 $0 $ 8,005,806 $ 222,013,028 $ (49,478) $ 230,771,222 $ 4,970,705 $ 60,873,226

Section 9. Department of Corrections. State Funds - Administration, Institutions and Probation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Utilities Court Costs County Subsidy

$ 927,037,519 $ 578,987,665 $ 64,354,214 $ 2,030,445 $ 1,151,532 $ 3,628,659 $ 6,232,636 $ 7,504,319 $ 7,867,619 $ 49,000 $ 81,934,534 $0 $ 25,874,042 $ 1,300,000 $ 36,737,700

MONDAY, MARCH 24, 2003

849

County Subsidy for Jails

County Workcamp Construction Grants

Central Repair Fund

Payments to Central State Hospital for Meals

Payments to Central State Hospital for Utilities

Payments to Public Safety for Meals

Inmate Release Fund

Health Services Purchases

University of Georgia - College of Veterinary Medicine Contracts

Minor Construction Fund

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Funding

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Executive Operations

$ 31,246,133

Administration

$ 35,297,197

Human Resources

$ 8,812,294

Field Probation

$ 88,425,039

Facilities

$ 653,349,228

Programs

$ 146,523,874

Austerity Adjustments

$ (8,277,654)

Total

$ 955,376,111

$ 8,621,740 $0 $ 893,624 $ 4,268,025 $ 1,627,150 $ 577,160 $ 1,345,000 $ 127,465,757 $ 449,944 $ 753,000 $ (8,277,654) $ 955,376,111 $ 450,000 $ 927,037,519
State Funds $ 30,796,133 $ 35,297,197 $ 8,812,294 $ 84,182,792 $ 638,167,092 $ 138,059,665 $ (8,277,654) $ 927,037,519

Section 10. Department of Defense. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Capital Leases Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

$ 8,146,887 $ 18,022,071 $ 23,807,148 $ 90,875 $0 $ 52,800 $ 123,625 $ 44,010 $ 1,009,973 $ 1,341,895 $ 244,000 $ 337,000 $ 9,930 $ (171,137) $ 44,912,190 $ 8,146,887

850

JOURNAL OF THE SENATE

Departmental Functional Budgets
Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Austerity Adjustments Total

Total Funds $ 2,866,951 $ 7,582,167 $ 34,634,209 $ (171,137) $ 44,912,190

State Funds $ 2,480,168 $ 932,779 $ 4,905,077 $ (171,137) $ 8,146,887

Section 11. State Board of Education A. Budget Unit: State Funds - Department of Education Tobacco Funds Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Additional Instruction Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Five Mill Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants:

$ 6,001,209,008 $ 30,000,000
$ 42,743,462 $ 5,826,351 $ 1,386,330 $0 $ 272,631 $ 1,148,443 $ 4,105,532 $ 46,481,143 $ 9,755,037 $ 930,125 $ 796,352 $ 30,569,700
$1,670,110,038 $1,518,329,279 $ 731,751,267 $ 59,173,375 $ 67,252,978 $ 184,842,312 $ 720,668,663 $ 160,116,639 $ 23,823,728 $ 47,746,071 $ 29,837,332 $ 144,071,393 $ 888,891,079 $ 164,823,928 $(1,101,591,195) $ 121,118,343 $0

MONDAY, MARCH 24, 2003

851

Equalization Formula

$ 273,769,123

Sparsity Grants

$ 6,352,443

Special Education Low - Incidence Grants

$ 826,722

Non-QBE Grants:

Next Generation School Grants

$ 860,000

Youth Apprenticeship Grants

$ 4,209,800

High School Program

$ 56,305,453

Payment of Federal Funds to Board of Technical and Adult Education $ 16,909,425

Vocational Research and Curriculum

$ 112,907

Title I-A Improving Basic Programs - LEA's

$ 309,883,868

Title I-B Even Start

$ 7,021,675

Instructional Services for the Handicapped

$ 191,495,397

Retirement (H.B. 272 and H.B. 1321)

$ 5,508,750

Title VI-A State Assessment Programs

$0

Tuition for the Multi-Handicapped

$ 1,813,433

PSAT

$ 733,805

School Lunch (Federal)

$ 188,375,722

Joint Evening Programs

$ 259,313

Education of Homeless Children/Youth

$ 1,546,542

Pay for Performance

$ 7,719,000

Pre-School Handicapped Program

$ 22,207,231

Mentor Teachers

$ 1,212,500

Environmental Science Grants

$ 97,000

Advanced Placement Exams

$ 2,808,000

Serve America Program

$ 150,000

Title IV-A1, Safe and Drug Free Schools

$ 10,567,629

School Lunch (State)

$ 37,934,355

Charter Schools

$ 8,908,679

Refugee School Impact

$ 639,390

Title V, Innovative Programs

$ 9,389,202

State and Local Education Improvement

$0

Health Insurance - Non-Cert. Personnel and Retired Teachers

$ 107,826,070

Innovative Programs

$0

Title II Math/Science Grant (Federal)

$0

Migrant Education (State)

$ 274,395

Regional Education Service Agencies

$ 11,903,088

Severely Emotionally Disturbed

$ 66,619,874

Georgia Learning Resources System

$ 4,986,505

Special Education at State Institutions

$ 3,895,955

Byrd Honor Scholarships

$ 1,188,000

Title 1-F, Comprehensive School Reform

$ 8,478,748

Character Education

$ 250,000

National Teacher Certification

$ 2,398,337

852

JOURNAL OF THE SENATE

Health Insurance Adjustment Principal Supplements Class Size Reduction Grants For School Nurses Reading Programs Student Testing Internet Access School Improvement Teams Communities in Schools Georgia Learning Connection Knowledge is Power Program Postsecondary Options Title I-C Migrant Education (Federal) Title I-D Neglected and Delinquent Title II-A Improving Teacher Quality Title II-D Enhancing Education Thru Technology Title III-A English Language Title IV-B 21st Century Communication Title VI-B Rural and Low-Income Temporary QBE Reduction Austerity Adjustments

$0 $ 6,925,330 $0 $ 30,000,000 $ 77,360,892 $ 13,836,059 $ 4,011,690 $ 20,959,228 $ 1,507,086 $0 $ 582,000 $ 4,015,000 $ 8,626,018 $ 2,000,255 $ 72,520,695 $ 17,764,034 $ 6,786,358 $ 8,691,764 $ 6,941,585 $ (134,594,245) $ (18,378,955)

Total Funds Budgeted

Indirect DOAS Services Funding

Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

State Administration

$ 14,901,433

Student Learning and Achievement

$ 28,956,475

Governor's Honors Program

$ 1,448,768

Quality and School Support

$ 8,768,406

Federal Programs

$ 11,204,057

Technology

$ 18,431,436

Local Programs

$ 6,995,589,091

Georgia Academy for the Blind

$ 6,203,855

Georgia School for the Deaf

$ 5,990,908

Atlanta Area School for the Deaf

$ 6,857,992

Austerity Adjustments

$ (18,378,955)

Total

$ 7,079,973,466

$ 7,079,973,466 $0 $ 30,000,000 $ 6,001,209,008
State Funds $ 12,871,838 $ 10,553,340 $ 1,371,179 $ 3,294,939 $ 246,877 $ 12,953,101 $5,990,272,184 $ 5,940,337 $ 5,564,437 $ 6,519,731 $ (18,378,955) $ 6,031,209,008

B. Budget Unit: Lottery for Education

$0

Computers in the Classroom

$0

MONDAY, MARCH 24, 2003
Distance Learning - Satellite Dishes Post Secondary Options Educational Technology Centers Assistive Technology Applied Technology Labs Financial and Management Equipment Alternative Programs Fort Discovery National Science Center Capital Outlay Learning Logic Sites Student Information System
Total Funds Budgeted Lottery Funds Budgeted
C. Budget Unit: Office of School Readiness Pre-Kindergarten - Grants Pre-Kindergarten - Personal Services Pre-Kindergarten - Operations Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay Federal Programs Standards of Care Austerity Adjustments
Total Funds Budgeted Lottery Funds Budgeted State Funds Budgeted
Section 12. Employees' Retirement System. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

853
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$ 1,275,576 $ 245,057,987 $ 1,923,676 $ 5,659,478 $ 1,196,944 $ 36,500 $ 50,000 $0 $0 $0 $ 5,000 $0 $ 3,000 $ 11,000 $0 $0 $ 75,495,529 $ 424,000 $ (26,868) $ 329,836,246 $ 252,641,141 $ 1,275,576
$ 617,000 $ 3,697,923 $ 654,200 $ 29,000 $0

854

JOURNAL OF THE SENATE

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Benefits to Retirees Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

Section 13. Forestry Commission. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Ware County Grant Ware County Grant for Southern Forest World Ware County Grant for Road Maintenance Capital Outlay Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Reforestation Field Services General Administration and Support Austerity Adjustments Total

Total Funds $ 2,045,695 $ 36,280,330 $ 4,137,555 $ (746,546) $ 41,717,034

Section 14. Georgia Bureau of Investigation. State Funds Personal Services Regular Operating Expenses Travel

$ 12,450 $ 1,269,708 $ 345,740 $ 82,002 $ 973,600 $ 2,526,000 $ 617,000 $0 $ 10,207,623 $ 617,000
$ 35,460,912 $ 31,626,657 $ 5,956,344 $ 140,671 $ 1,042,852 $ 1,662,651 $ 357,000 $ 11,518 $ 993,627 $ 9,500 $ 574,260 $ 60,000 $ 28,500 $0 $0 $ (746,546) $ 41,717,034 $ 35,460,912
State Funds $ 13,839 $ 32,224,219 $ 3,969,400 $ (746,546) $ 35,460,912
$ 63,163,029 $ 53,441,683 $ 7,329,427 $ 658,217

MONDAY, MARCH 24, 2003

Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Evidence Purchased Capital Outlay Crime Victims Assistance Program Criminal Justice Grants Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Administration Investigative Georgia Crime Information Center Forensic Sciences Criminal Justice Coordinating Council Austerity Adjustments Total
Section 15. Office of the Governor. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Cost of Operations Mansion Allowance Governor's Emergency Fund Intern Program Expenses Art Grants of State Funds Art Grants of Non-State Funds Humanities Grant - State Funds

Total Funds $ 6,206,154 $ 31,715,820 $ 12,427,096 $ 20,381,885 $ 41,039,049 $ (1,329,748) $ 110,440,256

855
$ 754,897 $ 992,736 $ 2,578,794 $ 1,202,095 $ 1,409,626 $ 2,676,103 $ 2,596,885 $ 378,908 $0 $ 2,500,124 $ 35,250,509 $ (1,329,748) $110,440,256 $ 63,163,029
State Funds $ 6,163,729 $ 28,104,779 $ 10,302,777 $ 19,563,866 $ 357,626 $ (1,329,748) $ 63,163,029
$ 50,071,579 $ 22,713,479 $ 1,592,886 $ 389,115 $ 3,300 $ 99,485 $ 593,210 $ 1,303,676 $ 811,659 $ 2,126,691 $ 7,346,497 $ 4,825,193 $ 40,000 $ 9,506,681 $ 358,595 $ 3,860,577 $ 274,194 $ 174,256

856

JOURNAL OF THE SENATE

Art Acquisitions - State Funds Children and Youth Grants Juvenile Justice Grants Georgia Crime Victims Assistance Program Grants to Local Systems Grants - Local EMA Grants - Other Grants - Civil Air Patrol Registrations Troops to Teachers Flood - Contingency Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Governor's Office Office of Equal Opportunity Office of Planning and Budget Council for the Arts Office of Consumer Affairs Child Advocate Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency Education Accountability Office of the Inspector General Office of Homeland Security Total

Total Funds $ 14,549,867 $ 1,103,885 $ 10,858,482 $ 5,187,583 $ 4,778,041 $ 752,822 $ 315,896 $ 8,876,282 $ 6,981,650 $ 2,348,174 $ 422,772 $ 257,370 $ 56,432,824

$0 $0 $0 $0 $ 362,217 $ 816,714 $0 $ 57,000 $0 $ 111,930 $0 $ (934,531) $ 56,432,824 $ 50,071,579
State Funds $ 14,549,867 $ 800,914 $ 10,858,482 $ 4,478,490 $ 4,210,352 $ 752,822 $ 315,896 $ 8,764,352 $ 2,378,088 $ 2,282,174 $ 422,772 $ 257,370 $ 50,071,579

Section 16. Department of Human Resources. State Funds Tobacco Funds Brain and Spinal Trust Fund 1. General Administration and Support Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts

$ 1,396,402,253 $ 47,748,385 $ 1,000,000
$ 122,012,285 $ 5,756,380 $ 2,703,368 $0 $ 462,147 $ 10,584,263 $ 5,537,496 $ 39,876,746

MONDAY, MARCH 24, 2003

857

Computer Charges

Telecommunications

Special Purpose Contracts

Service Benefits for Children

Purchase of Service Contracts

Major Maintenance and Construction

Postage

Payments to DCH-Medicaid Benefits

Grants to County DFCS - Operations

Brain and Spinal Trust Fund Benefits

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Services Funding

Tobacco Funds Budgeted

Brain and Spinal Trust Fund

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Commissioner's Office

$ 1,242,371

Office of Planning and Budget Services

$ 4,188,404

Office of Adoptions

$ 9,825,478

Children's Community Based Initiative

$ 10,181,847

Human Resources and Organization Development $ 1,341,620

Computer Services

$ 74,885,283

Technology and Support

$ 18,104,815

Facilities Management

$ 8,881,897

Regulatory Services - Program Direction and Support $ 979,573

Child Care Licensing

$ 3,772,407

Health Care Facilities Regulation

$ 12,330,822

Office of Investigation

$ 6,687,482

Office of Financial Services

$ 10,327,734

Office of Audits

$ 2,772,959

Human Resource Management

$ 6,785,687

Transportation Services

$ 20,189,387

Office of Facilities and Support Services

$ 18,700,846

Indirect Cost

$0

Policy and Government Services

$ 1,334,534

Aging Services

$ 94,125,737

DDSA Council

$ 1,608,994

Brain and Spinal Trust Fund Benefits

$ 1,000,000

Office of Child Support Enforcement

$ 79,422,636

Austerity Adjustments

$ (1,818,958)

Total

$ 386,871,555

$ 59,674,696 $ 16,862,994 $ 125,000 $0 $ 86,469,732 $ 163,451 $ 2,095,936 $ 33,961,019 $ 1,555,000 $ 850,000 $ (1,818,958) $ 386,871,555 $ 1,754,937 $ 8,278,248 $ 1,000,000 $ 188,257,316
State Funds $ 1,242,371 $ 4,159,888 $ 6,328,614 $ 9,906,847 $ 1,341,620 $ 37,122,611 $ 13,678,351 $ 6,704,114 $ 705,060 $ 3,669,538 $ 6,000,157 $ 1,920,957 $ 5,938,024 $ 2,772,959 $ 6,785,687 $ 3,021,004 $ 18,700,846 $(16,207,310) $ 1,334,534 $ 63,578,843 $ 31,498 $ 1,000,000 $ 19,618,309 $ (1,818,958) $ 197,535,564

858

JOURNAL OF THE SENATE

2. Public Health Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Special Purpose Contracts Purchase of Service Contracts Grant-In-Aid to Counties Postage Medical Benefits Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted Departmental Functional Budgets

District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal

Total Funds $ 13,634,848 $ 5,392,983 $ 2,903,473 $ 2,196,041 $ 7,609,805 $ 5,385,227 $ 3,289,533 $ 11,820,479 $ 85,325,463 $ 71,147,145 $ 13,153,079 $ 3,676,641 $ 593,232 $ 4,112,209 $ 1,702,964 $ 5,909,784 $ 2,272,913 $ 988,516 $ 2,811,535

$ 56,686,102 $ 77,499,585 $ 936,467 $0 $ 195,367 $ 1,509,862 $ 1,093,312 $ 10,772,863 $0 $ 1,137,699 $ 292,000 $ 28,820,194 $ 159,968,182 $ 196,235 $ 6,677,725 $ (1,407,096) $ 344,378,497 $0 $ 25,873,781 $ 170,025,002
State Funds $ 13,477,280 $ 2,415,625 $ 2,578,298 $ 985,179 $ 6,842,986 $ 5,385,227 $ 1,013,946 $ 4,948,295 $0 $ 70,160,594 $ 6,323,767 $ 2,233,293 $ 477,088 $ 3,702,969 $0 $ 4,310,823 $ 1,416,761 $ 766,655 $ 1,143,976

MONDAY, MARCH 24, 2003

859

Chronic Disease

$ 1,639,391

Diabetes

$0

Cancer Control

$ 8,951,621

Director's Office

$ 3,091,866

Vital Records

$ 2,264,558

Health Services Research

$ 856,370

Environmental Health

$ 2,140,668

Laboratory Services

$ 8,124,485

Community Health Management

$ 294,270

AIDS

$ 22,094,510

Drug and Clinic Supplies

$ 12,152,398

Adolescent Health

$ 12,670,466

Public Health - Planning Councils

$ 78,467

Early Intervention

$ 13,074,928

Injury Control

$ 355,988

Smoking Prevention and Cessation

$ 14,069,737

Public Health - Division Indirect Cost

$0

Austerity Adjustments

$ (1,407,096)

Total

$ 344,378,497

3. Family and Children Services Budget:

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Real Estate Rentals

Per Diem and Fees

Contracts

Computer Charges

Telecommunications

Children's Trust Fund

Cash Benefits

Special Purpose Contracts

Service Benefits for Children

Purchase of Service Contracts

Postage

Grants to County DFCS - Operations

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Services Funding

Tobacco Funds Budgeted

State Funds Budgeted

$ 1,639,391 $0 $ 8,951,621 $ 2,813,800 $ 1,983,776 $ 856,370 $ 1,609,193 $ 7,854,485 $ 294,270 $ 15,232,793 $ 4,079,320 $ 2,975,905 $ 60,970 $ 10,482,402 $ 243,983 $ 14,069,737 $ (4,024,899) $ (1,407,096) $195,898,783
$ 14,445,243 $ 3,414,939 $ 1,297,817 $0 $ 237,019 $ 468,288 $ 6,981,954 $ 7,036,844 $0 $ 688,660 $ 7,630,688 $ 120,803,498 $ 7,209,127 $ 455,495,832 $ 31,312,611 $ 2,401,505 $ 385,303,844 $ (4,500,000) $ 1,040,227,869 $0 $ 3,341,218 $ 438,834,753

860

JOURNAL OF THE SENATE

Departmental Functional Budgets

Total Funds

Director's Office

$ 1,079,930

Social Services

$ 6,685,445

Fiscal Management

$ 4,638,254

Quality Assurance

$ 3,844,812

Community Services

$ 14,224,301

Field Management

$ 2,885,891

Professional Development

$ 4,321,266

Economic Support

$ 3,070,149

Child Care and Parent Services

$ 501,837

Temporary Assistance for Needy Families

$ 111,634,948

SSI - Supplemental Benefits

$0

Refugee Programs

$ 2,795,420

Energy Benefits

$ 7,223,130

County DFACS Operations - Eligibility

$ 116,556,046

County DFACS Operations - Social Services

$ 144,642,681

Food Stamp Issuance

$ 3,190,752

County DFACS Operations - Homemakers Services $ 7,802,877

County DFACS Operations - Joint and Administration $ 90,535,623

County DFACS Operations - Employability Program $ 26,466,617

Employability Benefits

$ 43,105,900

Legal Services

$ 6,546,322

Family Foster Care

$ 68,959,689

Institutional Foster Care

$ 38,146,350

Specialized Foster Care

$ 21,641,542

Adoption Supplement

$ 44,855,747

Prevention of Foster Care

$ 15,744,598

Troubled Children

$ 61,262,815

Child Day Care

$ 180,700,622

Special Projects

$ 4,033,617

Children's Trust Fund

$ 7,630,688

Indirect Cost

$0

Austerity Adjustments

$ (4,500,000)

Total

$ 1,040,227,869

State Funds $ 1,079,930 $ 5,673,404 $ 2,652,425 $ 3,844,812 $ 1,999,818 $ 2,885,891 $ 2,844,956 $ 3,111,388 $ 501,837 $ 51,609,878 $0 $0 $0 $ 51,600,228 $ 62,483,698 $0 $0 $ 43,736,121 $ 10,571,448 $ 10,743,985 $ 2,670,531 $ 38,927,560 $ 17,569,660 $ 16,401,408 $ 25,591,338 $ 2,069,048 $ 33,149,436 $ 56,316,937 $ 3,993,617 $ 7,630,688 $(12,984,071) $ (4,500,000) $ 442,175,971

4. Community Mental Health/Mental Retardation and Institutions: Personal Services Operating Expenses Motor Vehicle Equipment Purchases Utilities Major Maintenance and Construction

$ 296,988,346 $ 58,537,736 $ 200,000 $ 9,483,000 $ 1,991,161

MONDAY, MARCH 24, 2003

861

Community Services

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Services Funding

Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Southwestern State Hospital

$ 31,291,842

Augusta Regional Hospital

$ 22,195,904

Northwest Regional Hospital at Rome

$ 32,863,035

Georgia Regional Hospital at Atlanta

$ 40,929,551

Central State Hospital

$ 113,908,424

Georgia Regional Hospital at Savannah

$ 21,697,919

Gracewood State School and Hospital

$ 48,373,523

West Central Regional Hospital

$ 23,951,755

Outdoor Therapeutic Programs

$ 4,264,736

Community Mental Health Services

$ 218,620,198

Community Mental Retardation Services

$ 164,851,713

Community Substance Abuse Services

$ 101,419,757

Program Direction and Support

$ 15,203,513

Regional Offices

$ 9,825,404

Austerity Adjustments

$ (3,100,000)

Total

$ 846,297,274

Budget Unit Object Classes:

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Real Estate Rentals

Per Diem and Fees

Contracts

Computer Charges

Telecommunications

Operating Expenses

Community Services

Case Services

Children's Trust Fund

Cash Benefits

Special Purpose Contracts

Service Benefits for Children

Purchase of Service Contracts

$ 482,197,031 $ (3,100,000) $ 846,297,274 $0 $ 10,255,138 $ 599,285,182
State Funds $ 17,942,031 $ 16,488,063 $ 22,547,718 $ 30,168,700 $ 65,644,954 $ 17,449,270 $ 20,043,979 $ 19,318,952 $ 3,324,046 $205,923,246 $130,915,682 $ 48,227,746 $ 8,852,829 $ 5,793,104 $ (3,100,000) $609,540,320
$490,131,976 $ 86,670,904 $ 4,937,652 $ 200,000 $ 894,533 $ 12,562,413 $ 13,612,762 $ 57,686,453 $ 59,674,696 $ 18,689,353 $ 58,537,736 $482,197,031 $0 $ 7,630,688 $120,803,498 $ 7,626,127 $455,495,832 $146,602,537

862

JOURNAL OF THE SENATE

Grant-In-Aid to Counties Major Maintenance and Construction Utilities Postage Payments to DCH-Medicaid Benefits Grants to County DFCS - Operations Medical Benefits Brain and Spinal Trust Fund Benefits Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding Tobacco Funds Budgeted Brain and Spinal Trust Fund State Funds Budgeted
Section 17. Department of Industry, Trade and Tourism. State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Local Welcome Center Contracts Marketing Georgia Ports Authority Lease Rentals Foreign Currency Reserve Waterway Development in Georgia Lanier Regional Watershed Commission Georgia World Congress Center One Georgia Fund Intergovernmental Contract Austerity Adjustments
Total Funds Budgeted Tobacco Funds Budgeted State Funds Budgeted Departmental Functional Budgets

$159,968,182 $ 2,154,612 $ 9,483,000 $ 4,693,676 $ 33,961,019 $386,858,844 $ 6,677,725 $ 850,000 $(10,826,054) $ 2,617,775,195 $ 1,754,937 $ 47,748,385 $ 1,000,000 $ 1,396,402,253
$ 29,001,758 $ 78,051,263 $ 12,930,506 $ 1,120,240 $ 615,806 $ 20,000 $ 62,597 $ 391,336 $ 837,119 $ 442,215 $ 37,200 $ 1,339,286 $ 253,100 $ 9,314,895 $0 $0 $ 50,000 $0 $0 $ 78,051,263 $ 2,200,000 $ (612,542) $107,053,021 $ 78,051,263 $ 29,001,758

MONDAY, MARCH 24, 2003

863

Administration Economic Development Trade Tourism Film Austerity Adjustments Total

Total Funds $ 89,836,903 $ 9,364,004 $ 2,850,492 $ 4,984,997 $ 629,167 $ (612,542) $ 107,053,021

Section 18. Department of Insurance. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Health Care Utilization Review Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund Austerity Adjustments Total

Total Funds $ 5,473,473 $ 6,098,248 $ 522,127 $ 4,951,099 $ 821,239 $ (323,858) $ 17,542,328

Section 19. Department of Juvenile Justice. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

State Funds $ 11,785,640 $ 9,364,004 $ 2,850,492 $ 4,984,997 $ 629,167 $ (612,542) $ 29,001,758
$ 16,505,828 $ 15,318,688 $ 702,947 $ 433,030 $ 80,176 $ 20,000 $ 223,000 $ 634,689 $ 367,614 $ 86,042 $0 $0 $ (323,858) $ 17,542,328 $ 16,505,828
State Funds $ 5,473,473 $ 6,098,248 $ 522,127 $ 3,914,599 $ 821,239 $ (323,858) $ 16,505,828
$ 272,089,291 $ 172,569,791 $ 15,522,558 $ 2,079,741 $ 349,143 $ 786,688 $ 3,561,658

864

JOURNAL OF THE SENATE

Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts Capital Outlay Juvenile Justice Reserve Children and Youth Grants Juvenile Justice Grants Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Regional Youth Development Centers Youth Development Centers YDC Purchased Services Court Services Day Centers Group Homes Community Corrections Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Office of Training Children and Youth Coordinating Council Austerity Adjustments Total

Total Funds $ 79,184,314 $ 76,711,212 $ 24,607,845 $ 34,645,510 $ 579,624 $ 1,880,403 $ 45,880,657 $ 1,401,903 $ 1,007,132 $ 4,262,898 $ 18,880,421 $ 3,281,593 $ 2,768,074 $ (4,825,188) $ 290,266,398

Section 20. Department of Labor. A. Budget Unit: State Funds - Department of Labor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

$ 3,172,907 $ 2,370,598 $ 3,878,290 $ 5,665,715 $ 3,315,142 $ 400,000 $0 $ 79,532,255 $0 $0 $0 $ 200,000 $ 1,687,100 $ (4,825,188) $ 290,266,398 $ 272,089,291
State Funds $ 77,680,354 $ 74,463,793 $ 23,704,038 $ 30,140,703 $ 579,624 $ 1,880,403 $ 38,884,141 $ 1,401,903 $ 1,007,132 $ 4,172,898 $ 18,859,823 $ 3,281,593 $ 858,074 $ (4,825,188) $272,089,291
$ 16,303,499 $ 90,267,502 $ 7,405,831 $ 1,481,527 $ 34,858 $ 566,309 $ 2,710,148 $ 2,874,629

MONDAY, MARCH 24, 2003

Telecommunications WIA Contracts Per Diem and Fees Contracts W.I.N. Grants Payments to State Treasury Capital Outlay Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

B. Budget Unit: State Funds - Division of Rehabilitation Services

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Real Estate Rentals

Per Diem and Fees

Contracts

Computer Charges

Telecommunications

Case Services

Special Purpose Contracts

Purchase of Services Contracts

Major Maintenance and Construction

Utilities

Postage

Capital Outlay

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Services Funding

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Vocational Rehabilitation Services

$ 87,217,764

Business Enterprise Program

$ 1,663,761

Administration

$ 4,010,337

Disability Adjudication

$ 55,297,080

Georgia Industries for the Blind

$ 11,821,908

Roosevelt Warm Springs Institute

$ 29,739,902

Austerity Adjustments

$ (1,279,985)

Total

$ 188,470,767

865
$ 2,030,660 $ 54,500,000 $ 2,778,378 $ 1,323,287 $0 $ 1,287,478 $0 $ (553,758) $166,706,849 $ 16,303,499
$ 28,316,621 $ 93,663,446 $ 14,003,645 $ 2,054,347 $ 39,095 $ 1,115,890 $ 6,090,455 $ 7,177,826 $ 4,462,857 $ 2,573,235 $ 3,138,419 $ 41,304,191 $ 1,068,997 $ 12,803,349 $0 $0 $0 $ 255,000 $ (1,279,985) $188,470,767 $ 100,000 $ 28,316,621
State Funds $ 18,877,887 $ 360,633 $ 2,532,691 $0 $ 722,533 $ 7,102,862 $ (1,279,985) $ 28,316,621

866

JOURNAL OF THE SENATE

Section 21. Department of Law. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Books for State Library Transfer Funds to Governor's Office Austerity Adjustments
Total Funds Budgeted State Funds Budgeted
Section 22. Merit System of Personnel Administration. State Funds Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem and Fees Contracts Computer Charges Telecommunications Payments to State Treasury
Total Funds Budgeted Federal Funds Other Agency Funds Agency Assessments Deferred Compensation State Funds Budgeted
Section 23. Department of Motor Vehicle Safety. State Funds Personal Services Regular Operating Expenses Travel

$ 14,898,464 $ 15,179,993 $ 705,564 $ 181,781 $0 $0 $ 299,269 $ 915,941 $ 192,258 $ 19,414,422 $0 $ 197,158 $0 $ (313,862) $ 36,772,524 $ 14,898,464
$0 $ 8,814,917 $ 1,073,018 $ 83,213 $0 $ 696,904 $ 285,350 $ 874,311 $ 1,774,772 $ 173,863 $ 1,901,515 $ 15,677,863 $0 $ 1,573,733 $ 13,176,154 $ 927,976 $0
$ 89,543,393 $ 61,055,181 $ 8,072,954 $ 465,062

MONDAY, MARCH 24, 2003

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Capital Outlay

Motor Vehicle Tag Purchase

Post Repairs

Conviction Reports

Driver's License Processing

Postage

Investment for Modernization

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Funding

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Administration

$ 33,848,830

Operations

$ 51,834,590

Enforcement

$ 16,071,622

Austerity Adjustments

$ (1,857,756)

Total

$ 99,897,286

Section 24. Department of Natural Resources. A. Budget Unit: State Funds - Department of Natural Resources Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Authority Lease Rentals Advertising and Promotion Cost of Material for Resale Capital Outlay:
New Construction

867
$ 332,206 $ 345,335 $ 12,461,537 $ 2,792,509 $ 2,979,499 $ 481,198 $ 1,318,987 $0 $ 6,892,489 $0 $ 348,651 $ 3,459,434 $ 750,000 $0 $ (1,857,756) $ 99,897,286 $ 1,960,000 $ 89,543,393
State Funds $ 28,562,245 $ 51,834,590 $ 11,004,314 $ (1,857,756) $ 89,543,393
$111,298,112 $ 90,397,923 $ 15,409,186 $ 813,926 $ 412,765 $ 1,582,590 $ 3,291,804 $ 1,018,551 $ 9,425,779 $ 730,140 $ 1,399,335 $0 $ 725,000 $ 1,333,300
$ 860,176

868

JOURNAL OF THE SENATE

Repairs and Maintenance Wildlife Management Area Land Acquisition Paving at State Parks and Historic Sites Grants: Land and Water Conservation Georgia Heritage 2000 Grants Recreation Contracts: Georgia State Games Commission Payments to Civil War Commission Hazardous Waste Trust Fund Solid Waste Trust Fund Wildlife Endowment Fund Payments to Georgia Agricultural Exposition Authority Payments to Southwest Georgia Railroad Excursion Authority Payments to McIntosh County Payments to Baker County Payments to Calhoun County Payments to Georgia Agrirama Development Authority for operations Community Green Space Grants Austerity Adjustments
Total Funds Budgeted Receipts from Jekyll Island State Park Authority Receipts from Stone Mountain Memorial Association Receipts from Lake Lanier Islands Development Authority Receipts from North Georgia Mountain Authority Indirect DOAS Funding

$ 4,560,913 $ 982,330 $ 500,000
$ 800,000 $ 341,000 $0
$ 336,793 $ 59,565 $ 7,595,077 $ 6,132,574 $0 $ 1,839,297 $ 493,381 $ 100,000 $ 31,000 $ 24,000 $ 955,662 $ (2,010,000) $ (2,032,795) $148,109,272 $ 840,190 $0 $ 1,831,931 $ 1,434,982 $ 200,000

State Funds Budgeted Departmental Functional Budgets
Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Austerity Adjustments Total

Total Funds $ 3,475,726 $ 7,508,429 $ 2,767,742 $ 41,422,766 $ 2,609,161 $ 37,178,564 $ 54,712,046 $ 467,633 $ (2,032,795) $ 148,109,272

$111,298,112
State Funds $ 3,428,460 $ 7,508,429 $ 2,277,742 $ 20,967,046 $ 2,438,299 $ 31,846,593 $ 44,500,618 $ 363,720 $ (2,032,795) $111,298,112

B. Budget Unit:State Funds-Georgia Agricultural Exposition Authority$ 0

MONDAY, MARCH 24, 2003

869

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

$ 3,267,771 $ 2,349,303 $ 10,000 $0 $ 36,796 $ 20,000 $0 $ 80,000 $ 89,167 $ 754,000 $0 $ (38,988) $ 6,568,049 $0

C. Budget Unit:State Funds-Georgia Agrirama Development Authority$ 0

Personal Services

$ 1,245,057

Regular Operating Expenses

$ 199,000

Travel

$ 5,792

Motor Vehicle Purchases

$0

Equipment

$ 7,000

Computer Charges

$ 5,792

Real Estate Rentals

$0

Telecommunications

$ 12,000

Per Diem and Fees

$ 500

Contracts

$ 68,768

Capital Outlay

$ 152,750

Goods for Resale

$ 120,000

Austerity Adjustments

$ (20,250)

Total Funds Budgeted

$ 1,796,409

State Funds Budgeted

$0

Section 25. State Board of Pardons and Paroles. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees

$ 48,537,488 $ 40,852,338 $ 1,433,825 $ 431,800 $0 $ 291,500 $ 606,200 $ 2,958,373 $ 1,065,600 $ 523,304

870

JOURNAL OF THE SENATE

Contracts County Jail Subsidy Health Services Purchases Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

Section 26. Department of Public Safety.

A. Budget Unit: State Funds - Department of Public Safety

Operations Budget:

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

State Patrol Posts Repairs and Maintenance

Capital Outlay

Conviction Reports

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Service Funding

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Administration

$ 19,434,616

Field Operations

$ 68,534,783

Austerity Adjustments

$ (1,721,055)

Total

$ 86,248,344

B. Budget Unit: State Funds - Units Attached for Administrative Purposes Only Attached Units Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

$ 740,679 $ 617,500 $ 20,000 $ (1,003,631) $ 48,537,488 $ 48,537,488
$ 81,593,659
$ 71,741,359 $ 8,242,955 $ 105,552 $ 2,876,986 $ 338,775 $ 974,581 $ 186,443 $ 2,090,791 $ 346,387 $ 464,333 $ 601,237 $0 $0 $ (1,721,055) $ 86,248,344 $ 990,000 $ 81,593,659
State Funds $ 18,081,366 $ 65,233,348 $ (1,721,055) $ 81,593,659
$ 14,946,183
$ 12,126,847 $ 3,607,873 $ 206,762 $0 $ 195,046 $ 318,377

MONDAY, MARCH 24, 2003

Real Estate Rentals Telecommunications Per Diem and Fees Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Office of Highway Safety Georgia Peace Officers Standards and Training Police Academy Fire Academy Georgia Firefighters Standards and Training Council Georgia Public Safety Training Facility Total

Total Funds $ 5,755,070 $ 1,460,431 $ 1,997,405 $ 1,223,016 $ 475,871 $ 12,504,397 $ 23,416,190

Section 27. Public School Employees' Retirement System. State Funds Payments to Employees' Retirement System Employer Contributions Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

Section 28. Public Service Commission. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

871
$ 317,467 $ 351,950 $ 432,300 $ 541,569 $ 3,575,200 $ 2,058,309 $0 $ (315,510) $ 23,416,190 $ 14,946,183
State Funds $ 578,767 $ 1,460,431 $ 1,133,687 $ 1,081,055 $ 475,871 $ 10,216,372 $ 14,946,183
$ 4,127,798 $ 593,750 $ 3,534,048 $0 $ 4,127,798 $ 4,127,798
$ 8,820,806 $ 6,821,965 $ 250,711 $ 111,876 $ 22,214 $ 15,300 $ 208,791 $ 511,428 $ 124,660 $ 628,262 $ 582,500 $ (183,590) $ 9,094,117 $ 8,820,806

872

JOURNAL OF THE SENATE

Section 29. Board of Regents, University System of Georgia. A. Budget Unit: State Funds - Resident Instruction Tobacco Funds Personal Services:
Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay Austerity Adjustments
Total Funds Budgeted Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding Governor's Emergency Funds Tobacco Funds Budgeted State Funds Budgeted
B. Budget Unit: State Funds - Regents Central Office and Other Organized Activities
Tobacco Funds Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Agricultural Research Advanced Technology Development Center/
Economic Development Institute Seed Capital Fund - ATDC Capital Outlay Center for Rehabilitation Technology SREB Payments Regents Opportunity Grants

$ 1,444,860,274 $ 6,585,889
$ 1,760,113,452 $ 424,223,505
$ 451,733,090 $ 854,188,741 $ 33,765,643 $ 1,138,340 $ 345,833 $ 1,011,627 $ 30,291,698 $ 123,584,731 $ (29,829,298) $ 3,650,567,362 $ 132,081,672 $ 1,278,412,246 $ 785,552,781 $ 3,039,500 $ 35,000 $ 6,585,889 $ 1,444,860,274
$ 220,699,465 $0
$ $ 70,959,391
$ 60,237,374 $ 41,101,657 $ 3,103,580
$ 23,067,667 $0 $0 $ 7,790,087 $ 848,363 $ 548,200

MONDAY, MARCH 24, 2003

873

Rental Payments to Georgia Military College

$ 1,735,650

Direct Payments to the Georgia Public

Telecommunications Commission for Operations

$ 18,565,802

Public Libraries Salaries and Operations

$ 34,755,498

Student Information System

$0

Georgia Medical College Health, Inc.

$ 35,104,249

Austerity Adjustments

$ (4,228,694)

Total Funds Budgeted

$ 429,187,554

Departmental Income

$ 8,610,113

Sponsored Income

$ 124,936,276

Other Funds

$ 74,398,200

Indirect DOAS Services Funding

$ 543,500

Tobacco Funds Budgeted

$0

State Funds Budgeted

$ 220,699,465

Regents Central Office and Other Organized Activities

Total Funds

State Funds

Marine Resources Extension Center

$ 2,834,246

$ 1,649,446

Skidaway Institute of Oceanography

$ 6,469,309

$ 1,810,419

Marine Institute

$ 1,828,871

$ 1,061,238

Georgia Tech Research Institute

$ 123,302,969 $ 9,838,961

Advanced Technology Development Center/

Economic Development Institute

$ 23,067,667

$ 9,944,392

Agricultural Experiment Station

$ 78,401,230

$ 45,959,968

Cooperative Extension Service

$ 62,414,534

$ 39,320,397

Medical College of Georgia Hospital and Clinics $ 193,500

$0

Veterinary Medicine Experiment Station

$ 3,949,799

$ 3,949,799

Veterinary Medicine Teaching Hospital

$ 7,242,199

$ 542,199

Georgia Radiation Therapy Center

$ 3,625,810

$0

Athens and Tifton Veterinary Laboratories

$ 4,756,657

$ 102,687

Regents Central Office

$ 65,842,622

$ 65,720,773

Public Libraries

$ 43,642,427

$ 39,333,472

State Data Center

$ 5,844,408

$ 5,694,408

Austerity Adjustments

$ (4,228,694)

$ (4,228,694)

Total

$ 429,187,554

$220,699,465

C. Budget Unit: State Funds - Georgia Public Telecommunications Commission
Personal Services Operating Expenses General Programming Distance Learning Programming Austerity Adjustments
Total Funds Budgeted

$0 $ 14,654,631 $ 15,671,989 $ 4,070,278 $ 2,784,685 $ (391,490) $ 36,790,093

874

JOURNAL OF THE SENATE

Other Funds State Funds Budgeted

D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust Fund Georgia Public Telecommunications Commission Internet Connection Initiative Special Funding Initiatives Research Consortium - Georgia Research Alliance Equipment - Public Libraries Student Information System Educational Technology Center Total Funds Budgeted Lottery Funds Budgeted

Section 30. Department of Revenue. State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff Postage Investment for Modernization Homeowner Tax Relief Grants Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding Tobacco Funds State Funds Budgeted Departmental Functional Budgets

Departmental Administration Internal Administration

Total Funds $ 37,966,647 $ 7,987,227

$ 36,790,093 $0
$ 21,509,000 $ 12,000,000 $ 2,000,000 $0 $ 7,509,000 $0 $0 $0 $0 $ 21,509,000 $ 21,509,000
$467,978,662 $ 150,000 $ 61,914,466 $ 4,747,373 $ 1,026,000 $ 53,045 $ 175,384 $ 15,014,862 $ 7,107,067 $ 2,249,299 $ 606,992 $ 1,375,758 $ 4,086,456 $0 $ 2,800,655 $ 17,785,550 $377,500,000 $ (1,879,380) $494,563,527 $ 2,545,000 $ 150,000 $467,978,662
State Funds $ 20,181,097 $ 7,987,227

MONDAY, MARCH 24, 2003

Information Systems Compliance Division Income Tax Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Austerity Adjustments Total

$ 17,097,493 $ 27,826,845 $ 7,427,706 $ 382,317,960 $ 5,722,476 $ 5,000 $ 6,775,576 $ 3,315,977 $ (1,879,380) $ 494,563,527

Section 31. Secretary of State. A. Budget Unit: State Funds - Secretary of State Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Election Expenses Capital Outlay Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Internal Administration Archives and Records Capitol Education Center Business Services - Corporations Business Services - Securities Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Holocaust Commission Austerity Adjustments Total

Total Funds $ 5,022,390 $ 6,731,898 $ 416,019 $ 2,045,424 $ 1,976,955 $ 8,296,949 $ 1,386,731 $ 552,127 $ 9,286,195 $ 301,204 $ (699,720) $ 35,316,172

875
$ 15,842,493 $ 23,921,082 $ 7,427,706 $380,207,825 $ 5,699,833 $ 5,000 $ 5,575,576 $ 3,010,203 $ (1,879,380) $467,978,662
$ 34,251,822 $ 19,025,144 $ 4,357,156 $ 401,924 $ 72,492 $ 65,019 $ 3,838,024 $ 4,684,740 $ 1,017,577 $ 171,526 $ 1,792,955 $ 589,335 $0 $ (699,720) $ 35,316,172 $ 34,251,822
State Funds $ 4,992,390 $ 6,656,898 $ 416,019 $ 1,306,074 $ 1,926,955 $ 8,276,949 $ 1,386,731 $ 552,127 $ 9,136,195 $ 301,204 $ (699,720) $ 34,251,822

876

JOURNAL OF THE SENATE

B. Budget Unit: State Funds - Real Estate Commission

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Austerity Adjustments

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Real Estate Commission

$ 2,209,171

Austerity Adjustments

$ (25,000)

Total

$ 2,209,171

Section 32. Soil and Water Conservation Commission. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Conservation Grants Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

Section 33. Student Finance Commission. A. Budget Unit: State Funds - Student Finance Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 2,209,171 $ 1,489,924 $ 145,000 $ 47,000 $0 $ 12,500 $ 96,747 $ 181,000 $ 84,000 $ 178,000 $0 $ (25,000) $ 2,209,171 $ 2,209,171
State Funds $ 2,209,171 $ (25,000) $ 2,209,171
$ 3,420,462 $ 1,684,267 $ 202,070 $ 36,069 $0 $ 23,184 $ 13,478 $ 119,052 $ 40,214 $ 139,438 $ 1,762,645 $ 86,000 $ (45,550) $ 4,060,867 $ 3,420,462
$ 39,860,391 $ 561,309 $ 20,140 $ 13,000 $0

MONDAY, MARCH 24, 2003

877

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Guaranteed Educational Loans Tuition Equalization Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants North Georgia College Graduates Scholarship Osteopathic Medical Loans Georgia Military Scholarship Grants LEAP Program Governor's Scholarship Program Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education
Commission Austerity Adjustments Total

Total Funds $ 40,482,126
$ 716,133 $ (817,215) $ 40,381,044

B. Budget Unit: Lottery for Education HOPE Financial Aid - Tuition HOPE Financial Aid - Books HOPE Financial Aid - Fees Tuition Equalization Grants Hope Scholarships - Private Colleges Georgia Military College Scholarship LEPD Scholarship Teacher Scholarships Promise Scholarships Promise II Scholarships Engineer Scholarships Personal Services - HOPE Administration Operating Expenses - HOPE Administration
Total Funds Budgeted Lottery Funds Budgeted

$ 6,300 $ 12,000 $ 49,615 $ 10,091 $ 11,560 $ 32,118 $ 4,260,521 $ 30,044,521 $ 66,313 $ 351,217 $ 22,563 $0 $ 508,659 $ 1,534,365 $ 3,693,967 $ (817,215) $ 40,381,044 $ 39,860,391
State Funds $ 39,961,473
$ 716,133 $ (817,215) $ 39,860,391
$ 390,887,625 $ 229,273,347 $ 49,006,492 $ 52,776,833 $0 $ 42,181,370 $ 808,333 $ 246,024 $ 5,332,698 $ 5,855,278 $ 847,495 $ 760,000 $ 2,059,431 $ 1,740,324 $ 390,887,625 $ 390,887,625

878

JOURNAL OF THE SENATE

Section 34. Teachers' Retirement System. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Employee Benefits Retirement System Members Floor Fund for Local Retirement Systems
Total Funds Budgeted State Funds Budgeted
Section 35. Department of Technical and Adult Education. A. Budget Unit: State Funds - Department of Technical
and Adult Education Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets

$ 2,670,000 $ 10,495,013 $ 629,344 $ 26,500 $0 $ 35,000 $ 8,010,375 $ 673,770 $ 330,000 $ 737,700 $0 $0 $ 2,550,000 $ 120,000 $ 23,607,702 $ 2,670,000
$ 277,871,777 $ 6,457,252 $ 374,330 $ 125,510 $0 $ 48,359 $ 588,518 $ 144,671 $ 169,110 $ 614,420 $ 115,980 $0 $ 246,352,015 $ 61,245,035 $ 6,398,577 $ 20,008,184 $ 3,621,510 $ 13,149,377 $ (5,793,954) $ 353,618,894 $ 277,871,777

MONDAY, MARCH 24, 2003

879

Administration Institutional Programs Austerity Adjustments Total

Total Funds $ 8,638,150 $ 350,774,698 $ (5,793,954) $ 353,618,894

State Funds $ 6,578,362 $277,087,369 $ (5,793,954) $277,871,777

B. Budget Unit: Lottery for Education

$0

Computer Laboratories and Satellite Dishes-Adult Literacy

$0

Capital Outlay

$0

Capital Outlay - Technical Institute Satellite Facilities

$0

Equipment-Technical Institutes

$0

Repairs and Renovations - Technical Institutes

$0

Total Funds Budgeted

$0

Lottery Funds Budgeted

$0

Section 36. Department of Transportation. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Capital Outlay - Airport Aid Program Mass Transit Grants Harbor Maintenance/Intra-Coastal Waterways
Maintenance and Operations Spoilage, Land Acquisition, Clearing and Preparation Contracts with the Georgia Rail Passenger Authority Payments to the State Road and Tollway Authority Austerity Adjustments
Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets

$ 667,076,123 $ 262,090,843 $ 79,985,329 $ 2,092,445 $ 1,810,000 $ 7,531,739 $ 12,788,293 $ 1,831,320 $ 4,872,117 $ 7,346,696 $ 48,431,848 $ 1,143,539,698 $ 6,943,629 $ 17,582,915
$ 721,355 $0 $ 534,012 $ 39,271,138 $ (350,852) $ 1,637,022,525 $ 667,076,123

Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments

Total Funds $ 1,327,840,508 $ 232,949,280

State Funds $ 377,400,221 $ 228,365,141

880

JOURNAL OF THE SENATE

Facilities and Equipment Administration Total

$ 17,250,694 $ 27,334,330 $ 1,605,374,812

$ 16,750,694 $ 26,430,580 $ 648,946,636

General Funds Budget Planning and Construction Maintenance and Betterments Administration Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Austerity Adjustments Total

$0 $0 $0 $ 3,169,943 $ 28,107,267 $ 721,355 $ (350,852) $ 31,647,713

$0 $0 $0 $ 2,512,148 $ 15,246,836 $ 721,355 $ (350,852) $ 18,129,487

Section 37. Department of Veterans Service.

State Funds

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Operating Expense/Payments to Medical College of Georgia

Capital Outlay

WWII Veterans Memorial

Regular Operating Expenses for Projects and Insurance

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Veterans Assistance

$ 24,878,422

Veterans Nursing Home-Augusta

$ 7,904,063

Total

$ 32,782,485

$ 22,049,800 $ 6,038,004 $ 420,437 $ 154,602 $0 $ 105,822 $ 6,361 $ 219,148 $ 90,660 $ 24,500 $ 17,631,444 $ 7,904,063 $0 $0 $ 187,444 $ 32,782,485 $ 22,049,800
State Funds $ 17,126,329 $ 4,923,471 $ 22,049,800

Section 38. Workers' Compensation Board. State Funds Personal Services Regular Operating Expenses Travel

$ 13,744,229 $ 10,098,171 $ 470,115 $ 140,600

MONDAY, MARCH 24, 2003

881

Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Payments to State Treasury Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

$0 $ 44,048 $ 261,976 $ 1,337,338 $ 187,828 $ 145,100 $ 1,423,053 $0 $ 14,108,229 $ 13,744,229

Section 39. State of Georgia General Obligation Debt Sinking Fund.

A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund

State General Funds (Issued)

$543,737,331

Motor Fuel Tax Funds (Issued)

$ 51,000,000

$594,737,331

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund

State General Funds (New)

$ 30,683,970

Motor Fuel Tax Funds (New)

$0

$ 30,683,970

Section 40. Provisions Relative to Section 3, Judicial Branch.

The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the

Supreme Court of the State of Georgia, including salaries and retirement contributions for

Justices and the employees of the Court, including the cost of purchasing and distributing

the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks,

and others as required by Code Section 50-18-31, and including Georgia's pro rata share

for the operation of the National Center for State Courts; cost of operating the Court of

Appeals of the State of Georgia, including salaries and retirement contributions for

judges and employees of the Court; cost of operating the Superior Courts of the State of

Georgia, including the payment of Judges' salaries, the payment of mileage authorized by

law and such other salaries and expenses as may be authorized by law; for the payment of

salaries, mileage and other expenses as may be authorized by law for District Attorneys,

Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and

operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the

Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court

Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the

latter of which funds shall be allocated to the ten administrative districts by the Chairman

of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by

Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial

Education and the Georgia Magistrate Courts Training Council created by Code Section

15-10-132; cost of operating the Judicial Council of the State of Georgia, the

Administrative Office of the Courts, the Board of Court Reporting of the Judicial

882

JOURNAL OF THE SENATE

Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 41. Provisions Relative to Section 4, Department of Administrative Services. It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.
Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2002 of all vehicles purchased or newly leased during Fiscal Year 2002.
Notwithstanding any provision of the law to the contrary, in managing any of the selfinsurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.
Section 42. Provisions Relative to Section 7, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.
Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:
If a local assistance grant above incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose.
If a local assistance grant above states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.
Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.

MONDAY, MARCH 24, 2003

883

If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.
Provided, however, that the Department shall contract with the Southeast Georgia Regional Development Center from the Contracts object class a total of $70,034 for operating expenses.

Recipient

Description

Amount

Georgia Mountain RDC Water Planning

$ 45,000

Americus Sumnter Construction of restrooms and concession stand at

County Recreation recreation/soccer fields for Americus/Sumnter County

Authority

Recreation Authority

$ 40,000

Athens/Clark County Contract with Food Bank of Northeast Georgia for food

distribution in Athens/Clark County

$ 10,000

Athens/Clark County Contract with Grand Slam Program in Athens/Clarke

County

$ 5,000

Athens/Clark County Contract with Hancock Community Development in

Athens/Clarke County

$ 10,000

Athens/Clarke

Purchase a van for resident transportation need at Lanier

County

Gardens/Talmadge Terrace in Athens/Clarke County $ 25,000

Athens/Clarke

Contract with Athens Tutorial Program for after-school

County

tutorial and enrichment program in Athens/Clarke

County

$ 10,000

Athens/Clarke

Funding for the Non-profit Community Children's

County

Chorus at the University of Georgia in Athens/Clarke

County

$ 15,000

Athens/Clarke

Roof repair at building housing Kelley Diversified, Inc.

County

in Athens/Clarke County

$ 20,000

Athens/Clarke

Provide for project Safe Campuses Now in

County

Athens/Clarke County

$ 30,000

Atkinson County Chain link fencing and security gates for playground at

Board of Education Willacoochee Elementary and fencing for the new high

school in Atkinson County

$ 4,500

Atkinson County Provide lighting for parking lot at new high school in $ 10,000

884

JOURNAL OF THE SENATE

Board of Education Atkinson County Commission Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County Augusta/Richmond County

Atkinson County

Courthouse parking lot expansion, courtroom renovation

and farmers' market in Atkinson County

$ 10,000

Contract for services with the Augusta Mini Theater,

Inc. in Augusta/ Richmond County

$ 50,000

Program enhancements for the Augusta Players in

Augusta/Richmond County

$ 25,000

Planning money for railroad track removal in downtown

Augusta

$ 50,000

Contract for services with Harrisburg Neighborhood

Association for food and essentials for the needy in

Augusta/Richmond County

$ 35,000

Construct playground for disabled children in Central

Savannah River Area for the Rachel Longstreet

Foundation in Augusta/Richmond County

$ 25,000

Exhibition improvements and expansion of education

programs at the Augusta Museum of History

$ 15,000

Contract for services with the Beyond The Ark Outreach

Services B.T.A. in Augusta/Richmond County

$ 10,000

Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County
Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County

Expand operation of the Augusta/Richmond County

Animal Control

$ 15,000

Technology computer center within the Barton Village

Community in Augusta/Richmond County

$ 10,000

Contract for services with Augusta African/American

Historical Community in Augusta/Richmond County to

identify historical locations

$ 10,000

Contract for services with Shiloh Comprehensive

Community Center in Augusta/Richmond County

$ 5,000

Contract for services with Beulah Grove Community

Resource Center in Augusta/Richmond County

$ 10,000

Contract services with Augusta/Richmond Opportunities

in Augusta/Richmond County

$ 5,000

MONDAY, MARCH 24, 2003

885

Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County Augusta/Richmond County Avondale Estates
Bacon County
Bacon County Baker County
Baker County Board of Education Baldwin County
Baldwin County Baldwin County
Baldwin County
Baldwin County

Contract for services with Neighborhood Improvement

Programs in Augusta/Richmond County

$ 5,000

Contract for services with Lucy Craft Laney Museum in

Augusta/Richmond County

$ 5,000

Contract for services with Good Hope Social Services

Ministries for after-school enrichment and tutorial

programs in Augusta/Richmond County

$ 5,000

Contract for services with CSRA Transitional Center,

Inc. for programs to combat juvenile delinquency in

Augusta/Richmond County

$ 10,000

Contract for services with New Savannah Road Social

Services in Augusta/Richmond County

$ 40,000

Construction cost of The Theater in Augusta/Richmond

County

$ 50,000

Renovate Boy Scout's building in the City of Avondale

Estates

$ 10,000

Purchase 4-H equipment and supplies for Bacon County

Extension Service

$ 2,000

Improvements at Bacon County Recreation Department $ 5,000

Contract with Georgia Empowerment and Resource

Services, Inc. to promote growth and development of

business in Baker County

$ 10,000

Support for Baker Elementary PTA in Baker County

$ 2,000

Purchase Thermal Imaging Camera equipment for use

by Baldwin County Fire Department

Purchase digital mapping system for Baldwin County $ 10,000

Continuation of Office of Solicitor General's victim

assistance programs in Baldwin County

$ 5,000

Funds for Baldwin/Oconee River Greenway Project in

Baldwin County

$ 10,000

Fund the Victims Assistance Program in Baldwin

County

$ 15,000

886

JOURNAL OF THE SENATE

Baldwin County
Banks County
Banks County Commission Banks County Board of Education Bartow County
Bartow County Bartow County Commission Berrien County
Bibb County
Bibb County
Bibb County
Bibb County
Bibb County
Bibb County
Bibb County Bibb County
Bibb County

Funding for programs at the Boys and Girls Club of

Baldwin and Jones Counties

$ 5,000

Purchase of used van for the Banks County Senior

Center

$ 20,000

Design health services for senior citizens in Banks

County

$ 15,000

Purchase band uniforms for the Banks County High

School

$ 30,000

Provide funding for programs and initiatives at Bartow

Collaborative, Inc. in Bartow County

$ 13,000

Purchase equipment for Bartow County Fire Department $ 13,000

Improvements to Stiles boro Academy for the Bartow

County Commission

$ 4,000

Permanently mounted bleachers for Berrien County

Recreation Complex

$ 20,000

Contract for services with The Mentors Project of Bibb

County, Inc.

$ 10,000

Contract for services with Macon/Bibb County Health

Department for HIV/AIDS education and prevention $ 15,000

Improvements to three regional co-ed soccer fields in

Bibb County

$ 25,000

Contract for services with Adopt-A-Role Model in Bibb

County

$ 50,000

General operation of the Harriet Tubman Museum in

Bibb County

$ 100,000

Contract for services with the Middle Georgia Council

on Drugs in Bibb County

$ 20,000

General operation of The Hay House in Bibb County $ 50,000

Contract for services with the Ruth Mosely Center in

Bibb County

$ 50,000

Funding for Kings Park Literacy program in Bibb

County

$ 5,000

MONDAY, MARCH 24, 2003

887

Bibb County Board Enhancements for school band and fine arts program at

of Education

Central High in Bibb County

$ 25,000

Bibb County Courts Contract for services with Macon/Bibb County Teen

Court, Inc.

$ 10,000

Bleckley County

Athletic improvements for Bleckley County High

Board of Education School

$ 10,000

Bleckley County

Bleckley County Development Authority Construction

Development

Project

Authority

$ 25,000

Bleckley County

Provide funding for records management software in

Bleckley County

$ 25,000

Brantley County

Contract for services with Brantley County Historical

Society for operation of library/museum

$ 5,000

Brantley County

Purchase of uniforms and equipment for the Brantley

Board of Education County High School

$ 5,000

Brantley County

Brantley County Intergovernmental Relations Office $ 5,000

Brantley County

Brantley County travel expense fund

$ 5,000

Brooks County

Bridges of Hope in Brooks County

$ 10,000

Brooks County Board Purchase technology lab equipment for Brooks County

of Education

High School

$ 30,000

Bryan County

Flooring for the Pembroke Public Library in Bryan

County

$ 5,000

Bulloch County

Development and construction of athletic fields in

Board of Education Bulloch County

$ 10,000

Bulloch County

Development of nature trails and elevated boardwalks at $ 10,000

Board of Education Mill Creek Regional Park in Bulloch County

Bulloch County

Resurface asphalt track at Southeast Bulloch High

School in Bulloch County

$ 10,000

Burke County

Contract for services with CSRA-EOA/Burke County

Head Start for Reading Readiness Program and

children's library in Burke County

$ 5,000

Candler County

Implement 911 emergency system in Candler County $ 25,000

Carroll County

Establish a symphony orchestra in Carroll County

$ 25,000

888

JOURNAL OF THE SENATE

Carroll County

Remodeling, expanding and upgrading the Carroll

County Agriculture Education Center

$ 20,000

Carroll County Board Outdoor lighting system for Bowdon High School in

of Education

Carroll County

$ 56,600

Charlton County

Purchase recreation equipment for Charlton County $ 5,000

Chatham County Contract for services with the Community

Cardiovascular Council, Inc. in Chatham County

$ 10,000

Chatham County Expand the kitchen for the Meals on Wheels Program at

Senior Citizens, Inc. of Savannah in Chatham County $ 50,000

Chatham County Provide for Head Start Program classroom for the City

of Savannah

$ 10,000

Chatham County Restoration and repair of the Greenbriar Children's

Center, Inc. in Chatham County

$ 35,000

Chatham County Implementation of the Food and Butter Caf for Second

Harvest Food Bank of Georgia in Chatham County

$ 25,000

Chatham County Contract for services with Coastal Association of

Retarded Citizens in Chatham County

$ 20,000

Chatham County

Contract for services with the Community

Cardiovascular Council, Inc. in Chatham County

$ 25,000

Chatham County Contract for services with the Anderson Cohen Weight

Lifting Center to provide specialized weight lifting

equipment for severely disabled athletes in Chatham

County

$ 25,000

Chatham County Construction of monument to the African-American

heritage in Chatham County

$ 20,000

Chatham County Enrich and enhance instructional programs at the Massie

Board of Education School in the City of Savannah

$ 15,000

Chatham County Provide funding for the Chatham/Effingham Library in

Chatham County

$ 23,740

Chatham County Westside Community Center in Chatham County

Commission

$ 100,000

Chattahoochee

Purchase furniture, equipment and supplies for

County Bd of Ed Chattahoochee County Board of Education

$ 25,000

MONDAY, MARCH 24, 2003

889

Chattahoochee County Preservation of an authentic Confederate uniform in

Commission

Chattahoochee County

$ 25,000

Chattahoochee County Construct city/county park walking trail and

Commission

improvements in Chattahoochee County

$ 7,500

Chattooga County Repair and renovate Chattooga County Government

Buildings, Chattooga County Library and Chattooga

County Civic Center

$ 12,500

Chattooga County Contract for services with The Children's Advocacy

Center of Lookout Mountain Judicial Circuit in Walker

County

$ 10,000

Cherokee County Library materials and expenses for Cherokee County $ 50,000

City of Abbeville Funding for renovations made to the old auditorium

building used by the Arts Council in Wilcox County $ 10,000

City of Acworth

Renovations of Historic House at Logan Park Horse

Farm in the City of Acworth

$ 5,000

City of Adairsville Purchase a garbage truck for the City of Adairsville $ 30,000

City of Alamo

Purchase of a sewer jet machine for the City of Alamo $ 10,000

City of Alamo

Fire station construction in City of Alamo

$ 20,000

City of Albany

Funding for HAVN local nonprofit organization in the

City of Albany

$ 3,000

City of Albany

Contract for services with Mt. Olive Outreach for

tutorial programs in the City of Albany

$ 20,000

City of Albany

Contract for services with Union Outreach Mission for

health care for underprivileged in the City of Albany $ 15,000

City of Albany

Contract for services with Slater King Adult Day Care

in the City of Albany

$ 20,000

City of Albany

Contract for services with East Albany Service League,

Inc. for services to underprivileged in the City of Albany $ 20,000

City of Albany

Provide university program speakers at Albany State

University

$ 7,500

City of Albany

Roof replacement for the Thronateeska Heritage Center

in the City of Albany

$ 15,000

890

JOURNAL OF THE SENATE

City of Alma

Improvement for Martin Luther King Park in the City of

Alma

$ 10,000

City of Ambrose

Purchase playground equipment for park in the City of

Ambrose

$ 10,000

City of Andersonville Repair drainage problems at Pioneer Farm tourist

attraction in the City of Andersonville

$ 20,000

City of Arabi

Maintenance and repairs for community service projects

in the City of Arabi

$ 12,000

City of Aragon

Recreation improvements for the City of Aragon

$ 25,000

City of Arlington Build a city/county volunteer firehouse in the City of

Arlington

$ 7,000

City of Ashburn

Purchase playground equipment for recreation area in

West Ashburn in the City of Athens

$ 15,000

City of Athens

Economic revitalization and direct public/private

partnership initiatives in the City of Athens

$ 10,000

City of Athens

Contract with Creative Visions for Saturday enrichment

programs in City of Athens

$ 10,000

City of Atlanta

Funds to feed and shelter homeless at Jericho Rd Project

in the City of Atlanta

$ 15,000

City of Atlanta

Contract for services with Southwest YMCA for the

Brother to Brother and Sisters Only program in City of

Atlanta

$ 50,000

City of Atlanta

Develop Total Wellness Program at Vine City Health

and Housing Ministry in the City of Atlanta

$ 15,000

City of Atlanta

Contract with Pittsburg Community Improvement Assn.

for housing improvement and economic development in

the City of Atlanta

$ 30,000

City of Atlanta Board After-school program at Joe E. Brown Middle School in

of Education

the City of Atlanta

$ 20,000

City of Atlanta

Renovation of the Active Oval in Piedmont Park in the

City of Atlanta

$ 20,000

City of Atlanta

Provide for revitalization of Reynoldstown Community

in the City of Atlanta

$ 15,000

City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta
City of Atlanta
City of Atlanta City of Atlanta
City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta

MONDAY, MARCH 24, 2003

891

Purchase vehicle to transport program recipients for

Antioch Urban Ministries in the City of Atlanta

$ 20,000

Contract for services with Senior Citizens Services

Center for adult day care in the City of Atlanta

$ 52,500

Child care program and classroom conversion at the

Butler St YMCA/Westside Branch in the City of Atlanta $ 15,000

Contract for services with the Georgia Citizen Coalition

on Hunger in the City of Atlanta

$ 25,000

Contract for services with Trinity House for services to

homeless men in the City of Atlanta

$ 25,000

Fund a littoral shelf for the lake at Piedmont Park in the

City of Atlanta

$ 10,000

Contract with Kids in Discovery of Self to maintain

office and staff to continue and promote organization in

the City of Atlanta

$ 25,000

Contract for services with David T. Howard National

Alumni Assn. for substance abuse program in "Old

Fourth Ward" in the City of Atlanta

$ 25,000

Contract for services with Cascade Job Training

Initiative in the City of Atlanta

$ 15,000

Contract for services with Community Care, Inc. for

social service programs to children and youth in the City

of Atlanta

$ 30,000

Purchase workshop materials, transportation and

personnel for Nonprofits, Inc. in the City of Atlanta $ 25,000

Purchase materials at A. D. Williams Elementary School

for the City of Atlanta

$ 1,000

Purchase materials for Alfred Blalock Elementary

School in the City of Atlanta

$ 1,000

Purchase materials at Peyton Forest Elementary School

for the City of Atlanta

$ 1,100

Purchase materials at Jean Childs Young Middle School

in the City of Atlanta

$ 1,500

892

JOURNAL OF THE SENATE

City of Atlanta

Purchase materials at Margaret Fain Elementary School

for the City of Atlanta

$ 1,000

City of Atlanta

Purchase materials at Frederick Douglass High School

for the City of Atlanta

$ 10,000

City of Atlanta

Funds for materials at D. M. Therrell High School for

the City of Atlanta

$ 4,000

City of Atlanta

Purchase materials at Henry McNeal Turner Middle

School for the City of Atlanta

$ 2,500

City of Atlanta

Purchase materials at Fickett Elementary School for the

City of Atlanta

$ 1,000

City of Atlanta

Purchase materials at Leonora P. Miles Elementary

School for the City of Atlanta

$ 1,000

City of Atlanta

Purchase materials for Collier Heights Elementary

School in the City of Atlanta

$ 1,200

City of Atlanta

After-school and weekend program for at-risk children

in the City of Atlanta

$ 10,000

City of Atlanta

Funding for materials at L. O. Kimberly Elementary

School for the City of Atlanta

$ 1,000

City of Atlanta Board Provide funding for Chess Club Program at George A.

of Education

Townes Elementary School for the City of Atlanta

$ 1,100

City of Atlanta

Funding for the purchase of materials at Beecher Hills

Elementary School for the City of Atlanta

$ 1,000

City of Atlanta

Purchase materials at West Fulton Middle School for the

City of Atlanta

$ 1,500

City of Atlanta

Funding for materials at Harper-Archer High School in

the City of Atlanta

$ 1,500

City of Atlanta

Funding for Boyd Clinic in the City of Atlanta

$ 1,500

City of Atlanta

Funding for activities at Adamsville Elementary School

in the City of Atlanta

$ 1,500

City of Atlanta

Purchase materials for Grove Park Elementary School in

the City of Atlanta

$ 1,200

City of Atlanta

Purchase materials at F. L. Stanton Elementary School

for the City of Atlanta

$ 1,200

MONDAY, MARCH 24, 2003

893

City of Atlanta

Purchase materials and supplies for Southside Cultural

Awareness for the City of Atlanta

$ 6,000

City of Atlanta

Funding for materials and supplies at the Cascade

Leadership Institute in the City of Atlanta

$ 20,000

City of Atlanta

Purchase materials at Anderson Park Elementary School

for the City of Atlanta

$ 1,500

City of Atlanta

Purchase materials at Morris Brandon Elementary

School for the City of Atlanta

$ 1,000

City of Atlanta

Renovation of Ferber Cottage at Morris Brown College

in the City of Atlanta

$ 125,000

City of Atlanta

Purchase materials at Margaret Mitchell Elementary

School for the City of Atlanta

$ 1,000

City of Atlanta Public Upgrade playground equipment and drainage problem at

Schools

Mary Lin Elementary School in the City of Atlanta

$ 30,000

City of Atlanta

Funding for materials at Carter G. Woodson Elementary

School for the City of Atlanta

$ 1,000

City of Atlanta

Purchase materials at Clara Maxwell Pitts Elementary

School for the City of Atlanta

$ 1,000

City of Atlanta

Funding for materials at Benjamin E. Mays High School

for the City of Atlanta

$ 4,000

City of Atlanta

Funding for study of tourism in the City of Atlanta

$ 20,000

City of Atlanta

Purchase materials at West Manor Elementary School

for the City of Atlanta

$ 1,000

City of Atlanta

Funding for materials at Oglethorpe Elementary School

for the City of Atlanta

$ 1,500

City of Atlanta

Funding for materials at Continental Colony Elementary

School for the City of Atlanta

$ 1,000

City of Atlanta

Construction of the Progressive Hope House in the City

of Atlanta

$ 25,000

City of Atlanta

Funding for materials at William J. Scott Elementary

School for the City of Atlanta

$ 1,000

City of Atlanta

Improvements to Iverson Park in the City of Atlanta $ 15,000

894

JOURNAL OF THE SENATE

City of Atlanta

Funding for materials at Warren T. Jackson Elementary

School for the City of Atlanta

$ 1,000

City of Atlanta

Purchase materials at Walter F. White Elementary

School for the City of Atlanta

$ 1,000

City of Atlanta

Repair patient elevator at Southwest Hospital in the City

of Atlanta

$ 150,000

City of Atlanta

Purchase materials at Bazoline E.Usher Middle School

in the City of Atlanta

$ 2,500

City of Atlanta

Support Metro Atlanta and statewide arts programming $ 15,000

City of Atlanta

Renovate Candler Park bathhouse in the City of Atlanta $ 50,000

City of Atlanta

Simpson Road House of Hope for contractual services in

the City of Atlanta

$ 28,000

City of Atlanta

Plant trees and cleanup graffiti in the Old Fourth Ward

Neighborhood in the City of Atlanta

$ 4,800

City of Atlanta

Clark Atlanta University Youth Music in the City of

Atlanta

$ 15,000

City of Atlanta

Contract for services with West Fulton Family Support

Center in the City of Atlanta

$ 10,000

City of Atlanta

Bureau of Cultural Affairs for after-school cultural

program in the City of Atlanta

$ 25,000

City of Atlanta

Aid in renovation of Slaton Elementary School in the

City of Atlanta

$ 4,500

City of Atlanta-DCA Contract for services with Cascade United Methodist

Community Outreach Program in the City of Atlanta $ 50,000

City of Augusta

Expansion of Shirley Badke Retreat for families of burn

patients in the City of Augusta

$ 10,000

City of Austell

Funds for roof repairs for Austell City Hall

$ 25,000

City of Austell

Replace existing roof on Austell City Hall

$ 25,000

City of Avera

Equipment purchases for the City of Avera

$ 6,000

City of Avondale Improvements at Lake Avondale and construction of

Estates

walkway over dam in the City of Avondale

$ 25,000

City of Baconton Purchase of benches and landscaping of grounds for

historic Victorian home owned by the City of Baconton $ 7,500

MONDAY, MARCH 24, 2003

895

City of Bainbridge Construction of handicap accessible sidewalks in the

City of Bainbridge

$ 10,000

City of Bainbridge Purchase playground equipment for recreation program

in the City of Bainbridge

$ 15,000

City of Blackshear Purchase equipment for multi-purpose facility in the

City of Blackshear

$ 5,000

City of Blairsville Restoration of City Hall in the City of Blairsville

$ 10,000

City of Bloomingdale Improvements to the drainage at Taylor Park, upgrade

the sprinkler system of the football field and construct a

150' baseball/softball field

$ 25,000

City of Boston

Fund the Streetscape Project in the City of Boston

$ 25,000

City of Braselton Homeland Security funds for the City of Braselton

$ 5,000

City of Bremen

Funding for band and athletic facility improvements at

the City of Bremen High School

$ 13,000

City of Bremen

Recreation funds for the City of Bremen

$ 20,000

City of Brooks

Recreation projects for the City of Brooks

$ 15,000

City of Broxton

Funding for maintenance equipment for parks and

streets in the City of Broxton

$ 15,000

City of Brunswick Purchase a new snorkel for the City of Brunswick

$ 30,000

City of Brunswick Fire department improvement and equipment for the

City of Brunswick

$ 50,000

Haralson County Contract services for Haralson County Library

$ 50,000

City of Buchanan Purchase equipment for the recreational department in

the City of Buchanan

$ 5,000

City of Buchanan Recreation funds for the City of Buchanan

$ 20,000

City of Byron

Repair old Byron gymnasium in the City of Byron

$ 20,000

City of Cairo

Replacement of marquis on Zebulon Theater in the City

of Cairo

$ 10,000

City of Cairo

Operation of theater in the City of Cairo

$ 10,000

City of Camilla

Welcome Center renovation for the City of Camilla $ 15,000

City of Camilla

Continued renovation of Historic Depot project for the

City of Camilla

$ 10,000

896

JOURNAL OF THE SENATE

City of Canon

Renovation and equipment for the City of Canon City

Hall

$ 5,000

City of Cartersville Funds to renovate baseball field and complex at the City

of Cartersville High School

$ 40,000

City of Cave Spring Maintenance, operations and renovation of Fannin Hall

administration building for the Fannin Campus in the

City of Cave Springs

$ 30,000

City of Cedartown Purchase lighting system for the City of Cedartown

Civic Auditorium

$ 21,000

City of Cedartown Purchase lighting for the Cedartown Auditorium

$ 25,000

City of Centerville Renovation to the current police station in the City of

Centerville

$ 5,000

City of Chickamauga Renovations to the downtown area of Chickamauga for

a Beautification Project

$ 15,000

City of Clarkston Contract for services with KHADIJALAND, Inc. for

cultural exchange program

$ 10,000

City of Clarkston Start up of a multi-cultural youth soccer league for the

City of Clarkston

$ 10,000

City of Clarkston Renovations to school in the City of Clarkston

$ 10,000

City of Clarkston Beautification project for the City of Clarkston

$ 10,000

City of Clayton

Contract with Native American Warrior Society for aid

to all disabled veterans and low income families in the

City of Clayton

$ 10,000

City of Cobbtown Renovations and new equipment for city recreation park

in the City of Cobbtown

$ 5,000

City of Cochran

Airport improvements in the City of Cochran

$ 10,000

City of Collins

Purchase fire truck for the City of Collins

$ 10,000

City of Colquitt

Contract with Colquitt Miller Arts Council for cultural

programs in City of Colquitt

$ 25,000

City of Colquitt

Complete renovation of tennis courts at recreational

complex in the City of Colquitt

$ 20,000

City of Columbus Fund personal development/career enhancement

programs in the City of Columbus

$ 20,000

MONDAY, MARCH 24, 2003

897

City of Columbus Funding for community programs at South Westview

Against Drugs in the City of Columbus

$ 15,000

City of Columbus Fund a non-profit educational and personal development

program in the City of Columbus

$ 40,000

City of Columbus Funding for Community Alliance Organization which

implements programs for the underprivileged in the City

of Columbus

$ 30,000

City of Columbus Assist non-profit organization providing housing for low

to moderate income families and individuals in the City

of Columbus

$ 47,000

City of Columbus Establishment of City of Columbus community center

resources

$ 5,000

City of Commerce Purchase surveillance system for the City of Commerce

High School

$ 15,000

City of Concord

Install early weather warning system for the City of

Concord

$ 12,000

City of Concord

Purchase Jaws of Life and 2 defibrillators for the City

of Concord

$ 15,000

City of Conyers

Renovation of historic Bald Rock Church building in the

Georgia International Horse Park in the City of Conyers

for use as a community center

$ 20,000

City of Covington Purchase voice stress analyzer tester for the City of

Covington Police Department

$ 10,000

City of Crawfordville Renovation of city hall and welcome center in the City

of Crawfordville

$ 10,000

City of Dallas

Improvements to park in the City of Dallas

$ 18,000

City of Dalton

Funding for the North West Georgia Girl's Home

operating expenses in the City of Dalton

$ 20,000

City of Darien

Contract for services with the Howard Genesis House,

Inc. for services to homeless women in the City of

Darien

$ 20,000

City of Darien

Renovate the upper level of the City Hall building in the

City of Darien

$ 60,000

898

JOURNAL OF THE SENATE

City of Dawson

Computers and playground equipment for the City of

Dawson

$ 10,000

City of Dawson

Heating, air conditioning and rewiring of historic

Carnegie Library in the City of Dawson

$ 10,000

City of Decatur

Recondition bicycles and build yellow bike stations for

public use in City of Decatur

$ 5,000

City of Doerun

Purchase land for City of Doerun Fire Department

$ 10,000

City of Doerun

Construction of a chain link fence around electric sub-

station in the City of Doerun

$ 7,500

City of Donalsonville Sidewalk improvements in the City of Donalsonville $ 10,000

City of Douglas

Purchase equipment for the City of Douglas Police

Department

$ 3,000

City of Douglas

Purchase portable speed detector for the City of Douglas

Police Department

$ 3,000

City of Dublin

Operational funding for welcome center in City of

Dublin

$ 5,000

City of Dublin

Stabilize the historic Fred Roberts Hotel building which

house Laurens County Senior Center in City of Dublin $ 5,000

City of Dudley

Volunteer fire department equipment for the City of

Dudley

$ 5,000

City of Dudley

Funding for centennial celebration in the City of Dudley $ 2,500

City of East Point Contract for services with the East Point Police Athletic

League for at-risk youth programs in the City of East

Point

$ 25,000

City of East Dublin Four tennis courts at Warnock Park in City of East

Dublin

$ 10,000

City of East Point Contract for services with Women's Employment

Opportunity Project for computer literacy tennis courts

and walking trails program in the City of East Point $ 20,000

City of Eastman

Building project for Eastman Developmental Authority $ 25,000

City of Eatonton

Renovation of the historic Madison Avenue School in

the City of Eatonton

$ 15,000

MONDAY, MARCH 24, 2003

899

City of Emerson City of Euharlee` City of Fairburn City of Fitzgerald City of Flemington City of Flovilla City of Flovilla City of Flovilla City of Folkston City of Forest Park City of Fort Valley City of Fort Valley City of Fort Oglethorpe City of Fort Valley City of Franklin Springs City of Gainesville City of Glennville

Renovation of municipal building in the City of

Emerson

$ 28,000

Recreation and park improvements for the City of

Euharlee

$ 20,000

Purchase athletic equipment, uniforms and banquet

trophies for the City of Fairburn

$ 25,000

Construct a walking trail for senior citizens in the City

of Fitzgerald

$ 10,000

Construct sidewalks near Joseph Martin Elementary

School in City of Flemington

$ 30,000

Assist with cost of fence around City of Flovilla

cemetery

$ 10,000

Recreation park development for the City of Flovilla $ 5,000

Provide fire and rescue equipment for City of Flovilla

Fire Department

$ 10,000

Promote tourism and downtown revitalization in the

City of Folkston

$ 5,000

Prepare a vehicle free pathway between the recreation

center and the senior center in the City of Forest Park $ 25,000

Refurbish old school bus for the Boys and Girls Club in

City of Fort Valley

$ 12,000

Assist in the renovation of the old theater building in the

City of Fort Valley

$ 25,000

Provide funding for renovations to historic band stand in

the City of Fort Oglethorpe

$ 15,000

Community revitalization project for the City of Fort

Valley

$ 12,000

Professional service to codify City ordinances in the

City of Franklin Springs

$ 5,000

Improvements to athletic fields at Memorial Park Road

campus of Boys and Girls Club of Gainesville

$ 10,000

Purchase lights for softball field in City of Glennville $ 10,000

900

JOURNAL OF THE SENATE

City of Glennville City of Gordon City of Gough City of Greensboro City of Guyton City of Guyton City of Hahira City of Hampton City of Harlem City of Hartwell Recreation Department City of Hawkinsville City of Hawkinsville City of Helena City of Hinesville City of Hinesville City of Hinesville City of Hoboken

Upgrade equipment and park areas for the City of

Glennville Recreation Department

$ 3,000

Construction and landscape of a city park in the Town of

Gordon

$ 5,000

Contract with Gough Improvement Assn., Inc. for

renovation of community center in City of Gough

$ 10,000

Contract for services with Greensboro Downtown

Development in the City of Greensboro

$ 10,000

Fund restoration of recreation gym for the City of

Guyton

$ 5,000

City of Guyton gym renovation to heating and air

conditioning

$ 20,000

Purchase of books and research resources for the Hahira

Public Library in City of Hahira

$ 5,000

Construction of softball field in the City of Hampton $ 15,000

Purchase equipment for the Harlem Volunteer Fire

Department in the City of Harlem

$ 5,000

Complete the Hartwell Conference Center for the City

of Hartwell Recreation Department

$ 75,000

Maintenance and operation of the Opera House in City

of Hawkinsville

$ 10,000

Maintenance and operation of the M.E. Rhoden Library

in the City of Hawkinsville

$ 12,000

Provide handicapped access for railroad station in the

City of Helena

$ 10,000

Construct a new fire station in the City of Hinesville $ 9,000

Provide funding for the 11 Black Men of Liberty County

educational programs for the City of Hinesville

$ 10,000

Contract for services with Eleven Black Men of Liberty

County, Inc. in the City of Hinesville

$ 5,000

Recreation park improvements for the City of Hoboken $ 5,000

MONDAY, MARCH 24, 2003

901

City of Homeland City of Homerville City of Homerville City of Ideal City of Jackson City of Jakin City of Jesup City of Jonesboro City of Jonesboro City of Kennesaw City of Kennesaw City of Kennesaw
City of Keysville
City of Keysville City of Kingston City of Kite City of LaFayette City of LaFayette

Improvements to City of Homeland recreation

department walking track and ballfields

$ 5,000

Expansion of softball field in City of Homerville

$ 10,000

Restoration of the Homer Maddox home in the City of

Homerville

$ 30,000

Purchase new water well for the City of Ideal

$ 15,000

Purchase of fire and rescue equipment in the City of

Jackson

$ 10,000

Construct stage adjoining the gazebo in the Jakin Park in

the City of Jakin

$ 6,000

Improvements to McMillan Greenway Park in the City

of Jesup

$ 5,000

Provide for a family park and sidewalk construction in

the City of Jonesboro

$ 10,000

Provide for family park, walking track and restrooms in

City of Jonesboro

$ 15,000

Construction of pedestrian crossing under CSX Railroad

in the City of Kennesaw

$ 5,000

Funds for expansion of historic museum in the City of

Kennesaw

$ 35,000

Parking improvements and installation of underground

utilities at Cauble/Acworth Beach in the City of

Kennesaw

$ 10,000

Contract for services with Beyond The Ark Outreach

Ministries, Inc. for programs and services in City of

Keysville

$ 15,000

Improvements to City of Keysville City Hall

$ 15,000

Improvements to city park, recreation and museum in

the City of Kingston

$ 20,000

Improvements and equipment for recreation complex in

the City of Kite

$ 5,000

Piping and grading for drainage in the City of LaFayette $ 15,000

Historic Monument in the City of LaFayette

$ 15,000

902

JOURNAL OF THE SENATE

City of Lake City City of Lakeland City of Lakeland City of Lavonia City of Lavonia City of Leary City of Leesburg City of Lenox City of Lilburn
City of Lithonia City of Loganville City of Ludowici City of Lyons City of Macon City of Macon City of Macon
City of Macon City of Macon

Recreation enhancements in Lake City

$ 25,000

Training equipment for the City of Lakeland

$ 8,000

Creation of pedestrian bridge at Lake Erma in City of

Lakeland

$ 10,000

Purchase radio equipment for City of Lavonia Police

Department

$ 12,000

Lighting and fencing for the city park in City of Lavonia $ 20,000

Purchase of playground equipment for the City of Leary $ 5,000

Weather alert system for the City of Leesburg

$ 20,000

Remodel restrooms of the RESA facility in the City of

Lenox

$ 15,000

Preservation and improvement of the community's green

space and downtown revitalization program in the City

of Lilburn

$ 10,000

Restore or replace the recreational facilities at the

existing city park in City of Lithonia

$ 5,000

Main Street downtown sidewalk renovation project in

the City of Loganville

$ 5,000

Purchase a police car for the city of Ludowici

$ 10,000

Paving for additional parking spaces at the Lyons

Recreation Department in City of Lyons

$ 5,000

Funds for walking trails, picnic areas at the Freedom

Park Complex in the City of Macon

$ 25,000

Provide funds for sterilization program at the City of

Macon's Animal Shelter

$ 5,000

Contract for services with Middle Georgia Tennis

Academy for after school tennis and tutorial program in

the City of Macon

$ 20,000

Funding for the Bartlett Crossing Literacy and gang

prevention program in the City of Macon

$ 5,000

Provide funds for the Mosely Women's Center for

operations in the City of Macon

$ 50,000

MONDAY, MARCH 24, 2003

903

City of Macon

Funding for the Tubman African American Museum

expansion project in the City of Macon

$ 50,000

City of Macon

Provide funds for the Museum of Arts and Sciences in

the City of Macon

$ 50,000

City of Marietta

Support "Gone with the Wind" Movie Memorabilia

Museum in the City of Marietta

$ 10,000

City of Marietta

Purchase and install security cameras in Marietta Middle

Board of Education School

$ 20,000

City of McDonough Purchase Breathing Air Compressor for City of

McDonough Fire Department

$ 15,000

City of McRae

Purchase playground equipment for park in the City of

McRae

$ 15,000

City of Meansville Construction of building to house fire truck for the City

of Meansville

$ 10,000

City of Meigs

Construct a walking track in the City of Meigs

$ 10,800

City of Menlo

Improvements to sidewalks, streets, and park in City of

Menlo

$ 20,000

City of Metter

Implementation of 911 service in the City of

Metter/Candler County

$ 10,000

City of Midville

Contract for services with the Midville Community

Development and Outreach Center in the City of

Midville

$ 10,000

City of Milan

Renovations to City of Milan Community Center

$ 10,000

City of Milledgeville Funding for the Baldwin/Oconee River Greenway

Project in the City of Milledgeville

$ 10,000

City of Milledgeville Purchase Case 590 backhoe for the City of Milledgeville $ 30,000

City of Milledgeville Purchase generator for the City of Milledgeville

$ 30,000

City of Milledgeville Funding to automate meter reading system in the City of

Milledgeville

$ 8,000

City of Milledgeville Funds for programs at Boys and Girls Club in the City

of Milledgeville

$ 6,000

City of Milledgeville Purchase chemical protective suits for the City of

Milledgeville Fire Department

$ 11,000

904

JOURNAL OF THE SENATE

City of Mitchell
City of Montezuma City of Montezuma City of Monticello
City of Monticello
City of Montrose
City of Morgan
City of Mount Vernon City of Nahunta
City of Nashville
City of Newnan
City of Newnan
City of Newnan City of Norman Park
City of Norman Park
City of Ocilla
City of Odum City of Oxford
City of Palmetto

Funds to complete City of Mitchell Depot Restoration

Project

$ 20,000

Assist in reroofing Montezuma City Hall

$ 20,000

Replace roof of Montezuma City Hall

$ 40,000

Provide partial funding for playground equipment at

Funderburg Park in the City of Monticello

$ 8,000

Funding for the City of Monticello's Funderburg Park

Project

$ 8,000

Purchase equipment for the volunteer fire department in

the City of Montrose

$ 5,000

Provide funding for park restroom facilities in the City

of Morgan

$ 5,000

Central heating and air conditioning for the Northside

Community Center project in the City of Mount Vernon $ 5,000

Construction improvement and equipment at City Hall

in the City of Nahunta

$ 10,000

Completion of phase 2 universally accessible

playground in the City of Nashville

$ 20,000

Purchase of hazardous material equipment for City of

Newnan Fire Department

$ 5,000

City of Newnan Downtown Economic Development

Project

$ 20,000

Achievers International Programs in the City of Newnan $ 20,000

Purchase police department K-9 vehicle for the City of

Norman Park

$ 10,000

Replace tanker truck tank for the Norman Park

Volunteer Fire Department in the City of Norman Park $ 10,000

Repair poor acoustics in the Community House at the

City of Ocilla

$ 10,000

Purchase equipment for the City of Odum

$ 5,000

Enhancement of city park adjacent to City Hall in the

City of Oxford

$ 6,000

Provide recreation equipment for the City of Palmetto $ 10,000

MONDAY, MARCH 24, 2003

905

City of Patterson City of Patterson City of Pearson City of Pearson City of Pelham City of Pembroke City of Pembroke City of Pembroke City of Perry City of Perry City of Pine Lake City of Pine Lake City of Pine Lake City of Pinehurst City of Pineview City of Pitts City of Plains City of Plains

Funds to pay for clean up of hazardous spill in City of

Patterson

$ 10,000

Purchase office equipment for the City of Patterson $ 5,000

Safety and facility enhancement for sports/recreation in

City of Pearson

$ 12,000

Purchase street and road maintenance equipment for the

City of Pearson

$ 5,000

Purchase of van for first respondent fire fighters in City

of Pelham

$ 15,000

Provide funding for old jail restoration in the City of

Pembroke

$ 10,000

Old Jail Welcome Center restoration in the City of

Pembroke

$ 10,000

Restore the interior of the historic downtown theater in

the City of Pembroke

$ 10,000

Provide funds to Upton Perry Partnership for the Big

Indian Creek Development in the City of Perry

$ 50,000

Replacement and installation of ballfield lighting at

Rozar Park in the City of Perry

$ 50,000

Repairs to City Hall and paving of parking lot in the

City of Pine Lake

$ 20,000

Purchase maintenance equipment for the City of Pine

Lake

$ 15,000

Purchase equipment, software and provide training for

GCIC compliance in the City of Pine Lake

$ 15,000

Purchase a maintenance truck for the City of Pinehurst $ 15,000

Purchase water tank, pump house and a building for the

City of Pineview Fire Department

$ 10,000

Repair of gymnasium floor in recreation complex in the

City of Pitts

$ 10,000

Repairs to City of Plains wastewater treatment plan $ 30,000

Refurbishment of railcar for the City of Plains

$ 15,000

906

JOURNAL OF THE SENATE

City of Portal City of Poulan City of Quitman City of Quitman City of Reidsville City of Reidsville City of Richland City of Richland City of Riverdale City of Rochelle City of Rochelle City of Rockmart City of Rockmart City of Rockmart City of Rome City of Rome City of Rome City of Rome

Purchase and renovate community center for City of

Portal

$ 10,000

Purchase fire and safety equipment for the City of

Poulan

$ 5,000

New gym floor for the City of Quitman Recreation

Department

$ 15,000

Athletic equipment for the City of Quitman Recreation

Department

$ 10,000

Purchase fire truck for City of Reidsville

$ 10,000

Plan and upgrade airport facilities in City of Reidsville $ 25,000

Provide funding for the downtown Street Scape Project

for the City of Richland

$ 20,000

Renovations of downtown City of Richland for the

Street Scape Project

$ 10,000

Funds to purchase playground equipment in the City of

Riverdale

$ 10,000

Removal of abandoned hazardous tank located in the

center of the City of Rochelle

$ 10,000

Purchase van for senior citizen center in the City of

Rochelle

$ 20,000

Purchase equipment for the City of Rockmart Civic

Auditorium

$ 5,000

Improvements to the little league field and equipment in

the City of Rockmart

$ 25,000

Purchase equipment for the City of Rockmart Fire

Department

$ 10,000

Funding for sewer installation in the City of Rome

$ 15,000

Repairs to Rome Little Theater in the City of Rome $ 15,000

Purchase a handicap van for the Network Day Service

Center in the City of Rome

$ 20,000

Restoration funds for the Historic Clock and Tower in

the City of Rome

$ 20,000

MONDAY, MARCH 24, 2003

907

City of Rome City of Rome City of Rossville City of Sale City City of Sandersville City of Sardis City of Savannah
City of Savannah
City of Savannah City of Savannah
City of Savannah
City of Savannah
City of Savannah City of Savannah City of Savannah

Contract for services with National Creative Society for

children's service programs in City of Rome

$ 20,000

Funds for after-school mentoring program for 100 Black

Men of Rome

$ 10,000

Downtown development in the City of Rossville

$ 15,000

Purchase required computer software for the uniform

chart of accounts for Sale City

$ 6,750

Funding for improvements to the City of Sandersville

Recreation Department

$ 10,000

Purchase surveillance cameras for the City of Sardis

Police Department

$ 5,000

Purchase supplies, tools and books for renovation

projects at St. Paul Technical Center in the City of

Savannah

$ 10,000

Recreational/neighborhood improvements for the East

Savannah Community Association in the City of

Savannah

$ 5,000

Recreational/neighborhood improvements for Midtown

Neighborhood Association in the City of Savannah

$ 10,000

Recreational/neighborhood improvements for

Nottingham Park Community Association in the City of

Savannah

$ 10,000

Contract for services with Alpha Kappa Alpha Sorority

in the City of Savannah for after-school and pregnancy

prevention programs

$ 7,000

Contracts for services with Greenbriar Children's

Center, Inc. in the City of Savannah for capital

improvements on campus

$ 10,000

Provide funds for the Community Change for Youth

Development (CCYD) program in the City of Savannah $ 54,480

Renovation and construction of residential cottages at

Greenbriar Children's Center in the City of Savannah $ 40,000

Renovations to the drivers' license facility in the City of

Savannah

$ 270,000

908

JOURNAL OF THE SENATE

City of Savannah City of Screven City of Shellman City of Smyrna City of Social Circle
City of Soperton
City of Soperton
City of Stillmore City of Stockbridge City of Stone Mountain City of Stone Mountain City of Stone Mountain City of Summerville
City of Swainsboro City of Swainsboro City of Swainsboro
City of Swainsboro
City of Swainsboro
City of Sycamore
City of Sylvania
City of Sylvania

Savannah Association for the Blind

$ 20,000

Equipment purchase for the City of Screven

$ 5,000

Renovation to the health clinic in the City of Shellman $ 10,000

Complete Veterans' Memorial in the City of Smyrna $ 35,000

Refurbish concession stand building and pavilion at

Stephens Park in the City of Social Circle

$ 5,000

Provide funding for construction of commuter parking

lot in the City of Soperton

$ 15,000

Renovation of recreation park facilities in the City

of Soperton

$ 15,000

Beautification project in the City of Stillmore

$ 2,500

Park improvements in the City of Stockbridge

$ 40,000

ART Station program in the City of Stone Mountain

$ 25,000

Purchase equipment and software for the City of Stone

Mountain

$ 25,000

Contract for services with ART Station, Inc. in the City

of Stone Mountain for facility renovation

$ 10,000

Purchase of AED for the City of Summerville Fire

Department

$ 3,500

Downtown development for the City of Swainsboro $ 20,000

Renovations to City of Swainsboro City Hall

$ 10,000

Repairs, renovations and equipment for Emanuel

County Arts Center in the City of Swainsboro

$ 5,000

Improvements to recreation complex in City of

Swainsboro

$ 15,000

Repairs, renovations and supplies for animal shelter in

City of Swainsboro

$ 5,000

Improve lots and deteriorating buildings in the City of

Sycamore

$ 10,000

Renovation of community center for the City of

Sylvania

$ 10,000

Repair to community center in the City of Sylvania

$ 35,000

MONDAY, MARCH 24, 2003

909

City of Sylvester

Renovation and improvements to Jeffords Park in the

City of Sylvester

$ 10,000

City of Talbotton Smith Hill Community Improvement Project and

realignment of Smith Hill Road/Highway 80

intersection in the City of Talbotton

$ 10,000

City of Talbotton Landscaping and park equipment for Kiddie Park in the

City of Talbotton

$ 5,000

City of Tallapoosa Recreation funds for the City of Tallapoosa

$ 20,000

City of Tallapoosa Purchase equipment for Haralson County Historical

Museum in the City of Tallapoosa

$ 5,000

City of Tallapoosa Funds to construct a flag pole at the Scout House in the

City of Tallapoosa

$ 2,000

City of Tallulah Falls Repair and correct water lines in the City of Tallulah

Falls

$ 10,000

City of Temple

Recreation department projects for the City of Temple $ 10,000

City of Tennille

Funding for improvements to recreation facilities in the

City of Tennille

$ 10,000

City of Tennille

Equipment purchase for the City of Tennille

$ 5,000

City of Thunderbolt Purchase First Response Vehicle for the Medical

Emergency Program for the City of Thunderbolt Fire

Department

$ 20,000

City of Thunderbolt Contract for services with the Thunderbolt Museum

Society in the City of Thunderbolt

$ 10,000

City of Tifton

Construction of water line in the City of Tifton

$ 15,000

City of Tifton

Repairs, improvements and equipment for historic

downtown Tift Theater in City of Tifton

$ 5,000

City of Tifton

Utility project for the City of Tifton

$ 36,000

City of Twin City Purchase of equipment for fire department in the City of

Twin City

$ 10,000

City of Ty Ty

Improvements to central city park area in the City of

TyTy

$ 5,000

City of Tybee Island Tybee Island Recreation Feasibility Study

$ 25,000

910

JOURNAL OF THE SENATE

City of Unadilla

Renovation of old city buildings on Front Street in

downtown City of Unadilla

$ 15,000

City of Valdosta

Maintenance and repairs for Valdosta/Lowndes County

Arts Commission

$ 5,000

City of Valdosta

Repairs to Lowndes County Historical Society

$ 3,000

City of Valdosta

Purchase furniture, equipment and supplies for

Southside Library in Valdosta

$ 5,000

City of Valdosta

Contract for services with the Valdosta Food Bank

$ 10,000

City of Valdosta

Contract with Valdosta Boys and Girls Club for after

school programs in the City of Valdosta

$ 5,000

City of Valdosta

Community Based Children's Advocacy Center in the

City of Valdosta

$ 10,000

City of Valdosta

Contract with LAMP, Inc. to provide transitional

housing program for women and children in the City of

Valdosta

$ 5,000

City of Valdosta

Renovation to City of Valdosta's Oldest House, the

Robert House

$ 15,000

City of Valdosta

Purchase books and equipment for the South Georgia

Regional Library in the City of Valdosta

$ 20,000

City of Vidalia

Improvements to walking trail at the Ed Smith Complex

in Vidalia County

$ 5,000

City of Villa Rica Recreation department projects for the City of Villa Rica $ 10,000

City of Wadley

Equipment purchase for the City of Wadley Volunteer

Fire Department

$ 5,000

City of Wadley

Purchase truck and equipment for the City of Wadley $ 10,000

City of Wadley

Purchase a trash truck for the City of Wadley

$ 4,000

City of Walthourville Purchase supplies for the Walthourville Summer

Enrichment Program in the City of Walthourville

$ 7,300

City of Warner Robins Operation of the Air Force Museum in the City of

Warner Robins

$ 90,000

City of Warwick

Purchase radio and law enforcement equipment for

police vehicles for the City of Warwick

$ 5,000

MONDAY, MARCH 24, 2003

911

City of Washington Contract for services with Washington/Wilkes Family

Connection for Jump Start Early Intervention Program

in the City of Washington

$ 10,000

City of Watkinsville Landscape the Hershel B. Harris Garden and Harris

Shoals Park in the City of Watkinsville

$ 5,000

City of Waycross Renovations and restoration to the Ritz Theater in the

City of Waycross

$ 10,000

City of Waycross Purchase computers for the Drug Action Council's Weed

and Seed Program in City of Waycross

$ 2,500

City of Waynesboro Replace and purchase new playground equipment,

computer and educational materials for the Childcare

Center in City of Waynesboro

$ 5,000

City of Willacoochee Purchase playground equipment for the city Kiddie Park

in the City of Willacoochee

$ 10,000

City of Woodland Safety improvements to City Park in the City of

Woodland

$ 10,000

City of Wrightsville Improvements to West View Cemetery in the City of

Wrightsville

$ 10,000

City of Wrightsville Purchase equipment for fire department in the City of

Wrightsville

$ 15,000

City of Cave Springs Funding for street and sewer construction in the City of

Cave Springs

$ 15,000

City of White

Purchase volunteer fire department supplies for the City

of White

$ 9,000

Clark County

Northeast Georgia Regional Center for Independent

Living in Clark County

$ 107,540

Clay County

Planning, mapping, addressing, and implementing of

enhanced 911 system in Clay County

$ 15,000

Clayton County

Athletic equipment, fine arts program and band

Board of Education programs for North Clayton High in Clayton County $ 5,000

Clayton County

Athletic equipment, fine arts program and band

Board of Education programs for Church St Elementary in Clayton County $ 5,000

912

JOURNAL OF THE SENATE

Clayton County Board of Education Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Clayton County Clayton County Board of Education

Athletic equipment, fine arts program and band

programs for Oliver Elementary in Clayton County

$ 5,000

Athletic equipment, fine arts program and band

programs for Northcutt Elementary School in Clayton

County

$ 5,000

Athletic equipment, fine arts program and band

programs for North Clayton Middle School in Clayton

County

$ 5,000

Athletic equipment, fine arts program and band

programs for West Clayton Elementary School in

Clayton County

$ 5,000

Support school operation resources for Robert Smith

Elementary PTA for Clayton County

$ 1,000

Support school operation resources for McGarrah

Elementary PTA in Clayton County

$ 1,000

Support resources for the school operation for M.D.

Roberts PTA in Clayton County

$ 4,000

Support school operations resources for Jonesboro High

School PTA in Clayton County

$ 1,000

Support school operation resources for Arnold

Elementary PTA in Clayton County

$ 1,000

Support school operation resources at Mt. Zion High

School PTA in Clayton County

$ 1,000

Support school operation resources for Morrow Middle

School PTA in Clayton County

$ 1,000

Support school operation resources for Adamson Middle

School PTA in Clayton County

$ 1,000

Support school operation resources for the Jonesboro

Middle School PTA in Clayton County

$ 1,000

Enhancements for Jesters Creek Trail in Clayton County $ 25,000

Park enhancements in East Clayton County

$ 25,000

Support operation resources for Morrow High School in

Clayton County

$ 1,000

MONDAY, MARCH 24, 2003

913

Clayton County

Technology improvements for Carrie D. Kendrick

Board of Education Middle School in Clayton County

$ 5,000

Clayton County

Purchase books and technology for Pointe South

Board of Education Elementary in Clayton County

$ 5,000

Clayton County

Purchase 15 passenger van for Rainbow House

Emergency Shelter in Clayton County

$ 10,000

Clayton County

Purchase training tools, safety and office equipment for

the Forest Park Athletic Assn. in Clayton County

$ 10,000

Clayton County

Operating funds and HUD match for Calvary Refuge in

Clayton County

$ 30,000

Clayton County

Purchase software and peripherals for the Riverdale

Board of Education Elementary School in Clayton County

$ 5,000

Clayton County

Replace playground equipment at Brown Elementary

Board of Education School in Clayton County

$ 10,000

Clayton County

Weight room modifications and weight room equipment

Board of Education at Lovejoy High School in Clayton County

$ 10,000

Clayton County

Support school operation resources for Mt. Zion

Board of Education Elementary PTA in Clayton County

$ 1,000

Clayton County

Provide a food pantry and help center through the

Clayton County Commission

$ 10,000

Clayton County

Provide for computer and research equipment for

Evening High School in Clayton County

$ 10,000

Clayton County Board Repairs and Renovations of the Clayton County

of Commissioners Alzheimer Center

$ 25,000

Clayton County

Funds for a study on the use of the Atlanta Farmer's

Commission

Market and how it should be developed in future years

in Clayton County

$ 25,000

Clayton County Board Repairs and renovation of athletic fields at Forest Park

of Education

High School in Clayton County

$ 20,000

Clayton County Board Funds to continue program goals for the Youth

of Commissioners Empowerment Project in Clayton County

$ 25,000

Clayton County

Funds for computer and research equipment for Morrow

High School in Clayton County

$ 10,000

914

JOURNAL OF THE SENATE

Clayton County

Purchase computer and research equipment for North

Clayton High School in Clayton County

$ 10,000

Clayton County

Funds for computer and research equipment for Mt.

Zion High School in Clayton County

$ 10,000

Clayton County

Provide for an after-school intervention program in

Clayton County

$ 10,000

Clayton County

Funds for computer equipment for Jonesboro High

School in Clayton County

$ 10,000

Clayton County

Funds for computer and research equipment for Lovejoy

High School in Clayton County

$ 10,000

Clayton County

Provide for computer and research equipment for

Riverdale High School in Clayton County

$ 10,000

Clayton County

Funds for computer and research equipment for Forest

Park High School in Clayton County

$ 10,000

Clayton County Board Purchase band uniforms for Mundy's Mill High School

of Education

for Clayton County Board of Education

$ 20,000

Clayton County Voter Purchase computer software for Clayton County Voter

Registration

Registration Office

$ 18,700

Clinch County

Purchase computer and research resources for Huxford

Genealogical Library in Clinch County

$ 15,000

Cobb County

Install handicap ramps and handicap restroom upgrades

for South Cobb Community Center in Cobb County $ 16,500

Chatham County

Provide funds to the Community Cardiovascular

Council for the Stroke and Heart Attack Prevention

Program

$ 15,000

Cobb County

Purchase of medical supplies for Smyrna Community

Health Center in Cobb County

$ 12,000

Cobb County

Funding for materials at Nickajack Elementary School

in Cobb County

$ 1,000

Cobb County

Funding for student uniforms at Pebblebrook High

School in Cobb County

$ 6,000

Cobb County

Funding for materials at Lindley Middle School in Cobb

County

$ 2,000

MONDAY, MARCH 24, 2003

915

Cobb County

Construct a storage facility, batting cage and dugouts at

Harrison High School in Cobb County

$ 14,500

Cobb County

Construct facility for fast pitch program at Walton High

School in the City of Marietta

$ 50,000

Cobb County Board of Construct bleachers on softball field and on visitor's side

Education

of baseball field at Osborne High School in Cobb

County

$ 15,000

Cobb County Board of Fund position for bi-lingual family services coordinator

Education

at Birney Elementary School in Cobb County

$ 5,000

Cobb County Board of Computers and books needed for technology media

Education

center at Campbell High School in Cobb County

$ 5,000

Cobb County Board of Purchase two copiers and to complete a playground for

Education

the Brown Elementary School in Cobb County

$ 5,000

Cobb County Board of Purchase computers, physical ed equipment and provide

Education

summer programs at Griffin Middle School in Cobb

County

$ 5,000

Cobb County Board of Laptop computers and books for the media center at

Education

Norton Park Elementary in Cobb County

$ 5,000

Cobb County Board of Purchase books and materials for bookmobile for

Education

Belmont Elementary School in Cobb County

$ 5,000

Cobb County Board of Purchase computers and printers at Nickajack

Education

Elementary in Cobb County

$ 5,000

Cobb County Board of Provide for computer software and training in Cobb

Education

County for Cobb County Board of Education

$ 6,488

Cobb County Board ESOL materials and tech support staff member for

of Education

Floyd Middle School in Cobb County

$ 5,000

Cobb County Board of Purchase and installation of 15 desktop computers for

Education

Campbell Middle School in Cobb County

$ 10,000

Cobb County Board of Purchase of lockers for the football field house at Kell

Education

High School in Cobb County

$ 10,000

Cobb County Board of Purchase and install security system at Campbell High

Education

School for Cobb County Board of Education

$ 20,000

916

JOURNAL OF THE SENATE

Coffee County

Assist in equipment for Wilsonville Volunteer Fire

Commissioners

District station in Coffee County

$ 10,000

Coffee County

Highway 441 Economic Development Council,

Incorporated

$ 60,000

Coffee County

Construct volunteer fire station for the Wilsonville

Commissioners

community in Coffee County

$ 10,000

Coffee County

Purchase playground equipment for Nicholls

Elementary School in Coffee County

$ 15,000

Coffee County Board Purchase of mats and weights for Coffee Middle School

of Education

in Coffee Board Of Education

$ 10,000

Colquitt County

Improvements in the Culbertson Community Volunteer

Fire Department in Colquitt County

$ 10,000

Columbia Board of Athletic Improvements for Evans High School in

Education

Columbia County

$ 10,000

Columbia Board of Technology improvements for Blue Ridge Elementary

Education

in Columbia County

$ 5,000

Columbia County Field improvements for Martinez Evans Little League in

Columbia County

$ 10,000

Columbia County Outdoor classroom for the Westmont Elementary in

Board of Education Columbia County

$ 5,000

Columbia County Athletic Improvements for the Greenbriar High School

Board of Education in Columbia County

$ 10,000

Columbia County Athletic improvements for Lakeside High School in

Board of Education Columbia County

$ 10,000

Columbia County Sheriff's Office Summer Camp program in Columbia

County

$ 15,000

Columbia County Refurbish the historical Crawford Cemetery in

Columbia County

$ 15,000

Columbus

Funding for the Positive Parenting/Play and Learn

Consolidated

Together Program/ Teenage Parenting Program in

Government

Columbus/Muscogee County

$ 10,000

Columbus Consolidated Government Columbus Consolidated Government Columbus Consolidated Government Columbus Consolidated Government Columbus Consolidated Government Columbus Consolidated Government Columbus Consolidated Government Columbus Consolidated Government Columbus Consolidated Government Columbus Consolidated Government Columbus Consolidated Government

MONDAY, MARCH 24, 2003

917

Contract for services with Urban League of Greater

Columbus for Youth Challenge Project

$ 20,000

Contract for services with Columbus Community

Central for outreach program in Columbus

$ 25,000

Contract for services with Port Columbus Civil War

Navel in Columbus/Muscogee County

$ 100,000

Contract for services with the Boys and Girls Clubs of

Columbus for Columbus/Muscogee County

$ 120,000

Contract for services with Metropolitan Columbus Task

Force for Columbus/Muscogee County

$ 20,000

Contract for services with Combined Communities of

S.E. Columbus for tutorial program for at-risk youth

$ 20,000

Contract for services with Community Health Center of

South Columbus, Inc.

$ 20,000

Contract for services with Men of Action, Inc. for

programs at Farley Homes in Columbus

$ 15,000

Athletic field renovations at North Gwinnett High

School in Gwinnett County

$ 20,000

Contract with Two Thousand Opportunities Inc. to

provide jobs for at-risk youth and startup businesses in

Columbus

$ 65,000

Contract with 100 Black Men of Columbus for youth

mentoring program in the City of Columbus

$ 15,000

918

JOURNAL OF THE SENATE

Columbus Consolidated Government Columbus Consolidated Government Columbus Consolidated Government Columbus Consolidated Government County of Emanuel Coweta County Board of Education Crawford County
Crawford County
Crawford County
Crawford County
Crawford County Commission Crisp County
Crisp County Commission Dade County
Decatur County

Contract for services with Project Rebound for

community based intervention program for students at-

risk in Columbus

$ 5,000

Recreation grant to assist with recruitment of youth and

student activities for recreation department and South

Commons/FCC, Inc. in Columbus

$ 50,000

Provide Welcome Center in Columbus/Muscogee

County

$ 10,000

Contract with Kay Community Service Center for a

sheltered workshop in Fort Valley

$ 48,000

Upgrade rural fire departments in Emanuel County

$ 10,000

Enhance Coweta County's Adult Literacy Program

$ 10,000

Contract with Boys and Girls Club of Peach County for

building improvements in Crawford County

$ 5,000

Purchase equipment for volunteer fire department for

Crawford County

$ 6,500

Purchase furniture for new Crawford County

Courthouse

$ 15,000

Purchase of ambulance and renovations to EMS

headquarters in Crawford County

$ 35,000

Aid in construction costs for the completion of the

Crawford County Courthouse

$ 25,000

Assist in constructing a monument at the Friends of

Georgia Veterans' Memorial State Park

$ 50,000

Renovation of a county building to be used to start

classes at Darton College in City of Cordele

$ 10,000

Construction of Veterans' Memorial Park in Dade

County

$ 20,000

Renovation of building for crime scene processing

laboratory in Decatur County

$ 10,000

Decatur County Decatur County Decatur County Decatur County Decatur County Dekalb County Dekalb County
Dekalb County Dekalb County Dekalb County
Dekalb County Dekalb County Dekalb County Dekalb County DeKalb County DeKalb County
DeKalb County

MONDAY, MARCH 24, 2003

919

Renovation of building for crime scene processing

laboratory in Decatur County

$ 6,000

Purchase fire fighting equipment for Decatur County $ 10,000

Purchase pick up truck for the Decatur County Sheriff's

Department Deputy Auxiliary Force

$ 10,000

Construct an additional building for the Fowlstown Fire

Department in Decatur County

$ 1,000

Crime Scene Processing building in Decatur County $ 16,000

To provide funds for services to the SHARE Inc.

$ 15,000

Contract for services with Oakhurst Medical Center for

a Stroke, Diabetes Education/prevention program in

DeKalb County

$ 15,000

Lighting for Shoal Creek Park on McAfee Drive in

DeKalb County

$ 10,000

To provide funds for the South Dekalb Youth Choir $ 15,000

Neighborhood Clean/Beautiful Programs for White Oak

Hills and Midway Woods Neighborhood Association in

DeKalb County

$ 2,000

Fund Delta Life Development Center Programs in

Dekalb County

$ 35,000

Funding for Life Skills for Tomorrow Program in

Dekalb County

$ 50,000

Provide funding for Leadership Academy in Dekalb

County

$ 80,000

Funding for playground for Brookrun Park in Dekalb

County

$ 50,000

Renovation and outdoor lighting for Briarwood

Recreation Center in DeKalb County

$ 10,000

Fill in dangerous ditches and sidewalk construction on

LaVista Road in unincorporated DeKalb County from

Atlanta City line to Citadel Road

$ 20,000

Re-engineer dangerous intersection Briarcliff Road,

Johnson Road and Zonolite Road in DeKalb County $ 10,000

920

JOURNAL OF THE SENATE

DeKalb County DeKalb County DeKalb County DeKalb County
DeKalb County DeKalb County
DeKalb County Board of Education DeKalb County
DeKalb County Board of Education DeKalb County DeKalb County DeKalb County DeKalb County Board of Education
DeKalb County

Contract for services with the Push Push Theater of

DeKalb County

$ 10,000

Contract for services with IAM, Inc. for after-school

tutoring/mentoring program in DeKalb County

$ 5,000

Improvements to Rock Chapel Park in DeKalb County $ 8,500

Purchase of art supplies for youth programs for

Conyers/Rockdale Council for the Arts in Rockdale

County

$ 7,000

Restore and protect Burnt Fork Creek and its watershed

in DeKalb County

$ 5,000

Contract for services with Bethel Enterprises, Inc to

provide after school tutoring/mentoring program in

DeKalb/Rockdale County

$ 4,500

Purchase band instruments for students at Stoneview

Elementary School in DeKalb County

$ 5,000

Program assistance for Browns Mill Park/DeKalb

Yellow Jacket Football/Cheerleading Programs in

DeKalb County

$ 10,000

Contract with Robert Shaw Theme School for summer

program in DeKalb County

$ 5,000

Contract for services with the Frazer Center in DeKalb

County

$ 30,000

Building and grounds improvements for Murphey

Candler

$ 5,000

Field renovation for girls softball field at Murphey

Candler Park in DeKalb County

$ 5,000

Purchase library books for Hambrick, Idlewood, Stone

Mill, Shadow Rock, Pine Ridge, Redan, Wynnebrooke,

Stephenson Middle, Stephenson High School, Stone

Mountain High School, and Smoke Rise in DeKalb

County

$ 11,000

Contract for service with South DeKalb Improvement

Initiative for senior adult services in DeKalb County $ 20,000

MONDAY, MARCH 24, 2003

921

DeKalb County Board of Education
DeKalb County
DeKalb County
DeKalb County Board of Education DeKalb County Board of Education DeKalb County Board of Education
DeKalb County Board of Education
DeKalb County Board of Education
DeKalb County Board of Education DeKalb County Board of Education
DeKalb County

Library books for Kelly Lake Elementary, Meadowview

Elementary, Tilson Elementary, Gresham Park, Cedar

Grove Elementary, Cedar Grove Middle, Flat Shoals

Elementary, Sky Haven Grove Elementary, Cedar Grove

Middle, Flat Shoals Elementary, Sky Haven Elementary,

Leslie J. Steel Elementary, McNair Middle, McNair

High, and Cedar Grove High in DeKalb County

$ 15,000

Contract with Georgia Community Support and

Solutions for services to emotionally disturbed children

in DeKalb County

$ 44,000

Provide for comprehensive youth service program in

Scottdale Community in DeKalb County

$ 15,000

Assist PTA honors programs at Snapfinger, Woodridge

and Rainbow Elementary Schools in DeKalb County $ 2,000

Assist PTA with honors programs at Rowland, Atherton

and Canby Lane Elementary Schools in DeKalb County $ 1,500

Assist PTA with honors programs at Glen Haven,

M.L.King Jr. High School and Salem Middle School in

DeKalb County

$ 1,500

Assist PTA repair and purchase band uniforms and

instruments at Southwest DeKalb High in DeKalb

County

$ 6,000

Assist PTA to repair and purchase band uniforms and

instruments for Columbia High School in DeKalb

County

$ 6,000

Assist PTA to repair and purchase band uniforms and

instruments for Towers High School in DeKalb County $ 6,000

Assist PTA organizations with honors programs at

Browns Mill, Bob Mathis and Miller Grove Elementary

Schools in DeKalb County

$ 1,500

Contract for services with Black Women's Coalition of

Atlanta for tutorial, education and after-school care

programs in DeKalb County

$ 20,000

922

JOURNAL OF THE SENATE

DeKalb County Board of Education DeKalb County DeKalb County DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County DeKalb County DeKalb County DeKalb County DeKalb County DeKalb County DeKalb County

Assist PTA organizations with honors programs at Mary

McLeod Bethune Middle School and Chapel Hill

Middle School in DeKalb County

$ 1,000

Beautification grants for district homeowners in

DeKalb County

$ 30,000

Contract for services with Wonderland Gardens in

DeKalb County

$ 20,000

Beautification projects at Worthington, Autumn Hills,

Emerald Estates, and Springwood communities in

DeKalb County

$ 4,000

Beautification projects at Pendley Hills, Sherrington,

Spring Valley, and The Crossing communities in

DeKalb County

$ 5,000

Beautification projects at Easterwood, Columbia Valley,

Columbia Crossing, and Glenwood communities in

DeKalb County

$ 6,000

Beautification projects at Glen Mar, Leisure Valley,

Hidden Hills, and Rainbow Creek communities in

DeKalb County

$ 4,000

Beautification projects at Leslie Estates, Sherwood

Oaks, Hunters Hill, and Wyndam Park communities in

DeKalb County

$ 4,000

Arts Station Summer Program in DeKalb County

$ 15,000

Provide a customer service institute for Victory

Outreach Empowerment Program in Dekalb County $ 20,000

Improve Civic Club building in Dekalb County

$ 15,000

Purchase landscaping supplies and gate for Dekalb

County Civic Association

$ 7,200

Provide funding for Dekalb County Computer Literacy

Program

$ 10,000

Funding for KHADIJALAND operating expenses in

Dekalb County

$ 20,000

Purchase athletic equipment for the disabled youth of

Dekalb County

$ 10,000

MONDAY, MARCH 24, 2003

923

DeKalb County

Construction of playground at BrookRun in DeKalb

County

$ 15,000

DeKalb County

Beautification projects for Hidden Hills, Meadows,

Southland, Mountain, Deer Creek, Fontaine, Fontaine

East, and PTA enhancements for Redan, Miller Grove

and Stevenson High School in DeKalb County

$ 10,000

DeKalb County

Coalition of Concerned Africans, Inc. in DeKalb County $ 5,000

Dodge County

Equipment money for the Plainfield fire department in

Dodge County

$ 3,000

Dodge County

Dodge County Courthouse renovation

$ 5,000

Dodge County Board Bus driver break room improvement for Dodge County

of Education

Board of Education

$ 3,000

Dooly County

Dooly County Recreation Department for maintenance

and operation

$ 10,000

Dooly County

Replace fire truck for City of Byromville in Dooly

County

$ 30,000

Dougherty County Contract for services with Dougherty County

Community Coalition for senior day care in Dougherty

County

$ 10,000

Dougherty County Contract for services with South Albany Family

Commissioners

Enrichment Center to encourage business growth and

development in Dougherty County

$ 5,000

Dougherty County Shelter and feed the homeless at Zion's Outreach

Commissioner

Program in Dougherty County

$ 5,000

Douglas County

Establish an emergency operations center for new

Douglas County EMA

$ 7,000

Douglas County

Thermal Imaging Camera for the Douglas County Fire

Department

$ 10,000

Douglas County

Summer remediation program for Douglas County

Board of Education middle school students

$ 10,000

Douglas County

Purchase food and other supplies for Douglas County

Food Bank

$ 20,000

924

JOURNAL OF THE SENATE

Douglas County Board Purchase equipment for the Douglas County

of Commissioners Government Access Channel

$ 20,000

Douglas County

Improve playground equipment for Eastside Elementary

School System

in Douglas County

$ 10,000

Dublin City Board of Renovation of bathroom facilities at Shamrock Bowl in

Education

the City of Dublin

$ 5,000

Dublin City Board of Purchase band uniforms for Dublin High School for the

Education

Dublin City Board of Education

$ 10,000

Dublin City Board of Purchase band uniforms for Dublin High School in City

Education

of Dublin

$ 10,000

Dublin/Laurens

Lighting for fields for Dublin Laurens County

County Recreation Recreation Authority

Authority

$ 5,000

City of Eastman

Funds for the Boys and Girls Club for the City of

Eastman

$ 12,000

Early County

Fund expenses associated with seeking a power

Commission

generating plant for the Economic Development

Authority in Early County

$ 25,000

Eastman/Dodge

Construction project for Eastman/Dodge Development

Development

Authority

Authority

$ 25,000

Eatonton City Council Funding to further enhance the Alice Walker Street

Project in the City of Eatonton

$ 10,000

Echols County

Purchase eleven air pacs for the Echols County

Volunteer Fire Department

$ 15,000

Effingham County Playground equipment for Clyo Community Park in

Effingham County

$ 15,000

Effingham County Furniture for new Ebenezer Middle School in Effingham

Board of Education County

$ 10,000

Effingham County Sand Hill Elementary School playground equipment for

Board of Education disabled in Effingham County

$ 10,000

Effingham County Funding for Veterans' Park in Effingham County

$ 20,000

Effingham County Construction of Veterans' Park in Effingham County $ 10,000

MONDAY, MARCH 24, 2003

925

Emanuel County

Equipment and supplies for Franklin Memorial Library

in Emanuel County

$ 10,000

Emanuel County

Improvements to the Emanuel County Courthouse

$ 20,000

Evans County

Enhancements to Industrial Park in Evans County

$ 10,000

Evans County

Provide for industrial park landscaping for Claxton in

Commission

Evans County

$ 10,000

Evans County Board Funds to rehabilitate school building for Evans County

of Education

Board of Education

$ 10,000

Fannin County

Provide crew from Union C.I. to maintain park and

clean bank area in Fannin County

$ 25,000

Fannin County

Park amenities to include restrooms and roads to

ballpark in Fannin County

$ 30,000

Fannin County Board Purchase educational supplies for West Fannin

of Education

Elementary in Fannin County

$ 10,000

Fannin County Board Purchase gravel to extend parking for Fannin County

of Education

Head Start program

$ 5,000

Fayette County

Funds supporting the Foundation de Manana program in

Fayette County

$ 10,000

Floyd County

Construction of access road to the new Pirelli Plant in

the Floyd County

$ 25,000

Floyd County

Provide driveway accessibility for ASL Archer Co Plant

in Floyd County

$ 20,000

Floyd County

Provide funds for education program at Chieftains

Museum in Floyd County

$ 15,000

Floyd County

Provide language programs to the Latin/Hispanic

population at Floyd College in Floyd County

$ 25,000

Floyd County

Fund expenses and equipment at Camp Good Times in

Floyd County

$ 15,000

Floyd County

Fund video production project at Coosa High School in

Floyd County

$ 10,000

Floyd County Board Construct a multi-purpose "Classroom in the Wild"

of Education

building at Coosa Middle School in Floyd County

$ 12,500

926

JOURNAL OF THE SENATE

Floyd County Board Outdoor activities project at the Pepperell Middle

of Education

Schools in Floyd County

$ 25,000

Floyd County Board Construct memorial athletic field for 4th and 5th graders

of Education

at Pepperell Elementary in Floyd County

$ 10,000

Forsyth County

Renovation of the Forsyth County Chamber of

Commerce

$ 25,000

Forsyth County

Funding for school programs in Forsyth County

$ 25,000

Franklin County

Franklin County Recreation Park

$ 15,000

Franklin County

Paving for Franklin County High School Agriculture

Board of Education Center

$ 10,000

Franklin County

Building and equipment for Red Hill, Bold Springs,

Double Churches, Five Acre, Lyons and Sandy Cross

Fire Departments in the Franklin County

$ 20,000

Franklin County

Building and equipment for Red Hill, Bold Springs,

Double Churches, Five Acre, Lyons, and Sandy Cross

Fire Department in Franklin County

$ 10,000

Fulton County

Construction of an outdoor environmental classroom at

Abbots Hill Elementary School in Fulton County

$ 15,000

Fulton County

Purchase of computers and software for the Harriett G.

Darnell Multi-purpose facility in Fulton County

$ 25,000

Fulton County

Contract for services with Quality Living Services, Inc.

in Fulton County

$ 45,000

Fulton County

Funds for "Listen Up", a drug prevention and education

program in Fulton County

$ 25,000

Fulton County

Funding for ceiling repair of the Kappa Omega

Foundation facility in the City of Atlanta

$ 60,000

Fulton County

Provide computer and research equipment for Creekside

High School in Fulton County

$ 10,000

Fulton County

Provide funding for the KidsGym USA program in

Fulton County

$ 25,000

Fulton County Board Development of an outdoor classroom for Roswell

of Education

North Elementary School in Fulton County

$ 10,000

MONDAY, MARCH 24, 2003

927

Fulton County Board Outdoor classroom at the Taylor Road Middle School in

of Education

Fulton County

$ 15,000

Fulton County Board Contract with Connection, Inc. for victory over violence

of Education

activities in south Fulton County schools

$ 10,000

Fulton County Board Create science lab at Finidley Oaks Elementary School

of Education

in Fulton County

$ 15,000

Fulton County Board Contract with K.I.D.D.S. Dance Project, Inc. in Fulton

of Education

County

$ 10,000

Glascock County Complete renovation of courthouse annex in Glascock

County

$ 10,000

Glynn County

Installation of outdoor lighting for the Animal Control

facility in Brunswick

$ 5,000

Glynn County Board Animal Control facility parking lot lighting for Glynn

of Commissioners County

$ 5,000

Grady County

Construct new cover for Thomas/Grady County Mental

Health Center for handicapped recreational outdoor

pavilion in Grady County

$ 10,000

Grady County

Renovation and improvements to Wayside Community

Center in Grady County

$ 10,000

Grady County

Building construction and equipment purchases for the

Midway Fire Department in Grady County

$ 10,000

Grady County Board Funds to enhance tennis courts, add lights and make

of Education

other improvements to the softball field at the Cairo

High School in Grady County

$ 10,000

Greene County

Equipment and display cases at Abram Colby

Decorative Arts Gallery in Greene County

$ 2,000

Greene County

Renovation of historic old jail in Greensboro for

museum in Greene County

$ 15,000

Greene County

Feasibility study to determine healthcare system options

for Greene, Morgan, Putnam Region

$ 10,000

Greene County

Funding for old jail restoration project in Greene County $ 10,000

Gwinnett Community Provide funds to allow Aurora Theater performances in

Foundation

elementary schools in Gwinnett County

$ 10,000

928

JOURNAL OF THE SENATE

Gwinnett County Athletic Department stadium project at Grayson High

Board of Education School in Gwinnett County

$ 5,000

Gwinnett County Contract for services with Creative Enterprises for

construction of Phase II Expansion of the Day

Habilitation Program in Gwinnett County

$ 25,000

Gwinnett County Renovation of Athletic facilities at Duluth High School

Board of Education in Gwinnett County

$ 20,000

Gwinnett County Creative Enterprises

$ 50,000

Gwinnett County Asphalt walking track around playground at Mountain

Park Elementary School in Gwinnett County

$ 20,000

Hall County

Create walking trail in Tadmore Park in Hall County $ 15,000

Hall County Board of Playground equipment for White Sulphur Elementary

Education

School in Hall County

$ 10,000

Hancock Board of Purchase a vehicle and equipment for East Lake Sinclair

Commissioners

Fire Department in Hancock County

$ 10,000

Hancock County

Funds needed to purchase firefighting equipment and

supplies for Sparta/Hancock County Fire Department $ 10,000

Hancock County

Develop hydroponic garden at M.E. Lewis Elementary

Board of Education in Hancock County

$ 4,000

Haralson County Contract services for Family Connections Haralson

County

$ 25,000

Haralson County Contract services for Lamp Program in Haralson County $ 25,000

Haralson County Recreation funds for Haralson County Recreation

Department

$ 20,000

Haralson County Fund programs and curriculum for Haralson County

Family Support Programs

$ 7,000

Haralson County Fund programs and curriculum for Haralson County

Family Connection

$ 7,000

Haralson County Purchase athletic equipment for Haralson County High

School

$ 10,000

Hart County

Paving for Hart County Public Safety Training facility $ 10,000

Hart County

Emergency equipment (defibrillator) for Hart County

Fire Department

$ 8,000

MONDAY, MARCH 24, 2003

929

Heard County

Recreation department projects for Heard County

$ 15,000

Heard County

Purchase bullet proof vests for every law enforcement

officer in Heard County Sheriff's Department and City

of Franklin Police Department

$ 20,000

Heard County Board Purchase two computer labs at Centralhatchee and

of Education

Ephesus Elementary Schools in Heard County

$ 15,000

Heart of Georgia Provide youth programs and air show at the Heart of

Airport Authority Georgia Airport Authority

$ 10,000

Henry County

General repair and maintenance of shelter facilities at A

Friend's House in Henry County

$ 10,000

Henry County Board Purchase office equipment for Henry County Sheriff's

of Commissioners Office

$ 7,500

Henry County Board Purchase new books for Austin Road Middle School

of Education

Library in Henry County

$ 5,000

Henry County Board Purchase books and other media items for Union Grove

of Education

High School in Henry County

$ 5,000

Henry County Board Purchase books and other media items for Cotton Indian

of Education

Elementary in Henry County

$ 5,000

Henry County Board Purchase equipment for the Health/Physical Education

of Education

Department at Austin Road Middle School in Henry

County

$ 5,000

Houston County

Contract for services with Kid's Journey in Houston

Board of Education County

$ 5,000

Houston County

Materials and supplies for the Houston County Library $ 25,000

Houston County

Purchase equipment for the Henderson Volunteer Fire

Department in Houston County

$ 25,000

Houston County

Contract for services with Family Counseling Control of

Central Georgia in Houston County

$ 15,000

Houston County Board Purchase piano for the Fine Arts Department at Houston

of Education

County High School

$ 14,000

Irwin County

Repair to gymnasium in the recreation complex in Irwin

County

$ 10,000

930

JOURNAL OF THE SENATE

Irwin County
Irwin County
Irwin County Board of Education
Jackson County
Jackson County
Jackson County
Jasper County Board of Education Jeff Davis County Commissioners Jeff Davis County Board of Education Jeff Davis County
Jeff Davis County Jefferson County
Jefferson County
Jefferson County School System Jenkins County Jenkins County
Jenkins County

Upgrade inventory of books for the Irwin County

Library

$ 10,000

Repair and upkeep of Civil War Memorial located on

courthouse square in the City of Ocilla

$ 5,000

Construction of physical education room for wrestling,

cheerleading and band activities for the Irwin County

High School

$ 10,000

Purchase of equipment for Plainview Fire Department in

Jackson County

$ 15,000

Purchase of equipment for the Jackson County

Volunteer Rescue

$ 20,000

Construction of homeland security building for the

Jackson County Fire Department

$ 15,000

Lighting for high school baseball/softball fields in

Jasper County

$ 35,000

Purchase playground equipment for parks in Jeff Davis

County

$ 15,000

Purchase equipment for food processing facility at Jeff

Davis High School in Jeff Davis County

$ 5,000

Create film and video library at Hazelhurst/Jeff Davis

County Museum

$ 10,000

Assist Jeff Davis County with economic development $ 25,000

Provide funding for tourism for Jefferson County

Economic Development Authority

$ 25,000

Funds to purchase a surplus vehicle for the Jefferson

County Coroner's Office

$ 1,500

Purchase signs for Jefferson County High School and

Sandersville Technical College

$ 12,500

Repair to the Jenkins County Library

$ 10,000

Purchase and renovate theater building for Jenkins

County Development Authority

$ 25,000

Complete construction of recreation building for

Millen/Jenkins County Recreation Department

$ 15,000

MONDAY, MARCH 24, 2003

931

Jenkins County

Funds to pave Health Department parking lot in Jenkins

Commission

County

$ 5,000

Johnson County

Purchase equipment, renovate and repairs at the Senior

Citizen Center in Johnson County

$ 5,000

Johnson County

Rural fire department improvements and equipment

purchases in Johnson County

$ 15,000

Johnson County

Renovation of recreation complex and purchase

equipment in Johnson County

$ 10,000

Johnson County Board Renovations to fire stations in Johnson County

of Commissioners

$ 10,000

Johnson County Board Paving project for the Johnson County Board of

of Education

Education

$ 25,000

Jones County

Design and develop landscape beautification project at

the Jones County Civic Center

$ 15,000

Jones County

General operation of the Jones County Recreation

Department

$ 25,000

Jones County

Purchase firefighting equipment for fire tank in Jones

County Volunteer Fire Department

$ 5,000

Jones County

Fund new recreation area for City of Haddock

Commission

$ 9,000

Lamar County

Lamar County Ag Expo Center

$ 25,000

Lamar County

Purchase bullet proof vests for every law enforcement

officer in Lamar County

$ 15,000

Lamar County

Crisis response vehicle/mobile command center for

Lamar County Sheriff's Department

$ 40,000

Lanier County

Expansion of the Robert Simpson Nature Trail in

Lanier County

$ 10,000

Lanier County Board Band equipment for the Lanier County Schools

of Education

$ 6,000

Laurens County

Three automatic entry and exit doors for Dublin Laurens

County Library in Laurens County

$ 5,000

Laurens County

Purchase sexual abuse screening equipment for Stepping

Stone program in Laurens County

$ 25,000

932

JOURNAL OF THE SENATE

Laurens County Board of Education
Laurens County Board of Education Laurens County
Laurens County Board of Education Laurens County
Lee County
Lincoln County
Lincoln County Commission Long County
Long County
Long County Long County
Long County Lowndes County
Lowndes County
Lowndes County
Lumpkin County Madison County

Construction of weight training room for Health Education at West Laurens High School in Laurens County Purchase band uniforms for West Laurens High School in Laurens County Construction of T-Hangars at the airport in Laurens County Recreational equipment for Heart of Georgia Psycho Educational Services in Laurens County Improvements for Cedar Grove Community Center in Laurens County Repair old fire station which is being converted to Redbone Library in Lee County Building and equipment for the Loco Volunteer Fire Department in Lincoln County Construction of water line and infrastructure for Boy Scout Camp in Lincoln County Fire department equipment to include personal turn out gear for Long County Purchase new car for the Long County Sheriff's Department Purchase new Sheriffs Department car in Long County Purchase protective gear for the volunteer fire department in Long County Provide new computer equipment in Long County Purchase New Book Van for South Georgia Regional Library in Lowndes County Purchase theater equipment for program through Valdosta State University in Lowndes County Construction of the James Belk Youth and Teen Center at YMCA in Lowndes County Funding for homeless shelter in Lumpkin County Pave parking lot at Madison County Fire Station

$ 10,000 $ 10,000 $ 5,000 $ 5,000 $ 10,000 $ 16,000 $ 10,000 $ 25,000 $ 30,000 $ 10,000 $ 5,000 $ 8,000 $ 20,000 $ 15,000 $ 10,000 $ 75,000 $ 25,000 $ 5,000

MONDAY, MARCH 24, 2003

933

Marion County

Funds to replace wood columns on Marion County

Commissioners

Courthouse

$ 23,834

McIntosh County Purchase seventeen-passenger Ford Econovan for the

Esther Project, Inc. in McIntosh County

$ 20,000

Meriwether County Construct a football field for Greenville High School in

Meriwether County

$ 75,000

Meriwether County Purchase bullet proof vests for every law enforcement

officer in Meriwether County

$ 25,000

Mitchell County

Contract for services with Mitchell County Boys and

Girls Club for Smart Moves pregnancy prevention

program

$ 9,000

Mitchell County

Purchase new fire protection equipment for seven

volunteer fire departments in Mitchell County

$ 21,000

Monroe County

School building renovations for Community Wellness

Board of Education Center in Monroe County

$ 15,000

Monroe County

Purchase and install a cardiac monitoring system,

Hospital Authority communications system or other improvements at

Monroe County Hospital

$ 25,000

Montgomery County Repair roof of historic building at Montgomery

County High School

$ 10,000

Montgomery County Repair roof and flooring of the 1929 building for the

Schools

Montgomery County School Board

$ 10,000

Montogomery County Purchase of rescue equipment for the Montgomery

County Emergency Management Agency

$ 5,000

Montogomery County New fence at the Montgomery County Recreation

Department

$ 5,000

Morgan County

Funding for the construction of an Animal Control

Commission

Building for Morgan County

$ 9,000

Morgan County

Construct a new fire department at Clack's Chapel in

Commission

Morgan County

$ 9,000

Morgan County Board Purchase tennis court lighting system for Morgan

of Education

County Board of Education

$ 10,000

934

JOURNAL OF THE SENATE

Muscogee County Construction of rope bridge site for Raider's Team,

Board of Education Freedom Fighter's Cultural Arts Program in Muscogee

County

$ 15,000

Muscogee County Construct a rope bridge site for competitive preparation

Board of Education of Raider's Team. Freedom Fighters Cultural Art

Program to expand character education program

$ 10,000

Muscogee County Funds for an after-school program for troubled students

Schools

at Baker Middle School in Muscogee County

$ 10,000

Muscogee County Beautification project at Carver High School in

School System

Muscogee County

$ 10,000

Muscogee County Beautification project at Marshall Middle School in

School System

Muscogee County

$ 10,000

Newton County

Enhancements to B.C.Crowell Park and ballfield in the

City of Porterdale

$ 5,000

Newton County

Construction of tennis courts for Eastside High School

Board of Education in Covington

$ 20,000

Newton County

Enhance, purchase and install playground equipment for

West Newton Elementary School in Newton County $ 7,500

Newton County

Purchase band equipment for Cousins Middle School in

Board of Education City of Covington

$ 10,000

Newton County Board Fund construction of two softball fields at Old Cousins

of commission

Middle School in Newton County

$ 8,000

Oconee County Board Funds for the Fine Arts Department of Oconee High

of Education

School

$ 5,000

Oglethorpe County Planning and startup funding for Agricultural Center in

Board of Education Oglethorpe County

$ 10,000

Paulding County

Funding for museum equipment in Paulding County $ 3,000

Paulding County

Funds for outside lighting and school signs for Paulding

County Board of Education

$ 15,000

Paulding County

Purchase recreational equipment for community centers

in Paulding County

$ 16,000

Paulding County

Paulding County Family Connection

$ 25,000

Peach County

Purchase Microbus for Peach County 4-H

$ 20,000

MONDAY, MARCH 24, 2003

935

Peach County

Replacement of 3 radio repeaters in Peach County

$ 10,000

Peach County

Security gate for Peach County Law Enforcement

Center

$ 6,000

Peach County

Roof repair at 911 Center in Peach County

$ 5,000

Peach County

Assist in reroofing Kay Center for Mentally Retarded in

Peach County

$ 30,000

Pelham City Board of Improvements to the agriculture livestock facilities in

Education

Pelham City public schools

$ 15,000

Perry Downtown Land acquisition and improvements for the Perry

Development

Downtown Development Authority

Authority

$ 100,000

Pierce County

Purchase equipment for Pierce County

$ 2,000

Pierce County

Improvements to Lakeview Community Center in Pierce

County

$ 30,000

Pierce County Board Provide funding for the Pierce County Resource Center

of Commissioners for the Pierce County Board of Commissioners

$ 90,000

Pierce County Board Purchase band uniforms for Pierce County Band

of Education

Boosters

$ 5,000

Polk County

Purchase van for the Polk County Boys and Girls Club $ 20,000

Polk County

Contract for services with Children's Advocacy Group

in Polk County

$ 25,000

Polk County

Provide equipment for the Polk County Fire Department $ 40,000

Polk County

Purchase equipment for the Polk County Volunteer Fire

Department

$ 5,000

Polk County

Construction of an emergency response facility in Polk

County

$ 120,000

Putnam County

New band equipment for the Putnam County High

Board of Education School

$ 8,000

Putnam County

Renovation of old jail for office space in Putnam County

Commission

$ 9,000

Putnam General

Medical records retention, storage and retrieval system

Hospital Authority for the Putnam General Hospital in Putnam County

$ 20,000

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JOURNAL OF THE SENATE

Quitman County

Planning, mapping, addressing, and implementation of

an enhanced 911 system in Quitman County

$ 10,000

Rabun County

Update computer system at Rabun County Hospital $ 45,000

Rabun County

Equipment for the Rabun County Recreation

Department

$ 25,000

Rabun County

Purchase equipment for the Arts and Drama Department

at Rabun County High School

$ 15,000

Randolph County Purchase precision air rifles for JROTC program at

Board of Education Randolph/Clay High School in Randolph County

$ 5,000

Randolph County New student information system to replace OSIRS in the

Board of Education Randolph County School System

$ 30,000

Randolph County Fund Star program in Randolph County

Board of Education

$ 12,500

Randolph County Purchase of four intoxilyzers for the Randolph County

Sheriff's Department

$ 2,000

Randolph County Complete final phase of voter/fire protection building for

the rural area of Randolph County

$ 18,000

Randolph County Fund a rural transportation system for Randolph County $ 14,000

Richmond County Summer children's programs at Belle-Terrace

Board of Education Community Center and May Park Community Center in

Augusta/Richmond County

$ 5,000

Richmond County Purchase equipment and furnishings for use in the

Board of Education Technical Education Program at Glenn Hills High School

in Richmond County

$ 10,000

Richmond County Landscaping projects and playground equipment at

Board of Education Terrace Manor Elementary School in Richmond County $ 5,000

Richmond County Equipment for Richmond County Marshal's Office

$ 15,000

Richmond County Operational expenses for the Augusta Ballet

Commission

$ 25,000

Richmond County Operational funding for Delta House, Lucy Craft Laney

Commission

Museum in Richmond County

$ 25,000

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937

Richmond County Commission Richmond County
Richmond County
Richmond County Commission Richmond County
Richmond County
Richmond County Commission Richmond County
Richmond County
Richmond County Commission
Richmond County Commission Satilla Regional Medical Center Schley County
Screven County
Screven County
Screven County

Operational funds for National Legacy Foundation in Richmond County Provide funding for the Southeast Burn Foundation in Richmond County Funding for the Golden Harvest Food Bank in Richmond County Operational expenses for Delta Leadership Training Program in Richmond County Upgrade equipment at Richmond Academy in Richmond County Provide lighting and purchase equipment at Master City Little League in Richmond County Operational expenses for Southside Tutorial Program in Richmond County Funds for lighting and equipment at West Augusta Little League in Richmond County Purchase equipment/uniforms for the Augusta Boxing Club in Richmond County Construct a state of the art playground for disabled children for The Rachel Longstreet Foundation in the City of Augusta Support operation resources at Lucy Laney High School in Richmond County Contract for services with the Satilla Advocacy Services for the Satilla Regional Medical Center in Waycross Assist in air-conditioning Schley County Elementary School Playground equipment for rural communities of Screven County Design of a new jail for Screven County Sheriff's Department Fire fighting equipment for Screven County Fire Department

$ 25,000 $ 30,000 $ 10,000 $ 30,000 $ 25,000 $ 15,000 $ 20,000 $ 15,000 $ 15,000
$ 25,000 $ 15,000 $ 10,000 $ 25,000 $ 10,000 $ 10,000 $ 50,000

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JOURNAL OF THE SENATE

Screven County Maintenance and operational cost of the Cooperville

Community House in Screven County

Screven County Upgrade county fire department equipment in Screven

County

Seminole County Construct a multi-purpose agri-center livestock pavilion

Board of Education for the Seminole County High School in Seminole

County

Seminole County Grounds improvement and paving at the Seminole

Commission

County Courthouse

Seminole County Agriculture Center and Livestock Building for the

Board of Education Seminole County Board Of Education

Seminole County Fund a multi-purpose building at Seminole County

Middle-High School

Seminole County Southwest Georgia multi-purpose facility

Board of Education

Seminole County Construct an equipment and agricultural facility for

Board of Education Seminole County Board of Education

Stephens County Purchase equipment and software for the Stephens

Commission

County Education Literacy Foundation

Stephens County Purchase two used vehicles for the Toccoa

Rehabilitation Ind., Inc, in Stephens County

Stephens County Purchase office furniture for newly renovated Toccoa

Armory In Stephens County

Stephens County Create two multi media computer centers for Liberty

Elementary School n Stephens County

Stephens County Operating funds for the Stephens County Library

Commission

Stephens County Purchase a 15 passenger van for the Stephens County 4-

H program

Stephens County Purchase of a fire boat and building equipment in

Stephens County

Stewart County Purchase patrol car for Stewart County

$ 3,000 $ 15,000
$ 10,000 $ 10,000 $ 20,000 $ 25,000 $ 50,000 $ 150,000 $ 10,120 $ 31,600 $ 5,600 $ 16,422 $ 20,000 $ 38,000 $ 25,000 $ 6,000

MONDAY, MARCH 24, 2003

939

Talbot County

Repair gym floor at Central Elementary/High School in

Board of Education Talbot County

Taliaferro Board of Purchase patrol car for Taliaferro County Sheriff's

Commissioners Department

Tattnall Board of Repair and fund improvements to Reidsville Middle

Education

School baseball field in the City of Reidsville

Tattnall County Contract for services with the East Collins Community

Center for after-school program enhancements in

Tattnall County

Tattnall County Purchase equipment for the Tattnall County EMA

Tattnall County Emergency medical equipment to enhance 911 system

for Tattnall County

Tattnall County Provide funds for architectural support and planning of

Technology Center in Tattnall County

Tattnall County Match local and state/federal funds to market a farmer

Commissioners initiated program to sell local produce in Tattnall

County

Taylor County

Provide funding for Taylor County GIS Mapping

System and 911 feasibility study

Telfair County

Recreation funding for Telfair County

Telfair County

Athletic facility improvements for Telfair County High

Board of Education School

Telfair High

Resurface Telfair County High School tennis courts

Terrell County

Restore the historic Terrell County Courthouse's 1892

Tower Clock and Tower Room

Terrell County

Deceleration lane construction and related infrastructure

at conservation resource center in Terrell County

Thomas County Contract for services with Marquerite Neel Williams

Boys and Girls Club in Thomas County

Thomas County Resurface driveway and parking area at

Magnolia/Chappelle School in Thomas County

Tift County

Purchase computers and pagers for Tift County

Volunteer Fire Department

$ 10,000 $ 13,000 $ 5,000
$ 10,000 $ 10,000 $ 10,000 $ 10,000
$ 5,000 $ 50,000 $ 25,000 $ 10,000 $ 7,000 $ 45,000 $ 85,000 $ 15,000 $ 5,000 $ 10,000

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JOURNAL OF THE SENATE

Tift County

Purchase furniture for Tift County Public Library

Commissioners

Town of Dexter Purchase equipment for Town of Dexter Volunteer Fire

Department

Town of Funston Replace water line on North Manning Street in the City

of Funston

Town of Funston Assist in replacing water line and fireplugs in Town of

Funston

Town of Ivey

Construct a Voluntary Fire Department and precinct

polling place in Town of Ivey in Wilkinson County

Town of Rebecca Purchase Christmas lighting for the City of Rebecca

Town of Rentz

Laurens County Ambulance Service satellite station in

the Town of Rentz

Town of Sumner Improvements to Town of Sumner auditorium for civic

and educational purposes

Town Of Shady Dale Building improvements for Town of Shady Dale City

Hall

Towns County

Equipment for volunteer fire department in Towns

County

Towns County

Extend Energy Management System for new elementary

Board of Education school, new auditorium and middle school gym in

Towns County

Treutlen County $2,000 per three Volunteer Fire Departments in Treutlen

County

Treutlen County Purchase of a patching machine to repair county

maintained roads in Treutlen County

Treutlen County Purchase vehicle for Treutlen County Senior Center

Treutlen County Purchase patching machine for road repairs in Treutlen

County

Treutlen County Renovation of the Board of Commissioners office

building in Treutlen County

$ 50,000 $ 5,000 $ 7,500 $ 10,000 $ 25,000 $ 3,000 $ 6,236 $ 10,000 $ 20,000 $ 5,000
$ 20,000 $ 6,000 $ 10,000 $ 5,000 $ 20,000 $ 10,000

MONDAY, MARCH 24, 2003

941

Treutlen County Expansion of fire stations to house additional fire engine

Board of

in Treutlen County

Commissioners

Treutlen County Purchase athletic equipment for the Treutlen County

Board of Education

Troup County

Development of the Clark Access Recreational Park in

Troup County

Troup County

Equipment crisis response vehicle with communication

and disaster response equipment for the Troup County

Sheriff's Department

Troup County Board Create summer Driver's Ed Program for Troup County

of Education

students

Turner County

Repairs, design and renovation of official state symbol

(peanut monument) in Turner County

Twiggs County Landscaping beautification at Twiggs County Historical

Courthouse

Twiggs County Upgrade records filing system for the Clerk of Superior

Court Office in Twiggs County

Union City

Funding for the Keep South Fulton Beautiful program in

Union City

Union City

Provide for environmental protection through education

and facilities in Union City

Union County

Design and construct a gymnasium/community center in

Union County

Union County

Funds for a new jail in Union County

Union County

Contract for services with S.A.F.E., Inc.(Support in

Abusive Family Emergencies program) in Union

County

Union County

Equipment for volunteer fire department in Union

County

Upson County

Purchase emergency response truck for Upson County

Emergency Management Agency

$ 20,000 $ 10,000 $ 50,000
$ 25,000 $ 25,000 $ 5,000 $ 15,000 $ 5,000 $ 40,000 $ 10,000 $ 50,000 $ 30,000
$ 10,000 $ 5,000 $ 10,000

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JOURNAL OF THE SENATE

Upson County

Purchase bullet proof vests for every law enforcement

officer in Upson County

Walker County

Contract with Children's Advocacy Center to provide

Lookout Mountain Superior Courts child abuse

investigation forensic service

Walker County Renovations to the drivers license facility in Rock

Spring

Walker County Renovations to the Walker County Courthouse in

LaFayette

Walker County Renovation of softball field for Rock Spring Athletic

Association in Walker County

Walker County Purchase land and build memorial park for the families

of the Noble tragedy in Walker County

Walker County Purchase computer technology equipment and JROTC

Board of Education equipment for LaFayette High School in Walker County

Walton County Contract for services with Bridge Services, Inc. for

services to at-risk youth in Walton County

Walton County Purchase and install playground equipment at Matthews

Park in north Monroe

Walton County

Furniture purchase for Loganville Senior Center

Board of

Commissioners

Walton County Renovation and drainage project on playground at

Board of Education Loganville Elementary School in Walton County

Ware County

Furnish and renovate the Magnolia House Shelter for

Abused Women and Children in Ware County

Ware County

Acquire a building for the Thomas O. Zorn #70 Chapter

of the Disabled American Veterans in Waycross

Ware County

Improvements and additions to the Okefenokee Heritage

Center in Ware County

Ware County

Purchase equipment for the Dixie Union Volunteer Fire

and Rescue division of the Ware County Fire

Department

$ 25,000
$ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 45,000 $ 5,000 $ 15,000 $ 5,000
$ 5,000 $ 5,000 $ 5,000 $ 15,000 $ 5,000
$ 5,000

MONDAY, MARCH 24, 2003

943

Ware County Board Ware County Senior High Band trip to Thanksgiving

of Education

Day in Philadelphia

Warren County Purchase public safety equipment for Sheriff's

Department and fire personnel in Warren County

Warren County Purchase fire equipment for Warren County Fire

Department

Warren County Purchase two surveillance cameras for Warren County

Board of

Sheriffs Department

Commissioners

Washington County Bathroom improvements for handicapped access for the

Washington County Historical Society

Washington County Capital improvements for the Washington County

Recreation Department

Wayne County

Equipment for the Wayne County Volunteer Fire

Department

Wayne County

Construction improvements at Ritch voting precinct in

Wayne County

Wheeler County Equipment for Wheeler County Recreation Department

Wheeler County Building materials for Springhill Fire Department in

Wheeler County

Wheeler County Renovations of the Wheeler County Senior Citizens

Center

Wheeler County Fire fighting equipment for Stuckey Fire Department in

Wheeler County

Wheeler County Construct a new recreation facility in Wheeler County

Wheeler/Telfair Planning and development money for Wheeler

Airport Authority County/Telfair Airport Authority

White County

Refurbish athletic fields in White County

White County

Contract for services with the Sautee Nacoochee

Community Association

Whitfield County Provide funding for road and bridge enhancements in

Government

Whitfield County

$ 5,000 $ 15,000 $ 105,000
$ 7,500 $ 5,000 $ 10,000 $ 10,000 $ 5,000 $ 5,000 $ 5,000 $ 4,000 $ 5,000 $ 20,000 $ 5,000 $ 22,000 $ 35,000 $ 10,000

944

JOURNAL OF THE SENATE

Wilcox County Wilkes County Wilkes County Wilkes County Wilkinson County Worth County

Purchase tanker truck for Cedar Creek Fire Department in Wilcox County Replace roof on Georgia State Patrol Post in Wilkes County Landscaping at Georgia State Patrol Post in Wilkes County Danburg Volunteer Fire Department building and equipment in Wilkes County Capital expenditures for the Wilkinson County/Gordon/Recreational Complex Improvements and repairs to Gordy and Redrock fire station/voting precinct in Worth County

$ 5,000 $ 10,000 $ 3,000 $ 10,000 $ 25,000 $ 15,000

Section 43. Provisions Relative to Section 8, Department of Community Health. There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.

It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 2003 shall not exceed 13.1%.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 2003 shall not exceed 13.1%.

Section 44. Provisions Relative to Section 9, Department of Corrections. To authorize the Department of Corrections to proceed with a build-to-suit lease contract for the Dekalb Transitional Center.

Section 45. Provisions Relative to Section 11, State Board of Education Department of Education.
The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,334.03. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 46. Provisions Relative to Section 12, Employees' Retirement System. Funds are provided in this appropriation act for H.B. 227, H.B. 254, H.B. 287, H.B. 931, S.B. 62, H.B. 627, H.B. 666, H.B. 785, and H.B. 557.

MONDAY, MARCH 24, 2003

945

Section 47. Provisions Relative to Section 15, Office of the Governor. There is hereby appropriated to the Office of the Governor the sum of $350,000 of the moneys collected in accordance with O.C.G.A. Title 10, Chapter 1, Article 28. The sum of money is appropriated for use by the Office of Consumer Affairs for all the purposes for which such moneys may be appropriated pursuant to Article 28.

Section 48. Provisions Relative to Section 16, Department of Human Resources.

The Department of Human Resources is authorized to calculate all Temporary Assistance

for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need;

such payments shall be made from the date of certification and not from the date of

application; and the following maximum benefits and maximum standards of need shall

apply:

Number in

Standards

Maximum Monthly

Asst. Group

of Need

Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Provided, that of the above appropriations relative to the treatment of Hemophilia and it's complications, these funds may be used to provide treatment and care to the bleeding disorders community or to purchase insurance to provide this treatment and care, whichever is less.

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Section 49. Provisions Relative to Section 20, Department of Labor. Provided, from funds known as Reed Act funds credited to and held in this state's account in the Unemployment Trust Fund by the United States Secretary of the Treasury pursuant to the "Job Creation and Worker Assistance Act of 2002" (P.L. 107-147) and Section 903 (d) of the Social Security Act, as amended, $49,339,507 is designated for administration of the unemployment compensation law and public employment offices, including workforce information service delivery, technology, resources, and equipment to support employment, workforce staff training, studies and reports, buildings, fixtures, furnishings, and supplies. The amount hereby appropriated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, and shall be obligated and expended in accordance with Section 903 (d) (4) of the Social Security Act.
Provided further, that no funds shall be expended until approved by the Office of Planning and Budget.
Section 50. Provisions Relative to Section 22, Merit System of Personnel Administration. The Department is authorized to assess no more than $147.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.
Section 51. Provisions Relative to Section 24, Department of Natural Resources. Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Provided, that of the amount above for contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the "Atlanta Ozone Nonattainment Area" and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation "Atlanta Ozone Nonattainment Area" means the geographic area of the state comprised of Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale Counties.

MONDAY, MARCH 24, 2003

947

Section 52. Provisions Relative to Section 30, Department of Revenue. For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $8,000 for the taxable year beginning January 1, 2002.
Section 53. Provisions Relative to Section 31, Secretary of State. There is included in the Real Estate Rentals object class for the Secretary of State funding for a rental agreement with the Development Authority of Clayton County for the Department of Archives and History.
Section 54. Provisions Relative to Section 34, Teachers' Retirement System. It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.24% for S.F.Y. 2003.
Funds are provided in this appropriation act for H.B. 765 and H.B. 955.
Section 55. Provisions Relative to Section 36, Department of Transportation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 36 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.

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e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(1), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Provided, that funding available to the Department of Transportation may be used for right-of-way acquisition for a multi-lane road to connect Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3.
Section 56. In addition to all other appropriations for the State fiscal year ending June 30, 2003, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,578,874 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retardation institutions ($8,458,874) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 57. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:

MONDAY, MARCH 24, 2003

949

First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 58. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 59. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 60. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 61. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to

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each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 62. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 2002 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.

MONDAY, MARCH 24, 2003

951

Section 63. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 64. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 65. Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund.
With regard to the appropriations in Section 39 to the "State of Georgia General Obligation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts, and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)," $1,122,100 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $4,445,700 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than

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$51,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $7,355,480 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $32,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $2,388,150 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $27,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $6,023,845 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $26,305,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $367,575 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,225,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $130,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

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equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $22,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $261,000 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll Island State Park Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $34,350 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll Island State Park Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $234,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,305,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition,

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construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $74,820 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $174,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,296,300 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $22,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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From the appropriation designated "State General Funds (New)," $3,045,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $35,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $156,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $421,950 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,850,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $87,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months .
From the appropriation designated "State General Funds (New)," $60,900 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $700,000 in

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principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $1,653,000 is specifically appropriated for the purpose of financing the Geo. L. Smith Georgia World Congress Center projects and facilities for the Department of Industry, Trade, and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $19,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

Section 66. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 2003

$ 16,142,774,526

Section 67. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 68. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

Senator Hill of the 4th moved that the Senate adopt the Conference Committee report on HB 121.

On the motion, a roll call was taken, and the vote was as follows:

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

N Harbison Y Harp N Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens N Stokes

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Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N 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
Thomas,N Y Thomas,R
Thompson Y Tolleson Y Unterman Y Williams N Zamarripa

On the motion, the yeas were 46, nays 7; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 121.

The following communications were received by the Secretary:

The State Senate Atlanta, Georgia 30334

My machine did not register when voting on H.B. 121; I vote Yes. /s/ Senator Blitch, 7th district 3/24/03
The State Senate Atlanta, Georgia 30334

March 24, 2003

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

Dear Mr. Secretary:

Today, when attempting to vote on the Supplemental Budget, something happened to my machine, and it malfunctioned.

I wish to be recorded as voting yes.

Sincerely,

/s/ Steve Thompson

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The Calendar was resumed.
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.
Senator Johnson of the 1st asked unanimous consent that SB 42 be placed on the Table.
The consent was granted, and SB 42 was placed on the Table.
Senator Johnson of the 1st assumed the Chair.
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.
Senators Balfour of the 9th, Reed of the 35th and Zamarripa of the 36th offered the following substitute to SB 207:
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 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 12-6-24 of the Official Code of Georgia Annotated, relating to providing notice of timber harvesting operations, is amended by striking subsection (e) in its entirety and inserting in lieu thereof the following:

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"(e)(1) No county, municipality, or other political subdivision in this state shall require any person or firm harvesting standing timber therein for delivery as pulpwood, logs, poles, posts, or wood chips to any woodyard or processing plant located inside or outside this state to provide any notice of or plan or security for such harvesting or hauling of forest products except as provided by this Code section. (2) No county, municipality, or other political subdivision in this state shall require any person or firm harvesting standing timber therein for delivery as pulpwood, logs, poles, posts, or wood chips to any woodyard or processing plant located inside or outside this state to obtain any permit for such harvesting or hauling of forest products, including without limitation any permit for any new driveway in connection with timber harvesting operations; provided, however, that this paragraph shall not otherwise limit the authority of a county or municipality to regulate roads or streets under its jurisdiction in accordance with Title 32. (3) The provisions of paragraphs (1) and (2) of this subsection shall not preclude counties, municipalities, or other political subdivisions from enacting and enforcing tree ordinances, landscape ordinances, or streamside buffer ordinances.
(4)(A) The limitations on the regulatory authority of counties, municipalities, or other political subdivisions provided by paragraphs (1), (2), and (3) of this subsection shall apply only to timber harvesting operations which qualify as forestry land management practices or agricultural operations under Code Section 12-7-17, not incidental to development, on tracts which are zoned or used for silvicultural or agricultural purposes. (B) The limitations on the regulatory authority of counties, municipalities, or other political subdivisions provided by paragraphs (1), (2), and (3) of this subsection also shall apply to tracts which are unzoned."
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.
On the adoption of the substitute, the yeas were 47, nays 0, and the Balfour, et al. substitute was adopted.
Pursuant to Senate Rule 143, action on SB 207 was suspended, and SB 207 was placed on the Senate General Calendar.
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

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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 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.

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 Y Tate Y Thomas,D Y Thomas,N N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 54, nays 1.

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

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

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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.
Senators Jackson of the 50th, Brown of the 26th, Dean of the 31st, Gillis of the 20th, Hooks of the 14th and others offered the following substitute to SB 205:
A BILL TO BE ENTITLED AN ACT
To amend Titles 16, 26, 41, 44, and 51 of the Official Code of Georgia Annotated, relating respectively to crimes and offenses; food, drugs, and cosmetics; nuisances; property; and torts, so as to provide enhanced penalties and requirements for persons involved with or property involved with substances used in connection with manufacturing methamphetamine; to provide for the offense of unlawful endangerment of property; to provide for enhanced penalties for theft or attempt or conspiracy to commit the theft of anhydrous ammonia; to provide for penalties for unlawfully providing materials for production of controlled substances; to provide for penalties for possession of ephedrine; to provide for marketing ephedrine; to provide for penalties related to possession of anhydrous ammonia; to change provisions relating to possession and use of drug related objects; to change provisions relating to dangerous drugs; to change provisions relating to the sale, distribution, or possession of dangerous drugs; to limit over-the-counter sales of methamphetamine precursor drugs; to limit retail sales of methamphetamine precursor drugs; to change provisions relating to drug activity on real property; to provide for definitions; to change and create provisions relating to disclosures in real estate transactions; to create provisions relating to leasing property used for certain purposes; to provide for limitations; to provide for the transfer of anhydrous ammonia, tampering with the transfer, and assumption of risk; 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 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding a new Code section to the end of Part 1 of Article 2 of Chapter 7, relating to general provisions relative to criminal trespass and damage to property, to read as follows:
"16-7-30.

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(a) A person commits the crime of unlawful endangerment of property if, while engaged in or as a part of the enterprise for the production of a controlled substance as defined in paragraph (4) of Code Section 16-13-21, the person protects or attempts to protect the production of the controlled substance by creating, setting up, building, erecting, or using any device or weapon which causes or is intended to cause damage to the property of, or injury to, another person. (b) A person convicted of the offense of unlawful endangerment of property shall be punished by imprisonment for not less than one nor more than seven years, unless there is physical injury to a person in which case the person shall be punished by imprisonment for not less than one nor more than ten years."
SECTION 2. Said title is further amended by striking the word "or" at the end of subparagraph (a)(5)(B) of Code Section 16-8-12, relating to penalties for certain violations involving theft; by striking the period at the end of paragraph (6) of subsection (a) of such Code section and inserting in lieu thereof a semicolon; and by inserting immediately following paragraph (6) of subsection (a) of such Code section the following:
"(7) If the property that was the subject of the theft is any controlled substance as defined by paragraph (4) of of Code Section 16-13-21, anhydrous ammonia, or ammonium nitrate, by imprisonment for not less than one nor more than seven years. An attempt or conspiracy to commit a theft of any controlled substance, anhydrous ammonia, or ammonium nitrate shall be punished as provided in Code Section 16-1333; (8) If the property that was the subject of the theft has a value of less than $500.00 and was taken with the intent to use the material to manufacture, compound, produce, prepare, test, or analyze amphetamine or methamphetamine or any or their analogs, by imprisonment for not less than one nor more than five years; or (9) If the property that was the subject of the theft is any amount of anhydrous ammonia taken by appropriation of a tank truck, tank trailer, rail tank car, bulk storage tank, field (nurse) tank, or field applicator, by imprisonment of not less than one nor more than 20 years."
SECTION 3. Said title is further amended by inserting new Code sections after Code Section 16-1330.2, relating to unlawful manufacture, distribution, or possession with the intent to distribute of imitation controlled substances, to read as follows:
"16-13-30.3. (a) No person shall provide any reagents, solvents, or precursor materials used in the production of a controlled substance as defined in paragraph (1) of subsection (a) of Code Section 16-13-1 to any other person knowing that the person to whom such materials are provided intends to use the materials for the illegal production of a controlled substance. (b) Any person who violates subsection (a) of this Code section

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shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
16-13-30.4. (a) It is unlawful for any person to possess any methamphetamine precursor drug with the intent to manufacture amphetamine or methamphetamine or any of their analogs. (b) Possession of more than 24 grams of any methamphetamine precursor drug or combination of methamphetamine precursor drugs shall be prima facie evidence of intent to violate this Code section. This subsection shall not apply to any practitioner or to any product possessed in the course of a legitimate business. (c) Any person who violates subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
16-13-30.5. (a) It is unlawful for any person to market, sell, distribute, advertise, or label any drug product containing ephedrine, its salts, optical isomers, and salts of optical isomers, or pseudoephedrine, its salts, optical isomers, and salts of optical isomers, for indication of stimulation, mental alertness, weight loss, appetite control, energy, or other indications not approved pursuant to the pertinent federal over-the-counter drug Final Monograph or Tentative Final Monograph or approved new drug application. (b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
16-13-30.6. (a) A person commits the crime of possession of anhydrous ammonia in a nonapproved container if he or she possesses any quantity of anhydrous ammonia in any container other than a tank truck, tank trailer, rail tank car, bulk storage tank, field (nurse) tank, field applicator, or any container approved for anhydrous ammonia by the Department of Agriculture or the United States Department of Transportation. (b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years."
SECTION 4. Said title is further amended by striking Code Section 16-13-32.2, relating to possession and use of drug related objects, and inserting in lieu thereof the following:
"16-13-32.2. (a) It shall be unlawful for any person to use, or possess with the intent to use, any object or materials of any kind for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing,

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injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance. (b) Possession of more than 24 grams of any methamphetamine precursor drug or combination of methamphetamine precursor drugs shall be prima facie evidence of intent to violate this Code section. This subsection shall not apply to any practitioner or to any product possessed in the course of a legitimate business. (b)(c) Any person or corporation which that violates any provision subsection (a) of this Code section shall be guilty of a misdemeanor. Any person or corporation that violates subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years."
SECTION 5. Said title is further amended by inserting in subsection (b) of Code Section 16-13-71, relating to dangerous drugs, the following paragraphs:
"(4.7) Acetone; (332.9) Ephedrine; (371.8) Ethylamine; (373.2) Ethyl ether; (448.5) Hydriodic acid; (480.8) Iodine; (598.7) Methylamine; (832.4) Red phosphorous; (925.8) Sulfuric acid; (973.07) Toluene;"
SECTION 6. Said title is further amended in Code Section 16-13-72, related to the sale, distribution, or possession of dangerous drugs, by designating the existing introductory language of the Code section as subsection (a) and adding new subsections (b), (c), and (d) to read as follows:
"(b) In addition to the prohibition contained in subsection (a) of this Code section, it shall be unlawful for any person to possess chemicals listed Code Section 16-13-71 or any other chemicals proven to be precursor ingredients of methamphetamine or amphetamine, as established by expert testimony pursuant to subsection (d) of this Code section, with the intent to manufacture, compound, convert, produce, process, prepare, test, or otherwise alter that chemical to create a controlled substance or a controlled substance analog in violation of Article 2 of this chapter. (c) A person who violates subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (d) The state may present expert testimony to provide a prima facie case that any chemical, whether or not listed in Code Section 16-13-71, is an immediate precursor ingredient for producing methamphetamine or amphetamine."

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SECTION 7. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended in Chapter 3, relating to standards, labeling, and adulteration of drugs and cosmetics, by inserting new two Code sections to read as follows:
"26-3-3.1. (a) No person shall deliver in any single over-the-counter sale more than three packages of any methamphetamine precursor drug or any combination of methamphetamine precursor drugs. (b) This Code section shall not apply to any product labeled pursuant to federal regulation for use only in children under 12 years of age or to any product that the state Department of Human Resources, upon application of a manufacturer, exempts by rule from this Code section because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors. (c) Any person who is considered the general owner or operator of the outlet where ephedrine, pseudoephedrine, or phenylpropanolamine products are available for sale who violates subsection (a) of this Code section shall not be penalized pursuant to this Code section if the person documents that an employee training program was in place to provide the employee with information on the state and federal regulations regarding ephedrine, pseudoephedrine, or phenylpropanolamine. (d) Any person who knowingly or recklessly violates this Code section shall be guilty of a misdemeanor.
26-3-3.2. (a) The retail sale of methamphetamine precursor drugs shall be limited to:
(1) Sales in packages containing not more than a total of 3 grams of one or more methamphetamine precursor drugs, calculated in terms of ephedrine base, pseudoephedrine base, and phenylpropanolamine base; and (2) For nonliquid products, sales in blister packs, each blister containing not more than two dosage units, or, where the use of blister packs is not technically feasible, sales in unit dose packets or pouches. (b) Any person who pays sales and use taxes pursuant to Chapter 8 of Title 48 who knowingly violates subsection (a) of this Code section shall be guilty of a misdemeanor. (c) Any person who is considered the general owner or operator of the outlet where ephedrine, pseudoephedrine, or phenylpropanolamine products are available for sale who violates subsection (a) of this Code section shall not be penalized pursuant to this Code section if the person documents that an employee training program was in place to provide the employee with information on the state and federal regulations regarding ephedrine, pseudoephedrine, or phenylpropanolamine."
SECTION 8. Title 41 of the Official Code of Georgia Annotated, relating to nuisances, is amended by striking Code Section 41-3-1.1, relating to substantial drug related activity upon real

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property and knowledge of the owner, and inserting in lieu thereof the following: "41-3-1.1. (a) As used in this Code section, the term: (1) 'Drug related indictment' means an indictment by a grand jury for an offense involving violation of Code Section 16-13-30 Article 2 of Chapter 13 of Title 16 involving possessing, storing, transporting, distributing, or manufacturing controlled substances as that term is defined by paragraph (4) of Code Section 16-13-21; provided, however, that any such indictments which result directly from cooperation between the property owner and a law enforcement agency shall not be considered a drug related indictment for purposes of this Code section. (2) 'Personal property' means a vehicle, boat, or aircraft. (2)(3) 'Substantial drug related activity' means activity resulting in six three or more separate incidents resulting in drug related indictments involving violations occurring within a 12 month period on the same parcel of real property or in the same personal property. (b) Any owner of real or personal property who has actual knowledge that substantial drug related activity is being conducted on such property shall be guilty of maintaining a nuisance, and such real property shall be deemed a nuisance and may be enjoined or otherwise abated as provided in this chapter. (c) The owner of real or personal property shall be deemed to have actual knowledge of substantial drug related activity occurring on a parcel of real property or in personal property if the district attorney of the county in which the property is located notifies the owner in writing of three two or more separate incidents within a 12 month period which result in drug related indictments and, after the receipt of such notice and within 12 months of the first of the incidents resulting in a drug related indictment which are the subject of such notice, three one or more separate incidents occur which result in drug related indictments. (d) The provisions of this Code section are cumulative of any other remedies and shall not be construed to repeal any other existing remedies for drug related nuisances."
SECTION 9. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by striking subsection (a) of Code Section 44-1-16, relating to failure to disclose in a real estate transaction that property certain information about the property, and inserting in lieu thereof the following:
"(a)(1) No cause of action shall arise against an owner of real property, a real estate broker, or any affiliated licensee of the broker for the failure to disclose in any real estate transaction the fact or suspicion that such property:
(A) Is or was occupied by a person who was infected with a virus or any other disease which has been determined by medical evidence as being highly unlikely to be transmitted through the occupancy of a dwelling place presently or previously occupied by such an infected person; or

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(B) Was the site of a homicide or other felony, except as provided in Code Section 44-1-16.1, or a suicide or a death by accidental or natural causes; provided, however, that an owner, real estate broker, or affiliated licensee of the broker shall, except as provided in paragraph (2) of this subsection, answer truthfully to the best of that persons individual knowledge any question concerning the provisions of subparagraph (A) or (B) of this paragraph. (2) An owner, real estate broker, or affiliated licensee of the broker shall not be required to answer any question if answering such question or providing such information is prohibited by or constitutes a violation of any federal or state law or rule or regulation, expressly including without limitation the federal Fair Housing Act as now or hereafter amended or the states fair housing law as set forth in Code Sections 8-3-200 through 8-3-223."
SECTION 10. Said title is further amended by inserting a new Code section to follow Code Section 441-16 to read as follows:
"44-1-16.1. (a) In the event that any parcel of real property to be sold, exchanged, or transferred is or was used as a site for methamphetamine production, the seller or transferor shall disclose in writing to the buyer or transferee the fact that methamphetamine was produced on the premises, provided that the seller or transferor had knowledge of such prior methamphetamine production. The seller or transferor shall disclose any prior knowledge of methamphetamine production, regardless of whether the persons involved in the production were convicted for such production. (b) A seller or transferor of any parcel of real property shall disclose in writing the fact that any premises to be sold or transferred either was the place of residence of a person convicted of any of the following crimes, or was the storage site or laboratory for any of the substances for which a person was convicted of any of the following crimes, provided that the seller or transferor knew or should have known of such convictions:
(1) Creation or possession of a controlled substance as that term is defined by paragraph (4) of Code Section 16-13-21; (2) Unlawful use of drug paraphernalia with the intent to manufacture methamphetamine in violation of subsection (b) of Code Section 16-13-32.2; or (3) Any other crime related to methamphetamine, its salts, optical isomers, and salts of optical isomers either in Article 2 of Chapter 13 of Title 16 or in any other provision of law."
SECTION 11. Said title is further amended by adding a new Code section to follow Code Section 44-720, relating to notification to prospective tenant of propertys propensity toward flooding, to read as follows:
"44-7-20.1.

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(a) When the owner of real property, either directly or through an agent, seeks to lease or rent property for residential occupancy, prior to entering a written agreement for the leasehold of that property, the owner shall, either directly or through an agent, notify the prospective tenant in writing that the property to be leased or rented is or was used as a site for methamphetamine production. The owner or agent shall disclose in writing to the tenant the fact that methamphetamine was produced on the premises, provided that the owner had knowledge of such prior methamphetamine production. The owner shall disclose any prior knowledge of methamphetamine production, regardless of whether the persons involved in the production were convicted for such production. (b) An owner of real property, either directly or through an agent, shall disclose in writing the fact that any property to be leased or rented either was the place of residence of a person convicted of any of the following crimes, or was the storage site or laboratory for any of the substances for which a person was convicted of any of the following crimes, provided that the owner knew or should have known of such convictions:
(1) Creation or possession of a controlled substance as that term is defined by paragraph (4) of Code Section 16-13-21; (2) Unlawful use of drug paraphernalia with the intent to manufacture methamphetamine in violation of subsection (b) of Code Section 16-13-32.2; or (3) Any other crime related to methamphetamine, its salts, optical isomers, and salts of optical isomers either in Article 2 of Chapter 13 of Title 16 or in any other provision of law."
SECTION 12. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new Code section to the end of Chapter 1, relating to general provisions, to read as follows:
"51-1-50. (a) As used in this Code section, the term:
(1) 'Owner' means all of the following persons: (A) Any person who lawfully owns anhydrous ammonia; (B) Any person who lawfully owns a container, equipment, or storage facility containing anhydrous ammonia; (C) Any person responsible for the installation or operation of containers, equipment, or storage facilities for anhydrous ammonia; (D) Any person lawfully selling anhydrous ammonia; (E) Any person lawfully purchasing anhydrous ammonia for agricultural purposes; and (F) Any person who operates or uses anhydrous ammonia containers, equipment, or storage facilities when lawfully applying anhydrous ammonia for agricultural purposes.
(2) 'Tamperer' means a person who commits or assists in the commission of tampering.

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(3) 'Tampering' means transferring or attempting to transfer anhydrous ammonia from its present container, equipment, or storage facility to another container, equipment, or storage facility without prior authorization from the owner. (b) A tamperer assumes the risk of any personal injury, death, and other economic and noneconomic loss arising from his or her participation in the act of tampering. A tamperer or any person related to a tamperer shall not commence a direct or derivative action against any owner as it relates to the act of tampering. Owners are immune from suit by a tamperer or any person related to a tamperer and shall not be held liable for any negligent act or omission which may cause personal injury, death, or other economic or noneconomic loss to a tamperer as it relates to the act of tampering. (c) The immunity from liability and suit authorized by this Code section is expressly waived for owners whose acts or omissions constitute willful or wanton negligence."

SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

Senator Jackson of the 50th asked unanimous consent that her substitute be withdrawn. The consent was granted, and the substitute was withdrawn.

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 Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 55, 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 Senator Johnson of the 1st, President Pro Tempore, announced the Senate adjourned at 4:18 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, March 25, 2003
Twenty-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 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 90.

By Representatives Boggs of the 145th, Bordeaux of the 125th and Moraitakis of the 42nd, Post 4:

A BILL to amend Code Section 15-2-8 of the Official Code of Georgia Annotated, relating to the powers of the Supreme Court generally, so as to provide for submission of each state bar applicant's fingerprints for a national check for criminal convictions; and for other purposes.

HB 215.

By Representatives Golick of the 34th, Post 3, Harbin of the 80th and Maddox of the 59th, Post 2:

A BILL to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide definitions; to provide for the use of credit and credit scoring information in underwriting or rating risks by insurance companies; and for other purposes.

HB 512.

By Representatives Keen of the 146th, Smith of the 129th, Post 2, Williams of the 128th and Mosley of the 129th, Post 1:

A BILL to amend an Act placing the Sheriff of Glynn County on an annual salary, so as to authorize the appointment of an undersheriff; to provide for

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the qualifications of the undersheriff; to provide that the undersherriff shall succeed to the office of sheriff upon vacancy in said office; and for other purposes.

HB 544.

By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-7-103 of the Official Code of Georgia Annotated, relating to quarterly, monthly, and jeopardy returns, so as to increase the threshold for filing monthly returns; and for other purposes.

HB 550.

By Representatives O`Neal of the 117th and Richardson of the 26th:
A BILL to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for multiyear lease, purchase, or lease purchase contracts with respect to benefits based funding projects; and for other purposes.

HB 674.

By Representatives Forster of the 3rd, Post 1, Ralston of the 6th and White of the 3rd, Post 2:
A BILL to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, so as to stagger the terms of the members of the board of commissioners of Fannin County; and for other purposes.

HB 682.

By Representatives Amerson of the 9th and Ralston of the 6th:
A BILL to create a Board of Elections and Registration of Lumpkin County; and for other purposes.

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

HR 88.

By Representatives Day of the 126th, Stephens of the 123rd, Bordeaux of the 125th and Purcell of the 122nd:

A RESOLUTION designating the Jim Gillis-Historic Savannah Parkway; and for other purposes.

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HR 104.

By Representatives Howard of the 98th, Coleman of the 118th, Murphy of the 97th, Warren of the 99th, Childers of the 13th, Post 1 and others:

A RESOLUTION recognizing and commending Honorable Jack Connell and designating the Jack Connell Parkway; and for other purposes.

HR 129.

By Representatives Mosley of the 129th, Post 1, Barnard of the 121st, Post 1, DeLoach of the 127th, Smith of the 129th, Post 2 and Oliver of the 121st, Post 2:

A RESOLUTION designating the Shelton Isaiah DeLoach Memorial Bridge; and for other purposes.

HR 131.

By Representatives Mosley of the 129th, Post 1, Barnard of the 121st, Post 1, DeLoach of the 127th, Smith of the 129th, Post 2 and Oliver of the 121st, Post 2:

A RESOLUTION designating SR 196 in Long County as Albert Shelton Swindell Memorial Highway; and for other purposes.

The House has adopted the report of the Committee of Conference on 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 following Senate legislation was introduced, read the first time and referred to committee:

SB 275. By Senator Hooks of the 14th:

A BILL to be entitled an Act to amend an Act providing for the board of education for the Macon County School District, approved March 27, 1985 (Ga. L. 1985, p. 4112), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4137), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as

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amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 276. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Macon County, approved August 26, 1872 (Ga. L. 1872, p. 434), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4137), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 277. By Senators Kemp of the 3rd and Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and an annual report, so as to provide that a conservation use covenant may be renewed and continued without a lapse in the agreement; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.

SB 278. By Senator Williams of the 19th:
A BILL to be entitled an Act to reconstitute the Board of Commissioners of Telfair County; to provide for commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for oaths of office and surety bonds; to provide for the filling of vacancies; to provide for the compensation and expenses of the chairperson and members of the board; to provide for the compensation of the clerk and other county employees; to repeal an Act approved August 27, 1931 (Ga. L. 1931, p. 566), as amended; to provide for submission of this Act for preclearance under the

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federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 279. By Senators Henson of the 41st, Adelman of the 42nd, Levetan of the 40th, Clay of the 37th and Unterman of the 45th:
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 a special and distinctive license plate honoring the Masons; to provide that revenue derived from the sale of such license plates shall be donated to charities foundations; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such license plates; to provide for related matters; to provide an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 280. By Senators Kemp of the 3rd, Harp of the 16th, Hooks of the 14th and Cheeks of the 23rd:
A BILL to be entitled an Act to amend Code Section 40-2-137 of the Official Code of Georgia Annotated, relating to a notice of termination of motor vehicle liability insurance, lapse fee, and promulgation of rules and regulations, so as to provide that a member of the armed forces on ordered military duty abroad may terminate or suspend liability insurance on each motor vehicle registered to him or her; to provide for a form of reporting to the Department of Motor Vehicle Safety; to provide that such person shall ensure that the motor vehicle will not be operated until insurance is restored; to provide for the restoration of insurance; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

SB 281. By Senators Kemp of the 3rd, Tanksley of the 32nd, Harp of the 16th, Hooks of the 14th and Cheeks of the 23rd:
A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official

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Code of Georgia Annotated, relating to adoption, so as to prohibit the sale or offer for sale of a child by any parent or guardian of a child; to provide for penalties; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 282. By Senators Cheeks of the 23rd, Harp of the 16th, Tolleson of the 18th, Harbison of the 15th and Levetan of the 40th:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to provide that any person otherwise eligible for coverage who declined coverage because he or she was covered under a health insurance plan offered by the federal government based upon prior military service may, under certain conditions, begin or resume coverage under the state health insurance plan; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 283. By Senators Adelman of the 42nd, Balfour of the 9th, Reed of the 35th, Henson of the 41st, Clay of the 37th and Lamutt of the 21st:
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 special motor vehicle license plates, so as to provide for special plates to promote "Share the Road" messages for motorists and bicyclists and to benefit programs related to such motorists and bicyclists; to provide for the design and issuance of such plates; to provide for fees; to provide for reports and intent with respect to funds; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 284. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine and providing for penalties, so as to provide for another manner to prosecute a person for trafficking; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

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SB 285. By Senator Hamrick of the 30th:
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 require notification of a coroner upon the death of a person receiving compensated care; to provide for a definition of 'compensated care'; to provide for violation of licensing requirements for failure to comply with notification requirements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 286. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Subpart 5 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to tuition equalization grants, so as to authorize tuition equalization grants for part-time students; to provide for reduced grants to part-time students; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
SB 287. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions relative to tuition equalization grants, so as to change residency requirements for student eligibility; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
SB 288. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Jackson County and for the office of chief magistrate of Jackson County shall be nonpartisan elections held at the time of certain November general elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; 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.

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SB 289. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Franklin County and for the office of chief magistrate of Franklin County shall be nonpartisan elections held at the time of certain November general elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; 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 290. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a new board of commissioners of Franklin County," approved April 4, 1991 (Ga. L. 1991, p. 4681), as amended, particularly by an Act approved February 2, 2000 (Ga. L. 2000, p. 3501), and an Act approved April 29, 1997 (Ga. L. 1997, p. 4588), so as to change certain provisions relative to the county attorney; to repeal a provision that the county commission shall meet only in the county courthouse; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 291. By Senator Hill of the 4th:
A BILL to be entitled an Act to amend Code Section 12-3-58 of the Official Code of Georgia Annotated, relating to powers, duties, and authority of the Department of Natural Resources and its Division of Historic Preservation relative to a historic preservation grants program, so as to redefine a certain term; to change certain provisions relating to eligibility of historic property for funding under such program; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development and Tourism Committee.

SB 292. By Senators Seabaugh of the 28th, Unterman of the 45th, Kemp of the 3rd and Bowen of the 13th:
A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to law enforcement officers and agencies, so as to provide for the creation or adoption

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of pursuit policies by law enforcement agencies; to provide for the withholding of funding for noncompliance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 293. By Senators Hamrick of the 30th and Stokes of the 43rd:
A BILL to be entitled an Act to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders and consent agreements, issuance, expiration, and enforcement, so as to change the duration of temporary protective orders; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 294. By Senators Seabaugh of the 28th, Lee of the 29th, Brush of the 24th and Crotts of the 17th:
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 require the promulgation of rules and regulations to regulate in the public interest certain contracts and purchases on behalf of students in public elementary and secondary schools; to provide for the contents of such rules and regulations; to require certain bidding procedures, limitation of consideration to bids meeting specifications, award to the lowest responsible bidder, monitoring of compliance with the contract or bid, and certain contract provisions relating to failure to comply with bid prices; to require a standard or formula for determining the price in certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.
SB 295. By Senator Crotts of the 17th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of

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1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 296. By Senator Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Code Section 42-4-31 of the Official Code of Georgia Annotated, relating to required safety and security measures in jails, so as to provide that certain county jails shall be authorized to utilize a full-time dispatcher as a full-time jailer under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 297. By Senators Seabaugh of the 28th, Hamrick of the 30th, Mullis of the 53rd and Smith of the 52nd:
A BILL to be entitled an Act to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer and impersonating a law enforcement officer, so as to provide that the offense of fleeing or attempting to elude a police officer shall be a felony; to change the provisions relating to penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 298. By Senators Seabaugh of the 28th, Collins of the 6th, Tanksley of the 32nd and Starr of the 44th:
A BILL to be entitled an Act to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to require certain divorcing parents to participate in education classes that focus on the effect of divorce and separation on children; to provide for legislative findings; to provide for the types of persons who can provide the education; to provide for exceptions to the education classes; to provide for the Georgia Superior Court Clerks Cooperative Authority to collect and report statistical information; to change the time limit for granting a divorce on the grounds that the marriage is irretrievably broken; to provide for different time frames for granting divorce based on certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

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SB 299. By Senators Hamrick of the 30th and Tolleson of the 18th:
A BILL to be entitled an Act to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, security interests, and liens, so as to provide for penalties for acts without proof of fraudulent intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 300. By Senators Squires of the 5th, Mullis of the 53rd and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding regulation of alcoholic beverages, so as to provide for uniform procedures regarding local authorization of package sales of alcoholic beverages on Sunday; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 301. By Senators Levetan of the 40th, Adelman of the 42nd, Unterman of the 45th, Tate of the 38th, Jackson of the 50th and Fort of the 39th:
A BILL to be entitled an Act to amend Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plates for persons with disabilities, so as to provide that a person may obtain a special license plate for his or her parent; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 302. By Senators Levetan of the 40th, Adelman of the 42nd, Clay of the 37th, Henson of the 41st, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of parking for persons with disabilities, so as change the provisions relating to persons who are authorized to enforce restrictions on parking for persons with disabilities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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SB 303. By Senators Fort of the 39th, Reed of the 35th and Thomas of the 10th:
A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to require the State of Georgia and certain employers who contract with or receive financial assistance from the state or a state agency to pay their employees a living wage; to provide definitions; to provide the method of computing a living wage; to provide for notice requirements; to provide for record keeping; to prohibit employer retaliation; to authorize the Commissioner of Labor to enforce the provisions of this chapter; to authorize the Commissioner of Labor to adopt applicable rules; to provide for claims; to provide for penalties; 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 Insurance and Labor Committee.
SB 304. By Senators Fort of the 39th and Levetan of the 40th:
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 provide for legislative intent and definitions; to provide authority to the Department of Human Resources to administer a program for access to prescription drugs for older Georgians; to provide for contracts and other powers, duties, and functions; to provide for administering the funding for such a program from whatever source; to provide for the development of rules and regulations for such a program; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 305. By Senators Squires of the 5th, Smith of the 25th and Butler of the 55th:
A BILL to be entitled an Act to amend Code Section 47-2-99 of the Official Code of Georgia Annotated, relating to obtaining service and application for creditable service, so as to provide for current applicability of Code Section 472-99 to a member of the Employees Retirement System of Georgia such that such member may obtain creditable service for prior service as a temporary full-time employee; to provide for restrictions; 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.

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983

SB 306. By Senator Lee of the 29th:
A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to repeal certain provisions relating to the Georgia Courts Automation Commission; to provide for the Courts Technology Advisory Board and its members, purpose, powers, duties, rules, and staff; to provide for an advisory council to such board; to change certain provisions relating to duties of superior court clerks generally, use of computerized record-keeping systems, and printed copies of grantor and grantee indices; to change certain provisions relating to development, operation, and funding of a civil case information system; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
SB 307. By Senator Lee of the 29th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the officers of the Department of Transportation, so as to provide that the commissioner of transportation shall have the authority to appoint and employ investigators; to provide for powers of such investigators; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SB 308. By Senator Dean of the 31st:
A BILL to be entitled an Act to amend an Act creating the Joint CartersvilleBartow County Regional Industrial Development Authority, approved April 25, 2002 (Ga. L. 2002, p. 4364), so as to change certain provisions relating to tax exemptions; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 309. By Senators Jackson of the 50th, Levetan of the 40th, Zamarripa of the 36th, Adelman of the 42nd, Unterman of the 45th and Squires of the 5th:
A BILL to be entitled an Act to amend Chapter 15 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Street Gang Terrorism and Prevention Act," so as to change certain definitions; to prohibit participation in a criminal street gang through committing one or more of certain offenses; to

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provide for the admissibility of certain evidence at trial; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 310. By Senators Squires of the 5th, Butler of the 55th, Unterman of the 45th, Henson of the 41st, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally, so as to define certain terms; to provide for other circumstances that would allow property to be declared unfit pursuant to an ordinance adopted by a county or municipality; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.

SB 311. By Senators Squires of the 5th, Butler of the 55th, Unterman of the 45th, Henson of the 41st, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property generally, so as to create the crime of possession of tools for committing the crimes of criminal trespass and criminal damage to property in the second degree; to change the penalty provisions relating to the offenses of criminal trespass and criminal damage to property in the second degree; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.

SB 312. By Senators Squires of the 5th, Butler of the 55th, Unterman of the 45th, Balfour of the 9th, Thomas of the 54th and Jackson of the 50th:
A BILL to be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to authorize counties and municipalities to establish programs for compensation to owners and operators of property which is damaged by graffiti; to provide that such compensation may be in the form of cash compensation or services or materials or a combination thereof; to provide for the establishment of such programs by ordinance; to authorize the Department of Community Affairs to provide

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985

assistance and to authorize the funding of grants; to authorize the requirement of restitution in criminal sentences; 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.
SB 313. By Senators Squires of the 5th, Butler of the 55th, Unterman of the 45th, Balfour of the 9th, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Title 17 of the O.C.G.A., relating to criminal procedure, so as to authorize counties and municipalities to establish programs for compensation to owners of property which is damaged by graffiti; to provide the manner of compensation; to authorize the requirement of restitution in criminal sentences; to provide for use of inmate labor to remove certain graffiti from private property as a form of compensation to innocent victims of criminal trespass or criminal damage to property in the second degree; to amend Title 42 of the O.C.G.A., relating to penal institutions, so as to change certain provisions relating to use of inmates for private gain; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SR 262. By Senators Henson of the 41st, Levetan of the 40th and Unterman of the 45th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for a special license plate promoting charitable organizations; to provide for the donation of revenue derived from the sales of such license plates; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Rules Committee.
SR 265. By Senators Shafer of the 48th, Price of the 56th, Smith of the 52nd, Thomas of the 54th, Hudgens of the 47th and others:
A RESOLUTION urging the United States Senate to confirm the nomination of Miguel A. Estrada to the United States Court of Appeals for the District of Columbia Circuit; and for other purposes.
Referred to the Rules Committee.

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SR 266. By Senators Shafer of the 48th, Williams of the 19th, Smith of the 52nd, Thomas of the 54th, Mullis of the 53rd and others:
A RESOLUTION urging the United States Senate to pass and the President of the United States to sign legislation that bans human cloning; and for other purposes.
Referred to the Rules Committee.

SR 271. By Senators Clay of the 37th and Johnson of the 1st:
A RESOLUTION creating the Joint Port Authority for the Port of Savannah Study Committee; and for other purposes.
Referred to the Interstate Cooperation Committee.
SR 273. By Senators Price of the 56th, Johnson of the 1st, Balfour of the 9th, Seabaugh of the 28th, Williams of the 19th and others:
A RESOLUTION establishing the Senate Commission on Georgia State Government Cost Control and the Senate Private Sector Advisory Committee on Georgia State Government Cost Control; and for other purposes.
Referred to the Rules Committee.
SR 276. By Senators Balfour of the 9th, Bulloch of the 11th, Hamrick of the 30th, Thomas of the 54th, Mullis of the 53rd and others:
A RESOLUTION urging the Federal Energy Regulatory Commission not to adopt its proposed rules for Standard Market Design of electricity markets; urging Congress to take such steps as are necessary to assure that the Federal Energy Regulatory Commission not adopt its proposed rules for Standard Market Design; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SR 277. By Senators Shafer of the 48th, Kemp of the 46th, Tanksley of the 32nd, Blitch of the 7th, Kemp of the 3rd and Smith of the 25th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the election of judges of the probate court on a nonpartisan basis; to provide

TUESDAY, MARCH 25, 2003

987

for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SR 281. By Senators Collins of the 6th, Price of the 56th, Tate of the 38th, Johnson of the 1st, Fort of the 39th and Stephens of the 51st:
A RESOLUTION creating the Senate Study Committee on the Implementation of Children and Youth Services Improvement Plans; 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 90. By Representatives Boggs of the 145th, Bordeaux of the 125th and Moraitakis of the 42nd, Post 4:
A BILL to amend Code Section 15-2-8 of the Official Code of Georgia Annotated, relating to the powers of the Supreme Court generally, so as to provide for submission of each state bar applicant's fingerprints for a national check for criminal convictions; and for other purposes.
Referred to the Judiciary Committee.
HB 215. By Representatives Golick of the 34th, Post 3, Harbin of the 80th and Maddox of the 59th, Post 2:
A BILL to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide definitions; to provide for the use of credit and credit scoring information in underwriting or rating risks by insurance companies; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 512. By Representatives Keen of the 146th, Smith of the 129th, Post 2, Williams of the 128th and Mosley of the 129th, Post 1:
A BILL to amend an Act placing the Sheriff of Glynn County on an annual salary, so as to authorize the appointment of an undersheriff; to provide for the qualifications of the undersheriff; to provide that the undersherriff shall

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succeed to the office of sheriff upon vacancy in said office; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 544. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-7-103 of the Official Code of Georgia Annotated, relating to quarterly, monthly, and jeopardy returns, so as to increase the threshold for filing monthly returns; and for other purposes.
Referred to the Finance Committee.
HB 550. By Representatives O`Neal of the 117th and Richardson of the 26th:
A BILL to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for multiyear lease, purchase, or lease purchase contracts with respect to benefits based funding projects; and for other purposes.
Referred to the Finance Committee.
HB 674. By Representatives Forster of the 3rd, Post 1, Ralston of the 6th and White of the 3rd, Post 2:
A BILL to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, so as to stagger the terms of the members of the board of commissioners of Fannin County; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 682. By Representatives Amerson of the 9th and Ralston of the 6th:
A BILL to create a Board of Elections and Registration of Lumpkin County; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HR 88. By Representatives Day of the 126th, Stephens of the 123rd, Bordeaux of the 125th and Purcell of the 122nd:
A RESOLUTION designating the Jim Gillis-Historic Savannah Parkway; and

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989

for other purposes.
Referred to the Transportation Committee.
HR 104. By Representatives Howard of the 98th, Coleman of the 118th, Murphy of the 97th, Warren of the 99th, Childers of the 13th, Post 1 and others:
A RESOLUTION recognizing and commending Honorable Jack Connell and designating the Jack Connell Parkway; and for other purposes.
Referred to the Transportation Committee.
HR 129. By Representatives Mosley of the 129th, Post 1, Barnard of the 121st, Post 1, DeLoach of the 127th, Smith of the 129th, Post 2 and Oliver of the 121st, Post 2:
A RESOLUTION designating the Shelton Isaiah DeLoach Memorial Bridge; and for other purposes.
Referred to the Transportation Committee.
HR 131. By Representatives Mosley of the 129th, Post 1, Barnard of the 121st, Post 1, DeLoach of the 127th, Smith of the 129th, Post 2 and Oliver of the 121st, Post 2:
A RESOLUTION designating SR 196 in Long County as Albert Shelton Swindell Memorial Highway; 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:
HB 347 Do Pass by substitute
Respectfully submitted, Senator Bulloch of the 11th District, Chairman

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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 recommendations:

HB 314 SB 8 SB 247

Do Pass Do Pass Do Pass

Respectfully submitted, Senator Hill of the 4th District, Chairman

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:

SR 234 Do Pass

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

Mr. President:

The Interstate Cooperation 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 240 Do Pass

Respectfully submitted, Senator Clay of the 37th 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 119 SB 133 SB 225

Do Pass by substitute Do Pass by substitute Do Pass

SB 234 SB 235

Do Pass Do Pass

Respectfully submitted, Senator Tanksley of the 32nd District, Chairman

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991

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:

HB 157 SB 172 SB 246

Do Pass Do Pass by substitute Do Pass

Respectfully submitted, Senator Gillis of the 20th 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:

SB 93

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 recommendations:

HB 312 HB 317 HB 391 HB 592

Do Pass Do Pass Do Pass Do Pass

SB 154 SB 222 SB 258

Do Pass Do Pass Do Pass as amended

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:

HR 106 Do Pass

SR 66

Do Pass

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HR 213 SB 250 SB 256 SR 23

Do Pass Do Pass Do Pass Do Pass

SR 67 SR 69 SR 229

Do Pass Do Pass Do Pass

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

The following legislation was read the second time:

HB 307 SB 13 SB 55

SB 113 SB 116 SB 125

SB 147 SB 157 SB 168

SB 174 SB 192

SB 200 SB 201

SB 214 SB 255

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 Hooks of the 14th asked unanimous consent that Senator Kemp of the 3rd be excused. The consent was granted, and Senator Kemp was excused.

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

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

Hamrick Harbison Harp Hill 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 Tanksley Tate Thomas,D Thomas,N Thomas,R Thompson Tolleson Unterman Williams

Those not answering were Senators:

Adelman Stokes

Henson (Excused) Zamarripa

Kemp, R. (Excused)

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993

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 Clay of the 37th introduced the chaplain of the day, Rabbi Ephraim Silverman of Marietta, Georgia, who offered scripture reading and prayer.
Senators Zamarripa of the 36th and Kemp of the 46th introduced Dr. Jim Ledbetter of the Carl Vinson Institute, who addressed the Senate briefly. Dr. Ledbetter introduced Political Science Professors from China, who are affiliated with the Carl Vinson Institute.
Senator Jackson of the 50th introduced the Honorable Jeanette Jamieson, commended by SR 216, adopted previously.
Senator Adelman of the 42nd introduced the doctor of the day, Dr. Bill Sexson.
The following resolutions were read and adopted:
SR 257. By Senator Hooks of the 14th:
A RESOLUTION commending Frank F. Thach, Jr.; and for other purposes.
SR 259. By Senators Shafer of the 48th, Price of the 56th and Moody of the 27th:
A RESOLUTION commending, congratulating, and saluting the City of Alpharetta; and for other purposes.
SR 260. By Senator Shafer of the 48th:
A RESOLUTION commending, congratulating, and saluting the City of Duluth; and for other purposes.
SR 261. By Senator Moody of the 27th:
A RESOLUTION commending Daniel C. Yeager; and for other purposes.
SR 263. By Senators Hamrick of the 30th, Harp of the 16th, Kemp of the 46th, Harbison of the 15th and Hooks of the 14th:
A RESOLUTION commending Ashley Snell Chaplin as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.

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SR 264. By Senators Hamrick of the 30th, Harp of the 16th, Kemp of the 46th, Cheeks of the 23rd and Hall of the 22nd:
A RESOLUTION commending Kay T. Hlaing as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 267. By Senators Shafer of the 48th, Price of the 56th, Cagle of the 49th, Mullis of the 53rd, Tanksley of the 32nd and Stephens of the 51st:
A RESOLUTION celebrating the birth of Hugh Hayes Pope; and for other purposes.
SR 268. By Senators Meyer von Bremen of the 12th and Hooks of the 14th:
A RESOLUTION to commend William R. "Bill" Kicklighter; and for other purposes.
SR 269. By Senator Dean of the 31st:
A RESOLUTION commending and congratulating Kenneth Gravett; and for other purposes.
SR 270. By Senators Tanksley of the 32nd, Clay of the 37th, Thompson of the 33rd, Lamutt of the 21st, Collins of the 6th and Tate of the 38th:
A RESOLUTION commending the Whitefield Academy boys' basketball team; and for other purposes.
SR 272. By Senator Harbison of the 15th:
A RESOLUTION commending Ms. Amanda Nesbitt; and for other purposes.
SR 274. By Senator Jackson of the 50th:
A RESOLUTION recognizing New Holland Baptist Church on its onehundredth anniversary; and for other purposes.
SR 275. By Senator Jackson of the 50th:
A RESOLUTION commending the Gainesville High School Red Elephants football team; and for other purposes.

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995

SR 278. By Senators Stokes of the 43rd, Adelman of the 42nd and Balfour of the 9th:
A RESOLUTION commending the members of the Georgia Optometric Association; and for other purposes.
SR 279. By Senators Brush of the 24th and Hudgens of the 47th:
A RESOLUTION commending the Thomson High School football team; and for other purposes.
SR 280. By Senator Jackson of the 50th:
A RESOLUTION commending the Gainesville High School Lady Red Elephants basketball team on their state championship season; and for other purposes.
SR 282. By Senator Jackson of the 50th:
A RESOLUTION expressing regret at the passing of Neil Little Pruitt, Sr.; and for other purposes.
SR 283. By Senator Lee of the 29th:
A RESOLUTION commending Marshal Ruben H. Hairston; and for other purposes.
SR 284. By Senator Lee of the 29th:
A RESOLUTION commending the LaGrange Personal Aid Association, Inc.; and for other purposes.
SR 286. By Senators Thompson of the 33rd and Meyer von Bremen of the 12th:
A RESOLUTION commending the chiropractic profession and recognizing Chiropractic Day in Georgia; 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 25, 2003 Twenty-eighth Legislative Day

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

SB 154

Squires of the 5th Balfour of the 9th Levetan of the 40th Henson of the 41st Unterman of the 45th Shafer of the 48th Butler of the 55th GWINNETT COUNTY

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.

SB 222

Collins of the 6th Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Clay of the 37th Tate of the 38th COBB COUNTY

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 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.

HB 312

Crotts of the 17th Smith of the 25th Unterman of the 45th WALTON COUNTY

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997

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

Crotts of the 17th Smith of the 25th Unterman of the 45th WALTON COUNTY

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.

HB 391

Johnson of the 1st Kemp of the 3rd GLYNN COUNTY

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.

HB 592

Smith of the 25th CITY OF MONROE

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.

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
Brown Y Brush Y Bulloch
Butler

Y Harbison Y Harp E Henson Y Hill
Hooks Y Hudgens Y Jackson Y Johnson

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

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

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 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 local legislation, the yeas were 47, 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:

3/25/03

Please record my vote on the Local Calendar as Yes.

/s/ Robert Brown

SENATE RULES CALENDAR TUESDAY, MARCH 25, 2003 TWENTY-EIGHTH LEGISLATIVE DAY

SB 207

Timber harvesting operations; local regulatory authority (Substitute) (NR&E-9th)

(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 24, 2003.)

SB 217

Civil Actions; class actions; comprehensive revisions (I&L-1st)

SB 213

Fireworks, pyrotechnics; public displays; proximate audience; site permits, licensure (Substitute)(PS&HS-28th)

SB 221

State Road and Tollway Authority; limit use and disposition of toll revenues (TRANS-56th)

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999

SB 2

Senatorial Districts; composition; number; apportionment

(Substitute)(R&R-51st)

SB 182

Nuisance abatement liens; collection procedures; foreclosures (Substitute)(FIN-12th)

SB 1

Cruelty to Children; endangering a child in the 2nd degree; criminal

negligence (Substitute)(JUDY-12th)

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, March 24, 2003, pursuant to Senate Rule 143, and placed on the Senate Calendar for today, was continued upon its passage:

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.

The substitute offered by Senator Balfour of the 9th, et al. as it appears in the Journal of Monday, March 24, 2003, was automatically reconsidered.

Senator Unterman of the 45th offered the following amendment #1:

Amend the substitute to SB 207 by striking the word "The" (page 2 line 7 after (B) and inserting "Any".

On the adoption of the amendment, the yeas were 35, nays 0, and the Unterman amendment #1 to the Balfour substitute was adopted.

Senator Unterman of the 45th offered the following amendment #2:

Amend the substitute to SB 207 by striking the word "The" (page 2 line 1 after (4) (A) and inserting "Any".

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On the adoption of the amendment, the yeas were 36, nays 0, and the Unterman amendment #2 to the Balfour, et al. substitute was adopted.

Senators Thompson of the 33rd and Unterman of the 45th offered the following amendment #3:

Amend the substitute to SB 207 by adding on line 5 of page (2) between the words zoned and or; the word, 'For.'

On the adoption of the amendment, the yeas were 40, nays 0, and the Thompson, Unterman amendment #3 to the Balfour, et al. substitute was adopted.

On the adoption of the substitute, the yeas were 40, nays 0, and the Balfour, et al. substitute was adopted as amended.

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
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 Y Harp E Henson 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 Seay 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 51, nays 0.

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

TUESDAY, MARCH 25, 2003

1001

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 551. By Representatives O`Neal of the 117th and Richardson of the 26th:
A BILL to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary scholarships, loans, and grants, so as to change certain provisions regarding the Georgia Student Finance Commission and the Georgia Student Finance Authority; to change certain provisions regarding the board of commissioners of the commission; to change certain provisions regarding the board of directors of the authority; and for other purposes.
The Calendar was resumed.
The following legislation was read the third time and put upon its passage:
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.
Senators Harp of the 16th, Lamutt of the 21st and Johnson of the 1st offered the following amendment:
Amend SB 217 by striking from lines 6 through 11 of page 6 the following:
"merits, except that the trial court shall at all times prior to entry of a final order retain jurisdiction to revisit the certification issues upon motion of a party and to order decertification of the class if during the litigation of the case it shall become evident to the court that the action is no longer reasonably maintainable as a class action pursuant to the factors enumerated in subsection (b) of Code Section 9-11-23.'"

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and inserting in their place the following: "merits. Such certification shall constitute a final and binding determination with respect to that class for the remainder of the adjudication of the action.'"

On the adoption of the amendment, the yeas were 33, nays 0, and the Harp, et al. amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 N Blitch 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 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 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
Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 2.

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

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

TUESDAY, MARCH 25, 2003

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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.
The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 213:
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 for licensure; to require a permit for a fireworks display before a proximate audience; to provide for a license fee; to provide for penalties; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to fireworks, is amended by striking in its entirety Code Section 25-10-1, relating to definitions, and inserting in lieu thereof the following:
"25-10-1. As used in this chapter, the term:
(1) 'fireworks' 'Fireworks' means any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, balloons requiring fire underneath to propel them, firecrackers, torpedos, skyrockets, Roman candles, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance. The term 'fireworks' shall not include model rockets and model rocket engines, designed, sold, and used for the purpose of propelling recoverable aero models, toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap nor toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes.

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(2) 'Proximate audience' means an audience closer to pyrotechnic devices than permitted by the National Fire Protection Association Standard 1123, Code for Fireworks Display, as adopted by the Safety Fire Commissioner. (3) 'Pyrotechnics' means fireworks."
SECTION 2. Said chapter is further amended by inserting immediately following Code Section 25-103.1 a new Code Section 25-10-3.2 to read as follows:
"25-10-3.2. (a) No person, firm, corporation, association, or partnership shall cause the combustion, explosion, deflagration, or detonation of pyrotechnics for the purpose of a public exhibition or display before a proximate audience unless such person, firm, corporation, association, or partnership holds a valid license issued by the Safety Fire Commissioner in accordance with the provisions of this Code section. Any application for such a license shall be made to the Safety Fire Commissioner in the form prescribed by the Safety Fire Commissioner. (b) All applicants must meet the following requirements for licensure:
(1) The applicant shall submit to the Safety Fire Commissioner proof of a valid comprehensive liability insurance policy purchased from an insurer authorized to do business in Georgia. The coverage must include bodily injury and property damage, products liability, completed operations, and contractual liability. The proof of insurance must also be provided before any license can be renewed. The minimum amount of said coverage shall be $1 million or such other amount as specified by the Safety Fire Commissioner. An insurer that provided such coverage shall notify the Safety Fire Commissioner of any change in coverage; (2) The applicant shall pay the required licensing fee as prescribed in Code Section 25-10-5; and (3) The applicant shall comply with all rules and regulations promulgated by the Safety Fire Commissioner pursuant to this chapter. (c) Any violation of this chapter shall be grounds for revocation or denial of licensure to conduct pyrotechnic displays."
SECTION 3. Said chapter is further amended by striking Code Section 25-10-4, relating to the requirement of a permit for conduct of a fireworks display, and inserting in lieu thereof the following:
"25-10-4. (a) Any person, firm, corporation, association, or partnership desiring to conduct a public exhibition or display of fireworks not before a proximate audience shall first obtain a permit from the judge of the probate court of the county in which the public exhibition or display is to be held. Application for a permit must be made in writing and filed with the judge not less than ten days prior to the date of the proposed public

TUESDAY, MARCH 25, 2003

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exhibition or display of fireworks. Fireworks distributors located outside this state shall obtain display permit application forms and provide the same to applicants upon request. The judge may grant a permit for the display on the following conditions:
(1) That the display be conducted by a competent operator approved by the judge; (2) That the display shall be of such character as in the opinion of the judge will not be hazardous to persons or property; and (3) That the local fire official responsible for the area in question certifies in writing that the site for the display meets his or her approval and is in compliance with all applicable codes; and (3)(4) That the application be accompanied by a bond in the principal sum of $10,000.00, payable to the county in which the display is being held and conditioned for the payment of damages which may be caused either to persons or to property by reason of the display or, alternatively, that the application be accompanied by evidence that the applicant carries proper liability insurance for bodily injury in the amount of not less than $25,000.00 for each person and $50,000.00 for each accident and for property damage in the amount of not less than $25,000.00 for each accident and $50,000.00 aggregate, with an insurance company duly licensed by the Commissioner of Insurance. (b) Any person, firm, corporation, association, or partnership desiring to conduct a public exhibition or display of fireworks before a proximate audience shall first obtain a permit from the judge of the probate court of the county in which the public exhibition or display is to be held. Application for a permit must be made in writing and filed with the judge not less than ten days prior to the date of the proposed public exhibition or display of fireworks. Such application must contain the license number issued by the Safety Fire Commissioner for the person, firm, corporation, association, or partnership that will cause the combustion, explosion, deflagration, or detonation of pyrotechnics at the public exhibition or display. Fireworks distributors located outside this state shall obtain display permit application forms and provide the same to applicants upon request. The judge may grant a permit for the display on the following conditions: (1) That the display be conducted by a competent operator approved by the judge; (2) That the display shall be of such character as in the opinion of the judge will not be hazardous to persons or property; (3) That the local fire official responsible for the area in question certifies in writing that the site for the display meets his or her approval and is in compliance with all applicable codes; and (4) That the application be accompanied by a bond in the principal sum of $10,000.00, payable to the county in which the display is being held and conditioned for the payment of damages that may be caused either to persons or to property by reason of the display or, alternatively, that the application be accompanied by evidence that the applicant carries property liability insurance for bodily injury in the amount of not less than $25,000.00 for each person and $50,000.00 for each accident and for property damage in the amount of not less than $25,000.00 for each accident

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and $50,000.00 aggregate, with an insurance company duly licensed by the Commissioner of Insurance. (c) No permit, as provided for in subsections (a) and (b) of this Code section, shall be granted unless the applicant has met all the requirements of and is in full compliance with the rules and regulations promulgated by the Safety Fire Commissioner pursuant to this chapter. (b)(d) The permit provided for in subsection (a) or (b) of this Code section shall be limited to the time specified therein, such time not to exceed a two-week period. The permit shall not be transferable. In the event any fireworks bought and possessed under this Code section are not used by the licensee or in the event that there is a surplus or excess after the two-week period expires, it shall be the duty of the licensee to return such fireworks to a facility approved in accordance with Code Section 25-10-3.1 and the rules and regulations promulgated by the Safety Fire Commissioner. Fireworks stored in accordance with Code Section 25-10-3.1 and regulations shall not be deemed contraband and shall not be subject to seizure. (c)(e) The judge of the probate court shall receive $10.00 for his or her services in granting or refusing the original permit and $1.00 for each copy issued, to be paid by the applicant. The judge of the probate court shall provide the Safety Fire Commissioner a copy of each permit granted prior to the proposed date of the public exhibition or display."
SECTION 4. Said chapter is further amended by striking Code Section 25-10-5, relating to the license fee for manufacture, storage, and transportation of fireworks, and inserting in lieu thereof the following:
"25-10-5. The annual license fee for any person, firm, or corporation conducting business in this state under paragraph (4) of Code Section 25-10-3 or storing fireworks under Code Section 25-10-3.1 or conducting pyrotechnic displays under Code Section 25-10-3.2 shall be $1,000.00 per year, payable to the Safety Fire Commissioner. The license shall expire on December 31 of each year. The Safety Fire Commissioner is authorized and directed to promulgate safety regulations relating to the manufacture, storage, and transportation of fireworks within this state in order to ensure the adequate protection of the employees of any such person, firm, or corporation and of the general public. The Safety Fire Commissioner is also authorized and directed to promulgate safety regulations relating to the public exhibition or display of pyrotechnics and the licensing requirements of those conducting such public exhibitions or displays, as he or she deems necessary. The Safety Fire Commissioner is further authorized and directed to conduct periodic inspections of the facilities of any person, firm, or corporation manufacturing, storing, and transporting fireworks as provided in paragraph (4) of Code Section 25-10-3 or as provided in Code Section 25-10-3.1 in order to ensure compliance with fire safety rules and regulations."

TUESDAY, MARCH 25, 2003

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SECTION 5. Said chapter is further amended by striking Code Section 25-10-8, relating to penalties, and inserting in lieu thereof the following:
"25-10-8. (a) Any person, firm, corporation, association, or partnership that violates Code Section 25-10-3.2 shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both. (b) Any person, firm, corporation, association, or partnership who or which that violates any other provision of this chapter shall be guilty of a misdemeanor."
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 41, 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
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 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 Moody Y Mullis

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires
Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N
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 passage of the bill, the yeas were 52, nays 0.

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

The following communication was received by the Secretary:

Georgia State Senate 3/25/03

I should record a yes vote on SB 213.

/s/ Seth Harp

The Calendar was resumed.

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.

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 Y Bowen Y Brown Y Brush Y Bulloch

Y Harbison Harp
E Henson Y Hill Y Hooks Y Hudgens Y Jackson

Y Seay Y Shafer N Smith,F Y Smith,P Y Squires
Starr Y Stephens

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1009

N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

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 Stokes Y Tanksley Y Tate Y Thomas,D N 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 4.

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

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.

The Senate Reapportionment and Redistricting Committee offered the following substitute to SB 2:

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 the election of Senators; to provide when the Senators elected shall take office; to provide for the continuation of present senatorial 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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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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, is amended in subsection (a) of Code Section 28-2-2, relating to apportionment and qualifications for the Senate, by striking the description of senatorial districts 1 through 56 immediately following the second sentence thereof and inserting in its place the description of senatorial districts 1 through 56 attached to this Act and made a part hereof and further identified as: "Plan Name: SENFAIR6 Plan Type: Senate User: staff Administrator: S029".
SECTION 2. Said chapter is further amended by striking subsection (c) of Code Section 28-2-2, relating apportionment and qualifications for the Senate, and inserting in its place a new subsection (c) to read as follows:
"(c) The first members of the Senate elected pursuant to this Code section shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 2003 2005. Until that time the membership of the Senate elected under prior law shall continue to serve and shall represent the districts from which elected; and until that time the composition of the districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective, however, for the primary and general elections of 2002 2004 for the purpose of electing members of the Senate in 2002 2004 who are to take office in 2003 2005. Successors to those members shall likewise be elected under the provisions of this Code section."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Plan Name: SENFAIR6 Plan Type: Senate User: staff Administrator: S029
Redistricting Plan Components Report
District 001 Bryan County
Chatham County Tract: 102 BG: 3 3000 3001 3004 3005 3006 3020 3021 Tract: 105.01

TUESDAY, MARCH 25, 2003
BG: 3 3016 3019 BG: 4 4010 4011 4012 4013 4015 4996 BG: 5 Tract: 105.02 BG: 1 1012 1013 1014 1015 1016 1017 1033 1034 1035 1999 BG: 2 2012 Tract: 107 BG: 1 1046 1047 1085 1086 1087 1147 1182 1183 1184 1185 1186 1187 1188 Tract: 108.01 BG: 1 1005 1021 1022 1025 1026 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1999 BG: 2 Tract: 108.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1036 1051 1055 1056 1058 1059 1061 1062 1064 1065 1066 1070 1071 1073 1074 1075 1076 1077 1078 1079 1997 1998 1999 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2040 2041 2042 2043 2044 2045 2046 2047 2048 2997 2998 2999 Tract: 108.03 BG: 1 1000 1001 1002 1003 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 BG: 2 2001 2003 2004 2005 2006 2007 2008 2009 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 BG: 3

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BG: 4 Tract: 108.04 BG: 1 BG: 2 BG: 3 BG: 5 5000 5001 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 Tract: 108.05 Tract: 109.01 BG: 3 3011 3998 Tract: 109.02 Tract: 110.02 Tract: 110.03 Tract: 110.04 Tract: 111.01 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5996 5997 5998 5999 Tract: 111.03 Tract: 111.04 Tract: 111.05 Tract: 29 Tract: 30 BG: 2 BG: 3 Tract: 34 BG: 3 BG: 4 BG: 5 BG: 6 Tract: 39 BG: 1 BG: 4 4000 4001 4002 4003 Tract: 40.01 BG: 2 BG: 3

TUESDAY, MARCH 25, 2003
BG: 4 BG: 5 Tract: 40.02 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 BG: 2 Tract: 41 Tract: 42.02 BG: 5 5000 BG: 6 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 BG: 7 7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7014 7015 7016 7017 7998 7999 BG: 9 9000 9003 9004 9005 9006 9007 9009 9996 9997 9998 9999 Tract: 42.06 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1997
Effingham County Tract: 303.01 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 BG: 2 Tract: 303.02 BG: 1 1103 1105 1106 1107 1108 1109 1110 1111 1112 BG: 3 3000 3001 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3993 3994 3995 3996 3997 3998 3999 Tract: 304 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071

1013

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JOURNAL OF THE SENATE

1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1998 1999 BG: 2 BG: 3 BG: 4
Liberty County Tract: 101 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9034 9035 9037 Tract: 102.01 BG: 1 1002 1003 1004 1005 1008 1009 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 BG: 2 Tract: 102.03 BG: 1 1018 1024 1025 1026 BG: 2 2024 2054 Tract: 103 BG: 1 1005 1006 1007 1008

District 002 Chatham County
Tract: 1 Tract: 101.01 Tract: 101.02 Tract: 102

TUESDAY, MARCH 25, 2003
BG: 1 BG: 2 BG: 3 3002 3003 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 Tract: 105.01 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3017 3018 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4014 4997 4998 4999 Tract: 105.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 Tract: 106.01 Tract: 106.03 Tract: 106.04 Tract: 106.05 Tract: 107 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161

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JOURNAL OF THE SENATE

1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 BG: 3 BG: 4 BG: 5 Tract: 108.01 BG: 1 1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1023 1024 1027 1042 1043 1044 1045 Tract: 108.02 BG: 1 1019 1020 1021 1034 1035 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1052 1053 1054 1057 1060 1063 1067 1068 1069 1072 1995 1996 BG: 2 2000 2039 Tract: 108.03 BG: 1 1004 BG: 2 2000 2002 2010 Tract: 108.04 BG: 4 BG: 5 5002 5003 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 Tract: 109.01 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3999 Tract: 11 Tract: 111.01 BG: 5 5015 5016 5017 5018 5019 5020 5021 5022 5023 5993 5994 5995 Tract: 12 Tract: 13 Tract: 15 Tract: 18 Tract: 19

TUESDAY, MARCH 25, 2003
Tract: 20 Tract: 21 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28 Tract: 3 Tract: 30 BG: 1 Tract: 32 Tract: 33.01 Tract: 33.02 Tract: 34 BG: 1 BG: 2 Tract: 35.01 Tract: 35.02 Tract: 36.01 Tract: 36.02 Tract: 37 Tract: 38 Tract: 39 BG: 2 BG: 3 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 Tract: 40.01 BG: 1 Tract: 40.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1023 1024 1025 1026 1027 1028 BG: 3 BG: 4 BG: 5 Tract: 42.02 BG: 1 BG: 2 BG: 3

1017

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JOURNAL OF THE SENATE

BG: 4 BG: 5 5001 5002 BG: 6 6000 6001 BG: 7 7000 7001 BG: 8 BG: 9 9001 9002 9008 Tract: 42.05 Tract: 42.06 BG: 1 1000 1001 1002 1003 1998 1999 Tract: 42.07 Tract: 42.08 Tract: 43 Tract: 44 Tract: 45 Tract: 6.01 Tract: 8 Tract: 9

District 003 Camden County
Tract: 102 BG: 3 3214 3225 Tract: 104 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1064 1065 1066 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1110 1111 1113 1114 1234 1240 1241 1242 1243 1244 1245 1246 1247 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1302 1303 1305 1308 1980 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1999

TUESDAY, MARCH 25, 2003
Tract: 105 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9013 9014 9015 9016 9017 9018 9994 9995 9996 9997 9998 9999 Tract: 106
Glynn County Tract: 1 Tract: 10 BG: 2 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2998 BG: 3 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3989 3990 3991 3992 3993 3994 3995 3996 BG: 4 BG: 5 Tract: 2 Tract: 3 Tract: 4.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1050 1051 1052 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2036 2037 2041 2043 2044 2045 2046 2047 2048 2087 2088 2089 2090 2091

1019

1020

JOURNAL OF THE SENATE

2092 Tract: 4.02 Tract: 5.01 Tract: 5.02 Tract: 6 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4995 4997 4998 4999 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5011 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5998 5999 Tract: 7 Tract: 8 Tract: 9
Liberty County Tract: 101 BG: 9 9029 9030 9031 9032 9033 9036 Tract: 102.01 BG: 1 1000 1001 1006 1007 1010 Tract: 102.02 Tract: 102.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1020 1021 1022 1023 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2999

TUESDAY, MARCH 25, 2003
Tract: 102.04 Tract: 103 BG: 1 1000 1001 1002 1003 1004 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 104 Tract: 105 Tract: 106-2
Long County
McIntosh County
District 004 Bulloch County
Candler County
Effingham County Tract: 301 Tract: 302.01 Tract: 302.02 Tract: 303.01 BG: 1 1000 1001 1002 Tract: 303.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1104 1113 1114 1115 1116 1117 1997 1998 1999 BG: 2

1021

1022

JOURNAL OF THE SENATE

BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3035 Tract: 304 BG: 1 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1059
Evans County
Jenkins County
Screven County
Tattnall County

District 005 DeKalb County
Tract: 211 Tract: 212.02 Tract: 212.04 BG: 1 1001 1002 Tract: 212.07 Tract: 212.08 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2042 2043 2044 2045 2046 2047 Tract: 212.09 Tract: 212.10 Tract: 212.11 Tract: 212.12 Tract: 212.13 Tract: 212.14 Tract: 213.01 Tract: 213.03 BG: 1 BG: 2 2002 2003 2004 2005 2006 2007 2008 2010 2011 2023 2024 2025 2026 2027 2028 2033

TUESDAY, MARCH 25, 2003
Tract: 213.04 BG: 1 1001 1002 1004 1005 1006 1007 1008 1009 1010 1012 1013 1014 1015 1016 1017 1018 BG: 2 BG: 3 3004 3005 3006 3010 3011 3012 3013 3014 3015 3016 3017 3018 Tract: 214.03 BG: 3 3009 3012 3013 3014 3015 3016 3017 3018 3019 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 Tract: 214.05 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2028 2029 2037 2038 2039 2040
Fulton County Tract: 100 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1012 BG: 4 4000 4001 4002 4003 4007 Tract: 101.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1999 BG: 2 Tract: 101.09 BG: 6 BG: 7 BG: 8 8004 8005 8006 8007 8008 8009 8010 8011 8012 8013 8014 8015 8016 8017 8018 8019 8020 8021 8022 8023 8024 8025 8026 8027 Tract: 101.10 Tract: 102.07 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 BG: 4 4000 4001 4018 4019 4020

1023

1024

JOURNAL OF THE SENATE

Gwinnett County Tract: 503.04 BG: 1 BG: 2 2018 Tract: 503.06 BG: 1 1017 1019 1020 1021 1022 1023 1024 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1999 BG: 2 Tract: 504.03 Tract: 504.10 BG: 1 BG: 4 4000 4004 4005 4006 4007 4008 4009 BG: 5 Tract: 504.11 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4012 4013 4014 4015 4016 4017 BG: 5 BG: 6 6005 6006 6007 6008 6009 6010 6011 Tract: 504.17 Tract: 504.19 BG: 1 BG: 2 2005 2006 2007 2008 2012 BG: 5 Tract: 504.20 BG: 2 Tract: 504.26 BG: 4 BG: 5 BG: 8 8003 8004

District 006 Cobb County
Tract: 302.08 Tract: 302.09

TUESDAY, MARCH 25, 2003
Tract: 302.10 Tract: 303.18 BG: 3 3002 3003 3004 3005 3014 3015 3016 3999 Tract: 303.33 BG: 1 1015 1016 1017 1018 1020 Tract: 303.38 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 BG: 4 4004 4007 4008 4009 4010 Tract: 304.01 Tract: 304.02 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 Tract: 304.04 Tract: 304.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1030 1031 1032 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 Tract: 304.06 BG: 1 BG: 2 BG: 3 3006 3007 3009 3010 BG: 4 4000 BG: 5 5001 5006 Tract: 305.04 BG: 1 1007 1008 1009 1010 1011 1012 Tract: 305.05

1025

1026

JOURNAL OF THE SENATE

BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 BG: 2 2000 2001 2002 2003 2007 2008 2009 2010 2011 2012 2013 2014 2016 2017 2018 2019 2021 2022 2023 2024 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 Tract: 307 BG: 1 1000 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 BG: 3 3000 3001 3002 3003 Tract: 308 BG: 1 BG: 2 BG: 3 3000 3001 3003 3004 3006 3020 3021 3022 3024 3025 3026 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3043 Tract: 309.01 BG: 1 1005 1006 1007 BG: 2 2005 2006 2007 2008 2009 2010 2011 2023 2024 2025 2027 2028 2030 2031 2999 BG: 4 4011 4014 Tract: 309.02 BG: 1 1019 1020 1021 1022 1023 BG: 2 2001 2002 2003 2007 2020 2021 2022 2023 2024 2025 2026 Tract: 309.04 BG: 2 2000 2013 2014 2015 BG: 3 BG: 4 Tract: 309.05 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Tract: 310.01

TUESDAY, MARCH 25, 2003
BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 2021 2022 2023 2024 2025 2026 2027 2028 2029 2032 BG: 9 Tract: 310.02 BG: 1 1000 1002 BG: 2 2000 2001 2002 2003 2004 2005 2006 2009 2010 2011 Tract: 311.01 BG: 1 1019 1020 BG: 2 Tract: 311.05 BG: 1 1049 1050 1051 1052 BG: 2 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Tract: 311.06 BG: 4 4018 4019 4020 Tract: 311.07 Tract: 311.08 Tract: 311.09 BG: 1 1000 1001 1002 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 BG: 2 Tract: 311.10 BG: 1 1000 1001 1002 1003 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 BG: 2 Tract: 311.11 Tract: 311.12 Tract: 312.02 BG: 3 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3038 3996 3997 3998

1027

1028

JOURNAL OF THE SENATE

BG: 4 BG: 5 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6047 6999 Tract: 312.03 BG: 1 1007 1010 1011 1012 1013 1014 1015 1016 1017 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 BG: 2 2016 2017 2018 2019 2022 2028 2029 2030 2031 2032 2033 2034 2036 2998 Tract: 312.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1048 1049 1050 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2029 2030 2031 2032 2033 2034 2035 2036 2045 2046 2047 2048 2049 2062 2063 2064 2065 Tract: 313.02 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4013 4016 4028 4032 BG: 5 5000 5001 5002 5014 5019 5020 5021 5998 5999 Tract: 313.06 BG: 1 1019 Tract: 313.07 BG: 1 1000 1001 1002 1003 1004 1006 BG: 2 BG: 3

District 007

TUESDAY, MARCH 25, 2003
Atkinson County
Bacon County
Berrien County
Brantley County
Camden County Tract: 101 Tract: 102 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3147 3148 3149 3150 3151 3152 3153 3154 3155 3156 3157 3158 3159 3160 3161 3162 3163 3164 3165 3166 3167 3168 3169 3170 3171 3172 3173 3174 3175 3176 3177 3178 3179 3180 3181 3182 3183 3184 3185 3186 3187 3188 3189 3190 3191 3192 3193 3194 3195 3196 3197 3198 3199 3200 3201 3202 3203 3204 3205 3206 3207 3208 3209 3210 3211 3212 3213 3215 3216 3217 3218 3219 3220 3221 3222 3223 3224 3226 3227 3228 3229 3230 3231 3232 3233 3234 3235 3236 3237 3238 3239 3240 3241 3242 3243 3244 3993 3994 3995 3996 3997 3998 3999 Tract: 103.01 Tract: 103.02 Tract: 104 BG: 1 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1067 1068 1069 1070 1103 1104 1105 1106 1107 1108 1109 1112 1115 1116 1117

1029

1030

JOURNAL OF THE SENATE

1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1235 1236 1237 1238 1239 1248 1249 1250 1251 1252 1301 1304 1306 1307 1981 1996 1997 1998 Tract: 105 BG: 9 9012
Charlton County
Clinch County
Cook County Tract: 9801 Tract: 9802 BG: 1 1000 1001 1002 1003 1999 Tract: 9803 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1054 1055 1056 1057 1058 1059
Echols County
Lanier County
Tift County Tract: 9906 BG: 4 4000 4001 4005 4006 4007 4018 4019 4020 4021 4022 4023 4024 4025 Tract: 9907 BG: 1 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032

TUESDAY, MARCH 25, 2003
1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 BG: 3 BG: 4 4037 4038 4039 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 Tract: 9909 BG: 1 1011 1012 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 BG: 2 2008 2009 2010 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2999 BG: 3
Ware County
District 008 Brooks County
Cook County Tract: 9802 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1994 1995 1996 1997 1998 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 9803 BG: 1 1008 1009 1010 1011 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053

1031

1032

JOURNAL OF THE SENATE

BG: 2 BG: 3 BG: 4 BG: 5 Tract: 9804
Lowndes County
Thomas County Tract: 9603 BG: 2 2043 2044 Tract: 9604 BG: 1 1000 1001 1002 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 Tract: 9605 BG: 1 1020 1021 1022 1023 1024 1025 1041 1042 1043 1044 1046 1050 1053 1054 1055 1057 1058 1059 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3024 3025 3026 3027 3028 3029 3999 Tract: 9606 Tract: 9607 BG: 2 BG: 3 BG: 4 BG: 5 BG: 6 Tract: 9608 Tract: 9609 Tract: 9610 BG: 2

TUESDAY, MARCH 25, 2003
2012 2013 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3032 3033 3034 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3998 3999 Tract: 9611 BG: 1 BG: 2 2000 2001 2002 2005 2006 2007 2008 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 BG: 3
District 009 Gwinnett County
Tract: 504.11 BG: 1 BG: 3 BG: 6 6000 6001 6002 6003 6004 Tract: 504.15 BG: 1 1003 BG: 2 2009 Tract: 504.23 BG: 1 Tract: 504.25 Tract: 504.26 BG: 6 BG: 7 BG: 8 8000 8001 8002 BG: 9 Tract: 504.27 Tract: 504.28

1033

1034

JOURNAL OF THE SENATE

Tract: 504.29 Tract: 504.30 BG: 3 3000 3001 3002 3003 3008 3009 3010 3011 3012 3013 3014 3015 3016 BG: 5 5013 5014 5999 Tract: 505.07 BG: 2 2006 2007 2008 2009 2014 2015 2016 2017 2018 2019 Tract: 505.15 Tract: 505.16 Tract: 505.17 BG: 1 1000 1001 1002 BG: 3 Tract: 505.18 BG: 3 BG: 4 Tract: 505.19 BG: 4 BG: 5 BG: 7 7010 7011 7013 Tract: 505.20 BG: 1 BG: 2 2033 2034 2035 Tract: 505.21 Tract: 505.22 Tract: 507.04 BG: 1 1000 1001 1002 1005 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1072 1073 1074 1075 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1092 1093 1094 1095 1096 1097 BG: 2 2000 2001 2002 2003 2004 2005 2006 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 3 BG: 4 4009 4010 4011 4012 Tract: 507.05

TUESDAY, MARCH 25, 2003
BG: 1 1017 1018 1019 Tract: 507.12 Tract: 507.13 Tract: 507.14 Tract: 507.15 Tract: 507.18 Tract: 507.19 Tract: 507.20 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 BG: 3 BG: 4 Tract: 507.21
District 010 Clayton County
Tract: 403.04 BG: 1 BG: 2 2000 2001 2002 2003 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 BG: 3 3009 3010 3011 3012 3013 Tract: 403.05 BG: 1 BG: 2 BG: 3 3014 3015 3019 3020 3023 3024 3025 Tract: 404.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 BG: 3 3005 3006 Tract: 404.06 BG: 1 BG: 2 2000 2001 2002 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 BG: 9

1035

1036

JOURNAL OF THE SENATE

9000 9001 9002 9003 9004 9005 9006 9008 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 Tract: 404.07 Tract: 404.08 Tract: 404.09 Tract: 404.10 BG: 9 9000 9001 9002 9003 9004 9005 9006 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9023 9024 9026 9027 9028 9029 9030 9031 9032 9033 9034 9035 9036 9037 9038 9039 9040 9041 9042 9043 9044 9045 9046 9047 9048 9049 9050 9051 9052 9053 9054 9055 9056 9057 Tract: 404.11 Tract: 404.12 Tract: 404.13 Tract: 406.09 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1997 1999 BG: 2 BG: 3 Tract: 406.10 BG: 1 BG: 2 2019 2020 2031 2032 Tract: 406.11 Tract: 406.12 BG: 3 3000 3001 3002 3003 3004 3005 3006 BG: 4
DeKalb County Tract: 205 Tract: 206 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1019 BG: 2 Tract: 209 Tract: 234.04 BG: 1 BG: 2 BG: 3

TUESDAY, MARCH 25, 2003
3020 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 BG: 5 5000 5001 5005 5006 5007 5008 Tract: 234.05 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4997 4998 Tract: 234.10 Tract: 234.11 Tract: 234.12 Tract: 234.13 Tract: 234.14 BG: 1 1011 1012 1013 1014 Tract: 234.15 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1997 1998 BG: 2 2997 2998 2999 BG: 3 BG: 4 Tract: 236.02 BG: 2 2009 Tract: 236.03 BG: 5 5006 5007 5008 5010 5011 5012 5013 5014 5015 5017 5018 Tract: 237 Tract: 238.02 BG: 3 3000 Tract: 238.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1999 BG: 3

1037

1038

JOURNAL OF THE SENATE

3000 3001 3002 3003 3005 3006 3007 3008 BG: 4

District 011 Colquitt County
Decatur County
Early County Tract: 9902 BG: 3 3012 3013 3014 3015 3016 3017 3018 3998 Tract: 9903 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1048 1049 1054 1055 1056 1998 1999 BG: 2 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2996 2997 2998 2999 Tract: 9904 BG: 1 1023 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1046 1998 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 BG: 3 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 Tract: 9905
Grady County
Miller County
Mitchell County Tract: 9802 BG: 1

TUESDAY, MARCH 25, 2003
1009 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1032 1033 1034 1035 1036 1037 1038 1039 1040 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2058 2997 2998 2999 BG: 3 BG: 4 Tract: 9803 BG: 1 1043 1044 1045 1046 1047 1050 1051 1052 BG: 2 2014 2015 2016 2017 2018 2020 Tract: 9804 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4024 4025 4026 4027 4033 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 Tract: 9805
Seminole County
Thomas County Tract: 9601 Tract: 9602 Tract: 9603 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2045 Tract: 9604 BG: 1

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JOURNAL OF THE SENATE

1003 1004 1005 1021 BG: 2 2018 Tract: 9605 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1045 1047 1048 1049 1051 1052 1056 1060 1061 1062 1063 1064 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3022 3023 3030 3031 3032 3998 Tract: 9607 BG: 1 Tract: 9610 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2014 2015 2016 2017 BG: 3 3000 3001 3002 3003 3004 3005 3030 3031 3035 3036 3037 3038 3039 Tract: 9611 BG: 2 2003 2004 2009 2010 2012

District 012 Baker County
Calhoun County
Clay County
Dougherty County Tract: 1 Tract: 10 Tract: 101 Tract: 103.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1997

TUESDAY, MARCH 25, 2003
1999 Tract: 103.02 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 Tract: 104.01 Tract: 104.02 Tract: 104.03 Tract: 105 Tract: 106.01 Tract: 106.02 Tract: 107 Tract: 108 Tract: 109 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2009 2010 2011 2998 2999 BG: 3 Tract: 11 Tract: 111 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 Tract: 12 Tract: 13 Tract: 14.01 Tract: 14.02 Tract: 15 Tract: 2 Tract: 3 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1024 1025 1026 1027 1028 1031 1032 1033 1034 1035 1036 1995 1996 Tract: 4 Tract: 5 Tract: 6

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JOURNAL OF THE SENATE

Tract: 8 Tract: 9
Early County Tract: 9901 Tract: 9902 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3999 BG: 4 Tract: 9903 BG: 1 1000 1001 1002 1003 1004 1005 1006 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1050 1051 1052 1053 1057 1058 1059 1060 1061 1062 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Tract: 9904 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 1045 1999 BG: 2 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
Lee County Tract: 203 BG: 4 4008 4009 4010 4012 4013 4016 4017 4018 4019 4020 4021 4022 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4043 4050 4051 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4100 4101 4103 4104 4105 4106 4990 4991 4992 4993 4994 4995 4996 4997 4998 4999

TUESDAY, MARCH 25, 2003
BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5017 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5053 5054 5989 5990 5991 5992 5993 5995 5996 5997 5998 5999 Tract: 204 BG: 3
Mitchell County Tract: 9801 Tract: 9802 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1010 1011 1012 1013 1014 1028 1029 1030 1031 BG: 2 2017 2018 2019 2020 2021 2022 2023 2053 2054 2055 2056 2057 Tract: 9803 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1048 1049 1053 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2019 BG: 3 Tract: 9804 BG: 4 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4028 4029 4030 4031 4032 4034 4035 4036
Quitman County
Randolph County
Terrell County
District 013 Ben Hill County
Crisp County

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JOURNAL OF THE SENATE

Dooly County
Dougherty County Tract: 109 BG: 2 2007 2008 2012 2013 2014 2015 2016 2017 2018 2019 2997 Tract: 110 Tract: 111 BG: 1 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032
Irwin County
Pulaski County
Tift County Tract: 9901 Tract: 9902 Tract: 9903 Tract: 9904 Tract: 9905 Tract: 9906 BG: 1 BG: 2 BG: 3 BG: 4 4002 4003 4004 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4026 4027 4028 4029 4030 4031 4032 4033 4034 Tract: 9907 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 BG: 2 2000 2001 2014 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4040 4041 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4998 4999 Tract: 9908 Tract: 9909

TUESDAY, MARCH 25, 2003
BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1013 1014 1015 1016 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Turner County
Wilcox County
Worth County
District 014 Crawford County
Dougherty County Tract: 102 Tract: 103.01 BG: 1 1998 Tract: 103.02 BG: 3 3996 3997 3998 3999 BG: 5 5999 Tract: 3 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1020 1021 1022 1023 1029 1030 1997 1998 1999 BG: 2 Tract: 7
Lamar County Tract: 9702 BG: 1 1057 1058 1059 1060 1075 1076 1077 1078 1079 BG: 5 5000 5001 5002 5019 5020 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5998 5999
Lee County

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Tract: 201 Tract: 202 Tract: 203 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4011 4014 4015 4023 4041 4042 4044 4045 4046 4047 4048 4049 4052 4098 4099 4102 BG: 5 5015 5016 5018 5019 5020 5021 5022 5023 5024 5052 5994 Tract: 204 BG: 1 BG: 2
Macon County
Monroe County Tract: 501 BG: 1 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 BG: 3 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3130 3131 3132 3133 3989 Tract: 502 BG: 1 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089

TUESDAY, MARCH 25, 2003
BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3999 Tract: 503 BG: 1 1009 1010 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1989 1990 1991 1992 1993 1994 1995 BG: 2 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3093 3094 3095 3096 3997 3998
Peach County
Schley County
Sumter County
Taylor County
Upson County

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JOURNAL OF THE SENATE

Tract: 9901 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1034 1035 1036 1037 1038 1039 1040 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1096 1097 BG: 2 Tract: 9902.01 BG: 4 4029 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 Tract: 9903 BG: 2 2040 2041 2045 2046 2047 2048 2050 2051 2052 2053 2054 2055 2056 2057 2080 2081 2082 2083 2084 2085 2086 2994 2995 2997 2998 Tract: 9904 Tract: 9905 BG: 1 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 BG: 2 BG: 3 BG: 4 4006 4023 4024 4025 4026 4030 4031 4036 4037 4038 4039 4040 4041 BG: 5 Tract: 9906

District 015 Chattahoochee County
Marion County
Muscogee County Tract: 1 Tract: 105.01 BG: 1 1021 1022 1023 1024 1025 BG: 2 BG: 3

TUESDAY, MARCH 25, 2003
3011 3012 3013 3014 3015 3016 3017 Tract: 106.02 Tract: 106.04 Tract: 106.05 Tract: 106.06 Tract: 107.01 Tract: 107.02 Tract: 107.03 Tract: 108 Tract: 109 Tract: 11 BG: 2 2011 2012 2013 2014 2015 2016 2017 2018 Tract: 110 Tract: 12 BG: 2 2013 2035 2040 BG: 3 BG: 4 Tract: 13 Tract: 14 Tract: 15 Tract: 16 Tract: 18 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1010 1011 1012 1013 BG: 2 2000 2001 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 Tract: 19 BG: 1 1012 1013 1014 1022 BG: 2 Tract: 20 Tract: 21 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27

1049

1050
Tract: 28 Tract: 29.01 Tract: 29.02 Tract: 3 BG: 4 BG: 5 Tract: 30 Tract: 31 Tract: 32 Tract: 33 Tract: 34 Tract: 4 BG: 3 3019 3023 3998 Tract: 5 Tract: 8 Tract: 9 BG: 2
Stewart County
Webster County

JOURNAL OF THE SENATE

District 016 Harris County
Tract: 9801.98 BG: 1 BG: 2 BG: 3 BG: 4 4000 4030 4997 Tract: 9802 Tract: 9803 Tract: 9804
Lamar County Tract: 9701 Tract: 9702 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035

TUESDAY, MARCH 25, 2003
1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1998 1999 BG: 2 BG: 3 BG: 4 BG: 5 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5060 5997 Tract: 9703
Meriwether County Tract: 9705 BG: 1 1019 1020 1021 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1997 1998 BG: 2 2043 2044 2047 2048 2049 2050 2051 2052 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2999 BG: 3 BG: 4 BG: 5 BG: 6 BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7014 7015 7016 7017 7018 7019 7020 7021 7022 7023 7024 7025 7026 7027 7028 7029 7030 7031 7032 7033 7034 7035 7036 7037 7038 7039 7040 7041 7042 7999
Muscogee County Tract: 10 Tract: 101.02 Tract: 101.04 Tract: 101.05 Tract: 101.06 Tract: 102.01 Tract: 102.03 Tract: 102.04

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Tract: 102.05 Tract: 103.01 Tract: 103.02 Tract: 104.01 Tract: 104.02 Tract: 105.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 BG: 4 Tract: 105.02 Tract: 11 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 BG: 3 Tract: 12 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2038 2039 2041 2042 2043 2044 2045 2046 Tract: 18 BG: 1 1008 1009 1014 BG: 2 2003 Tract: 19 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1015 1016 1017 1018 1019 1020 1021 Tract: 2 Tract: 3 BG: 1 BG: 2 BG: 3 Tract: 4 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011

TUESDAY, MARCH 25, 2003
3012 3013 3014 3015 3016 3017 3018 3020 3021 3022 3997 3999 Tract: 9 BG: 1
Spalding County Tract: 1602 Tract: 1608 BG: 1 1000 1001 1002 1003 Tract: 1609 BG: 1 1000 1001 1002 1003 1004 1005 1006 1009 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2042 2043 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2057 2058 2059 BG: 3 3032 3036 3041 3042 3043 3046 Tract: 1610 Tract: 1611 BG: 2 2000 2001 2002 2003 2004 2005 2006 2008 2009 2033 2034 2035 2038 2039 2040 2042 2043 2044 2045 2046 2047 2048 2049 2050 Tract: 1612 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1028 1029 1030 BG: 3 3027 3028 BG: 4 4000 4001 4019 4020 4021
Talbot County
Upson County Tract: 9901 BG: 1 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1041 1042 1043 1044 1045 1046 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082

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JOURNAL OF THE SENATE

1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1996 1997 1998 1999 Tract: 9902.01 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4030 4999 BG: 5 Tract: 9902.02 Tract: 9903 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2042 2043 2044 2049 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2087 2996 2999 Tract: 9905 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1999 BG: 4 4000 4001 4002 4003 4004 4005 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4027 4028 4029 4032 4033 4034 4035

District 017 Butts County
Henry County Tract: 702.01 BG: 2 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 Tract: 702.02 BG: 2 2013 2014 2015 2016 2017 2018 2019 2020 2024 2025 2026 2027 2028 2029

TUESDAY, MARCH 25, 2003
Tract: 702.03 BG: 1 1000 1001 1002 1003 1004 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 BG: 2 Tract: 703.03 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2034 2035 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 BG: 3 Tract: 703.04 Tract: 703.06 BG: 1 1000 1001 1002 1006 1007 1010 1011 1012 1013 1014 1015 1016 1017 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1999 Tract: 704.01 Tract: 704.02 Tract: 705 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2052 2053 2054 2055 2056 2057 BG: 3 BG: 4 4009 4012 4013 4014 4024 4025 4026 4027
Newton County Tract: 1001 Tract: 1002 Tract: 1003 Tract: 1004 Tract: 1005 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023

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1024 1025 1026 1027 1028 1029 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1999 Tract: 1006 Tract: 1007 Tract: 1008 Tract: 1009 BG: 1 1016 1017 1018 1019 1020 1021 1023 1024 1025 1026 1027 1067 1068 1069 1070 1071 1080 1081 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 BG: 2
Walton County Tract: 1101 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 BG: 2 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 Tract: 1103 BG: 1 1073 1074 BG: 2 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2041 2042 2043 2044 2045 2046 Tract: 1104 BG: 1 1014 BG: 2 2030 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2045 2053 2054 2055 2056 2057 Tract: 1105.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023

TUESDAY, MARCH 25, 2003
1024 1025 1026 1027 1064 1065 1066 1067 1068 1071 1072 1073 1074 1075 1076 1077 1078 1119 1120 1999 Tract: 1105.02 BG: 1 BG: 2 2024 2030 2031 2032 2034 2035 2036 2046 BG: 3 3007 3008 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 BG: 5 Tract: 1106 Tract: 1107 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 BG: 2 2007 2008 2012 2013 2014 2015 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2999
District 018 Bibb County
Tract: 130 BG: 2 2200 2201 2202 2214 2215 2216 2217 2218 2219 2220 2221 2222 2235 2236 2990 2991 Tract: 131.01 BG: 4 BG: 5 5001 5002 5037 5039 5040 5041 5042 5043 5044 5045 Tract: 131.02 BG: 4 Tract: 132.01 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1016 1017 1018 1030 1031 1032 1033 1034 1035 1036 1999

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BG: 2 2001 2002 2003 2004 2005 2006 2007 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2999 Tract: 132.02 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1016 1017 1018 1019 Tract: 134.01 BG: 1 1036 BG: 3 3015 3016 3017 3018 3019 3020 3022 3023 3024 BG: 4 Tract: 135.01 Tract: 135.02 Tract: 136.01 Tract: 136.02 BG: 1 1000 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 BG: 2 BG: 3 BG: 4 BG: 5 BG: 6
Houston County

District 019 Appling County
Coffee County
Glynn County Tract: 10 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2090 2091 2092 2093 2094 2095 2096

TUESDAY, MARCH 25, 2003
2097 2098 2099 2100 2101 2102 2103 2196 2197 2198 2199 2200 2201 2202 2203 2204 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3103 3104 3105 3106 3997 3998 3999 Tract: 4.01 BG: 1 1007 1017 1018 1030 1031 1032 1033 1047 1048 1049 BG: 2 2034 2035 2038 2039 2040 2042 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2998 2999 Tract: 6 BG: 4 4996 BG: 5 5010 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5036
Jeff Davis County
Montgomery County
Pierce County
Toombs County
Wayne County
District 020 Bleckley County
Dodge County
Emanuel County
Jefferson County Tract: 9601 BG: 1 BG: 2

1059

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JOURNAL OF THE SENATE

2020 2021 2022 2023 2024 2025 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2051 2052 2053 2054 2055 2056 2057 2058 2059 BG: 3 BG: 4 BG: 5 Tract: 9602 BG: 1 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1119 1120 1121 1122 1123 BG: 2 2047 2060 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2077 2078 2994 2995 2996 Tract: 9603 Tract: 9604
Johnson County
Laurens County
Telfair County
Treutlen County
Wheeler County

District 021 Cherokee County
Tract: 902 BG: 2 2068 2069 2070 2071 2072 2073 Tract: 903 BG: 1 1030 1031 1032 1033 1034 1035 1038 1039 1049 1050 1051 1053 1054 1055 1992 1995 1996 BG: 2 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2992 2993 2994 2995 2996 2998 Tract: 907.01 BG: 4 4049 4052 4998 4999

TUESDAY, MARCH 25, 2003
Tract: 908.01 BG: 7 7999 Tract: 909.03 Tract: 910.01 Tract: 910.03 Tract: 910.04 Tract: 910.05 Tract: 910.06 Tract: 911.01 Tract: 911.02 Tract: 911.03
Cobb County Tract: 302.05 BG: 1 1002 1004 1005 1024 1025 BG: 2 Tract: 302.11 BG: 1 1000 1001 1011 1012 Tract: 302.12 BG: 2 BG: 3 Tract: 303.10 Tract: 303.11 Tract: 303.12 Tract: 303.13 Tract: 303.14 Tract: 303.22 Tract: 303.23 BG: 1 BG: 2 BG: 3 BG: 4 Tract: 303.24 Tract: 303.25 Tract: 303.26 Tract: 303.27 Tract: 303.28 BG: 1 1000 1001 1002 1004 1005 1006 1007 1008 1010 1011 Tract: 305.01

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JOURNAL OF THE SENATE

BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 BG: 3 3000 3001 3008 3009 3010 3011 3022 3024 3025 Tract: 306 BG: 5 5005

District 022 Richmond County
Tract: 1 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4010 4011 4012 4013 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5023 5024 5025 5026 5027 5028 5029 5999 Tract: 10 Tract: 101.02 BG: 2 BG: 3 Tract: 102.01 BG: 1 BG: 2 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 Tract: 103 Tract: 104 Tract: 105.05 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 Tract: 105.06 Tract: 105.07

TUESDAY, MARCH 25, 2003
Tract: 105.08 Tract: 105.09 Tract: 105.10 Tract: 105.11 Tract: 106 Tract: 107.03 Tract: 107.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1061 1062 1063 1064 1065 1066 Tract: 107.05 Tract: 107.06 Tract: 108 BG: 9 9010 9011 9012 9013 9014 Tract: 109.01 BG: 1 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3074 3996 3997 3998 3999 BG: 4 4000 4001 4002 4003 4004 4005 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4999 Tract: 109.02 Tract: 11 Tract: 12 Tract: 13 Tract: 14 Tract: 15 Tract: 16 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 1016 BG: 2 2000 2001 2002 2003 2004 2005 2015 2016 2018 2019 2020 2021

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2022 2023 2024 2025 2027 2028 2029 2030 2031 2032 2033 2034 2035 BG: 5 BG: 6 6000 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 Tract: 2 BG: 2 2004 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 BG: 4 4019 4020 Tract: 3 Tract: 4 Tract: 6 Tract: 7 Tract: 8 Tract: 9

District 023 Burke County
Columbia County Tract: 301.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4042 4043 4044 Tract: 301.02 Tract: 302.01 BG: 1 1039 1041 1042 Tract: 302.02 Tract: 302.03 Tract: 303.02

TUESDAY, MARCH 25, 2003
BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3999 Tract: 305.02 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4016 4017 4018 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5033 5034 5035 5036 5037 5038 5039 5040 5067 5068 5069
Glascock County
Jefferson County Tract: 9601 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2026 2027 2028 2029 2049 2050 Tract: 9602 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1113 1114 1115 1116 1117 1118 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2061 2062 2076 2997 2998 2999

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JOURNAL OF THE SENATE

McDuffie County
Richmond County Tract: 1 BG: 4 4009 BG: 5 5021 5022 5030 5031 5032 5033 5034 Tract: 101.01 Tract: 101.02 BG: 1 BG: 4 Tract: 101.04 Tract: 101.05 Tract: 102.01 BG: 3 3002 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3999 Tract: 102.03 Tract: 102.04 Tract: 105.04 Tract: 105.05 BG: 2 2009 BG: 3 3000 3001 3002 3003 Tract: 107.04 BG: 1 1060 Tract: 108 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9996 9997 9998 9999 Tract: 109.01 BG: 3 3073 BG: 4 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4998

TUESDAY, MARCH 25, 2003
Tract: 16 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 BG: 2 2006 2007 2008 2009 2010 2011 2012 2013 2014 2017 2026 2036 2037 2038 BG: 3 BG: 4 BG: 6 6001 Tract: 2 BG: 1 BG: 2 2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 3000 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4021 4022 4995 4996 4997 4998 4999
Warren County
District 024 Columbia County
Tract: 301.01 BG: 1 1008 1009 1010 1022 1023 1024 1025 1026 1027 1028 1029 1999 BG: 4 4039 4040 4041 Tract: 302.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1040 1043 1044 Tract: 303.02 BG: 3 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3083 3084 Tract: 303.03 Tract: 303.04

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Tract: 303.05 Tract: 304 Tract: 305.01 Tract: 305.02 BG: 4 4013 4014 4015 4019 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 BG: 5 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5997 5998 5999 Tract: 306.03
Elbert County
Greene County
Lincoln County
Morgan County Tract: 9803 BG: 1 1000 1012 1013 1014 1015 1016 1017 1018 1019 1020 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1996 1997 1999 BG: 2 2006 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2998 2999 BG: 3 3000 3001 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3066 3067 3071 3072 3073 3079 3080 3081 3082 3083 3084 3085

TUESDAY, MARCH 25, 2003
3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3103 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3995 3996 3997 3998 3999 BG: 4 Tract: 9804 Tract: 9805 BG: 1 1000 1001 1002 1003 1072 1073 1074 1075 1076 1077 1078 1079 1080 1999
Oglethorpe County
Putnam County
Taliaferro County
Wilkes County
District 025 Baldwin County
Tract: 9701 Tract: 9702 Tract: 9703 Tract: 9704 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4029 4030 4031 4032 4033 BG: 5 5003 5004 5005 5006 5007 5008 5009 5013 Tract: 9705 BG: 1 1008 1009 1010 1011 BG: 2 BG: 3 Tract: 9706 BG: 1

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JOURNAL OF THE SENATE

1002 1003 1004 1005 1006 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 Tract: 9707.01 BG: 1 1000 1001 1002 1003 1004 1008 1009 1020 Tract: 9708 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2025 2026 2027 2028 2029 2030 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3999 BG: 4
Bibb County Tract: 102 BG: 1 1008 1009 1010 1011 1012 1013 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3016 3017 3018 Tract: 103 BG: 2 2001 2002 Tract: 108 BG: 2 2000 2001 2002 2003 2999 Tract: 110 BG: 2 2018 2019 2020 2021 2998 Tract: 118 Tract: 119 Tract: 120 Tract: 121

TUESDAY, MARCH 25, 2003
Tract: 122 BG: 1 BG: 2 2041 2042 Tract: 123 BG: 2 BG: 3 Tract: 124 BG: 1 1007 Tract: 132.01 BG: 1 1000 Tract: 134.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1998 1999 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3021 3025 3026 3027 3028 3029 3030 3997 3998 3999 Tract: 134.02
Jasper County
Jones County
Monroe County Tract: 501 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1128 1994 1995 1996 1997 1998 1999 BG: 2 BG: 3

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3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3128 3129 3134 3135 3136 3137 3138 3990 3991 3992 3993 3994 3995 3996 3997 3998 3999 Tract: 502 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1098 1099 BG: 2 2027 BG: 3 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 Tract: 503 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1011 1036 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1996 1997 1998 1999 BG: 3 3000 3001 3002 3003 3004 3005 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3091 3092 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3999
Morgan County Tract: 9801 Tract: 9802 Tract: 9803 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1021 1022 1998 BG: 2 2000 2001 2002 2003 2004 2005 2007 BG: 3 3002 3003 3004 3005 3006 3065 3068 3069 3070 3074 3075 3076 3077 3078 3102 3104 3105 3106 3107 3108

TUESDAY, MARCH 25, 2003
Tract: 9805 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1994 1995 1996 1997 1998
Walton County Tract: 1101 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2052 2053 2054 2055 2056 2057 2058 2059 2060 2998 2999 Tract: 1102 Tract: 1103 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1075 1076 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2038 2039 2040 BG: 3 Tract: 1104 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024

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1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1996 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2031 2032 2033 2044 2046 2047 2048 2049 2050 2051 2052 2058 2998 2999 Tract: 1107 BG: 1 1000 1001 1002 1003 1004 1005 1066 1067 1068 1069 1070 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2009 2010 2011 2016 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 Tract: 1108
District 026 Baldwin County
Tract: 9704 BG: 4 4027 4028 BG: 5 5000 5001 5002 5010 5011 5012 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 Tract: 9705 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 Tract: 9706 BG: 1 1000 1001 1007 1008 1009 BG: 2 2000 BG: 4 4023 Tract: 9707.01 BG: 1 1005 1006 1007 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034

TUESDAY, MARCH 25, 2003
BG: 2 BG: 3 Tract: 9707.02 Tract: 9708 BG: 1 BG: 2 2000 2001 2002 2021 2022 2023 2024 BG: 3 3000 3001
Bibb County Tract: 101 Tract: 102 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1014 1015 1016 1017 1018 1019 BG: 3 3015 Tract: 103 BG: 1 BG: 2 2000 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 Tract: 104 Tract: 105 Tract: 106 Tract: 107 Tract: 108 BG: 1 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2997 2998 Tract: 110 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2999 BG: 3 BG: 4

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JOURNAL OF THE SENATE

BG: 5 Tract: 111 Tract: 112 Tract: 113 Tract: 114 Tract: 115 Tract: 117.01 Tract: 117.02 Tract: 122 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2998 2999 Tract: 123 BG: 1 Tract: 124 BG: 1 1000 1001 1002 1003 1004 1005 1006 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 125 Tract: 126 Tract: 127 Tract: 128 Tract: 129 Tract: 130 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143

TUESDAY, MARCH 25, 2003
2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2992 2993 2994 2995 2996 2997 2998 2999 Tract: 131.01 BG: 1 BG: 2 BG: 3 BG: 5 5000 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5038 Tract: 131.02 BG: 1 BG: 2 BG: 3 Tract: 132.01 BG: 1 1001 1012 1014 1015 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1037 1038 1039 1040 BG: 2 2000 2008 BG: 3 BG: 4 Tract: 132.02 BG: 1 1000 1001 1010 1011 1012 1013 1014 1015 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 BG: 2 BG: 3 Tract: 133.01 Tract: 133.02 Tract: 136.02 BG: 1 1001 1002 1003 1004 1005
Hancock County
Twiggs County

1077

1078 Washington County Wilkinson County

JOURNAL OF THE SENATE

District 027 Cherokee County
Tract: 901 Tract: 902 BG: 1 1000 1001 1002 BG: 3 3000 3001 3002 3999 Tract: 904 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1053 1054 1055 BG: 2 2000 2001 2059 2060 Tract: 905.01 Tract: 905.02 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4014 4019 4020 4021 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5030 5031 5033 5034 5035 5036 5037 BG: 6 Tract: 906.01 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3089 3090 3091 3092 3093 BG: 6 6000 6001 6002 6003 Tract: 906.02 BG: 1

TUESDAY, MARCH 25, 2003
BG: 2 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027
Forsyth County Tract: 1302 BG: 2 2064 2065 2074 2075 2076 Tract: 1303 BG: 1 1038 1039 1040 1041 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 BG: 2 Tract: 1304.01 BG: 1 1000 1001 1002 1022 1023 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Tract: 1304.02 BG: 1 BG: 2 BG: 3 3000 3001 3002 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3029 Tract: 1305.01 BG: 2 BG: 3 Tract: 1305.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1010 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1045 1046 1055 1064 1065 1066 1137 1998 1999 Tract: 1306 BG: 1 1009 1010 1011 1012 1014 1015 1016 1017 1018 1019 1020 1021

1079

1080

JOURNAL OF THE SENATE

1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1101 1102 1103 1104 1112 1113 1114 1115 1116 1117 1118 1119 1120 BG: 2 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2088 2089 2090 2091
Fulton County Tract: 114.13 BG: 2 2003 2004 2006 BG: 4 BG: 5 5007 5008 5009 5010 5012 5013 BG: 8 Tract: 114.15 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1997 1998 1999 Tract: 116.06 BG: 3 3004 3005 3006 3007 3008 3009 3010 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4017 4018 4019 BG: 9 9000 9001 9002 9003 9004 9005 9006 9011 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9032 9033 9034 9035 9036 9037 9038 9039 9040 9041 9042 9043 9044 9045 9046 9047 9048 9049 9050 9051 9052 9053 9054 9055 9056 9057 9058 9059 9060 9061 9062 9063 9064 9065 9066 9067 9068 9069 9070 Tract: 116.07

TUESDAY, MARCH 25, 2003
BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7014 7015 7016 7017 7018 7019 7020 7021 7022 7023 7024 7025 7026 7027 7028 7029 7030 7031 7033 7038 7050 7051 7052 Tract: 116.08 BG: 1 BG: 2 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3996 Tract: 116.09
District 028 Coweta County
Fayette County Tract: 1402.03 BG: 1 1021 1022 1023 1024 1025 1026 1027 1028 1033 1034 1035 1036 1037 1038 1039 BG: 2 2010 2011 2012 2026 2027 2028 2029 Tract: 1402.05 Tract: 1402.06 BG: 1 1007 1008 1009 1010 1011 1012 1013 1018 1019 1020 1024 1025 1026 1027 1028 1029 1030 1999 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2998 2999 Tract: 1403.03 Tract: 1403.04 Tract: 1403.05 Tract: 1403.06 Tract: 1403.07 Tract: 1404.04 BG: 1 1030 1031 1033 1034 1035 BG: 2 Tract: 1404.05

1081

1082

JOURNAL OF THE SENATE

BG: 1 BG: 2 2007 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Tract: 1404.08 BG: 1 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Tract: 1405.01 Tract: 1405.02

District 029 Harris County
Tract: 9801.98 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4031 4998 4999
Heard County
Meriwether County Tract: 9701 Tract: 9702 Tract: 9703 Tract: 9704 Tract: 9705 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1022 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2045 2046 2053 2054 2055 2056 2067 2079 2080 2081 2996 2997 2998 BG: 7 7043 Tract: 9706
Pike County

TUESDAY, MARCH 25, 2003
Spalding County Tract: 1601 Tract: 1603 Tract: 1604 Tract: 1605 Tract: 1606 Tract: 1607 Tract: 1608 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 BG: 2 BG: 3 Tract: 1609 BG: 1 1007 1008 1010 1011 1012 1013 BG: 2 2012 2013 2014 2029 2040 2041 2044 2045 2056 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3033 3034 3035 3037 3038 3039 3040 3044 3045 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 Tract: 1611 BG: 1 BG: 2 2007 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2036 2037 2041 Tract: 1612 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1027 1031 1032 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040

1083

1084

JOURNAL OF THE SENATE

BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060
Troup County

District 030 Carroll County
Douglas County Tract: 802.02 BG: 5 5002 5003 5004 5005 5006 5007 5008 5009 5010 Tract: 803.01 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1999 BG: 2 Tract: 803.02 BG: 3 BG: 5 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 BG: 6 Tract: 804.01 Tract: 804.02 Tract: 805.03 Tract: 805.04 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 BG: 4 4001 4002 4005 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4999

Tract: 805.05 Tract: 805.06 Tract: 805.07 Tract: 806.01 BG: 1 BG: 2 2018 2019 BG: 3

TUESDAY, MARCH 25, 2003

District 031 Haralson County
Paulding County
Polk County

District 032 Cobb County
Tract: 303.18 BG: 1 BG: 2 BG: 3 3000 3001 3006 3007 3008 3009 3010 3011 3012 3013 Tract: 303.19 Tract: 303.20 Tract: 303.23 BG: 5 Tract: 303.28 BG: 1 1003 1009 BG: 2 BG: 3 Tract: 303.29 Tract: 303.30 Tract: 303.31 Tract: 303.32 Tract: 303.33 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1019 BG: 2

1085

1086

JOURNAL OF THE SENATE

Tract: 303.34 Tract: 303.35 Tract: 303.36 Tract: 303.37 Tract: 303.38 BG: 1 BG: 2 BG: 3 3000 BG: 4 4000 4001 4002 4003 4005 4006 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 Tract: 303.39 Tract: 304.02 BG: 4 4008 Tract: 304.05 BG: 1 1029 BG: 2 2016 2047 Tract: 304.06 BG: 3 3000 3001 3002 3003 3004 3005 3008 BG: 4 4001 4002 BG: 5 5000 5002 5003 5004 5005 5007 5008 Tract: 305.01 BG: 1 BG: 2 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 BG: 3 3002 3003 3004 3005 3006 3007 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3023 3026 3027 3028 3029 3030 3031 3032 3033 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047

TUESDAY, MARCH 25, 2003
4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4068 4069 4070 4073 4074 4075 4079 4080 4081 4082 4083 4084 4085 4086 Tract: 305.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 BG: 3 Tract: 305.04 BG: 2 BG: 3 Tract: 305.05 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 BG: 2 2004 2005 2006 2015 2020 2025 Tract: 306 BG: 1 1009 1010 1013 1014 1015 1017 1019 1021 1024 1025 1028 1029 1030 1031 1032 1033 1034 1035 1036 1038 1039 1040 1043 1053 1060 1061 1063 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2017 2019 2023 2028 2034 BG: 4 4000 4001 4010 4011 4012 BG: 5 5000 5001 5002 5003 5004 5009 5010 5011 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5029 5030 5031 5032 5033 5039 5040 5042 5043 5044 5045 5046 5047 5048 5049 5050 5053 5054 5055 5056 5057 5997 5998 5999 Tract: 311.09 BG: 1 1003 1004 1005 1006 1007 1008 1009 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 Tract: 312.02 BG: 3 3000 3001 3002 3003 3004 3035 3036 3037 3999 BG: 5

1087

1088

JOURNAL OF THE SENATE

5000 5001 5002 Tract: 312.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1008 1009 1018 1019 1020 1021 1034 1035 1036 1037 1038 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2020 2021 2023 2024 2025 2026 2027 2035 2999 Tract: 312.04 BG: 1 1010 1011 1012 1013 1014 1015 1045 1046 1047 BG: 2 2000 2001 2002 2003 2004 2005 2006 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2037 2038 2039 2040 2041 2042 2043 2044 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2066 2067 2068 2997 2998 2999
Fulton County Tract: 102.04 Tract: 102.05 Tract: 102.06 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4997 4998 4999 BG: 5 BG: 6 Tract: 102.07 BG: 1 BG: 2 2000 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3015 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4024 4996 4997 4998 4999 Tract: 102.09 BG: 4 Tract: 102.10 Tract: 97 BG: 1

TUESDAY, MARCH 25, 2003
1000 1001 1002 1004 1005 1008 1999 Tract: 98 BG: 1 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 BG: 4 4002 4003 4004 4005 4006 4015
District 033 Cobb County
Tract: 309.05 BG: 2 2016 2017 BG: 3 Tract: 310.01 BG: 2 2018 2020 2030 2031 2033 Tract: 310.02 BG: 1 1001 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 BG: 2 2007 2008 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Tract: 310.04 Tract: 310.05 Tract: 311.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 BG: 3 Tract: 311.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1053 1054 1055 1056 1057 1058 1059 1060 1061 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

1089

1090

JOURNAL OF THE SENATE

2012 2013 2014 2015 2016 2017 2018 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 Tract: 311.06 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4999 BG: 5 Tract: 311.10 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 Tract: 312.02 BG: 6 6046 Tract: 313.02 BG: 1 BG: 2 BG: 3 BG: 4 4000 4012 4014 4015 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4029 4030 4031 4033 BG: 5 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5015 5016 5017 5018 5022 5023 5024 5025 5026 5997 BG: 9 Tract: 313.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1020 1021 1022 1023 1024 1025 1026 BG: 2 Tract: 313.07 BG: 1 1005 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 Tract: 313.08 Tract: 313.09 BG: 1 BG: 2 BG: 3 3000 3001 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3030 3031

TUESDAY, MARCH 25, 2003
Tract: 313.11 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2012 BG: 3 3005 Tract: 314.04 Tract: 314.05 Tract: 314.06 Tract: 314.07 Tract: 315.01 Tract: 315.03 Tract: 315.04 Tract: 315.05
Douglas County Tract: 801.01 Tract: 802.01 Tract: 802.02 BG: 3 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6024 6025 Tract: 803.01 BG: 1 1000 1001 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 Tract: 803.02 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 Tract: 806.02 BG: 1 1000 1006 BG: 2 2000 2999
District 034 Clayton County
Tract: 401 Tract: 402.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2014 2015 Tract: 402.02

1091

1092

JOURNAL OF THE SENATE

Tract: 403.01 Tract: 403.02 Tract: 403.03 Tract: 403.04 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 Tract: 403.05 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3016 3017 3018 3021 3022 Tract: 404.05 BG: 1 1017 1018 1019 BG: 2 BG: 3 3000 3001 3002 3003 3004 3007 3008 3009 3010 3011 3012 3013 3014 3015 Tract: 404.06 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 BG: 9 9007 Tract: 404.10 BG: 1 BG: 2 BG: 9 9007 9008 9009 9010 9022 9025 9058 9059 9060 9061 Tract: 405.03 Tract: 405.06 Tract: 405.09 BG: 2 2000 Tract: 405.10 BG: 2 2000 2001 2020 2021 2022 2023 2024 Tract: 405.11 Tract: 405.13 BG: 6 6000 6001 6002 6007 6008 6009 6010 6011 6012 6013 6014 6015

TUESDAY, MARCH 25, 2003
6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 Tract: 405.14 Tract: 405.15 Tract: 405.16 Tract: 405.17 Tract: 405.18 Tract: 406.06 BG: 1 1003 1004 1005 Tract: 406.07 BG: 1 BG: 2 BG: 3 3010 3011 3012 3013 3022 3023 3024 3025 3026 3027 3028 Tract: 406.09 BG: 1 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1996 1998 Tract: 406.12 BG: 2 BG: 3 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 Tract: 406.13 BG: 2 2017 2018 2019 2020 2999 BG: 3 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3999
DeKalb County Tract: 234.04 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 BG: 4 4012 4013 4014 BG: 5

1093

1094

JOURNAL OF THE SENATE

5002 5003 5004 Tract: 238.01 Tract: 238.02 BG: 1 BG: 2 BG: 3 3001 3002 3003 3004 3005 Tract: 238.03 BG: 1 1010 1011 1012 BG: 2 BG: 3 3004 3009 3010 3011 3012 3013
Fulton County Tract: 106.01 Tract: 106.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1020 1024 1025 1026 1027 1028 1029 1030 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 Tract: 107 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1020 1021 1022 1023 1024 1026 1027 BG: 2 BG: 3 Tract: 108 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 BG: 8

TUESDAY, MARCH 25, 2003
Tract: 109 BG: 1 1051 Tract: 110 BG: 2 2016 2017 2018 2019 Tract: 112.02 BG: 4 4008 4009 Tract: 73 BG: 2 2017
District 035 Clayton County
Tract: 402.01 BG: 2 2008 2009 2010 2011 2012 2013 Tract: 405.09 BG: 1 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Tract: 405.10 BG: 1 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2025 2998 2999 Tract: 405.12 Tract: 405.13 BG: 4 BG: 5 BG: 6 6003 6004 6005 6006
Douglas County Tract: 802.02 BG: 5 5000 5001 5011 5012 BG: 6 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023

1095

1096

JOURNAL OF THE SENATE

Tract: 805.04 BG: 3 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3999 BG: 4 4000 4003 4004 4006 4007 4008 Tract: 806.01 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2020 2021 2022 2023 2024 2999 BG: 4 BG: 6 Tract: 806.02 BG: 1 1001 1002 1003 1004 1005 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1996 1997 1998 1999 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
Fayette County Tract: 1401.01 Tract: 1401.02 BG: 2 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2057 2058 2059 2062 2063 2064 2065 2066 2999 BG: 3 Tract: 1402.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1029 1030 1031 1032 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2030 2031 Tract: 1402.04 Tract: 1402.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1014 1015 1016 1017 1021 1022 1023

TUESDAY, MARCH 25, 2003
BG: 2 2000 2001 Tract: 1404.03 Tract: 1404.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1032 1998 1999
Fulton County Tract: 103.01 Tract: 103.03 BG: 1 BG: 2 2044 2045 2046 2047 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2068 2069 2070 2997 Tract: 103.04 BG: 4 BG: 5 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 Tract: 104 Tract: 105.07 Tract: 105.08 Tract: 105.09 Tract: 105.10 Tract: 105.11 Tract: 105.12 Tract: 105.13 Tract: 105.14 Tract: 106.03 BG: 1 1014 1015 1019 1021 1022 1023 1031 1032 1033 1034 1055 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2014 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2999 Tract: 106.04 Tract: 113.03 BG: 3

1097

1098

JOURNAL OF THE SENATE

3011 3012 Tract: 113.04 BG: 1 1005 1006 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1999 Tract: 77.02 BG: 3 3020 BG: 4 4008 4011 4012 4013 4014 4997 Tract: 78.02 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 BG: 2 BG: 3
District 036 DeKalb County
Tract: 201 Tract: 202 Tract: 203 BG: 3 3000 3001 3002 3003 3004 3005 3011 3013 3014 BG: 4 4000 4001 Tract: 204 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1017 Tract: 215.01 BG: 1 1015 1016 Tract: 224.01 BG: 2 BG: 3 BG: 4 Tract: 224.03 BG: 1

TUESDAY, MARCH 25, 2003
1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1020 1021 1022 1023 1024 1025 1026 1027 1029 1030 1031 1032 1033 1034 1035 1036 1037 BG: 2 BG: 3 3011 3012 3013 3014 3015 3016 3017 3018 3019 Tract: 225 BG: 1 1004
Fulton County Tract: 1 Tract: 11 BG: 1 1016 Tract: 110 BG: 1 1010 Tract: 14 Tract: 15 Tract: 16 Tract: 17 Tract: 18 Tract: 19 Tract: 2 BG: 1 1000 1001 1002 1003 1010 1011 1012 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 21 Tract: 26 Tract: 27 Tract: 28 Tract: 29 Tract: 30 Tract: 31 Tract: 32 Tract: 33 Tract: 35 Tract: 36 Tract: 37

1099

1100

JOURNAL OF THE SENATE

Tract: 38 BG: 2 2008 BG: 4 4004 4005 Tract: 4 BG: 1 1000 1001 Tract: 43 BG: 1 BG: 3 3000 Tract: 44 Tract: 46 Tract: 48 Tract: 49 Tract: 5 BG: 2 2000 2001 Tract: 50 Tract: 52 Tract: 53 Tract: 55.01 Tract: 55.02 Tract: 56 Tract: 57 Tract: 58 Tract: 62 BG: 1 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 BG: 3 Tract: 63 Tract: 64 Tract: 65 Tract: 66.01 Tract: 67 Tract: 68.01 Tract: 68.02 Tract: 69 Tract: 70.01 Tract: 70.02 Tract: 71 Tract: 72

TUESDAY, MARCH 25, 2003
Tract: 73 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 BG: 3 Tract: 74 BG: 1 BG: 2 2000 2001 2002 2004 2005 2006 2007 2008 2009 2010 Tract: 75 BG: 1 BG: 2 2000 2001 2002 2003 2006 2007 2008 2009 2010 2013 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 BG: 5 5000 5001 5002 5003 5004 5006 5007 Tract: 76.01 BG: 9 9001 Tract: 92 BG: 1 BG: 2
District 037 Bartow County
Tract: 9601 BG: 3 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3079 3080 3081 3082 3083 3084 3085 3087 3089 3093 3094 3998 3999 Tract: 9604 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 BG: 2 2006 2009 2010 2011 2020 2021 2023 2024 2025 2035 2036 2037

1101

1102

JOURNAL OF THE SENATE

2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2056 2057 2058 2059 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2999 BG: 5 5010 5012 5013 5014 5015 5019 5022 5023 5027 5028 5029 5030 5031 5032 5033 Tract: 9605 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1027 1028 1029 1030 1031 1032 1033 1034 1038 1039 1040 BG: 2 BG: 3 3000 3030 BG: 4 4014 4015 4018 4019 4020 4023 Tract: 9606 BG: 2 2016 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 BG: 4 4017 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5014 5015 5016 5017 5018 5019 5020 5022 5023 5024 5025 BG: 6 6000 6001 6002 6999 Tract: 9607 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072

TUESDAY, MARCH 25, 2003
1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1990 1991 1992 1994 1995 1996 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2021 2022 2023 2024 2029 2030 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4018 BG: 5 5000 5001 5002 5003 5004 5005 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 Tract: 9608.01 Tract: 9608.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2998 2999 Tract: 9608.03 BG: 1 1057 1058 1061 1062 1073 1998 BG: 2 2000 2001 2002 2003
Cobb County Tract: 301.01 Tract: 301.02 Tract: 301.03 Tract: 302.05 BG: 1 1000 1001 1003 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076

1103

1104

JOURNAL OF THE SENATE

1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1998 1999 Tract: 302.11 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 BG: 2 BG: 3 Tract: 302.12 BG: 1 Tract: 302.13 Tract: 302.14 Tract: 302.15 Tract: 302.16 Tract: 302.17 Tract: 305.01 BG: 4 4066 4067 4071 4072 4076 4077 4078 Tract: 305.02 BG: 2 2042 2043 2044 2045 2046 2047 2048 2049 2999 Tract: 305.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 Tract: 306 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1011 1012 1016 1018 1020 1022 1023 1026 1027 1037 1041 1042 1044 1045 1046 1047 1048 1049 1050 1051 1052 1054 1055 1056 1057 1058 1059 1062 BG: 2 2000 2001 2002 2003 2004 2014 2015 2016 2018 2020 2021 2022 2024 2025 2026 2027 2029 2030 2031 2032 2033 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073

TUESDAY, MARCH 25, 2003
2074 2075 2076 2077 2078 2079 BG: 3 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 BG: 5 5006 5007 5008 5012 5013 5028 5034 5035 5036 5037 5038 5041 5051 5052 Tract: 307 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 BG: 2 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 BG: 4 Tract: 308 BG: 3 3002 3005 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3023 3027 3028 3029 3042 Tract: 309.01 BG: 1 1000 1001 1002 1003 1004 BG: 2 2000 2001 2002 2003 2004 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2026 2029 2998 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4012 4013 4015 Tract: 309.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1024 BG: 2 2000 2004 2005 2006 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2027 2028 2029 BG: 3

1105

1106

JOURNAL OF THE SENATE

BG: 4 Tract: 309.04 BG: 1 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
District 038 Cobb County
Tract: 313.09 BG: 3 3002 3003 3004 3027 3028 3029 Tract: 313.10 Tract: 313.11 BG: 1 BG: 2 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2999 BG: 3 3000 3001 3002 3003 3004 3006 3007 3999
Fulton County Tract: 100 BG: 1 1008 1009 1010 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1999 BG: 2 BG: 3 BG: 4 4004 4005 4006 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 Tract: 101.01 BG: 1 1035 1036 Tract: 102.06 BG: 4 4023 Tract: 102.07 BG: 3 3013 3014 BG: 4 4021 4022 4023 4025 4026 Tract: 103.03

TUESDAY, MARCH 25, 2003
BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2048 2049 2063 2064 2065 2066 2067 2995 2996 2998 2999 Tract: 40 BG: 1 BG: 2 2001 2002 2003 2004 2005 BG: 3 Tract: 7 Tract: 77.01 BG: 1 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 Tract: 78.02 BG: 1 1000 1001 1002 1017 1018 Tract: 78.05 Tract: 78.06 Tract: 78.07 Tract: 78.08 Tract: 79 Tract: 80 BG: 4 4000 4001 4006 4007 BG: 6 Tract: 81.01 Tract: 81.02 Tract: 82.01 Tract: 82.02 Tract: 83.01 Tract: 83.02 Tract: 84 BG: 2 BG: 5 Tract: 85 Tract: 86.01 Tract: 86.02 Tract: 87.01 Tract: 87.02 Tract: 88

1107

1108

JOURNAL OF THE SENATE

Tract: 89.01 Tract: 89.02 Tract: 90 Tract: 91 BG: 2 2003 2004 2005 2006 2007 2008 2009 BG: 4 Tract: 95 BG: 1 BG: 2 Tract: 96 BG: 1 BG: 2 2000 2001 2002 2003 2005 2006 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 BG: 4 BG: 5 BG: 8 Tract: 97 BG: 1 1003 1006 1007 1009 1010 BG: 2 BG: 3 Tract: 98 BG: 2 2000 2001 2002 2003 2004 BG: 3 3008 BG: 4 4000 4001 4007 4008 4009 4010 4011 4012 4013 4014 4016 4017 4018 4019 4020 4021 4022 Tract: 99

District 039 Fulton County
Tract: 10 Tract: 103.04 BG: 5 5000 5001 5002 Tract: 106.03 BG: 1 1016 1017 1018 1997

TUESDAY, MARCH 25, 2003
BG: 2 2012 2013 2015 2016 Tract: 107 BG: 1 1018 1025 Tract: 108 BG: 5 5013 5014 5015 Tract: 109 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1052 1053 1054 1055 1056 1057 Tract: 11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 Tract: 110 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 BG: 3 BG: 5 Tract: 111 Tract: 112.01 Tract: 112.02 BG: 1 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4010 4011 4012 4013 4014 4015 BG: 5 BG: 6 BG: 7 BG: 8 Tract: 113.01 Tract: 113.03 BG: 1 BG: 2

1109

1110

JOURNAL OF THE SENATE

BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3013 3014 3015 3016 3017 3018 3019 BG: 4 Tract: 113.04 BG: 1 1000 1001 1002 1003 1004 1007 1008 1009 1010 Tract: 12 Tract: 13 Tract: 2 BG: 1 1004 1005 1006 1007 1008 1009 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 38 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2009 2010 2011 2012 BG: 4 4000 4001 4002 4003 Tract: 39 Tract: 4 BG: 1 1002 1003 1004 1005 1006 1007 BG: 2 Tract: 40 BG: 2 2000 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Tract: 41 Tract: 42 Tract: 43 BG: 3 3001 3002 Tract: 5 BG: 1 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Tract: 6 Tract: 60

TUESDAY, MARCH 25, 2003
Tract: 61 Tract: 62 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 Tract: 66.02 Tract: 74 BG: 2 2003 Tract: 75 BG: 2 2004 2005 2011 2012 BG: 3 3012 BG: 5 5005 Tract: 76.01 BG: 1 BG: 2 BG: 9 9000 Tract: 76.02 Tract: 77.01 BG: 2 BG: 3 BG: 4 BG: 5 5009 5010 5011 5012 Tract: 77.02 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4009 4010 4015 4998 4999 Tract: 78.02 BG: 1 1019 1020 1021 Tract: 8 Tract: 80 BG: 1

1111

1112

JOURNAL OF THE SENATE

BG: 2 BG: 3 BG: 4 4002 4003 4004 4005 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 Tract: 84 BG: 1 Tract: 91 BG: 1 BG: 2 2000 2001 2002 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Tract: 92 BG: 3 Tract: 93 Tract: 94.01 Tract: 94.02 Tract: 95 BG: 3 BG: 4 Tract: 96 BG: 2 2004 2007

District 040 DeKalb County
Tract: 213.04 BG: 1 1000 1003 1011 1019 1020 1021 BG: 3 3000 3001 3002 3003 3007 3008 3009 3019 3999
Fulton County Tract: 101.06 Tract: 101.07 Tract: 101.08 Tract: 101.09 BG: 8 8000 8001 8002 8003 Tract: 101.11 BG: 1 1000 1001 1002 1003 1004 1005

TUESDAY, MARCH 25, 2003
BG: 2 BG: 3 Tract: 101.12 Tract: 102.08 Tract: 102.09 BG: 5 BG: 9 Tract: 114.06 BG: 1 1006 1007 1009 1995 1997 1998 1999 BG: 9 9013 9999 Tract: 114.10 Tract: 114.11 BG: 1 1000 1015 1016 1993 1994 1995 1996 1998 1999 BG: 2 2000 2002 2003 BG: 4 BG: 5 Tract: 114.12 BG: 3 3000 3017 3018 3019 3020 Tract: 114.13 BG: 2 2000 2001 2002 2023 2024 2025 2026 BG: 5 5000 5001 5002 5003 5004 5005 5006 Tract: 114.14 Tract: 114.15 BG: 1 1025 1026 1995 1996 BG: 5 BG: 6
Gwinnett County Tract: 502.06 BG: 1 1018 Tract: 502.07 BG: 2 2003 Tract: 503.04

1113

1114

JOURNAL OF THE SENATE

BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 BG: 8 Tract: 503.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1025 Tract: 503.07 Tract: 503.08 Tract: 503.09 BG: 1 BG: 2 BG: 3 3011 3013 3014 3015 3016 3017 3020 3021 BG: 4 4001 4003 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 Tract: 503.10 Tract: 503.11 Tract: 503.12 Tract: 503.13 Tract: 503.14 Tract: 503.15 Tract: 503.16 Tract: 504.19 BG: 2 2000 2001 2002 2003 2004 2009 2010 2011 Tract: 504.21 Tract: 504.22 Tract: 504.24 BG: 1 1001 1002 1003 1004 1005 1006 1007

District 041 DeKalb County
Tract: 203 BG: 1 BG: 2 BG: 3 3006 3007 3008 3009 3010 3012

TUESDAY, MARCH 25, 2003
BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 Tract: 204 BG: 1 1011 1012 1013 1014 1015 1016 1018 1019 1020 1021 1022 1023 Tract: 206 BG: 1 1000 1017 Tract: 207 Tract: 208.01 Tract: 208.02 Tract: 217.04 BG: 2 2000 2001 2002 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 BG: 9 Tract: 218.05 BG: 2 BG: 4 4001 4002 4003 4004 4005 4006 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4999 Tract: 218.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1047 1048 1049 BG: 3 Tract: 218.09 BG: 2 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 BG: 3 3022 3023 Tract: 218.10 BG: 3 Tract: 219.02 BG: 1 BG: 2 BG: 3 Tract: 220.01

1115

1116

JOURNAL OF THE SENATE

Tract: 220.05 BG: 3 3004 Tract: 220.06 BG: 1 1000 1001 1002 1003 1004 1005 BG: 2 2000 2001 2002 2003 2004 2005 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3013 3014 3015 3016 3017 3020 3023 3024 3025 3028 3999 Tract: 220.07 BG: 1 1002 1003 1004 1006 1007 BG: 2 2013 2016 2017 2018 2019 Tract: 220.08 BG: 1 1012 1013 1014 1015 1016 1018 1019 Tract: 221 Tract: 222 Tract: 223.01 Tract: 223.02 BG: 1 1005 BG: 3 3002 Tract: 224.03 BG: 1 1018 1028 Tract: 225 BG: 1 1000 1001 1002 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 BG: 2 BG: 3 BG: 4 Tract: 226 Tract: 227 Tract: 228 Tract: 229 Tract: 230 Tract: 231.01

TUESDAY, MARCH 25, 2003
Tract: 231.02 Tract: 231.05 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2017 2018 2019 2020 2021 BG: 3 Tract: 231.06 BG: 1 1000 1001 1002 1003 1004 1005 1007 1008 1009 1010 1011 1012 1013 BG: 2 BG: 3 BG: 4 Tract: 231.07 Tract: 231.08 BG: 1 1002 1003 1004 1005 1006 BG: 2 BG: 3 Tract: 235.01 Tract: 235.04 Tract: 235.05 Tract: 235.06 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 3 BG: 4 4003 4004 4005 4006 Tract: 236.01 Tract: 236.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 Tract: 236.03 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5009 5016
District 042 DeKalb County
Tract: 212.04

1117

1118

JOURNAL OF THE SENATE

BG: 1 1000 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 Tract: 212.08 BG: 2 2041 Tract: 213.02 Tract: 213.03 BG: 2 2000 2001 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2029 2030 2031 2032 2034 2035 2036 Tract: 214.01 Tract: 214.03 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3010 3011 3020 3021 3022 3023 3024 3025 3026 3027 3028 3042 3043 3044 3045 Tract: 214.04 Tract: 214.05 BG: 1 BG: 2 2000 2001 2002 2027 2030 2031 2032 2033 2034 2035 2036 2041 2042 Tract: 214.06 Tract: 215.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 BG: 2 BG: 3 BG: 4 Tract: 215.02 Tract: 216.01 Tract: 216.02 Tract: 216.03 Tract: 217.03 Tract: 217.04 BG: 2 2003 2004 2005 2006 2007 2019 2020 2021 BG: 3 Tract: 217.05

TUESDAY, MARCH 25, 2003
Tract: 217.06 Tract: 218.08 Tract: 218.09 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2031 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3024 3999 BG: 4 Tract: 218.10 BG: 1 BG: 2 BG: 4 Tract: 218.11 Tract: 218.12 Tract: 223.02 BG: 1 1000 1001 1002 1003 1004 BG: 2 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 Tract: 224.01 BG: 1 Tract: 224.02 Tract: 224.03 BG: 1 1000 1001 1002 1003 1004 1005 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3020 Tract: 225 BG: 1 1003
Gwinnett County Tract: 504.18 Tract: 504.20 BG: 1
District 043 DeKalb County
Tract: 220.05

1119

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JOURNAL OF THE SENATE

BG: 3 3002 3003 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 Tract: 231.05 BG: 1 BG: 2 2000 2001 2002 2016 BG: 4 Tract: 231.06 BG: 1 1006 Tract: 231.08 BG: 1 1000 1001 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 Tract: 232.03 Tract: 232.04 BG: 2 2003 2004 2005 2006 2007 2008 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 BG: 3 Tract: 232.06 Tract: 232.11 BG: 1 1007 1008 1009 1010 1011 BG: 2 Tract: 232.12 Tract: 233.03 BG: 2 2000 2001 2002 2003 2004 2020 2022 2023 2024 BG: 3 3000 3001 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 BG: 4 4030 4031 4032 4033 4034 4037 4999 Tract: 233.06 BG: 2 2009 2010 2015 Tract: 233.07 BG: 1 BG: 2 BG: 5 Tract: 233.09

TUESDAY, MARCH 25, 2003
Tract: 233.10 Tract: 234.05 BG: 4 4999 Tract: 234.14 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1015 BG: 2 BG: 3 Tract: 234.15 BG: 1 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Tract: 234.16 Tract: 234.17 Tract: 234.18 Tract: 235.06 BG: 2 2011 2012 2023 2024 2025 BG: 4 4000 4001 4002 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 Tract: 235.07
Rockdale County Tract: 601.01 Tract: 601.02 Tract: 602.01 Tract: 602.02 Tract: 603.04 Tract: 603.05 Tract: 603.06 Tract: 603.07 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3036 3037 3038 3039 3040 Tract: 603.08 Tract: 603.09

1121

1122

JOURNAL OF THE SENATE

Tract: 604.03 BG: 1 1000 1001 1004 1005

District 044 Clayton County
Tract: 406.06 BG: 1 1000 1001 1002 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1995 1996 1997 1998 1999 Tract: 406.07 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3014 3015 3016 3017 3018 3019 3020 3021 Tract: 406.08 Tract: 406.10 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2033 2034 2035 BG: 3 Tract: 406.13 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2021 2022 2023 2024 2025 2026 2027 2028 2029 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 Tract: 406.14
Fayette County Tract: 1401.02 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2060 2061 Tract: 1404.05

TUESDAY, MARCH 25, 2003
BG: 2 2000 2001 2002 2003 2004 2005 2006 2008 Tract: 1404.06 Tract: 1404.07 Tract: 1404.08 BG: 2 2000 2001 2002 2003 2004
Henry County Tract: 701.01 Tract: 701.02 Tract: 701.04 Tract: 701.05 Tract: 701.06 Tract: 702.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2045 Tract: 702.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2021 2022 2023 2998 2999 Tract: 702.03 BG: 1 1005 1006 1007 1008 1009 1010 1011 Tract: 703.03 BG: 1 BG: 2 2033 2036 2037 2038 2039 2040 2041 2042 2043 Tract: 703.05 Tract: 703.06 BG: 1 1003 1004 1005 1008 1009 1018 1019 1020 1021 1022 Tract: 705 BG: 1 BG: 2 2021 2022 2023 2051 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4010 4011 4015 4016 4017 4018 4019 4020 4021 4022 4023

1123

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JOURNAL OF THE SENATE

Newton County Tract: 1005 BG: 1 1030 1116 1117 1118 1119 Tract: 1009 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1022 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1072 1073 1074 1075 1076 1077 1078 1079 1082
Rockdale County Tract: 603.07 BG: 3 3035 Tract: 604.03 BG: 1 1002 1003 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 BG: 2 BG: 3 Tract: 604.04 Tract: 604.05 Tract: 604.06 Tract: 604.07

District 045 Gwinnett County
Tract: 501.05 BG: 2 BG: 4 4004 4025 4045 4046 4047 4048 4050 4051 4052 4053 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 Tract: 501.06 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6034 6035 6047 6048 6049 6050 6051 BG: 7

TUESDAY, MARCH 25, 2003
Tract: 502.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 Tract: 505.07 BG: 2 2000 2001 2002 2003 2004 2005 2010 2011 2012 2013 BG: 3 BG: 7 Tract: 505.09 Tract: 505.10 BG: 1 1002 1003 1004 1005 1010 1011 Tract: 505.12 BG: 1 BG: 2 2001 2002 2003 2004 2005 BG: 3 3000 3001 3002 3009 3010 3013 Tract: 505.13 Tract: 505.14 Tract: 505.19 BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7012 Tract: 505.20 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 Tract: 506.02 Tract: 506.03 Tract: 506.04 Tract: 507.04 BG: 1 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1076 1077 1090 1091 1999 Tract: 507.05 BG: 1

1125

1126

JOURNAL OF THE SENATE

1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1999 BG: 2 Tract: 507.20 BG: 1 1999
Walton County Tract: 1105.01 BG: 1 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1069 1070 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1998 Tract: 1105.02 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2025 2026 2027 2028 2029 2033 2037 2038 2039 2040 2041 2042 2043 2044 2045 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 BG: 3 3000 3001 3002 3003 3004 3005 3006 3009 3010 3011 3012 3013 3014 3015

District 046 Barrow County
Tract: 1801.01 BG: 1 1000 1001 1002 1003 1130 1131 1132 1136 1137 1138 1139 1140 1141 1142 1143 1145 1146 1147 1148 1149 1150 Tract: 1801.02

TUESDAY, MARCH 25, 2003
BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 Tract: 1802.01 BG: 4 4041 4042 4048 4049 Tract: 1802.02 BG: 1 1047 1048 1049 1050 BG: 2 2057 2058 2059 2060 2061 2062 2998 Tract: 1803 BG: 1 1000 1001 1002 1003 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2047 2048 2049 2050 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2998 2999 Tract: 1804 Tract: 1805 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 1028 1029 1030 1031 1032 1033 1998 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041
Clarke County
Oconee County
District 047 Banks County

1127

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Barrow County Tract: 1801.01 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1133 1134 1135 1144 1151 1152 BG: 2 Tract: 1801.02 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 Tract: 1802.01 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4043 4044 4045 4046 4047 4050 4999 BG: 5 Tract: 1802.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1051 1052 1053 1054 1055 1056 1057 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2997 2999 Tract: 1803 BG: 1

TUESDAY, MARCH 25, 2003
1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1999 BG: 2 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2051 2052 2053 2054 2084 2085 Tract: 1805 BG: 1 1000 1001 1026 1999 BG: 4 4042 4043
Franklin County Tract: 9901 BG: 1 1054 1055 1056 1057 1058 1059 1060 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2996 2997 2998 2999 BG: 3 BG: 4 BG: 5 Tract: 9902 BG: 1 1025 1026 1027 1028 1030 1031 1032 1033 1034 1035 1036 1037 1038 1040 1041 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1999 BG: 2 2055 2062 2063 2068 BG: 3 BG: 4 Tract: 9903 Tract: 9904

1129

1130 Hart County Jackson County Madison County

JOURNAL OF THE SENATE

District 048 Forsyth County
Tract: 1304.01 BG: 2 2000 2001 2002 2003 2004 2026 2027 Tract: 1304.02 BG: 3 3003 3027 3028 3030 Tract: 1305.02 BG: 1 1008 1009 1012 1044 1047 1048 1049 1050 1051 1052 1053 1054 1056 1057 1058 1059 1060 1061 1062 1063 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1994 1995 1996 1997 Tract: 1306 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1013 1095 1096 1097 1098 1099 1100 1105 1106 1107 1108 1109 1110 1111 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2083 2084 2085 2086 2087 2092 2093 2998 2999
Fulton County Tract: 116.08 BG: 3 3000 3001 3997 3998 3999
Gwinnett County Tract: 501.03 Tract: 501.04 Tract: 501.05

TUESDAY, MARCH 25, 2003
BG: 1 BG: 4 4000 4001 4002 4003 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4049 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 Tract: 501.06 BG: 5 BG: 6 6032 6033 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6052 6053 6054 6055 6056 6057 Tract: 502.02 BG: 1 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1995 1996 1997 1998 1999 BG: 2 Tract: 502.04 Tract: 502.05 Tract: 502.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1995 1996 1997 1998 1999 BG: 2 BG: 3 Tract: 502.07 BG: 1 BG: 2 2000 2001 2002 2004 2005 2006 2007 2008 2009 2010 2011 BG: 3 Tract: 503.09 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3012

1131

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JOURNAL OF THE SENATE

3018 3019 3999 BG: 4 4000 4002 4004 Tract: 504.10 BG: 4 4001 4002 4003 Tract: 504.11 BG: 4 4010 4011 Tract: 504.23 BG: 3 BG: 4 Tract: 504.24 BG: 1 1000 1008 1009 1010 1011 1012 1013 1014 1015 1998 1999 BG: 2 Tract: 505.10 BG: 1 1000 1001 1006 1007 1008 1009 1012 1013 1014 1015 BG: 2 BG: 3 Tract: 505.11 Tract: 505.12 BG: 2 2000 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 BG: 3 3003 3004 3005 3006 3007 3008 3011 3012 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3999 Tract: 505.17 BG: 1 1003 1004 1005 1006 1007 1008 1009 BG: 2 Tract: 505.18 BG: 6
Hall County Tract: 15 BG: 4 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031

District 049

TUESDAY, MARCH 25, 2003
Forsyth County Tract: 1301 BG: 1 1015 1042 1043 1044 1045 1046 1049 1050 1051 1053 1054 1055 1056 1057 1058 1059 1060 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1099 1109 1110 1111 1112 1998 BG: 2 BG: 3 Tract: 1305.01 BG: 1
Hall County Tract: 1 Tract: 10.01 Tract: 10.02 Tract: 11 Tract: 12 Tract: 13 Tract: 14.01 Tract: 14.02 Tract: 15 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4997 4998 4999 Tract: 16.01 Tract: 16.02 Tract: 16.03 Tract: 2.01 Tract: 2.02 Tract: 3.01 Tract: 3.02 Tract: 4 Tract: 5

1133

1134
Tract: 6 Tract: 7 Tract: 8 Tract: 9

JOURNAL OF THE SENATE

District 050 Franklin County
Tract: 9901 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1998 1999 BG: 2 2000 2001 2050 2051 2052 2053 Tract: 9902 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1029 1039 1042 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2056 2057 2058 2059 2060 2061 2064 2065 2066 2067
Habersham County
Lumpkin County
Rabun County
Stephens County
Towns County

TUESDAY, MARCH 25, 2003
Union County
White County
District 051 Bartow County
Tract: 9601 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3078 3086 3088 3090 3091 3092 Tract: 9602 Tract: 9603 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1021 1054 1055 1056 1057 1058 1059 1060 1061 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2068 Tract: 9604 BG: 1 1020 BG: 2 2000 2001 2002 2003 2004 2005 2007 2008 2012 2013 2014 2015 2016 2017 2018 2019 2022 2026 2027 2028 2029 2030 2031 2032 2033 2034 2055 2060 2061 2062 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5011 5016 5017 5018 5020 5021 5024 5025 5026 5034 Tract: 9605 BG: 3 3001 3002 3003 3004 3005 3006 3007 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 BG: 4

1135

1136

JOURNAL OF THE SENATE

4000 4001
Cherokee County Tract: 902 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2074 2999 BG: 3 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 Tract: 903 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1036 1037 1040 1041 1042 1043 1044 1045 1046 1047 1048 1052 1991 1993 1994 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2997 2999 Tract: 904 BG: 1 1051 1052 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 BG: 4 Tract: 906.01

TUESDAY, MARCH 25, 2003
BG: 3 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 BG: 4 BG: 6 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 Tract: 906.02 BG: 5 5028 Tract: 907.01 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3051 3052 3053 3055 3056 3057 3058 3059 3060 3061 3062 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4039 4997 BG: 6
Dawson County
Fannin County
Forsyth County Tract: 1301 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1047 1048 1052 1061 1062 1063 1064 1065 1098 1100 1101 1102 1103 1104 1105 1106 1107 1108 1996 1997 1999 Tract: 1302 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

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2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2066 2067 2068 2069 2070 2071 2072 2073 2077 2078 2079 2995 2996 2997 2998 2999 Tract: 1303 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1042 1043 1044 1045 1046 1057 1999 Tract: 1304.01 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1024 1025 1026 1027 1028 1997 1998 1999
Gilmer County
Pickens County

District 052 Bartow County
Tract: 9603 BG: 1 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1998 1999 BG: 2 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2997 2998 2999 Tract: 9605 BG: 1 1008 1009 1010 1024 1025 1026 1035 1036 1037 BG: 3

TUESDAY, MARCH 25, 2003
3008 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4016 4017 4021 4022 4024 4025 4026 4027 Tract: 9606 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 BG: 3 3000 3001 3002 3003 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 BG: 5 5013 5021 BG: 6 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6992 6993 6994 6995 6996 6997 6998 Tract: 9607 BG: 1 1050 1993 1997 BG: 2 2019 2020 2025 2026 2027 2028 2031 2032 2033 BG: 4 4015 4016 4017 BG: 5 5006 Tract: 9608.02 BG: 2 2996 2997 Tract: 9608.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1059 1060 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088

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1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1999 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2999 BG: 3 Tract: 9609 Tract: 9610
Chattooga County
Floyd County

District 053 Catoosa County
Dade County
Walker County
Whitfield County Tract: 1.02 BG: 2 2151 2153 2155 2156 2157 BG: 3 3011 3012 3013 3014 3015 3016 3017 3018 3020 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3038 3046 3047 3048 3999 Tract: 12 BG: 5 5002 5003 5004 5005 5009 5010 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5032 5033 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 BG: 6 6006 Tract: 14 BG: 1 1017 1018 1019 1026 1027 1028 1029 1030 1031 BG: 2 2034 2047 2048 2049 2050 2051 2052 2057 2058 2060 2061 BG: 4

TUESDAY, MARCH 25, 2003
BG: 5 Tract: 15 BG: 1 BG: 2 BG: 3 3025 BG: 4 4005 4006 4007 4008 4009 4010 4011 4012 4033 4034 Tract: 3.02 BG: 3 3008 3009 3010 3014 3015 Tract: 5.01 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3016 Tract: 6 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 Tract: 7 Tract: 8 BG: 1 1016 1017 1018 1062 1065 1070 1999 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4007 4008 4009 4010 4013 4014 4015 4016 4017 4018 4019 4020 4021 4999 BG: 5 BG: 6 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022
District 054 Gordon County
Murray County
Whitfield County

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Tract: 1.01 Tract: 1.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2152 2154 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3019 3021 3037 3039 3040 3041 3042 3043 3044 3045 BG: 4 Tract: 10 Tract: 11 Tract: 12 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5001 5006 5007 5008 5011 5012 5013 5028 5029 5030 5031 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 BG: 6 6000 6001 6002 6003 6004 6005 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 6050 6051 6052 6053 6054 6055 6056 6057 6058 6059 6060 6061 6062 6063 6064 6065 Tract: 13 Tract: 14 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

TUESDAY, MARCH 25, 2003
1012 1013 1014 1015 1016 1020 1021 1022 1023 1024 1025 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2053 2054 2055 2056 2059 2062 2998 2999 BG: 3 Tract: 15 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3026 3027 3028 3029 3030 3031 3032 BG: 4 4000 4001 4002 4003 4004 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4035 4999 BG: 5 Tract: 2 Tract: 3.01 Tract: 3.02 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3011 3012 3013 3016 3017 3018 3019 3020 3021 3022 BG: 4 BG: 5 Tract: 4 Tract: 5.01 BG: 1 BG: 2 BG: 3 3013 3017 3018 3019 3020 3021 3022 3023 Tract: 5.02 Tract: 6 BG: 4 4019 4020 4021 4022 4023 4024 Tract: 8 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038

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1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1063 1064 1066 1067 1068 1069 1071 1072 1073 BG: 4 4005 4006 4011 4012 BG: 6 6000 6001 6002 6003 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 BG: 7 Tract: 9

District 055 DeKalb County
Tract: 218.05 BG: 4 4000 4007 Tract: 218.06 BG: 1 1046 Tract: 219.02 BG: 4 Tract: 219.04 Tract: 219.06 Tract: 219.07 Tract: 219.08 Tract: 219.09 Tract: 220.04 Tract: 220.05 BG: 3 3000 3001 3022 BG: 4 Tract: 220.06 BG: 1 1006 1007 1008 BG: 2 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 3009 3010 3011 3012 3018 3019 3021 3022 3026 3027 3029 3030 3031 3032 3033 3034 3035 3036 Tract: 220.07 BG: 1 1000 1001 1005

TUESDAY, MARCH 25, 2003
BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2014 2015 2020 2021 Tract: 220.08 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1017 BG: 2 Tract: 232.04 BG: 2 2000 2001 2002 2009 2010 2011 2012 Tract: 232.08 Tract: 232.09 Tract: 232.10 Tract: 232.11 BG: 1 1000 1001 1002 1003 1004 1005 1006 Tract: 233.02 Tract: 233.03 BG: 1 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2021 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4035 4036 4998 Tract: 233.05 Tract: 233.06 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2011 2012 2013 2014 Tract: 233.07 BG: 3 BG: 4
Gwinnett County Tract: 504.15 BG: 1

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1000 1001 1002 1004 1005 1006 1007 1008 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 BG: 3 BG: 6 Tract: 504.16 Tract: 504.30 BG: 2 BG: 3 3004 3005 3006 3007 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 Tract: 507.04 BG: 2 2007 2008 2010 2011 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4013 4014 4015 Tract: 507.09 Tract: 507.16 Tract: 507.17
District 056 Cherokee County
Tract: 905.02 BG: 4 4012 4013 4015 4016 4017 4018 4022 4023 4024 4025 4026 4027 4028 4029 4030 4997 4998 4999 BG: 5 5024 5025 5026 5027 5028 5029 5032 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5999 Tract: 907.01 BG: 3 3049 3050 3054 BG: 4 4000 4001 4036 4037 4038 4040 4041 4042 4043 4044 4045 4046 4047 4048 4050 4051 4053 Tract: 907.02 Tract: 908.01 BG: 4 BG: 5 BG: 6 BG: 7

TUESDAY, MARCH 25, 2003
7000 7001 7002 7003 7004 7005 7006 7007 7008 Tract: 908.02 Tract: 909.01 Tract: 909.02
Fulton County Tract: 101.11 BG: 1 1999 Tract: 114.03 Tract: 114.04 Tract: 114.05 Tract: 114.06 BG: 1 1000 1001 1002 1003 1004 1005 1008 1996 BG: 3 BG: 4 BG: 8 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9012 Tract: 114.07 Tract: 114.11 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1018 1019 1020 1997 BG: 2 2001 BG: 6 Tract: 114.12 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3999 BG: 6 Tract: 114.13 BG: 2 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 5 5011 Tract: 115.01 Tract: 115.02 Tract: 116.04

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Tract: 116.05 Tract: 116.06 BG: 3 3000 3001 3002 3003 BG: 4 4010 4011 4012 4013 4014 4015 4016 4020 4021 4022 BG: 9 9007 9008 9009 9010 9012 9013 9014 9015 9016 Tract: 116.07 BG: 5 BG: 7 7032 7034 7035 7036 7037 7039 7040 7041 7042 7043 7044 7045 7046 7047 7048 7049

On the adoption of the substitute, the President ordered a roll call, 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 Y Collins Y Crotts N Dean N Fort Y Gillis N Golden Y Hall Y Hamrick

N Harbison Y Harp E Henson Y Hill N Hooks Y Hudgens
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
Starr Y Stephens N Stokes Y Tanksley
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 substitute, the yeas were 32, nays 19, 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.

TUESDAY, MARCH 25, 2003

1149

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

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

N Harbison Y Harp E Henson Y Hill N Hooks Y Hudgens
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 passage of the bill, the yeas were 33, nays 21.

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

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 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.

The Senate Finance Committee offered the following substitute to SB 182:

A BILL TO BE ENTITLED AN ACT

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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 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances, is amended by striking in its entirety Code Section 41-2-8, relating to definitions, and inserting in lieu thereof the following:
"41-2-8. As used in Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17, the term:
(1) 'Applicable codes' means (A) any optional housing or abatement standard provided in Chapter 2 of Title 8 as adopted by ordinance or operation of law, or other property maintenance standards as adopted by ordinance or operation of law, or general nuisance law, relative to the safe use of real property; (B) any fire or life safety code as provided for in Chapter 2 of Title 25; and (C) any building codes adopted by local ordinance prior to October 1, 1991, or the minimum standard codes provided in Chapter 2 of Title 8 after October 1, provided that such building or minimum standard codes for real property improvements shall be deemed to mean those building or minimum standard codes in existence at the time such real property improvements were constructed unless otherwise provided by law. (2) 'Closing' means causing a dwelling, building, or structure to be vacated and secured against unauthorized entry. (3) 'Drug crime' means an act which is a violation of Article 2 of Chapter 13 of Title 16, known as the 'Georgia Controlled Substances Act.' (4) 'Dwellings, buildings, or structures' means any building or structure or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouses, improvements, and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. As used in Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17, the term 'dwellings, buildings, or structures' shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products.

TUESDAY, MARCH 25, 2003

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(5) 'Governing authority' means the board of commissioners or sole commissioner of a county or the council, board of commissioners, board of aldermen, or other legislative body charged with governing a municipality. (6) 'Interested party' means:
(A) Owner; (B) Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the State Bar of Georgia; (C) Those parties having filed a notice in accordance with Code Section 48-3-9; (D) Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records maintained in the county courthouse or by the clerk of the court. 'Interested party' shall not include the holder of the benefit or burden of any easement or right of way whose interest is properly recorded which interest shall remain unaffected; and (E) Persons in possession of said property and premises. (6)(7) 'Municipality' means any incorporated city within this state. (7)(8) 'Owner' means the holder of the title in fee simple and every mortgagee of record. (8) 'Parties in interest' means: (A) Persons in possession of said property and premises; (B) Persons having of record in the county in which the dwelling, building, or structure is located any vested right, title, or interest in or lien upon such dwelling, building, or structure or the lot, tract, or parcel of real property upon which the structure is situated or upon which the public health hazard or general nuisance exists based upon a 50 year title examination conducted in accordance with the title standards of the State Bar of Georgia; (C) Persons having paid an occupational tax to the governing authority for a location or office at the subject building or structure; or (D) Persons having filed a property tax return with the governing authority as to the subject property, building, or structure. (9) 'Public authority' means any member of a governing authority, any housing authority officer, or any officer who is in charge of any department or branch of the government of the municipality, county, or state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the county or municipality. (10) 'Public officer' means the officer or officers who are authorized by Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17 and by ordinances adopted under Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17 to exercise the powers prescribed by such ordinances or any agent of such officer or officers. (11) 'Repair' means altering or improving a dwelling, building, or structure so as to bring the structure into compliance with the applicable codes in the jurisdiction where the property is located and the cleaning or removal of debris, trash, and other

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materials present and accumulated which create a health or safety hazard in or about any dwelling, building, or structure. (12) 'Resident' means any person residing in the jurisdiction where the property is located on or after the date on which the alleged nuisance arose."
SECTION 2. Said chapter is further amended in Code Section 41-2-9, relating to county or municipal ordinances relating to unfit buildings or structures, by striking subsections (a) and (b) and inserting in lieu thereof the following:
"(a) In addition to any other remedies or enforcement mechanisms available, upon the adoption of an ordinance finding that dwelling, building, or structure conditions of the character described in Code Section 41-2-7 exist within a county or municipality, the governing body of such county or municipality is authorized to adopt ordinances relating to the dwellings, buildings, or structures within such county or municipality which are unfit for human habitation or commercial, industrial, or business uses and not in compliance with applicable codes, which are vacant and being used in connection with the commission of drug crimes, or which constitute an endangerment to the public health or safety as a result of unsanitary or unsafe conditions. Such ordinances shall include at least the following provisions:
(1) That it is the duty of the owner of every dwelling, building, structure, or property within the jurisdiction to construct and maintain such dwelling, building, structure, or property in conformance with applicable codes in force within the jurisdiction, or such ordinances which regulate and prohibit activities on property and which declare it to be a public nuisance to construct or maintain any dwelling, building, structure, or property in violation of such codes or ordinances; (2) That a public officer be designated or appointed to exercise the powers prescribed by the ordinances; (3) That whenever a request is filed with the public officer by a public authority or by at least five residents of the municipality or by five residents of the unincorporated area of the county if the property in question is located in the unincorporated area of the county charging that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the public officer shall make an investigation or inspection of the specific dwelling, building, structure, or property. If the officers investigation or inspection identifies that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the public officer may issue a complaint in rem against the lot, tract, or parcel of real property on which such dwelling, building, or structure is situated or where such public health hazard or

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general nuisance exists and shall cause summons and a copy of the complaint to be served on the owner and parties in interest in interested parties for such dwelling, building, or structure. The complaint shall identify the subject real property by appropriate street address and official tax map reference; identify the owner and parties in interest interested parties; state with particularity the factual basis for the action; and contain a statement of the action sought by the public officer to abate the alleged nuisance. The summons shall notify the owner and parties in interest interested parties that a hearing will be held before a court of competent jurisdiction as determined by Code Section 41-2-5, at a date and time certain and at a place within the county or municipality where the property is located. Such hearing shall be held not less than 15 days nor more than 45 days after the filing of said complaint in the proper court. The owner and parties in interest interested parties shall have the right to file an answer to the complaint and to appear in person or by attorney and offer testimony at the time and place fixed for hearing; (4) That if, after such notice and hearing, the court determines that the dwelling, building, or structure in question is unfit for human habitation or is unfit for its current commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the court shall state in writing findings of fact in support of such determination and shall issue and cause to be served upon the owner and any parties in interest interested parties that have answered the complaint or appeared at the hearing an order:
(A) If the repair, alteration, or improvement of the said dwelling, building, or structure can be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to repair, alter, or improve such dwelling, building, or structure so as to bring it into full compliance with the applicable codes relevant to the cited violation and, if applicable, to secure the structure so that it cannot be used in connection with the commission of drug crimes; or (B) If the repair, alteration, or improvement of the said dwelling, building, or structure in order to bring it into full compliance with applicable codes relevant to the cited violations cannot be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to demolish and remove such dwelling, building, or structure and all debris from the property. For purposes of this Code section, the court shall make its determination of 'reasonable cost in relation to the present value of the dwelling, building, or structure' without consideration of the value of the land on which the structure is situated; provided, however, that costs of the preparation necessary to repair, alter, or improve a structure may be considered. Income and financial status of the owner shall not be factor in the courts determination. The present value of the structure and the costs of repair, alteration, or improvement may be established by affidavits of real estate

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appraisers with a Georgia appraiser classification as provided in Chapter 39A of Title 43, qualified building contractors, or qualified building inspectors without actual testimony presented. Costs of repair, alteration, or improvement of the structure shall be the cost necessary to bring the structure into compliance with the applicable codes relevant to the cited violations in force in the jurisdiction; (5) That, if the owner fails to comply with an order to repair or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure to be repaired, altered, or improved or to be vacated and closed or demolished. Such abatement action shall commence within 270 days after the expiration of time specified in the order for abatement by the owner. Any time during which such action is prohibited by a court order issued pursuant to Code Section 41-213 or any other equitable relief granted by a court of competent jurisdiction shall not be counted toward the 270 days in which such abatement action must commence. The public officer shall cause to be posted on the main entrance of the building, dwelling, or structure a placard with the following words:
'This building is unfit for human habitation or commercial, industrial, or business use and does not comply with the applicable codes or has been ordered secured to prevent its use in connection with drug crimes or constitutes an endangerment to public health or safety as a result of unsanitary or unsafe conditions. The use or occupation of this building is prohibited and unlawful.'; (6) If the public officer has the structure demolished, reasonable effort shall be made to salvage reusable materials for credit against the cost of demolition. The proceeds of any moneys received from the sale of salvaged materials shall be used or applied against the cost of the demolition and removal of the structure, and proper records shall be kept showing application of sales proceeds. Any such sale of salvaged materials may be made without the necessity of public advertisement and bid. The public officer and governing authority are relieved of any and all liability resulting from or occasioned by the sale of any such salvaged materials, including, without limitation, defects in such salvaged materials; and (7) That the amount of the cost of demolition, including all court costs, appraisal fees, administrative costs incurred by the county tax commissioner or municipal tax collector or city revenue officer, and all other costs necessarily associated with the abatement action, including restoration to grade of the real property after demolition, shall be a lien against the real property upon which such cost was incurred. (b)(1) The lien provided for in paragraph (7) of subsection (a) of this Code section shall attach to the real property upon the filing of a certified copy of the order requiring repair, closure, or demolition in the office of the clerk of superior court in the county where the real property is located and shall relate back to the date of the filing of the lis pendens notice required under subsection (g) (c) of Code Section 41-212. The clerk of superior court shall record and index such certified copy of the order in the deed records of the county and enter the lien on the general execution docket. The lien shall be superior to all other liens on the property, except liens for taxes to which the lien shall be inferior, and shall continue in force until paid. After filing a

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certified copy of the order with the clerk of superior court, the public officer shall forward a copy of the order and a final statement of costs to the county tax commissioner. (2) Upon final determination of costs, fees, and expenses incurred in accordance with this chapter, the public officer responsible for enforcement actions in accordance with this chapter shall transmit to the appropriate county tax commissioner or municipal tax collector or city revenue officer a statement of the total amount due and secured by said lien, together with copies of all notices provided to interested parties. The statement of the public officer shall be transmitted within 90 days of completion of the repairs, demolition, or closure. It shall be the duty of the appropriate county tax commissioner to collect the amount of the lien in conjunction with the collection of ad valorem taxes on the property and or municipal tax collector or city revenue officer, who is responsible or whose duties include the collection of municipal taxes, to collect the amount of the lien as if it were a real property ad valorem tax, using all methods available for collecting real property ad valorem taxes, including specifically Chapter 4 of Title 48; provided, however, that the limitation of Code Section 48-4-78 which requires 12 months of delinquency before commencing a tax foreclosure shall not apply. A county tax commissioner shall collect and enforce municipal liens imposed pursuant to this chapter in accordance with Code Section 48-5-359.1. The county tax commissioner or municipal tax collector or city revenue officer shall remit the amount collected to the governing authority of the county or municipality whose ordinance lien is being collected enforced. Thirty days after imposition of the lien, the unpaid lien amount shall bear interest and penalties in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes. (2) Where the remittance is to a municipality, the tax commissioner shall collect and retain an amount equal to the cost of administering a lien authorized by this chapter unless such costs are waived by resolution of the county governing authority. Any such amount collected and retained for administration shall be deposited in the general fund of the county to pay the cost of administering the lien. (3) Enforcement of liens pursuant to this Code section may be initiated at any time following receipt by the county tax commissioner or municipal tax collector or city revenue officer of the final determination of costs in accordance with this chapter. The unpaid lien amount shall bear interest and penalties from and after the date of final determination of costs in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes. An enforcement proceeding pursuant to Code Section 48-4-78 for delinquent ad valorem taxes may include all amounts due under this chapter. (4) The redemption amount in any enforcement proceeding pursuant to this Code section shall be the full amount of the costs as finally determined in accordance with this Code section together with interest, penalties, and costs incurred by the governing authority, county tax commissioner, municipal tax collector, or city revenue officer in the enforcement of such lien. Redemption of property from the lien may be made in accordance with the provisions of Code Sections 48-4-80 and 48-4-81."

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SECTION 3. Said chapter is further amended by striking Code Section 41-2-12, relating to service of complaints or orders upon parties in interest and owners of unfit buildings or structures, in its entirety and inserting in lieu thereof the following:
"41-2-12. (a) Complaints issued by a public officer pursuant to an ordinance adopted under Code Sections 41-2-7 through 41-2-11, this Code section, and Code Sections 41-2-13 through 41-2-17 shall be served in the following manner. In all cases, a copy of the complaint and summons shall be conspicuously posted on the subject dwelling, building, or structure within three business days of filing of the complaint and at least ten days prior to the date of the hearing. A copy of the complaint and summons shall be served in one of the following ways: (1) Personal service upon each owner and party in interest if such parties are residents of the county. Service shall be perfected at least ten days prior to the date of the hearing. Service may be made by the public officer designated by ordinance to abate nuisances or by any law enforcement officer of the county or municipality whose ordinance is being enforced; and a return of service, filed with the clerk of the appropriate court, shall be deemed sufficient proof that service was perfected;
(2) Pursuant to the provisions of Article 5 of Chapter 4 of Title 48; or (3) Statutory overnight delivery. (b) If any owner or party in interest is a resident of this state but resides outside of the county, service shall be perfected by certified mail or statutory overnight delivery, return receipt requested, to the most recent address shown in county tax filings and mailed at least 14 days prior to the date of the hearing. At least 14 days prior to the date of the hearing, the public officer shall mail copies of the complaint by certified mail or statutory overnight delivery, return receipt requested, to all interested parties whose identity and address are reasonably ascertainable. Copies of the complaint shall also be mailed by first-class mail to the property address to the attention of the occupants of the property, if any, and shall be posted on the property within three business days of filing the complaint and at least 14 days prior to the date of the hearing. (c)(b) For interested parties Nonresidents of this state, whose mailing address is known, shall be served by certified mail or statutory overnight delivery, return receipt requested, mailed at least 14 days prior to the date of the hearing. For nonresidents whose mailing address is unknown, a notice stating the date, time, and place of the hearing shall be published in the newspaper in which the sheriffs advertisements appear in such county once a week for two consecutive weeks prior to the hearing. (d) In the event either the owner or any party in interest is a minor, an estate, an incompetent person, or person laboring under disabilities, the guardian or other personal representative of such person shall be served and if such guardian or personal representative resides outside the county or is a nonresident of this state, he or she shall be served as provided for in subsection (c) of this Code section. If such owner or party in interest has no guardian or personal representative, service shall be perfected by

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serving the judge of the probate court of the county wherein such property is located at least 30 days prior to the date of the hearing which judge shall stand in the place of and protect the rights of such minor, estate, or incompetent person or appoint a guardian ad litem for such person. (e) In the event of unknown persons or unborn remaindermen who are likely to have any rights in the property or interest or the proceeds thereof, the judge of the probate court of the county wherein such property or interest is located shall be personally served at least 30 days prior to the date of the hearing, and it shall be the duty of the judge of the probate court to stand in the place of and protect the rights of such unknown parties or unborn remaindermen. (f) In the event the whereabouts of any owner or party in interest is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence or if any owner or party in interest cannot, after due diligence, be served as provided in this Code section, the public officer shall make an affidavit to that effect and serve by publication in the manner provided in subsection (c) of this Code section, and such publication shall be sufficient proof that service was perfected. (g)(c) A notice of lis pendens shall be filed in the office of the clerk of superior court in the county in which the dwelling, building, or structure is located at the time of filing the complaint in the appropriate court. Such notice shall have the same force and effect as other lis pendens notices provided by law. (h)(d) Orders and other filings made subsequent to service of the initial complaint shall be served in the manner provided in this Code section on the owner and any party in interest interested party who answers the complaint or appears at the hearing. Any interested party who fails to answer or appear at the hearing shall be deemed to have waived all further notice in the proceedings."
SECTION 4. Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, is amended in Code Section 48-4-76, relating to judicial in rem tax foreclosures, by adding a new subsection (d) to read as follows:
"(d) The enforcement proceedings authorized by this article may be initiated by a county, by a municipality, by one acting on behalf of the other pursuant to contract, or by joint action in a single proceeding."
SECTION 5. Said chapter is further amended in Code Section 48-4-78, relating to identification of tax delinquent properties and commencement of tax foreclosure, by striking subsection (a) and inserting in lieu thereof the following:
"(a) After an ad valorem tax lien, based upon a digest approved in accordance with the law, has become payable and is past due and thereby delinquent, a tax commissioner or other tax collector, as appropriate, may identify those properties on which to commence a tax foreclosure in accordance with this article. The tax commissioner or other tax

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collector, as appropriate, shall not commence tax foreclosure in accordance with this article for a period of 12 months following the date upon which the taxes initially became delinquent. Once enforcement proceedings have commenced in accordance with the provisions of this article, the enforcement proceedings may be amended to include any and all ad valorem taxes which become delinquent subsequent to the date of the initial ad valorem tax lien that was the original basis for the enforcement proceedings."
SECTION 6. This Act shall become effective on July 1, 2003.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, 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
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 E Henson 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 Seay Y Shafer
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

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On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Shafer of the 48th asked unanimous consent that Senator Cagle of the 49th be excused. The consent was granted, and Senator Cagle was excused.
The calendar was resumed.

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.
The Senate Judiciary Committee offered the following substitute to SB 1:
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 define criminal negligence; to provide for legislative findings and intent; to change the definition of cruelty to children and to provide for third degree cruelty to children; to provide for the crime of endangerment of a child under the age of 16; to provide limitations of criminal liability; to provide for penalties; to provide that the offense is in addition to other offenses; to redefine the term "serious injury" to include sexual abuse of a minor under the age of 16 years; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that the State of Georgia is a leader in the nation in its concern for the protection and well-being of its children. The General Assembly seeks to protect the well-being of this states children while preserving the integrity of family

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discipline. The General Assembly shares the concern for the protection of victims of domestic violence. The General Assembly believes that balancing the protection of the health and safety of this states children and victims of domestic violence, while preserving a parents right to discipline his or her child, is important to all Georgians and vital to the safety of this states children.
SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-2-1, relating to the definition of a crime, by designating the existing Code section as subsection (a) and adding a new subsection (b) to read as follows:
"(b) Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby."
SECTION 3. Said title is further amended in Code Section 16-5-70, relating to cruelty to children, by striking subsections (c), (d), and (e) and inserting in lieu thereof the following:
"(c) Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain. (d) Any person commits the offense of cruelty to children in the third degree when:
(1) Such person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery; or (2) Such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery. (d)(e)(1) A person convicted of the offense of cruelty to children in the first degree as provided in this Code section shall be punished by imprisonment for not less than five nor more than 20 years. (e)(2) A person convicted of the offense of cruelty to children in the second degree shall be punished by imprisonment for not less than one nor more than ten years. (3) A person convicted of the offense of cruelty to children in the third degree shall be punished as for a misdemeanor upon the first or second conviction. Upon conviction of a third or subsequent offense of cruelty to children in the second third degree, the defendant shall be guilty of a felony and shall be sentenced to a fine not less than $1,000.00 nor more than $5,000.00 or imprisonment for not less than one year nor more than three years or shall be sentenced to both fine and imprisonment."
SECTION 4. Said title is further amended in said Code Section 16-5-70 by inserting a new subsection

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(f) to read as follows: "(f) The offense of cruelty to children in the third degree shall not be merged with a forcible felony, battery, or family violence battery, nor shall such offense be merged into another violation of cruelty to children in the third degree, and each violation shall be considered a separate offense."
SECTION 5. Said title is further amended by adding a new Code Section 16-5-73 to follow Code Section 16-5-72, relating to reckless abandonment, to read as follows:
"16-5-73. (a) A person having immediate control or custody of a child under the age of 16 commits the offense of endangering a child if the person intentionally or with criminal negligence places the child in imminent danger of:
(1) Death; or (2) Cruel or excessive physical or mental pain. (b) A person may not be held criminally liable under this Code section if the person reasonably believed that the act or failure to act could result in cruel or excessive mental or physical pain caused by the family violence primary aggressor. (c) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor. (d) Any violation of this Code section shall be in addition to any other offense as provided by law. (e) Nothing in this Code section shall prohibit the use of the affirmative defense of: (1) Justification where a parent or person in loco parentis conducts reasonable discipline of a child under the age of 16 as provided in paragraph (3) of Code Section 16-3-20; or (2) Any other affirmative defense as provided by law."
SECTION 6. Said title is further amended in Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, by striking paragraph (4) of subsection (a) and inserting in lieu thereof the following:
"(4) 'Serious injury' means an injury involving a broken bone, the loss of a member of the body, the loss of use of a member of the body, or the substantial disfigurement of the body or of a member of the body, or an injury which is life threatening, or any sexual abuse of a child under 16 years of age by means of an act described in subparagraph (a)(4)(A), (a)(4)(G), or (a)(4)(I) of Code Section 16-12-100."
SECTION 7. This Act shall become effective on July 1, 2003, and shall apply to all crimes which occur on or after that effective date.

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SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Smith of the 52nd offered the following amendment #1:

Amend the substitute bill offered to SB1, such bill being designated LC 29 0828TS, by
striking line 25 of page 1 and inserting in lieu thereof the following: "injured thereby; provided, however, that the lawful ownership, possession, keeping, or
storing of a firearm, including that which is ready for immediate use in self defense, shall not be considered criminal negligence under this section."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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

N Harbison Y Harp E Henson N Hill N Hooks Y Hudgens N Jackson Y Johnson N Kemp,B N Kemp,R N Lamutt Y Lee N Levetan N Me V Bremen N 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 N Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson N Tolleson Y Unterman Y Williams
Zamarripa

On the adoption of the amendment, the yeas were 16, nays 36, and the Smith of the 52nd amendment #1 to the committee substitute was lost.

Senator Hudgens of the 47th offered the following amendment #2:

Amend the Senate Judiciary Committee substitute to SB 1 by inserting between lines 6 and 7 on page 3 a new subsection (a.1) to read as follows:

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"(a.1) A person commits the offense of endangering a child if he or she with criminal
negligence hurts or terminates the life of the fetus of a woman who is beyond her twenty-fourth week of pregnancy."

Senator Hudgens of the 47th asked unanimous consent that his amendment #2 be withdrawn. The consent was granted, and the amendment was withdrawn.

On the adoption of the substitute, the yeas were 48, 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 E 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 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 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 54, 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 2:08 p.m.

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Senate Chamber, Atlanta, Georgia Wednesday, March 26, 2003
Twenty-ninth Legislative Day

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

Senator Johnson of the 1st 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 236. By Representative Golick of the 34th, Post 3:

A BILL to amend Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions, so as to include insurance fraud within the definition of racketeering activity under the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act"; and for other purposes.

HB 339.

By Representatives Greene of the 134th, Sholar of the 141st, Post 1, Reece of the 11th and Buckner of the 109th:

A BILL to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to change certain provisions relating to confidentiality of papers, exemption from subpoena, and declassification; and for other purposes.

HB 341.

By Representatives McBee of the 74th, Buck of the 112th, Porter of the 119th and Gardner of the 42nd, Post 3:

A BILL to amend Code Section 20-3-519.3 of the Official Code of Georgia Annotated, relating to HOPE scholarship eligibility requirements for students attending private postsecondary institutions, so as to make certain

WEDNESDAY, MARCH 26, 2003

1165

HB 352. HB 383. HB 415. HB 447.

students attending such institutions part time eligible for HOPE scholarships; and for other purposes.
By Representatives Harbin of the 80th, Campbell of the 39th, Powell of the 23rd and Boggs of the 145th:
A BILL to amend Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking licenses, so as to provide that complainants shall be notified of the status and disposition of complaints filed against licensees of professional licensing boards; and for other purposes.
By Representatives Birdsong of the 104th, Royal of the 140th, Smyre of the 111th, Porter of the 119th, Buck of the 112th and others:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that military income received by a member of the national guard or any reserve component of the armed services of the United States stationed in a combat zone as a result of military orders shall not be subject to state income tax; and for other purposes.
By Representatives Snow of the 1st, Boggs of the 145th, Day of the 126th, Jenkins of the 93rd, Hill of the 81st and others:
A BILL to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to provide that engaging in specified businesses shall be a violation of a sheriff's oath of office; and for other purposes.
By Representatives Powell of the 23rd and Parham of the 94th:
A BILL 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 applications of minors for drivers' licenses and distinctive license for persons under age 21; to change certain provisions relating to when courts are to send licenses and reports of convictions to the Department of Motor Vehicle Safety; to amend Code Section 42-8-112 of the Official Code of Georgia Annotated, relating to proof of compliance required for reinstatement of certain drivers' licenses and for obtaining probationary licenses and reporting requirements; to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools; and for other purposes.

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HB 638. HB 673. HB 684. HB 690. HB 691.
HB 692.

By Representatives Channell of the 77th, Shaw of the 143rd, Parrish of the 102nd, Purcell of the 122nd, Greene of the 134th and others:
A BILL to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefits plans, so as to include employees of public or nonprofit critical access hospitals in certain state benefits plans; and for other purposes.
By Representatives Epps of the 90th and Brown of the 89th:
A BILL to create the City of LaGrange Gas Authority and to provide for the appointment of members of the authority; and for other purposes.
By Representative Twiggs of the 8th:
A BILL to amend, restate, revise, and modernize the law relating to the Board of Commissioners of Rabun County; to provide for commissioner districts; to provide for the election, qualifications and filling of vacancies of members of said board; and for other purposes.
By Representatives Parsons of the 29th, Franklin of the 17th, Ehrhart of the 28th, Hines of the 35th, Teilhet of the 34th, Post 2 and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensations of the clerk and the chief deputy clerk of the State Court of Cobb County; and for other purposes.
By Representatives Parsons of the 29th, Franklin of the 17th, Ehrhart of the 28th, Hines of the 35th, Teilhet of the 34th, Post 2 and others:
A BILL 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, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; and for other purposes.
By Representatives Royal of the 140th and Rynders of the 137th:
A BILL to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the description of the council districts; and for other purposes.

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HB 694. HB 695.
HB 698. HB 699. HB 702.

By Representatives Lewis of the 12th, Smith of the 13th, Post 2, Childers of the 13th, Post 1 and Cummings of the 19th:
A BILL to create the Cartersville Building Authority as a public corporation and an instrumentality of the State of Georgia; and for other purposes.
By Representatives Roberts of the 135th, Dukes of the 136th and Rynders of the 137th:
A BILL to amend an Act providing for the merger of the independent school system of the City of Albany and the school district in the County of Dougherty lying outside the corporate limits of said city, so as to provide that the tax commissioner of Dougherty County shall retain an amount not exceeding a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Dougherty County to reimburse the county for the cost of collecting school taxes; and for other purposes.
By Representatives Ehrhart of the 28th, Manning of the 32nd, Parsons of the 29th, Franklin of the 17th, Hines of the 35th and others:
A BILL to amend an Act creating the Cobb Judicial Circuit, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; and for other purposes.
By Representatives Roberts of the 135th, Dukes of the 136th and Rynders of the 137th:
A BILL to amend an Act creating the office of County Administrator of Dougherty County, so as to change the provisions regarding the Clerk of the Board of Commissioners of Dougherty County; and for other purposes.
By Representatives Manning of the 32nd, Ehrhart of the 28th, Parsons of the 29th, Hines of the 35th, Noel of the 44th and others:
A BILL to amend an Act providing for the election of members of the Board of Education of Cobb County, so as to change the description of the education districts of such board; and for other purposes.

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HB 704.

By Representatives Lucas of the 105th, Birdsong of the 104th, Randall of the 107th, Ray of the 108th, Graves of the 106th and others:

A BILL to amend an Act establishing the Board of Public Education for Bibb County, so as to change the description of the education districts; and for other purposes.

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

HR 90.

By Representative Jamieson of the 22nd:

A RESOLUTION commending the Military Veterans of Banks County and designating the Veterans Memorial Highway; and for other purposes.

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

SB 314. By Senators Squires of the 5th, Price of the 56th, Thomas of the 10th and Thomas of the 54th:

A BILL to be entitled an Act to amend Code Section 33-20A-31 of the Official Code of Georgia Annotated, relating to definitions relative to a patients right to independent review with regard to managed health care plans, so as to amend the definition of the terms "medical necessity," "medically necessary care," and "medically necessary and appropriate" with regard to a patients right to independent review of a decision of a managed care entity; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Health and Human Services Committee.

SB 315. By Senators Price of the 56th, Thomas of the 54th, Williams of the 19th, Unterman of the 45th, Golden of the 8th and Meyer von Bremen of the 12th:

A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the O.C.G.A., the "Georgia Medical Assistance Act of 1977," so as to provide for one or more pilot programs to test and evaluate the implementation of a coordinated system of managed health care for recipients of medical assistance and PeachCare for Kids; to provide for program eligibility; to provide for program administration and contracts; to provide for an exemption from competitive bidding requirements; to provide for minimum qualifications for administrators participating in a pilot program; to provide for payment to participating administrators of a pilot program; to provide for a deadline to

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begin a pilot program; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 316. By Senators Hall of the 22nd and Cheeks of the 23rd:
A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide that if a writ of possession is issued against a tenant and the tenant does not appeal or remove the tenants personal property within a certain period of time, then such personal property shall be deemed abandoned and become the landlords property; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 317. By Senators Bulloch of the 11th, Meyer von Bremen of the 12th and Bowen of the 13th:
A BILL to be entitled an Act to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to season and bag limits, promulgation of rules and regulations by the board, possession of more than bag limit, and reporting number of deer killed, so as to change certain provisions relating to closed seasons for deer; to change certain provisions relating to open seasons, bag limits, and antler restrictions for deer; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

SB 318. By Senators Seabaugh of the 28th, Hudgens of the 47th and Hamrick of the 30th:
A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that an assistant district attorney who is a member of the Employees Retirement System of Georgia may obtain creditable service for certain prior service as an assistant district attorney; to provide that any member of the Georgia Judicial Retirement System may obtain creditable service for such service; to provide

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for application and payment of the full actuarial value of such service; to provide conditions and limitations; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
SB 319. By Senator Lee of the 29th:
A BILL to be entitled an Act to amend Code Section 50-13-41 of the Official Code of Georgia Annotated, relating to hearing procedures and the powers of an administrative law judge, so as to provide that an administrative law judge may not require a party in a contested case to submit testimony in written form; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 320. By Senator Lee of the 29th:
A BILL to be entitled an Act to create the Troup County Public Facilities Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges, and earnings of the Authority, contract payments to the Authority, and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the Authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the Authority and to define the rights of the holders of such obligations; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 321. By Senator Lee of the 29th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Meriwether County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; 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.

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SB 322. By Senator Lee of the 29th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved February 27, 1992 (Ga. L. 1992, p. 4796), so as to reconstitute the Board of Commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 323. By Senator Lee of the 29th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Troup County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; 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 324. By Senators Jackson of the 50th, Golden of the 8th, Brown of the 26th, Starr of the 44th, Dean of the 31st and Gillis of the 20th:
A BILL to be entitled an Act to amend Titles 16, 26, 41, 44, and 51 of the O.C.G.A., relating respectively to crimes and offenses; food, drugs, and cosmetics; nuisances; property; and torts, so as to provide enhanced penalties and requirements for persons involved with or property involved with substances used in connection with manufacturing methamphetamine; to provide for the offense of unlawful endangerment of property; to provide for enhanced penalties for theft or attempt or conspiracy to commit the theft of anhydrous ammonia; to provide for penalties for unlawfully providing materials for production of controlled substances; to provide for penalties for possession of ephedrine; to provide for marketing ephedrine; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.

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SB 325. By Senators Harp of the 16th and Kemp of the 3rd:
A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to operation of trains generally, so as to provide that no railroad company shall operate remote controlled locomotives; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SB 326. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody in general, so as to change provisions relating to the right of children of certain ages who are the subject of custody cases to influence the selection of the custodial parent; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 327. By Senators Hamrick of the 30th, Dean of the 31st and Lee of the 29th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Temple, approved March 28, 1974 (Ga. L. 1974, p. 3609), as amended, so as to change the description of the city council districts; to provide for definitions and inclusions; to provide for continuation in office of the current mayor and city councilmembers; to provide for election and terms of office of subsequent mayors and councilmembers; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 328. By Senators Bulloch of the 11th, Williams of the 19th, Gillis of the 20th, Bowen of the 13th and Golden of the 8th:
A BILL to be entitled an Act to amend Code Section 27-3-9 of the Official Code of Georgia Annotated, relating to unlawful enticement of game, so as to change certain provisions relating to hunting deer within the vicinity of feed; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

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SB 329. By Senators Seabaugh of the 28th, Golden of the 8th, Lamutt of the 21st, Shafer of the 48th and Dean of the 31st:
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 "Spending Account and Consumer Driven Health Plan Advancement Act"; to provide a short title; to provide for legislative intent and purposes; to provide definitions; to authorize the issuance of spending account plans and customer driven health plans for individuals and groups; to provide for the payment for health care services; to provide for the features of such plans; to provide for certain contractual provisions; to provide for limitations on contracts issued; to provide for certain prohibitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 330. By Senators Price of the 56th and Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 28-5-5 of the Official Code of Georgia Annotated, relating to the Budgetary Responsibility Oversight Committee, so as to change the method of appointment and time of service of certain members of the committee; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Rules Committee.
SR 293. By Senators Hamrick of the 30th, Dean of the 31st and Lee of the 29th:
A RESOLUTION designating the Billy Jiles Memorial Highway; and for other purposes.
Referred to the Transportation Committee.
The following House legislation was read the first time and referred to committee:
HB 236. By Representative Golick of the 34th, Post 3:
A BILL to amend Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions, so as to include insurance fraud within the definition of racketeering activity under the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act"; and for other purposes.
Referred to the Judiciary Committee.

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HB 339. By Representatives Greene of the 134th, Sholar of the 141st, Post 1, Reece of the 11th and Buckner of the 109th:
A BILL to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to change certain provisions relating to confidentiality of papers, exemption from subpoena, and declassification; and for other purposes.
Referred to the Judiciary Committee.
HB 341. By Representatives McBee of the 74th, Buck of the 112th, Porter of the 119th and Gardner of the 42nd, Post 3:
A BILL to amend Code Section 20-3-519.3 of the Official Code of Georgia Annotated, relating to HOPE scholarship eligibility requirements for students attending private postsecondary institutions, so as to make certain students attending such institutions part time eligible for HOPE scholarships; and for other purposes.
Referred to the Higher Education Committee.
HB 352. By Representatives Harbin of the 80th, Campbell of the 39th, Powell of the 23rd and Boggs of the 145th:
A BILL to amend Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking licenses, so as to provide that complainants shall be notified of the status and disposition of complaints filed against licensees of professional licensing boards; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 383. By Representatives Birdsong of the 104th, Royal of the 140th, Smyre of the 111th, Porter of the 119th, Buck of the 112th and others:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that military income received by a member of the national guard or any reserve component of the armed services of the United States stationed in a combat zone as a result of military orders shall not be subject to state income tax; and for other purposes.
Referred to the Finance Committee.

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HB 415. By Representatives Snow of the 1st, Boggs of the 145th, Day of the 126th, Jenkins of the 93rd, Hill of the 81st and others:
A BILL to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to provide that engaging in specified businesses shall be a violation of a sheriff's oath of office; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 447. By Representatives Powell of the 23rd and Parham of the 94th:
A BILL 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 applications of minors for drivers' licenses and distinctive license for persons under age 21; to change certain provisions relating to when courts are to send licenses and reports of convictions to the Department of Motor Vehicle Safety; to amend Code Section 42-8-112 of the Official Code of Georgia Annotated, relating to proof of compliance required for reinstatement of certain drivers' licenses and for obtaining probationary licenses and reporting requirements; to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 551. By Representatives O`Neal of the 117th and Richardson of the 26th:
A BILL to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary scholarships, loans, and grants, so as to change certain provisions regarding the Georgia Student Finance Commission and the Georgia Student Finance Authority; to change certain provisions regarding the board of commissioners of the commission; to change certain provisions regarding the board of directors of the authority; and for other purposes.
Referred to the Higher Education Committee.
HB 638. By Representatives Channell of the 77th, Shaw of the 143rd, Parrish of the 102nd, Purcell of the 122nd, Greene of the 134th and others:
A BILL to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefits plans, so as to include

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employees of public or nonprofit critical access hospitals in certain state benefits plans; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 673. By Representatives Epps of the 90th and Brown of the 89th:
A BILL to create the City of LaGrange Gas Authority and to provide for the appointment of members of the authority; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 684. By Representative Twiggs of the 8th:
A BILL to amend, restate, revise, and modernize the law relating to the Board of Commissioners of Rabun County; to provide for commissioner districts; to provide for the election, qualifications and filling of vacancies of members of said board; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 690. By Representatives Parsons of the 29th, Franklin of the 17th, Ehrhart of the 28th, Hines of the 35th, Teilhet of the 34th, Post 2 and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensations of the clerk and the chief deputy clerk of the State Court of Cobb County; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 691. By Representatives Parsons of the 29th, Franklin of the 17th, Ehrhart of the 28th, Hines of the 35th, Teilhet of the 34th, Post 2 and others:
A BILL 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, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 692. By Representatives Royal of the 140th and Rynders of the 137th:
A BILL to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the description of the council districts; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 694. By Representatives Lewis of the 12th, Smith of the 13th, Post 2, Childers of the 13th, Post 1 and Cummings of the 19th:
A BILL to create the Cartersville Building Authority as a public corporation and an instrumentality of the State of Georgia; and for other purposes.
Referred to the State and Local Governmental Operations Committee .
HB 695. By Representatives Roberts of the 135th, Dukes of the 136th and Rynders of the 137th:
A BILL to amend an Act providing for the merger of the independent school system of the City of Albany and the school district in the County of Dougherty lying outside the corporate limits of said city, so as to provide that the tax commissioner of Dougherty County shall retain an amount not exceeding a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Dougherty County to reimburse the county for the cost of collecting school taxes; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 698. By Representatives Ehrhart of the 28th, Manning of the 32nd, Parsons of the 29th, Franklin of the 17th, Hines of the 35th and others:
A BILL to amend an Act creating the Cobb Judicial Circuit, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 699. By Representatives Roberts of the 135th, Dukes of the 136th and Rynders of the 137th:
A BILL to amend an Act creating the office of County Administrator of Dougherty County, so as to change the provisions regarding the Clerk of the Board of Commissioners of Dougherty County; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 702. By Representatives Manning of the 32nd, Ehrhart of the 28th, Parsons of the 29th, Hines of the 35th, Noel of the 44th and others:
A BILL to amend an Act providing for the election of members of the Board of Education of Cobb County, so as to change the description of the education districts of such board; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 704. By Representatives Lucas of the 105th, Birdsong of the 104th, Randall of the 107th, Ray of the 108th, Graves of the 106th and others:
A BILL to amend an Act establishing the Board of Public Education for Bibb County, so as to change the description of the education districts; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HR 90. By Representative Jamieson of the 22nd:
A RESOLUTION commending the Military Veterans of Banks County and designating the Veterans Memorial Highway; and for other purposes.
Referred to the Transportation 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:

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HB 87 HB 134 HB 225 HB 279

Do Pass Do Pass Do Pass by substitute Do Pass

SB 131 Do Pass by substitute SB 150 Do Pass SB 273 Do Pass as amended
Respectfully submitted, Senator Mullis of the 53rd District, Chairman

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 recommendations:

SB 194 SB 210 SB 216

Do Pass as amended Do Pass by substitute Do Pass by substitute

SB 223 SB 248 SB 249

Do Pass Do Pass by substitute Do Pass by substitute

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

Mr. President:

The Higher 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:

HB 424 Do Pass

Respectfully submitted, Senator Hamrick of the 30th 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 recommendation:

SB 16

Do Pass by substitute 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 recommendations:

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HB 166 SB 187 SB 215

Do Pass as amended Do Pass by substitute Do Pass

SB 218 SB 229 SB 243

Do Pass Do Pass Do Pass by substitute

Respectfully submitted, Senator Bowen of the 13th 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 239 Do Pass

Respectfully submitted, Senator Lee of the 29th 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 123 SB 151 SB 254

Do Pass by substitute Do Pass Do Pass by substitute
Respectfully submitted, Senator Kemp of the 3rd District, Chairman

The following legislation was read the second time:

HB 157 HB 314 HB 347 HR 106 HR 213

SB 8 SB 93 SB 119 SB 133

SB 172 SB 225 SB 234 SB 235

SB 246 SB 247 SB 250 SB 256

SB 258 SR 23 SR 66 SR 67

SR 69 SR 229 SR 234 SR 240

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

Adelman Bowen Brown

Hill Hooks Hudgens

Smith,F Smith,P Squires

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Bulloch Butler Cagle Cheeks Clay Collins Crotts Dean Gillis Golden Hamrick Harbison Harp Henson

Jackson Johnson Kemp,B Kemp,R Lamutt Lee Me V Bremen Moody Mullis Price Reed Seabaugh Seay Shafer

Starr Stephens Stokes Tanksley Tate Thomas,D Thomas,N Thomas,R Thompson Tolleson Unterman Williams Zamarripa

Those not answering were Senators:

Balfour Fort

Blitch Hall

Brush Levetan

The members pledged allegiance to the flag.

Senator Collins of the 6th introduced the chaplain of the day, Dr. David Cooper of Atlanta, Georgia, who offered scripture reading and prayer.

Senator Williams of the 19th introduced Mr. Aubrey E. Fallin, commended by SR 207, adopted previously. Mr. Fallin addressed the Senate briefly.

The following resolutions were read and adopted:

SR 285. By Senators Unterman of the 45th, Shafer of the 48th and Cagle of the 49th:

A RESOLUTION honoring Bobby Gene Gilbert on the occasion of his retirement; and for other purposes.

SR 287. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending the Atlanta Association of Insurance Professionals; and for other purposes.

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SR 288. By Senators Tanksley of the 32nd, Collins of the 6th, Clay of the 37th, Thompson of the 33rd, Lamutt of the 21st and Tate of the 38th:
A RESOLUTION commending the Wheeler High School boys' varsity basketball team; and for other purposes.
SR 289. By Senators Starr of the 44th, Seay of the 34th and Harp of the 16th:
A RESOLUTION commending the Jonesboro High School Mock Trial Team; and for other purposes.
SR 290. By Senators Starr of the 44th, Thompson of the 33rd, Meyer von Bremen of the 12th, Brown of the 26th, Jackson of the 50th and others:
A RESOLUTION expressing support for the United States Armed Forces; and for other purposes.
SR 291. By Senators Johnson of the 1st and Thomas of the 2nd:
A RESOLUTION remembering Second Lieutenant Britt Cumming and declaring Second Lieutenant Britt Cumming Day in Georgia; and for other purposes.
SR 292. By Senators Clay of the 37th, Thompson of the 33rd, Tanksley of the 32nd, Collins of the 6th, Lamutt of the 21st and others:
A RESOLUTION celebrating the centennial of powered flight; and for other purposes.
SR 294. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Treatment Accountability for Safer Communities (TASC); and for other purposes.
SR 295. By Senators Tanksley of the 32nd and Clay of the 37th:
A RESOLUTION commending Alan L. Plummer, M.D.; and for other purposes.
Senator Mullis of the 53rd asked unanimous consent that the following bill be withdrawn from the Senate Regulated Industries and Utilities Committee and committed to the Senate Economic Development and Tourism Committee:

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SB 300. By Senators Squires of the 5th, Mullis of the 53rd and Zamarripa of the 36th:

A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding regulation of alcoholic beverages, so as to provide for uniform procedures regarding local authorization of package sales of alcoholic beverages on Sunday; to provide an effective date; to repeal conflicting laws; and for other purposes.

The consent was granted, and SB 300 was committed to the Economic Development and Tourism Committee.

SENATE RULES CALENDAR WEDNESDAY, MARCH 26, 2003 TWENTY-NINTH LEGISLATIVE DAY

SB 55

Adoptions and child-placing agencies; records access; birth records; practices and procedures (Substitute)(JUDY-2nd)

SB 192

Adoptions; access to vital records; original birth certificates (Substitute) (S JUDY-2nd)

SB 147

Family Violence Shelter Confidentiality Act; requirement of telephone companies not to disclose location (Substitute)(S JUDY-42nd)

SB 169

Firefighter Standards and Training Council; change provisions (PS&HS-53rd)

SB 101

Sexually violent predators; prohibited within proximity of minors or areas where minors congregate (Substitute)(JUDY-42nd)

SB 52

Children's Internet Protection Act; safety policies in schools, libraries; conditional funding for computers (S&T-48th)

SB 214

GBI Forensic Sciences Division; authority to disinter/reinter buried bodies; permits (Substitute)(JUDY-53rd)

SB 168

Ethics, State Commission; powers; campaign contribution disclosure; accounting procedure; reported violations (Substitute)(ETHICS-29th)

SB 108

Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; comprehensive revisions (Substitute)(ETHICS-51st)

1184 SB 47 SB 148 SB 113 SB 104 SB 105 SB 132 SB 116 SB 13 SB 173 SB 81 SB 174 SB 80 SB 82 SB 51 SB 183

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Pardons and Paroles Board; granting relief; written decision made public (Substitute)(JUDY-37th)
Juvenile proceedings; deprived children; order of disposition; time period (S JUDY-5th)
Public records, meetings; disclosure; requests; exceptions to disclosure requirements (Substitute)(ETHICS-46th)
Deposit account fraud; increase the maximum service charge (JUDY-32nd)
Bad checks; increase maximum service charge; mailing notices (JUDY-32nd)
Corporations; reservation of names and filing fees; change provisions (S JUDY-5th)
Juvenile proceedings; delinquent acts; discovery and inspection; disclosure of evidence and reciprocal discovery; witnesses (JUDY-30th)
DUI alcohol or drugs; new offense of refusal to submit chemical testing (Substitute)(JUDY-9th)
Commercial motor vehicles and school buses; prohibitions (TRANS-19th)
Ga. Emergency Medical Services Medical Directors Advisory Council; create (PS&HS-50th)
Torts; transfer of structured settlement payment rights; court filings; notice of cancellation rights (JUDY-12th)
Child support and custody issues; deprived child; juvenile court jurisdiction (Substitute)(JUDY-37th)
Ethics; disposition of excess campaign contributions (ETHICS-33rd)
Computer Pornography/Child Exploitation Prevention Act; unlawful acts (S&T-48th)
Livestock; control of contagious diseases, chemicals, poisons, toxins; notices and reports of suspicious illnesses; violations (Amendments)(AG&CA-16th)

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SB 45

Criminal procedure; demand for trial; time expiration; appeals (Amendment)(JUDY-37th)

SB 161

Ad valorem assessment; taxpayer appeals; refunds; interest amount (FIN-28th)

SB 201

Child abuse records; DHR sharing information to Office of School Readiness (Substitute)(C&Y-6th)

SB 255

University System Employees; doing business with state; exception (Substitute)(H ED-46th)

SB 178

School Counselors; national certification; state salary increase (Amendment)(ED-37th)

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 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.

The Senate Judiciary Committee offered the following substitute to SB 55:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 15-11-103 of the Official Code of Georgia Annotated, relating to placement of a child following an order terminating parental rights, custodial authority,

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and review of placement, so as to correct the name of the Office of Adoptions; 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 change the provisions relating to contents and furnishing of records and reports; to provide for adoption by a childs great-grandparent; to change provisions relating to the time for hearing a petition and forwarding copies of the petition and other documents; to provide for a copy of the investigating agents report to the petitioners attorney; to change the provisions relating to the powers and duties of the Department of Human Resources and child-placing agencies; to provide for disclosure of certain information and the practices, procedures, and requirements related thereto; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change provisions relating to birth certificates of adopted persons born in foreign countries; 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 applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-11-103 of the Official Code of Georgia Annotated, relating to placement of a child following an order terminating parental rights, custodial authority, and review of placement, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b) The court shall transmit a copy of every final order terminating the parental rights of a parent to the Division of Family and Children Services Adoption Unit Office of Adoptions of the Department of Human Resources within 15 days of the filing of such order."
SECTION 2. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by striking subsection (j) of Code Section 19-8-5, relating to the surrender or termination of parental or guardians rights when the child is to be adopted by a third party, and inserting in lieu thereof the following:
"(j) A copy of each surrender specified in subsection (a) of this Code section, together with a copy of the acknowledgment specified in subsection (f) of this Code section and a copy of the affidavits specified in subsections (g) and (h) of this Code section and the name and address of each person to whom the child is surrendered, shall be mailed, by registered or certified mail or statutory overnight delivery, return receipt requested, to the
State Adoption Unit Office of Adoptions Georgia Department of Human Resources
Atlanta, Georgia

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within 15 days from the execution thereof. Upon receipt of the copy the department may commence its investigation as required in Code Section 19-8-16."
SECTION 3. Said chapter is further amended in Code Section 19-8-7, relating to adoption of a child by relatives, by striking subsection (a) and inserting in lieu thereof the following:
"(a) Except as otherwise authorized in this Code section, a child who has any living parent or guardian may be adopted by a relative who is related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, great aunt, great uncle, or sibling only if each such living parent and each such guardian has voluntarily and in writing surrendered to that relative and any spouse of such relative all of his or her rights to the child for the purpose of enabling that relative and any such spouse to adopt the child."
SECTION 4. Said chapter is further amended by striking Code Section 19-8-14, relating to the time for hearing a petition and sending a copy of the petition to the Department of Human Resources, and inserting in lieu thereof the following:
"19-8-14. (a) It is the policy of this state that, in the best interest of the child, uncontested adoption petitions should be heard as soon as possible but not later than 90 days after the date of filing, unless the petitioner has failed to arrange for the court to receive the report required by the provisions of Code Section 19-8-16 or has otherwise failed to provide the court with all exhibits, surrenders, or certificates required by this chapter within that time period. It is the policy of this state that, in contested adoption petitions, the parties shall make every effort to have the petition considered by the court as soon as practical after the date of filing taking into account the circumstances of the petition and the best interest of the child. (b) Upon the filing of the petition for adoption, accompanied by the filing fee unless such fee is waived, it shall be the responsibility of the clerk to accept the petition as filed. (c) Upon the filing of the petition for adoption the court shall fix a date upon which the petition shall be considered, which date shall be not less than 60 45 days from the date of the filing of the petition or, when Code Section 19-8-10 is relied upon, not less than 30 days from the receipt of notice as provided in subsection (c) of Code Section 19-810. (d) Notwithstanding the provisions of subsections (a) and (c) of this Code section, it shall be the petitioners responsibility to request that the court hear the petition on a date that allows sufficient time for fulfillment of notice requirements of Code Section 19-8-10 and 19-8-12, where applicable. (e) In the best interest of the child the court may hear the petition less than 45 days from the date of filing upon a showing by the petitioner that either no further notice is required or that any statutory requirement of notice to any person will be fulfilled at an

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earlier date, and provided that any report required by Code Section 19-8-16 has been completed or will be completed at an earlier date. (f) The court in the childs best interest may grant such expedited hearings or continuances as may be necessary for completion of applicable notice requirements, investigations, and reports or for other good cause shown. (g) Copies of the petition, the order fixing the date upon which the petition shall be considered, and all exhibits, surrenders, or certificates required by this chapter shall be forwarded by the clerk to the department within 15 days after the filing of the petition for adoption, together with a request that a report and investigation be made as required by law. (h) Copies of the petition, the order fixing the date upon which the petition shall be considered, and all exhibits, surrenders, or certificates required by this chapter shall be forwarded by the clerk to the child-placing agency or other agent appointed by the court pursuant to the provisions of Code Section 19-8-16 within 15 days after the filing of the petition for adoption, together with a request that a report and investigation be made as required by law. (i) Copies of all motions, amendments, and other pleadings filed and of all orders entered in connection with the petition for adoption shall be forwarded by the clerk to the department within 15 days after such filing or entry."
SECTION 5. Said chapter is further amended in Code Section 19-8-16, relating to investigation by the child-placing agency or other agent, by striking subsection (a) and inserting in lieu thereof the following:
"(a) Prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of a child-placing agency appointed by the court or any other independent agent appointed by the court to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the entire matter, including a criminal records check of each petitioner, and to report its findings and recommendations in writing to the court where the petition for adoption was filed. The department, childplacing agency, or other independent agent appointed by the court shall also provide the attorney for petitioner with a copy of the report to the court. If for any reason the childplacing agency or other agent finds itself unable to make or arrange for the proper investigation and report, it shall be the duty of the agency or agent to notify the court immediately, or at least within 20 days after receipt of the request for investigation service, that it is unable to make the report and investigation, so that the court may take such other steps as in its discretion are necessary to have the entire matter investigated."
SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 19-8-23, relating to records of adoption, examination of such records by parties and attorneys, and use of such information, and inserting in its place the following:

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"(a) The original petition, all amendments and exhibits thereto, all motions, documents, affidavits, records, and testimony filed in connection therewith, and all decrees or orders of any kind whatsoever, except the original investigation report and background information referred to in Code Section 19-8-20, shall be recorded in a book kept for that purpose and properly indexed; and the book shall be part of the records of the court in each county which has jurisdiction over matters of adoption in that county. All of the records, including the docket book, of the court granting the adoption, of the department, and of the child-placing agency that relate in any manner to the adoption shall be kept sealed and locked. This subsection shall not supersede or affect the availability of birth certificates pursuant to the procedure contained in Code Section 3110-14. The records may be examined by the parties at interest in the adoption and their attorneys when, after written petition has been presented to the court having jurisdiction and after the department and the appropriate child-placing agency have received at least 30 days prior written notice of the filing of such petition, the matter has come on before the court in chambers and, good cause having been shown to the court, the court has entered an order permitting such examination. Notwithstanding the foregoing, if the adoptee who is the subject of the records sought to be examined is less than 18 years of age at the time the petition is filed and the petitioner is someone other than one of the adoptive parents of the adoptee, then the department shall provide written notice of such proceedings to the adoptive parents by certified mail or statutory overnight delivery, return receipt requested, at the last address the department has for such adoptive parents and the court shall continue any hearing on the petition until not less than 60 days after the date the notice was sent. Each such adoptive parent shall have the right to appear in person or through counsel and show cause why such records should not be examined. Adoptive parents may provide the department with their current address for purposes of receiving notice under this subsection by mailing that address to:
Adoption Unit Office of Adoptions Department of Human Resources
Atlanta, Georgia"
SECTION 7. Said chapter is further amended by striking subsection (d) of Code Section 19-8-23, relating to records of adoption, examination of such records by parties and attorneys, and use of such information, and inserting in its place the following:
"(d)(1) Upon the request of a party at interest in the adoption or of a provider of medical services to such a party when certain information is necessary because of a medical emergency or for medical diagnosis or treatment, the department or childplacing agency may, in its sole discretion, petition the Superior Court of Fulton County to obtain access to its own records on finalized adoptions for the purpose of adding subsequently obtained medical information or to release releasing nonidentifying medical information contained in its records on such adopted persons.

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(2) Upon receipt by the Office of Adoptions of the department or by a child-placing agency of documented medical information relevant to an adoptee, the office or childplacing agency shall use reasonable efforts to contact the adoptive parents of the adoptee or the adoptee if he or she is 18 years of age or older and provide such documented medical information to the adoptive parents or the adoptee. The office or child-placing agency shall be entitled to reimbursement of reasonable costs for postage and photocopying incurred in the delivery of such documented medical information to the adoptive parents or adoptee."
SECTION 8. Said chapter is further amended by striking subsection (f) of Code Section 19-8-23, relating to records of adoption, examination of such records by parties and attorneys, and use of such information, and inserting in its place the following:
"(f)(1) Notwithstanding Code Section 19-8-1, for purposes of this subsection, the term:
(A) 'Commissioner' means the commissioner of the Department of Human Resources human resources or that persons designee. (B) 'Department' means the Department of Human Resources or, when the Department of Human Resources so designates, the county department of family and children services which placed for adoption the person seeking, or on whose behalf is sought, information under this subsection. (C) 'Placement agency' means the child-placing agency, as defined in paragraph (3) of Code Section 19-8-1, which placed for adoption the person seeking or on whose behalf is sought information under this subsection. (D) 'Biological parent' means the biological mother or biological father who surrendered that persons rights or had such rights terminated by court order giving rise to the adoption of the child. (2) The department or a placement agency, upon the written request of an adopted person who has reached 21 18 years of age or upon the written request of an adoptive parent on behalf of that parents adopted child under 21 years of age, shall release to such adopted person or to the adoptive parent on the childs behalf nonidentifying information regarding such adopted persons biological parents and information regarding such adopted persons birth. Such information may include the date and place of birth of the adopted person and the genetic, social, and health history of the biological parents. No information released pursuant to this subsection paragraph shall include the name or address of either biological parent or the name or address of any relative by birth or marriage of the either biological parent. (3)(A) The department or a placement agency upon written request of an adopted person who has reached 21 years of age shall release to such adopted person the name of such persons biological parent if:
(A)(i) The biological parent whose name is to be released has submitted unrevoked written permission to the department or the placement agency for the release of that parents name to the adopted person;

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(B)(ii) The identity of the biological parent submitting permission for the release of that parents name has been verified by the department or the placement agency; and (C)(iii) The department or the placement agency has records pertaining to the finalized adoption and to the identity of the biological parent whose name is to be released. (B) If the adopted person is deceased and leaves a child, such child, upon reaching 21 years of age, may seek the name and other identifying information concerning his or her grandparents in the same manner as the deceased adopted person and subject to the same procedures contained in this Code section. (4)(A) If a biological parent has not filed written unrevoked permission for the release of that parents name to the adopted child, the department or the placement agency, within six months of receipt of the written request of the adopted person who has reached 21 years of age, shall make diligent effort to notify each biological parent identified in the original adoption proceedings or in other records of the department or the placement agency relative to the adopted person. For purposes of this subparagraph, 'notify' means a personal and confidential contact with each biological parent named on the original birth certificate of the adopted person. The contact shall not be by mail and shall be by an employee or agent of the placement agency which processed the pertinent adoption or by other agents or employees of the department. The contact shall be evidenced by the person who notified each parent certifying to the department that each parent was given the following information: (i) The nature of the information requested by the adopted person; (ii) The date of the request of the adopted person; (iii) The right of each biological parent to file within 60 days of receipt of the notice an affidavit with the placement agency or the department stating that such parents identity should not be disclosed; (iv) The right of each biological parent to file a consent to disclosure with the placement agency or the department at any time; and (v) The effect of a failure of each biological parent to file either a consent to disclosure or an affidavit stating that the information in the original birth certificate or sealed adoption file should not be disclosed. (B) If a biological parent files an unrevoked consent to the disclosure of that parents identity, such parents name shall be released to the adopted child person who has requested such information as authorized by this paragraph. (C) If, subsequent to being notified by the department or placement agency, a biological parent has not filed an unrevoked consent to the disclosure of that parents identity at any time within six months after the written request for such information is received by the department or placement agency or such parent has filed with the department or placement agency within 60 days after notice to such person of the request for such information an affidavit objecting to such release, whichever occurs later, that information regarding that biological parent will not be

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released. If, within 60 days of being notified by the department or the placement agency pursuant to subparagraph (A) of this paragraph, a biological parent has filed with the department or placement agency an affidavit objecting to such release, information regarding that biological parent shall not be released.
(D)(i) If six months after receipt of the adopted persons written request the director of a placement agency or the commissioner certifies that the placement agency or the department has either been unable to notify a biological parent identified in the original adoption record within six months after receipt of the adopted persons written request and if neither identified biological parent has at any time filed an unrevoked consent to disclosure with the placement agency or the department or has been able to notify a biological parent identified in the original adoption record but has not obtained a consent to disclosure from the notified biological parent, then the identity of a biological parent may only be disclosed as provided in division (ii) or (iii) of this subparagraph. (ii) The adopted person who has reached 21 years of age may petition the Superior Court of Fulton County to seek the release of the identity of each of that persons biological parent parents from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate each biological parent pursuant to this subparagraph either without success or upon locating a biological parent has not obtained a consent to disclosure from the notified biological parent and that failure to release the identity of each biological parent would have an adverse impact upon the physical, mental, or emotional health of the adopted person. (iii) If it is verified that the a biological parent of the adopted person is deceased and if there is no sibling of the adopted person who may be contacted, the department or placement agency shall be authorized to disclose the name and place of burial of the deceased biological parent, if known, to the adopted person seeking such information without the necessity of obtaining a court order. (5)(A) Upon written request of an adopted person who has reached 21 years of age or a person who has reached 21 years of age and who is the sibling of an adopted person, the department or a placement agency shall attempt to identify and notify the siblings of the requesting party, if such siblings are at least 18 years of age. Upon locating the requesting partys sibling, the department or the placement agency shall notify the sibling of the inquiry. Upon the written consent of the a sibling so notified, the department or the placement agency shall forward the requesting partys name and address to the sibling and, upon further written consent of the sibling, shall divulge to the requesting party the present name and address of the sibling. If the a sibling is deceased or cannot be identified or located, the department or placement agency shall notify the requesting party of such circumstances but shall not disclose any names or other information which would tend to identify the sibling. If a sibling is deceased, the department or placement agency shall be authorized to disclose the name and place of burial of the deceased

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sibling, if known, to the requesting party without the necessity of obtaining a court order.
(B)(i) If six months after receipt of the written request from an adopted person who has reached 21 years of age or a person who has reached 21 years of age and who is the sibling of an adopted person, the placement agency or the department has either been unable to notify one or more of the siblings of the requesting party or has been able to notify a sibling of the requesting party but has not obtained a consent to disclosure from the notified sibling, then the identity of the siblings may only be disclosed as provided in division (ii) of this subparagraph. (ii) The adopted person who has reached 21 years of age or a person who has reached 21 years of age and who is the sibling of an adopted person may petition the Superior Court of Fulton County to seek the release of the last known name and address of each of the siblings of the petitioning sibling, that are at least 18 years of age, from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate such siblings pursuant to subparagraph (A) of this paragraph either without success or upon locating one or more of the siblings has not obtained a consent to disclosure from all the notified siblings and that failure to release the identity and last known address of said siblings would have an adverse impact upon the physical, mental, or emotional health of the petitioning sibling. (C) If the adopted person is deceased and leaves a child, such child, upon reaching 21 years of age, may obtain the name and other identifying information concerning the siblings of his or her deceased parent in the same manner that the deceased adopted person would be entitled to obtain such information pursuant to the procedures contained in this Code section. (6)(A) Upon written request of a biological parent of an adopted person who has reached 21 years of age, the department or a placement agency shall attempt to identify and notify the adopted person. Upon locating the adopted person, the department or the placement agency shall notify the adopted person of the inquiry. Upon the written consent of the adopted person so notified, the department or the placement agency shall forward the biological parents name and address to the adopted person and, upon further written consent of the adopted person, shall divulge to the requesting biological parent the present name and address of the adopted person. If the adopted person is deceased, the department or placement agency shall be authorized to disclose the name and place of burial of the deceased adopted person, if known, to the requesting biological parent without the necessity of obtaining a court order. (B)(i) If six months after receipt of the written request from a biological parent of an adopted person who has reached 21 years of age the placement agency or the department has either been unable to notify the adopted person or has been able to notify the adopted person but has not obtained a consent to disclosure from the

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notified adopted person, then the identity of the adopted person may only be disclosed as provided in division (ii) of this subparagraph. (ii) The biological parent of an adopted person who has reached 21 years of age may petition the Superior Court of Fulton County to seek the release of the last known name and address of the adopted person from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate such adopted person pursuant to subparagraph (A) of this paragraph either without success or upon locating the adopted person has not obtained a consent to disclosure from the adopted person and that failure to release the identity and last known address of said adopted person would have an adverse impact upon the physical, mental, or emotional health of the petitioning biological parent. (C) If the biological parent is deceased, a parent or sibling of the deceased biological parent, or both, may obtain the name and other identifying information concerning the adopted person in the same manner that the deceased biological parent would be entitled to obtain such information pursuant to the procedures contained in this Code section. (7) If an adoptive parent or the sibling of an adopted person notifies the department or placement agency of the death of an adopted person, the department or placement agency shall add information regarding the date and circumstances of the death to its records so as to enable it to share such information with a biological parent or sibling of the adopted person if they make an inquiry pursuant to the provisions of this Code section. (8) If a biological parent or parent or sibling of a biological parent notifies the department or placement agency of the death of a biological parent or a sibling of an adopted person, the department or placement agency shall add information regarding the date and circumstances of the death to its records so as to enable it to share such information with an adopted person or sibling of the adopted person if he or she makes an inquiry pursuant to the provisions of the Code section. (6)(9) The Division of Family and Children Services Adoption Unit Office of Adoptions within the department shall maintain a registry for the recording of requests by adopted persons for the name of any biological parent, for the recording of the written consent or the written objections of any biological parent to the release of that parents identity to an adopted person upon the adopted persons request, and for nonidentifying information regarding any biological parent which may be released pursuant to paragraph (2) of this subsection. The department and any placement agency which receives such requests, consents, or objections shall file a copy thereof with that unit office. (7)(10) The department or placement agency may charge a reasonable fee to be determined by the department for the cost of conducting any search pursuant to this subsection. (8)(11) Nothing in this subsection shall be construed to require the department or placement agency to disclose to any party at interest, including but not limited to an

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adopted person who has reached 21 years of age, any information which is not kept by the department or the placement agency in its normal course of operations relating to adoption. (9)(12) Any department employee or employee of any placement agency who releases information or makes authorized contacts in good faith and in compliance with this subsection shall be immune from civil or criminal liability for such release of information or authorized contacts. (10)(13) Information authorized to be released pursuant to this subsection may be released under the conditions specified in this subsection notwithstanding any other provisions of law to the contrary. (11)(14) A placement agency which demonstrates to the department by clear and convincing evidence that the requirement that such agency search for or notify any biological parent, or sibling, or adopted person under subparagraph (A) of paragraph (4) of this subsection or subparagraph (A) of paragraph (5) of this subsection or subparagraph (A) of paragraph (6) of this subsection will impose an undue hardship upon that agency shall be relieved from that responsibility, and the department shall assume that responsibility upon such finding by the department of undue hardship. The departments determination under this subsection shall be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (12)(15) Whenever this subsection authorizes both the department and a placement agency to perform any function or requires the placement agency to perform any function which the department is also required to perform, the department or agency may designate an agent to perform that function and in so performing it the agent shall have the same authority, powers, duties, and immunities as an employee of the department or placement agency has with respect to performing that function."
SECTION 9. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking Code Section 31-10-13, relating to certificates of adoption, and inserting in its place the following:
"31-10-13. (a) For each adoption decreed by a court of competent jurisdiction in this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the state registrar. The report shall include such facts as are necessary to locate and identify the original certificate of birth of the person adopted; shall provide information necessary to establish a new certificate of birth of the person adopted; and shall identify the order of adoption and be certified by the clerk of court. (b) Information necessary to prepare the report of adoption shall be furnished by each the petitioner for adoption or the petitioners attorney. The appropriate agency or any person having knowledge of the facts shall supply the court with such additional information as may be necessary to complete the report. The provision of such information shall be prerequisite to the issuance of a final decree in the matter by the court.

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(c) Whenever an adoption decree is amended or annulled, the clerk of the court shall prepare a report thereof, which shall include such facts as are necessary to identify the original adoption report and the facts amended in the adoption decree as shall be necessary to amend the birth record properly. (d) Not later than the fifteenth day of each calendar month or more frequently, as directed by the state registrar, the clerk of the court shall forward to the state registrar reports of decrees of adoption, annulment of adoption, and amendments of decrees of adoption which were entered in the preceding month, together with such related reports as the state registrar shall require. (e) When the state registrar shall receive a certificate of adoption, report of annulment of adoption, or amendment of a decree of adoption of a person born outside this state, the state registrar shall forward such certificate or report to the state registrar in the indicated state of birth. (f) The following shall apply to certificates of birth of adopted persons born in a foreign country:
(1) If a person was born in a foreign country, is not a citizen of the United States, and does not meet the requirements of the federal Child Citizenship Act of 2000, P.L. 106-395, 114 Stat. 1631, but was adopted through a court in this state, the The state registrar shall prepare and register establish a certificate in this state of birth for a person born in a foreign country when the state registrar receives a certificate of adoption and the child was not a United States citizen at birth. The certificate of adoption shall specify the actual place of birth which shall be shown as the place of birth on the birth certificate. The new birth certificate shall be prepared on a 'Certificate of Foreign Birth' as prescribed by the state registrar shall be established upon receipt of a report of adoption from the court decreeing the adoption and proof of the date and place of birth of the child. The certificate shall be labeled 'Certificate of Foreign Birth' and shall show the actual country of birth. A statement shall also be included on the certificate indicating that it is not evidence of United States citizenship for the person for whom it is issued. After registration of the birth certificate in the new name of the adopted person, the state registrar shall seal and file the report of adoption which shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by statute; and (2) If a person was born in a foreign country and was not a citizen of the United States at the time of birth but meets the requirements of the federal Child Citizenship Act of 2000, P.L. 106-395, 114 Stat. 1631, and was adopted through a court in this state, the state registrar shall prepare and register a certificate in this state. The certificate shall be established upon receipt of a report of adoption from the court decreeing the adoption and proof of the date and place of birth of the child. The certificate shall be labeled 'Certificate of Foreign Birth' and shall show the actual country of birth. After registration of the birth certificate in the new name of the adopted person, the state registrar shall seal and file the report of adoption which shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by statute; and

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(2)(3) If a person was born in a foreign country and was a citizen of the United States at the time of birth, the state registrar shall not prepare a 'Certificate of Foreign Birth' and shall notify the adoptive parents of the procedure for obtaining a revised birth certificate for their child through the United States Department of State."
SECTION 10. Said chapter is further amended by striking Code Section 31-10-14, relating to issuance of a new certificate of birth following adoption and legitimation or paternity determination, and inserting in its place the following:
"31-10-14. (a) The state registrar shall establish a new certificate of birth for a person born in this state when the state registrar receives the following:
(1) A report of adoption as provided in Code Section 31-10-13 or a report of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. A new certificate of birth shall not be established if the court decreeing the adoption directs that a new birth certificate not be issued; or (2) A request that a new certificate be established as prescribed by regulation and such evidence as required by regulation proving that such person has been legitimated, or that a court of competent jurisdiction has determined the paternity of such a person, or that both parents married to each other have acknowledged the paternity of such person and request that the surname be changed to that of the father. (b) When a new certificate of birth is established pursuant to this Code section for a person born in this state, the exact date of birth contained on the original certificate shall be shown. The true place of birth shall be shown if the adoptee is the natural child of the spouse of the adoptive parent in the case of step-parent adoptions. The true place of birth shall be shown for all legitimations. For full adoptions, where neither parent is the natural parent of the adoptee, the place of birth shall be, at the election of the adoptive parents, either the true place of birth of the adoptee or the residence of the adoptive parents at the time of the adoptees birth. The place of birth indicated must be located in Georgia. The new certificate shall be substituted for the original certificate of birth and the evidence of adoption, legitimation, paternity determination, or paternity acknowledgment shall be sealed and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation. (c) Upon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended as provided by regulation. (d) Upon receipt of a report or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation. (e) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this Code section and the date and place of birth have not been

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determined in the adoption, legitimation, or paternity proceedings, a delayed certificate of birth shall be filed with the state registrar as provided in Code Section 31-10-11 or 31-10-12 before a new certificate of birth is established. The new birth certificate shall be prepared on the delayed birth certificate form. (f) When a new certificate of birth is established by the state registrar, the original birth certificate shall not be subject to inspection except as provided in subsection (g) of this Code section. all All copies of the original certificate of birth in the custody of any other custodian of vital records in this state shall be sealed from inspection, destroyed, or forwarded to the state registrar, as the state registrar shall direct. (g) The new certificate shall be substituted for the original certificate of birth in the files and the original certificate of birth and the evidence of adoption, legitimation, or paternity determination shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by statute."
SECTION 11. This Act shall become effective July 1, 2003.
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, 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
Blitch Y Bowen Y Brown Y Brush
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 Y Squires Y Starr Y Stephens Y Stokes
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson

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Y 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 passage of the bill, the yeas were 53, nays 0.

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

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Kemp of the 3rd be excused. The consent was granted, and Senator Kemp was excused.

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.

The Senate Special Judiciary Committee offered the following substitute to SB 192:

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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by striking subsection (a) of Code Section 19-8-23, relating to records of adoption, examination of such records by parties and attorneys, and use of such information, and inserting in its place the following:
"(a) The original petition, all amendments and exhibits thereto, all motions, documents, affidavits, records, and testimony filed in connection therewith, and all decrees or orders of any kind whatsoever, except the original investigation report and background information referred to in Code Section 19-8-20, shall be recorded in a book kept for that purpose and properly indexed; and the book shall be part of the records of the court in each county which has jurisdiction over matters of adoption in that county. All Except as otherwise provided for birth certificates by Code Section 31-10-14, all of the records, including the docket book, of the court granting the adoption, of the department, and of the child-placing agency that relate in any manner to the adoption shall be kept sealed and locked. This subsection shall not supersede or affect the availability of birth certificates pursuant to the procedure contained in Code Section 3110-14. The records may be examined by the parties at interest in the adoption and their attorneys when, after written petition has been presented to the court having jurisdiction and after the department and the appropriate child-placing agency have received at least 30 days prior written notice of the filing of such petition, the matter has come on before the court in chambers and, good cause having been shown to the court, the court has entered an order permitting such examination. Notwithstanding the foregoing, if the adoptee who is the subject of the records sought to be examined is less than 18 years of age at the time the petition is filed and the petitioner is someone other than one of the adoptive parents of the adoptee, then the department shall provide written notice of such proceedings to the adoptive parents by certified mail or statutory overnight delivery, return receipt requested, at the last address the department has for such adoptive parents and the court shall continue any hearing on the petition until not less than 60 days after the date the notice was sent. Each such adoptive parent shall have the right to appear in person or through counsel and show cause why such records should not be examined. Adoptive parents may provide the department with their current address for purposes of receiving notice under this subsection by mailing that address to:
Adoption Unit Office of Adoptions Department of Human Resources
Atlanta, Georgia"
SECTION 2. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking Code Section 31-10-14, relating to issuance of a new certificate of birth following adoption and legitimation or paternity determination, and inserting in its place the following:
"31-10-14.

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(a) The state registrar shall establish a new certificate of birth for a person born in this state when the state registrar receives the following:
(1) A report of adoption as provided in Code Section 31-10-13 or a report of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. A new certificate of birth shall not be established if the court decreeing the adoption directs that a new birth certificate not be issued; or (2) A request that a new certificate be established as prescribed by regulation and such evidence as required by regulation proving that such person has been legitimated, or that a court of competent jurisdiction has determined the paternity of such a person, or that both parents married to each other have acknowledged the paternity of such person and request that the surname be changed to that of the father. (b) When a new certificate of birth is established pursuant to this Code section for a person born in this state, the exact date of birth contained on the original certificate shall be shown. The true place of birth shall be shown if the adoptee is the natural child of the spouse of the adoptive parent in the case of step-parent adoptions. The true place of birth shall be shown for all legitimations. For full adoptions, where neither parent is the natural parent of the adoptee, the place of birth shall be, at the election of the adoptive parents, either the true place of birth of the adoptee or the residence of the adoptive parents at the time of the adoptees birth. The place of birth indicated must be located in Georgia. The new certificate shall be substituted for the original certificate of birth and the evidence of adoption, legitimation, paternity determination, or paternity acknowledgment shall be sealed and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation. (c) Upon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended as provided by regulation. (d) Upon receipt of a report or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation. (e) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this Code section and the date and place of birth have not been determined in the adoption, legitimation, or paternity proceedings, a delayed certificate of birth shall be filed with the state registrar as provided in Code Section 31-10-11 or 31-10-12 before a new certificate of birth is established. The new birth certificate shall be prepared on the delayed birth certificate form. (f) When a new certificate of birth is established by the state registrar, the original birth certificate shall not be subject to inspection except as provided in subsection (g) of this Code section. all All copies of the original certificate of birth in the custody of any other custodian of vital records in this state shall be sealed from inspection, destroyed, or forwarded to the state registrar, as the state registrar shall direct.

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(g) The new certificate shall be substituted for the original certificate of birth in the files and the original certificate of birth and the evidence of adoption, legitimation, or paternity determination shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by statute. (h) Notwithstanding the foregoing provisions of this Code section or any other provision of law, any person who is 21 years of age or older, who was born in this state, and who has had an original birth certificate removed from the files due to an adoption may receive a copy of that original birth certificate by complying with the provisions of this subsection. The state registrar shall require a person seeking an original birth certificate to pay the fee for a birth certificate and observe the appropriate waiting period. The copy of the original birth certificate shall be in a form that clearly indicates it is not a certified copy and that it may not be used for legal purposes. This subsection shall apply to all applications for original birth certificates for adopted persons presented to the state registrar on or after July 1, 2003."

SECTION 3. This Act shall become effective July 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 40, 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
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 E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen

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

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

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

Senator Tolleson of the 18th asked unanimous consent that Senators Hill of the 4th and Williams of the 19th be excused. The consent was granted, and Senators Hill and Williams were excused.

The calendar was resumed.

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.

The Senate Special Judiciary Committee offered the following substitute to SB 147:
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

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title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known as and may be cited as the "Family Violence Shelter Confidentiality Act of 2003."
SECTION 2. Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, is amended by striking Code Section 19-13-23 and inserting in lieu thereof new Code Sections 19-13-23 and 19-13-24 to read as follows:
"19-13-23. (a) Any person who knowingly publishes, disseminates, or otherwise publicly discloses the location of a family violence shelter is guilty of a misdemeanor. (b) This Code section shall not apply to:
(1) Confidential communications between a client and his or her attorney; or (2) Instances when such publication, dissemination, or disclosure is specifically authorized by the director of the shelter. 19-13-24. (a) Any person, corporation, or other entity that publishes, disseminates, or otherwise publicly discloses the location of a family violence shelter, whether intentionally or negligently, shall be liable either for all costs of relocating such shelter or for a civil penalty payable to such shelter in the amount of not less than $25,000.00 for each instance, not to exceed the full costs of relocating such shelter. When the location of a shelter has become generally known as a result of the publication, dissemination, or disclosure of its location by a person, corporation, or other entity, the court shall require that the person, corporation, or other entity violating this Code section shall pay the costs of relocating such shelter to a comparable facility. When the location of a shelter has been published, disseminated, or publicly disclosed by a person, corporation, or other entity, but the location has not become generally known as a result of such publication, dissemination, or disclosure, the court may require the person, corporation, or other entity making such publication, dissemination, or disclosure to pay relocation costs in lieu of a civil penalty. (b) For the purposes of this Code section, an instance of publication, dissemination, or disclosure shall be limited to each time, place, and manner the location is published, disseminated, or disclosed. Each edition of a telephone directory in printed format which contains the location of a shelter shall constitute only one instance regardless of the number of copies of the directory that are published or disseminated. (c) This Code section shall not apply to: (1) Confidential communications between a client and his or her attorney; or (2) Instances when such publication, dissemination, or public disclosure is specifically authorized by the director of the shelter."

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1205

SECTION 3. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by adding a new Code Section 46-5-7 to read as follows:
"46-5-7. (a) Prior to January 1, 2004, each person, corporation, or other entity that provides telephone service in this state and each person, corporation, or other entity that publishes, disseminates, or otherwise provides telephone directory information or listings of telephone subscribers in this state shall file a plan with the commission setting forth in detail how such person, corporation, or other entity will protect the confidentiality of the address or location of family violence shelters in this state. Such plan shall provide the manner in which the person, corporation, or other entity will identify all such shelters and the manner in which the person, corporation, or other entity will keep the location and address of such shelters confidential. (b) Such persons, corporations, and other entities shall update such plans at least every 24 months. (c) Such original and updated plans shall be approved by the commission upon a determination that the plans are reasonably effective in identifying all family violence shelters in the state and in maintaining the confidentiality of the location and address of such shelters. If the commission determines that a plan is inadequate, it shall state the basis on which the plan was determined to be inadequate and shall allow the person, corporation, or other entity filing such plan a period of not more than 30 days to file a revised plan that is acceptable to the commission. (d) Such plans shall not be open to examination by the public and shall be exempt from disclosure under the provisions of Article 4 of Chapter 18 of Title 50. (e) Failure to file an acceptable plan or updated plan in accordance with this Code section shall be subject to the sanctions provided in Article 5 of Chapter 2 of this title. (f) Each person, corporation, or other entity subject to this Code section shall file a copy of all original plans, updated plans, and revised plans with the State Commission on Family Violence, which is authorized to provide comments concerning such plans to the commission in order to aid in review and approval of such plans. (g) The filing and approval of such plans shall not in any manner be a defense to any action or prosecution for the violation of Code Section 19-13-23 or 19-13-24."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the committee substitute was adopted.

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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
Blitch Y Bowen Y Brown Y Brush
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 Harp
Y Henson E Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed
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
Thomas,R Y Thompson Y Tolleson Y Unterman E Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

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

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

Please record my vote - Yes on SB 147. As I missed the vote due to other business in the Capitol.

/s/ Seth Harp

Senator Tanksley of the 32nd asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused.

The Calendar was resumed.

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1207

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.

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 Harbison

Y Balfour

Y Harp

Blitch

Y Henson

Y Bowen

Y Hill

Y Brown

Y Hooks

Y Brush

Y Hudgens

Y Bulloch

Y Jackson

Y Butler

Y Johnson

Y Cagle

Y Kemp,B

Y Cheeks

Y Kemp,R

Y Clay

Y Lamutt

Y Collins

Y Lee

Y Crotts

Y Levetan

Y Dean

Y Me V Bremen

Y Fort

Y Moody

Y Gillis

Y Mullis

Y Golden

Y Price

Y Hall

Y Reed

Y Hamrick

Seabaugh

On the passage of the bill, the yeas were 53, nays 0.

E 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

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

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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.
The Senate Judiciary Committee offered the following substitute to SB 101:
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 restrict certain civil and criminal liability; to provide for related matters; to provide for penalties; 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 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions, is amended by adding a new Code Section 42-1-13 to read as follows:
"42-1-13. (a) As used in this Code section, the term:
(1) 'Area where minors congregate' shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, and similar facilities providing programs or services directed towards persons under 18 years of age. (2) 'Child care facility' shall mean all public and private pre-kindergarten facilities, day-care centers, and preschool facilities. (3) 'School' shall mean all public and private kindergarten, elementary, and secondary schools. (b) No individual required to register under Code Section 42-1-12 shall reside within 1,000 feet of any child care facility, school, or area where minors congregate. Such

WEDNESDAY, MARCH 26, 2003

1209

distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, school, or area where minors congregate at their closest points. (c) Any person who knowingly fails to comply with the requirements of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years. (d) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12."
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 Fort of the 39th and Thompson of the 33rd offered the following amendment:
Amend the Senate Judiciary Committee substitute to SB 101 by striking "so as" and inserting after the comma on line 2 of page 1 the following: "and 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 add certain provisions for the protection of minors;".
By inserting between lines 7 and 8 of page 2 the following:
"SECTION 1.1. 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, is amended by striking subsection (b) and inserting in lieu thereof the following: '(b) A person convicted of keeping a place of prostitution, pimping, or pandering when such offense involves keeping a place of prostitution for, the pimping for, or the solicitation of a person under the age of 18 years to perform an act of prostitution or the assembly of two or more persons under the age of 18 years at a fixed place for the purpose of being solicited by others to perform an act of prostitution shall be guilty of a felony and shall be punished by imprisonment for a period of not less than five nor more than 20 years and such convicted person shall be fined not less than $2,500.00 nor more than $10,000.00. Adjudication of guilt or imposition of a sentence for a conviction of a second or subsequent offense of pimping or pandering involving when such offense involves keeping a place of prostitution for, the pimping for, or pandering of a person

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under the age of 18 years pursuant to this subsection, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld.'".

On the adoption of the amendment, the yeas were 39, nays 0, and the Fort, Thompson amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 42, nays 1, 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:

Adelman Y Balfour
Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts
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
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 51, nays 0.

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

The following communication was received by the Secretary:

3/26/03

RE: 101 (Committee Sub)

WEDNESDAY, MARCH 26, 2003

1211

Please record a "Yes" vote on this bill. My voting equipment malfunctioned.

/s/ Senator Adelman, 42nd District

Senator Thomas of the 54th introduced the doctor of the day, Dr. Vanessa Hall.

The Calendar was resumed.

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 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
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
Levetan Y Me V Bremen Y Moody
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
Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

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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:

The State Senate Atlanta, Georgia 30334

MEMORANDUM

March 26, 2003

To:

Mr. Frank Eldridge

Secretary of the Senate

From:

Senator Tom Price District 56

RE:

Senate Bill 52

________________________________________________________________________

I intended to vote "yes" on Senate Bill 52 and my vote was not recorded.

The Calendar was resumed.

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.

The Senate Judiciary Committee offered the following substitute to SB 214:

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

WEDNESDAY, MARCH 26, 2003

1213

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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-16-45 of the Official Code of Georgia Annotated, relating to authority of coroners and medical examiners to disinter bodies, is amended by striking the Code section and inserting in lieu thereof a new Code Section 45-16-45 to read as follows:
"45-16-45. (a) In order to implement this article, coroners and the chief medical examiner are authorized to disinter any body already buried and, like a sheriff, to command the power of the county for that purpose. (b) Medical examiners, other than local County medical examiners, and district attorneys may likewise exercise such authority in any case wherein such authority is granted by an order of the judge of the superior court of the county. Such orders may be granted by judges of the superior courts, in their discretion, upon petition of any a county medical examiner other than a local medical examiner. (c) Upon the issuance of an order under subsection (a) or (b) of this Code section, the county board of health shall issue all necessary permits to disinter and reinter the body."
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.

Senator Mullis of the 53rd offered the following amendment #1:
Amend the committee substitute to SB 214 by inserting on page 1, line 15, after "purpose." the following
"Prior to the disinterment of a body, the chief medical examiner shall notify the coroner of the county, if any, in which the body is located."

On the adoption of the amendment, the yeas were 40, nays 0, and the Mullis amendment #1 to the committee substitute was adopted.

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Senator Tate of the 38th offered the following amendment #2:
Amend the Senate Judiciary Committee substitute to SB 214 by striking the quotation marks at the end of line 22 of page 1 and by inserting between lines 22 and 23 of page 1 the following:
"(d) Whenever any coroner, chief medical examiner, county medical examiner, or district attorney disinters any body, they shall provide written notice to the living parents and children of the person whose remains are to be disinterred of the time the disinterment is scheduled to occur unless such person is under criminal investigation in connection with the disinterment.'"

Senator Tate of the 38th asked unanimous consent that her amendment #2 to the committee substitute be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Tate of the 38th offered the following amendment #3:
Amend the committee substitute to SB 214 by striking the quotation marks at the end of line 22 of page 1 and by inserting between lines 22 and 23 of page 1 the following:
(d) Whenever any coroner, chief medical examiner, county medical examiner, or district attorney disinter any body, they shall provide written notice to the living parents and children of the person who remains are to be disinterred of the time of the disinterment is scheduled to occur unless such person is unknown or under criminal investigate in connection with disinterment.

On the adoption of the amendment, the yeas were 47, nays 0, and the Tate amendment #3 to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 40, 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:

Adelman Y Balfour
Blitch Y Bowen Y Brown

Y Harbison Y Harp Y Henson Y Hill Y Hooks

Y Seay Shafer
Y Smith,F Y Smith,P Y Squires

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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 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
Stokes Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R
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 by substitute.

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.

The Senate Ethics Committee offered the following substitute to SB 168:

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

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disclosure reports; to change certain provisions regarding electronic filing of reports; to change certain provisions regarding maximum allowable contributions by certain entities; to change certain provisions regarding filing of financial disclosure statements; to change certain provisions regarding complaints or information regarding fraud, waste, or abuse in state programs and operations; to amend Code Section 36-67A-1 of the Official Code of Georgia Annotated, relating to definitions, so as to change a cross-reference; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-5-3, relating to definitions, and inserting in its place a new Code Section 21-5-3 to read as follows:
"21-5-3. As used in this chapter, the term:
(1) 'Business entity' means any corporation, sole proprietorship, partnership, limited partnership, limited liability company, enterprise, franchise, association, trust, joint venture, or other entity, whether profit or nonprofit. (2) 'Campaign committee' means the candidate, person, or committee which accepts contributions or makes expenditures designed to bring about the nomination or election of an individual to any elected office. The term 'campaign committee' also means any person or committee which accepts contributions or makes expenditures 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 any committee which accepts contributions or makes expenditures designed 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. (3) 'Campaign contribution disclosure report' means a report filed with the appropriate filing officer by a candidate or the chairperson or treasurer of a campaign committee setting forth all expenditures of $101.00 or more and all contributions of $101.00 or more, including contributions and expenditures of lesser amounts when the aggregate amount thereof by or to a person is $101.00 or more for the calendar year in which the report is filed. Such report shall also include the total amount of all individual contributions received or expenditures made of less than $101.00 each. The first report required in the calendar year of the election shall contain all such expenditures made and all such contributions received by the candidate or the committee in prior years in support of the campaign in question. (4) 'Candidate' means an individual who seeks nomination for election or election to any public office, whether or not such an individual is elected; and a person shall be deemed to seek nomination or election if such person has taken necessary action

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under the laws of this state to qualify such person for nomination for election or election or has received contributions or made expenditures in pursuit of such nomination or election or has given such persons consent for such persons campaign committee to receive contributions or make expenditures with a view to bringing about such persons nomination for election or election to such office. (5) 'Commission' means the State Ethics Commission created under Code Section 215-4. (6) 'Connected organization' means any organization, including any corporation, labor organization, membership organization, or cooperative, which is not a political action committee, as defined in this chapter, but which, directly or indirectly, establishes or administers a political action committee or which provides more than 40 percent of the funds of the political action committee for a calendar year. (6)(7) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of any person for office, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal or professional services performed by persons who serve without compensation from any sources and on a voluntary basis. The term 'contribution' shall include other forms of payment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contribution designed to encourage or influence a candidate or public officer holding elective office. The term 'contribution' shall also encompass transactions wherein a qualifying fee required of the candidate is furnished or paid by anyone other than the candidate. (7)(8) 'Direct ownership interest' means the holding or possession of good legal or rightful title of property or the holding or enjoyment of real or beneficial use of the property by any person and includes any interest owned or held by a spouse of such person if such interest is held jointly or as tenants in common between the person and spouse. (8)(9) 'Election' means a primary election; run-off election, either primary or general; special election; or general election. The term 'election' also means a recall election. (8.1)(10) 'Election cycle' means the period from the day following the date of an election or appointment of a person to elective public office through and including the date of the next such election of a person to the same public office and shall be construed and applied separately for each elective office. (9)(11) 'Expenditure' means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made for the purpose of influencing the nomination for election or election of any person, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed

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constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term 'expenditure' shall also include the payment of a qualifying fee for and in behalf of a candidate. (10)(12) 'Fiduciary position' means any position imposing a duty to act primarily for the benefit of another person as an officer, director, manager, partner, or other designation of general responsibility of a business entity. (11)(13) 'Filing officer' means that official who is designated in Code Section 21-534 to receive campaign contribution disclosure reports; provided, however, that such term shall not include the State Ethics Commission. (12) 'Gift' means any gratuitous transfer to a public officer, the spouse of the public officer, or any dependents of the public officer or a loan of property or services which is not a contribution as defined in paragraph (6) of this Code section and which is in the amount of $101.00 or more. (12.1)(14) 'Independent committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons, other than a campaign committee, political party, or political action committee, which receives donations during a calendar year from persons who are members or supporters of the committee and which expends such funds either for the purpose of affecting the outcome of an election for any elected office or to advocate the election or defeat of any particular candidate. (13)(15) 'Intangible property' means property which is not real property and which is held for profit and includes stocks, bonds, interest in partnerships, choses in action, and other investments but shall not include any ownership interest in any public or private retirement or pension fund, account, or system and shall not include any ownership interest in any public or private life insurance contract or any benefit, value, or proceeds of such life insurance contract. (16) 'Net fair market' value means the fair market value of property less any indebtedness thereon. (14)(17) 'Person' means an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons. (14.1)(18) 'Political action committee' means: (A) any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations during a calendar year from persons who are members or supporters of the committee and which distributes these funds as contributions to one or more candidates for public office or campaign committees of candidates for public office; and (B) a 'separate segregated fund' as defined in Code Section 21-5-40. Such term does not include a campaign committee. (14.2)(19) 'Public employee' means every person employed by the executive, legislative, or judicial branch of state government, or any department, board, bureau, agency, commission, or authority thereof. (15)(20) 'Public officer' means:

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(A) Every elected constitutional officer including the Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor; (B) Every elected state official; (C) The executive head of every state department or agency, whether elected or appointed; (D) Each member of the General Assembly; (E) The executive director of each state board or authority and the members thereof; (F) Every elected county official and every elected member of a local board of education; and (G) Every elected municipal official."
SECTION 2. Said title is further amended by striking Code Section 21-5-6, relating to powers and duties of the State Ethics Commission, and inserting in its place new Code Sections 215-6 and 21-5-6.1 to read as follows:
"21-5-6. (a) The commission is vested with the following powers:
(1) To meet at such times and places as it may deem necessary; (2) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies, and reports to the commission as will best assist it to carry out its duties and responsibilities; (3) To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter and Part 2 of Article 1 of Chapter 10 of Title 45; (4) To employ an executive secretary and such additional staff as the commission deems necessary to carry out the powers delegated to the commission by this chapter and Code Section 45-10-14; (5) To issue subpoenas to compel any person to appear, give sworn testimony, or produce documentary or other evidence; (6) To institute and prosecute actions in the superior courts, in its own name, seeking to enjoin or restrain any violation or threatened violation of this chapter; (7) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such rules and regulations as are necessary to carry out the purposes of this chapter; and (8) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it. (b) The commission shall have the following duties: (1) To prescribe forms to be used in complying with this chapter;

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(2) To prepare and publish a manual setting forth recommended uniform methods of accounting and reporting for use by persons required by this chapter to file statements and reports; (3) To accept and file any information voluntarily supplied that exceeds the requirements of this chapter; (4) To develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter; (5) To adopt a retention standard for records of the commission in accordance with Article 5 of Chapter 18 of Title 50, the 'Georgia Records Act'; (6) To prepare and publish such other reports and technical studies as in its judgment will tend to promote the purposes of this chapter; (7) To provide for public dissemination of such summaries and reports; (8) To determine whether the required statements and reports have been filed and, if so, whether they conform to the requirements of this chapter; (9) To make investigations, subject to the limitations contained in Code Section 21-57, with respect to the statements and reports filed under this chapter and with respect to alleged failure to file any statements or reports required under this chapter and upon receipt of the written complaint of any person, verified under oath to the best information, knowledge, and belief by the person making such complaint with respect to an alleged violation of any provision of this chapter, provided that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter;
(10)(A) To conduct a preliminary investigation, subject to the limitations contained in Code Section 21-5-7, of the merits of a written complaint by any person who believes that a violation of this chapter has occurred, verified under oath to the best information, knowledge, and belief by the person making such complaint. If there are found no reasonable grounds to believe that a violation has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. If the commission determines that there are such reasonable grounds to believe that a violation has occurred, it shall give notice by summoning the persons believed to have committed the violation to a hearing. The hearing shall be conducted in all respects in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commission may file a complaint charging violations of this chapter, and any person aggrieved by the final decision of the commission is entitled to judicial review in accordance with Chapter 13 of Title 50; provided, however, that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter. (B) In any such preliminary investigation referenced in subparagraph (A) of this paragraph, until such time as the commission determines that there are reasonable grounds to believe that a violation has occurred, it shall not be necessary to give the

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notice by summons nor to conduct a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (11) To report suspected violations of law to the appropriate law enforcement authority; (12) To investigate upon a written complaint any illegal use of state employees in a political campaign by any candidate; (13) To issue, upon written request, and publish advisory opinions on the requirements of this chapter and Part 2 of Article 1 of Chapter 10 of Title 45, based on a real or hypothetical set of circumstances; and each such advisory opinion shall be issued within 60 days of the written request for the advisory opinion; (14) To issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator: (A) To cease and desist from committing further violations; (B) To make public complete statements, in corrected form, containing the information required by this chapter;
(C)(i) To pay a civil penalty not to exceed $1,000.00 $10,000.00 for each violation contained in any report required by this chapter or for each failure to comply with any other provision of this chapter or of any rule or regulation promulgated under this chapter. (ii) A civil penalty shall not be assessed against any person except after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the commission. All moneys recovered pursuant to this Code section shall be deposited in the state treasury. (iii) The Attorney General of this state shall, upon complaint by the commission, or may, upon the Attorney Generals own initiative if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action in the superior court in the name of the commission for a temporary restraining order or other injunctive relief or for civil penalties assessed against any person violating any provision of this chapter or any rule or regulation duly issued by the commission. (iv) Any action brought by the Attorney General to enforce civil penalties assessed against any person for violating the provisions of this chapter or any rule or regulation duly issued by the commission or any order issued by the commission ordering compliance or to cease and desist from further violations shall be brought in the superior court of the county of the residence of the party against whom relief is sought. Service of process shall lie in any jurisdiction within the state. In such actions, the superior court inquiry will be limited to whether notice was given by the commission to the violator in compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Upon satisfaction that notice was given and a

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hearing was held pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the superior court shall enforce the orders of the commission and the civil penalties assessed under this chapter and the superior court shall not make independent inquiry as to whether the violations have occurred. (v) In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the commission, the judgment, if in favor of the commission, shall provide that the defendant pay to the commission the costs, including reasonable attorneys fees, incurred by the commission in the prosecution of such action; (15) To make public its conclusion that a violation has occurred and the nature of such violation; (16) To petition the superior court within the county where the hearing was or is being conducted for the enforcement of any order issued in connection with such hearing; and (17) To report to the General Assembly and the Governor at the close of each fiscal year concerning the action taken during that time, the names, salaries, and duties of all individuals employed, and the funds disbursed and to make such further report on the matters within its jurisdiction as may appear desirable; and (18) To carry out the procedures, duties, and obligations relative to the commission set forth in Part 2 of Article 1 of Chapter 10 of Title 45. (c) The Secretary of State, through the Secretary of States office, shall perform the ministerial functions which the commission may require. The office of the Secretary of State shall be designated as the place where members of the public may file papers or correspond with the commission and receive any form or instruction from the commission. The Secretary of State or the Secretary of States designee shall serve as secretary to the commission.
21-5-6.1. (a) The State Ethics Commission shall have the same powers and duties with respect to Part 2 of Article 1 of Chapter 10 of Title 45 as the commission has with respect to this chapter. (b) The Attorney General shall have the same powers and duties with respect to Part 2 of Article 1 of Chapter 10 of Title 45 as the Attorney General has with respect to this chapter. Without limiting the generality of the foregoing it is specifically provided that the Attorney General may bring civil actions for the enforcement of Part 2 of Article 1 of Chapter 10 of Title 45 in the same general manner as provided in this chapter."
SECTION 3. Said title is further amended by striking Code Section 21-5-7, relating to initiation of certain complaints, and inserting in its place a new Code Section 21-5-7 to read as follows:
"21-5-7.

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(a) The commission shall not initiate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person unless that person shall reduce the same in writing and verify the same under oath to the best information, knowledge, and belief of such person, the falsification of which shall be punishable as false swearing under Code Section 16-10-71. The person against whom any complaint is made shall be furnished or mailed a copy of the complaint by the commission immediately upon the commissions receipt of such complaint and prior to any other public dissemination of such complaint. Nothing in this Code section, however, shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter. (b) The commission shall adopt rules which shall provide that:
(1) Upon the commissions receipt of a complaint, a determination shall be made as to whether the complaint relates to an alleged technical defect in a filing. For this purpose, a technical defect shall be a defect such as a failure to include a date or an incorrect date, a failure to include a contributors occupation or an incorrect occupation, a failure to include an address or an incorrect address, or any other similar technical defect as specified by rule of the commission; (2) When the commission determines that a complaint relates to a technical defect in a filing, the subject of the complaint shall be given a period of ten 30 days to correct the alleged technical defect. During such ten-day 30 day period the complaint shall be considered as received by the commission but not yet filed with the commission. If during such ten-day 30 day period the alleged technical violation is cured by an amended filing or otherwise, or if during such ten-day 30 day period the subject of the complaint demonstrates that there is no technical violation as alleged, the complaint shall be disposed of without filing or further proceedings and no penalty shall be imposed."
SECTION 4. Said title is further amended by striking Code Section 21-5-12, relating to connected organizations, and inserting in its place a new Code Section 21-5-12 to read as follows:
"21-5-12. (a) As used in this Code section, the term 'connected organization' means any organization, including any corporation, labor organization, membership organization, or cooperative, which is not a political action committee, as defined in this article, but which, directly or indirectly, establishes or administers a political action committee or which provides more than 40 percent of the funds of the political action committee for a calendar year. (b)(a) The name of each political action committee shall include the name of its connected organization. (c)(b) The name of any separate segregated fund, as defined in Code Section 21-5-40, shall include the name of its connected organization."

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SECTION 5. Said title is further amended by striking Code Section 21-5-30, relating to campaign contributions, and inserting in its place a new Code Section 21-5-30 to read as follows:
"21-5-30. (a) Except as provided in subsection (e) of Code Section 21-5-31 21-5-34, no contributions to bring about the nomination or election of a candidate for any office shall be made except directly to a candidate or such candidates campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate; and no contributions to bring about the recall of a public officer or to oppose the recall of a public officer or to bring about the approval or rejection by the voters of a proposed constitutional amendment, state-wide referendum, or other issue at the municipal or county level shall be accepted except directly by a campaign committee organized for that purpose. (b) Each candidate shall maintain records and file reports as required by this chapter or shall have a campaign committee for the purposes of maintaining records and filing reports as required by this chapter. Every campaign committee shall have a chairperson and a treasurer, except that the candidate may serve as the chairperson and treasurer. Before a campaign committee accepts contributions, the name and address of the chairperson and treasurer shall be filed with the Secretary of State commission. When a candidate has been elected to public office, the registration of that candidates campaign committee with the Secretary of State commission shall remain in effect so long as the candidate remains in office until and unless: (1) the registration is canceled by the campaign committee or the candidate; or (2) a new campaign committee for that candidate is registered with the Secretary of State commission. The same person may serve as chairperson and treasurer. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of chairperson or treasurer of the campaign committee. (c) Contributions of money received pursuant to subsection (a) of this Code section shall be deposited in the separate campaign depository account opened and maintained by the candidate or the campaign committee for the purpose for which such campaign committee was organized. Such account may be an interest-bearing account; provided, however, that any interest earned on such account shall be deemed contributions and may only be used for the purposes allowed under this chapter. Those who elect the separate accounting option may also open, but are not required to open, a separate campaign depository account for each election for which contributions are accepted beyond their next upcoming election. (d) Where separate contributions of less than $101.00 are knowingly received from a common source, such contributions shall be aggregated for reporting purposes. For purposes of fulfilling such aggregation requirement, members of the same family, firm, or partnership or employees of the same person, as defined in paragraph (14) (17) of Code Section 21-5-3, shall be considered to be a common source; provided, however, that the purchase of tickets for not more than $25.00 each and for or attendance at a fundraising event by members of the same family, firm, or partnership or employees of

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the same person shall not be considered to be contributions from a common source except to the extent that tickets are purchased as a block. (e) The making and acceptance of anonymous contributions are prohibited. Any anonymous contributions received by a candidate or campaign committee shall be transmitted to the director of the Office of Treasury and Fiscal Services for deposit in the state treasury, and the fact of such contribution and transmittal shall be reported to the commission. (f) A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign. This subsection shall not apply to motor carriers whose rates are not regulated by the Public Service Commission. Any person who knowingly violates this subsection with respect to a member of the Public Service Commission, a candidate for the Public Service Commission, or the campaign committee of a candidate for the Public Service Commission shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000.00 $10,000.00, or both; and any person who knowingly violates this subsection with respect to any other public officer, a candidate for such other public office, or the campaign committee of a candidate for such other public office shall be guilty of a misdemeanor. (g) Neither a candidate who is not a public officer nor his or her campaign committee may lawfully accept a campaign contribution until the candidate has filed with the Secretary of State commission or appropriate local filing officer a declaration of intention to accept campaign contributions which shall include the name and address of the candidate and the names and addresses of his or her campaign committee officers, if any."
SECTION 6. Said title is further amended by striking Code Section 21-5-31, relating to certain contributions or expenditures, and inserting in its place a new Code Section 21-5-31 to read as follows:
"21-5-31. (a) Any person who accepts contributions for, makes contributions to, or makes expenditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candidate or his campaign committee do not require separate reporting, except that contributions from persons as defined in paragraph (14) of Code Section 21-5-3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting, and except that copies of campaign contribution disclosure reports do not have to be filed with local election superintendents as required of candidates for membership in the General Assembly pursuant to paragraph (1) of subsection (a) of Code Section 21-5-34. (b) When a contribution consists of the proceeds of a loan, advance, or other extension of credit, the campaign contribution disclosure report shall also contain the name of the lending institution or party making the advance or extension of credit and the names,

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mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship. Reserved."
SECTION 7. Said title is further amended by striking Code Section 21-5-34, relating to disclosure reports, and inserting in its place a new Code Section 21-5-34 to read as follows:
"21-5-34. (a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office except county and municipal offices or the General Assembly and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referendum shall sign and file with the Secretary of State commission the required campaign contribution disclosure reports. A candidate for membership in the General Assembly or the chairperson or treasurer of such candidates campaign committee shall file such candidates reports with the Secretary of State commission and a copy thereof with the election superintendent of the county of such candidates residence. (B) The chairperson or treasurer of each independent committee as defined in Code Section 21-5-3 shall file the required disclosure reports with the Secretary of State commission. (2)(A) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a campaign contribution disclosure report as prescribed by this chapter; provided, however, that such report shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums must identify the principal officer of such campaign committee by listing or stating the name and title of the principal officer. (B) If a campaign committee is required to file a report under subparagraph (A) of this paragraph, such report shall be filed with the election superintendent of the county in the case of a county election or with the municipal clerk in the case of a municipal election. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the year in which the election is held.
(3) A candidate for county office or the chairperson or treasurer of such candidates campaign committee shall sign and file the required campaign contribution disclosure reports with the election superintendent in the respective county of election.

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(4) A candidate for municipal office or such candidates campaign committee shall file the reports with the municipal clerk in the respective municipality of election or, if there is no clerk, with the chief executive officer of the municipality. (b)(1) All reports shall list the following:
(A) The amount and date of receipt, along with the name, and mailing address, occupation, and employer of any person, and the occupation and employer of any person who is an individual, making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events coordinated for the purpose of raising campaign contributions for the reporting candidate; (B) The name and mailing address and occupation or place of employment of any person, and the address and occupation or employer if such person is an individual, to whom an expenditure of $101.00 or more is made and the amount, date, and general purpose of such expenditure; (C) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship; (D) Total contributions received and total expenditures made as follows:
(i) Contributions and expenditures shall be reported for the applicable reporting cycle; (ii) A reporting cycle shall commence on January 1 of the year in which an election is to be held for the public office to which a candidate seeks election and shall conclude:
(I) At the expiration of the term of office if such candidate is elected and does not seek reelection or election to some other office; (II) On December 31 of the year in which such election was held if such candidate is unsuccessful; or (III) If such candidate is successful and seeks reelection or seeks election to some other office the current reporting cycle shall end when the reporting cycle for reelection or for some other office begins; (iii) The first report of a reporting cycle shall list the net balance on hand brought forward from the previous reporting cycle, if any, and the total contributions received during the period covered by the report; (iv) Subsequent reports shall list the total contributions received during the period covered by the report and the cumulative total of contributions received during the reporting cycle; (v) The first report of a reporting cycle shall list the total expenditures made during the period covered by the report;

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(vi) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting cycle, and net balance on hand; and (vii) If a public officer seeks reelection to the same public office, the net balance on hand at the end of the current reporting cycle shall be carried forward to the first report of the applicable new reporting cycle; and (E) The corporate, labor union, or other affiliation of any political action committee or independent committee making a contribution of $101.00 or more. (2) Each report shall be in such form as will allow for the separate identification of a contribution or contributions which are less than $101.00 but which become reportable due to the receipt of an additional contribution or contributions which when combined with such previously received contribution or contributions cumulatively exceed $101.00. When a contribution or contributions totaling less than $101.00 have previously been made to a candidate or campaign committee by a contributor and a contribution or contributions subsequently become reportable due to the receipt of an additional contribution or contributions from that contributor which, when combined with such previously received contribution or contributions cumulatively exceed $101.00, all such contributions shall be reported as one aggregated contribution on the next regular report scheduled to be filed after the receipt by the candidate or campaign committee of the contribution which increases the total amount of contributions from such contributor to $101.00 or more. This paragraph shall be construed so as to relieve a candidate or campaign committee from the obligation of having to file amendments to previously filed reports to report contributions less than $101.00 which were not previously separately reportable but which have subsequently become separately reportable by virtue of the receipt of an additional contribution or contributions. (c) Candidates or campaign committees which accept contributions, make expenditures designed to bring about the nomination or election of a candidate, or have filed a declaration of intention to accept campaign contributions pursuant to subsection (g) of Code Section 21-5-30 shall file campaign contribution disclosure reports in compliance with the following schedule: (1) In each nonelection year on June 30 and December 31; (2) In each year in which the candidate qualifies to run for public office: (A) On March 31, June 30, September 30, October 25, and December 31; (B) Six days before any run-off primary or election in which the candidate is listed on the ballot; and (C) During the period of time between the last report due prior to the date of any state-wide primary or state-wide election for which the candidate is qualified and the date of such primary or election, all contributions of $1,000.00 or more must be reported within 48 hours of receipt to the location where the original disclosure report for such candidate or committee was filed and also reported on the next succeeding regularly scheduled campaign contribution disclosure report;

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(3) If the candidate is candidate in a special primary or special primary runoff, 15 days prior to the special primary and six days prior to the special primary runoff; and (4) If the candidate is candidate in a special election or special election runoff, 15 days prior to the special election and six days prior to the special election runoff. All persons or entities required to file reports shall have a five-day grace period in filing the required reports, except that the grace period shall be two days for required reports prior to run-off primaries or run-off elections, and no grace period shall apply to contributions required to be reported within 48 hours. The mailing of such reports by United States mail with adequate postage affixed, within the required filing time as determined by the official United States postage date cancellation, shall be prima-facie evidence of filing but reports required to be filed within 48 hours of a contribution must also be reported by facsimile, electronic transmission, or otherwise within those 48 hours to the location where the original disclosure report for such candidate or committee was filed. A report or statement required to be filed by this Code section other than a report of contributions required to be reported within 48 hours shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calendar year of the election shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported. (d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution of $101.00 or more, such candidate shall only be required to make the initial and final report as required under this chapter. (e) Any person who makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates, and any independent committee, shall file a registration with the Secretary of State commission in the same manner as is required of campaign committees prior to accepting or making contributions or expenditures. Such persons, other than independent committees, shall also file campaign contribution disclosure reports in the same places and at the same times as required of the candidates they are supporting, but such persons are not required to file copies of campaign contribution disclosure reports with local election superintendents as is required of candidates for membership in the General Assembly. The following persons shall be exempt from the foregoing registration and reporting requirements: (1) Individuals making aggregate contributions of $25,000.00 or less directly to candidates or the candidates campaign committees in one calendar year; and (2) Persons other than individuals making aggregate contributions and expenditures to or on behalf of candidates of $5,000.00 or less in one calendar year.; and (3) Contributors who make contributions to only one candidate during one calendar year, regardless of the amount contributed. (f)(1) Any independent committee which accepts contributions or makes expenditures for the purpose of affecting the outcome of an election or advocates the election or defeat of any candidate shall file disclosure reports with the Secretary of

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State commission as follows: (A) on the first day of each of the two calendar months preceding any such election; (B) two weeks prior to the date of such election; and (C) within the two-week period prior to the date of such election the independent committee shall report within 48 hours any contributions or expenditure of more than $1,000.00. The independent committee shall file a final report prior to December 31 of the year in which the election is held and shall file supplemental reports on June 30 and December 31 of each year that such independent committee continues to accept contributions or make expenditures. (2) Reports filed by independent committees shall list the following:
(A) The amount and date of receipt, along with the name, mailing address, occupation, and employer of any person making a contribution of $101.00 or more; (B) The name, mailing address, occupation, and employer of any person to whom an expenditure or provision of goods or services of the value of $101.00 or more is made and the amount, date, and general purpose thereof, including the name of the candidate or candidates, if any, on behalf of whom, or in support of or in opposition to whom, the expenditure or provision was made; (C) Total expenditures made as follows:
(i) Expenditures shall be reported for the applicable reporting year; (ii) The first report of a reporting year shall list the total expenditures made during the period covered by the report; and (iii) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting year, and net balance on hand; (D) The corporate, labor union, or other affiliation of any political action committee, candidate, campaign committee, or independent committee making a contribution of the value of $101.00 or more. (3) Whenever any independent committee makes an expenditure for the purpose of financing any communication intended to affect the outcome of an election, such communication shall clearly state that it has been financed by such independent committee. (g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer shall file campaign contribution disclosure reports with the Secretary of State commission as follows: (1) An initial report shall be filed within 15 days after the date when the official recall petition forms were issued to the sponsors; (2) A second report shall be filed 45 days after the filing of the initial report; (3) A third report shall be filed within 20 days after the election superintendent certifies legal sufficiency or insufficiency of a recall petition; (4) A final report shall be filed prior to December 31 of the year in which the recall election is held or, in any case where such recall election is not held, a final report shall be filed prior to December 31 of any year in which such campaign committee accepts such contributions or makes such expenditures; and

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(5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the election superintendent in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality. Each filing officer shall forward a copy of the reporting forms required by this Code section to each candidate or public officer holding elective office required to file such report within a reasonable time prior to each filing. (h) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign contribution disclosure report with the Secretary of State commission 75, 45, and 15 days prior to the date of the election and shall file a final report prior to December 31 of the year in which the election is held. (i) In any county in which the county board of elections does not maintain an office open to the public during normal business hours for five days a week, the reports required by this Code section shall be filed in the office of the judge of the probate court of that county. (j)(1) Any person elected to a public office who is required to file campaign contribution disclosure reports pursuant to this article shall, upon leaving public office with excess contributions, be required to file supplemental campaign contribution disclosure reports on June 30 and December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. (2) Any person who is an unsuccessful candidate in an election and who is required to file campaign contribution disclosure reports pursuant to this article shall for the remainder of the reporting cycle file such reports at the same times as a successful candidate and thereafter, upon having excess contributions from such campaign, be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. Any unsuccessful candidate in an election who is required to file campaign contribution disclosure reports pursuant to this article and who receives contributions following such election to retire debts incurred in such campaign for elective office shall be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such unpaid expenditures from such campaign are satisfied. (k) Notwithstanding any other provision of this chapter to the contrary, soil and water conservation district supervisors elected pursuant to Article 2 of Chapter 6 of Title 2, the 'Soil and Water Conservation Districts Law,' shall not be required to file campaign contribution disclosure reports under this Code section.

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(l) In addition to other penalties provided under this chapter, an additional filing fee of $25.00 shall be imposed for each report that is filed late. In addition, a filing fee of $50.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed; provided, however, a 15 day extension period shall be granted on the final report."
SECTION 8. Said title is further amended by striking Code Section 21-5-34.1, relating to electronic filing of certain reports, and inserting in its place a new Code Section 21-5-34.1 to read as follows:
"21-5-34.1. (a) Beginning February 1, 2001, candidates Candidates seeking election to constitutional offices, the Supreme Court, the Court of Appeals, and the Public Service Commission shall use electronic means to file their campaign contribution disclosure reports with the Secretary of State commission upon having raised or spent a minimum of $20,000.00 in an election cycle. Under that threshold, electronic filing is permitted and encouraged but not required. (b) Beginning January 1, 2003, candidates Candidates seeking election to the General Assembly, superior courts, and the office of district attorney shall use electronic means to file their campaign contribution disclosure reports with the Secretary of State commission, as specified in Code Section 21-5-34, upon having raised or spent a minimum of $10,000.00 in an election cycle, but contributions and expenditures received or made prior to reaching such threshold need not be electronically filed if previously reported, except as cumulative totals. Under that threshold, electronic filing is permitted and encouraged but not required. (c) Beginning January 1, 2003, candidates Candidates seeking election to county or municipal offices shall use electronic means to file their campaign contribution disclosure reports with the election superintendent of their county or the municipal clerk or chief executive officer of their municipality, as specified in Code Section 21-534, upon having raised or spent a minimum of $10,000.00 in an election cycle, but contributions and expenditures received or made prior to reaching such threshold need not be electronically filed if previously reported, except as cumulative totals. Under that threshold, electronic filing is permitted and encouraged but not required. (d) Beginning January 1, 2003, political Political action committees, independent committees, and any persons otherwise required by this article to file campaign contribution disclosure reports shall use electronic means to file such reports with the Secretary of State commission upon having raised or spent $5,000.00 in a calendar year. Under that threshold, electronic filing is permitted and encouraged but not required. (e) When campaign contribution disclosure reports are filed electronically as provided in subsections (a) through (d) of this Code section, the original report shall be filed at the same location. (f) No funds raised or spent prior to the implementation date of electronic filing shall be counted toward the appropriate threshold.

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(g) The commission is authorized to promulgate rules and regulations to implement this Code section."
SECTION 9. Said title is further amended by striking Code Section 21-5-40, relating to definitions, and inserting in its place a new Code Section 21-5-40 to read as follows:
"21-5-40. As used in this article, the term:
(1) 'Affiliated business entity' means with respect to any business entity any other business entity related thereto: as a parent business entity; as a subsidiary business entity; as a sister business entity; by common ownership or control; or by control of one business entity by the other. (1)(2) 'Affiliated committees' means any two or more political committees (including a separate segregated fund) established, financed, maintained, or controlled by the same corporation, labor organization, person, or group of persons, including any parent, subsidiary, branch, division, department, or local unit thereof. (2) 'Affiliated corporation' means with respect to any corporation any other corporation related thereto: as a parent corporation; as a subsidiary corporation; as a sister corporation; by common ownership or control; or by control of one corporation by the other. (3) 'Corporation Business entity' means any business or nonprofit corporation organized under the laws of this state, any other state, or the United States. entity as that term is defined in paragraph (1) of Code Section 21-5-3. Such term shall include partnerships except in those provisions of this article in which specific reference is made to partnerships. (4) 'Election year' shall be construed and applied separately for each elective office and means for each elective office the calendar year during which a regular or special election to fill such office is held. (4.1)(5) 'Nonelection year' shall be construed and applied separately for each elective office and means for each elective office any calendar year during which there is no regular or special election to fill such office. (5)(6) 'Person' means an individual. (6)(7) 'Political committee' means: (A) any partnership, committee, club, association, organization, party caucus of the House of Representatives or the Senate, or similar entity (other than a corporation business entity) or any other group of persons or entities which makes a contribution; or (B) any separate segregated fund. (6.1)(8) 'Political party' means any political party as that term is defined in paragraph (25) of Code Section 21-2-2, as amended; provided, however, that for purposes of this article, local, state, and national committees shall be separate political parties. (6.2)(9) 'Public office' means the office of each elected public officer as specified in paragraph (15) (20) of Code Section 21-5-3. (7)(10) 'Separate segregated fund' means a fund which is established, administered, and used for political purposes by a corporation business entity, labor organization,

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membership organization, or cooperative and to which the corporation business entity, labor organization, membership organization, or cooperative solicits contributions."
SECTION 10. Said title is further amended by striking Code Section 21-5-41, relating to maximum allowable contributions by persons or partnerships, and inserting in its place a new Code Section 21-5-41 to read as follows:
"21-5-41. (a)(1) No person, corporation business entity, political committee, or political party shall make, and no candidate or campaign committee shall receive from any such entity, contributions to any candidate for state-wide elected office which in the aggregate for an election cycle exceed: (1)(A) Five thousand dollars for a primary election; (2)(B) Three thousand dollars for a primary run-off election; (3)(C) Five thousand dollars for a general election; and (4)(D) Three thousand dollars for a general election runoff. (b)(2) No person, corporation business entity, political committee, or political party shall make, and no candidate or campaign committee shall receive from any such entity, contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for an election cycle exceed: (1)(A) Two thousand dollars for a primary election; (2)(B) One thousand dollars for a primary run-off election; (3)(C) Two thousand dollars for a general election; and (4)(D) One thousand dollars for a general election runoff. (b)(1) No business entity shall make for any election contributions to any candidate which when aggregated with contributions to the same candidate for the same election from any affiliated business entities exceed the per election contribution limits for such candidate as specified in subsection (a) of this Code section. (2) No political committee shall make for any election contributions to any candidate which when aggregated with contributions to the same candidate for the same election from any affiliated committees exceed the per election contribution limits for such candidate as specified in subsection (a) of this Code section.
(c) Candidates and campaign committees may separately account for contributions pursuant to Code Section 21-5-43. Candidates and campaign committees not separately accounting for contributions pursuant to such Code section shall not accept contributions for any election in an election cycle prior to the conclusion of the immediately preceding election in such cycle; provided, however, that contributions may be accepted for a primary election at any time in the election cycle prior to and including the date of such primary election. At the conclusion of an election, contributions remaining unexpended may be expended on succeeding elections in the election cycle, and contributions not exceeding the contribution limits of this Code section may continue to be accepted for repayment of campaign obligations incurred as a candidate in that election.

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(d) Candidates and campaign committees shall designate on their disclosure reports the election for which a contribution has been accepted. Any contribution not so designated shall be presumed to have been accepted for the election on or first following the date of the contribution. (e) A contribution by a partnership shall be deemed to have been made pro rata by the partners as individuals for purposes of this Code section, as well as by the partnership in toto unless the partnership by proper action under its partnership agreement otherwise directs allocation of the contribution among the partners. At such direction of the partnership, the contribution may be allocated in any proportion among the partners, including to one or some but not all. Such allocation shall be indicated on the face of any instrument constituting the contribution or on an accompanying document referencing such instrument. (f) The limits established by this Code section shall not apply to a loan or other contribution made to a campaign committee or candidate by the candidate or a member of the candidates immediate family. (g) The limits established by this Code section shall not apply to a bona fide loan made to a candidate or campaign committee by a state or federally chartered financial institution or a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation if:
(1) Such loan is made in the normal course of business with the expectation on the part of all parties that such loan shall be repaid; and (2) Such loan is based on the credit worthiness of the candidate and the candidate is personally liable for the repayment of the loan. (h) The limitations provided for in this Code section shall not include contributions or expenditures made by a political party in support of a party ticket or a group of named candidates. (i) At the end of the election cycle applicable to each public office as to which campaign contributions are limited by this Code section and every four years for all other elections to which this Code section is applicable, the contribution limitations in this Code section shall be raised or lowered in increments of $100.00 by regulation of the State Ethics Commission pursuant to a determination by the commission of inflation or deflation during such cycle or four-year period, as determined by the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor, and such limitations shall apply until next revised by the commission. The commission shall adopt rules and regulations for the implementation of this subsection. (i)(1) If following any election, including but not limited to a primary election, in an election cycle, a candidates or campaign committees funds are insufficient to pay all campaign obligations incurred in that election, contributions not exceeding the limits set forth in this Code section may continue to be accepted to satisfy the net debts outstanding from such election. (2) In order to determine whether there are net debts outstanding from a particular election, the candidate or campaign committee shall calculate net debts outstanding as of the date of the election. For purposes of this paragraph, 'net debts outstanding'

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means the total amount of unpaid debts and obligations incurred with respect to an election, including the estimated cost of raising funds to liquidate debts incurred with respect to the election, and including any costs incurred in connection with winding down the campaign from such election, including office space rental, staff salaries, and office supplies, less the sum of:
(A) The total cash on hand available to pay those debts and obligations, including: currency; balances on deposit in banks, savings and loan institutions, and other depository institutions; travelers checks; certificates of deposit; treasury bills; and any other candidate or campaign committee investments valued at net fair market value; and (B) The total amounts owed to the candidate or campaign committee in the form of credits, refunds of deposits, returns, or receivables or a commercially reasonable amount based on the collectability of those credits, refunds, returns, or receivables. The amount of the net debts outstanding shall be adjusted as additional funds are received and expenditures are made. The candidate may accept contributions made after the date of the election if:
(i) Such contributions do not exceed the adjusted amount of net debts outstanding on the date the contribution is received; and (ii) Such contributions, when aggregated with previous contributions from the same contributor for such election, do not exceed the contribution limitations in effect on the date of such election."
SECTION 11. Said title is further amended by striking Code Section 21-5-42, relating to maximum allowable contributions by corporations, and inserting in its place a new Code Section 215-42 to read as follows:
"21-5-42. For purposes of this article, a contribution to a campaign committee of a candidate for any public office shall be deemed to be a contribution to such candidate. If during any calendar year there occur both a special election including a special primary, special primary runoff, and special election runoff as appropriate and a general election for the same public office and if the same person is a candidate for nomination or election at both such special election including a special primary, special primary runoff, and special election runoff as appropriate and such general election, then this Code section shall apply. Where this Code section applies, a person, corporation business entity, political committee, or political party may contribute up to the maximum amount otherwise allowable under this article to such person or such persons campaign committee for the purpose of influencing such candidates nomination or election at the special primary, special primary runoff, special election, or special election runoff; and the same person, corporation business entity, political committee, or political party may contribute up to the maximum amount otherwise allowable under this article for the purpose of influencing such candidates election at the general election or general election runoff. This Code section shall be construed according to the following rules:

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(1) It is the general intent of this Code section to allow a person who is a candidate for election at both a special election and a general election in the same calendar year to receive up to but no more than twice the amount of contributions which could otherwise be received from any one donor during the year but no more than the limits applicable to any individual election; and (2) Seeking nomination at a special primary or general primary shall be considered as seeking election at the ensuing special election or general election for the purpose of determining whether a person is a candidate for election at both the special election and the general election and allowing the application of this Code section; but seeking election at only a single primary and its ensuing election shall not bring this Code section into effect."
SECTION 12. Said title is further amended by striking Code Section 21-5-43, relating to maximum allowable contributions by political committees, and inserting in its place a new Code Section 21-5-43 to read as follows:
"21-5-43. (a) A candidate or campaign committee may separately account for contributions for each election in an election cycle for which contributions are accepted. If no contributions are accepted for an election, no corresponding accounting shall be required. Subject to the contribution limits of this chapter, contributions so separately accounted for may be accepted at any time in the election cycle. Upon the conclusion of an election, contributions not exceeding such limits may continue to be accepted for repayment of campaign obligations incurred as a candidate in that election. (b) Contributions separately accounted for shall not be expended on a prior election except in conformance with this Code section. Contributions separately accounted for in a primary election may be expended at any time during the election cycle prior to and including the date of the primary. Candidates who have elected the option of separate accounting may not use contributions designated for a future election to pay debts from a prior election, unless and until the election for which the separately accounted for contributions were designated has been held and campaign debts remain outstanding from a prior election. (c) Contributions remaining unexpended after the date of the election may be expended for any future election in the same election cycle without regard to the limitations of Code Section 21-5-41. If there are no further elections in the election cycle or if the candidate or the candidate of the campaign committee is not on the ballot of a further election in the election cycle, such contributions may be used only as provided in Code Section 21-5-33. (d) Contributions accepted and separately accounted for in an election which does not occur or for which the candidate does not qualify, if unexpended, shall be returned to the contributors thereof pro rata without interest. Any portion thereof which cannot be returned to the original contributor thereof shall be expended only as provided in Code Section 21-5-33.

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(d) Contributions received for an election beyond the candidates next upcoming election may be placed in a separate campaign depository account and may not be spent or encumbered until: (1) the preceding election has been held; and (2) it is determined that the candidate will be on the ballot for the election for which the separately accounted for contributions were received. (e) If the candidate has accepted contributions which were separately accounted for and held pending the results of a preceding election, such contributions must be returned in full to the original contributors thereof if either of the following is true:
(1) The election for which contributions were accepted will not be held; or (2) The candidate for whom the contributions were accepted is not on the ballot in the election for which contributions were accepted. (f) Any refunds which are required must be made within 30 days of any determination that the election for which the contributions were accepted will not be held or within 30 days of an event which determines that the candidate for whom the contributions were accepted will not be on the ballot in the election for which the contributions were accepted. If refunds are from noninterest-bearing accounts, such refunds shall be made without interest. However, in the event the contributions to be refunded have been maintained in an interest-bearing account, all interest generated thereon shall be distributed pro rata along with full refunds to each of the original contributors. (g) Any refunds which cannot be delivered to the original contributor due to a lack of forwarding address shall be treated as excess funds and may only be expended in a manner authorized for disposition of excess funds. (e)(i) The commission shall adopt such rules and regulations as are necessary to carry out the purposes of this Code section in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 13. Said title is further amended by striking Code Section 21-5-50, relating to filing of financial disclosure statements, and inserting in its place a new Code Section 21-5-50 to read as follows:
"21-5-50. (a)(1) Except as modified in subsection (c) of this Code section with respect to candidates for state-wide elected public office, each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) (20) of Code Section 21-5-3, shall file with the Secretary of State commission not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year; and each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (E) of paragraph (15) (20) of Code Section 21-5-3, shall file with the Secretary of State commission, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year.

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(2) Each public officer, as defined in subparagraph (F) of paragraph (15) (20) of Code Section 21-5-3, shall file with the election superintendent of the county of election of such public officer, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (F) of paragraph (15) (20) of Code Section 21-5-3, shall file with the election superintendent of the county of election, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (3) Each public officer, as defined in subparagraph (G) of paragraph (15) (20) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (G) of paragraph (15) (20) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (4) The filing officer shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter. (5) A public officer shall not, however, be required to file such a financial disclosure statement for the preceding calendar year in a year in which there occurs qualifying for election to succeed such public officer, if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this subsection, a public officer shall not be deemed to hold office in a year in which the public officer holds office for less than 15 days. (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, as permitted under Code Section 45-10-12 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) 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;

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(3) 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; (4) Each tract of real property in which the candidate for public office or public officer has a direct ownership interest 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 complete address or a specific location of where the property is located; (5) The filers occupation, employer, and the principal activity and address of such employer; (6) 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 dependent children, 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 dependent child serves as an officer, director, equitable partner, trustee, or consultant; (7) For any business or subsidiary required to be identified under paragraph (6) of this subsection that provides professional services, including, but not limited to, legal, accounting, public relations, or consulting services, the identity of any client of such business or subsidiary that also employs or retains a lobbyist registered under this chapter or that engages in lobbying as defined in this chapter and the total amount of fees paid to such business or subsidiary by such client in the preceding calendar year; (5)(8) All annual payments in excess of $20,000.00 received by the public officer or any business entity identified in paragraph (3) 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)(9) 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. (c)(1) Each person who qualifies with a political party as a candidate for party nomination to a public office elected state wide (including an incumbent public officer elected state wide qualifying to succeed himself) shall file with the Secretary of State commission, not later than seven days after so qualifying, a financial

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disclosure statement. Each person who qualifies as a candidate for election to a public office elected state wide through a nomination petition or convention shall likewise file a financial disclosure statement not later than seven days after filing his notice of candidacy. Such financial disclosure statement shall comply with the requirements of subsections (a) and (b) of this Code section and shall in addition identify, for the preceding five calendar years:
(A) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate (whether for himself or herself or on behalf of any business) or any business in which such candidate or any member of his family has a substantial interest or is an officer of such business has transacted business with the government of the State of Georgia, the government of any political subdivision of the State of Georgia, or any agency of any such government; and (B) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate or any business in which such candidate or any member of his family has a substantial interest or is an officer of such business received any income of any nature from any person who was at the time of such receipt of income represented by a lobbyist registered with the commission pursuant to Article 4 of this chapter. (2) The financial disclosure statement required by paragraph (1) of this subsection shall include an itemized list of the transactions required to be reported, including the date of, dollar amount of, and parties to each such transaction. However, with respect to any transactions of a privileged nature only the total amount of such transactions shall be required to be reported, and names, dates, amounts of individual transactions, and other identifying data may be omitted; and for this purpose 'transactions of a privileged nature' shall include transactions between attorney and client, transactions between psychiatrist and patient, transactions between physician and patient, and any other transactions which are by law of a similar privileged and confidential nature. (3) The financial disclosure statement required by paragraph (1) of this subsection shall be accompanied by a financial statement of the candidates financial affairs for the calendar year prior to the year in which the election is held and the first quarter of the calendar year in which the election is held. (4)(A) As used in this subsection, the term:
(i) 'Agency' means any agency, authority, department, board, bureau, commission, committee, office, or instrumentality of the State of Georgia or any political subdivision of the State of Georgia. (ii) 'Financial statement' means a statement of a candidates financial affairs in a form substantially equivalent to the short form financial statement required for bank directors under the rules of the Department of Banking and Finance. (iii) 'Substantial interest' means the direct or indirect ownership of 10 5 percent or more of the assets or stock of any business. (B) As used in this subsection, the term: (i) 'Member of the family' includes the candidates spouse and dependent children; and

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(ii) 'Person' and 'transact business' shall have the meanings specified in Code Section 45-10-20. (5) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for nomination or election to public office until after the filing date otherwise applicable, such person shall make the filings required by this subsection within seven days after so qualifying. (d) Beginning January 1, 2004, 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."
SECTION 14. Title 45 of the Official Code of Georgia Annotated, relating to public officers, is amended by striking Code Section 45-1-4, relating to complaints or information regarding fraud, waste, and abuse in state programs and operations, and inserting in its place a new Code Section 45-1-4 to read as follows:
"45-1-4. (a) As used in this Code section, the term:
(1) 'Government agency' means any agency of federal, state, or local government charged with the enforcement of laws, rules, or regulations. (2) 'Law, rule, or regulation' includes any federal, state, or local statute or ordinance or any rule or regulation adopted according to any federal, state, or local statute or ordinance. (1)(3) 'Public employee' means any person who is employed by the executive branch of the state or by any other department, board, bureau, commission, authority, or other agency of the state except the office of the Governor, the judicial branch, or the legislative branch. This term also includes all employees, officials, or administrators of any agency covered under the State Merit System of Personnel Administration and any local or regional governmental entity that receives any funds from the State of Georgia or any state agency, except local legislative or judicial entities. (2)(4) 'Public employer' means the executive branch of the state and any other department, board, bureau, commission, authority, or other agency of the state which employs or appoints a public employee or public employees except the office of the Governor, the judicial branch, or the legislative branch. (5) 'Retaliate' or 'retaliation' refers to the discharge, suspension, or demotion by a public employer of a public employee or any other adverse employment action taken by a public employer against a public employee in the terms or conditions of employment. (6) 'Supervisor' means any individual: (A) to whom a public employer has given authority to direct and control the work performance of the affected public employee; (B) to whom a public employer has given authority to take corrective action regarding a violation of or noncompliance with a law, rule, or regulation of which the public

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employee complains; or (C) who has been designated by a public employer to receive complaints regarding a violation of or noncompliance with a law, rule, or regulation. (b) A public employer may receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to any state programs and operations under the jurisdiction of such public employer. (c) Notwithstanding any other law to the contrary, such public employer shall not after receipt of a complaint or information from a public employee disclose the identity of the public employee without the written consent of such public employee, unless the public employer determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the public employee shall be notified in writing at least seven days prior to such disclosure. (d) No action against any public employee shall be taken or threatened by any public employer who has authority to take, direct others to take, recommend, or approve any personnel action as a reprisal for making a complaint or disclosing information to the public employer unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. (d)(1) No public employer shall make, adopt, or enforce any policy or practice preventing a public employee from disclosing or threatening to disclose a violation of or noncompliance with a law, rule, or regulation to either a supervisor or a government agency. (2) No public employer shall retaliate against a public employee for disclosing or threatening to disclose a violation of or noncompliance with a law, rule, or regulation to either a supervisor or a government agency, unless the disclosure or threatened disclosure was made with knowledge that the disclosure was false or with reckless disregard for its truth or falsity. (3) No public employer shall retaliate against a public employee for objecting to, or refusing to participate in, any activity, policy, or practice of the public employer that the public employee has reasonable cause to believe is in violation of or noncompliance with a law, rule, or regulation. (4) Paragraphs (1), (2), and (3) of this subsection shall not apply to policies or practices which implement, or to actions by public employers against public employees who violate, privilege or confidentiality obligations recognized by constitutional, statutory, or common law. (e) Any action taken in violation of subsection (d) of this Code section shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court. (e)(1) A public employee who has been the object of retaliation in violation of this Code section may institute a civil action in superior court for relief as set forth in paragraph (2) of this subsection within one year after discovering the retaliation or within three years after the retaliation, whichever is earlier. (2) In any action brought pursuant to this subsection, the court may order any or all of the following relief:

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(A) An injunction restraining continued violation of this Code section; (B) Reinstatement of the employee to the same position held before the retaliation or to an equivalent position; (C) Reinstatement of full fringe benefits and seniority rights; (D) Compensation for lost wages, benefits, and other remuneration; and (E) Any other compensatory damages allowable at law. (f) A court may award reasonable attorneys fees, court costs, and expenses to a prevailing public employee."
SECTION 15. Code Section 36-67A-1 of the Official Code of Georgia Annotated, relating to definitions, is amended by striking paragraph (2.1) and inserting in its place a new paragraph (2.1) to read as follows:
"(2.1) 'Campaign contribution' means a 'contribution' as defined in paragraph (6) (7) of Code Section 21-5-3."
SECTION 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 17. All laws and parts of laws in conflict with this Act are repealed.
Senators Lee of the 29th, Stephens of the 51st and Crotts of the 17th offered the following amendment #1:
Amend the Senate Ethics Committee substitute to SB 168 by striking "(i)" and inserting in its place "(h)" on line 31 of page 26.
On the adoption of the amendment, the yeas were 39, nays 0, and the Lee, et al. amendment #1 to the committee substitute was adopted.
Senators Meyer von Bremen of the 12th, Crotts of the 17th, Lee of the 29th, Cheeks of the 23rd, Hooks of the 14th and Stephens of the 51st offered the following amendment #2:
Amend the Senate Ethics Committee substitute to SB 168 by striking lines 7 through 12 of page 29 and inserting in their place the following:
"(7) For any business or subsidiary required to be identified under paragraph (3) of this subsection that provides professional services, the identity of any client of such business or subsidiary that employs or retains a lobbyist registered under this chapter or that engages in lobbying as defined in this chapter where the total amount of fees paid or owed to such business or subsidiary by such client in the preceding calendar year exceeds $10,000.00, provided the candidate or officer has direct knowledge in writing from the client of the employment or retention of a lobbyist. This paragraph shall not

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apply to any relationship that is protected by any professional privilege including, but not limited to, the attorney-client privilege and the doctor-patient privilege;"
On the adoption of the amendment, the yeas were 46, nays 0, and the Meyer von Bremen, et al. amendment #2 to the committee substitute was adopted.
Senators Hooks of the 14th, Stephens of the 51st, Crotts of the 17th, Lee of the 29th and Meyer von Bremen of the 12th offered the following amendment #3:
Amend the Senate Ethics Committee substitute to SB 168 by striking "opinion;" on line 12 of page 7 and inserting in its place the following:
"opinion. Advisory opinions may only be requested by and shall only be issued to those person or entities, or their representatives, whose actions are regulated by the Ethics Commission;"
On the adoption of the amendment, the yeas were 48, nays 0, and the Hooks, et al. amendment #3 to the committee substitute was adopted.
Senator Thompson of the 33rd offered the following amendment #4:
Amend the Senate Ethics Committee substitute to SB 168 by striking lines 12 through 29 of page 12 which read as follows:
"'21-5-31. (a) Any person who accepts contributions for, makes contributions to, or makes expenditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candidate or his campaign committee do not require separate reporting, except that contributions from persons as defined in paragraph (14) of Code Section 21-5-3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting, and except that copies of campaign contribution disclosure reports do not have to be filed with local election superintendents as required of candidates for membership in the General Assembly pursuant to paragraph (1) of subsection (a) of Code Section 21-5-34. (b) When a contribution consists of the proceeds of a loan, advance, or other extension of credit, the campaign contribution disclosure report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship. Reserved.'"
and inserting in their place the following:

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"'21-5-31. (a) Any person who accepts contributions for, makes contributions to, or makes expenditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candidate or his campaign committee do not require separate reporting, except that contributions from persons as defined in paragraph (14) of Code Section 21-5-3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting, and except that copies of campaign contribution disclosure reports do not have to be filed with local election superintendents as required of candidates for membership in the General Assembly pursuant to paragraph (1) of subsection (a) of Code Section 21-5-34. (b) When a contribution consists of the proceeds of a loan, advance, or other extension of credit, the campaign contribution disclosure report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship.'"
On the adoption of the amendment, the yeas were 46, nays 0, and the Thompson amendment #4 to the committee substitute was adopted.
Senator Zamarripa of the 36th offered the following amendment #5:
Amend the Senate Ethics Committee substitute to SB 168 by inserting between "$20,000.00." and "As" on line 28 of page 28 the following: "The disclosure required under this paragraph shall also apply to the officers spouse, parents, or dependent child if the officer 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."
Senator Zamarripa of the 36th asked unanimous consent that his amendment #5 to the committee substitute be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Zamarripa of the 36th offered the following amendment #6:
Amend the Senate Ethics Committee substitute to SB 168 by inserting between "$20,000.00." and "As" on line 28 of page 28 the following: "The disclosure required under this paragraph shall also apply to the officers spouse or dependent child if the officer has actual knowledge of such ownership interest or

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knowledge of facts which would put a reasonable and prudent person on notice of such ownership interest."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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

N Harbison N 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
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
Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 47, nays 7, and the Zamarripa amendment #6 to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 38, 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 Harbison Y Harp Y Henson Y Hill Y Hooks

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires

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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 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 Stephens 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 53, nays 0.

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

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

3/26/03

To:

Secretary of the Senate

I intended to vote yes on the Administration's Senate Bill 168.

Thanks,

/s/ Bill Stephens

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:

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HB 526.

By Representatives Channell of the 77th, Shaw of the 143rd and Buck of the 112th:

A BILL to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to enact the "Nursing Home Provider Fee Act"; to provide for a fee to be imposed on nursing home revenues; to provide for the Department of Community Health to collect provider fees; to provide for a method for calculating a provider fee; and for other purposes.

The Calendar was resumed.

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.

The Senate Ethics Committee offered the following substitute to SB 108:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 10 of Title 45 of the Official Code of Georgia Annotated, 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 provide for definitions; to change certain provisions establishing a code of ethics for members of boards, commissions, and authorities; to change certain provisions regarding rule making; to provide for recusal in certain proceedings; to change certain provisions regarding enforcement; to provide for review and enforcement by the State Ethics Commission; 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 cumulative application of certain provisions; to provide for restrictions with respect to lobbying; to provide for restrictions with respect to nepotism; to provide for restrictions with respect to confidential information; to provide

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for restrictions with respect to gifts and honoraria; to provide for restrictions with respect to campaign contributors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to codes of ethics and conflicts of interest, is amended by striking Article 1, relating to codes of ethics, in its entirety and inserting in its place a new Article 1, relating to ethics and conflicts of interest, to read as follows:
"ARTICLE 1 Part 1
45-10-1. There is established for and within the state and for and in all governments therein a code of ethics for government service which shall read as follows:
CODE OF ETHICS FOR GOVERNMENT SERVICE Any person in government service should:
I. Put loyalty to the highest moral principles and to country above loyalty to persons, party, or government department. II. Uphold the Constitution, laws, and legal regulations of the United States and the State of Georgia and of all governments therein and never be a party to their evasion. III. Give a full days labor for a full days pay and give to the performance of his or her duties his or her earnest effort and best thought. IV. Seek to find and employ more efficient and economical ways of getting tasks accomplished. V. Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not, and never accept, for himself or herself or his or her family, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his or her governmental duties. VI. Make no private promises of any kind binding upon the duties of office, since a government employee has no private word which can be binding on public duty. VII. Engage in no business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of his or her governmental duties. VIII. Never use any information coming to him or her confidentially in the performance of governmental duties as a means for making private profit. IX. Expose corruption wherever discovered.

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X. Afford all constituents fair and equal opportunity to express their concerns and ideas regarding state programs and policies without regard to their political affiliation, sophistication, or affluence. XI. Carry out his or her duties and responsibilities without bias. XII Never engage in conduct which is unbecoming to a person in government service or which constitutes a breach of public trust. XIII. Uphold these principles, ever conscious that public office is a public trust.
45-10-2. (a) The Secretary of State is authorized and directed to have the code of ethics for government service established in Code Section 45-10-1 printed upon an appropriately designed card which would be suitable for framing and exhibiting to the public and employees of the state and all governments therein. (b) The Secretary of State is authorized and directed to have such number of said code of ethics for government service printed as, in his or her discretion, will be sufficient for distribution to the various departments, boards, bureaus, and other agencies of the state and all governments therein. (c) The Secretary of State is authorized and directed to furnish said printed code of ethics for government service to the various departments, boards, bureaus, and other agencies of the state and all governments therein without cost. (d) The expenses incurred by the Secretary of State in carrying out this Code section shall be paid from the funds appropriated to or otherwise available to the legislative branch of government.
Part 2 45-10-5. As used in this part, the term:
(1) 'Charitable organization' means any charitable organization as defined in Code Section 45-20-51. (2) 'Employee' means every person employed by the executive, legislative, or judicial branch of state government or any department, board, bureau, agency, commission, or authority thereof, including every public officer. (3) 'Family member' means an individual who is related to the public officer as husband, wife, father, mother, son, daughter, brother, sister, uncle, aunt, nephew, niece, first cousin, father-in-law, mother-in-law, son-in-law, daughter-in-law, brotherin-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister. (4) 'Gift' means anything of value exceeding $100.00 including, but not limited to, food, beverages, lodging, travel, transportation, personal services, gratuities, subscriptions, memberships, trips, loans, extensions of credit, forgiveness of debts, or advances or deposits of money. Gift shall not include a bona fide loan made by a state or federally chartered financial institution or a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation if such loan is made in the normal course of business with the expectation on the part of all parties

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that such loan shall be repaid and such loan is based on the credit worthiness of the borrower and the borrower is personally liable for the repayment of the loan. (5) 'Participant' includes, but is not limited to, an owner, shareholder, partner, employee, or agent of a business entity involved in the proceeding. (6) 'Person' means any natural person, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or other legal entity. (7) 'Public officer' means every constitutional officer, elected state official, elected or appointed executive head of every state department or agency, member of the General Assembly, and executive director and member of each state board, authority, or commission.
45-10-6. No public officer shall accept any economic opportunity under circumstances where he or she knows or should know that there is a substantial possibility that the opportunity is being afforded him or her with intent to influence his or her conduct in the performance of his or her official duties.
45-10-7. No public officer shall take any official action with regard to any matter under circumstances in which he or she knows or should know that he or she has a direct or indirect monetary interest in the subject matter of such matter or in the outcome of such official action.
45-10-8. (a) A public officer shall recuse himself or herself from any proceeding in which the public officers impartiality might reasonably be questioned due to the public officers personal or financial relationship with a participant in the proceeding. If the public officer is uncertain whether the relationship justifies recusal, then the public officer shall disclose the relationship to the person presiding over the proceeding unless another procedure is specifically provided by law. The presiding officer shall determine the extent to which, if any, the public officer will be permitted to participate. If the affected public officer is the person presiding, then the vice chairperson or such other substitute presiding officer shall make the determination. (b) The provisions of this Code section shall not be construed as repealing or
superseding any provision of law which specifically provides procedures for the recusal or disqualification of a public officer and the substitution of another for such officer or that provides additional grounds for the disqualification of a public officer.
45-10-9. On and after January 1, 2004, every public officer shall be prohibited from registering as a lobbyist or engaging in lobbying under Article 4 of Chapter 5 of Title 21, as amended, for a period of one year after leaving such office.

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45-10-10. (a) Every public officer is prohibited from advocating for or causing the advancement, appointment, employment, promotion, or transfer of a family member to an office or position that pays an annual salary of $10,000.00 or more or its equivalent. (b) Any person advanced, appointed, employed, promoted, or transferred in violation of this Code section shall not be entitled to any payment, salary, or benefits received for any position so illegally obtained; and any person who receives payment, salary, or benefits for a position obtained in violation of this Code section shall be required to reimburse the state for all amounts so received.
45-10-11. No public officer shall use confidential information gained in the course of governmental duties as a means for private benefit.
45-10-12. (a) Except as provided in subsection (c) of this Code section, no public officer or employee nor any person on such public officers or employees behalf shall accept, directly or indirectly, any gift from any person with whom the public officer or employee interacts on official state business, including, but not limited to, lobbyists within the meaning of Article 4 of Chapter 5 of Title 21, as amended. If a gift has been accepted, it must be returned to the donor or transferred to a charitable organization.
(b)(1) Except as provided in subsection (c) of this Code section, no public officer shall accept any monetary fee or honorarium for a speaking engagement, participation in a seminar, discussion panel, or other such activity; provided, however, that a parttime public officer may accept a monetary fee or honorarium if:
(A) The public officers private employment or profession requires public speaking; and (B) The speaking engagement, seminar, discussion panel, or other activity does not relate to the official duties of the public officer. (2) A part-time public officer who accepts a monetary fee or honorarium in accordance with this Code section shall file a financial disclosure statement in accordance with Code Section 21-5-50. (c)(1) For purposes of this Code section, reimbursement or payment of actual and reasonable expenses for food, beverages, travel, transportation, lodging, and registration for a meeting which is provided to a public officer or employee to permit such public officers or employeess participation in a panel or speaking engagement at the meeting shall not be considered gifts, monetary fees, or honoraria. (2) Where appropriate for purposes of tradition, ceremony, or intergovernmental relations or when acting as a representative of a department, board, bureau, agency, commission, or authority, a public officer or employee may accept a gift on behalf of such department, board, bureau, agency, commission, or authority. If the gift retains value after its acceptance, the public officer or employee must maintain custody of the gift no longer than reasonably necessary to arrange for the transfer of custody of the

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gift to the public officers or employees department, board bureau, agency, commission, or authority or to a charitable organization on behalf of such department, board, bureau, agency, commission, or authority.
45-10-13. No elected public officer or employee or agent of an elected public officer shall advocate for or cause the receipt or award of any state contract to a person who has made a campaign contribution to the elected public officer or the elected public officers campaign committee in the current or immediately preceding election cycle.
45-10-14. (a) For purposes of this Code section, the term 'commission' shall mean the State Ethics Commission, as defined in paragraph (5) of Code Section 21-5-3. (b) Any complaint alleging a violation of this part or Part 1 of Article 2 of this chapter shall be filed with the commission and shall be in writing and verified under oath to the best information, knowledge, and belief of the person making such complaint, the falsification of which shall be punishable as a false swearing under Code Section 1610-71. The person against whom any complaint is made shall be furnished or mailed a copy of the complaint by the commission upon the commissions receipt of such complaint and prior to any other public dissemination of such complaint. (c) Within 60 days following the filing of a complaint alleging a violation of this part or Part 1 of Article 2 of this chapter with the commission, the commission shall conduct a preliminary investigation into such complaint to determine whether there are reasonable grounds to believe that such a violation has occurred. If there are found no reasonable grounds to believe that a violation has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. If the commission determines that there are such reasonable grounds to believe that a violation has occurred, the commission shall conduct a hearing for purposes of receiving evidence relative to the merits of the complaint. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If the commission reaches a final decision that no violation of this part or Part 1 of Article 2 of this chapter has occurred, the complaint shall be dismissed. If the commission reaches a final decision that such a violation has occurred, the commission shall issue an order directing compliance with this part or Part 1 of Article 2 of this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation of this part or Part 1 of Article 2 of this chapter. In addition, the commission may:
(1) Order the violator to cease and desist from committing further violations; (2) Order the violator to pay a civil penalty not to exceed $10,000.00 for each violation of this part or Part 1 of Article 2 of this chapter. The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the commission. All moneys recovered pursuant to this Code section shall be deposited in the state treasury; or

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(3) Issue a recommendation to the appropriate body that the violator be removed from office or otherwise disciplined, to the extent permitted by applicable law. Any person found to have violated this part or Part 1 of Article 2 of this chapter by a final decision of the commission is entitled to judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (d) The Attorney General shall, upon complaint by the commission, or may, upon the Attorney Generals own initiative if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action in the superior court in the name of the commission for a temporary restraining order or other injunctive relief or for civil penalties assessed against any person violating this part or Part 1 of Article 2 of this chapter. Any action brought by the Attorney General to enforce civil penalties assessed against any person for violating this part or Part 1 of Article 2 of this chapter or any order issued by the commission ordering compliance or to cease and desist from further violations shall be brought in the superior court of the county of the residence of the party against whom relief is sought. Service of process shall lie in any jurisdiction within the state. In such an action, the superior court inquiry will be limited to whether notice was given by the commission to the violator in compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Upon satisfaction that notice was given and a hearing was held pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the superior court shall enforce the orders of the commission and the civil penalties assessed under this Code section and the superior court shall not make independent inquiry as to whether the violations have occurred. The judgment of the superior court, if in favor of the commission, shall provide that the defendant pay to the commission the costs, including reasonable attorneys fees, incurred by the commission in the prosecution of such an action.
45-10-15. (a) The State Ethics Commission shall have the same powers and duties with respect to this part and to Part 1 of Article 2 of this chapter as the commission has with respect to Chapter 5 of Title 21. Without limiting the generality of the foregoing, it is specifically provided that the State Ethics Commission shall have the following powers and duties with respect to this part and Part 1 of Article 2 of this chapter, such powers and duties to be exercised and construed in the same general manner provided for in Chapter 5 of Title 21:
(1) To issue subpoenas; (2) To institute and prosecute actions in the superior courts; (3) To adopt rules and regulations; (4) To prescribe forms; (5) To make investigations; (6) To report suspected violations of law; (7) To issue advisory opinions;

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(8) To issue orders directing compliance with this part or Part 1 of Article 2 of this chapter or prohibiting the violation of this part or Part 1 of Article 2 of this chapter and to impose civil penalties not to exceed $10,000.00 for each violation of this part or Part 1 of Article 2 of this chapter. (b) The Attorney General shall have the same powers and duties with respect to this part or Part 1 of Article 2 of this chapter as the Attorney General has with respect to Chapter 5 of Title 21. Without limiting the generality of the foregoing it is specifically provided that the Attorney General may bring civil actions for the enforcement of this part or Part 1 of Article 2 of this chapter in the same general manner as provided in Chapter 5 of Title 21. (c) Upon formal charges being filed with the Governor relative to a violation of this part by any public officer appointed by the Governor, the Governor or his or her designated agent shall conduct a hearing for the purpose of receiving evidence relative to the merits of such charges. The member so charged shall be given at least 30 days notice prior to such hearing. If such charges are found to be true, the Governor shall forthwith remove such member from office and the vacancy shall be filled as provided by law. Such hearing shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and judicial review of any such decision shall be in accordance with such chapter. (d) Criminal penalties and other enforcement procedures provided in this part and Part 1 of Article 2 of this chapter shall be cumulative to and not in lieu of the enforcement authority granted to the State Ethics Commission under this Code section or to the Supreme Court and the Judicial Qualifications Commission with regard to public officers subject to the jurisdiction of the Supreme Court or the Judicial Qualifications Commission; provided, however, that if the State Ethics Commission imposes a civil monetary penalty for a violation of this part or Part 1 of Article 2 of this chapter, no further civil monetary penalty may be imposed for such violation under any other provision of this part and Part 1 of Article 2 of this chapter.
45-10-16. The provisions of this part or Part 1 of Article 2 of this chapter are in addition to or cumulative of any other criminal penalties imposed by law. Notwithstanding any other provision of law to the contrary, an administrative or civil enforcement action brought pursuant to this part or Part 1 of Article 2 of this chapter shall not bar the prosecution of any violation of the criminal law of this state."
SECTION 2. This Act shall become effective on July 1, 2003.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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Senator Fort of the 39th offered the following amendment #1:

Amend the Senate Ethics Committee substitute to SB 108 (LC 29 0827S) by adding a
new line after line 33 of page 2 to read as follows: "XIV. Tell the truth at all times."

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 Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort
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
Smith,F Y Smith,P Y Squires
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 adoption of the amendment, the yeas were 51, nays 0, and the Fort amendment #1 to the committee substitute was adopted.

Senator Brown of the 26th offered the following amendment #2:

Amend the Senate Ethics Committee substitute to SB 108 by inserting between
"contributors;" and "to" on line 13 of page 1 the following: "to provide for disclosure of transactions with political subdivisions; to change the date for the filing of such disclosure statements;"

By inserting between lines 15 and 16 of page 9 the following: "SECTION 1.1.

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Said chapter is further amended by striking subsection (a) of Code Section 45-10-26, relating to yearly disclosure statements of public officials and employees concerning business transactions with the state, and inserting in its place the following:
'(a) Except as provided in subsection (b) of this Code section, any public official or employee, whether for himself or herself or on behalf of any business, or any business in which such public official or employee or any member of his or her family has a substantial interest who transacts business with the state or any agency thereof or with any political subdivision of the state shall disclose such transactions. In addition, if any business in which the children of any such public official have a substantial interest transacts business with the state or any agency or any political subdivision, such public official shall also disclose such transactions if the public official has actual knowledge of such ownership interest or knowledge of facts which put a reasonable and prudent person on notice of such ownership. Such disclosure shall be submitted prior to January 31 not before the first day of January nor later than July 1 of each year to the Secretary of State on such forms as he or she shall prescribe and shall include an itemized list of the previous years transactions with the dollar amount of each transaction reported and totaled. Such disclosure statements shall be public records. As used in this subsection, the term 'political subdivision' means the state or any local subdivision of the state or public instrumentality or public corporate body created by or under authority of state law, including, but not limited to, municipalities, counties, school districts, special taxing districts, conservation districts, authorities, and any other state or local public instrumentality or corporation which has the right to bring and defend actions or to issue its bonds or other obligations as evidence of indebtedness under any provision of law and also means any corporate or other entity which leases a public improvement to such political subdivision; and the term also means the governing body of such political subdivision and its members and officers in their official capacity.'"

On the adoption of the amendment, the yeas were 33, nays 0, and the Brown amendment #2 to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 37, 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:

Adelman Y Balfour Y Blitch Y Bowen

Y Harbison Y Harp Y Henson Y Hill

Y Seay Y Shafer Y 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 Y Fort Y Gillis Y Golden Y Hall Y Hamrick

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 Squires 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 53, nays 0.

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

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.

The Senate Judiciary Committee offered the following substitute to SB 47:

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 final decision of the Board of Pardons and Paroles in each case shall be made public; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 42-9-42 of the Official Code of Georgia Annotated, relating to the

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procedure for granting relief from sentence, conditions and prerequisites, and violation of
parole, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b) A grant of clemency, pardon, parole, or other relief from sentence shall be rendered only by a written decision which shall be signed by at least the number of board members required for the relief granted and which shall become a part of the
permanent record. Within three business days of the boards final decision, the names of the inmate and of the board members voting to parole that inmate shall be made public."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 29, 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:

Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush
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 Harp
Y Henson Y Hill
Hooks Hudgens 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 Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens
Stokes Y Tanksley
Tate Y Thomas,D
Thomas,N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 44, nays 0.

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

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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.

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

Y Harbison Y Harp Y 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
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 53, nays 0.

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

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;

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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.
The Senate Ethics Committee offered the following substitute to SB 113:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-14-3, relating to government meetings that are not required to be open to the public, by striking "and" at the end of paragraph (7); by striking the period at the end of paragraph (8) and inserting in its place "; and"; and by adding a new paragraph immediately following paragraph (8), to be designated paragraph (9) to read as follows:
"(9) Meetings when discussing any records that are exempt from public inspection or disclosure pursuant to paragraph (17) of subsection (a) of Code Section 50-18-72 or when discussing any information a record of which would be exempt from public inspection or disclosure under paragraph (17) of subsection (a) of Code Section 5018-72."
SECTION 2. Said title is further amended in subsection (a) of Code Section 50-18-72, relating to exceptions from the requirements of disclosure of public records, by striking "or" at the end of paragraph (13.1); by striking the period at the end of paragraph (14), and inserting in its place a semicolon; and by adding a new paragraph immediately following paragraph (14) to be designated paragraph (15) to read as follows:
"(15)(A) Records, the disclosure of which would compromise security against sabotage or criminal or terrorist acts, including, but not limited to, the following:
(i) Any security plan or vulnerability assessment for any public utility, building, facility, function, or activity which depends for effectiveness on whole or in part upon a lack of public knowledge of its elements;

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(ii) Any plan for protection against terrorist or other attacks, which plan depends for its effectiveness in whole or in part upon a lack of public knowledge of its elements; (iii) Any record relating to the existence, nature, location, or function of security devices or equipment designed to protect against terrorist or other attacks, which devices or equipment depend for their effectiveness in whole or in part upon a lack of public knowledge thereof; and (iv) Any plan, blueprint, or other material that would reveal information about the structure or function of a public facility or activity, which information is not already of public knowledge and which if made public could compromise security against sabotage or criminal or terroristic acts. By way of illustration and not limitation, records protected under this division may include information concerning such things as: the location and function of nonpublic points of entry to and exit from government facilities; the location and function of government facility ventilation and utility systems; the location and function of government facility computers; and the location and function of generation, processing, and transmission facilities used in water, gas, electric, and other utility systems and plants operated by any agency. (B) In the event of litigation challenging nondisclosure by an agency of a document covered by this paragraph, the court may review the documents in question in camera and may condition, in writing, any disclosure upon such measures as the court may find to be necessary to protect against endangerment of life, safety, or public property."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Senators Kemp of the 46th, Tolleson of the 18th, Hall of the 22nd, Smith of the 52nd and Zamarripa of the 36th offered the following amendment:
Amend the Senate Ethics Committee substitute to SB 113 (LC 29 0852S) by striking "(17)" from lines 15 and 17 of page 1 and inserting in lieu thereof "(15)".
By striking line 1 of page 2 and inserting in lieu thereof the following: "(i) Any security plan or vulnerability assessment for any public utility, technology infrastructure, building,".
By striking line 4 of page 2 and inserting in lieu thereof the following:

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"(ii) Any security audit or plan for protection against terrorist or other attacks, which plan depends for".

On the adoption of the amendment, the yeas were 43, nays 0, and the Kemp of the 46th, et al. amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 52, 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 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
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 by substitute.

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

Senator Jackson of the 50th asked unanimous consent that Senator Brown of the 26th be excused. The consent was granted, and Senator Brown was excused.

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1265

Senator Williams of the 19th asked unanimous consent that Senator Thomas of the 2nd be excused. The consent was granted, and Senator Thomas was excused.

The Calendar was resumed.

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.

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 E Brown Y Brush Y Bulloch Y Butler Y Cagle
Cheeks Y Clay Y Collins Y Crotts Y Dean
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
Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley N Tate Y Thomas,D Y Thomas,N E Thomas,R
Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 1.

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

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Senator Tolleson of the 18th asked unanimous consent that Senator Crotts of the 17th be excused. The consent was granted, and Senator Crotts was excused.

The Calendar was resumed.

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.

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 E Brown Y Brush Y Bulloch
Butler Y Cagle
Cheeks Y Clay Y Collins E Crotts
Dean 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
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 Y Squires Y Starr Y Stephens
Stokes Y Tanksley N Tate Y Thomas,D Y Thomas,N E Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 43, nays 1.

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

WEDNESDAY, MARCH 26, 2003

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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 companies; 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
Blitch Y Bowen E Brown Y Brush Y Bulloch
Butler Y Cagle
Cheeks Y Clay Y Collins E 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
Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N E Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

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

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

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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.

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 E Brown Y Brush Y Bulloch Y Butler
Cagle Y Cheeks Y Clay Y Collins E 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
Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes
Tanksley Tate Y Thomas,D Y Thomas,N E Thomas,R Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 0.

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

The President resumed the Chair.

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1269

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.
The Senate Judiciary Committee offered the following substitute to SB 13:
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 create the new offense of refusal to submit to chemical testing; to provide for punishment; to change certain provisions relating to the point system; to change certain provisions relating to suspension of licenses of persons under 21 years of age for certain offenses; 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 breathtesting instruments; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking (c)(1)(A) of Code section 40-5-57, relating to the suspension or revocation of license of habitually negligent or dangerous drivers and the point system, and inserting in lieu thereof the following:
(c)(1)(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule:
Aggressive driving........................................................................................ 6 points
Reckless driving............................................................................................ 4 points

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Unlawful passing of a school bus ................................................................. 6 points
Improper passing on a hill or a curve ........................................................... 4 points
Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour .......................................................................................... 2 points
Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour ............................................................................................... 3 points
Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour ............................................................................................... 4 points
Exceeding the speed limit by 34 miles per hour or more ............................. 6 points
Disobedience of any traffic-control device or traffic officer........................ 3 points
Too fast for conditions.................................................................................. 0 points
Possessing an open container of an alcoholic beverage while driving......... 2 points
Refusal to submit to chemical testing in violation of Code Section 40-6391.4, first offense ........................................................................................ 2 points
Refusal to submit to chemical testing in violation of Code Section 40-6391.4, second or subsequent offense ............................................................ 4 points
Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident ............. 2 points
Violation of child safety restraint requirements, first offense ...................... 1 point

Violation of child safety restraint requirements, second or subsequent offense........................................................................................................... 2 points
All other moving traffic violations which are not speed limit violations ..... 3 points"
SECTION 2. Said title is further amended by striking subsection (a) of Code Section 40-5-57.1, relating to suspension of licenses of persons under age 21 for certain offenses, and inserting in lieu thereof the following:
"(a) Notwithstanding any other provision of this chapter, the drivers license of any person under 21 years of age convicted of hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a

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motor vehicle in fleeing or attempting to elude an officer, reckless driving, refusal to submit to chemical testing in violation of Code Section 40-6-391.4, any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57, purchasing an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23, or violation of paragraph (3) or (5) of subsection (a) of Code Section 3-3-23, or violation of Code Section 40-6-391 shall be suspended by the department as provided by this Code section; and the drivers license of any person under 18 years of age who has accumulated a violation point count of four or more points under Code Section 40-5-57 in any consecutive 12 month period shall be suspended by the department as provided by this Code section. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of suspension shall be given by certified mail or statutory overnight delivery, return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. Such license shall be surrendered within ten days of notification of such suspension. Notice given by certified mail or statutory overnight delivery, return receipt requested, mailed to the persons last known address shall be prima-facie evidence that such person received the required notice."
SECTION 3. Said title is further amended by striking subsection (b) of Code Section 40-5-67.1, 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, and inserting in lieu thereof the following:
"(b) At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent notice from the following:
(1) Implied consent notice for suspects under age 21: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia drivers license or privilege to drive on the highways of this state will be suspended for a minimum period of one year, and you may be charged with the separate offense of refusal to submit to chemical testing. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more, your Georgia drivers license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'
(2) Implied consent notice for suspects age 21 or over:

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'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia drivers license or privilege to drive on the highways of this state will be suspended for a minimum period of one year, and you may be charged with the separate offense of refusal to submit to chemical testing. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia drivers license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?' (3) Implied consent notice for commercial motor vehicle driver suspects: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year, and you may be charged with the separate offense of refusal to submit to chemical testing. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?' If any such this notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such the person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 40-6-392 and the results of any chemical test, or the refusal to submit to a test, shall be admitted into evidence against such the person. Such This notice shall be read in its entirety but need not be read exactly so long as the substance of the notice remains unchanged."
SECTION 4. Said title is further amended by adding a new Code section to follow Code Section 40-6391.3, relating to the penalty for conviction for driving under the influence of alcohol or drugs while driving a school bus, to read as follows:
"40-6-391.4.

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(a) Any person who refuses to submit to lawfully requested chemical testing to which the person is deemed by Code Section 40-5-55 to have given consent shall be guilty of the separate offense of refusal to submit to chemical testing and upon conviction thereof shall be punished as provided by subsection (c) of this Code section. (b) The offense of refusal to submit to chemical testing shall be merged for purposes of sentencing with a violation of any provision of Code Section 40-6-391 that arose out of the same course of conduct. (c) Every person convicted of violating this Code section shall be, upon a first or second conviction thereof, guilty of a misdemeanor and shall be, upon a third or subsequent conviction thereof, guilty of a misdemeanor of a high and aggravated nature and shall be punished as follows:
(1) For the first conviction a fine of not more than $300.00 and a period of imprisonment of not more than three months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated; (2) For the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (d) of this Code section, be subject to suspension, stay, or probation; (B) A mandatory period of imprisonment of not less than 90 days nor more than 12 months; provided, however, that the offender shall be required to serve not less than 72 hours of actual incarceration; and (C) Not less than 30 days of community service; or (3) For the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (d) of this Code section, be subject to suspension, stay, or probation; (B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months; provided, however, that the offender shall be required to serve not less than 15 days of actual incarceration; and (C) Not less than 30 days of community service. (4) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere or an adjudication of delinquency based on a violation of this Code section shall constitute a conviction. (d) If the payment of the fine required under subsection (c) of this Code section will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay the fine in installments and this order may be enforced

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through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section."
SECTION 5. Said title is further amended in Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood, by striking paragraphs (3) and (4) of subsection (a) and subsection (d), and inserting in their respective places the following:
"(3) The person tested may have a physician or a qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer; and (4) Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his the person or the persons attorney. The arresting officer at the time of arrest shall advise the person arrested of his or her rights to a chemical test or tests according to this Code section." "(d) In any criminal trial, the refusal of the defendant to permit a chemical analysis to be made of his or her blood, breath, urine, or other bodily substance at the time of his or her arrest shall be admissible in evidence against him or her, and the trier of fact may in its discretion infer from the refusal that the person was unlawfully under the influence of alcohol, drugs, or other intoxicating substances or had an unlawful alcohol concentration as prohibited by Code Section 40-6-391."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Senators Stokes of the 43rd, Meyer von Bremen of the 12th and Adelman of the 42nd offered the following amendment:
Amend the Senate Judiciary Committee substitute to SB 13 by inserting on line 8 of page 1 immediately following the word and symbol "blood;" the following:
"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 delete an obsolete reference relating to issuance of temporary driving permits; to clarify 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 suspension of licenses by operation of law; to change certain provisions relating to consumption of alcoholic beverages or possession of open containers of alcoholic beverages in passenger areas of motor

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vehicles; 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 change certain provisions relating to motor vehicle drivers fleeing or attempting to elude police officers;".
By redesignating Section 3 as Section 6, Sections 4 and 5 as Sections 12 and 13, and Section 6 as Section 16, respectively.
By inserting between lines 4 and 5 of page 3 new Sections 3, 4, and 5 to read as follows:
"SECTION 3. Said title is further amended by striking the introductory paragraph and paragraph (1) of subsection (a) of Code Section 40-5-63, relating to periods of suspension and conditions to return of license, and inserting in lieu thereof the following:
'(a) The drivers license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391, unless the drivers license has been previously suspended pursuant to Code Sections 40-5-67.1 and except as otherwise provided by Code Section 40-5-57.1 or subsection (b) of Code Section 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions; provided, however, that any person convicted of a drug related offense pursuant to Code Section 40-6-391 shall be governed by the suspension requirements of Code Section 40-5-75:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the department for reinstatement of said drivers license; except that in the case of such conviction for an offense under paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391, the person shall not be eligible to apply for reinstatement of his or her drivers license until the end of 180 days. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Motor Vehicle Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A drivers license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until

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such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 21 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered a conviction, and the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the department and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;'
SECTION 4. Said title is further amended in subsection (a) of Code Section 40-5-64, relating to limited driving permits for certain offenders, by inserting a new paragraph (1.1) to read as follows:
'(1.1) Any person whose drivers license has been suspended in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for conviction of an offense under paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 shall not be eligible for a limited driving permit under paragraph (1) of this subsection.'
SECTION 5. Said title is further amended by striking subsection (b) of Code Section 40-5-67, relating to seizure and disposition of drivers licenses of persons charged with driving under the influence, issuance of temporary driving permits, and disposition of cases, and inserting in their respective places the following:
'(b) At the time the law enforcement officer takes the drivers license, the officer shall issue a temporary driving permit to the person as follows:
(1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 30 day temporary driving permit; or (2) If the drivers license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 30 day temporary driving permit; or
(3) If the test or tests administered pursuant to Code Section 40-5-55 indicate an alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 40-5-67.1, the officer shall issue a 180 day temporary driving permit. This temporary driving permit shall be valid for the stated period or until the persons driving privilege is suspended or revoked under any provision of this title. The

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department, at its sole discretion, may delay the expiration date of the temporary
driving permit, but in no event shall this delay extend beyond the date when such
persons driving privilege is suspended or revoked under any provision of this title. The
department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed.'".

By inserting between lines 28 and 29 of page 4 new Sections 7, 8, 9, 10, and 11 to read as

follows:

"SECTION 7.

Said title is further amended by striking paragraph (1) of subsection (f) of Code Section

40-5-67.1, 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, and inserting in

lieu thereof the following:

'(f)(1) The law enforcement officer, acting on behalf of the department, shall

personally serve the notice of intention to suspend or disqualify the license of the

arrested person or other person refusing such test on such person at the time of the

persons refusal to submit to a test or at the time at which such a test indicates that

suspension or disqualification is required under this Code section. The law

enforcement officer shall take possession of any drivers license or permit held by any

person whose license is subject to suspension pursuant to subsection (c) or (d) of this

Code section, if any, and shall issue a 30 day temporary permit. The officer shall

forward the persons drivers license to the department along with the notice of intent

to suspend or disqualify and the sworn report required by subsection (c) or (d) of this

Code section within ten calendar days after the date of the arrest of such person. This

paragraph shall not apply to any person issued a 180 day temporary permit pursuant to

subsection (b) of Code Section 40-5-67. The failure of the officer to transmit the

sworn report required by this Code section within ten calendar days shall not prevent

the department from accepting such report and utilizing it in the suspension of a

drivers license as provided in this Code section.'

SECTION 8. Said title is further amended by striking paragraphs (2) and (4) of subsection (g) of Code Section 40-5-67.1, 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, and inserting in their respective places the following:
'(2) The scope of the hearing shall be limited to the following issues: (A)(i) Whether the law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391; or

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(B)(ii) Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality; and (C)(B) Whether at the time of the request for the test or tests the officer informed the person of the persons implied consent rights and the consequence of submitting or refusing to submit to such test; and (D)(C)(i) Whether the person refused the test; or
(E)(ii)(I) Whether a test or tests were administered and the results indicated an alcohol concentration of 0.08 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, an alcohol concentration of 0.04 grams or more; and (F)(II) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operators permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph subdivision.' '(4)(A) In the event the person is acquitted of a violation of Code Section 40-6-391 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated and deleted from the drivers license record. (B) An accepted plea of nolo contendere shall be entered on the drivers license record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 40-6-391. (C) In the event of an acquittal or other disposition other than by a conviction or plea of nolo contendere, the drivers license restoration fee shall be promptly returned by the department to the licensee.'
SECTION 9. Said title is further amended by striking the introductory paragraph of subsection (a) and subsection (b) of Code Section 40-5-75, relating to suspension of licenses by operation of law, and inserting in their respective places the following:
'(a) The drivers license of any person convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such a substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33;

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paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391;, or the law of any other jurisdiction shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:' '(b) Whenever a person is convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391;, or the law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any drivers license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of such persons conviction for the offense resulting in such suspension; provided, however, that, effective July 1, 1994, if, at the time of conviction of any offense listed in subsection (a) of this Code section, the person does not have a drivers license or the persons drivers license has been previously suspended, the periods of suspension specified by this Code section shall not commence until the person applies for the issuance or reinstatement of a drivers license.'
SECTION 10. Said title is further amended in Code Section 40-6-253, relating to consumption of alcoholic beverages or possession of open containers of alcoholic beverages in passenger areas of motor vehicles, by redesignating subsection (c) as subsection (d) and inserting a new subsection (c) to read as follows:
'(c) In any prosecution for violation of this Code section: (1) Retail labeling of the container which identifies the contents of such container as any alcoholic beverage; or (2) Testimony of a law enforcement officer that, based on his or her experience and senses, the contents of the container possessed the same odor, color, and general appearance or the same taste, color, and general appearance as any alcoholic beverage,
shall be admissible as evidence that the contents of such container was an alcoholic beverage.'
SECTION 11. Said title is further amended in Code Section 40-6-391, 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, by striking subsections (a), (b), and (e), and inserting in their respective places the following:
'(a) A person shall not drive or be in actual physical control of any moving vehicle while:

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(1) Under the influence of alcohol to the extent that it is less safe for the person to drive; (2) Under the influence of any drug to the extent that it is less safe for the person to drive; (3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive; (4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive; (5) The persons alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or (6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the persons blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the persons breath or blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use. (6) There is any amount of any Schedule I controlled substance listed in paragraphs (3) through (6) of Code Section 16-13-25, marijuana, cocaine, or any metabolite or derivative of any of them present in the persons blood, urine, or both, without regard to whether or not any alcohol is present in the persons breath or blood. (b) Reserved.' '(e) The foregoing limitations on punishment imposed by subsection (c) of this Code section also shall apply when a defendant has been convicted of violating, by a single transaction, more than one of the four provisions of subsection (a) of this Code section.'".

By inserting between lines 27 and 28 of page 6 new Sections 14 and 15 to read as

follows:

"SECTION 14.

Said title is further amended in Code Section 40-6-392, relating to chemical tests for

alcohol or drugs in blood, by striking subparagraph (a)(1)(B) and inserting in lieu thereof

the following:

'(B) In all cases where the arrest is made on or after January 1, 1995, and the state

selects breath testing, two sequential breath samples shall be requested for the

testing of alcohol concentration. For either or both of these sequential samples to be

admissible in the states or plaintiffs case-in-chief, the readings shall not differ

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from each other by an alcohol concentration of greater than 0.020 grams and the lower of the two results shall be determinative for accusation and indictment purposes and administrative license suspension purposes. No more than two sequential series of a total of two adequate breath samples each shall be requested by the state; provided, however, that after an initial test in which the instrument indicates an adequate breath sample was given for analysis, any subsequent refusal to give additional breath samples shall not be construed as a refusal for purposes of suspension of a drivers license under Code Sections 40-5-55 and 40-5-67.1. Notwithstanding the above, a refusal or failure to give an adequate sample or samples on any subsequent breath, blood, urine, or other bodily substance test shall not affect the admissibility of the results of any prior samples. An adequate breath sample shall mean a breath sample sufficient to cause the breath-testing instrument to produce a printed alcohol concentration analysis.'
SECTION 15. Said title is further amended in Code Section 40-6-395, relating to motor vehicle drivers fleeing or attempting to elude police officers, by striking subsections (a) and (b) and inserting in lieu thereof the following:
'(a) It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his or her badge of office, and his or her vehicle shall be appropriately marked showing it to be an official police vehicle.
(b)(1) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a high and aggravated misdemeanor and:
(A) Upon conviction shall be fined not less than $500.00 nor more than $5,000.00, which fine shall not be subject to suspension, stay, or probation and imprisoned for not less than ten days nor more than 12 months. Any period of such imprisonment in excess of ten days may, in the sole discretion of the judge, be suspended, stayed, or probated; (B) Upon the second conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $1,000.00 nor more than $5,000.00, which fine shall not be subject to suspension, stay, or probation and imprisoned for not less than 30 days nor more than 12 months. Any period of such imprisonment in excess of 30 days may, in the sole discretion of the judge, be suspended, stayed, or probated; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such ten-year period shall constitute convictions; and (C) Upon the third or subsequent conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained to

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the date of the current arrest for which a conviction is obtained, shall be fined not less than $2,500.00 nor more than $5,000.00, which fine shall not be subject to suspension, stay, or probation and imprisoned for not less than 90 days nor more than 12 months. Any period of such imprisonment in excess of 90 days may, in the sole discretion of the judge, be suspended, stayed, or probated; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such ten-year period shall constitute convictions. (2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (3) If the payment of the fine required under paragraph (1) of this subsection will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this subsection. (4) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this subsection upon a conviction of violating this subsection or upon conviction of violating any ordinance adopting the provisions of this subsection.
(5)(A)(i) Any person violating the provisions of subsection (a) of this Code section who, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for a felony offense other than a violation of this chapter, operates his or her vehicle in excess of 30 miles an hour above the posted speed limit, strikes or collides with another vehicle or a pedestrian, flees in traffic conditions which place the general public at risk of receiving serious injuries, or leaves the state shall be guilty of a felony punishable by a fine of $5,000.00 and imprisonment for not less than one year nor more than five years. (ii) Any person violating the provisions of subsection (a) of this Code section while driving a motor vehicle in violation of Code Section 40-6-391 shall be guilty of a felony punishable by a fine of $5,000.00 and imprisonment for not less than one year nor more than five years. (B) Following adjudication of guilt or imposition of sentence for a violation of subparagraph (A) of this paragraph, the sentence shall not be suspended, probated, deferred, or withheld, and the charge shall not be reduced to a lesser offense, merged with any other offense, or served concurrently with any other offense.'".

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 Harbison Y Harp Y Henson Y Hill

Y Seay Y Shafer Y Smith,F Y Smith,P

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1283

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

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

On the adoption of the amendment, the yeas were 47, nays 4, and the Stokes, et al. amendment to the committee substitute was adopted.

Pursuant to Senate Rule 143, action on SB 13 was suspended, and SB 13 was placed on the Senate General Calendar.

Senator Butler of the 55th asked unanimous consent that Senator Squires of the 5th be excused. The consent was granted, and Senator Squires was excused.

The Calendar was resumed.

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

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
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 Y Thomas,N E Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

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

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 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.

Senators Jackson of the 50th and Price of the 56th offered the following amendment:

Amend SB 81 by striking lines 3 and 4 of page 2 and inserting in lieu thereof the
following: "Directors Association of Georgia; one member from the Georgia Hospital Association;
one member from the Georgia Alliance of Community Hospitals; one member from the

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Georgia Chapter of the Emergency Room Physicians Association; one member of the
Georgia Chapter of the American Academy of Pediatrics; two members at large; and one member from each of the states emergency medical services regions."

On the adoption of the amendment, the yeas were 36, nays 1, and the Jackson, Price amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, 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

Harbison Y Harp Y 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 Y Price
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 E Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams
Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

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

Senator Johnson of the 1st asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused.

The Calendar was resumed.

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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.

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
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
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 E Thomas,R Y Thompson Y Tolleson E 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.

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

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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.

The Senate Judiciary Committee offered the following substitute to SB 80:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by striking subsection (c) of Code Section 15-11-28, relating to jurisdiction of juvenile court, and inserting in lieu thereof the following:
"(c) Concurrent custody and support jurisdiction. (1) Where custody is the subject of controversy, except in those cases where the law gives the superior courts exclusive jurisdiction, in the consideration of these cases the juvenile court shall have concurrent jurisdiction to hear and determine the issue of custody and support when the issue is transferred by proper order of the superior court. (2)(A) In any case where a child is alleged to be deprived as defined in paragraph (8) of Code Section 15-11-2, the juvenile court, upon a finding of deprivation, shall have jurisdiction to order temporary child support for the child which shall be paid by the person or persons determined to be legally obligated to support the child. Where there is an existing child support order from a superior court or other court of competent jurisdiction that establishes child support for the child, the juvenile court may order the person or persons obligated to pay child support to make payments to the caretaker of the child on a temporary basis but may not otherwise modify the terms of the existing child support order. A copy of the juvenile courts order shall be filed in the clerk of courts office for the court that entered the order establishing the child support. The juvenile court shall have jurisdiction to order temporary child support for the child to be paid by any other person determined to be legally

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obligated to support the child. In determining the amount of the temporary child support, the juvenile court shall apply the child support guidelines as set forth in Code Section 19-6-15. (B) Temporary child support orders which are issued pursuant to subparagraph (A) of this paragraph shall be enforceable by the juvenile court through the contempt powers of the juvenile court, as provided in Code Section 15-11-5, for the period of time that the juvenile court is entitled to exercise jurisdiction over the deprivation case."
SECTION 2. Said part is further amended by striking subsection (b) of Code Section 15-11-30.1, relating to appointment of guardian and transfer of custody and child support questions from superior court, and inserting in lieu thereof the following:
"(b) Courts of record, in handling divorce, alimony, or habeas corpus cases involving the custody of a child or children, or other cases involving the custody of a child or children, may transfer the question of the determination of custody, support, or both custody and support to the juvenile court for investigation and a report back to the superior court or for investigation and determination. If the referral is for investigation and determination, then the juvenile court shall proceed to handle the matter in the same manner as though the action originated under this article in compliance with the order of the superior court. At any time prior to the determination of such question or questions, the juvenile court may transfer the jurisdiction of the question back to the referring superior court."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, 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 Harbison Harp
Y 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
Stokes Y Tanksley Y Tate

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Y Clay Y Collins Y Crotts Y Dean
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
Reed Y Seabaugh

Y Thomas,D Y Thomas,N E Thomas,R Y Thompson Y Tolleson E Unterman
Williams Y 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 communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

Please record my vote of yes on SB 80.

/s/ Seth Harp

The Calendar was resumed.

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.

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 Harbison Y Harp

Y Seay Y Shafer

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

Y 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 Y Price
Reed Y Seabaugh

Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson E 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.

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.

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 Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens

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1291

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

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 Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson E 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 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.

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

Amend SB 183 by striking lines 34 and 35 of page 2.

By striking line 36 of page 2 through line 22 of page 4 and inserting in lieu thereof the following:
"(F) Babesiosis (in livestock, any species); (G) Bluetongue; (H) Borna Disease; (I) Bovine Spongiform Encephalopathy; (J) Brucellosis (Brucella. abortus, B. ovis, B. suis B. mellitensis); (K) Camel Pox Virus; (L) Caseous Lymphadenitis (Corynebacterium pseudotuberculosis);

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(M) Chronic Wasting Disease; (N) Clostridium perfringens Epsilon Toxin; (O) Coccidioidomycosis (Coccidioides immitis); (P) Contagious Agalactia (Mycoplasma agalactiae, M. capricolum capricolum, M. putrefaciens, M. mycoides mycoides, M. mycoides mycoides LC); (Q) Contagious Caprine Pleuropneumonia (Mycoplasma capricolum apripneumoniae); (R) Contagious Equine Metritis (Taylorella equigenitalis); (S) Dourine (Trypanosoma equiperdum); (T) Enterovirus Encephalomyelitis (porcine); (U) Ephemeral Fever; (V) Epizootic Lymphangitis (Histoplasma farciminosum); (W) Equine Encephalomyelitis (Eastern, Western, Venezuelan, West Nile Virus); (X) Equine Infectious Anemia (EIA); (Y) Equine Morbillivirus (Hendra virus); (Z) Equine Piroplasmosis (Babesiosis, Babesia (Piroplasma) equi, B. caballi); (AA) Equine Rhinopneumonitis (Type 1 and 4); (BB) Equine Viral Arteritis; (CC) Feline Spongiform Encephalopathy; (DD) Glanders (Burkholderia [Pseudomonas] mallei); (EE) Hemorrhagic Septicemia (Pasteurella multocida); (FF) Japanese Encephalitis Virus; (GG) Ibaraki; (HH) Infectious Laryngotracheitis (other than vaccine induced); (II) Infectious Petechial Fever (Ehrlichia ondiri); (JJ) Louping Ill (Ovine encephalomyelitis); (KK) Maedi-Visna/Ovine Progressive Pneumonia; (LL) Malignant Catarrhal Fever (Bovine Malignant Catarrh) (AHV-1, OHV-2); (MM) Mange (in livestock)(Sarcoptes scabiei var bovis and ovis, Psoroptes ovis, Chorioptes bovis, Psorergates bos and ovis); (NN) Menangle virus; (OO) Melioidosis (Burkholderia [Pseudomonas] pseudomallei); (PP) Nairobi Sheep Disease; (QQ) Paratuberculosis (Mycobacterium avium paratuberculosis); (RR) Perkinsosis (Perkinsus marinus and P. olseni); (SS) Pullorum Disease (Salmonella pullorum); (TT) Q Fever (Coxiella burnetti); (UU) Rabbit Hemorrhagic Disease (Calicivirus disease); (VV) Rabies; (WW) Ricin Toxicosis (toxin from Ricinis communis); (XX) Salmonella enteritidis; (YY) Salmonellosis in equine (Salmonella typhimurium, S. agona, S. anatum, etc.); (ZZ) Scrapie;

WEDNESDAY, MARCH 26, 2003

1293

(AAA) Shigatoxin; (BBB) Staphylococcal Enterotoxins; (CCC) Sweating Sickness; (DDD) T-2 Toxin; (EEE) Theileriosis (Theileria annulata, T. parva); (FFF) Transmissible Mink Encephalopathy; (GGG) Transmissible Spongiform Encephalopathies (all types); (HHH) Trypanosomiasis (Trypanosoma congolense, T. vivax, T.brucei brucei, T. evansi); (III) Tuberculosis (Mycobacterium. bovis, M. tuberculosis); (JJJ) Tularemia (Francisella tularensis); (KKK) Ulcerative Lymphangitis (Corynebacterium pseudotuberculosis); or (LLL) Wesselsbron Disease."
On the adoption of the amendment, the yeas were 33, nays 0, and the committee amendment was adopted.
Senators Harp of the 16th and Bulloch of the 11th offered the following amendment:
Amend SB 183 by striking lines 20 and 21 on page 5 and inserting in lieu thereof the following:
"(c)(g) Any person violating any provision of this Code section shall be guilty of a misdemeanor who knowingly and willingly makes a false, fictitious, or fraudulent report in any matter within the jurisdiction of the state veterinarian or the department under this Code section shall be subject to the provisions of Code Section 16-10-20.".

On the adoption of the amendment, the yeas were 37, nays 0, and the Harp, Bulloch amendment was adopted.

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:

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

Y Harbison Y Harp
Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson

Y Seay Y Shafer Y 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 Y Fort Y Gillis Y 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
Thompson Y Tolleson E 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 as amended.

Senator Tanksley of the 32nd asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

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.

The Calendar was resumed.

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 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.

The Senate Judiciary Committee offered the following amendment:

Amend SB 45 by striking line 13 of page 1 and inserting in lieu thereof the following:
"clerk for an offense not affecting his the persons life may enter a demand for trial at the court term at".

By striking line 15 of page 1 and inserting in lieu thereof the following:

WEDNESDAY, MARCH 26, 2003

1295

"thereafter; or, by special permission of the court, he or she may at any subsequent court term".

By striking line 23 of page 1 and inserting in lieu thereof the following:
"qualified to try him the person, he the person shall be absolutely discharged and acquitted of the offense charged".

By striking the double quotation marks at the end of line 8 of page 2.

By inserting between lines 8 and 9 of page 2 the following: "(e) If the case in which a demand for trial has been filed as provided in this Code
section results in a mistrial, the case shall be tried at the next succeeding regular term of court.'".

Senator Clay of the 37th offered the following amendment:

Amend the Senate Judiciary Committee amendment to SB 45 by striking all the quotation
marks and the period at the end of line 14 of page 1 and inserting on the following line: "(f) If a demand for trial is filed in a case wherein a law enforcement officer is a
material witness, and the law enforcement officer is called for ordered military duty, as
defined in Code Section 38-2-279, the demand for trial shall be tolled during the period of time that the law enforcement officer is unavailable.'".

On the adoption of the amendment, the yeas were 43, nays 0, and the Clay amendment to the committee amendment was adopted.

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

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:

Y Adelman Y Balfour Y 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 Y Johnson

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

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Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y 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 E Thompson Y Tolleson E 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 as amended.

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.

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
Crotts

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 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

WEDNESDAY, MARCH 26, 2003

1297

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

E 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 Collins of the 6th asked unanimous consent that SB 201 be dropped to the foot of the calendar for today. The consent was granted and SB 201 was placed at the foot of the Senate Rules Calendar for today.

Senator Johnson of the 1st assumed the Chair.

SB 255. By Senators Kemp of the 46th, Clay of the 37th, Hill of the 4th, Golden of the 8th and Hudgens of the 47th:

A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to public officials and employees doing business with the state, so as to provide a limited exception to the general prohibition against doing business with the state for certain employees of the University System of Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Higher Education Committee offered the following substitute to SB 255:

A BILL TO BE ENTITLED AN ACT

To amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to public officials and employees doing business with the state, so as to provide a limited exception to the general prohibition against doing business with the state for certain employees of the University System of Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to public officials and employees doing business with the state, is amended by adding a new Code Section 45-10-24.1 to read as follows:
"45-10-24.1. Subsection (a) of Code Section 45-10-23 and paragraph (2) of subsection (a) of Code Section 45-10-24 shall not apply to a transaction with a unit of the University System of Georgia by a family owned business in which an employee of the university system or a member of the employees family has an ownership interest where all of the following apply:
(1) The employee or one or more members of the employees family or both have an ownership interest in a family owned business, but the employee is not actively engaged in the day-to-day management of the business; (2) The employee is employed by a department of the unit of the university system in a position below that of department head; and (3) The transaction is:
(A) With a unit of the university system different than the unit employing the employee; or (B) With a department of the employing unit of the university system different than the department employing the employee."

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.

On the adoption of the substitute, the yeas were 35, 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
Brown Y Brush Y Bulloch Y Butler Y Cagle

Y Harbison Y Harp N Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson (PRS) Y Kemp,B

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

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1299

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
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
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 by substitute.

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.

The Calendar was resumed.

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.

The Senate Education Committee offered the following amendment:

Amend Senate Bill 178 by striking lines 17 and 18 of page 1.

By striking "(3)" on line 19 of page 1 and inserting in lieu thereof the following: "(2)".

By striking "(4)" on line 21 and inserting in lieu thereof the following: "(3)".

By striking line 23 of page 1 and inserting in lieu thereof the following: "shall receive not less than a 10 percent rate increase annually in state salary for each year such person holds national certification. Such increase shall be".

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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 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 Y Levetan E 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 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 as amended.

Senator Price of the 56th moved that the Senate adjourn until 9:00 a.m., tomorrow.

The motion prevailed, and Senator Johnson of the 1st, President Pro Tempore, announced the Senate adjourned at 3:26 p.m.

THURSDAY, MARCH 27, 2003

1301

Senate Chamber, Atlanta, Georgia Thursday, March 27, 2003 Thirtieth Legislative Day

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

Senator Johnson of the 1st 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 147.

By Representatives Ray of the 108th, Royal of the 140th, Black of the 144th and James of the 114th:

A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the Board of Community Health to contract with any agricultural commodity commission created pursuant to Chapter 8 of Title 2 of the Official Code of Georgia Annotated to provide for the inclusion in such plan of any such commission's employees and retiring employees and their spouses and dependents; and for other purposes.

HB 217.

By Representatives Burkhalter of the 36th, Parham of the 94th, Powell of the 23rd and Drenner of the 57th:

A BILL to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to require the use of certain child passenger restraints in motor vehicles; to change certain provisions relating to safety belts required as equipment and safety restraints for children four years of age or younger; and for other purposes.

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HB 385.
HB 422. HB 502. HB 504.

By Representatives Ashe of the 42nd, Post 2, Ehrhart of the 28th, Shaw of the 143rd, Oliver of the 56th, Post 2, Jackson of the 124th, Post 1 and others:
A BILL to amend Chapter 5 of Title 18 of the Official Code of Georgia Annotated, relating to debt adjustment, so as to limit the maximum charge that may be imposed for the provision of debt adjustment services; to provide for exemptions from those provisions related to debt adjustment; to require persons engaged in the business of debt adjustment to obtain an annual audit of all accounts and to maintain a certain amount and type of insurance coverage; to provide for the disbursement of a debtor's funds within 30 days of receipt; and for other purposes.
By Representatives Richardson of the 26th, O`Neal of the 117th, Royal of the 140th, Parrish of the 102nd and Stephens of the 123rd:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to certain business enterprises creating certain full-time employee jobs; and for other purposes.
By Representatives Bordeaux of the 125th, Campbell of the 39th and Benfield of the 56th, Post 1:
A BILL to amend Code Section 15-11-18 of the Official Code of Georgia Annotated, relating to creation of juvenile courts and provisions relative to juvenile court judges, so as to provide for salary adjustments for full- time and part-time juvenile court judges who are paid with state funds; and for other purposes.
By Representatives Royal of the 140th, Buck of the 112th, Parham of the 94th, Borders of the 142nd, Floyd of the 132nd and others:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding definitions; to change certain provisions regarding exemptions with respect to motor fuels; to change certain provisions regarding dealers' sales and use tax returns; to provide for prepayment of certain taxes with respect to motor fuels; and for other purposes.

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HB 517. HB 596. HB 693. HB 707. HB 710. HB 713.

By Representatives Porter of the 119th, Powell of the 23rd and Harbin of the 80th:
A BILL to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, "The Retail Installment and Home Solicitation Sales Act," so as to change provisions relating to late fees and dishonor fees which may be charged in retail installment contracts and revolving accounts; and for other purposes.
By Representative Parham of the 94th:
A BILL to amend Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Oconee River Greenway Authority, so as to change certain provisions relating to definitions; to change certain provisions relating to creation, membership, compensation, qualifications, accountabilities, and assignment of the authority; and for other purposes.
By Representatives Manning of the 32nd, Parsons of the 29th, Hines of the 35th, Franklin of the 17th, Dollar of the 31st and others:
A BILL to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city; and for other purposes.
By Representative McCall of the 78th:
A BILL to provide that future elections for the office of probate judge of Elbert County shall be nonpartisan elections; and for other purposes.
By Representatives Mosley of the 129th, Post 1, Smith of the 129th, Post 2 and DeLoach of the 127th:
A BILL to amend an Act providing for the election of the Board of Education of Long County, so as to change the compensation of the members of such board; and for other purposes.
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 of Evans County and for the election of the members of said

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HB 730. HB 734.

board, so as to provide for the nonpartisan election of the members of said board; and for other purposes.
By Representatives Sheldon of the 71st, Post 2 and Walker of the 71st, Post 1:
A BILL to amend an Act creating a charter for the City of Dacula, so as to change certain provisions regarding a quorum and voting; to change certain provisions relating to emergencies; to change certain provisions regarding powers and duties of the mayor; and for other purposes.
By Representative Douglas of the 73rd:
A BILL to provide a new charter for the Town of Newborn; and for other purposes.

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

HR 266. By Representative Houston of the 139th:

A RESOLUTION ratifying the change of regional development center boundaries established by the Board of Community Affairs; and for other purposes.

HR 545.

By Representatives Coleman of the 118th, Skipper of the 116th, Day of the 126th, Smyre of the 111th, Buck of the 112th and others:

A RESOLUTION inviting former President and Nobel Laureate Jimmy Carter to address a joint session of the House of Representatives and the Senate; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:
SB 331. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to limit the authority of the Powder Springs Downtown Development Authority to levy taxes on real property; to provide that such authority shall not have the power to levy taxes on owner occupied

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residential property; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 332. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Hart County and for the office of chief magistrate of Hart County shall be nonpartisan elections held at the time of certain November general elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; 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 333. By Senators Thomas of the 54th, Lee of the 29th, Price of the 56th, Mullis of the 53rd, Kemp of the 46th and others:
A BILL to be entitled an Act to amend Chapter 35 of Title 31 of the Official Code of Georgia Annotated, relating to vaccinations for firefighters, emergency medical technicians, and public safety officers, so as to provide for a vaccination program for emergency responders who may be exposed to infectious diseases when deployed to a disaster location; to provide for definitions of certain terms; to provide for application for federal funding and implementation of a vaccination program contingent upon such funding; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 334. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals on the state highway system, so as to repeal certain provisions relating to the Roadside Enhancement and Beautification Council and its membership, purpose, and compensation; to change certain provisions relating to the Roadside Enhancement and Beautification Fund and dedication of certain revenues; to repeal certain provisions relating to applications for tree trimming permits and annual renewals, forms, application fees, evaluations, and criteria for trimming trees or vegetation; to change certain provisions relating to

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promulgation of rules and regulations by the Department of Transportation; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.

SB 335. By Senators Lee of the 29th, Jackson of the 50th, Shafer of the 48th and Clay of the 37th:
A BILL to be entitled an Act to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court and litigation costs in civil actions, so as to provide for attorneys fees and expenses of litigation to the prevailing party in civil cases; to provide standards for awarding and declining to award fees and expenses; to revise current positions relating to award of fees and expenses for unjustified claims or positions; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 336. By Senators Thomas of the 54th, Price of the 56th, Thomas of the 10th, Mullis of the 53rd, Moody of the 27th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide immunity for certain hospitals, their agents or employees, health care providers, health care workers, and certain other persons participating in the federal smallpox vaccination and treatment program; to provide for legislative findings; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 337. By Senators Hamrick of the 30th and Williams of the 19th:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, so as to provide for a statute of limitations for bringing such actions; to designate where a petition must be filed when the petitioner is being held by federal or other authorities; to

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provide for service; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 338. By Senators Hill of the 4th, Dean of the 31st and Hooks of the 14th:
A BILL to be entitled an Act to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to distribution of campaign contributions, so as to provide that ordinary and necessary expenses shall include expenses which, in the determination of the candidate or public officer, are incidental to the candidates campaign for public office or the public officers fulfillment or retention of such office; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.

SB 339. By Senators Henson of the 41st, Stokes of the 43rd, Clay of the 37th, Squires of the 5th, Adelman of the 42nd and Levetan of the 40th:
A BILL to be entitled an Act to amend Chapter 13 of Title 19 of the O.C.G.A., relating to family violence, so as to provide for local family violence fatality review committees; to create the Georgia Family Violence Fatality Review Panel; to provide for appointments, designation of representatives, and duties of family violence fatality review committees; to provide for duties of other persons relating to family violence fatalities; to provide for investigations, review, reports, and contents of reports; to provide for the members of the Georgia Family Violence Fatality Review Panel and their terms; to provide for the application of provisions of law relating to open meetings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 340. By Senator Thomas of the 10th:
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 require that direct recording electronic voting systems authorized for use in the state have a voter inspected, auditable paper trail and open source software;

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to provide for the method of voting on such systems; to provide for the retention of certain records; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.
SB 341. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to require licensure of electrical sign contractors; to declare that electrical sign contracting is a business affecting the public interest; to revise and add definitions; to change provisions relating to the powers and duties of the State Construction Industry Licensing Board and the Division of Electrical Contractors; to prohibit engaging in electrical sign contracting without the proper license; to change provisions relating to the applicability of the chapter; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 342. By Senators Unterman of the 45th, Johnson of the 1st, Harbison of the 15th, Shafer of the 48th and Henson of the 41st:
A BILL to be entitled an Act to amend Code Section 50-5-69 of the Official Code of Georgia Annotated, relating to establishment of a central bid registry, so as to provide that the Department of Administrative Services shall provide for the advertisement of bid opportunities valued at $10,000.00 or more via the Georgia Procurement Registry by a municipality, county, or local board of education without cost to such local government or board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 343. By Senator Jackson of the 50th:
A BILL to be entitled an Act to reconstitute the Board of Education of White County and provide for its powers, duties, rights, obligations, and liabilities; to provide for four district members and one at-large member; to provide for new districts; to provide for the election of members; to continue in office current members of such board; to provide for the filling of vacancies; to provide for the selection of a chairperson; to provide for related matters; to provide for

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superseding a local constitutional amendment; to provide for submission of this Act under the federal Voting Rights Act; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 344. By Senators Zamarripa of the 36th, Golden of the 8th, Smith of the 25th and Brown of the 26th:
A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefits plans, so as to provide for a consumer driven health plan (CDHP) for employees of the State of Georgia; to define CDHP design requirements; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

SB 345. By Senators Mullis of the 53rd, Bowen of the 13th, Jackson of the 50th, Smith of the 52nd, Hamrick of the 30th and Shafer of the 48th:
A BILL to be entitled an Act to amend Code Section 25-2-9 of the O.C.G.A., relating to the power of the state fire marshal and staff to make arrests and carry weapons, so as to revise the authority of the state fire marshal and staff to make arrests and carry weapons; to require that such personnel be certified peace officers; to provide for the power to execute certain arrest and search warrants; to provide a prohibition on resisting arrest by and interfering with the duties of such persons; to amend Code Section 35-8-10 of the O.C.G.A., relating to applicability of peace officer certification requirements generally, so as to include persons employed by the Office of the Commissioner of Insurance and Safety Fire Commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 346. By Senators Collins of the 6th, Meyer von Bremen of the 12th, Lee of the 29th, Squires of the 5th and Moody of the 27th:
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

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as to provide for a program for preventing teen dating violence; to provide for related matters; to delete an obsolete phrase; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.
SB 347. By Senators Meyer von Bremen of the 12th and Adelman of the 42nd:
A BILL to be entitled an Act to amend Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale, so as to provide a reciprocal exemption for a judgment debtor resident in this state as against a judgment creditor resident in another state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 348. By Senators Butler of the 55th, Thomas of the 10th, Stokes of the 43rd, Adelman of the 42nd, Thomas of the 54th and Henson of the 41st:
A BILL to be entitled an Act to amend Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to scrap tire disposal and storage, so as to provide that each county and municipality in the state shall adopt and enforce an ordinance regulating the storage of used tires; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 349. By Senators Lee of the 29th, Stephens of the 51st and Kemp of the 46th:
A BILL to be entitled an Act to amend Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to identity fraud, so as to change certain provisions regarding definitions; to change certain provisions regarding investigations; to change certain provisions regarding authority of the administrator; to change certain provisions regarding exemptions; to provide for additional violations; to change certain provisions regarding damages, defenses, and service; to change certain provisions regarding investigation results; to change certain provisions regarding the cumulative nature of said article; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Rules Committee.

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SB 350. By Senators Lamutt of the 21st, Zamarripa of the 36th, Shafer of the 48th and Stephens of the 51st:
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 regarding insurance, so as to provide definitions; to provide for confirmation and expedited processing of claims filed by electronic means by providers; to establish mechanics for the processing of health care claims submitted by providers; to establish standards for the processing of health care claims submitted by providers to health care insurers; to provide for the reporting of health care insurer compliance with such standards; to provide for fines against health insurers who fail to meet standards of timely payment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
SB 351. By Senators Lamutt of the 21st, Clay of the 37th, Mullis of the 53rd and Shafer of the 48th:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50, so as to exempt disclosure of certain personal information in all records; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 352. By Senators Mullis of the 53rd, Zamarripa of the 36th, Squires of the 5th and Johnson of the 1st:
A BILL to be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to permit the exchange or return of defective products by licensed retail dealers or retail consumption dealers of distilled spirits; to permit the provision of product samples to retail dealers or retail consumption dealers by a manufacturer, shipper, importer, or broker of distilled spirits; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development and Tourism Committee.

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SB 353. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to create the City of Austell Public Facilities 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 members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, quorum, 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 severability and an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 354. By Senator Unterman of the 45th:
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 pay level of any certificated educator who holds a doctorate degree in any field; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.
SB 355. By Senators Meyer von Bremen of the 12th, Jackson of the 50th, Hooks of the 14th and Smith of the 25th:
A BILL to be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, so as to provide a short title; to provide legislative findings; to authorize the Commissioner to require medical malpractice insurers in this state to form a market assistance plan to assist those who are unable to purchase medical malpractice insurance in an adequate or affordable amount; to provide definitions; to provide for a study of certain alternative means of providing such insurance; to provide for a report of such study; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

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The following communications were received by the Secretary:

March 27, 2003

The State Senate Atlanta, Georgia 30334

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

Dear Mr. Eldridge,

I respectfully request that my name be removed as a co-sponsor for Senate Bill 355 (SB 355).

Please let me know how we can get this accomplished as soon as possible. Thank you for your prompt attention to this request.

Sincerely, /s/ George Hooks

March 27, 2003

The State Senate Atlanta, Georgia 30334

The Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Re: Senate Bill 355

Dear Secretary Eldridge:

This letter is to request that my name please be removed as a sponsor from Senate Bill 355.

Please call if you have any questions.

With kindest personal regards, I am

Sincerely, /s/ Michael S. Meyer von Bremen

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Honorable Mark Taylor Lieutenant Governor State Capitol Atlanta, Georgia 30334
Dear Lt. Governor Taylor:
I would appreciate it if you would please remove my name from support of SB 355.
Thank you very much for your cooperation.
Sincerely yours,
/s/ Faye Smith State Senator
The first reading of Senate legislation was continued.
SB 356. By Senator Meyer von Bremen of the 12th:
A BILL to be entitled an Act to provide for a registry of offsetting reductions in greenhouse gases obtained by carbon sequestration; to provide legislative findings and declarations; to amend Chapter 6 of Title 12 of the O.C.G.A., relating to forest resources and other plant life, so as to enact the Georgia Carbon Sequestration Registry Act; to provide a short title; to define certain terms; to establish the Georgia Carbon Sequestration Registry; to provide for purposes of the registry; to provide for functions; to provide for procedures and protocols; to provide for construction; to provide for voluntary participation; to provide for reporting procedures; to provide for standardized forms and software; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 357. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine a term; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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SB 358. By Senators Brown of the 26th, Thompson of the 33rd and Thomas of the 10th:
A BILL to be entitled an Act to amend Chapter 9 of Title 33 of the O.C.G.A., relating to regulation of rates, underwriting rules, and related organizations with regard to insurance, so as to enact the "Medical Malpractice Insurance Premium Reform Act"; to provide a short title; to require medical malpractice insurers to file rates, rating plans, rating systems, and underwriting rules; to require that medical malpractice insurers develop rates based on each insurers experience in this state; to provide for the content of experience filings; to prohibit the retention of excess loss reserves under certain circumstances; to provide definitions; to require medical malpractice insurers to file certain reports and information; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

SB 359. By Senators Clay of the 37th and Thompson of the 33rd:
A BILL to be entitled an Act to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, Title 22 of the O.C.G.A., relating to eminent domain, and Title 46 of the O.C.G.A., relating to public utilities and public transportation, so as to change provisions relating to location of certain electric facilities, the power of eminent domain, and integrated resource planning; to enact the "Transmission Facility Siting Act" and provide for applications and permits for electric transmission facilities; to provide that certain provisions for refund of fees shall not apply to such applications; to define terms; to provide for powers and duties of the Department of Natural Resources and the Environmental Protection Division; to provide effective dates and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SR 299. By Senator Stephens of the 51st:
A RESOLUTION designating the Michael B. Mundy Memorial Bridge; and for other purposes.
Referred to the Transportation Committee.
SR 301. By Senators Dean of the 31st, Clay of the 37th and Hamrick of the 30th:
A RESOLUTION designating SR 101 in Paulding County as the John D.

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Smith Highway; and for other purposes.
Referred to the Transportation Committee.
SR 303. By Senators Zamarripa of the 36th, Reed of the 35th and Fort of the 39th:
A RESOLUTION creating the Joint Study Committee on the Rehabilitation of the Winecoff Hotel; and for other purposes.
Referred to the Rules Committee.
SR 308. By Senators Unterman of the 45th, Johnson of the 1st, Stephens of the 51st, Lamutt of the 21st and Clay of the 37th:
A RESOLUTION to create the Joint Study Committee on Location of Electric Transmission Lines; and for other purposes.
Referred to the Rules Committee.
SR 311. By Senators Johnson of the 1st, Lamutt of the 21st, Balfour of the 9th, Price of the 56th, Williams of the 19th and others:
A RESOLUTION proposing an amendment to the Constitution so as to require the freezing of existing residential real property values and to provide that residential real property and interests therein shall be appraised for ad valorem taxation purposes at their fair market value as of the date of the owners acquisition thereof; to provide for valuation increases; to provide for conditions and limitations; to provide for authority of the General Assembly with respect to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Rules Committee.
The following House legislation was read the first time and referred to committee:
HB 147. By Representatives Ray of the 108th, Royal of the 140th, Black of the 144th and James of the 114th:
A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the Board of Community Health to contract with any agricultural commodity commission created pursuant to Chapter 8 of Title 2 of the Official Code of Georgia Annotated to provide for the inclusion in such plan of any

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such commission's employees and retiring employees and their spouses and dependents; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.

HB 217. By Representatives Burkhalter of the 36th, Parham of the 94th, Powell of the 23rd and Drenner of the 57th:
A BILL to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to require the use of certain child passenger restraints in motor vehicles; to change certain provisions relating to safety belts required as equipment and safety restraints for children four years of age or younger; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

HB 385. By Representatives Ashe of the 42nd, Post 2, Ehrhart of the 28th, Shaw of the 143rd, Oliver of the 56th, Post 2, Jackson of the 124th, Post 1 and others:
A BILL to amend Chapter 5 of Title 18 of the Official Code of Georgia Annotated, relating to debt adjustment, so as to limit the maximum charge that may be imposed for the provision of debt adjustment services; to provide for exemptions from those provisions related to debt adjustment; to require persons engaged in the business of debt adjustment to obtain an annual audit of all accounts and to maintain a certain amount and type of insurance coverage; to provide for the disbursement of a debtor's funds within 30 days of receipt; and for other purposes.
Referred to the Special Judiciary Committee.

HB 422. By Representatives Richardson of the 26th, O`Neal of the 117th, Royal of the 140th, Parrish of the 102nd and Stephens of the 123rd:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to certain business enterprises creating certain full-time employee jobs; and for other purposes.
Referred to the Finance Committee.

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HB 502. By Representatives Bordeaux of the 125th, Campbell of the 39th and Benfield of the 56th, Post 1:
A BILL to amend Code Section 15-11-18 of the Official Code of Georgia Annotated, relating to creation of juvenile courts and provisions relative to juvenile court judges, so as to provide for salary adjustments for full- time and part-time juvenile court judges who are paid with state funds; and for other purposes.
Referred to the Judiciary Committee.

HB 504. By Representatives Royal of the 140th, Buck of the 112th, Parham of the 94th, Borders of the 142nd, Floyd of the 132nd and others:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding definitions; to change certain provisions regarding exemptions with respect to motor fuels; to change certain provisions regarding dealers' sales and use tax returns; to provide for prepayment of certain taxes with respect to motor fuels; and for other purposes.
Referred to the Finance Committee.

HB 517. By Representatives Porter of the 119th, Powell of the 23rd and Harbin of the 80th:
A BILL to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, "The Retail Installment and Home Solicitation Sales Act," so as to change provisions relating to late fees and dishonor fees which may be charged in retail installment contracts and revolving accounts; and for other purposes.
Referred to the Finance Committee.

HB 526. By Representatives Channell of the 77th, Shaw of the 143rd and Buck of the 112th:
A BILL to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to enact the "Nursing Home Provider Fee Act"; to provide for a fee to be imposed on nursing home

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revenues; to provide for the Department of Community Health to collect provider fees; to provide for a method for calculating a provider fee; and for other purposes.
Referred to the Appropriations Committee.
HB 596 By Representative Parham of the 49th
A BILL to amend Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Oconee River Greenway Authority, so as to change certain provisions relating to definitions; to change certain provisions relating to creation, membership, compensation, qualifications, accountabilities, and assignment of the authority; and for other purposes.
Referred to the Economic Development and Tourism Committee.
HB 693. By Representatives Manning of the 32nd, Parsons of the 29th, Hines of the 35th, Franklin of the 17th, Dollar of the 31st and others:
A BILL to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 707. By Representative McCall of the 78th:
A BILL to provide that future elections for the office of probate judge of Elbert County shall be nonpartisan elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 710. By Representatives Mosley of the 129th, Post 1, Smith of the 129th, Post 2 and DeLoach of the 127th:
A BILL to amend an Act providing for the election of the Board of Education of Long County, so as to change the compensation of the members of such board; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 713. 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 of Evans County and for the election of the members of said board, so as to provide for the nonpartisan election of the members of said board; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 730. By Representatives Sheldon of the 71st, Post 2 and Walker of the 71st, Post 1:
A BILL to amend an Act creating a charter for the City of Dacula, so as to change certain provisions regarding a quorum and voting; to change certain provisions relating to emergencies; to change certain provisions regarding powers and duties of the mayor; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 734. By Representative Douglas of the 73rd:
A BILL to provide a new charter for the Town of Newborn; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HR 266. By Representative Houston of the 139th:
A RESOLUTION ratifying the change of regional development center boundaries established by the Board of Community Affairs; and for other purposes.
Referred to the Economic Development and Tourism Committee.
HR 545. By Representatives Coleman of the 118th, Skipper of the 116th, Day of the 126th, Smyre of the 111th, Buck of the 112th and others:
A RESOLUTION inviting former President and Nobel Laureate Jimmy Carter to address a joint session of the House of Representatives and the Senate; and for other purposes.
Referred to the Rules Committee.

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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 recommendations:

SB 198 Do Pass SR 281 Do Pass

Respectfully submitted, Senator Collins of the 6th District, Chairman

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 recommendations:

SB 193 Do Pass SB 294 Do Pass as amended
Respectfully submitted, Senator Brush of the 24th District, Chairman Mr. President:

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:

SB 272 SR 276

Do Pass as amended Do Pass
Respectfully submitted, Senator Seabaugh of the 28th 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 288 HB 343 HB 402

Do Pass Do Pass Do Pass

HB 443 HB 488 HB 600

Do Pass Do Pass Do Pass

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HB 416 Do Pass

HB 637 Do Pass

Mr. President:

Respectfully submitted, Senator Unterman of the 45th 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:

HB 457 HR 90 SB 257

Do Pass Do Pass Do Pass by substitute
Respectfully submitted, Senator Williams of the 19th District, Chairman

Mr. President:

The Veterans and Military 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:

SB 261 SR 232

Do Pass by substitute Do Pass
Respectfully submitted, Senator Harp of the 16th District, Chairman

The following legislation was read the second time:

HB 87 HB 134 HB 166 HB 225 HB 279

HB 424 SB 16 SB 123 SB 131

SB 150 SB 151 SB 187 SB 194

SB 210 SB 215 SB 216 SB 218

SB 223 SB 229 SB 239 SB 243

SB 248 SB 249 SB 254 SB 273

Senator Williams of the 19th asked unanimous consent that Senator Thomas of the 2nd be excused. The consent was granted, and Senator Thomas was excused.

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:

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

Those not answering were Senators:

Brush Tanksley

Crotts (Excused) Thomas, R. (Excused)

Johnson

The members pledged allegiance to the flag.

Senator Cagle of the 49th introduced the chaplain of the day, Pastor Jeff Benefield of Flowery Branch, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 296. By Senator Cagle of the 49th:

A RESOLUTION commending the Jefferson High School Wrestling Team; and for other purposes.

SR 297. By Senator Smith of the 52nd:

A RESOLUTION celebrating the birth of Audrey Faith Owens and Abby Joy Owens; and for other purposes.

SR 298. By Senators Henson of the 41st and Cheeks of the 23rd:

A RESOLUTION commending Mattie Downs Huston; and for other purposes.

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SR 300. By Senators Johnson of the 1st, Williams of the 19th and Kemp of the 3rd:
A RESOLUTION recognizing and commending Johnny D. Paulk III; and for other purposes.
SR 302. By Senator Dean of the 31st:
A RESOLUTION commending the Rockmart High School Wrestling Team; and for other purposes.
SR 304. By Senator Thomas of the 10th:
A RESOLUTION honoring the Brown Sugar Stitchers Guild; and for other purposes.
SR 305. By Senator Johnson of the 1st:
A RESOLUTION commending the Republic of China on its contributions to promote world peace, freedom, and human rights and supporting its efforts to participate in the United Nations; and for other purposes.
SR 306. By Senators Hudgens of the 47th, Bowen of the 13th, Blitch of the 7th, Meyer von Bremen of the 12th, Hill of the 4th and others:
A RESOLUTION expressing regret at the passing of Regent John Hunt; and for other purposes.
SR 307. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Butler of the 55th, Levetan of the 40th and others:
A RESOLUTION honoring Roy E. Barnes as the recipient of the 2003 John F. Kennedy Profiles in Courage Award; and for other purposes.
SR 309. By Senators Jackson of the 50th and Hudgens of the 47th:
A RESOLUTION commending the East Hall Vikings basketball team; and for other purposes.
SR 310. By Senators Starr of the 44th and Seay of the 34th:
A RESOLUTION commending Ford Motor Company on its 100th Anniversary; and for other purposes.

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SR 312. By Senator Harbison of the 15th:
A RESOLUTION commending Willie C. Kimbrough; and for other purposes.
SR 313. By Senator Zamarripa of the 36th:
A RESOLUTION commending the Atlanta Symphony Orchestra and Chorus and their music director, Robert Spano; 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

Thursday, March 27, 2003 Thirtieth Legislative Day

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

HB 288

Blitch of the 7th WARE COUNTY

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.

HB 343

Blitch of the 7th Williams of the 19th WAYCROSS, CITY OF

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 402

Hill of the 4th EVANS COUNTY

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.

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HB 416

Hill of the 4th EVANS COUNTY

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 443

Bowen of the 13th IRWIN COUNTY

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 488

Hill of the 4th EFFINGHAM COUNTY

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.

HB 600

Blitch of the 7th BERRIEN COUNTY

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 637

Kemp of the 3rd DARIEN, CITY OF

A BILL to amend an Act creating a new charter for the City of Darien, so as to change the provisions regarding the election of the mayor and councilmembers; to provide for definitions; to provide for council districts and posts; 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:

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Y Adelman 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

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
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 Y Williams
Zamarripa

On the passage of the local legislation, the yeas were 51, nays 0.

The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

SB 133
SB 5 SB 92 SB 160

SENATE RULES CALENDAR THURSDAY, MARCH 27, 2003 THIRTIETH LEGISLATIVE DAY
Tort actions; comprehensive revisions; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act (Substitute)(JUDY-56th)
Sexually offensive material/content; distribution through electronic media (S&T-16th)
Governor; emergency powers; repeal certain powers relating to firearms (Substitute)(PS&HS-53rd)
Employment Security Law; unemployment compensation; exclude certain services (FIN-28th)

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SB 228 SB 233

License plates; special for professional sports team foundations (TRANS-29th)
Worker compensation; notices; employee's medical treatment; disability; benefits (Substitute)(I&L-21st)

SB 172

Environmental policy; regulatory decisions; publication requirements (Substitute)(NR&E-47th)

SB 246

Water Reservoirs; locally funded; state must pay just compensation if take control or condemn (NR&E-46th)

SB 247

Greenspace Trust Fund; taxpayer voluntary income tax contributions (APPROP-46th)

SB 250

Vehicle certificate of title applications; owner's legal name and driver's license number (TRANS-11th)

SB 256

Highways; use of emergency lanes; transit buses; metro Atlanta area (TRANS-19th)

SB 258

Elections; conversion to direct recording electronic (DRE) voting systems; absentee ballot oath; handicapped assistance; polling places (Amendment)(SLGO(G)-45th)

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 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

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of actions; to change certain provisions regarding expert opinions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate Judiciary Committee offered the following substitute to SB 133:
A BILL TO BE ENTITLED AN ACT
To amend Titles 7, 9, 24, 50, and 51 of the Official Code of Georgia Annotated, relating respectively to banking and finance; civil practice; evidence; state government; and 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 codefendants residing in different counties; to change certain provisions regarding dismissal of actions; to change certain provisions regarding expert opinions; to change certain provisions regarding the extent of jurisdiction of the state; to provide for definitions; to provide for exceptions for vicarious liability; to change certain provisions relating to punitive damages; to change certain provisions relating to reduction of earnings to present value; to change certain provisions regarding unliquidated damages; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Common Sense Civil Justice Reform Act of 2003."
SECTION 2. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking Code Section 7-4-12, relating to interest on judgements, and inserting in lieu thereof the following:
"7-4-12. (a) All judgments in this state shall bear annual interest upon the principal amount recovered at the a rate of 12 percent per year equal to the prime rate as published by the Board of Governors of the Federal Reserve System, as published in statistical release H. 15 or any publication that may supersede it, on the day the judgment is entered plus 3 percent. (b) If unless the judgment is rendered on a written contract or obligation providing for interest at a specified rate, in which case the judgment shall bear interest at the rate specified in such the contract or obligation. (c) The postjudgment interest provided for in this Code section shall apply automatically to all judgments in this state and such the interest shall be collectable as a part of each such judgment whether or not such the judgment specifically reflects the entitlement to such postjudgment interest."

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SECTION 3. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking Code Section 9-10-31, relating to actions against certain codefendants residing in different counties, and inserting in lieu thereof the following:
"9-10-31. (a) The General Assembly finds that Paragraph IV of Section 2 of Article VI of the Georgia Constitution permits a trial and entry of judgment against a resident of Georgia in a county other than the county of the defendants residence only if the Georgia resident defendant is a joint obligor, joint tort-feasor, joint promisor, copartner, or joint trespasser and therefore this Code section shall apply to all pending actions filed on or after July 1, 1999. (b) Joint or joint and several tort-feasors, obligors, or promisors, or joint contractors or copartners, residing in different counties, may be subject to an action as such in the same action in any county in which one or more of the defendants reside. If, however, the court determines prior to the commencement of trial that: who are joint or joint and several tort-feasors, obligors, or promisors, or joint contractors or copartners reside.
(1) The plaintiff has brought the action in bad faith against all defendants residing in the county in which the action is brought; or (2) As a matter of law, no defendant residing in the county in which the action is brought is a proper party, the action shall be transferred to the county and court which the plaintiff elects in which venue is proper. The burden of proof on the issue of venue shall be on the party claiming improper venue by a preponderance of evidence. (b)(c) If all defendants who reside in the county in which an action is pending are discharged from liability before the commencement of trial or upon the return of a verdict by the jury or the court hearing the case without a jury, a nonresident defendant may require that the case be transferred to a county and court in which venue would otherwise be proper. If venue would be proper in more than one county, the plaintiff may elect from among the counties in which venue is proper the county and the court in which the action shall proceed. (c) If all defendants who reside in the county in which the action is pending are discharged from liability after the commencement of trial, the case may be transferred to a county and court in which venue would otherwise lie only if all parties consent to such transfer. (d) For purposes of this Code section, trial shall be deemed to have commenced upon the jury being sworn or, in the instance of a trial without a jury, upon the first witness being sworn. (e)(d) Nothing in this Code section shall be deemed to alter or amend the pleading requirements of Chapter 11 of this title relating to the filing of complaints or answers. (f) This Code section shall apply to actions filed on or after July 1, 1999."
SECTION 4. Said title is further amended by striking subsection (a) of Code Section 9-11-41, relating to dismissal of actions, and inserting in lieu thereof the following:

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"(a) Voluntary dismissal; effect. (1) BY PLAINTIFF; BY STIPULATION. Subject to the provisions of subsection (c) of Code Section 9-11-23, of Code Section 9-11-66, and of any statute, an action may be dismissed by the plaintiff, without order or permission of court,: (A) By by filing a written notice of dismissal at any time before the entry of a pretrial order pursuant to Code Section 9-11-16, provided that when there is no pretrial order, the notice of dismissal may be filed at any time before the jury is sworn, or in nonjury trials, before the first witness is sworn; or (B) By filing a stipulation of dismissal signed by all parties who have appeared in the action. the plaintiff rests his case. After the plaintiff rests his case, permission and an order of the court must be obtained before dismissal. (2) BY ORDER OF COURT. Except as provided in paragraph (1) of this subsection, an action shall not be dismissed upon the plaintiffs motion except upon order of the court and upon the terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon him or her of the plaintiffs motion to dismiss, the action shall not be dismissed against the defendants objection unless the counterclaim can remain pending for independent adjudication by the court. (3) EFFECT. A dismissal under this subsection is without prejudice, except that the filing of a third second notice of dismissal operates as an adjudication upon the merits." SECTION 5.
Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking Code Section 24-9-67, relating to opinions of experts, and inserting in lieu thereof the following:
"24-9-67. (a) As used in this Code section, the term 'professional malpractice action' means an action involving any profession listed in Code Section 9-11-9.1, including, but not limited to medical malpractice actions as defined in Code Section 9-3-70. (b) The opinions of experts on any question of science, skill, trade, or like questions shall always be admissible, except as provided in subsection (c) of this Code section; and such opinions may be given on the facts as proved by other witnesses. (c) In professional malpractice actions, the opinions of an expert as to the standard of care of the professional whose conduct is at issue shall be admissible only if, at the time the act or omission is alleged to have occurred or at the time of trial, the expert witness:
(1) Was licensed by an appropriate regulatory agency to practice his or her profession in the location in which the expert was practicing or teaching; and
(2)(A) Was board certified by a national or international association or academy which administers written and oral examinations for certification in the area of practice or specialty about which the opinion on the standard of care is offered; (B) Had actual professional knowledge and experience in the area of practice or specialty in which the opinion is to be given as the result of having been regularly engaged in:

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(i) The active practice of the area of specialty of his or her profession for at least three of the last five years immediately preceding such time; (ii) The teaching of the area of practice or specialty of his or her profession for at least half of his or her professional time as an employed member of the faculty of an educational institution which has been accredited in the teaching of his or her profession for at least three of the last five years immediately preceding such time; or (iii) Any combination of the active practice or the teaching of his or her profession in a manner which meets the requirements of divisions (i) and (ii) of this subparagraph for at least three of the last five years immediately preceding such time; or (C) The court determines from all of the evidence or from the evidence introduced at the time when the professional malpractice expert is proffered as an expert witness on the standard of care, that the witness knowledge concerning the standard of care with regard to the act or omission alleged is within the knowledge or expertise of any person holding a license from an appropriate regulatory agency to practice in the profession. (d) An affiant under Code Section 9-11-9.1 shall not be deemed an expert competent to testify if his or her opinions would not be admissible in the action at issue as provided in this Code section."
SECTION 6. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking Code Section 50-2-21, relating to the extent of jurisdiction of the state and its laws, and inserting in lieu thereof the following:
"50-2-21. (a) The jurisdiction of this state and its laws extend to all persons while within its limits, whether as citizens, denizens, or temporary sojourners. (b) Each court of this state shall decline to exercise jurisdiction of any civil cause of action of a nonresident accruing outside this state if there is another forum with jurisdiction of the parties in which the trial can be more appropriately held taking into account the following:
(1) Place of accrual of the cause of action; (2) Location of witnesses; (3) The residence or residences of the parties; and (4) The public factor of the convenience to and burden upon the court. (c) Upon a motion filed not later than 90 days after the last day allowed for the filing of that partys answer and upon the partys showing that the existing forum constitutes an inconvenient forum based on the factors listed in subsection (b) of this Code section and where there is another forum which can assume jurisdiction, the court may dismiss the action without prejudice on any condition that may be just or transfer the case to a convenient forum, if a forum with jurisdiction accepts the transfer. (d) If a court dismisses an action pursuant to subsection (c) of this Code section, the dismissal shall be under the following conditions:

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(1) The defendant shall accept service of process from that court; and (2) If the plaintiff elects to file the action in another forum within one year of the dismissal order, and if the statute of limitations has run in the other forum, the defendant shall waive that defense. (e) If the defendant refuses to abide by the conditions of subsection (d) of this Code section, the cause of action shall be retained in the court in which the dismissal was requested or reinstated in the court in which the dismissal was granted. If the court in the other forum refuses to accept jurisdiction, the plaintiff may, within 60 days of the final order refusing jurisdiction, reinstate the cause of action in the court in which the dismissal was granted. (f) If a court transfers a case pursuant to subsection (c) of this Code section, the clerk of the court from which the transfer is granted shall immediately certify and transmit to the clerk of the court to which the transfer is ordered the originals of all papers filed in the case together with copies of all orders entered in the case."
SECTION 7. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new Code section immediately following Code Section 51-2-4, relating to liability for torts of an independent employee, to read as follows:
"51-2-4.1. (a) As used in this Code section, the term:
(1) 'Health care provider' means any person licensed under Chapter 9, 11, 26, 30, 33, 34, 35, or 39 of Title 43 who provides care or assistance to an individual who has an emergency medical condition within the scope of the health care providers licensure, either voluntarily or at the request of a hospital, including but not limited to any health care provider who is 'on call' to a hospital. (2) 'Hospital' means a facility that has a valid permit or provisional permit issued by the Department of Human Resources under Chapter 7 of Title 31 and that operates an emergency room that provides care or assistance to individuals who have an emergency medical condition. This term shall also include any employee of the hospital who provides care or assistance to individuals within the scope of his or her employment, whether or not the person is a health care provider. (b) Unless there is an independent act of negligence, a hospital or health care provider shall not be vicariously liable for the actions of a physician employed as an independent contractor unless there exists an actual agency relationship between the physician and hospital or health care provider."
SECTION 8. Said title is further amended by striking Code Section 51-12-5.1, relating to punitive damages, and inserting in lieu thereof the following:
"51-12-5.1. (a) As used in this Code section, the term 'punitive damages' is synonymous with the terms 'vindictive damages,' 'exemplary damages,' and other descriptions of additional

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damages awarded because of aggravating circumstances in order to penalize, punish, or deter a defendant. (b) Punitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendants actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences. (c) Punitive damages shall be awarded not as compensation to a plaintiff but solely to punish, penalize, or deter a defendant.
(d)(1) An award of punitive damages must be specifically prayed for in a complaint. In any case in which punitive damages are claimed, the trier of fact shall first resolve from the evidence produced at trial whether an award of punitive damages shall be made. This finding shall be made specially through an appropriate form of verdict, along with the other required findings. (2) If it is found that punitive damages are to be awarded, the trial shall immediately be recommenced in order to receive such evidence as is relevant to a decision regarding what amount of damages will be sufficient to deter, penalize, or punish the defendant in light of the circumstances of the case. It shall then be the duty of the trier of fact to set the amount to be awarded according to subsection (e), (f), or (g) (e) or (f) of this Code section, as applicable. (e)(1) In a tort case in which the cause of action arises from product liability, there shall be no limitation regarding the amount which may be awarded as punitive damages. Only one award of punitive damages may be recovered in a court in this state from a defendant for any act or omission if the cause of action arises from product liability, regardless of the number of causes of action which may arise from such act or omission. (2) Seventy-five percent of any amounts awarded under this subsection as punitive damages, less a proportionate part of the costs of litigation, including reasonable attorneys fees, all as determined by the trial judge, shall be paid into the treasury of the state through the Office of Treasury and Fiscal Services. Upon issuance of judgment in such a case, the state shall have all rights due a judgment creditor until such judgment is satisfied and shall stand on equal footing with the plaintiff of the original case in securing a recovery after payment to the plaintiff of damages awarded other than as punitive damages. A judgment debtor may remit the states proportional share of punitive damages to the clerk of the court in which the judgment was rendered. It shall be the duty of the clerk to pay over such amounts to the Office of Treasury and Fiscal Services within 60 days of receipt from the judgment debtor. This paragraph shall not be construed as making the state a party at interest and the sole right of the state is to the proceeds as provided in this paragraph. (f)(e) In a tort case in which the cause of action does not arise from product liability, if it is found that the defendant acted, or failed to act,: (1) With with the specific intent to cause harm,or that the defendant acted or failed to act while; (2) With actual knowledge that harm would occur; or

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(3) While under the influence of alcohol, drugs other than lawfully prescribed drugs administered in accordance with prescription, or any intentionally consumed glue, aerosol, or other toxic vapor to that degree that his or her judgment is substantially impaired, there shall be no limitation regarding the amount which may be awarded as punitive damages against an active tort-feasor but such damages shall not be the liability of any defendant other than an active tort-feasor the defendant. (g)(f) For any tort action not provided for by subsection (e) or (f) of this Code section in which the trier of fact has determined that punitive damages are to be awarded, the amount which may be awarded in the case shall be limited to a maximum of $250,000.00. (h) This Code section shall apply only to causes of action arising on or after April 14, 1997."
SECTION 9. Said title is further amended by striking Code Section 51-12-13, relating to reduction of earnings to present value, by inserting in lieu thereof the following:
"51-12-13. (a) It shall be lawful for the The trier of fact, in determining the present value of any future earnings, annuity, or amounts, to damages, shall reduce the same to the present value upon the basis of interest calculated at 5 10 percent per annum. (b) An expert witness testifying on the present value of any future damages shall reduce the same to the present value upon the basis of interest calculated at 10 percent per annum."
SECTION 10. Said title is further amended by striking subsection (c) of Code Section 51-12-14, relating to unliquidated damages, and inserting in lieu thereof the following:
"(c) The interest provided for by this Code section shall be at the an annual rate of 12 percent per annum equal to the prime rate as published by the Board of Governors of the Federal Reserve System, as published in statistical release H. 15 or any publication that may supersede it, on the thirtieth day following the date of the mailing of the written notice plus 3 percent and shall begin to run from the thirtieth day following the date of the mailing of the written notice until the date of judgment."
SECTION 11. (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply only to causes of action arising on or after the effective date of this Act. Any cause of action arising prior to that date shall continue to be governed by the law in effect at the time such cause of action arose. (b) Section 3 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to any pending action filed on or after July 1, 1999.

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SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Senators Tanksley of the 32nd and Price of the 56th offered the following amendment #1:

Amend the Senate Judiciary Committee substitute to SB 133 by striking from line 9 of
page 1 the following: "to change certain provisions relating to punitive damages;"

By striking line 26 of page 6 through line 13 of page 8 and inserting in their place the

following:

"SECTION 8.

'Reserved.'"

On the adoption of the amendment, the yeas were 37, nays 2, and the Tanksley, Price amendment #1 to the committee substitute was adopted.

Senators Tanksley of the 32nd and Price of the 56th offered the following amendment #2:

Amend the Committee substitute to SB 133 by striking lines 5 and 6 on page 9 and inserting in lieu thereof the following:

"its becoming law without such approval."

On the adoption of the amendment, the yeas were 43, nays 1, and the Tanksley, Price amendment #2 to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 48, nays 1, 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 Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson

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

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1337

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
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 N Thomas,R Y Thompson Y Tolleson 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 Fort of the 39th asked unanimous consent that Senator Levetan of the 40th be excused. The consent was granted, and Senator Levetan was excused.

The Calendar was resumed.

Senator Lamutt of the 21st asked unanimous consent that the following bill be withdrawn from the Senate Science and Technology Committee and committed to the Senate Insurance and Labor Committee:

SB 350. By Senators Lamutt of the 21st, Zamarripa of the 36th, Shafer of the 48th and Stephens of the 51st:

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 regarding insurance, so as to provide definitions; to provide for confirmation and expedited processing of claims filed by electronic means by providers; to establish mechanics for the processing of health care claims submitted by providers; to establish standards for the processing of health care claims submitted by providers to health care insurers; to provide for the reporting of health care insurer compliance with such standards; to provide for fines against health insurers who fail to meet standards of timely payment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

The consent was granted, and SB 350 was committed to the Insurance and Labor Committee.

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Senator Starr of the 44th introduced the doctor of the day, Dr. Harrison Rogers.

At 12:30 p.m., the President announced that the Senate would recess until 1:45 p.m.

At 1:45 p.m., the President called the Senate to order.

The Calendar was resumed.

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 to electronic mail and other electronic or computer media; to provide a notice; 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
Cheeks Y Clay Y Collins Y Crotts Y Dean
Fort Y Gillis Y Golden
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 E Levetan Y Me V Bremen Y Moody Y Mullis Y Price
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 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 49, nays 0.

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1339

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

The following communication was received by the Secretary:

Mr. Frank Eldridge Secretary of the Senate State Capitol Atlanta, Georgia 30334

The State Senate Atlanta, Georgia 30334
March 27, 2003

Dear Mr. Eldridge:

Senator Hall and myself were called to the Governors' office at the time SB 5 was voted on. We request to be excused for that time.

Sincerely,

/s/ Don Cheeks 23rd Senatorial District

/s/ Randy Hall 22nd Senatorial District

Senator Starr of the 44th asked unanimous consent that Senator Thomas of the 2nd be excused. The consent was granted, and Senator Thomas was excused.

The Calendar was resumed.

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.

The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 92:
A BILL TO BE ENTITLED AN ACT

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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 for the coordination of the response of the Department of Human Resources with certain emergency response plans in the event of a public health emergency; 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 38-3-51 of the Official Code of Georgia Annotated, relating to the emergency powers of the Governor, is amended by striking paragraph (8) of subsection (d) and paragraph (1) of subsection (i) and inserting in lieu thereof a new paragraph (8) of subsection (d) and a new paragraph (1) of subsection (i) to read as follows:
"(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles; provided, however, that any limitation on firearms under this Code section shall not include an individual firearm owned by a private citizen which was legal and owned by that citizen prior to the declaration of state of emergency or disaster or thereafter acquired in compliance with all applicable laws of this state and the United States; and". "(i)(1) The Governor may direct the Department of Human Resources to coordinate all certain matters pertaining to the response of the state to a public health emergency, consistent with the Federal Response Plan, the National Incident Management System, and the Georgia Emergency Operations Plan, including without limitation:
(A) Planning and executing public health emergency assessments, mitigation, preparedness response, and recovery for the state; (B) Coordinating public health emergency responses between state and local authorities; (C) Collaborating with appropriate federal government authorities, elected officials of other states, private organizations, or private sector companies, relative to public health issues; (D) Coordinating recovery operations and mitigation initiatives, relative to public health, subsequent to public health emergencies; (E) Organizing public information activities regarding state public health emergency response operations, in collaboration with the Georgia Emergency Management Agency and other response organizations; and (F) Providing for special identification for public health personnel involved in a public health emergency."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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1341

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

Senator Crotts of the 17th offered the following amendment:

Amend the Committee substitute to SB 92 by adding on line 14 after the word explosives the following:

which shall not include small arms ammunitions.

On the adoption of the amendment, the yeas were 28, nays 10, and the Crotts amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 23, nays 18, and the committee substitute was adopted as amended.

Senator Thompson of the 33rd moved that SB 92 be placed on the Table.

On the motion, a roll call was taken, and the vote was as follows:

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

Y Harbison Y Harp Y Henson
Hill Y Hooks N Hudgens Y Jackson
Johnson Y Kemp,B Y Kemp,R N Lamutt Y Lee E 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 N Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N E Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the motion, the yeas were 28, nays 24; the motion prevailed, and SB 92 was placed on the Table.

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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.

Senator Seabaugh of the 28th asked unanimous consent that SB 160 be committed to the Senate Finance Committee.

The consent was granted, and SB 160 was committed to the Senate Finance 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 benefitting 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.

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

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

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1343

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
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 Blitch of the 7th asked unanimous consent that Senator Smith of the 25th be excused. The consent was granted, and Senator Smith was excused.

Senator Mullis of the 53rd asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.

Senator Hooks of the 14th asked unanimous consent that he be excused from voting on SB 233 pursuant to Senate Rule 175.

The consent was granted, and Senator Hooks of the 14th was excused.

The Calendar was resumed.

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.

The Senate Insurance and Labor Committee offered the following substitute to SB 233:

A BILL TO BE ENTITLED AN ACT

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To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, 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 place the temporary partial benefits maximum at $284.00 per week; to provide for a certain legislative intent; 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 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers compensation, is amended by striking subsection (j) of Code Section 34-9-102, relating to a hearing before the administrative law judge, and inserting in lieu thereof the following:
"(j) Notice to nonresident party. (1) Any party subject to this chapter who is or who becomes a nonresident of this state at the time of or after the injury or death of an employee shall be deemed to have appointed irrevocably the executive director of the board as that partys agent for service of notice or any other process in any proceeding under this chapter. (2) Any notice or process served on the executive director shall have the same legal effect as if served upon the nonresident party personally within the state. (3) The executive director or his or her designated agent shall immediately send mail a copy of the notice or process by certified mail or statutory overnight delivery to the last known address of the nonresident party."
SECTION 2. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-9-200, relating to compensation for medical care, artificial members, and other treatment and supplies, and inserting in lieu thereof the following:
"(c) The refusal of the employee without reasonable cause to accept either medical, surgical, or hospital care or other treatment, as provided by this Code section, when ordered by the board, shall entitle the board in its discretion to suspend or reduce the compensation otherwise payable to such employee unless in the opinion of the board the circumstances justify the refusal, as determined in the manner provided under Code Section 34-9-100. The board may require recommendations from a panel of specialists in determining whether or not suspension or reduction of compensation is justified. As long as an employee is receiving compensation, he or she shall submit himself or herself to examination by the authorized treating physician at reasonable times. If the employee refuses to submit himself or herself to or in any way obstructs

THURSDAY, MARCH 27, 2003

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such an examination requested by and provided for by the employer, his or her right to compensation shall be suspended until such refusal or objection ceases and no compensation shall at any time be payable for the period of suspension unless in the opinion of the board the circumstances justify the refusal or obstruction."
SECTION 3. Said chapter is further amended by striking paragraph (6) of subsection (g) of Code Section 34-9-200.1, relating to rehabilitation benefits, and inserting in lieu thereof the following:
"(6) Any other injury of a nature and severity that prevents the employee from being able to perform his or her prior work and any work available in substantial numbers within the national economy for which such employee is otherwise qualified. A decision granting or denying disability income benefits under Title II or supplemental security income benefits under Title XVI of the Social Security Act shall be admissible in evidence and the board shall give the evidence the consideration and deference due under the circumstances regarding the issue of whether the injury is a catastrophic injury; provided, however, that no presumption shall be created by any decision granting or denying disability income benefits under Title II or supplementary security income benefits under Title XVI of the Social Security Act."
SECTION 4. Said chapter is further amended by striking subsection (c) of Code Section 34-9-203, relating to an employers pecuniary liability for medical charges, and inserting in lieu thereof the following:
"(c)(1) All reasonable charges for medical, surgical, hospital, and pharmacy goods and services shall be payable by the employer or its workers compensation insurer within 30 days from the date that the employer or the insurer receives the charges and reports required by the board. The employer or insurer shall, within 30 days after receipt of charges for health care goods or services, mail to the provider of such health care goods or services payment of such charges or a letter or other written notice that states the reasons the employer or insurer has for not paying the claim, either in whole or in part, and which also gives the person so notified a written itemization of any documents or other information needed to process the claim or any portion thereof. (2) The failure by the employee or the health care goods or services providers failure provider to include with its submission of charges any reports or other documents required by the board shall constitute a defense for the employers or insurers failure to pay the submitted charges within 30 days of receipt of the charges. However, if the employer or insurer fails to send the employee or the health care goods or services provider the requisite notice indicating a need for further documentation within 30 days of receipt of the charges, the employer and insurer will be deemed to have waived the right to defend a claim for failure to pay such charges in a timely fashion on the grounds that the charges were not appropriately accompanied by required

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reports. Such waiver shall not extend to any other defense the employer and insurer may have with respect to a claim of untimely payment. (3) If any charges for health care goods or services are not paid when due, or any reimbursement for health care goods or services paid by the employee or any charges for mileage incurred by the employee are not paid when due, penalties shall be added to such charges and paid at the same time as and in addition to the charges claimed for the health care goods or services. For any payment of charges paid more than 30 days after their due date, but paid within 60 days of such date, there shall be added to such charges an amount equal to 10 percent of the charges. For any payment of charges paid more than 60 days after their due date, but paid within 90 days of such date, there shall be added to such charges an amount equal to 20 percent of the charges. For any charges not paid within 90 days of their due date, in addition to the 20 percent add-on penalty, the employer or insurer shall pay interest on that combined sum in an amount equal to 12 percent per annum from the ninety-first day after the date the charges were due until full payment is made. All such penalties and interest shall be paid to the provider of the health care goods or services. (4) Notwithstanding any other provisions of this subsection, if the employee or the provider of healthcare goods or services fails to submit its charges to the employer or its workers compensation insurer within one year of the date of service of the issuance of such goods or services, then the provider is deemed to have waived its right to collect such charges from the employer, its workers compensation insurer, and the employee."
SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 34-9-240, relating to the effect of refusal of suitable employment by an injured employee, and inserting in lieu thereof the following:
"(a) If an injured employee refuses employment procured for him or her and suitable to his or her capacity, such employee shall not be entitled to any compensation, except benefits pursuant to Code Section 34-9-263, at any time during the continuance of such refusal unless in the opinion of the board such refusal was justified."
SECTION 6. Said chapter is further amended by striking Code Section 34-9-261, relating to compensation for total disability, and inserting in lieu thereof the following:
"34-9-261. While the disability to work resulting from an injury is temporarily total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employees average weekly wage but not more than $400.00 $425.00 per week nor less than $40.00 $42.50 per week, except that when the weekly wage is below $40.00 $42.50 the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, in the event of a catastrophic injury

THURSDAY, MARCH 27, 2003

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as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this
Code section shall be paid until such time as the employee undergoes a change in
condition for the better as provided in paragraph (1) of subsection (a) of Code Section 34-9-104."
SECTION 7. Said chapter is further amended by striking Code Section 34-9-262, relating to
compensation for temporary partial disability, and inserting in lieu thereof the following: "34-9-262.
Except as otherwise provided in Code Section 34-9-263, where the disability to work
resulting from the injury is partial in character but temporary in quality, the employer
shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the
difference between the average weekly wage before the injury and the average weekly
wage the employee is able to earn thereafter, but not more than $268.00 $284.00 per week for a period not exceeding 350 weeks from the date of injury."

SECTION 8. It is the intent of the General Assembly that compensation benefits shall not be suspended under subsection (c) of Code Section 34-9-200 as enacted by this Act without first obtaining an order from the Board of Workers Compensation authorizing such suspension of benefits.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Senator Brown of the 26th offered the following amendment #1:

Amend the Senate Insurance and Labor Committee substitute to SB 233 by striking lines
3 and 4 of page 1 and inserting in lieu thereof the following: "sent by certified mail; to provide that the granting or denial of social security"

By striking lines 1 through 18 of page 2.

By redesignating Sections 3 through 9 as Sections 2 through 8, respectively.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour N Blitch N Bowen Y Brown N Brush

Harbison N Harp Y Henson N Hill E Hooks N Hudgens

Y Seay N Shafer E Smith,F N Smith,P N Squires Y Starr

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

Y Jackson N Johnson N Kemp,B
Kemp,R N Lamutt N Lee E Levetan N Me V Bremen N Moody N Mullis N Price Y Reed E Seabaugh

N Stephens Y Stokes N Tanksley Y Tate N Thomas,D Y Thomas,N E Thomas,R
Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 14, nays 34, and the Brown amendment #1 to the committee substitute was lost.

Senator Reed of the 35th offered the following amendment #2:

Amend the Senate Insurance and Labor Committee substitute to SB 233 by inserting the word "unreasonably" immediately following the word "employee" on line 13 of page 2. By striking the words "in any way" on line 14 of page 2.

On the adoption of the amendment, the President ordered a roll call, 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 N Crotts Y Dean Y Fort N Gillis N Golden

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

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

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1349

N Hall N Hamrick

Y Reed E Seabaugh

Y Zamarripa

On the adoption of the amendment, the yeas were 16, nays 33, and the Reed amendment #2 to the committee substitute was lost.

On the adoption of the substitute, the yeas were 43, 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 Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick

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

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

On the passage of the bill, the yeas were 48, nays 3.

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

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

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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.
The Senate Natural Resources and the Environment Committee offered the following substitute to SB 172:
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 certain emergencies; to define certain terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 16 of Title 12 of the Official Code of Georgia Annotated, relating to environmental policy, is amended by designating the existing provisions thereof as Article 1 of said chapter.
SECTION 2. Said chapter is further amended by striking the word "chapter" and inserting "article" in lieu thereof wherever the former term appears in:
(1) Code Section 12-16-1, relating to a short title; (2) Code Section 12-16-3, relating to definitions; (3) Code Section 12-16-6, relating to required reconciliation of existing authority; (4) Code Section 12-16-7, relating to effect of article on federal environmental policy requirements; and (5) Code Section 12-16-8, relating to directors guidelines to assist government agencies.
SECTION 3. Said chapter is further amended by adding a new Article 2 to read as follows:
"ARTICLE 2 12-16-20.
As used in this article, the term: (1) 'Board' means the Board of Natural Resources. (2) 'Commissioner' means the commissioner of natural resources.

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(3) 'Covered action' means the issuance by the department or the division of any state-wide or regional permit or any standard or other policy contemplated by any state environmental law or environmental regulation. (4) 'Department' means the Department of Natural Resources. (5) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (6) 'Environmental regulation' means a rule or regulation promulgated by the board to enforce or implement a state environmental law. (7) 'State environmental law' means any of the following Acts of the General Assembly, as now or hereafter amended:
(A) Part 3 of Article 2 of Chapter 4 of this title, the 'Georgia Surface Mining Act of 1968'; (B) Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act'; (C) Part 2 of Article 3 of Chapter 5 of this title, the 'Ground-water Use Act of 1972'; (D) Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawn by certain irrigation systems; (E) Part 3 of Article 3 of Chapter 5 of this title, the 'Water Well Standards Act of 1985'; (F) Part 5 of Article 3 of Chapter 5 of this title, the 'Georgia Safe Drinking Water Act of 1977'; (G) Part 3 of Article 5 of Chapter 5 of this title, the 'Georgia Safe Dams Act of 1978'; (H) Chapter 7 of this title, the 'Erosion and Sedimentation Act of 1975'; (I) Part 1 of Article 2 of Chapter 8 of this title, the 'Georgia Comprehensive Solid Waste Management Act'; (J) Part 2 of Article 3 of Chapter 8 of this title, the 'Georgia Hazardous Site Response Act'; (K) Article 9 of Chapter 8 of this title, the 'Georgia Hazardous Site Reuse and Redevelopment Act'; (L) Article 1 of Chapter 9 of this title, 'The Georgia Air Quality Act'; (M) Article 2 of Chapter 9 of this title, the 'Georgia Motor Vehicle Emission Inspection and Maintenance Act'; (N) Chapter 12 of this title, the 'Georgia Asbestos Safety Act'; (O) Chapter 13 of this title, the 'Georgia Underground Storage Tank Act'; (P) Chapter 14 of this title, relating to oil or hazardous material spills or releases; (Q) Chapter 13 of Title 31, the 'Georgia Radiation Control Act'; and (R) Any Act of the General Assembly empowering and directing the board to comply with federal statutes relating to clean water, clean air, or the environment.
12-16-21. (a)(1) Prior to the boards promulgation or amendment of any environmental

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regulation or the department or division taking any covered action, the board, the department, or the division, as appropriate, shall prepare a detailed statement of rationale:
(A) Whenever the proposed environmental regulation or covered action will exceed or differ from the requirements of any federal regulation, standard, or policy on the same subject; (B) Whenever an environmental regulation or a covered action is anticipated by the board, department, or division to have an adverse impact on the economy of the state of $1 million or more; or (C) Whenever an environmental regulation or a covered action will:
(i) Result in the removal of any specific requirement, prohibition, or duty imposed by an existing environmental regulation, standard, or policy; (ii) Result in any prohibition, requirement, or duty imposed by an existing environmental regulation, standard, or policy becoming narrower in scope of applicability; (iii) Decrease or render any requirement imposed by an existing environmental regulation, standard, or policy less stringent or restrictive; or (iv) Repeal an existing environmental regulation, standard, or policy. (2) Such statement shall accompany any notice required by Code Section 50-13-4. (b) The detailed statement of rationale shall state the basis for the regulation or covered action, including the scientific or technical basis, alternative policy considerations, and estimated cost to implement, and shall identify any studies, reports, policies, or statements of professional judgment or administrative need relied upon in developing the environmental regulation or covered action.
12-16-22. Any other provision of this article to the contrary notwithstanding, the board may adopt an environmental regulation, and the department or division may take a covered action, without presenting the required statement of rationale if the commissioner or the director of the division determines that an emergency action is necessary to protect the public health and welfare.
12-16-23. The provisions of this article are in addition to, and not in lieu of, any applicable provisions for promulgation of rules in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd offered the following amendment:
Amend the Senate Natural Resources and Environment Committee substitute to SB 172

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(LC 25 3179S) by inserting between lines 31 and 32 of page 3 the following: "(c) The scope and level of detail of each detailed statement of rationale shall be
determined by the director of the division or the commissioner, pursuant to criteria established by rule or regulation of the board."

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

Y Harbison Y Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B N Kemp,R N Lamutt N Lee E Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed E 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 E Thomas,R Y Thompson N Tolleson N Unterman N Williams N Zamarripa

On the adoption of the amendment, the yeas were 21, nays 32, and the Thompson amendment to the committee substitute was lost.

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:

N Adelman Y Balfour N Blitch Y Bowen

Y Harbison Y Harp N Henson Y Hill

Y Seay Y Shafer N Smith,F Y Smith,P

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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

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

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

On the passage of the bill, the yeas were 42, nays 11.

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

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.

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 Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson

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

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

Y Kemp,B Y Kemp,R Y Lamutt Y Lee E Levetan Y Me V Bremen Y Moody N Mullis Y Price
Reed E Seabaugh

Y Tanksley Y Tate Y Thomas,D Y Thomas,N E Thomas,R
Thompson 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 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.

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 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 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

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

E Levetan Y Me V Bremen Y Moody N Mullis Y Price Y Reed E Seabaugh

E Thomas,R Thompson
Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 1.

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

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.

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

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

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Y Hall Y Hamrick

Y Reed E Seabaugh

Y Zamarripa

On the passage of the bill, the yeas were 50, nays 1.

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

SB 256. By Senators Williams of the 19th, Adelman of the 42nd and Levetan of the 40th:

A BILL to be entitled an Act to amend Code Section 40-6-50 of the Official Code of Georgia Annotated, relating to driving on divided highways, controlled-access roadways, and emergency lanes, so as to change certain provisions of law to allow the commissioner of transportation the authority to designate the location and manner when a transit bus may operate on the emergency lanes of certain controlled-access facilities; 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 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 E Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed E Seabaugh

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

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On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 258. By Senators Unterman of the 45th, Mullis of the 53rd, Hill of the 4th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally, so as to remove vote recorders as authorized voting systems in this state and convert to direct recording electronic (DRE) voting systems; to provide for the arrangement of polling places where DRE units are used; to prohibit certain persons from providing assistance in voting; to provide for at least one handicapped accessible DRE unit in each precinct; to provide that the state shall accept the absentee ballot oath promulgated by the Presidential designee in accordance with the Help America Vote Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend SB 258 by striking "(9), and (10)" and inserting in its place "and (9)" on line 12 of page 2.
By striking lines 16 through 19 on page 2 and inserting in lieu thereof the following: "(8) To employ such assistants as may be necessary; and (8) (9) To take such other action, consistent with law, as the board may determine to".
By inserting after line 20 on page 2 the following:
"SECTION 2A. Said chapter is further amended by inserting a new Code Section 21-2-50.2 to read as follows:
'21-2-50.2. (a) The Secretary of State, as the chief election official designated under the federal Help America Vote Act of 2002, shall be responsible for coordinating the obligations of the state under the federal Help America Vote Act of 2002. (b) As the chief election official, the Secretary of State is authorized to promulgate rules and regulations to establish administrative complaint procedures as required under Section 402 of Title IV of the federal Help America Vote Act of 2002, which prescribes a process to remedy only those grievances filed under Title III of such federal act. (c) Election related complaints filed with the Secretary of State alleging violations of Title III of the federal Help America Vote Act of 2002 shall not be subject to hearing

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procedures of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," but
shall be resolved pursuant to rules and regulations promulgated under subsection (b) of
this Code section whereby the Secretary of State shall have the authority to issue a final order for complaints filed under the federal Help America Vote Act of 2002.'"

On the adoption of the amendment, the yeas were 33, 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 Y Collins Y Crotts Y Dean
Fort Y Gillis Y Golden Y Hall Y Hamrick

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

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

On the passage of the bill, the yeas were 49, nays 0.

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

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 433.

By Representatives Mitchell of the 61st, Post 3, Hugley of the 113th, Maddox of the 59th, Post 2, Watson of the 60th, Post 2, Golick of the 34th, Post 3 and others:

A BILL 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, 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 shall be covered by liability insurance; to provide for denial of a license or commission for an uninsured owner; 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 4:33 p.m.

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Senate Chamber, Atlanta, Georgia Friday, March 28, 2003
Thirty-first Legislative Day

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

Senator Williams of the 19th 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 183. By Representative Borders of the 142nd:

A BILL to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to expand the exception to the misdemeanor of tattooing near the eye when performed by an osteopath or a technician under the supervision of a licensed physician or osteopath; and for other purposes.

HB 290.

By Representatives Rogers of the 20th, Royal of the 140th and Hanner of the 133rd:

A BILL to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to current use assessment for ad valorem taxation of bona fide conservation use property, so as to include undeveloped riverside or streamside lands within buffer zones established by law or local ordinance as eligible for such assessment; and for other purposes.

HB 320.

By Representatives Orrock of the 51st, Jamieson of the 22nd, Coleman of the 65th and Sinkfield of the 50th:

A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia

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HB 372. HB 397. HB 444. HB 462.

Annotated, relating to elementary and secondary education, so as to provide for salary increases for certain school social workers who are certified as Certified School Social Worker Specialists; to provide for leave for preparing documentation required for certification; to provide for reimbursement of the program participation fee; and for other purposes.
By Representatives Dodson of the 84th, Post 1, Buckner of the 109th, Mosby of the 59th, Post 3 and Stephenson of the 60th, Post 1:
A BILL to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide for financial assistance to students, postgraduate trainees, or the parents of such for programs of study in fields in which critical personnel shortages exist in the authority's service area; and for other purposes.
By Representatives Barnes of the 84th, Post 2, Wix of the 33rd, Post 1, Hill of the 81st, Dodson of the 84th, Post 1 and Buckner of the 82nd:
A BILL to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide an affirmative defense for the unauthorized possession of firearms or other deadly weapons at public gatherings; to amend Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to transportation passenger safety, so as to provide for exceptions to certain prohibitions; and for other purposes.
By Representative Channell of the 77th:
A BILL to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, so as to prohibit operation of certain vessels on Lake Oconee; and for other purposes.
By Representatives Boggs of the 145th, Westmoreland of the 86th, Skipper of the 116th, Bordeaux of the 125th, Smith of the 129th, Post 2 and others:
A BILL to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to require a mandatory prison term; to include depiction of any portion of a minor's body part in the prohibition against sexual exploitation of children; to provide for and change certain penalties; to provide for definitions; to expand the definition of computer

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HB 468. HB 469. HB 479. HB 492. HB 506.

pornography; to create the crime of obscene Internet contact with a child; and for other purposes.
By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-7-120 of the Official Code of Georgia Annotated, relating to failure to pay estimated income tax, so as to change the method of calculating underpayment amounts; and for other purposes.
By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to tax refunds, so as to increase the period of time during which certain income tax refunds may be claimed; and for other purposes.
By Representatives Fleming of the 79th, Oliver of the 56th, Post 2 and Sinkfield of the 50th:
A BILL to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to change provisions relating to the county multiagency child fatality review committee and chairperson thereof; to change provisions relating to the membership and powers of the Georgia Child Fatality Panel; and for other purposes.
By Representatives Richardson of the 26th, O`Neal of the 117th, Royal of the 140th, Parrish of the 102nd and Burkhalter of the 36th:
A BILL to amend Code Section 48-7-40.17 of the Official Code of Georgia Annotated, relating to the income tax credit regarding establishing or relocating headquarters, so as to change a definition; to change certain procedures, conditions, and limitations; and for other purposes.
By Representatives Lunsford of the 85th, Post 2, Boggs of the 145th, Sims of the 130th, Keen of the 146th, Skipper of the 116th and others:
A BILL to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built structures, so as to provide for record ownership of manufactured homes and mobile homes and their status as personal or real property; to provide how such homes may be converted from personal property to real property and vice versa; to provide for filings with the commissioner of motor vehicle safety and the clerk of superior court and the practice and procedure in connection with such

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HB 527. HB 561. HB 597. HB 621. HB 627.

filings; to provide for related matters; to repeal Code Section 40-3-31.1 of the Official Code of Georgia Annotated, relating to replacement certificates of title for mobile homes; and for other purposes.
By Representatives Sims of the 130th and Walker of the 115th:
A BILL to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the ad valorem taxation of motor vehicles and mobile homes, so as to provide that farm equipment held in inventory for resale shall be exempt from taxation; and for other purposes.
By Representatives Henson of the 55th, Smith of the 129th, Post 2, Ashe of the 42nd, Post 2, Royal of the 140th and Crawford of the 91st:
A BILL to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to change certain provisions relating to grant certification; to provide for a definition; to provide for procedures, conditions, and limitations; and for other purposes.
By Representatives Jackson of the 124th, Post 1, Heard of the 75th, Smith of the 129th, Post 2, Porter of the 119th, Skipper of the 116th and others:
A BILL to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to reduce the number of members of the State Board of Registration for Foresters; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to reduce the number of members on certain professional licensing boards; and for other purposes.
By Representatives Buck of the 112th, Coleman of the 118th, Parrish of the 102nd and Channell of the 77th:
A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain provisions regarding the Georgia State Financing and Investment Commission and the Georgia Environmental Facilities Authority; to change certain provisions regarding authorized investments; and for other purposes.
By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to amend Chapter 1 of Title 50 of the Official Code of Georgia

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HB 697. HB 721. HB 750. HB 754.

Annotated, relating to general provisions relative to state government and state planning, so as to require publicly listed state telephone numbers to be answered by an attendant; to provide for definitions; to prohibit the use of voice mail systems by state employees except under certain circumstances; and for other purposes.
By Representatives Gardner of the 42nd, Post 3 and Ashe of the 42nd, Post 2:
A BILL to amend Article 2 of Chapter 20A of Title 33 of the Official Code of Georgia Annotated, relating to patient's right to independent review, so as to include state employees in the definition of eligible enrollee to allow for the right to independent review of a medical decision; and for other purposes.
By Representatives Jenkins of the 93rd, Crawford of the 91st, Snow of the 1st, Moraitakis of the 42nd, Post 4, Harbin of the 80th and others:
A BILL to amend Code Section 33-24-57.1 of the Official Code of Georgia Annotated, relating to health insurance identification cards, so as to prohibit insurers from using the insured's social security number for any purpose or in any manner on such card; and for other purposes.
By Representatives Lunsford of the 85th, Post 2, Greene-Johnson of the 60th, Post 3, Stephenson of the 60th, Post 1, Watson of the 60th, Post 2, Yates of the 85th, Post 1 and others:
A BILL to amend an Act creating a new charter for the City of Stockbridge, so as to revise certain provisions relating to membership of elected officials on boards, commissions, and authorities; and for other purposes.
By Representatives Ralston of the 6th, Murphy of the 14th, Post 2 and Knox of the 14th, Post 1:
A BILL to provide a homestead exemption from Dawson County ad valorem taxes for county purposes and Dawson County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 to 74 years of age and who have household incomes not exceeding $25,000.00; to provide a homestead exemption from such taxes for the full value of such homestead for certain residents of that school district who are 75 years of age or older and who have household incomes not exceeding $25,000,00; and for other purposes.

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HB 756.

By Representatives DeLoach of the 127th, Mosley of the 129th, Post 1, Smith of the 129th, Post 2, Barnard of the 121st, Post 1, Oliver of the 121st, Post 2 and others:

A BILL to create a board of elections and registration for Liberty County and provide for its powers and duties; and for other purposes.

HB 764.

By Representatives Benfield of the 56th, Post 1, Mobley of the 58th, Mangham of the 62nd, Stephenson of the 60th, Post 1, Mitchell of the 61st, Post 3 and others:

A BILL to amend an Act creating and establishing the recorder's court of DeKalb County, so as to repeal a certain provision that allows a person arrested for violation of a county ordinance to make a cash deposit with the county Chief of Police in lieu of bond; and for other purposes.

HB 765. By Representative Smith of the 110th:

A BILL to amend an Act reconstituting the Board of Education of Harris County, so as to correct technical errors and omissions in 2002 amendatory Acts; to provide that members of the board shall be nominated and elected in accordance with the Georgia Election Code in nonpartisan primaries and elections; to ratify and confirm, to the maximum extent possible, any election previously held in conformity with the provisions of this Act; and for other purposes.

HB 768. By Representative Skipper of the 116th:

A BILL to amend an Act to reconstitute the Board of Education of Marion County, so as to change the description of the education districts; and for other purposes.

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

HR 92.

By Representative Bridges of the 7th:

A RESOLUTION compensating Ms. Mavis Blackstock; and for other purposes.

The following communication was received by the Secretary:

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March 28, 2003

The State Senate Atlanta, Georgia 30334

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

Dear Frank,

On Wednesday, March 26, 2003, I voted on 2 (two) measures but my votes were not registered by the machine. These measures were SB 51 and SB 101. Apparently, I pushed it before the machine had been turned on and I was unaware that my votes had not been recorded. Please record me as a vote of "yes" on both measures.

/s/ Nathan Dean

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

SB 360. By Senators Starr of the 44th and Seay of the 34th:

A BILL to be entitled an Act to create a board of elections and registration for Clayton County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection, appointment, and certification of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for organization, meetings, procedures, records, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

SB 361. By Senators Tolleson of the 18th, Cagle of the 49th, Mullis of the 53rd, Hamrick of the 30th, Price of the 56th and others:

A BILL to be entitled an Act to be known as the "Regulatory Reform Act of 2003"; to provide for a short title, findings, and a statement of purpose; to amend Chapter 3 of Title 1 of the O.C.G.A., relating to laws and statutes, so as

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to provide that the state and each county, municipality, consolidated government, school district, or political subdivision thereof shall be bound by each statute enacted by the General Assembly and by any rule or regulation adopted pursuant to such statute; to amend Code Section 31-6-21.1 of the O.C.G.A., relating to procedures for rulemaking by the Department of Community Health, so as to correct a cross-reference; to amend Chapter 13 of Title 50 of the O.C.G.A., known as the "Georgia Administrative Procedure Act"; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 362. By Senator Golden of the 8th:
A BILL to be entitled an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County; to provide for a Board of Commissioners of Lowndes County; to provide for oaths, bonds, budgets, audits, a county manager, a clerk, minutes, compensation and expenses of commissioners, submission for approval pursuant to the federal Voting Rights Act of 1965, severability, an effective date, the repeal of existing enabling legislation and other conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SR 321. By Senators Adelman of the 42nd, Hamrick of the 30th, Kemp of the 3rd, Tanksley of the 32nd and Hooks of the 14th:
A RESOLUTION creating the Senate Study Committee on Preservation of Evidence from Criminal Cases; and for other purposes.
Referred to the Rules Committee.
The following House legislation was read the first time and referred to committee:
HB 183. By Representative Borders of the 142nd:
A BILL to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to expand the exception to the misdemeanor of tattooing near the eye when performed by an osteopath or a technician under the supervision of a licensed physician or osteopath; and for other purposes.
Referred to the Health and Human Services Committee.

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HB 290. By Representatives Rogers of the 20th, Royal of the 140th and Hanner of the 133rd:
A BILL to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to current use assessment for ad valorem taxation of bona fide conservation use property, so as to include undeveloped riverside or streamside lands within buffer zones established by law or local ordinance as eligible for such assessment; and for other purposes.
Referred to the Finance Committee.
HB 320. By Representatives Orrock of the 51st, Jamieson of the 22nd, Coleman of the 65th and Sinkfield of the 50th:
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 salary increases for certain school social workers who are certified as Certified School Social Worker Specialists; to provide for leave for preparing documentation required for certification; to provide for reimbursement of the program participation fee; and for other purposes.
Referred to the Education Committee.
HB 372. By Representatives Dodson of the 84th, Post 1, Buckner of the 109th, Mosby of the 59th, Post 3 and Stephenson of the 60th, Post 1:
A BILL to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide for financial assistance to students, postgraduate trainees, or the parents of such for programs of study in fields in which critical personnel shortages exist in the authority's service area; and for other purposes.
Referred to the Health and Human Services Committee.
HB 397. By Representatives Barnes of the 84th, Post 2, Wix of the 33rd, Post 1, Hill of the 81st, Dodson of the 84th, Post 1 and Buckner of the 82nd:
A BILL to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide an affirmative defense for the unauthorized possession of firearms or other deadly weapons at public gatherings; to amend Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,

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relating to transportation passenger safety, so as to provide for exceptions to certain prohibitions; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 433. By Representatives Mitchell of the 61st, Post 3, Hugley of the 113th, Maddox of the 59th, Post 2, Watson of the 60th, Post 2, Golick of the 34th, Post 3 and others:
A BILL 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, 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 shall be covered by liability insurance; to provide for denial of a license or commission for an uninsured owner; and for other purposes.
Referred to the Children and Youth Committee.
HB 444. By Representative Channell of the 77th:
A BILL to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, so as to prohibit operation of certain vessels on Lake Oconee; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
HB 462. By Representatives Boggs of the 145th, Westmoreland of the 86th, Skipper of the 116th, Bordeaux of the 125th, Smith of the 129th, Post 2 and others:
A BILL to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to require a mandatory prison term; to include depiction of any portion of a minor's body part in the prohibition against sexual exploitation of children; to provide for and change certain penalties; to provide for definitions; to expand the definition of computer pornography; to create the crime of obscene Internet contact with a child; and for other purposes.
Referred to the Judiciary Committee.
HB 468. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-7-120 of the Official Code of Georgia Annotated, relating to failure to pay estimated income tax, so as to change the

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1371

method of calculating underpayment amounts; and for other purposes.
Referred to the Finance Committee.
HB 469. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to tax refunds, so as to increase the period of time during which certain income tax refunds may be claimed; and for other purposes.
Referred to the Finance Committee.
HB 479. By Representatives Fleming of the 79th, Oliver of the 56th, Post 2 and Sinkfield of the 50th:
A BILL to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to change provisions relating to the county multiagency child fatality review committee and chairperson thereof; to change provisions relating to the membership and powers of the Georgia Child Fatality Panel; and for other purposes.
Referred to the Children and Youth Committee.
HB 492. By Representatives Richardson of the 26th, O`Neal of the 117th, Royal of the 140th, Parrish of the 102nd and Burkhalter of the 36th:
A BILL to amend Code Section 48-7-40.17 of the Official Code of Georgia Annotated, relating to the income tax credit regarding establishing or relocating headquarters, so as to change a definition; to change certain procedures, conditions, and limitations; and for other purposes.
Referred to the Finance Committee.
HB 506. By Representatives Lunsford of the 85th, Post 2, Boggs of the 145th, Sims of the 130th, Keen of the 146th, Skipper of the 116th and others:
A BILL to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built structures, so as to provide for record ownership of manufactured homes and mobile homes and their status as personal or real property; to provide how such homes may be converted from personal property to real property and vice versa; to provide for filings with the commissioner of motor vehicle safety and the clerk of superior court and the practice and procedure in connection with such filings; to provide for related

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matters; to repeal Code Section 40-3-31.1 of the Official Code of Georgia Annotated, relating to replacement certificates of title for mobile homes; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 527. By Representatives Sims of the 130th and Walker of the 115th:
A BILL to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the ad valorem taxation of motor vehicles and mobile homes, so as to provide that farm equipment held in inventory for resale shall be exempt from taxation; and for other purposes.
Referred to the Finance Committee.
HB 561. By Representatives Henson of the 55th, Smith of the 129th, Post 2, Ashe of the 42nd, Post 2, Royal of the 140th and Crawford of the 91st:
A BILL to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to change certain provisions relating to grant certification; to provide for a definition; to provide for procedures, conditions, and limitations; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
HB 597. By Representatives Jackson of the 124th, Post 1, Heard of the 75th, Smith of the 129th, Post 2, Porter of the 119th, Skipper of the 116th and others:
A BILL to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to reduce the number of members of the State Board of Registration for Foresters; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to reduce the number of members on certain professional licensing boards; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
HB 621. By Representatives Buck of the 112th, Coleman of the 118th, Parrish of the 102nd and Channell of the 77th:
A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain provisions regarding the Georgia

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1373

State Financing and Investment Commission and the Georgia Environmental Facilities Authority; to change certain provisions regarding authorized investments; and for other purposes.
Referred to the Finance Committee.
HB 627. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government and state planning, so as to require publicly listed state telephone numbers to be answered by an attendant; to provide for definitions; to prohibit the use of voice mail systems by state employees except under certain circumstances; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
HB 697. By Representatives Gardner of the 42nd, Post 3 and Ashe of the 42nd, Post 2:
A BILL to amend Article 2 of Chapter 20A of Title 33 of the Official Code of Georgia Annotated, relating to patient's right to independent review, so as to include state employees in the definition of eligible enrollee to allow for the right to independent review of a medical decision; and for other purposes.
Referred to the Health and Human Services Committee.
HB 721. By Representatives Jenkins of the 93rd, Crawford of the 91st, Snow of the 1st, Moraitakis of the 42nd, Post 4, Harbin of the 80th and others:
A BILL to amend Code Section 33-24-57.1 of the Official Code of Georgia Annotated, relating to health insurance identification cards, so as to prohibit insurers from using the insured's social security number for any purpose or in any manner on such card; and for other purposes.
Referred to the Insurance and Labor Committee.

HB 750. By Representatives Lunsford of the 85th, Post 2, Greene-Johnson of the 60th, Post 3, Stephenson of the 60th, Post 1, Watson of the 60th, Post 2, Yates of the 85th, Post 1 and others:
A BILL to amend an Act creating a new charter for the City of Stockbridge, so as to revise certain provisions relating to membership of elected officials on

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boards, commissions, and authorities; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 754. By Representatives Ralston of the 6th, Murphy of the 14th, Post 2 and Knox of the 14th, Post 1:
A BILL to provide a homestead exemption from Dawson County ad valorem taxes for county purposes and Dawson County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 to 74 years of age and who have household incomes not exceeding $25,000.00; to provide a homestead exemption from such taxes for the full value of such homestead for certain residents of that school district who are 75 years of age or older and who have household incomes not exceeding $25,000,00; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 756. By Representatives DeLoach of the 127th, Mosley of the 129th, Post 1, Smith of the 129th, Post 2, Barnard of the 121st, Post 1, Oliver of the 121st, Post 2 and others:
A BILL to create a board of elections and registration for Liberty County and provide for its powers and duties; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 764. By Representatives Benfield of the 56th, Post 1, Mobley of the 58th, Mangham of the 62nd, Stephenson of the 60th, Post 1, Mitchell of the 61st, Post 3 and others:
A BILL to amend an Act creating and establishing the recorder's court of DeKalb County, so as to repeal a certain provision that allows a person arrested for violation of a county ordinance to make a cash deposit with the county Chief of Police in lieu of bond; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 765. By Representative Smith of the 110th:
A BILL to amend an Act reconstituting the Board of Education of Harris County, so as to correct technical errors and omissions in 2002 amendatory

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1375

Acts; to provide that members of the board shall be nominated and elected in accordance with the Georgia Election Code in nonpartisan primaries and elections; to ratify and confirm, to the maximum extent possible, any election previously held in conformity with the provisions of this Act; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 768. By Representative Skipper of the 116th:

A BILL to amend an Act to reconstitute the Board of Education of Marion County, so as to change the description of the education districts; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HR 92. By Representative Bridges of the 7th:

A RESOLUTION compensating Ms. Mavis Blackstock; and for other purposes.

Referred to the Appropriations 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:

SB 236 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 recommendations:

SB 181 SB 291 SR 225

Do Pass by substitute Do Pass Do Pass as amended

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Mr. President:

Respectfully submitted, Senator Mullis of the 53rd District, Chairman

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 346 Do Pass as amended Respectfully submitted, Senator Brush of the 24th 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 recommendation:

SB 338 Do Pass Mr. President:

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

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 264 SB 265 SB 266

Do Pass Do Pass Do Pass

Mr. President:

SB 333 SB 336

Do Pass Do Pass

Respectfully submitted, Senator Thomas of the 54th District, Chairman

The Higher 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 244 Do Pass by substitute Respectfully submitted, Senator Hamrick of the 30th District, Chairman
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:

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1377

SB 237 SB 280 SB 282

Do Pass by substitute

SB 329 Do Pass

Do Pass by substitute

SB 344 Do Pass as amended

Do Pass

Respectfully submitted,

Senator Lamutt of the 21st District, Chairman

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

Mr. Frank Eldridge Secretary of the Senate State Capitol Atlanta, Georgia 30334

March 27, 2003

Dear Mr. Eldridge:

Due to a medical emergency I have authorized Senator Bill Hamrick to Chair the Senate Judiciary Committee schedule on Thursday, March 27, 2003 at 3:30 p.m. in the Senate Mezz.

Sincerely,

/s/ Charlie Tanksley

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 90 SB 175

Do Pass Do Pass by substitute

SB 293 SR 1

Do Pass Do Pass by substitute

Mr. President:

Respectfully submitted, Senator Hamrick of the 30th District, Acting Chair

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:

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HB 285 SB 317

Do Pass Do Pass

SB 328 SB 348

Do Pass Do Pass as amended

Mr. President:

Respectfully submitted, Senator Gillis of the 20th District, Chairman

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:

HB 455 SB 89 SB 262 SB 279

Do Pass Do Pass by substitute Do Pass as amended Do Pass

SB 283 SB 301 SB 345 SB 357

Do Pass Do Pass as amended Do Pass Do Pass by substitute

Mr. President:

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

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 330 SB 349 SR 22 SR 226 SR 265

Do Pass Do Pass Do Pass as amended Do Pass Do Pass

SR 266 SR 273 SR 303 SR 308 SR 311

Do Pass Do Pass Do Pass Do Pass as amended Do Pass

Mr. President:

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

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 277 SB 281 SB 310

Do Pass Do Pass Do Pass

SB 324 SB 347

Do Pass by substitute Do Pass

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

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1379

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 386 Do Pass

SB 292 Do Pass

HB 652 Do Pass

SB 312 Do Pass

SB 136 Do Pass as amended

SB 313 Do Pass

SB 259 Do Pass

SB 342 Do Pass

SB 260 Do Pass

SR 277 Do Pass

SB 278 Do Pass

Respectfully submitted,

Senator Unterman of the 45th District, Chairman

Mr. President:

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 recommendation:

SB 137 Do Pass by substitute Respectfully submitted, Senator Thomas of the 2nd District, Chairman
Mr. President:

The Veterans and Military 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:

HB 303 Do Pass

Respectfully submitted, Senator Harp of the 16th District, Chairman

The following legislation was read the second time:

HB 457 HR 90

SB 193 SB 198

SB 257 SB 261

SB 272 SB 294

SR 232 SR 276

SR 281

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.

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

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

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

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

Those not answering were Senators:

Hamrick Smith, F.

Hooks (Excused)

Levetan

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

Senator Squires of the 5th asked unanimous consent that Senator Levetan of the 40th be excused. The consent was granted, and Senator Levetan was excused.

The members pledged allegiance to the flag.

Senator Hall of the 22nd introduced the chaplain of the day, Reverend Clarence Moore of Augusta, Georgia, who offered scripture reading and prayer.

Senator Thomas of the 54th introduced the doctor of the day, Dr. Kevin Daus.

The following resolutions were read and adopted:

SR 314. By Senator Jackson of the 50th:

A RESOLUTION recognizing and celebrating the 125th anniversary of the founding of the City of Lavonia, Georgia; and for other purposes.

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1381

SR 315. By Senator Jackson of the 50th:
A RESOLUTION recognizing Byron Herbert Reece; and for other purposes.
SR 316. By Senator Jackson of the 50th:
A RESOLUTION recognizing September 21, 2003, as Myositis Awareness Day in Georgia; and for other purposes.
SR 317. By Senators Meyer von Bremen of the 12th and Hooks of the 14th:
A RESOLUTION recognizing Albany State University; and for other purposes.
SR 318. By Senators Henson of the 41st, Brown of the 26th and Tate of the 38th:
A RESOLUTION expressing sympathy at the passing of Claude Ramsden Glaze; and for other purposes.
SR 319. By Senators Blitch of the 7th, Williams of the 19th and Price of the 56th:
A RESOLUTION expressing regret at the loss of Dr. Spurgeon William Clark, Jr.; and for other purposes.
SR 320. By Senator Harbison of the 15th:
A RESOLUTION commending Igbo Union Atlanta; and for other purposes.
SR 322. By Senator Meyer von Bremen of the 12th:
A RESOLUTION expressing regret at the passing of Darby Pilkinton; and for other purposes.
Senator Kemp of the 3rd asked unanimous consent that Senator Thomas of the 2nd be excused. The consent was granted, and Senator Thomas was excused.
Senator Tolleson of the 18th asked unanimous consent that Senator Crotts of the 17th be excused. The consent was granted, and Senator Crotts was excused.
The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

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SENATE LOCAL CONSENT CALENDAR

Friday, March 28, 2003 Thirty-first Legislative Day

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

SB 260

Unterman of the 45th Shafer of the 48th BUFORD, CITY OF

A BILL to be entitled an Act to provide a new charter for the City of Buford; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, and compensation 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 administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a finance officer, and other personnel; to provide for rules and regulations; to provide for taxation and fees; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

SB 278

Williams of the 19th TELFAIR COUNTY

A BILL to be entitled an Act to reconstitute the Board of Commissioners of Telfair County; to provide for commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for oaths of office and surety bonds; to provide for the filling of vacancies; to provide for the compensation and expenses of the chairperson and members of the board; to provide for the compensation of the clerk and other county employees; to repeal an Act approved August 27, 1931 (Ga. L. 1931, p. 566), as amended; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 386

Hudgens of the 47th Jackson of the 50th LULA, CITY OF

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.

HB 652

Dean of the 31st POLK COUNTY

A BILL to amend an Act providing for a new board of education of Polk County, so as to provide for the election of members of the board of education by the voters of the entire county; 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 Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson Y Hill E Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee E 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 E Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the local legislation, the yeas were 50, nays 0.

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The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

SENATE RULES CALENDAR FRIDAY, MARCH 28, 2003
THIRTY-FIRST LEGISLATIVE DAY

SB 13

DUI alcohol or drugs; new offense of refusal to submit chemical testing (Substitute)(Amendment)(JUDY-9th)

(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 26, 2003.)

SB 119

Appeals in Death Penalty Cases; motion for new trial; request for DNA testing and analysis (Substitute)(JUDY-42nd)

SB 254

Whistleblowers' Protection Act for Public School Employees; prohibit retaliatory action (Substitute)(S JUDY-3rd)

SB 218

Emergency Management Employees, 911 operators or dispatchers; indemnification (PS&HS-53rd)

SB 248

Student Achievement, Office of; create; comprehensive revisions regarding education accountability (Substitute)(ED-24th)

SB 216

Charter Schools; funding; facilities fund; surplus property; bulk purchasing (Substitute)(ED-56th)

HB 347

Veterinary practice; extensively revise provisions (Substitute)(AG&CA45th) Purcell-122nd

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, March 27, 2003, pursuant to Senate Rule 143, and placed on the Senate Calendar for today, was continued on its passage:

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1385

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.
The amendment offered by Senator Stokes of the 43rd and the committee substitute as they appear in the Journal of Thursday, March 27, 2003, were automatically reconsidered.
Senator Crotts of the 17th offered the following amendment (b):
Amend the [Stokes] floor amendment (AM 19 0700) to the Senate Judiciary Committee substitute to SB 13 by striking lines 18 and 19 of page 1 and inserting the following:
"By redesignating Section 3 as Section 6, Sections 4 and 5 as Sections 13 and 14, and Section 6 as Section 17, respectively."
By striking lines 35 and 36 of page 2 and inserting the following: "Said title is further amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by striking paragraph (1) of subsection (a) and by striking subsection (e) and inserting in their places the following: '(1) Notwithstanding any contrary provision of Code Section 40-5-57 or 40-5-63 or any other Code section of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, may apply for a limited driving permit when and only when that persons drivers license has been suspended in accordance with paragraph (2) of subsection (a.1) of Code Section 40-522, or subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, or paragraph (1) of subsection (a) of Code Section 40-5-67.2.' '(e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the drivers eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following the effective date of suspension of the applicants drivers license in the case of a suspension for an

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offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57, upon the expiration of 120 days following conviction in the case of a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the drivers license. A person convicted of such offense whose drivers license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit immediately following such conviction. Upon the applicants execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her drivers license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose drivers license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicants surrender to the department of his or her drivers license and the execution of a similar affidavit, or if the drivers license has been lost, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit.'".
By striking lines 1 through 4 of page 3 in their entirety. By inserting between lines 23 and 24 of page 5 the following:
"SECTION 9. Said article is further amended in Code Section 40-5-67.2, relating to terms and conditions for suspension of license under subsection (c) of Code Section 40-5-67.1, by striking subsections (c) and (d) and inserting in lieu thereof the following:
'(c) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the departments discretion shall be guided by the drivers past driving record and performance, and the driver shall pay a restoration fee of $210.00 or $200.00 when processed by mail. (d) Any other provision of law to the contrary notwithstanding, a driver with no previous conviction for a violation of Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest, during the period of administrative suspension contemplated under this chapter, shall be entitled to a limited driving permit as provided in Code Section 40-5-64.'".

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1387

By redesignating Sections 9 through 11 as Sections 10 through 12, respectively, and Sections 14 and 15 as Sections 15 and 16, respectively.

Senator Cagle of the 49th asked unanimous consent that Crotts amendment (b) to the Stokes amendment to the committee substitute be withdrawn. The consent was granted, and the amendment was withdrawn.

On the adoption of the amendment, the yeas were 39, nays 0, and the Stokes amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 42, 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
Brush Y Bulloch Y Butler Y Cagle Y Cheeks
Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson Y Hill E Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee E Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed
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 E Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y 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.

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Senator Balfour of the 9th asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused.
The following legislation was read the third time and put upon its passage:
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.
The Senate Judiciary Committee offered the following substitute to SB 119:
A BILL TO BE ENTITLED AN ACT
To amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide that a request for postconviction DNA testing shall be made through an extraordinary motion for new trial; to provide for postconviction DNA testing of evidence in certain criminal cases; to provide procedures, limitations, conditions, and standards for the conduct of postconviction DNA testing of evidence; to provide for appeals by either party in cases where DNA testing is requested; to change provisions relating to when orders, decisions, or judgments are appealable by the state; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide standards for the retention of evidence in criminal cases; to provide for victim notification when an accused files an extraordinary motion for new trial; to provide for other related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

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Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by adding a new subsection to the end of Code Section 5-5-41, relating to general requirements for extraordinary motions for new trial, to read as follows:
"(c)(1) Subject to the provisions of subsections (a) and (b) of this Code section, a person convicted of a serious violent felony as defined in Code Section 17-10-6.1 may file a written motion before the trial court that entered the judgment of conviction in his or her case, for the performance of forensic deoxyribonucleic acid (DNA) testing. (2) The filing of the motion as provided in paragraph (1) of this subsection shall not automatically stay an execution. (3) The motion shall be verified by the petitioner and shall show or provide the following:
(A) Evidence that potentially contains deoxyribonucleic acid (DNA) was obtained in relation to the crime and subsequent indictment, which resulted in his or her conviction; (B) The evidence was not subjected to the requested DNA testing because the existence of the evidence was unknown to the petitioner or to the petitioners trial attorney prior to trial or because the technology for the testing was not available at the time of trial; (C) The identity of the perpetrator was, or should have been, a significant issue in the case; (D) The requested DNA testing would raise a reasonable probability that the petitioner would have been acquitted if the results of DNA testing had been available at the time of conviction, in light of all the evidence in the case; (E) A description of the evidence to be tested and, if known, its present location, its origin and the date, time, and means of its original collection; (F) The results of any DNA or other biological evidence testing that was conducted previously by either the prosecution or the defense, if known; (G) If known, the names, addresses, and telephone numbers of all persons or entities who are known or believed to have possession of any evidence described by subparagraphs (A) through (F) of this paragraph, and any persons or entities who have provided any of the information contained in petitioners motion, indicating which person or entity has which items of evidence or information; (H) The names, addresses, and telephone numbers of all persons or entities who may testify for the petitioner and a description of the subject matter and summary of the facts to which each person or entity may testify. (4) The petitioner shall state: (A) That the motion is not filed for the purpose of delay; and (B) That the issues raised by the petitioner and the requested DNA testing have not been litigated in a prior proceeding in the courts of this state or the United States. (5) The motion shall be served upon the district attorney and the Attorney General. The state shall file its response, if any, within 60 days of being served with the motion. The state shall be given notice and an opportunity to respond at any hearing conducted pursuant to this subsection.

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(6)(A) If, after the state files its response, if any, and the court determines that the motion complies with the requirements of paragraphs (3) and (4) of this subsection, the court shall order a hearing to occur after the state has filed its response, but not more than 90 days from the date the motion was filed.
(B) The motion shall be heard by the judge who conducted the trial that resulted in the petitioners conviction unless the presiding judge determines that the trial judge is unavailable. (C) Upon request of either party, the court may order, in the interest of justice, that the petitioner be at the hearing on the motion. The court may receive additional memoranda of law or evidence from the parties for up to 30 days after the hearing. (D) The petitioner and the state may present evidence by sworn and notarized affidavits or testimony; provided, however, any affidavit shall be served on the opposing party at least 15 days prior to the hearing. (E) The purpose of the hearing shall be to allow the parties to be heard on the issue of whether the petitioners motion complies with the requirements of paragraphs (3) and (4) of this subsection, whether upon consideration of all of the evidence there is a reasonable probability that the verdict would have been different if the results of the requested DNA testing had been available at the time of trial, and whether the requirements of paragraph (7) of this subsection have been established. (7) The court shall grant the motion for DNA testing if it determines that the petitioner has met the requirements set forth in paragraphs (3) and (4) of this subsection and that all of the following have been established: (A) The evidence to be tested is available and in a condition that would permit the DNA testing requested in the motion; (B) The evidence to be tested has been subject to a chain of custody sufficient to establish that it has not been substituted, tampered with, replaced, or altered in any material respect; (C) The evidence was not tested previously or, if tested previously, the requested DNA test would provide results that are reasonably more discriminating or probative of the identity of the perpetrator than prior test results; (D) The motion is not made for the purpose of delay; (E) The identity of the perpetrator of the crime was a significant issue in the case; (F) The testing requested employs a scientific method that has reached a scientific state of verifiable certainty such that the procedure rests upon the laws of nature; and (G) The petitioner has made a prima facie showing that the evidence sought to be tested is material to the issue of the petitioners identity as the perpetrator of, or accomplice to, the crime, aggravating circumstance, or similar transaction that resulted in the conviction. (8) If the court orders testing pursuant to this subsection, the court shall determine the method of testing and responsibility for payment for the cost of testing, if necessary, and may require the petitioner to pay the costs of testing if the court determines that

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the petitioner has the ability to pay. If the petitioner is indigent, the cost shall be paid from the fine and forfeiture fund as provided in Article 3 of Chapter 5 of Title 15. (9) If the court orders testing pursuant to this subsection, the court shall order that the evidence be tested by the Division of Forensic Sciences of the Georgia Bureau of Investigation. In addition, the court may also authorize the testing of the evidence by a laboratory that meets the standards of the DNA advisory board established pursuant to the DNA Identification Act of 1994, Section 14131 of Title 42 of the United States Code, to conduct the testing. The court shall order that a sample of the petitioners DNA be submitted to the Division of Forensic Sciences of the Georgia Bureau of Investigation and that the DNA analysis be stored and maintained by the bureau in the DNA data bank. (10) If a motion is filed pursuant to this subsection the court shall order the state to preserve during the pendency of the proceeding all evidence that contains biological material, including, but not limited to, stains, fluids, or hair samples in the states possession or control. (11) The result of any test ordered under this subsection shall be fully disclosed to the petitioner, the district attorney, and the Attorney General. (12) The judge shall set forth by written order the rationale for the grant or denial of the motion for new trial filed pursuant to this subsection. (13) The petitioner or the state may appeal an order, decision, or judgment rendered pursuant to this Code section."
SECTION 2. Said title is further amended by striking the "or" at the end of paragraph (5) of subsection (a), the period at the end of paragraph (6) of subsection (a) and inserting a "; or", and adding a new paragraph to subsection (a) of Code Section 5-7-1, relating to orders, decisions, or judgments appealable by the state, to read as follows:
"(7) From an order, decision, or judgment of a superior court granting an extraordinary motion for new trial."
SECTION 3. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Article 3 of Chapter 5, relating to disposition of property seized, by adding new Code sections at the end of the article to read as follows:
"17-5-55. (a) In all criminal cases, the court shall designate either the clerk of court, the court reporter, or any other officer of the court to be the custodian of any property that is introduced into evidence at trial while the trial is pending. Property introduced into evidence shall be identified or tagged with an exhibit number. After verdict and judgment has been entered in any criminal case, the person who has custody of the physical evidence introduced in the case shall inventory the evidence and create an evidence log within 30 days of the entry of the judgment. The evidence log shall contain the case number, style of the case, description of the item, exhibit number, the

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name of the person creating the evidence log, and the location where the physical evidence is stored. After the evidence log is completed, the judge shall designate the clerk of court, the prosecuting attorney, or the law enforcement agency involved in prosecuting the case to obtain and store the evidence, and a notation shall appear in the evidence log indicating the transfer of evidence. If evidence is transferred to any other party, the evidence log shall be annotated to show the identity of the person or entity receiving the evidence, the date of the transfer, and the location of the evidence. The signature of any person or entity to which physical evidence is transferred shall be captured through electronic means that will be linked to the evidence log or the use of a property transfer form that will be filed with the evidence log. When physical evidence, other than audio or video recordings, is transferred to any person or entity, a photograph or other visual image of the evidence shall be made and placed in the case file. (b) Physical evidence classified as dangerous or contraband by state or federal law, including, but not limited to, items described by state or federal law as controlled substances, dangerous drugs, explosives, weapons, ammunition, biomedical waste, hazardous substances, or hazardous waste shall be properly secured in a manner authorized by state or federal law. This evidence may be transferred to a government agency authorized to store or dispose of the material. (c) Documents, photographs, and similar evidence shall be maintained and disposed of in accordance with records retention schedules adopted in accordance with Article 5 of Chapter 18 of Title 50, known as the 'Georgia Records Act.' Other physical evidence that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the crime, shall be maintained in accordance with Code Section 17-5-56. A party to an extraordinary motion for new trial or a habeas corpus action in which DNA testing is sought that was filed prior to the expiration of the time prescribed for the preservation of evidence by this Code section, may apply to the court in which the defendant was convicted for an order directing that the evidence be preserved beyond the time period prescribed by this Code section and until judgment in the action shall become final. (d) Except as is otherwise provided in subsections (b) and (c) of this Code section or by law, following the expiration of the period of time set forth in subsections (b) and (c) of this Code section, physical evidence may be disposed of in accordance with the provisions of Article 5 of Chapter 12 of Title 50, known as the 'Disposition of Unclaimed Property Act' or, in the case of property of historical or instructional value, as provided in Code Section 17-5-53.
17-5-56. (a) Except as otherwise provided in Code Section 17-5-55, on or after the effective date of this Code section, governmental entities in possession of any physical evidence in a criminal case, including, but not limited to, a law enforcement agency or a prosecuting attorney, shall maintain any physical evidence collected at the time of the crime that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the crime as provided in this Code

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section. Biological samples collected directly from any person for use as reference materials for testing or collected for the purpose of drug or alcohol testing shall not be preserved. (b) In a case in which the death penalty is imposed, the evidence shall be maintained until the sentence in the case has been carried out. In a case that involves the prosecution of a serious violent felony as defined by Code Section 17-10-6.1, the evidence shall be maintained for ten years after judgment in the criminal case becomes final or ten years after the effective date of this Code section, whichever is later. Evidence in all other felony and misdemeanor cases may be purged."
SECTION 4. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 17-17-12, regarding notification to a victim of an accuseds motion for new trial or appeal including death penalty cases, and inserting in lieu thereof the following:
"(1) That the accused has filed a motion for new trial, or an appeal of his or her conviction, or an extraordinary motion for new trial;"
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Notwithstanding the provisions of subsection (b) of Code Section 5-5-41, any person convicted of a serious violent felony as defined in Code Section 17-10-6.1, which conviction was imposed prior to the effective date of this Act, who has, prior to the effective date of this Act, filed an extraordinary motion for new trial, may file an extraordinary motion for new trial pursuant to Section 1 of this Act if the issue of DNA testing was not raised in the prior extraordinary motion for new trial. In any extraordinary motion for new trial allowed pursuant to Section 1 of this Act, the court shall not have jurisdiction to reconsider any other issue raised in the first extraordinary motion for new trial. Notwithstanding the provisions of subparagraph (c)(4)(B) of Code Section 5-5-41, any person convicted of a serious violent felony as defined in Code Section 17-10-6.1, which conviction was imposed prior to the effective date of this Act, who has, prior to the effective date of this Act, previously litigated in a court of this state or the United States the issue of postconviction DNA testing and who was denied DNA testing may file an extraordinary motion for new trial pursuant to Section 1 of this Act.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, 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.

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

Y Harbison Y Harp Y Henson Y Hill E Hooks
Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee E 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
Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D
Thomas,N E Thomas,R Y Thompson Y Tolleson E Unterman
Williams Y Zamarripa

On the passage of the bill, the yeas were 45, nays 0.

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

SB 254. By Senators Kemp of the 3rd, Hamrick of the 30th, Meyer von Bremen of the 12th, Starr of the 44th and Brush of the 24th:

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 enact the "Whistleblowers Protection Act for Public School Employees;" to provide a short title and definitions; to prohibit retaliatory actions against any public school employee for disclosure, providing information to a public body concerning, objection to or refusal to participate in any activity, policy, or practice that the employee reasonably believes in violation of a law, rule, regulation, ordinance, or policy or that the employee reasonably believes poses a risk to public health, safety, or the environment; to provide for civil actions and remedies; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The Senate Special Judiciary Committee offered the following substitute to SB 254:

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 enact the "Whistleblowers Protection Act for Public School Employees"; to provide a short title and definitions; to prohibit retaliatory actions against any public school employee for disclosure, providing information to a public body concerning, objection to or refusal to participate in any activity, policy, or practice that the employee reasonably believes in violation of a law, rule, regulation, ordinance, or policy or that the employee reasonably believes poses a risk to public health, safety, or the environment; to provide for civil actions and remedies; to waive immunity of local units of administration, local boards of education, and local school districts or systems; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary

and secondary education, is amended by inserting a new article to be designated Article

32 to read as follows:

"ARTICLE 32

20-2-2080.

This article may be cited as the 'Whistleblowers Protection Act for Public School

Employees.'

20-2-2081.

As used in this Code section, the term:

(1) 'Employee' means any public school employee, full or part-time, performing a

service for wages or other compensation for a local unit of administration, board of

education, or school system, but does not include an independent contractor.

(2) 'Employer' means a local unit of administration, local board of education, or

county, city, or independent school district or school system.

(3) 'Public body' means:

(A) The United States Congress, the Georgia General Assembly or any committee

thereof, or any other state legislature;

(B) Any federal, state, or local judge, or any employee thereof, or any member of a

grand or petit grand jury;

(C) Any federal, state, or local regulatory, administrative, or public agency or

authority, or instrumentality thereof;

(D) Any federal, state, or local law enforcement agency, prosecutorial office, or

police or peace officer; or

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(E) Any board, commission, bureau, division, office, committee, or commission of any of the public bodies described in this subsection. (4) 'Retaliatory action' means the discharge, nonrenewal, suspension, demotion, transfer, reprimand, reduction in salary or benefits, or other adverse employment action, or any oral or written threat of such action, against an employee in the terms and conditions of employment. (5) 'Supervisor' means any individual to whom an employer has given the authority to direct and control the work performance of the affected employee and who has authority to take corrective action regarding the violation of the law, rule, regulation, ordinance, or policy of which the employee complains.
20-2-2082. An employer or supervisor shall not take any retaliatory action against an employee because the employee, or a person acting on behalf of the employee, does any of the following:
(1) Discloses, or threatens to disclose, to a supervisor, employers, or a public body, any activity, policy, or practice of the employer or supervisor that the employee in good faith reasonably believes is in violation of a law, rule, regulation, ordinance, or policy promulgated pursuant to law, or which the employee in good faith reasonably believes poses a risk to public health, safety, or the environment; (2) Provides information to, or testifies before, any public body with authority to conduct an investigation, hearing, or inquiry into any violation of a law, rule, regulation, ordinance, or policy promulgated pursuant to law, or into any activity, policy, or practice which the employee in good faith reasonably believes poses a risk to public health, safety, or the environment by a supervisor or the employer; or (3) Objects to or refuses to participate in any activity, policy, or practice which the employee in good faith reasonably believes is in violation of a law, rule, regulation, ordinance, or policy promulgated pursuant to law, or any activity, policy, or practice which the employee in good faith reasonably believes poses a risk to public health, safety, or the environment by a supervisor or the employer.
20-2-2083. Any employee or former employee aggrieved by a violation of this article may, within two years, institute a civil action in the superior court of the county in which the violation occurred. Any party to such action shall be entitled upon request to a jury trial. All remedies available in common law tort actions shall be available to prevailing plaintiffs. Additionally, the court may:
(1) Issue temporary restraining orders or preliminary or permanent injunctions to restrain continued violations; (2) Reinstate the employee to the same position held before the retaliatory action or to a substantially equivalent position and in either case at the same or greater salary and benefits as they existed before the retaliatory action;

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(3) Compensate the employee for up to three times the lost wages, benefits, and other remuneration, and interest thereon; and (4) Order payment by the employer of reasonable attorneys fees and costs.

20-2-2084. To the extent it might otherwise apply, any immunity of local units of administration, local boards of education, and local school districts or systems is waived and abolished to the extent of liability for the remedies and relief allowed under Code Section 20-22083 for violations of the article."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, 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
Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean
Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson Y Hill E Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee E 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
Thomas,N E Thomas,R Y Thompson Y Tolleson E Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

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

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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.

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 Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson Y Hill E Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee E 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
Stephens Y Stokes Y Tanksley
Tate Y Thomas,D Y Thomas,N E 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.

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Senator Kemp of the 46th asked unanimous consent that Senator Tolleson of the 18th be excused. The consent was granted, and Senator Tolleson was excused.
The Calendar was resumed.
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.
The Senate Education Committee offered the following substitute to SB 248:
A BILL TO BE ENTITLED AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, 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 change certain provisions regarding capital outlay funds; to change certain provisions regarding effectiveness assessment; to change certain provisions regarding implementation of certain criteria; to change certain provisions regarding creation of the Georgia Closing the Achievement Gap Commission; to change certain provisions regarding the Education Steering Committee; to change certain provisions regarding cooperation of school officials with respect to attendance; to change certain provisions regarding nonrenewal procedures; to change certain provisions regarding certain regulatory authority; to change certain provisions regarding powers and duties of the Professional Standards Commission; to provide for the comprehensive revision of provisions regarding the Education Coordinating Council; to transfer powers, duties, and responsibilities of education accountability and the accountability division; to provide for the comprehensive revision of accountability assessment; to change certain provisions regarding postsecondary accountability assessment; to change certain provisions regarding pre-kindergarten accountability assessment; to change certain provisions regarding education work force accountability; to repeal certain provisions

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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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking subsection (l) of Code Section 20-2-154.1, relating to alternative education programs, and inserting in its place a new subsection (l) to read as follows:
"(l) The State Board of Education shall adopt rules necessary to administer the provisions of this Code section. Academically, the mission of alternative education programs shall be to enable students to perform at grade level. Annually, the Office of Education Accountability State Board of Education shall define for alternative education programs acceptable performance and performance indicating a need for peer review, based principally on standards defined by the Office of Education Accountability State Board of Education that measure the academic progress of students toward performing at grade level while attending an alternative education program."
SECTION 2. Said title is further amended by striking subsection (g) of Code Section 20-2-161.1, relating to enrollment in postsecondary courses, and inserting in its place a new subsection (g) to read as follows:
"(g) The department shall pay the fees charged for advanced placement tests taken by any eligible high school student who successfully completes an approved advanced placement course according to rules set by the State Board of Education subject to appropriation by the General Assembly. The local high school principal shall certify to the department the number of students taking the advanced placement tests, the total fees charged, and such additional information as the department requires regarding advanced placement tests, and the department shall make payments directly to the testing service from funds dedicated to this purpose within the secondary option grant account."
SECTION 3. Said title is further amended by striking Code Section 20-2-212.3, relating to increasing teachers salaries in shortage areas, and inserting in its place a new Code Section 20-2212.3 to read as follows:
"20-2-212.3. (a) The State Board of Education shall identify schools and local school systems in the state where an insufficient supply of qualified teachers is available to deliver instruction in the fields of mathematics, science, special education, or foreign language, based on criteria defined by the State Board of Education, and the Professional Standards Commission, and the Office of Education Accountability. Upon determination of

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shortages each year, the State Board of Education shall request funds sufficient to provide for salary increases not to exceed one additional step on the state salary schedule for which the teacher would otherwise have been entitled for positions contracted for in those locations and fields during the school year. Funding shall be based on the number of eligible positions identified for the previous school year, subject to appropriation by the General Assembly. Upon receiving three such salary increases, a teacher shall become ineligible for additional salary increases under this Code section. (b) The criteria used for assessing whether or not an insufficient supply of qualified teachers is available and the data used in making the determination that a shortage exists shall be submitted by the Office of Education Accountability State Board of Education to the chairpersons of the Education Committees of the House of Representatives and the Senate no later than December 1 of each year."
SECTION 4. Said title is further amended by striking subsection (m) of Code Section 20-2-260, relating to capital outlay funds, and inserting in its place a new subsection (m) to read as follows:
"(m) The State Board of Education shall implement a computerized student projection program for each school system in Georgia as a component of the state-wide comprehensive kindergarten through grade 12 educational information system. The program shall be used in this subsection to forecast facility needs in each system by projecting full-time equivalent student counts for each grade level and shall be written in the educational facilities survey. The projection program methodology at least must correlate live-birth data to full-time equivalent student counts and project full-time equivalent student counts for each of the grades, including kindergarten, for each of the next five years using cohort survival."
SECTION 5. Said title is further amended by striking Code Section 20-2-281, relating to effectiveness assessment, and inserting in its place a new Code Section 20-2-281 to read as follows:
"20-2-281. (a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Nationally norm-referenced instruments in reading, mathematics, science, and social studies shall be administered to students in grades three, five, and eight. The State Board of Education shall review, revise, and upgrade the quality core curriculum. Following the adoption of this revised curriculum, the State Board of Education shall contract for development of criterion-referenced competency tests to measure the quality core curriculum. Such tests in English and language arts, mathematics, and reading shall be administered annually to students in grades one

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through eight, and such tests in science and social studies shall be administered annually to students in grades three through eight. This action shall be completed according to a schedule established by the State Board of Education. A curriculumbased assessment shall be administered in grade 11 for graduation purposes. Writing assessments shall be administered to students in grades three, five, eight, and 11. The writing assessments shall provide students and their parents with performance outcome measures resulting from the administration of such tests. (b) The nationally normed assessments provided for in subsection (a) of this Code section shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests. Criterion-referenced tests and the high school graduation test provided for in subsection (a) of this Code section shall provide for results that reflect student achievement at the individual student, classroom, school, system, and state levels. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP) and may participate in any other tests that will allow benchmarking this states performance against national or international performance. The results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code Section 20-2-151. One of the components in the awarding of salary supplements as part of a pay for performance or related plan pursuant to Code Section 20-2-213 or other Code sections under this article may be assessments of student achievement. (b.1) The State Board of Education shall notify local school systems and individual schools of the results of the assessment instruments administered under this Code section at the earliest possible date determined by the state board, but not later than the beginning of the subsequent school year. (c) The State Board of Education shall have the authority to condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section. The state board is authorized and directed to adopt regulations providing that any disabled child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said regulations shall further provide for appropriate accommodations in the administration of such test. Said regulations shall further provide for the awarding of a special education diploma to any disabled student who is lawfully assigned to a special education program and who does not achieve a passing score on said test or who has not completed all of the requirements for a high school diploma but who has nevertheless completed his or her Individualized Education Program.
(d)(1) The State Board of Education shall develop or adopt alternate assessments to be administered to each student receiving special education services pursuant to Code Section 20-2-152 who does not receive instruction in the essential knowledge and

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skills identified in the quality core curriculum developed pursuant to Code Section 202-140 and for whom the assessment instruments adopted under subsection (a) of this Code section, even with allowable modifications, would not provide an appropriate measure of student achievement, as determined by the students Individualized Education Program team. A students Individualized Education Program may serve as an alternate assessment for that student. Students with alternate assessments shall not be counted for the state accountability purposes provided for in this article. (2) A students Individualized Education Program team shall determine appropriate participation in assessment and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act. (e) The State Board of Education shall adopt end-of-course assessments for students in grades nine through 12 for all core subjects to be determined by the state board. For those students with an Individualized Education Program, the students Individualized Education Program team shall determine appropriate participation in assessments and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act. (f) Under rules adopted by the State Board of Education, the Department of Education shall, subject to appropriations by the General Assembly, release the questions and answer keys of all state mandated tests solely for Georgia students to each criterionreferenced competency test administered under subsection (a) of this Code section and each end-of-course test administered under subsection (e) of this Code section after the last time the instrument is administered for a school year. To ensure a valid bank of questions for use each year, the department is not required to release a question that is being field tested and was not used to compute the students score on the instrument. (g) The State Board of Education, through the Department of Education, shall administer the end-of-course assessments for core subject areas as defined by state board policy. The state board shall promulgate a schedule for the development and administration of all end-of-course tests by December 1, 2000. (h) The Department of Education shall develop study guides for the criterionreferenced tests and end-of-course assessments other state-wide tests administered solely for Georgia students pursuant to subsections (a) and (e) of this Code section. Each school system shall distribute The State Board of Education shall establish rules regarding the distribution of the study guides to students who do not perform satisfactorily on one or more parts of an assessment instrument administered under this Code section and to the parents or guardians of such students. (i)(1) The high school graduation test provided for in subsection (a) of this Code section shall continue in effect until all high school core subject end-of-course assessments have been developed and implemented, at which time the state board shall discontinue the test according to a schedule to be determined by the state board the State Board of Education implements one or more tests that supersede the high school graduation test.

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(2) The State Board of Education shall adopt rules regarding course exit requirements in regard to the implemented core subject end-of-course assessments before discontinuing the high school graduation test. (3) Local boards of education shall have the option of allowing scores on end-ofcourse assessments to be counted as part of a students grade in the course. (j)(1) In addition to the assessment instruments adopted by the State Board of Education and administered by the Department of Education, a local school system may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level. Such locally adopted assessment instruments may not replace the states adopted assessment instruments for purposes of the state accountability programs, except as otherwise provided in paragraph (2) of this subsection program. A local school system shall be responsible for all costs and expenses incurred for locally adopted assessment instruments. Students with Individualized Education Programs must be included in the locally adopted assessments or provided an alternate assessment in accordance with the federal Individuals with Disabilities Education Act. (2) The State Board of Education shall have the authority to grant waivers until Fiscal Year 2003 to local boards of education exempting said boards from the administration of the state criterion-referenced competency tests at any or all of the subject areas and grade levels for which the local board of education implements a locally developed criterion-referenced competency test or tests based on the Quality Core Curriculum which increases the expectations for student achievement beyond that of the applicable state criterion-referenced competency test or tests and meets all other requirements of this Code section, including reliability and validity requirements, with the exception of subsection (f) of this Code section. Local boards of education with such waivers shall submit to the State Board of Education school and local school system score reports of the locally developed criterion-referenced competency tests. (k) In adopting academic skills assessment instruments under this Code section, the State Board of Education or local school system shall ensure the security of the instruments in their preparation, administration, and scoring. Notwithstanding any other provision of law, meetings or portions of meetings held by the state board or a local board of education at which individual assessment instruments or assessment instrument items are discussed or adopted shall not be open to the public, and the assessment instruments or assessment instrument items shall be confidential. (l) The results of individual student performance on academic skills assessment instruments administered under this Code section shall be confidential and may be released only in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g. (m) Overall student performance data shall be disaggregated by ethnicity, sex, socioeconomic status, disability, language proficiency, grade level, subject area, school, and system and other categories determined by rules of the State Board of Education. (n) Student performance data shall be made available to the public, with appropriate interpretations, by the State Board of Education, the Office of Education

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Accountability, and local school system. The information made available to the public shall not contain the names of individual students or teachers. (o) Teachers in grades one through 12 shall be offered the opportunity to participate annually in a staff development program on the use of tests within the instructional program designed to improve students academic achievement. This program shall instruct teachers on curriculum alignment related to tests, disaggregated student test data to identify student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education."
SECTION 6. Said title is further amended by striking subsection (b) of Code Section 20-2-283, relating to implementation of certain criteria, and inserting in its place a new subsection (b) to read as follows:
"(b) Such criteria as adopted by the State Board of Education shall require the following for students in grades three, five, and eight:
(1) No student shall be promoted, except as provided in this Code section, to: (A) The fourth grade program to which the student would otherwise be assigned if the student does not achieve grade level as defined by the Office of Education Accountability in accordance with Code Section 20-14-31 on the third grade criterion-referenced reading assessment developed in accordance with subsection (a) of Code Section 20-2-281 and meet the promotional standards and criteria established by the State Board of Education and by the local school board for the school that the student attends; (B) The sixth grade program to which the student would otherwise be assigned if the student does not achieve grade level as defined by the Office of Education Accountability in accordance with Code Section 20-14-31 on the fifth grade criterion-referenced mathematics assessment and fifth grade criterion-referenced reading assessment developed in accordance with subsection (a) of Code Section 20-2-281 and meet the promotional standards and criteria established by the State Board of Education and by the local school board for the school that the student attends; or (C) The ninth grade program to which the student would otherwise be assigned if the student does not achieve grade level as defined by the Office of Education Accountability in accordance with Code Section 20-14-31 on the eighth grade criterion-referenced mathematics assessment and eighth grade criterion-referenced reading assessment developed in accordance with subsection (a) of Code Section 20-2-281 and meet the promotional standards and criteria established by the State Board of Education and by the local school board for the school that the student attends;
(2) When a student does not perform at grade level on any criterion-referenced assessment specified in paragraph (1) of this subsection then the following shall occur:

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(A) The parent or guardian of the student shall be notified in writing by first-class mail by the school principal or such officials designee regarding the students performance below grade level on the assessment instrument, the retest to be given the student, the accelerated, differentiated, or additional instruction program to which the student is assigned, and the possibility that the student might be retained at the same grade level for the next school year; (B) The student shall be retested with a criterion-referenced assessment or an alternative assessment instrument that is appropriate for the students grade level as provided for by the State Board of Education and the local board of education; and (C) The student shall be given an opportunity for accelerated, differentiated, or additional instruction in the applicable subject; and (3) When a student does not perform at grade level on any criterion-referenced assessment specified in paragraph (1) of this subsection and also does not perform at grade level on a second additional opportunity as provided for in paragraph (2) of this subsection then the following shall occur: (A) The school principal or the principals designee shall retain the student for the next school year except as otherwise provided in this subsection; (B) The school principal or the principals designee shall notify in writing by firstclass mail the parent or guardian of the student and the teacher regarding the decision to retain the student. The notice shall describe the option of the parent, guardian, or teacher to appeal the decision to retain the student and shall further describe the composition and functions of the placement committee as provided for in this subsection, including the requirement that a decision to promote the student must be a unanimous decision of the committee; (C) If the parent, guardian, or teacher appeals the decision to retain the student, then the school principal or designee shall establish a placement committee composed of the principal or the principals designee, the students parent or guardian, and the teacher of the subject of the assessment instrument on which the student failed to perform at grade level and shall notify in writing by first-class mail the parent or guardian of the time and place for convening the placement committee; (D) The placement committee shall:
(i) Review the overall academic achievement of the student in light of the performance on the criterion-referenced assessment and the standards and criteria as adopted by the local board of education and make a determination to promote or retain. A decision to promote must be a unanimous decision and must determine that if promoted and given accelerated, differentiated, or additional instruction during the next year, the student is likely to perform at grade level as defined by the Office of Education Accountability in accordance with Code Section 20-14-31 by the conclusion of the school year; and (ii) Prescribe for the student, whether the student is retained or promoted, such accelerated, differentiated, or additional instruction as needed to perform at grade level by the conclusion of the subsequent school year, prescribe such additional assessments as may be appropriate in addition to assessments administered to

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other students at the grade level during the year, and provide for a plan of continuous assessment during the subsequent school year in order to monitor the progress of the student; (E) For students receiving special education or related services, the Individualized Education Plan Committee shall serve as the placement committee; and (F) The decision of the placement committee may be appealed only as provided for by the local board of education."
SECTION 7. Said title is further amended by striking subsections (c) and (g) of Code Section 20-2286, relating to creation of the Georgia Closing the Achievement Gap Commission, and inserting in their place new subsections (c) and (g) to read as follows:
"(c) The commission shall be authorized to: (1) Gather accurate and reliable data and research information pertaining to the status of at-risk students in the Georgia public school system; (2) Identify and visit education programs and other efforts within and outside Georgia that appear to be successful in yielding significant positive results for at-risk students; (3) Consult with higher education faculty members and other persons who have been engaged in extensive research and observation related to these issues and encourage their direct involvement in the activities of the commission; (4) Conduct hearings throughout the state for the purpose of obtaining meaningful information regarding successful education programs and efforts related to those concerns; (5) Identify, consult, and meet with representatives of national, regional, and statelevel organizations and agencies that could be particularly helpful in addressing the concerns of at-risk student achievement; (6) Devise recommendations regarding steps that should be taken to address the concerns of at-risk student achievement and the steps that should be taken separately and collectively by: (A) State government agencies; (B) Local government agencies; (C) Public schools and higher education institutions; (D) Nonprofit organizations; (E) Professional educational organizations; (F) Foundations; (G) Faith based organizations or institutions; (H) Civic organizations; (I) The business community; and (J) Other entities; and (7) Receive reports from and consult with the Office of Education Accountability Department of Education regarding the student achievement results including all disaggregated student achievement data."

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"(g) The commission shall be provided staff and administrative support by the Office of Education Accountability to carry out the authority described in this Code section Office of Planning and Budget and the Department of Education."
SECTION 8. Said title is further amended by striking Code Section 20-2-320, relating to the Education Information Steering Committee, and inserting in its place a new Code Section 20-2-320 to read as follows:
"20-2-320. (a) The Governor shall appoint a steering an advisory committee, which shall be named the Education Information Steering Advisory Committee, composed of representatives from the Department of Education, the Department of Technical and Adult Education, the Board of Regents of the University System of Georgia, the office of the Governor, the Office of Planning and Budget, the Department of Audits and Accounts, the Georgia Technology Authority, the Office of School Readiness, the Professional Standards Commission, the Office of Education Accountability, the State Data and Research Center at the Georgia Institute of Technology, the Georgia Public Telecommunications Commission, the Legislative Budget Office, and local school systems. The steering advisory committee, with the approval of the State Board of Education, shall identify the data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the components of public education in Georgia. The steering advisory committee, with the approval of the State Board of Education, shall identify data that shall be required from local units of administration, public libraries, public colleges and universities through the Board of Regents of the University System of Georgia, pre-kindergarten programs, the Professional Standards Commission, and postsecondary technical colleges and schools for the implementation of this article. Further, the steering advisory committee shall develop a provide advice to the State Board of Education related to the design for a state-wide comprehensive of a kindergarten through grade 12 educational information system which will provide for the accurate, seamless, and timely flow of information from local and regional education agencies, units of the University System of Georgia, and technical schools and colleges to the state. The design shall include hardware, software, data, collection methods and times, training, maintenance, communications, security of data, and installation specifications and any other relevant specifications needed for the successful implementation of this system. No student shall be identifiable by name in that portion of the pre-kindergarten kindergarten through grade 12 record stored at the state level unless encoded, and any identification number shall be encoded to prevent unauthorized use of a students information; provided, however, that full-time equivalent student data collected pursuant to Code Section 20-2-160 shall be identifiable for audit purposes in separate files. The steering committee shall present such recommendations to the Education Coordinating Council. Upon approval of the boards of the respective education agencies, the steering committee shall issue appropriate requests for proposals to

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implement a state-wide comprehensive educational information system, subject to appropriation by the General Assembly. The State Data and Research Center, at the direction of the Education Coordinating Council and working through the steering committee, shall initiate contracts with appropriate vendors and local units of administration for the procurement of services, purchase of hardware and software, and for any other purpose as directed by the Education Coordinating Council, consistent with appropriation by the General Assembly. (b) The State Board of Education, the Board of Technical and Adult Education, the Board of Regents of the University System of Georgia, and the Office of School Readiness shall require develop and maintain an individual student record for each student enrolled which at a minimum includes the data sufficient to assess performance for accountability purposes and conduct research related to school improvement and shall report to the Education Coordinating Council specifications recommended by the steering committee and approved by the Education Coordinating Council. The Professional Standards Commission shall maintain an individual data record for each certificated person employed in a public school. (c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Office of School Readiness; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; the Education Coordinating Council; the Professional Standards Commission; the State Data and Research Center and units under contract to the State Data and Research Center; the Office of Education Accountability; the education policy and research components of the office of the Governor; the Office of Planning and Budget; the Legislative Budget Office; the House Research Office; and the Senate Research Office. Any information collected over the state-wide comprehensive kindergarten through grade 12 educational information system, including individual student records and individual personnel records, shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the system but which is temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals. All data maintained for this system shall be used for educational purposes only. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. Any information collected over the state-wide comprehensive kindergarten through grade 12 educational information system which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations, Education, and Higher Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies.

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(d) The State Data and Research Center through the Board of Regents of the University System of Georgia shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the system. The State Data and Research Center shall submit quarterly reports to the Education Coordinating Council that include budgetary data reflecting expenditures related to the state-wide comprehensive educational information system. (e)(d) The state-wide comprehensive kindergarten through grade 12 educational information system shall be fully completed by July 1, 2003, completed and implemented on a schedule determined by the State Board of Education subject to appropriation by the General Assembly for this purpose; provided, however, that the steering committee shall have the authority to specify components which, in its judgment, cannot be completed until July 1, 2004. During the phased implementation of the system, highest priority shall be given to the electronic transmission of complete full-time equivalent counts, the uniform budgeting and accounting system, and complete salary data for each local school system. All pre-kindergarten programs, local units of administration for grades kindergarten through 12, technical schools and colleges, public libraries, public colleges and universities, and regional educational service agencies shall provide data to the State Data and Research Center as required by their respective boards and agencies. Notwithstanding any provision of this Code section article to the contrary, no the State Board of Education may withhold funds a local school system shall earn earns funds under Code Section 20-2-186 for superintendents, assistant superintendents, or principals central administration if the local unit of administration fails to comply with the provisions of this Code section. (f)(e) Notwithstanding any other provision of law, the State Data and Research Center State Board of Education is authorized to and shall obtain and provide to the Department of Public Safety Motor Vehicle Safety, in a form to be agreed upon between the State Data and Research Center Department of Education and the Department of Public Safety Motor Vehicle Safety, enrollment, attendance, and suspension information regarding minors 15 through 17 years of age reported pursuant to Code Sections 20-2-690 and 20-2-697, to be used solely for the purposes set forth in subsection (a.1) of Code Section 40-5-22."
SECTION 9. Said title is further amended by striking Code Section 20-2-697, relating to cooperation of school officials regarding attendance, and inserting in its place a new Code Section 202-697 to read as follows:
"20-2-697. (a) Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public schools in the local school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing, to the visiting teacher or attendance officer of the local school system the names, ages, and residences of all students in attendance at their schools and classes within 30 days

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after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any such attendance records and reports which identify students by name shall be used only for the purpose of providing necessary attendance information required by the state board or by law, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety Motor Vehicle Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22. Such attendance records shall also be maintained in a format which does not identify students by name, and in this format shall be a part of the data collected for the student record component of the state-wide comprehensive kindergarten through grade 12 educational information system pursuant to subsection (b) of Code Section 20-2-320. (b) Any person failing to carry out the duties required by subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $100.00. (c) The provisions of this Code section shall not apply to private schools or home study programs, and enrollment and attendance information required for private schools or home study programs and penalties for failure to comply with such requirements shall be as provided in Code Section 20-2-690."
SECTION 10. Said title is further amended by striking subsection (d) of Code Section 20-2-942, relating to certain nonrenewal procedures, and inserting in its place new subsections (d) and (e) to read as follows:
"(d) A person who first becomes a teacher on or after July 1, 2000, shall not acquire any rights under subsections (a) through (c) of this Code section to continued employment with respect to any position as a teacher. A teacher who had acquired any rights to continued employment under subsections (a) through (c) of this Code section prior to July 1, 2000, shall retain such rights.
(e)(1) A person who first becomes a teacher on or after July 1, 2000, and accepts a school year contract for the fourth consecutive school year from the same local board of education or who satisfies the terms of paragraph (4) of subsection (b) of this Code section, if he or she is to be demoted or his or her contract is not to be renewed, the executive officer of the local board of education shall present such decision to the local board of education for such procedural action as the local board deems appropriate. Such teacher has the procedural right to petition the Professional Standards Commission to hear one review relating to any nonrenewal of such teachers contract or demotion. If such a review is granted, then it shall be heard by the Professional Standards Commission within 30 days after the petition is granted. Notwithstanding any powers or duties provided to the Professional Standards

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Commission under Code Sections 20-2-981 through 20-2-989.1, any decision of the Professional Standards Commission to uphold or overturn the action of the local board of education shall not affect the certificate of the teacher. (2) The Professional Standards Commission shall promulgate procedural rules to govern the procedural reviews under this subsection. (3) Notwithstanding any other provision of law to the contrary, the decision of the Professional Standards Commission in a review under this subsection shall be final, and neither party shall have the right to appeal the decision of the Professional Standards Commission to any court or to any other reviewing entity. (4) Nothing in this subsection shall be construed to establish any claim of entitlement to any rights that would be reviewable in any court, including without limitation any rights that would operate as a basis for establishing due process claims under the United States Constitution or the Constitution of the State of Georgia. (5) In the event any court of competent jurisdiction holds that this subsection or any procedure or decision under this subsection confers upon any teacher any right establishing the basis for a due process claim, this subsection shall become null and void. (6) This subsection shall become effective beginning October 1, 2003."

SECTION 11.

Said title is further amended by striking Code Section 20-2-945, relating to regulatory

authority, and inserting in its place a new Code Section 20-2-945 to read as follows: "20-2-945.

The State Board of Education, and local boards of education, and the Professional

Standards Commission may adopt rules and regulations to implement this part not inconsistent with this part."

SECTION 12.

Said title is further amended by adding a new subsection at the end of Code Section 20-2-

988, relating to duties and authority of the Professional Standards Commission, to be

designated as subsection (e), to read as follows: "(e) The commission shall have the authority to review petitions and conduct reviews

regarding teachers hired on or after July 1, 2000, as provided in subsection (e) of Code

Section 20-2-942, including cases in which there has also been a breach of the Code of Ethics."

SECTION 13.

Said title is further amended by striking Article 1 of Chapter 14, relating to general

provisions regarding the Education Coordinating Council, and inserting in its place a new

Article 1 to read as follows:

"ARTICLE 1

20-14-1.

The General Assembly finds in regard to the creation of an Education Coordinating

Council that said council should:

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(1) Provide a forum for interagency communication regarding educational policy and programs; (2) Provide for the effective and efficient coordination and seamlessness of public education programs and components within the education system of Georgia; (3) Prevent unnecessary duplication of services within the education system of Georgia; and (4) Oversee and review Review all education accountability programs from prekindergarten through postsecondary education in Georgia.
20-14-2. There is created an education council to be known as the 'Education Coordinating Council' or 'council' and as used in this chapter, the term 'council' shall mean the Education Coordinating Council.
20-14-3. (a) The council shall consist of the Governor, the State School Superintendent, the chairperson of the State Board of Education, the chancellor of the University System of Georgia, the chairperson of the Board of Regents of the University System of Georgia, the commissioner of technical and adult education, the chairperson of the State Board of Technical and Adult Education, the executive secretary of the Professional Standards Commission, the chairperson of the Professional Standards Commission, and the director of the Office of School Readiness. (b) The Governor shall be the chairperson of the council. A vice chairperson and a secretary shall be selected by the members of the council as prescribed in the councils bylaws. (c) Meetings of the council shall be held quarterly, or more frequently, on the call of the chairperson. Meetings of the council shall be held with no less than five days days public notice for regular meetings and with such notice as the bylaws may prescribe for special meetings. Each member shall be given written notice of all meetings. All meetings of the council shall be subject to the provisions of Chapter 14 of Title 50. Minutes or transcripts shall be kept of all meetings of the council and shall include a record of the votes of each member, specifying the yea or nay vote or absence of each member, on all questions and matters coming before the council. No member may abstain from a vote other than for reasons constituting disqualification to the satisfaction of a majority of a quorum of the council on a recorded vote. No member of the council shall be represented by a delegate or agent.
20-14-4. (a) Except as otherwise provided in this part, a majority of the members of the council then in office shall constitute a quorum for the transaction of business. No vacancy on the council shall impair the right of the quorum to exercise the powers and perform the duties of the council. The vote of a majority of the members of the council present at the time of the vote, if a quorum is present at such time, shall be the act of the council

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unless the vote of a greater number is required by law or by the bylaws of the council. (b) The chairperson may designate from among the members of the council one or more committees, each consisting of two or more members of the council, which shall have and exercise such authority as the council may delegate to it under such procedures as the council may provide by resolution establishing such committee or committees.
20-14-5. The council shall issue an annual report. Copies shall be distributed to each member of the General Assembly not later than the first Monday in December of every year, commencing December 2001. The report shall include:
(1) A summary of the councils activities, findings, recommendations, and decisions over the past year; and (2) Such other matters as the council shall determine to include.
20-14-6. All departments, boards, and offices represented on the council, and the Office of Planning and Budget, and the Office of Education Accountability shall select and appoint such personnel as each such department, board, or office shall determine to be necessary to support the council in the performance of its duties, with the approval of the council. Such personnel shall serve at the direction of the council. Payment for all costs and salaries of such personnel shall come from funds appropriated to the respective departments, boards, and offices.
20-14-7. The council shall have the following powers:
(1) To have a seal and alter the same at its pleasure; (2) To adopt bylaws for its internal government and procedures; (3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the council or to further the public purpose for which the council is created; (4) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof or from the state or any agency or instrumentality thereof or from any other source for any or all of the purposes specified in this article and to comply, subject to the provisions of this article, with the terms and conditions thereof; (5) To fix and collect fees and charges for data, information, and incidental services furnished by it to any private individual or entity; (6) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; and

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(7) To promulgate rules and regulations for the purposes and pursuant to the powers enumerated in this article.
20-14-8. The council shall have the following general powers and duties, in addition to any and all other powers enumerated in this article, any or all of which may be exercised by the council directly or by the Office of Education Accountability under the direction and supervision of the council:
(1) To foster coordination and cooperation among the chief officers of the departments, boards, and offices represented on the council; (2) To develop a seamless and integrated public education system; (3) To require foster the shared and efficient expenditures for and utilization of facilities, personnel, and other resources; (4) To require facilitate the seamless coordination of curriculum among the departments, boards, and offices represented on the council; (5) To require facilitate reasonable ease of transition for students among the educational institutions represented on the council; (6) To establish and require recommend high and necessary levels of student achievement at all levels of education; (7) To exercise oversight of review accountability systems that are within or among the departments, boards, and offices represented on the council and develop overlay accountability systems through the Office of Education Accountability to include hearing annual accountability reports from the Office of School Readiness, Department of Education, Department of Technical and Adult Education, and the Board of Regents of the University System of Georgia; (8) To exercise supervision and oversight over the Office of Education Accountability created in Part 2 of Article 2 of this chapter; (9)(8) To coordinate the activities of state, regional, and local cooperative public education agencies, offices, or councils, including, but not limited to, the states regional educational service agencies or other such groups that may be created in addition or in their place; (10) To ensure the availability and quality of the education work force through preparation, professional development, and nontraditional routes to employment; (11)(9) To oversee facilitate the development and implementation of a comprehensive system-wide education student information system that will support the implementation of an education accountability system and improve the seamless operation of public education; (12) To simplify rules and regulations by all departments, boards, and offices represented on the council; (13)(10) To develop a state-wide mentoring program that enhances student achievement at all levels of public education;

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(14)(11) To establish and coordinate a school safety collaborative with representation from agencies and organizations designated by the council to improve the school climate and enhance school safety; and (15)(12) To mediate disputes among the Department of Education, the University System of Georgia, the Department of Technical and Adult Education, the Professional Standards Commission, and the Office of School Readiness, and the Office of Education Accountability in matters regarding accountability or education system seamlessness.
20-14-9. All state departments, agencies, boards, bureaus, commissions, and authorities are authorized and required to make available to the council access to records or data which are available in electronic format or, if electronic format is unavailable, in whatever format is available. The judicial and legislative branches are authorized to likewise provide such access to the council.
20-14-10. Any decision or action by the council directing action by any department, board, or office represented on the council shall be placed on the agenda of the next regularly scheduled meeting of the governing body of the affected department, board, or office for immediate action. The action taken by the affected department, board, or office shall be reported to the council at the next regularly scheduled meeting of the council.
20-14-11. (a) The Governor, as chairperson of the council, may appoint such study commissions as he or she shall deem appropriate to the purposes of this chapter to study education questions, issue findings, and make recommendations to the council. Such study commissions shall be composed of such number of residents of Georgia, with recognized interest or expertise in the field of education, as the Governor deems advisable and shall include the appointment of members of the House of Representatives, in consultation with the Speaker of the House, and members of the Senate, in consultation with the President of the Senate. The findings and recommendations of such commissions shall also be reported to the Governor, all members of the General Assembly, and the public. (b) Staff to such commissions shall be provided in the same manner as staff to the council is provided under this article. Expenses related to such personnel shall be attributed to their respective office or agency, and expenses for other commission members shall be paid through funds appropriated to the office of the Governor or in the case of members of the General Assembly through funds appropriated to the House of Representatives and the Senate."
SECTION 14. Said title is further amended by striking Part 2 of Article 2 of Chapter 14, relating to the Office of Education Accountability, and inserting in its place a new Part 2 to read as

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follows:

"Part 2

20-14-25.

(a) There is created the Office of Education Accountability The State Board of

Education shall establish within the Department of Education the Office of Student

Achievement to be referred to as the 'office' for the purposes of this chapter.

(b) The chief administrative and executive officer of the office shall be the director,

who shall be appointed by the Governor with the advice and consent of the Senate.

Subject to the general policy established by the Education Coordinating Council, the

The director of the office shall be responsible for the performance and exercise of the

duties, responsibilities, and functions, powers, and authority imposed upon granted to

the director and the office as provided by law. The director shall receive a salary to be

determined by the Governor the State Board of Education.

(c) The director shall be nominated by the State School Superintendent and approved

by the State Board of Education and can only be removed on the recommendation of

the superintendent with the approval of the State Board of Education or without the

recommendation of the superintendent by a two-thirds vote of the board.

(c) The director shall have the authority to employ all personnel of the office, subject

to the provisions of this part and all applicable provisions of other laws governing

public employment.

(d) The office may adopt a seal for its use and shall be authorized to enter into

contracts to fulfill its duties under this article.

(e) The office shall be assigned for administrative purposes only, as that term is

defined in Code Section 50-4-3, to the Office of Planning and Budget.

20-14-26. (a) The office, with the approval of the State Board of Education and without limitation, shall have the following powers and duties:
(1) To develop accountability systems with components that include but are not limited to expectations of student achievement, measurement of student achievement, data bases of such measurements, analysis of such data for trends in achievement, interventions, awards, the intended and efficient expenditure of allotted education funds, and public awareness of all such components; To create performance-based accountability system, establish indicators of performance, rate schools and school systems, develop annual report cards for elementary, middle, and secondary schools, and formulate a system of school rewards and interventions. The State Board of Education shall approve no later than December 31, 2003, a single state-wide accountability system for local schools and school systems that incorporates federal law, rules, and regulations relating to accountability; and (2) To create, develop, and recommend to the departments, boards, and offices represented on the council such additions, deletions, changes, or other modifications that will improve accountability systems that exist or may be created within or among the departments, boards, and offices represented on the council;

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(3)(2) To audit and inspect or cause to be audited or inspected for the purpose of verification, research, analysis, reporting, or for other purposes related to the performance of its powers and duties as provided in this article and for the purposes of auditing pre-kindergarten, elementary, middle grades, and secondary education, postsecondary education, and education work force programs and schools, local school systems, institutes, colleges, universities, regional educational service agencies, and other public education programs and entities as defined by the council; State Board of Education. (4) To assist the council in the development of a state-wide education student information system; (5) To serve as staff to the council; and (6) To exercise the powers and discharge duties of the council, as set forth in Code Section 20-14-8, under the supervision and oversight of the council. (b) The member agencies of the council and other departments, boards, and offices of this state shall cooperate fully with the office and shall provide the office with all information that the council deems necessary for the office to discharge its accountability duties under this article regarding the education programs and units governed by such member agencies or other departments, boards, or offices.
20-14-27. (a)(1) The office shall submit the following reports to the council:
(1) An annual report regarding pre-kindergarten education shall be submitted no later than December 1 of each year, commencing December 1, 2002. The pre-kindergarten report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for all prekindergarten and child care programs under the administrative control of the Office of School Readiness. The pre-kindergarten report shall include information concerning results of the states investment in each pre-kindergarten program; (2) An an annual report regarding elementary and secondary education shall be submitted no later than December 1 of each year, commencing December 1, 2001. The elementary and secondary education report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council State Board of Education for all elementary and secondary education programs administered by the Department of Education. The elementary and secondary education report shall include information concerning results of the states investment in each public school and each public school system;. (3) An annual report regarding postsecondary education shall be submitted no later than December 1 of each year, commencing December 1, 2002. The postsecondary education report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for all universities, colleges, institutes, and schools in the University System of Georgia and under the governance of the Department of Technical and Adult Education. The

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postsecondary education report shall include information concerning results of the states investment in each university, college, institute, and school; and (4)(2) An The Professional Standards Commission shall submit to the council an annual report regarding the Georgia education work force shall be submitted no later than December 1 of each year, commencing December 1, 2002 2003. The Georgia education work force report shall be an evaluation of the progress made on performance indicators identified and defined by the office Professional Standards Commission and approved by submitted to the council for the education work force status under the administrative control of the Professional Standards Commission. The Georgia education work force report shall contain be prepared by the Professional Standards Commissions information on the results of the states investments in teacher preparation, educators professional development, education leadership development, in-field teaching, geographic teacher shortages, alternative routes to teacher certification, and other general information and indicators on the quality of the education work force. (b) Each report The reports provided for in this Code section shall be published in a format that can be easily understood by parents and other members of the community who are not professional educators. Such reports shall be distributed to the Governor, Lieutenant Governor, President Pro Tempore of the Senate, the Speaker of the House of Representatives, the chairpersons of the Education and Higher Education committees of the Senate and House of Representatives, members of the General Assembly, members of the state education governing boards or commissions, and members of the council Education Coordinating Council. In addition, such reports shall be posted on the website of the office.
20-14-28. When the state-wide comprehensive kindergarten through grade 12 educational information system provided for in Code Section 20-2-320 becomes functional, the office Professional Standards Commission shall conduct a longitudinal study of the effect of nationally certified teachers on student performance in Georgia. Thereafter, the office Professional Standards Commission shall prepare an annual report addressing the question of whether nationally certified and Teacher Alternative Preparation Program teachers have improved student performance in Georgia and submit such report to the members of the General Assembly and the State Board of Education."
SECTION 15. Said title is further amended by striking Part 3 of Article 2 of Chapter 14, relating to accountability assessment, and inserting in its place a new Part 3 to read as follows:
"Part 3 20-14-30. The office State Board of Education shall create and implement, with the approval of the council, a state-wide grades kindergarten through grade 12 accountability

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assessment program that is performance based to ensure school accountability for the goals of improved student achievement and improved school completion.
20-14-31. Except as otherwise provided in this article, the office State Board of Education shall establish the level levels of performance considered to be satisfactory on each assessment instrument administered under Code Section 20-2-281 by establishing the standard that should be achieved by students in each subject area at each grade level. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-1427.
20-14-32. The offices state education accountability analysis and reporting program shall obtain nationally comparative results and benchmarks for the subject areas and grade levels for which criterion-referenced and nationally normed reference assessment instruments are adopted, compare Georgia results to such results, and include the findings in the reports report required of the office.
20-14-33. (a) The office shall adopt and biennially review, and revise as necessary, indicators of the quality of learning by students in an individual school. (b) The performance indicators of student achievement and school performance must be based on information that is disaggregated with respect to ethnicity, sex, disability, language proficiency, and socioeconomic status, and must include: other indicators approved by the State Board of Education.
(1) The results of assessment instruments required under Code Section 20-2-281, aggregated by grade level and subject area; (2) Dropout rates for each school; (3) Student attendance rates for each school; (4) School completion rates for each school; (5) The percentage of graduating students who attain scores on the Georgia high school graduation test required under Code Section 20-2-281 that are equivalent to a passing score on the test instrument until such time as the Georgia high school graduation test is discontinued as provided in Code Section 20-2-281; (6) The percentage of graduating students who meet the course requirements established for the recommended high school program by State Board of Education rule; (7) The percentage of students taking end-of-course assessment instruments under Code Section 20-2-281; (8) The percentage of high school students who pass the end-of-course assessment instrument in core subjects; (9) The results of the Scholastic Assessment Test or the ACT Assessment;

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(10) The percentage of students taking alternate assessments under subsection (d) of Code Section 20-2-281; (11) The average time that a student placed in an early intervention program remains before attaining grade level status and returning to regular status; and (12) Any other indicator the office recommends, the council approves, and the State Board of Education adopts. (c) Performance on the indicator shall be compared to state standards, progress on improved student achievement, and comparable performance. The state standard standards for comparison shall be established by the office as provided in Code Section 20-14-31 State Board of Education. Required improvement is defined as the progress necessary for the school or local school system to meet state standards and for its students to meet exit requirements as defined by the office pursuant to Code Section 2014-31. Comparable improvement is derived by measuring schools and local school systems against a profile developed from a total state student performance data base which exhibits substantial equivalence to the characteristics of students served by the school or system, including past academic performance, socioeconomic status, ethnicity, sex, disability, mobility, and language proficiency. Data and information regarding the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (d) The office State Board of Education shall establish individual school ratings for each school in this state for annual academic performance on the assessment instruments required under Code Section 20-2-281, with: (1) A school grade of A, B, C, D, or F on the established absolute student achievement standard; (2) A school grade of A, B, C, D, or F for the school on the progress on improved student achievement; and (3) A school performance status on other school performance indicators as defined in subsection (b) of this Code section. (e) Annually, the office shall define exemplary, acceptable, and unacceptable performance for each academic excellence indicator included under in paragraphs (2) through (12) of subsection (b) of this Code section and shall project the standards for each of those levels of performance for succeeding years. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (f) Each school system shall provide all student performance data and all other student school completion and attendance data to the Department of Educations educational information system in accordance with rules and timelines established by the office State Board of Education. (g) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of 'dropout.' All schools and school systems shall report student dropout information to the Department of Educations educational information system in accordance with rules and timelines established by the state board as provided in subsection (b) of Code Section 20-2-167. Each school system shall

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cooperate with the office in determining whether a student is a dropout under this subsection and shall adopt the uniform definition of 'dropout.' Data and information regarding the establishment of the definition and the tracking of dropout and school completion data shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (h) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of a 'below grade level' student for purposes of placing students in the early intervention program under Code Section 20-2-153 and for purposes of tracking these students for accountability purposes. Data and information regarding the establishment of the definition shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (i) The office shall annually review the performance of each school on the indicators identified in subsection (b) of this Code section and determine whether a change in the school rating status of the school is warranted.
20-14-34. (a) Each school year, the office shall prepare and distribute to each school system a report card for each school in the State of Georgia. The school report cards must be based on the most current data available disaggregated by student groups. School performance must be compared to: and ratings shall be based on performance indicators approved by the State Board of Education.
(1) Previous school and local school system performance; (2) Current school and local school system performance in relation to the absolute student achievement standards and progress on improved student achievement; and (3) Comparable school group performance. This report card on schools shall be the official state education performance report and supersedes all other reports that may be issued by departments of the state government for matters of funding, awards, and interventions. (b) The report card shall include the following information, where applicable: (1) The individual school grades as defined in subsection (d) of Code Section 20-1433; and (2) The academic excellence indicators identified in paragraphs (2) through (12) of subsection (b) of Code Section 20-14-33; (3) Teacher-student ratios; and (4) Administrative and instructional costs per student and other financial accounting information as may be required. (c) Each school year, the office shall prepare and distribute a state-wide report card, aggregated by school systems and disaggregated by student groups, reporting on the student performance and school completion results of each school in the state and a rating for each school based on the definitions as provided in subsection (d) of Code Section 20-14-33. (d) The State Board of Education shall adopt rules requiring dissemination of appropriate student performance and school completion performance portions of school

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report cards annually to the parent, guardian, conservator, or other person having lawful control of each student at the school. On written request, the local school system shall provide a copy of a school report card to any other party. These reports shall be posted on a website at both the state and the Department of Education website and the existing website of a local school system level.
20-14-35. (a) The office State Board of Education may authorize the office to:
(1) Conduct on-site audits of any school at any time, subject to the approval of the director; (2) Raise or lower any performance rating as a result of the audit; and (3) Review school fund accounting information and records to determine effective and efficient expenditure of state funds as allocated. (b) The director State Board of Education shall determine the frequency of on-site audits by the office according to annual comprehensive analyses of student performance and equity in relation to the academic excellence indicators and fund accounting assessments as adopted under subsection (b) of Code Section 20-14-34. (c) In making an on-site school performance audit, the auditor shall may obtain information from administrators, teachers, and parents of students enrolled in the local school system. The audit may not be closed until information is obtained from each of those sources. The office State Board of Education shall adopt rules regarding obtaining information from parents and using that information in the auditors report and obtaining information from teachers in a manner that prevents a school or school system from screening the information. (d) The auditors shall report to the local board of education, the local school council, and appropriate school administrators and shall report findings and recommendations concerning any necessary improvements or intervention strategies. School audit reports shall be provided to the council and the State Board of Education. (e) The director State Board of Education may authorize other school audits to be conducted under the following circumstances: (1) When excessive numbers of absences of students eligible to be tested on state assessment instruments are determined; or (2) When a school or school system has not provided student performance information to the Department of Educations educational information system as required under subsection (b) of Code Section 20-2-167.
20-14-36. The office shall recommend, and the council State Board of Education shall adopt, written procedures for conducting on-site audits under this part. The office shall make the procedures available to the schools, school councils, local boards of education, and the public. Office staff shall be trained in audit procedures and shall follow such procedures in conducting the audit.

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20-14-37. The State Board of Education shall approve a Georgia schools awards system is created to recognize those schools and school systems that demonstrate progress or success in achieving the education goals of the state and achieving excellence on the office school rating system as defined in Code Section 20-14-33.
20-14-38. (a) Financial awards will be provided to the schools that the office State Board of Education determines have demonstrated the greatest improvement in achieving the education goals of improved student achievement and improved school completion, subject to appropriation by the General Assembly and any limitation set by the director State Board of Education on the total amount that may be awarded to a school or local school system. (b) Financial awards will be provided to each school that achieves a grade of A or B as defined in Code Section 20-14-33 for performance on either or both the absolute student achievement standard and progress on student achievement. The certificated personnel in a school that achieves the grade of A or B in either or both categories will be provided a bonus for the year the school achieved those grades of $1,000.00 for each grade of A and $500.00 for each grade of B. The maximum individual annual bonus for certificated personnel shall not exceed $2,000.00 and shall be provided subject to appropriation by the General Assembly or as otherwise may be provided. An additional financial award will be provided to each school for noncertificated personnel in the amount of $10,000.00 for each A grade for the school and $5,000.00 for each B grade for the school, provided that the total lump sum noncertificated personnel award for an individual school shall not exceed $20,000.00; provided, further, that funds for this purpose are appropriated by the General Assembly or as otherwise may be provided. The local school council of the school receiving this noncertificated personnel award shall determine the distribution of the award among such personnel of its school. (c) The Governor may present proclamations or certificates to schools and school systems determined to have met or exceeded the states education goals under Code Section 20-14-30.
20-14-39. The award system may be funded by donations, grants, or appropriation by the General Assembly or as otherwise provided. The State Board of Education may solicit and receive grants and donations for the purpose of making awards under this part. Award funds may be used by the State Board of Education to pay for the costs associated with sponsoring a ceremony to recognize or present awards to schools or school systems under this part. The donations, grants, or appropriations by the General Assembly shall be accounted for and distributed by the State Board of Education. The awards are subject to audit requirements established by the office State Board of Education.

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20-14-40. All identifiable individual student performance data and information and reports received by the office, the Department of Education, and the State Board of Education under this part from schools or school systems shall be deemed confidential and may not be disclosed.
20-14-41. (a) If a school has a grade of D or F on student performance for the absolute student achievement standard or on progress on improved student achievement as determined by the office State Board of Education, the office, in the audit report on an individual school, shall report findings and recommend appropriate levels of interventions for that school, based on a scale of increasingly severe interventions, to the State Board of Education. The State Board of Education shall prescribe the appropriate level of intervention and may include one or more of the following increasingly severe interventions:
(1) Issuing public notice of the deficiency to the local board of education; (2) Ordering a hearing to be conducted at the school by the local board of education with the participation of the school council for the purpose of notifying the public of the unacceptable performance, the improvements in performance expected by the office State Board of Education, and the interventions that may be imposed under this Code section if the performance does not improve within a designated period of time and of soliciting public comment on the initial steps being taken to improve performance; (3) Ordering the preparation of an intensive student achievement improvement plan that addresses each academic excellence indicator for which the schools performance is unacceptable, the submission of the plan to the director State Board of Education for approval, and implementation of the plan; (4) Appointing a Department of Education school improvement team to:
(A) Conduct a comprehensive on-site evaluation of each low-performing school to determine the cause for the schools low performance and lack of progress that includes presentations by the chairperson of the local board of education, the school principal, a parent member of the local school council, and other school personnel; (B) Recommend actions, including reallocation of resources and technical assistance, changes in school procedures or operations, staff development focused on student achievement for instructional and administrative staff, intervention for individual administrators or teachers, waivers from state statutes or rules, extended instruction time for low-performing students, smaller class size for low-performing students, or other actions the team considers appropriate; (C) Assist in the development of an intensive school improvement plan focused on student achievement required by paragraph (3) of this subsection; and (D) Assist the director State Board of Education in monitoring the progress of the school in implementing the intensive school improvement plan focused on student achievement;

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(5) If a school has received a grade of D or F for a period of two consecutive years or more, appointing a school master or management team to oversee and direct the duties of the principal of the school in relation to the school until school performance improves and the school is released from intervention by the director State Board of Education, with the cost of the master or management team to be paid by the state; or (6) If a school has received a grade of D or F for a period of three consecutive years or more, the State Board of Education shall implement one or more of the following interventions or sanctions, in order of severity:
(A) Removal of school personnel on recommendation of the master or the school improvement team, including the principal and personnel whose performance has continued not to produce student achievement gains over a three-year period as a condition for continued receipt of state funds for administration; (B) Allow for the implementation of a state charter school through the designation by the State Board of Education; (C) Mandate the complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring all new staff. Existing staff may reapply for employment at the newly reconstituted school but shall not be rehired if their performance regarding student achievement has been negative for the past three years; (D) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student with transportation costs borne by the system; or (E) Mandate a monitor, master, or management team in the school that shall be paid by the district. (b) The State Board of Education shall clearly define the powers and duties of a master or management team appointed to oversee the operations of a school. (c) A school improvement team appointed under this Code section may consist of currently employed or retired teachers, principals, other educational professionals, Department of Education school improvement employees, or local school superintendents individuals recognized for excellence in their roles and appointed by the State Board of Education to serve as members of a team. (d) The State Board of Education office shall annually report by June 30 of each year the status of the interventions imposed on low-performing schools to the office State Board of Education with recommendations regarding ending, extending, or upgrading the interventions on those schools. The director shall review and respond to the report."
SECTION 16. Said title is further amended by striking Code Section 20-14-50, relating to postsecondary accountability assessment, and inserting in its place a new Code Section 20-14-50 to read as follows:
"20-14-50. (a) The office The Board of Regents of the University System of Georgia and the State Board of Technical and Adult Education shall create and the council shall adopt the

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rules and policies that support a postsecondary accountability assessment program that is primarily performance based. (b) The office The Board of Regents of the University System of Georgia and the State Board of Technical and Adult Education shall develop and the council shall adopt performance measures and indicators that provide the basis for an accountability report card annually on the University System of Georgia and the Department of Technical and Adult Education. (c) The office and the board of regents The Board of Regents of the University System of Georgia shall identify, define, and develop such performance indicators and measures by December 1, 2001 2003. The first report card Report cards on universities and colleges shall be implemented and annually produced by the office by December 1, 2002 Board of Regents of the University System of Georgia by December 1 of each year. (d) The office and the The State Board of Technical and Adult Education shall identify, define, and develop such performance indicators and measures by December 1, 2001 2003. The office State Board of Technical and Adult Education shall implement and annually produce the first report card report cards on the department, institutes, and schools by December 1, 2002 of each year. (e) After December 1, 2002, the office The entity having administrative control over the particular postsecondary institutions, schools, colleges, or programs shall audit those postsecondary institutions, schools, colleges, or programs as necessary in implementing the education accountability system described in this part."
SECTION 17. Said title is further amended by striking Code Section 20-14-60, relating to prekindergarten accountability assessment, and inserting in its place a new Code Section 2014-60 to read as follows:
"20-14-60. (a) The office, with the approval of the council, shall create and the The Office of School Readiness shall adopt the rules and policies that support a pre-kindergarten accountability assessment program that is primarily performance based. (b) The office shall develop and the The Office of School Readiness shall adopt performance measures and indicators that provide the basis for an accountability report card annually on the Office of School Readiness pre-kindergarten programs. (c) The office and the Office of School Readiness shall identify, define, and develop such performance indicators and measures by December 1, 2001. The office The Office of School Readiness shall implement and annually produce the first report card report cards on the Office of School Readiness and pre-kindergarten programs by December 1, 2002 of each year. (d) After December 1, 2002, the office The Office of School Readiness shall audit those pre-kindergarten programs as necessary in implementing the education accountability system described in this part."

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SECTION 18. Said title is further amended by striking Code Section 20-14-70, relating to education work force accountability assessment, and inserting in its place a new Code Section 2014-70 to read as follows:
"20-14-70. (a) The office, with the approval of the council, shall create and the Professional Standards Commission shall adopt the rules and policies that support an education work force accountability assessment program that is primarily performance based. (b) The office shall develop and recommend and the The Professional Standards Commission shall adopt performance measures and indicators that provide the basis for an accountability report card annually on the Professional Standards Commission and the Georgia education work force. (c) The office and the Professional Standards Commission shall identify, define, and develop such performance indicators and measures by December 1, 2001. The office shall implement and produce the first report card on the Professional Standards Commission and the Georgia education work force by December 1, 2002. (d) After December 1, 2002, the office shall audit the education work force practicing in this state and all teacher preparation and professional development programs as necessary in implementing the education accountability system described in this part."
SECTION 19. Said title is further amended by striking Code Section 20-14-80, relating to the Education Information Steering Committee, in its entirety.
SECTION 20. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 21. All laws and parts of laws in conflict with this Act are repealed.
Senators Brush of the 24th and Stephens of the 51st offered the following amendment #1:
Amend the Senate Education Committee substitute to SB 248 by striking lines 12 through 35 of page 25 and inserting in its place the following:
"language proficiency, and socioeconomic status and must include: (1) The results of assessment instruments required under Code Section 20-2-281, aggregated by grade level and subject area; (2) Dropout rates for each school; (3) Student attendance rates for each school; (4) School completion rates for each school; (5) The percentage of graduating students who attain scores on the Georgia high school graduation test required under Code Section 20-2-281 that are equivalent to a

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passing score on the test instrument until such time as the Georgia high school graduation test is discontinued as provided in Code Section 20-2-281; (6) The percentage of graduating students who meet the course requirements established for the recommended high school program by State Board of Education rule; (7) The percentage of students taking end-of-course assessment instruments under Code Section 20-2-281; (8) The percentage of high school students who pass the end-of-course assessment instrument in core subjects; and (9) The results of the Scholastic Assessment Test or the ACT Assessment; (10) The percentage of students taking alternate assessments under subsection (d) of Code Section 20-2-281; (11) The average time that a student placed in an early intervention program remains before attaining grade level status and returning to regular status; and (12)(9) Any other indicator the office recommends, the council approves, and the State Board of Education adopts."

Senators Thompson of the 33rd and Fort of the 39th offered the following amendment #1a:

Amend the amendment #1 to SB 248 by deleting on line 19 after the; and

by inserting on line 23 (9) The average time that a student placed in an early intervention program remains before attaining grade level status and returning to regular status; and

by renumbering on line 25 (9) as (10).

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
Bulloch Butler Y Cagle Cheeks N Clay N Collins E Crotts

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

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

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Y Dean Y Fort Y Gillis Y Golden N Hall
Hamrick

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

Y Thompson E Tolleson N Unterman Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 22, nays 23, and the Thompson amendment #1a to the Brush, Stephens amendment #1 was lost.

Senator Thomas of the 10th moved that the Senate reconsider its action in defeating the Thompson amendment #1a to the Brush, Stephens amendment #1.

On the motion to reconsider, a roll call was taken, and the vote was as follows:

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

Y Harbison N Harp Y Henson N Hill E Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee E 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
Tanksley Y Tate N Thomas,D Y Thomas,N E Thomas,R Y Thompson E Tolleson N Unterman Y Williams Y Zamarripa

On the motion to reconsider, the yeas were 25, nays 25; the motion failed, and the Senate did not reconsider the Thompson amendment #1a to the Brush, Stephens amendment #1.

On the adoption of the amendment #1, the President ordered a roll call, and the vote was as follows:

Y Adelman Y Balfour

Y Harbison Y Harp

Y Seay Y Shafer

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

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

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

On the adoption of the amendment, the yeas were 50, nays 0, and the Brush, Stephens amendment #1 to the committee substitute was adopted.

Senators Stephens of the 51st and Tate of the 38th offered the following amendment #2:

Amend the Senate committee substitute to SB 248 by striking lines 12 through 15 on
page 1 and inserting in lieu thereof the following: "school officials with respect to attendance; to provide for the comprehensive revision of provisions regarding the".

By striking lines 29 through 35 on page 14, lines 1 through 33 of page 15, and lines 1 through 12 of page 16.

By renumbering Sections 13 through 21 as Sections 10 through 18, respectively.

On the adoption of the amendment, the yeas were 49, nays 0, and the Stephens, Tate amendment #2 to the committee substitute was adopted.

Senators Thompson of the 33rd, Smith of the 25th and Tate of the 38th offered the following amendment #3:

Amend the committee substitute to SB 248:

By striking lines 1 through 12 of page 26 and inserting in lieu thereof the following: "(c) Performance on the indicator shall be compared to state standards, progress on

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improved student achievement, and comparable performance. The state standard shall be established by the office Office of Student Achievement of the State Department of Education as provided in Code Section 20-14-31. Required improvement is defined as the progress necessary for the school or local school system to meet state standards and for its students to meet exit requirements as defined by the office pursuant to Code Section 20-14-31. Comparable improvement is derived by measuring schools and local school systems against a profile developed from a total state student performance data base which exhibits substantial equivalence to the characteristics of students served by the school or system, including past academic performance, socioeconomic status, ethnicity, sex, disability, mobility, and language proficiency. Data and information regarding the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27."

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

Y Harbison N Harp Y Henson N Hill E Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee E 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
Tanksley Y Tate N Thomas,D Y Thomas,N E Thomas,R Y Thompson E Tolleson N Unterman Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 24, nays 26, and the Thompson, et al. amendment #3 to the committee substitute was lost.

Senators Thompson of the 33rd, Smith of the 25th and Tate of the 38th offered the following amendment #4:

Amend the Senate Committee substitute to SB 248 by striking lines 16 through 22 of

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page 27 and inserting in lieu thereof the following: "most current data available disaggregated by student groups. School performance must be compared to:
(1) Previous school and local school system performance; (2) Current school and local school system performance in relation to the absolute student achievement standards and progress on improved student achievement; and (3) Comparable school group performance; and (4) Other indicators adopted by the State Board of Education."
On the adoption of the amendment, the yeas were 47, nays 0, and the Thompson, et al. amendment #4 to the committee substitute was adopted.
Senator Clay of the 37th offered the following amendment #5:
Amend SB 248 by adding at line 29 of page 14 a new Section 10: "Said title is further amended by striking subsections (g) of Code Section 20-2-940, relating to grounds and procedure for terminating or suspending employment contracts, and inserting in their place new subsection (g) to read as follows:
`(g) Superintendents power to relieve from duty temporarily. The superintendent of a local school system may temporarily relieve from duty any teacher, principal, or other employee having a contract for a definite term for any reason specified in subsection (a) of this Code section, pending hearing by the local board in those cases where the charges are of such seriousness or other circumstances exist which indicate that such teacher or employee could not be permitted to continue to perform his duties pending hearing without danger of disruption or other serious harm to the school, its mission, pupils, or personnel. In any such case, the superintendent shall notify the teacher or employee in writing of such action, which notice shall state the grounds thereof and shall otherwise comply with the requirements of the notice set forth in subsection (b) of this Code section. Such action by the superintendent shall not extend for a period in excess of ten working days, and during such period it shall be the duty of the local board to conduct a hearing on the charges in the same manner provided for in subsections (e) and (f) of this Code section, except that notice of the time and place of hearing shall be given at least three days prior to the hearing. During the period that the teacher or other employee is relieved from duty prior to the decision of the local board, the teacher or employee shall be paid all sums to which he is otherwise entitled. If the hearing is delayed after the tenday period as set out in this subsection at the request of the teacher or employee, then the teacher or employee shall not be paid beyond the ten-day period unless he is reinstated by the local board, in which case he shall receive all compensation to which he is otherwise entitled. Board or superintendents power to relieve from duty temporarily. The local board or the superintendent of a local school system may temporarily relieve from duty with pay any employee having a contract for a definite term who may have committed an act that would be grounds for termination or other discipline as specified in this Code section. The superintendent may relieve from duty an employee until the next meeting of

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the local board. The local board may continue the employee on administrative leave with
pay until such time as the allegations of misconduct have been resolved favorably for the
employee or until the expiration of the contract of employment, whichever first occurs.
The employee shall be considered to be on administrative leave with pay during such time.'"

On the adoption of the amendment, the yeas were 50, nays 0, and the Clay amendment #5 to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 43, nays 4, 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:

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

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

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

On the passage of the bill, the yeas were 32, nays 16.

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

The following communication was received by the Secretary:

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The State Senate Atlanta, Georgia 30334
March 28, 2003
Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
RE: SB 248
Dear Frank:
This letter is to confirm that I voted "yes" on Senate Bill 248 today, March 28, 2003.
Sincerely,
/s/ Terrell Starr, 44th District
Senator Tate of the 38th asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused.
The Calendar was resumed.
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.
The Senate Education Committee offered the following substitute to SB 249:
A BILL TO BE ENTITLED AN ACT

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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 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 program weights; to change certain provisions regarding funding for additional days of instruction; to change certain provisions regarding regulation of certificated professional personnel; to change certain provisions regarding specific course requirements; to change certain provisions regarding paraprofessionals and aides; to change certain provisions regarding legislative intent with respect to charter schools; to change certain provisions regarding organization of schools; to change certain provisions regarding petitions to establish charter schools; to change certain provisions regarding operation, control, and management requirements for charter schools; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-86, relating to school councils, and inserting in its place a new Code Section 20-2-86 to read as follows:
"20-2-86. (a) By October 1, 2001, each local board of education that elects to participate in the Quality Basic Education Program provided for in Article 6 of this chapter shall have a school council operational at a minimum of one high school, one middle school, and one elementary school, except that if a school system does not have its schools organized in this manner the system shall designate schools for a school council as closely to the intent of this Code section as possible. By October 1, 2002, each local board of education shall have a school council operational in a minimum of 50 percent of the schools under its jurisdiction. Such school council shall operate pursuant to this Code section, and the local board of education shall assist all councils in their creation and operation. After two years of successful operation, and upon receiving a high performance designation by the Office of Education Accountability Office of Student Achievement of the Department of Education, the local board of education shall devolve to the school council such additional authority in matters of school operation as the local board deems appropriate. By October 1, 2003, each local board of education shall have a school council operational in each of the schools under its jurisdiction. (b) The local board of education shall provide a training program to assist schools in forming a school council and to assist school councilmembers in the performance of their duties. Such program shall address the organization of councils, their purpose and

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responsibilities, applicable laws, rules, regulations and meeting procedures, and important state and local school system program requirements and shall provide a model school council organization plan. The training program shall be offered to school councilmembers at least twice per school year, except that this program shall be offered during the month of July should there be members of the school council with a term commencing on July 1 who have not previously received this training. The State Board of Education shall develop and make available a model school council training program. (c) Membership on the council shall be open to teachers, parents, and business representatives selected from all businesses that are designated school business partners. Any member may withdraw from the council by delivering to the council a written resignation and submitting a copy to the secretary of the council or school principal. Should school councilmembers determine that a member of the council is no longer active in the council as defined by the bylaws of the council, the council may, by a majority vote of five members of the council, withdraw such persons membership status, effective as of a date determined by the council. (d) The property and business of the council shall be managed by a minimum of seven school councilmembers of whom a majority shall constitute a quorum. School councilmembers must be individuals who are 18 years of age or older. Members of the school council shall include:
(1) Two A number of parents or guardians of students enrolled in the school, excluding employees who are parents or guardians of such students, so that such parents or guardians make up a majority of the council and at least two of whom shall be businesspersons; (2) Two businesspersons, one of whom shall be selected by the local board of education and one of whom Other businesspersons may serve on the council and shall be selected by the other five nonbusiness members of the school council from the business partners of the school or, if there are no business partners, from the local business community; (3) At least two Two certificated teachers, excluding any personnel employed in administrative positions, who are employed at least four of the six school segments at the school; and (4) The school principal. An employee of the local school system may serve as a parent representative on the council of a school in which his or her child is enrolled if such employee works at a different school. With the exception of the principal and the business representatives, members shall be elected by, and from among, the group they represent. The chairperson of the council shall be the school principal. (e) Members of the council shall serve for a term of two years except that local schools may appoint or elect as prescribed in this Code section councilmembers for a one-year term to provide for staggered terms. Members of the council shall be eligible to be reappointed or reelected to succeeding terms. The office of school councilmember shall be automatically vacated:

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(1) If a member shall resign; (2) If the person holding the office is removed as a member by an action of the council pursuant to this Code section; or (3) If a member no longer meets the qualifications specified in this Code section. An election within the electing body for a replacement to fill the remainder of an unexpired term shall be held within 30 days, unless there are 90 days or less remaining in the term in which case the vacancy shall remain unfilled. (f) All meetings of the school council shall be held at the school site. The council shall meet once a month, at the call of the chairperson, or at the request of a majority of the members of the council at least four times annually and the number of meetings shall be specified in the bylaws of the council. Notice by mail shall be sent to school councilmembers at least seven days prior to a meeting of the council. before the start of the academic year. Public notice to parents shall be sent as provided in subsection (g) of this Code section. School councils shall be subject to Chapter 14 of Title 50, relating to open and public meetings, in the same manner as local boards of education. Each member is authorized to exercise one vote. A quorum must be present in order to conduct official council business. Members of the council shall not receive remuneration to serve on the council or its committees. (g) After providing written public notice to all parents and teachers by a mode reasonably calculated to be delivered at least two weeks before the meeting of each electing body, the principal of each school shall call a meeting of electing bodies during the month of May each year for the purpose of selecting members of the school council by secret ballot as required by this Code section. The electing body for the parent members under paragraph (1) of subsection (d) of this Code section shall consist of all parents and guardians eligible to serve as a parent member of the school council, and the electing body for the teacher members shall consist of all certificated personnel eligible to serve as a teacher member of the school council. (h) The school council shall adopt such bylaws as it deems appropriate to conduct the business of the council. The adoption of bylaws or changes thereto requires five a majority of affirmative votes. The State Board of Education shall develop and make available model school council bylaws. (i) The school council shall have the same immunity as the local board of education in all matters directly related to the functions of the council. (j)(1) The officers of the council shall be a chairperson, vice chairperson, and secretary. Officers of the council, other than the chairperson, shall be appointed by resolution of elected by the council at the first meeting of the council following the election of school councilmembers. The officers of the council shall hold office concurrently with the term of members of the council. (2) The vice chairperson shall, in the absence or disability of the chairperson, perform the duties and exercise the powers of the chairperson and shall perform such other duties as shall from time to time be imposed upon him or her prescribed by the council.

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(3) The secretary shall attend all meetings, act as clerk of the council, and be responsible for recording all votes and minutes of all proceedings in the books to be kept for that purpose. The secretary shall give or cause to be given notice of all meetings of the council and shall perform such other duties as may be prescribed by the council or the chairperson, under whose supervision the secretary shall be. (k) The members of the council are accountable to the constituents they serve and shall: (6)(1) Work to improve student achievement and performance.; (5)(2) Encourage the participation of parents and others within the school community; and (1)(3) Maintain a school-wide perspective on issues; (2)(4) Regularly participate in council meetings; (3)(5) Participate in information and training programs; and (4)(6) Act as a link between the school council and the community;. (l) The minutes of the council shall be made available to the public, for inspection at the school office, and shall be provided to the councilmembers, each of whom shall receive a copy of such minutes within 20 days following each council meeting. All school councils shall be subject to Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, in the same manner as local boards of education. (m) At all meetings of the council every question shall be determined by a majority vote of members present, representing a quorum. (n) The term of office of all councilmembers shall begin on July 1 and end on June 30. (o) The council may appoint committees, study groups, or task forces for such purposes as it deems helpful and may utilize existing or new school advisory groups. (p) The local board of education shall provide all information not specifically made confidential by law, including school site budget and expenditure information and site average class sizes by grade, to the council as requested and other information as provided in state board rules. The local board shall also designate an employee of the school system to attend council meetings as requested by a school council for the purpose of responding to questions the council may have concerning information provided to it by the local board or actions taken by the local board. (q) The local board of education shall receive all and consider recommendations of the school council, including the annual report, and shall have the authority to overturn any decision of the school council as follows: (1) Public notice shall be given to the community of the local boards intent to consider school council reports, recommendations, appointments, or any other decision of a school council; (2) Written notice shall be given to the members of the school council at least seven days prior to such a local board meeting, along with a notice of intent to consider a council report, recommendation, appointment, or any other decision of the council; or recommendation; and (3) The members of the school council shall be afforded an opportunity to present information in support of the school councils action; and.

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(4) A majority of the board members present, representing a quorum, vote to overturn the council decision. The local board of education shall respond to each recommendation recommendations of the school council within 60 days after being notified in writing of the recommendation. (r) The school principal shall have the following duties pertaining to school council activities: (1) Cause to be created a school council pursuant to this Code section by convening the appropriate bodies to select school councilmembers; setting the initial agenda, meeting time, and location; and notifying all school councilmembers of the same; (2) Serve as chairperson of the school council and perform Perform all of the duties required by law and the bylaws of the council; (3) Speak for and represent the council in all school council matters before the local board of education; (4)(3) Communicate all council requests for information and assistance to the local school superintendent and inform the council of responses or actions of the local school superintendent; (5)(4) Develop the school improvement plan and school operation plan and submit the plans to the school council for its review, comments, recommendations, and approval; and (6)(5) Aid in the development of Develop the agenda for each meeting of the council after taking into consideration suggestions of councilmembers and the urgency of school matters. An item may be added to the agenda at the request of three or more councilmembers; and. (7) Provide to the council the initial and midterm allotment sheets for the school that are provided by the Department of Education pursuant to Article 6 of this chapter. (s) School councils are advisory bodies. The councils shall provide advice and recommendations to the school principal and, where appropriate, the local board of education on any matter, including but not limited to, the following: (1) School calendar; (2) School codes for conduct and dress; (3) Curriculum, program goals, and priorities; (4) The schools improvement plan; (4)(5) The responses of the school to audits of the school as conducted by the Office of Education Accountability Office of Student Achievement of the Department of Education; (5)(6) Preparation and distribution to the community of a school profile which shall contain data as identified by the council to describe the academic performance, academic progress, services, awards, interventions, environment, and other such data as the council deems appropriate; (6)(7) In the case of a vacancy in the position of school principal, the recommendation of a school principal from a list of qualified applicants submitted by the local board of education and local school superintendent to the council;

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(7)(8) School budget priorities, including school capital improvement plans; (8)(9) School-community communication strategies; (9)(10) Methods of reporting to parents and communities other than through the school profile; (10)(11) Extracurricular activities in the school; (11)(12) School-based and community services; (12)(13) Community use of school facilities; (13) (14)Recommendations concerning school School board policies; (14)(15) Receiving and reviewing reports Reports from the school principal regarding progress toward the schools student achievement goals, including progress within specific grade levels and subject areas and by school personnel; and (15)(16) The method and specifications for the delivery of early intervention services or other appropriate service for underachieving students."
SECTION 2. Said chapter is further amended by striking Code Section 20-2-153, relating to early intervention programs, and inserting in its place a new Code Section 20-2-153 to read as follows:
"20-2-153. (a) The State Board of Education shall create and each local board of education shall provide an early intervention program to serve students in kindergarten through grade five. The kindergarten early intervention program shall serve students enrolled in kindergarten. The primary grades early intervention program shall serve students enrolled in grades one through three. The upper elementary grades early intervention program shall serve students in grades four through five. (b) The early intervention program shall serve students who are at risk of not reaching or maintaining academic grade level, including but not limited to students who are identified through the first grade readiness assessment required by Code Sections 20-2151 and 20-2-281 and students with identified academic performance below grade levels defined by the Office of Education Accountability Office of Student Achievement of the Department of Education in Code Section 20-14-31 for any criterion-referenced assessment administered in accordance with Code Section 20-2281 for grades one through five. Local school systems shall devise a process for the identification of such students at the beginning of each school year and also during the school year as a continuous process of early identification and monitoring. School systems may use indicators such as but not limited to the students scores on previous assessments, the students classroom performance in the same or previous years, and other reliable indicators to identify such students. A student shall be assigned to the early intervention program as soon as is practicable after the student is identified as at risk or after the results of the first-grade readiness assessment, or the criterionreferenced assessment, or other indicators are known. The school shall provide timely notice and an opportunity for a conference with the student and his or her parents or

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guardians to discuss the students academic performance and the role of the early intervention program. (c) The State Board of Education shall describe by rules and regulations such additional services, resources, support, or strategies as may be provided by the local school system. The specifications for delivery of early intervention services shall be the responsibility of local boards of education except that the program rules and regulations adopted by the State Board of Education shall be followed in designing the program delivery models. Delivery models may include, but are not limited to, class augmentation, pull-out or self-contained classes, and the Reading Recovery Program delivered by certificated personnel. (d) The early intervention program shall be designed with the intent of helping the student to perform at expectations and exit the program in the shortest possible time. Students shall be moved into this program, provided assistance, and moved out of this program upon reaching grade level performance. It is not the intent of the General Assembly that students be assigned to this program on a continuing or permanent basis. In developing accountability standards for schools, the Office of Education Accountability shall consider the length of time that students spend in the early intervention program as one of the determinants of performing and nonperforming schools. (e) Funding for the early intervention program shall have a full-time equivalent teacher-student ratio of one teacher to 11 students. (f) Each local school system shall annually report the number of students served in the early intervention program as part of the full-time equivalent program count conducted pursuant to Code Section 20-2-160.
SECTION 3. Said chapter is further amended by striking Code Section 20-2-167, relating to funding, budgeting, and accounting, and inserting in its place a new Code Section 20-2-167 to read as follows:
"20-2-167. (a)(1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2-161, specifying the number of positions earned and salaries and operational costs portions. 'Direct instructional costs' is defined as those components of the program weights which are specified in subsections (a) through (g) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the five instructional programs for disabled students shall be summed into one amount for special education. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2-

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161. For each such program, each local school system shall spend a minimum of 90 percent of funds designated for direct instructional costs on the direct instructional costs of such program at the school site in which the funds were earned, except that funds earned for special education programs shall be summed for the purposes of this expenditure control. For the purposes of this expenditure control, funds earned for counselors and technology specialists shall each be summed to the school level. Only the state salary amounts resulting from the amount earned on the state-wide salary schedule as approved by the State Board of Education pursuant to Code Section 20-2212 plus associated benefits funded by the state and the salaries and any state earned benefits or comparable state earned benefits of technology specialists and classroom aides may be applied to the salary cost components for the purpose of meeting this expenditure control. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense; provided, however, that 100 percent of funds earned for direct instructional salaries shall be expended for salaries of direct instructional personnel and classroom aides. The total number of positions earned for direct instruction as specified in Code Section 20-2-182, adjusted for maximum class size, shall be employed for the delivery of services for which the funds were earned. This position control shall be for the kindergarten program, the kindergarten early intervention program, the primary grades program, and the primary grades early intervention program combined and the combined total for all other programs; provided, however, that positions earned for art, music, foreign language, and physical education, technology specialists, and counselors shall be totaled for all programs. Fractional amounts may be combined and used for any direct instructional position. Funds earned for any fractional amounts may be used for any direct instructional expense. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program specified by Code Section 20-2-161 which are not expended for direct instructional costs must be returned to the state treasury instruction shall be expended for direct instruction. Only the state salary amounts resulting from the amount earned on the state-wide salary schedule as approved by the State Board of Education pursuant to Code Section 20-2-212 plus associated benefits funded by the state and the salaries and any state earned benefits or comparable state earned benefits of technology specialists and classroom aides may be applied to the salary cost components for the purpose of meeting this expenditure control. In the event any local school system should fail to expend funds earned for direct instruction on direct instructional costs, the state board shall increase the local five mill share for an ensuing year by the difference. (2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costs, specifying the salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these

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costs represent of the total costs used in developing program weights. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2-161. Each local school system shall spend 100 percent of the funds designated for media center costs for such costs, and a minimum of 90 percent of such funds shall be spent at the school site in which such funds were earned. (3) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount, initial earnings, and midterm adjustment, if any, of earnings for each program specified in subsection (b) of Code Section 20-2-161. Each local school system shall spend 100 percent of the funds designated for staff and professional development costs, as allowed by State Board of Education policy, for such costs. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, these amounts shall be increased by the portion of the midterm adjustment allotment which is applied to staff development. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for staff development and professional development costs to the state, the 100 percent amount for staff development shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development and professional development of certificated and instructional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and operation of the staff development and professional development programs authorized pursuant to subsection (h) of Code Section 20-2-182. (4) All funds earned pursuant to this article may be expended only for the operation of educational programs and services explicitly authorized under this article. (5) The budget of each local school system shall reflect all anticipated revenues from each source. The budget of each local school system shall designate all of such anticipated revenues among the several funds or accounts of the system and shall not leave any anticipated revenues undesignated. Except as otherwise provided in this paragraph, all amounts allocated to each fund or account and any existing balance in each fund or account shall be intended for expenditure within the budget year for the purposes of that fund or account. There shall be no fund or account in the nature of a 'surplus' or 'unobligated surplus' fund or account. Each local school system may, however, establish a single reserve fund or reserve account intended to cover

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unanticipated deficiencies in revenue or unanticipated expenditures, provided that the budget for any year shall not allocate to such reserve fund or reserve account any amounts which, when combined with the existing balance in such fund or account, exceed 15 percent of that years total budget. A local school system may also establish one or more capital accumulation funds or accounts, and amounts may be allocated to such capital accumulation funds or accounts for expenditure in future budget years only if the purpose for which such amounts will be expended and the anticipated date of expenditure of such amounts are clearly and specifically identified. The purpose of this paragraph is to prohibit local school systems from accumulating surplus funds through taxation without accounting to the taxpayers for how such funds will be expended, and this paragraph shall be liberally construed to accomplish this purpose. (b)(1) The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the state-wide comprehensive kindergarten through grade 12 educational information system established pursuant to Code Section 20-2-320 and shall establish uniform regulations to be implemented by local units of administration. The computerized uniform budget and accounting system shall conform to generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information:
(A) Instructional program involved; (B) Whether basic education or enrichment in purpose; (C) Fund source or sources; and (D) Major program components such as instructional personnel, instructional operations, facility maintenance and operation, media center operation, school administration, system administration, staff development, or professional development. (2) The state board shall prescribe information that must be submitted to the state board and the time it must be submitted. In determining the information needed and the time for submission, the state board shall take into consideration the information and times identified by the Office of Education Accountability as necessary to the necessary for implementation of the accountability program provided for in Part 3 of Article 2 of Chapter 14 of this title. The state board is authorized to establish a financial review section for the limited purpose of reviewing financial records and accounting of local governing boards and assisting local units of administration in training personnel in financial and budgetary accounting. (c) The State Board of Education is authorized to prescribe a date by which each local unit of administration must submit a budget to the state board. The regulations developed by the state board must make adequate provision for local review and modification prior to local approval and submittal to the State School Superintendent. The State School Superintendent shall provide for the examination and preparation of a written report on the budget of each local unit and submit a copy to the state board and to the respective local unit of administration. The state board shall either accept or reject the budget of a local unit.

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(d) The standards set forth in this article shall be construed as setting out a basic plan for the direction of the State Board of Education in planning a program and presenting proposals to the Governor and to the General Assembly. Nothing in this article shall be construed as amending or modifying in any way Part 1 of Article 4 of Chapter 12 of Title 45, known as the 'Budget Act.' The state board shall, in all of its programs involving allocation or expenditure of funds, be governed and controlled by Part 1 of Article 4 of Chapter 12 of Title 45 and all other laws of general application pertaining to the handling and expenditure of state funds, none of which are is amended, modified, or repealed by this article unless specifically so provided in this article."
SECTION 4. Said chapter is further amended by striking Code Section 20-2-182, relating to program weights, and inserting in its place a new Code Section 20-2-182 to read as follows:
"20-2-182. (a) The program weights, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of all teachers needed to provide essential classroom instruction in order to ensure a Quality Basic Education Program for all enrolled students, subject to appropriation by the General Assembly. (b) The program weights for the primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, and middle school programs, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of specialists qualified to teach art, music, foreign language, and physical education, subject to appropriation by the General Assembly. (c) The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, middle school, and alternative education programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for guidance counselors needed to provide essential guidance services to students and whose duties and responsibilities shall be established by the state board to require a minimum of five of the six full-time equivalent program count segments of the counselors time to be spent counseling or advising students or parents. (c.1) The program weights for the kindergarten and the kindergarten early intervention programs, when multiplied by the base amount, shall reflect sufficient funds to pay the salaries for instructional aides. (d) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for technology specialists needed to provide essential technology services. (e) The program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to provide teachers with a preparation period free of assigned students.

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(f) Reserved. (g) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the cost of sick and personal leave for teachers, the employers portion of costs for membership in the Teachers Retirement System of Georgia and health insurance programs authorized by law, the cost of essential instructional materials and equipment needed to operate effectively such instructional programs, and the cost of travel required of personnel in order to deliver educational services to enrolled students, subject to appropriation by the General Assembly. (h) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (f) of Code Section 20-2-161, an amount of funds for the purpose of providing staff and professional development to certificated and classified personnel and local school board members which shall be at least equivalent to 1.5 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. Funds used for professional or staff development purposes may be used throughout the fiscal year, including days when students are not present at school, to meet professional or staff development needs in the order of priority determined by the local board of education within the comprehensive professional and staff development program plan approved by the State Board of Education pursuant to Code Section 20-2-232. Such professional and staff development program plan shall address deficiencies of certificated personnel as identified by evaluations required under Code Section 20-2-210. Where possible, professional and staff development funds shall be used for activities that enhance the skills of certificated personnel and directly relate to student achievement. Subsequent certificated personnel evaluations shall include an assessment of an employees professional and staff development activities and their effect on identified deficiencies and student achievement. Funds for professional development purposes may be used for activities occurring at any time during the fiscal year outside of an employees normal contract hours. (i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article and the middle school program provided for in Code Section 20-2-290 the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the teacher-student ratios used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161 but shall not exceed the funding class size by more than 20 percent, unless specifically authorized by the State Board of Education; provided, however, that in no case shall the 20 percent maximum be exceeded for mathematics, science, social studies, or English classes; provided, further, that the State Board of Education shall provide for a system average maximum class size that shall not exceed the funding class size by more than 20 percent for mathematics, science, social studies, or language arts classes, unless specifically authorized by the State Board of Education. the The system average maximum class size for kindergarten and grades one through three shall not exceed 20 percent over the funding ratio except for art, music, or physical education classes; provided, further, that the system average

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maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For each instructional program, the maximum number of students who may be taught by a teacher in an instructional period shall not exceed the system average maximum class size for the program by more than two students; provided, however, that a system average maximum class size which results in a fractional full-time equivalent shall be rounded up to the nearest whole number. For a period not to exceed four five years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with State Board of Education rules. The State Board of Education shall lower the current maximum class sizes set by state board rules in effect for the 1999-2000 school year, beginning with the 2000-2001 school year, by a proportional amount each school year an amount so that, beginning with the 2003-2004 2004-2005 school year, State Board of Education rules are in compliance with this subsection. An aide may be used in programs to increase class size as allowed by State Board of Education rule, except that, beginning with the 2004-2005 school year, an aide shall not be used to increase the maximum class size in kindergarten or grades one through three. The maximum class size for the kindergarten and primary grades programs is defined as the number of students in a physical classroom. Maximum class sizes that result in a fractional fulltime equivalent shall be rounded up to the nearest whole number as needed. The middle school program shall use the teacher-student ratio of the middle grades program for the purpose of this subsection. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly, if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems programs as determined by the local boards of education."
SECTION 5. Said chapter is further amended by striking Code Section 20-2-184.1, relating to funding for additional days of instruction, and inserting in its place a new Code Section 20-2184.1 to read as follows:
"20-2-184.1. The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, middle school, and remedial programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for instructors needed to provide 20 additional days of instruction for 10 percent of the full-time equivalent count of the

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respective program. Such funds shall be used for addressing the academic needs of lowperforming students with programs including, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, and summer school classes. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system. Each local school system shall spend 100 percent of the funds designated for additional days of instruction for such costs at the system level."
SECTION 6. Said chapter is further amended by striking Code Section 20-2-200, relating to regulation of certified professional personnel and inserting in its place a new Code Section 20-2-200 to read as follows:
"20-2-200. (a) The Professional Standards Commission shall provide, by regulation, for certifying and classifying all certificated professional personnel employed in the public schools of this state. No such personnel shall be employed in the public schools of this state unless they hold certificates issued by the commission certifying their qualifications and classification in accordance with such regulations. The commission shall establish such number of classifications of other certificated professional personnel as it may find reasonably necessary or desirable for the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training, experience, and competency of such personnel. The commission is authorized to provide for denying a certificate to an applicant, suspending or revoking a certificate, or otherwise disciplining the holder of a certificate for good cause after an investigation is held and notice and an opportunity for a hearing are provided the certificate holder or applicant in accordance with subsection (d) of Code Section 20-2-984.5. The commission shall designate and define the various classifications of professional personnel employed in the public schools of this state that shall be required to be certificated under this Code section. Without limiting the generality of the foregoing, the term 'certificated professional personnel' is defined as all professional personnel certificated by the commission and county or regional librarians. (b) The Professional Standards Commission shall establish rules and regulations for appropriate requirements and procedures to ensure high-quality certification standards for all Georgia educators while facilitating the interstate mobility of out-of-state certified educators.
(1) Requirements established for initial certification applicants new to the profession, to include out-of-state program completers with or without certificates and with no teaching experience, may include, but are not limited to, demonstrated satisfactory proficiency in the following: a test of broad general knowledge; a test of specific subject matter content or other professional knowledge appropriate to the applicants field of certification; computer skill competency; standards of ethical conduct; and course work in the identification and education of children who have special educational needs.

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(2) Requirements established for holders of valid, professional out-of-state certificates applying for their first Georgia certificate may include, but are not limited to the following: computer skill competency; course work in the identification and education of children who have special educational needs; recency of study; and standards of ethical conduct. These requirements may be completed during the validity period of the first Georgia certificate. At the time of application for the first Georgia certificate, satisfactory proficiency in subject matter content appropriate to the applicants field of certification may be determined based on Professional Standards Commission approved tests or combinations of successful teaching experience and academic, technical, and professional preparation as outlined in rules of the Professional Standards Commission. (3) Requirements for certification renewal shall be established to foster on going professional learning, enhance student achievement, and verify standards of ethical conduct. Such requirements may include, but are not limited to, professional learning related to school improvement plans or the applicants field of certification and background checks. Individuals holding a valid Georgia life certificate or a valid National Board for Professional Teaching Standards certificate shall be deemed to have met state renewal requirements except those related to background checks. (4) Requirements designating approved in-field assignment standards appropriate to the applicants field of certification shall be established to ensure that educators are assigned to those areas for which they are properly prepared. These standards may be determined based on reviews of state approved curriculum courses, state approved preparation programs, and designated certificate fields. (c) An individual who has received two unsatisfactory annual performance evaluations in the previous five-year period pursuant to Code Section 20-2-210 shall not be entitled to a renewable certificate prior to demonstrating that such performance deficiency has been satisfactorily addressed, but such individual may apply to the commission for a nonrenewable certificate. (b)(1) Before granting a renewable certificate to an applicant, the Professional Standards Commission shall require the applicant to demonstrate satisfactory proficiency on a test of specific subject matter or other professional knowledge appropriate to the applicants field of certification. (2) Before granting a renewable certificate to an applicant, the commission is authorized to require the applicant to demonstrate satisfactory proficiency on a test of oral and written communication skills, a test of computer skill competency, and an assessment to demonstrate satisfactory on-the-job performance appropriate to the applicants field of certification. Successful completion of the phase one InTech model training at a state educational technology training center or by a State Board of Education approved redelivery team shall be acceptable for certificate renewal purposes. The on-the-job performance of teachers shall be assessed by the instrument developed pursuant to Code Section 20-2-210. When used for initial renewable certification, the extended form version of such instrument shall be used with the following additional requirements: the applicant shall produce for the days to be

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observed a brief written lesson plan appropriate and sufficient for the demonstration of essential skills; the scheduling of observation periods and intervals between them shall be designed to allow the teacher an adequate opportunity to demonstrate the essential skills; at least one evaluator shall be external to the school system in which the assessment is taking place and each evaluator is certified by the commission as qualified to administer the assessment; on-the-job performance shall be evaluated on criteria set by the commission which will ensure demonstration of effective teaching practices. (3) An applicant shall be exempted from the written planning portion of the on-thejob assessment requirement pursuant to paragraph (2) of this subsection if:
(A) The applicant has held a professional teaching or service certificate issued by any state in the United States at the baccalaureate degree level or higher and has satisfactorily performed appropriate duties on a full-time basis for at least five of the past eight years in regionally accredited private schools of this state or another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as determined solely by the Professional Standards Commission, or in public schools of this state or another state, or a combination thereof; or (B) The applicant has held a professional leadership certificate issued by any state in the United States at a level above the masters degree and has satisfactorily performed appropriate leadership duties on a full-time basis for at least five of the past eight years in regionally accredited private schools of this state or another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as determined solely by the Professional Standards Commission, or in public schools of this state or another state, or a combination thereof. (4) Exemptions authorized pursuant to paragraph (3) of this subsection shall not apply to those applicants who have taken the on-the-job assessment required for certification more than five times. Any person who qualifies for the exemption granted under subparagraph (A) or (B) of paragraph (3) of this subsection shall receive a nonrenewable certificate valid for a maximum of three years. During those three years, said person shall be eligible for a renewable certificate at such time said person demonstrates satisfactory performance on the nonwritten portion of the required certification assessment. This exemption shall in no way affect other certification requirements of this article or the annual performance evaluation required pursuant to Code Section 20-2-210. (5) Before granting an initial renewable certificate to an applicant, the commission is authorized to require the applicant to demonstrate satisfactory proficiency on a test of broad general knowledge. (6) On any test or assessment required as a condition for receiving any renewable certificate, each applicant shall have at least three opportunities to demonstrate the required proficiency. Each applicant currently employed by a local unit of administration who initially does not pass any required tests or assessments may

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request and thereby shall be provided staff development assistance in the areas of identified deficiencies. An applicant must achieve the required passing score on any of the required tests only once for each certification level and field. (7) An individual holding a valid life certificate is exempt from the provisions of this subsection for that certificate field. (8) An individual who has received two unsatisfactory annual performance evaluations in the previous five-year period pursuant to Code Section 20-2-210 shall not be entitled to a renewable certificate prior to demonstrating that such performance deficiency has been satisfactorily addressed, but such individual may apply to the commission for a nonrenewable certificate. (9) Before granting a renewable certificate required for teaching or for administering or supervising a school system, school, or school program to an applicant who holds a valid renewable certificate at the time of application, the commission shall require such applicant to demonstrate that he or she has worked as a teacher in a classroom for not less than five days during each school year preceding the expiration of such applicants certificate or has completed a teacher training course approved by the commission. (b.1) Upon certification from the National Board for Professional Teaching Standards, an applicant shall be deemed to have met state renewal requirements for the life of the teachers national certificate. (c)(1) The Professional Standards Commission shall grant a renewable certificate at the four-year level in a teaching field to an applicant who has not completed a teacher preparation program; provided, however, that such applicant meets the following conditions:
(A) Is the holder of a bachelors degree from a regionally accredited college or university in a subject area field corresponding to an appropriate subject area certification classification established pursuant to subsection (a) of this Code section; (B) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; (C) Has obtained satisfactory results on tests and assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification; and (D) Has satisfied any additional requirements or standards of the alternative certification program established by rules or regulations of the Professional Standards Commission. (2) The Professional Standards Commission shall establish rules and regulations to implement the requirements of this subsection as soon as practical. (d)(1) The Professional Standards Commission shall grant a renewable certificate at the five-year level in a teaching field to an applicant who did not complete an undergraduate teacher preparation program; provided, however, that such applicant meets the following conditions:

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(A) Is the holder of a masters degree or higher level degree from a regionally accredited college or university in a subject area field corresponding to an appropriate subject area certification classification established pursuant to subsection (a) of this Code section; (B) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; (C) Has obtained satisfactory results on tests and assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification; and (D) Has satisfied any additional requirements or standards of the alternative certification program established by rules or regulations of the Professional Standards Commission. (2) The Professional Standards Commission shall establish rules and regulations to implement the requirements of this subsection as soon as practical. (d) No applicant who is under review by the commission shall be allowed to withdraw his or her application for a certificate, permit, or other certification document without the written consent of the commission. The commission shall retain its authority over those applicants to proceed with the denial of the certificate, permit, or other certification document upon any ground provided by law, or to enter an order denying the certificate, permit, or other certification document upon any ground provided by law. The suspension or expiration of any certificate, permit, or certification document, or its surrender without the written consent of the commission, shall not deprive the commission of its authority to do any of the following: (1) Institute or continue a disciplinary proceeding against the holder of a certificate, permit, or other certification document upon any ground provided by law; (2) Enter an order suspending or revoking the certificate, permit, or other certification document; or (3) Issue an admonition to the holder of a certificate, permit, or other certification document. (e)(1) The Professional Standards Commission shall charge the following fees to persons who file applications with the commission under its regulations adopted pursuant to the authority of this Code section:

(A) For an applicant for initial certification who is not currently

employed in Georgia public or private schools

$ 20.00

(B) For an applicant for initial certification who is not a graduate of an

accredited education program from a Georgia college or university

20.00

(C) For an applicant for a higher certificate when the applicant then

holds a Georgia certificate but who is not currently employed in Georgia

public or private schools

20.00

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(D) For an applicant for a certificate which adds a field or which endorses a certificate but who is not currently employed in Georgia public or private schools

20.00

(E) For an applicant for a conditional certificate

20.00

(F) For an applicant for the renewal of any certificate if the applicant is

not currently employed by a public or private school in Georgia

20.00

(G) For evaluating transcripts where certificates are not issued and for

issuing duplicate copies of certificates

20.00

(2) The fees provided for in paragraph (1) of this subsection shall be paid by an applicant by cashiers check or money order as a condition for filing the application. (3) The fees provided for in this subsection shall be paid by the commission into the general funds of the state. The commission shall adopt regulations to carry out the provisions of this subsection. (f) No applicant who is under review by the commission shall be allowed to withdraw his or her application for a certificate, permit, or other certification document without the written consent of the commission. The commission shall retain its authority over those applicants to proceed with the denial of the certificate, permit, or other certification document upon any ground provided by law, or to enter an order denying the certificate, permit, or other certification document upon any ground provided by law. The suspension or expiration of any certificate, permit, or certification document, or its surrender without the written consent of the commission, shall not deprive the commission of its authority to do any of the following: (1) Institute or continue a disciplinary proceeding against the holder of a certificate, permit, or other certification document upon any ground provided by law; (2) Enter an order suspending or revoking the certificate, permit, or other certification document; or (3) Issue an admonition to the holder of a certificate, permit, or other certification document. (g)(f) As used in this part, unless the context indicates otherwise, the term 'commission' means the Professional Standards Commission established under Part 10 of Article 17 of this chapter."
SECTION 7. Said chapter is further amended by striking Code Section 20-2-201, relating to specific course requirements, and inserting in its place a new Code Section 20-2-201 to read as follows:
"20-2-201. (a) Any person certified as a teacher, principal, or guidance counselor pursuant to Code Section 20-2-200 shall have satisfactorily completed coursework of five or more

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quarter hours, approved by the Professional Standards Commission, in the identification and education of children who have special educational needs or shall have satisfactorily completed an equivalent preparation in a staff development program designed for this purpose, provided such staff development program shall have received prior approval of the commission for that purpose. As used in this subsection, 'children who have special educational needs' is defined as gifted children and children who receive educational services under an Individualized Education Plan. Teachers, principals, and guidance counselors who have satisfactorily completed coursework in other states at least comparable with the requirements of this Code section may be certified by the Professional Standards Commission. Those teachers, principals, and guidance counselors of other states, those applicants completing noneducation programs who are otherwise eligible for provisional certification in Georgia, and those teachers with lapsed Georgia teaching certificates who are otherwise eligible for emergency certificates who would be employed and certified in Georgia schools but lack the requirements of this subsection shall have a period of time not to exceed two years from the date of employment to obtain the prescribed training. (b) Universities and colleges having teacher preparation programs for grades kindergarten through eight shall require, as a part of such teacher preparation requirements, a separate course in health education and a separate course in physical education. The content of the course in health education shall include general knowledge and attitudes in all critical areas of health and shall include drug and alcohol abuse, smoking, and health education. The required course in physical education shall contain knowledge, attitudes, and understanding of how physical activity shall be integrated into the total lifestyle of an individual. (b.1)(a) Universities and colleges having teacher preparation programs for grades prekindergarten through 12 shall require students in such programs to be proficient in computer and other instructional technology applications and skills including understanding desktop computers, their applications, integration with teaching and curriculum, and their utilization for individualized instruction and classroom management. There shall be a test to assess the proficiency of students enrolled in teacher preparation programs in computer and other instructional technology applications and skills. (c)(b) Each local unit of administration shall be required to provide all professional personnel certificated by the Professional Standards Commission 12 clock hours of inservice or continuing education in each calendar year, or meet requirements of the Southern Association of Colleges and Schools. Such in-service programs shall be developed by the local unit of administration in conjunction with such agencies as regional educational service agencies, colleges and universities, and other appropriate organizations. These programs shall be designed to address identified needs determined by appropriate personnel evaluation instruments. These programs shall also focus on improving the skills of certificated personnel that directly relate to improving student achievement. Records of attendance shall be maintained by local units of administration and shall be monitored by appropriate Department of Education staff."

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SECTION 8. Said chapter is further amended by striking Code Section 20-2-204, relating to paraprofessionals and aides, and inserting in its place a new Code Section 20-2-204 to read as follows:
"20-2-204. (a) As used in this Code section, the term:
(1) 'Aide' is defined as a person who may have less than professional training and who takes no independent actions and has no decision-making authority but performs routine tasks assigned by higher certificated personnel. An aide who works as an instructional aide shall possess the minimum of a high school diploma or a general educational development (GED) diploma. (2) 'Licensed personnel' is defined as paraprofessionals and aides. (3)(1) 'Paraprofessional' is defined as a person who may have less than professionallevel certification, who relates in role and function to a professional and does a portion of the professionals job or tasks under the supervision of the professional, and whose decision-making authority is limited and regulated by the professional. Such a paraprofessional shall possess the minimum of a high school diploma or a general educational development (GED) diploma. If assigned to positions governed by federal regulations, the paraprofessional must meet specified federal hiring requirements. (4)(2) 'Permitted personnel' is defined as persons who may not qualify for professional certificates, including retired teachers, but who function in the educational programs in the same manner as certificated personnel. Such personnel qualify for their positions on the basis of experience rather than formal education. (b) The Professional Standards Commission shall provide for the classification of all licensed certified and permitted personnel employed in the public schools of this state, and no such personnel shall be employed in the public schools of this state unless they meet such minimum criteria as developed by the commission; provided, however, that such classifications shall be based only upon academic, technical, and professional training and experience of such personnel. The commission is authorized to provide for revoking or denying a license certificate or permit for good cause after an investigation is conducted and notice and hearing is provided the license certificate or permit holder."
SECTION 9. Said chapter is further amended by striking Code Section 20-2-2061, relating to legislative intent regarding charter schools, and inserting in its place a new Code Section 20-2-2061 to read as follows:
"20-2-2061. It is the intent of the General Assembly to provide a means whereby a petitioner may seek a performance based contract called a charter, which ties improved performance to the waiver of specifically identified state and local rules, regulations, policies, procedures, and identified provisions of this title other than the provisions of this article

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exempts the petitioner from the provisions of this title, except as provided in this article, or any state or local rule, regulation, policy, or procedure relating to schools within an applicable school system regardless of whether such rule, regulation, policy, or procedure is established by the local board, the State Board of Education, or the Department of Education; provided, however, that the state board may establish rules, regulations, policies, or procedures consistent with this article relating to charter schools. In exchange for such a waiver, the school agrees to meet or exceed the performance based goals included in the petition and approved by the local board, including but not limited to raising student achievement."
SECTION 10. Said chapter is further amended by striking Code Section 20-2-290, relating to organization of schools, and inserting in its place a new Code Section 20-2-290 to read as follows:
"20-2-290. (a) The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. Local school systems which have organized their schools in such a manner that facilities house grades six, seven, and eight or grades seven and eight shall qualify for the middle school program for students in grade levels so housed. A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time principal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section. Schools with students in the sixth grade shall not be eligible for the middle school program if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, two or more adjacent local school systems shall qualify for the middle school program if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board. (b) Beginning with the 2001-2002 school year, local boards of education shall schedule each middle school so as to provide the following: Local boards of education shall schedule each middle school so as to provide
(1) A minimum of five hours of instruction in English and language arts, reading, mathematics, science, social studies, and such other academic subjects as the State Board of Education shall prescribe. For students not performing on grade level, as defined by the Office of Education Accountability, the minimum of five hours shall include such remedial academic instruction in English and language arts, reading, mathematics, science, or social studies as required to bring such students to grade level performance with the priority for such remediation being placed on reading and mathematics or as otherwise determined by the students team of academic teachers; provided that, in making such a determination the team shall consider the students performance on the criterion-referenced assessments authorized in Code Section 20-2181;

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(2) Beyond the minimum of five hours of academic instruction, the local board shall have the authority to schedule for the remainder of the day such academic or exploratory classes as the State Board of Education shall prescribe; provided, however, that a student shall be allowed to take additional academic classes instead of exploratory classes if the parent or guardian of such a student requests such assignment, subject to availability; and (3) An an interdisciplinary team of academic teachers with common planning time of a minimum of 55 minutes. (c) Local school systems shall comply with subsection (b) of this Code section in order to qualify for the middle school program. (d) If a local school system has a combination of qualified and nonqualified schools, it shall qualify for the middle school program only for those students counted in the fulltime equivalent count for the middle school program in qualified middle schools."
SECTION 11. Said chapter is further amended by striking Code Section 20-2-2063, relating to petitions to establish charter schools, and inserting in its place a new Code Section 20-2-2063 to read as follows:
"20-2-2063. The State Board of Education shall promulgate rules, regulations, policies, and procedures to govern the contents of a charter petition, provided that the following shall be required at a minimum:.
(1) The state board shall require that a petition designate the performance to be improved and how it will be improved through the waiver of specifically identified state and local rules, regulations, policies, and procedures, or provisions of this title other than the provisions of this article; (2) The state board shall require that a petition describe how it will measure the improvement in such performance and over what period of time, provided that such requirement shall not waive the accountability provisions of Part 3 of Article 2 of Chapter 14 of this title; and (3) The state board shall require that a petition demonstrate how any such waiver does not undermine and is consistent with the intent of the waived state and local rules, regulations, policies, and procedures, or the provisions of this title."
SECTION 12. Said chapter is further amended by striking Code Section 20-2-2065, relating to operation, control, and management requirements for charter schools, and inserting in its place a new Code Section 20-2-2065 to read as follows:
"20-2-2065.

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(a) Except as provided in this article and in the charter, a charter school shall not be subject to the provisions of this title or any state or local rule, regulation, policy, or procedure relating to schools within an applicable school system regardless of whether such rule, regulation, policy, or procedure is established by the local board, the state board, or the Department of Education; provided, however, that the state board may establish rules, regulations, policies, or procedures consistent with this article relating to charter schools. (b) In determining whether to waive, as sought by the petitioner, specifically identified state and local rules, regulations, policies, and procedures, and provisions of this title other than the provisions of this article to approve a charter petition or renew an existing charter, the local board and state board shall ensure that a charter school shall be:
(1) A public, nonsectarian, nonreligious, nonprofit school that is not home based, provided that a charter schools nonprofit status shall not prevent the school from contracting for the services of a for profit entity; (2) Subject to the control and management of the local board of the local school system in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution, if a local charter school; (3) Subject to the supervision of the state board, as provided in the charter and in a manner consistent with the Constitution, if a state chartered special school; (4) Organized and operated as a nonprofit corporation under the laws of this state; provided, however, that this paragraph shall not apply to conversion charter schools; (5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; (6) Subject to all laws relating to unlawful conduct in or near a public school; (7) Subject to an annual financial audit in the manner specified in the charter; (8) Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000; (9) Subject to all reporting requirements of Code Section 20-2-160, subsection (e) of Code Section 20-2-161, Code Section 20-2-320, and Code Section 20-2-740; (10) Subject to the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133; and (11) Subject to the provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection."
SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

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Senators Thompson of the 33rd and Fort of the 39th offered the following amendment #1:

Amend the Senate Committee substitute to SB 249 by striking lines 18 through 21 of
page 8 and inserting in lieu thereof the following: "be assigned to this program on a continuing or permanent basis. In developing
accountability standards for schools, the Office of Education Accountability Office of
Student Achievement of the Department of Education shall consider the length of
time that students spend in the early intervention program as one of the determinants of performing and nonperforming schools."

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

Y Harbison N Harp E Henson N Hill E Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee E 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
Tanksley Y Tate N Thomas,D Y Thomas,N E Thomas,R Y Thompson N Tolleson N Unterman Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 24, nays 27, and the Thompson, Fort amendment #1 to the committee substitute was lost.

Senators Thompson of the 33rd and Meyer von Bremen of the 12th offered the following amendment #2:

Amend the Senate Committee substitute to SB 249 by striking lines 16 through 19 of page 10 and inserting in lieu thereof the following:
"for each program authorized by Code Section 20-2-161. Each local school system

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1461

shall spend 100 percent of the funds designated for media center costs for such costs,
and a minimum of 90 percent of such funds shall be spent at the school site in which such funds were earned."

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

Y Harbison N Harp E Henson N Hill E Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee E 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
Tanksley Y Tate N Thomas,D Y Thomas,N E Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 22, nays 28, and the Thompson, Meyer von Bremen amendment #2 to the committee substitute was lost.

Senators Thompson of the 33rd and Meyer von Bremen of the 12th offered the following amendment #3:

Amend the Senate Education Committee substitute to SB 249 by inserting on line 11 of
page 1, following the word and symbol "aides;" the following: "to list duties that may be required of certificated teachers;"

By inserting immediately following line 23 of page 24 the following:
"SECTION 9. Said chapter is further amended by inserting following Code Section 20-2-220 a new Code section to be designated Code Section 20-2-221 to read as follows:

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'20-2-221. Certificated teachers shall not be required to perform duties other than instruction of students and supervision of students:
(1) At lunch to the extent permitted by Code Section 20-2-218; (2) On the school playground during the school day; and (3) In the event of emergencies.'"

By redesignating Sections 9 through 14 of such bill as Sections 10 through 15.

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

Y Harbison N Harp E Henson N Hill E Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt Y Lee E Levetan Y Me V Bremen
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
Tanksley Y Tate N Thomas,D Y Thomas,N E Thomas,R Y Thompson N Tolleson N Unterman Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 24, nays 25, and the Thompson, Meyer von Bremen amendment #3 to the committee substitute was lost.

Senator Tate of the 38th offered the following amendment #4:

Amend the committee substitute to SB 249 by:

Section 4 page 15 line 1 insert the following language after the word program"on or after October 1".

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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 Y Blitch N Bowen Y Brown N Brush N Bulloch Y Butler
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 E Henson N Hill E Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee E 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 N Starr N Stephens Y Stokes
Tanksley Y Tate N Thomas,D Y Thomas,N E Thomas,R
Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 18, nays 31, and the Tate amendment #4 to the committee substitute was lost.

Senator Tate of the 38th offered the following amendment #5:

Amend the committee substitute to SB 249 by: Section 6, page 17, line 8 and 12. Remove the following language; "computer skill competency". Remove on line 18-"technical". Remove on line 24- "background checks".

Senator Tate of the 38th offered the following amendment #5a:

Amend amendment #5 to the committee substitute to SB 249 by adding on line 6 the following:

Section 6 page 17 line 23 by placing a period after the word certification. and strike the word "and." on line 23.

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On the adoption of the amendment, the yeas were 47, nays 0, and the Tate amendment #5a to the Tate amendment #5 to the committee substitute was adopted.

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 Y Gillis Y Golden N Hall N Hamrick

Y Harbison N Harp E Henson N Hill E Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee E 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
Tanksley Y Tate N Thomas,D Y Thomas,N E Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 22, nays 29, and the Tate amendment #5 as amended, to the committee substitute, was lost.

Senator Tate of the 38th offered the following amendment #6:

Amend the committee substitute to SB 249 Section 10, page 26, line 7.

Replace language - "minimum of 85 minutes".

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

Y Harbison N Harp E Henson N Hill E Hooks

Y Seay N Shafer Y Smith,F N Smith,P Y Squires

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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

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

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

On the adoption of the amendment, the yeas were 22, nays 29, and the Tate amendment #6 to the committee substitute was lost.

Senators Thompson of the 33rd, Starr of the 44th and Brown of the 26th offered the following amendment #7:

Amend the Senate committee substitute to SB 249 by striking lines 6 through 19 of page 9 and inserting in lieu thereof the following:
"adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2-161. For each such program, each local school system shall spend a minimum of 90 percent of funds designated for direct instructional costs on the direct instructional costs of such program at the school site in which the funds were earned, except that funds earned for special education programs shall be summed for the purposes of this expenditure control. For the purposes of this expenditure control, funds earned for counselors and technology specialists shall each be summed to the school level. Only the state salary amounts resulting from the amount earned on the state-wide salary schedule as approved by the State Board of Education pursuant to Code Section 20-2-212 plus associated benefits funded by the state and the salaries and any state earned benefits or comparable state earned benefits of technology specialists and classroom aides may be applied to the salary cost components for the purpose of meeting this expenditure control."

By striking lines 25 through 34 of page 14 and inserting in lieu thereof the following: "an instructional period. Such maximum class sizes shall be equal to or greater than the teacher-student ratios used in the calculation of the program weights as set forth in
subsection (b) of Code Section 20-2-161 but shall not exceed the funding class size by
more than 20 percent, unless specifically authorized by the State Board of Education;

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provided, however, that in no case shall the 20 percent maximum be exceeded for
mathematics, science, social studies, or English classes; provided, further, that the maximum class size for kindergarten and grades one".

By striking from line 36 of page 14 the words "system average".

By striking lines 3 through 5 of page 15 and inserting in lieu thereof the following:
"maximum class size for the program by more than two students. For a period not to exceed".

By striking from line 10 of page 16 the words "at the system level".

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 Y Gillis Y Golden N Hall N Hamrick

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

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

On the adoption of the amendment, the yeas were 21, nays 30, and the Thompson, et al. amendment #7 to the committee substitute was lost.

Senator Smith of the 25th offered the following amendment #8:

Amend the committee substitute to SB 249 by on Section 8, pg 24, line 10- Insert the following language:

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1467

"...education development (GED) diploma and shall receive an annual contract of employment by the local board of education".

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

Y Harbison N Harp E Henson N Hill E Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee E 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
Tanksley Y Tate N Thomas,D Y Thomas,N E Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 23, nays 28, and the Smith of the 25th amendment #8 to the committee substitute was lost.

Senators Thompson of the 33rd and Meyer von Bremen of the 12th offered the following amendment #9:

Amend the Senate committee substitute to SB 249 by striking line 23 of page 9 through line 8 of page 10 and inserting in lieu thereof the following:
"provided, however, that 100 percent of funds earned for direct instructional salaries shall be expended for salaries of direct instructional personnel and classroom aides. The total number of positions earned for direct instruction as specified in Code Section 202-182, adjusted for maximum class size, shall be employed for the delivery of services for which the funds were earned. This position control shall be for the kindergarten program, the kindergarten early intervention program, the primary grades program, and the primary grades early intervention program combined and the combined total for all other programs; provided, however, that positions earned for art, music, foreign language, and physical education, technology specialists, and counselors shall be

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totaled for all programs. Fractional amounts may be combined and used for any direct instructional position. Funds earned for any fractional amounts may be used for any direct instructional expense. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program specified by Code Section 20-2161 which are not expended for direct instructional costs must be returned to the state treasury."

By striking lines 11 through 14 of page 15 and inserting in lieu thereof the following: "an amount so that, beginning with the 2003-2004 school year, State Board of
Education rules are in compliance with this subsection for kindergarten and grades
one through three and, beginning with the 2004-2005 school year, State Board of
Education rules are in compliance with this subsection for grades four through 12.
An aide may be used in programs to increase class size as allowed by the State Board
of Education rule, except that an aide shall not be used to increase the maximum class".

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

Y Harbison N Harp E Henson N Hill E Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee E 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
Tanksley Y Tate N Thomas,D Y Thomas,N E Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 23, nays 28, and the Thompson, Meyer von Bremen amendment #9 to the committee substitute was lost.

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1469

Senator Thompson of the 33rd moved that the Senate reconsider its action in defeating the Thompson, Meyer von Bremen amendment #9 to the committee substitute.

On the motion, Senator Thompson of the 33rd, called for the yeas and nays; the call was sustained, 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 E Henson N Hill E Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee E 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
Tanksley Y Tate N Thomas,D Y Thomas,N E Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the motion to reconsider, the yeas were 21, nays 30; the motion lost, and the Senate did not reconsider the Thompson, Meyer von Bremen amendment #9.

Senator Fort of the 39th offered the following amendment #10:

Amend the Senate Committee Substitute to SB 249 by striking line 13 of page 1 and inserting in lieu thereof the following: "certain provisions regarding".

By striking lines 17 of page 22 through line 28 of page 23.

By renumbering Sections 8 through 14 as Sections 7 through 13, respectively.

Senator Fort of the 39th asked unanimous consent that his amendment #10 to the committee substitute be withdrawn. The consent was granted, and the amendment was withdrawn.

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Senators Meyer von Bremen of the 12th offered the following amendment #11:

By striking the word "four" in line 28 of page 3 and inserting in lieu thereof the word "six".

By inserting on line 34 of page 6 immediately after the word "principal" the following: "due to transfer, retirement, resignation, or termination".

By striking the word "service" on line 12 of page 7 and inserting the word "services".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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

Y Harbison Y Harp E Henson N Hill E Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee E 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 N Stephens Y Stokes
Tanksley Y Tate Y Thomas,D Y Thomas,N E Thomas,R Y Thompson N Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 41, nays 10, and the Meyer von Bremen amendment #11 to the committee substitute was adopted.

Senator Fort of the 39th offered the following amendment #12:

Amend SB 249 committee substitute by striking lines 23 through 35 of page 25 and lines 1 through 5 of page 26 and delete "(3) An an" on line 6 of page 26.

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1471

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

Y Harbison N Harp E Henson N Hill E Hooks N Hudgens N Jackson N Johnson N Kemp,B N Kemp,R N Lamutt N Lee E Levetan N 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 N Starr N Stephens Y Stokes
Tanksley Y Tate N Thomas,D Y Thomas,N E Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 15, nays 36, and the Fort amendment #12 to the committee substitute was lost.

On the adoption of the substitute, the yeas were 37, nays 11, 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:

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

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

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

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

N Kemp,R Y Lamutt Y Lee E Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh

N Tate Y Thomas,D N Thomas,N E Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa

On the passage of the bill, the yeas were 31, nays 20.

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

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 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.

The Senate Education Committee offered the following substitute to SB 216:

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 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 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 exceptions; to provide for governance of charter schools; to provide for qualifications for members of governing boards; to provide

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1473

a per pupil minimum for funding; to provide for negotiation; to provide for definitions; to provide for payment for the charter schools portion of administrative costs; to provide for payment of funds to charter schools; to provide for allocation of state categorical program funds and federal funds; to require transportation; to provide for contracts for administrative and educational services; to provide for participation in bulk purchasing programs; to provide for a facilities fund; to provide for procedures relating to such fund; to provide for reversion of certain funds, property, and equipment; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Code Section 20-2-2064, relating to approval or denial of a charter petition, by striking subsections (a) and (b) and inserting in lieu thereof the following:
"(a) A charter petitioner seeking to create a conversion charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial; and provided, further, that the local board shall not act upon a petition for a conversion charter school until such petition:
(1) Has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of the petitioning local school at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; and (2) Has been freely agreed to, by secret ballot, by a majority of parents or guardians of students enrolled in the petitioning local school present at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the local board for its approval. (b) A charter petitioner seeking to create a start-up charter school must may submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension. A denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial."
SECTION 2. Said chapter is further amended by striking Code Section 20-2-2064.1, relating to reviews of charter petitions by the state board and charters for state chartered special schools, and

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inserting in lieu thereof the following: "20-2-2064.1. (a) The state board shall approve the charter of a charter petitioner if the petition has been approved by the local board of the local school system in which the proposed charter school will be located and the state board finds that the petition complies with the rules, regulations, policies, and procedures promulgated in accordance with Code Section 20-2-2063 and the provisions of this title and is in the public interest. If the state board denies a petition, it must within 60 days specifically state the reasons for the denial, list all deficiencies with regard to Code Section 20-2-2063, and provide a written statement of the denial to the charter petitioner and to the local board. (b) No application may be made to the state board by a petitioner for a conversion charter school that has been denied by a local board. (c) Upon denial of a petition for a start-up charter school by a local board and upon application to the state board by the petitioner, A charter petitioner seeking to create a state chartered special start-up charter school shall submit a petition to the state board. the The state board shall approve the charter of a start-up charter petitioner for a state chartered special school if the state board finds that such petition meets the requirements set forth in Code Section 20-2-2063 and the provisions of this title, and is in the public interest. A denial of a petition by the state board shall not preclude the submission to the state board of a revised petition that addresses deficiencies cited in the denial. If the state board denies a petition, it must within 60 days specifically state the reasons for the denial, list all deficiencies with regard to Code Section 20-2-2063, and provide a written statement of the denial to the charter petitioner."
SECTION 3. Said chapter is further amended by striking Code Section 20-2-2065, relating to requirements for operations, control, and management, and inserting in lieu thereof the following:
"20-2-2065. (a) Except as otherwise provided in this article or in a charter, a charter school shall not be subject to the provisions of this title or any state or local rule, regulation, policy, or procedure relating to schools within an applicable school system regardless of whether such rule, regulation, policy, or procedure is established by the local board, the state board, or the State Department of Education; provided, however, that the state board may establish rules, regulations, policies, or procedures consistent with this article relating to charter schools. (b) In determining whether to waive, as sought by the petitioner, specifically identified state and local rules, regulations, policies, and procedures, and provisions of this title other than the provisions of this article, approve a charter petition or renew an existing charter, the local board and state board shall ensure that a charter school shall be:
(1) A public, nonsectarian, nonreligious, nonprofit school that is not home based, provided that a charter schools nonprofit status shall not prevent the school from contracting for the services of a for profit entity;

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(2) Subject to the control and management of the local board of the local school system in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution, if a local charter school; (3) Subject to the supervision of the state board, as provided in the charter and in a manner consistent with the Constitution, if a state chartered special school; (4) Organized and operated as a nonprofit corporation under the laws of this state; provided, however, that this paragraph shall not apply to conversion charter schools any charter petitioner who is a local school or state or local public entity; (5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; (6) Subject to all laws relating to unlawful conduct in or near a public school; (7) Subject to an annual financial audit in the manner specified in the charter; (8) Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000; (9) Subject to all reporting requirements of Code Section 20-2-320; (10) Subject to the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133; and (11) Subject to the provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection."
SECTION 4. Said chapter is further amended by striking Code Section 20-2-2068.1, relating to operational funding of charter schools, and inserting in lieu thereof the following:
"20-2-2068.1. (a) A local charter school shall be included in the allotment of QBE formula earnings, applicable QBE grants, applicable nonQBE state grants, and applicable federal grants to the local school system in which the local charter school is located under Article 6 of this chapter. The local board and the state board shall treat a conversion charter school no less favorably than other local schools located within the applicable local school system unless otherwise provided by law. The local board and the state board shall treat a start-up charter school no less favorably than other local schools within the applicable local system with respect to the provision of funds for instruction and school administration and, where feasible, transportation, food services, and building programs. (b) QBE formula earnings, applicable QBE grants, applicable nonQBE state grants, and applicable federal grants earned by a local charter school shall be distributed to the local charter school by the local board; provided, however, that state equalization grant earnings shall be distributed as provided in subsection (c) of this Code section. The local charter school shall report enrolled students in a manner consistent with Code Section 20-2-160.

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(c) In addition to the earnings set out in subsection (b) of this Code section local tax revenue shall be earned by a local charter school and calculated as follows:
(1) Determine the amount of funds earned by students enrolled in the local charter school as calculated by the Quality Basic Education Formula pursuant to Code Section 20-2-160; (2) Determine the amount of funds earned by all students in the public schools of the local school system, including any charter schools that receive local tax revenue, as calculated by the Quality Basic Education Formula; (3) Divide the amount obtained in paragraph (1) of this subsection by the amount obtained in paragraph (2) of this subsection; and (4) Multiply the quotient obtained in paragraph (3) of this subsection by the school systems local tax revenue. The product obtained in paragraph (4) of this subsection shall be the amount of local funds to be distributed to the local charter school by the local board; provided, however, that nothing in this subsection shall preclude a charter petitioner and a local board of education from specifying in the charter a greater amount of local funds to be provided by the local board to the local charter school if agreed upon by all parties to the charter. Local funds so earned shall be distributed to the local charter school by the local board. Where feasible and where services are provided, funds for transportation, food service programs, and construction projects shall also be distributed to the local charter school as earned. In all other fiscal matters, including applicable federal allotments, the local board shall treat the local charter school no less favorably than other local schools located within the applicable school system. (d) QBE formula earnings, applicable QBE grants, applicable nonQBE state grants, and applicable federal grants that are earned by a state chartered special school shall be distributed to the local board of the local school system in which the state chartered special school is located which shall distribute the same amount to the state chartered special school; provided, however, that a state chartered special school shall not be included in the calculation and distribution of the local school systems equalization grant unless the voters of the local school system have approved the use of local tax revenue to support the state chartered special school in accordance with subsection (e) of this Code section. If such approval has been given, state equalization grant earnings shall be earned for the state chartered special school and shall be distributed as provided in subsection (f) of this Code section. The local board shall not be responsible for the fiscal management, accounting, or oversight of the state chartered special school. The state chartered special school shall report enrolled students in a manner consistent with Code Section 20-2-160. Any data required to be reported by the state chartered special school shall be submitted directly by the school to the appropriate state agency. Where feasible, the state board shall treat a state chartered special school no less favorably than other public schools within the state with respect to the provision of funds for transportation and building programs. (e) The state board may require a local referendum of the qualified voters in the local school system in which the proposed state chartered special school will be located.

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Such referendum shall be held at the next regularly scheduled general election or as may otherwise be authorized at an earlier date by the local board or boards of education affected. Such referendum shall be held for the purpose of deciding whether the local board of education shall provide funds from school tax levies to support such state chartered special school or incur bonded indebtedness to support such state chartered special school or both. The ballot question shall be approved by the state board. (f) The local board shall treat a state chartered special school for which the use of funds from local bonded indebtedness and local school tax levies has been approved by qualified voters in the system in accordance with subsection (e) of this Code section no less favorably than other public schools located within the applicable school system. (g) The local board shall not distribute funds from local bond indebtedness and local school tax levies to a state chartered special school unless such use has been approved by qualified voters in accordance with subsection (e) of this Code section. (a) Each local charter school governing board or petitioner shall negotiate funding with its local board as a provision of its charter at a minimum of 95 percent of the local school boards expenditures per pupil for each pupil enrolled in the charter school. As used in this Code section, the term 'expenditures per pupil' includes expenditures of revenues from local taxation and bonds and from funds provided by the federal and state governments, and excludes funds for capital expenses. The local board may retain up to 5 percent of the expenditures per pupil for pupils enrolled in the charter school as payment for the charter schools portion of central administrative costs incurred by the local board. Each local charter school shall be included in the allotment of funds to the local school system in which the charter school is located. All federal, state, and local funds due to the local charter school shall be forwarded to the school from time to time as specified in the charter. (b) Each state chartered special school governing board or petitioner shall negotiate funding per pupil enrolled in the state chartered special school with the state board as a provision of its charter at a minimum of 100 percent of funds available for expenditure per pupil from state and federal funds, excluding capital expenses. (c) The state shall meet the financial obligations to state chartered special schools in accordance with this Code section; provided, however, that the state shall not be obligated to pay an amount greater than the per pupil state average as determined annually by the state board. The state board and the Department of Education shall have the joint responsibility to assess the funding needs of all state chartered special schools in the state and ensure that appropriate funds are included in the departments annual budget proposal. Payment of funds for the first month shall be sent directly from the department to state chartered special schools on July 1 of each fiscal year. All other payments shall be sent directly to state chartered special schools from time to time as specified in each such schools charter. (e) (d) The state board may require a local referendum of the qualified voters in the local school system in which the proposed state chartered special school will be located. Such referendum shall be held at the next regularly scheduled general election or as may otherwise be authorized at an earlier date by the local board or boards of education

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affected. Such referendum shall be held for the purpose of deciding whether the local board of education shall provide funds from school tax levies to support such state chartered special school or incur bonded indebtedness to support such state chartered special school or both. The ballot question shall be approved by the state board. (g) (e) The local board shall not distribute funds from local bond indebtedness and local school tax levies to a state chartered special school unless such use has been approved by qualified voters in accordance with subsection (e)(d) of this Code section. (f) Charter schools having students or programs that meet the eligibility criteria for state categorical program funds shall be entitled to their proportionate share of such funds. Any such funds shall be forwarded to each charter school as specified in such charter schools charter. (g) Each charter school shall provide transportation of charter school students within a reasonable distance of the charter school. As used in this Code section, the term 'a reasonable distance of the charter school' shall be determined by the charter but in any case shall be no greater than the largest busing area served by any school within the local school system where the charter school is located. The governing body of a local charter school may provide transportation through an agreement or contract with the local board, a private provider, or one or more parents. A local charter school and the local board shall cooperate in making arrangements that ensure that transportation is not a barrier to equal access for all students residing within a reasonable distance of the local charter school. A state chartered special school and the state board shall cooperate in making arrangements that ensure that transportation is not a barrier to equal access for all students residing within a reasonable distance of the state chartered special school. (h) If a charter school is located in a local school system that is providing programs or services to students that are funded by federal funds, such charter school shall receive federal funds for any eligible students enrolled in such charter school for the same level of service provided to eligible students in the schools operated by the local board. (i) State chartered special schools may elect to contract with the local board for the school system where the state chartered special school is located for any administrative and educational services. (j) If other goods and services are made available to a charter school through its charter, such goods and services shall be provided to the charter school at a rate no greater than the actual cost to the local board or state board. To maximize the use of state funds, the local board and state board shall allow charter schools to participate in their bulk purchasing program if applicable.
20-2-2068.2. (a) From moneys specifically appropriated for such purpose, the state board shall create a facilities fund for local charter schools and state chartered special schools for the purpose of:
(1) Lending money to such charter schools at a reduced rate of interest; or (2) Guaranteeing repayment of loans to such charter schools.

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(b) The state board shall not provide any moneys from the facilities fund to any conversion charter school that operates in a facility or facilities provided by the local board for a nominal fee or at no charge.
(c) (1) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the local charter school and the local board shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the local board in the event the local charter school terminates operations. (2) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the state chartered special school and the state board shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the state board in the event the state chartered special school terminates operations. (d) The reversion of property in accordance with subsection (c) of this Code section is subject to the complete satisfaction of all lawful liens or encumbrances. (e) Each local board of education that has designated any facility or property as surplus, intended for disposal, or otherwise unused shall make such facility or property available for lease or purchase by a local charter school on the same basis as it makes such facility or property available to other public schools under the control and management of the local board of education. A conversion charter school may not be charged a rental or leasing fee for the existing facility or for property normally used by the public school which became the conversion charter school. A local charter school that receives property from a local board may not sell or dispose of such property without the written permission of the local board."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 2, 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 Harbison

N Seay

Y Balfour

Y Harp

Y Shafer

Y Blitch

E Henson

Y Smith,F

Y Bowen

Y Hill

Y Smith,P

N Brown

E Hooks

Y Squires

Y Brush

Y Hudgens

Y Starr

Y Bulloch

Y Jackson

Y Stephens

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N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee E Levetan Y Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh

N Stokes Tanksley Tate
Y Thomas,D N Thomas,N E Thomas,R Y Thompson Y Tolleson Y Unterman
Williams Y Zamarripa

On the passage of the bill, the yeas were 41, nays 8.

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

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.

Senate Sponsor: Senator Unterman of the 45th.

The Senate Agriculture and Consumer Affairs Committee offered the following substitute to HB 347:
A BILL TO BE ENTITLED AN ACT

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; to provide for registration of veterinary technicians and regulation of the practice of veterinary technology; to provide for certain exceptions; to provide punishments for certain

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violations; to provide standards for veterinary facilities; to provide for immunity for certain acts; 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.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 50, relating to veterinarians and veterinary technicians, and inserting in lieu thereof the following:
"CHAPTER 50 ARTICLE 1
43-50-1. This chapter shall be known and may be cited as the 'Georgia Veterinary Practice Act.'
43-50-2. This chapter is enacted as an exercise of the powers of the state to promote the public health, safety, and welfare by safeguarding the people of this state against incompetent, dishonest, or unprincipled practitioners of veterinary medicine or veterinary technology.
43-50-3. As used in this chapter, the term:
(1) 'Accredited college or school of veterinary medicine' means any veterinary college or school or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association Council on Education or its successor organization. (1)(2) 'Animal' means any animal other than man and includes fowl, birds, fish, and reptiles, wild or domestic, living or dead. (3) 'AVMA accredited program in veterinary technology' means any postsecondary educational program of two or more academic years that has fulfilled the essential criteria established by the Committee on Veterinary Technician Education and Activities and approved by the American Veterinary Medical Association or its successor organization. (2)(4) 'Board' means the State Board of Veterinary Medicine. (5) 'Direct supervision' means that the licensed veterinarian is on the premises and is quickly and easily available and that the animal patient has been examined by a licensed veterinarian at such time as acceptable veterinary medical practice requires, consistent with the particular delegated animal health care task.

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(6) 'ECFVG certificate or its substantial equivalent' means a certificate issued by the American Veterinary Medical Association Educational Commission for Foreign Veterinary Graduates or its successor organization indicating the holder has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited college of veterinary medicine. (7) 'Immediate supervision' means the licensed veterinarian is in audible and visual range of the animal patient and the person treating the animal. (8) 'Indirect supervision' means the licensed veterinarian is not on the premises but has given either written or oral instructions for the treatment of the animal patient and the animal has been examined by a licensed veterinarian at such times as acceptable veterinary medical practice requires, consistent with the particular delegated health care task. (3)(9) 'Licensed veterinarian' means a person who is validly and currently licensed to practice veterinary medicine in this state. (4)(10) 'Person' means any individual, firm, partnership, limited liability company, association, joint venture, cooperative, and corporation or any other group or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, member, director, officer, or any other representative of such person. (5)(11) To 'practice veterinary medicine' or the 'practice of veterinary medicine' means:
(A) To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions, including the prescription, or administration, or dispensing of any prescription drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique for testing on, for, or to any animal, including but not limited to acupuncture, animal dentistry, manual or mechanical adjustment procedures, physical therapy, surgery, diagnostic veterinary pathology, any manual, mechanical, biological, or chemical procedure used for pregnancy testing, or for correcting sterility or infertility, or to render advice or recommendations with regard to any of the above; but not including such administration or dispensing pursuant to prescription or direction of a licensed veterinarian, homeopathy, or botanical medicine;
(B)(i) To apply or use any instrument or device on any portion of an animals tooth, gum, or any related tissue for the prevention, cure, or relief of any wound, fracture, injury, disease, or other condition of an animals tooth, gum, or related tissue. (ii) To engage in preventive dental procedures on animals including, but not limited to, the removal of calculus, soft deposits, plaque, or stains or the smoothing, filing, or polishing of tooth surfaces. (iii) Nothing in this subparagraph shall prohibit any person from utilizing cotton swabs, gauze, dental floss, dentifrice, toothbrushes, or similar items to clean an

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animals teeth; (C) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in subparagraphs (A) and (B) of this paragraph; and (D) To use any title, words, abbreviation, or letters in a manner or under circumstances which induce the belief that the person using them is legally authorized or qualified to do any perform an act described in subparagraphs (A) and (B) of included in this paragraph, except where such person is a veterinarian. Such use shall be evidence of the intention to represent oneself as engaged in the practice of veterinary medicine; (E) To apply principles of environmental sanitation, food inspection, environmental pollution control, zoonotic disease control, and disaster medicine in the promotion and protection of public health as it specifically relates to animals. This subparagraph shall apply only to licensed veterinarians and not to other qualified individuals; (F) To collect blood or other samples for the purpose of diagnosing diseases or related conditions. This subparagraph shall not apply to unlicensed professionals employed by or under contract with the United States Department of Agriculture or the Georgia Department of Agriculture who are engaged in their official duties; or (G) To administer a rabies vaccination to any animal that the state requires to be vaccinated. (12) 'Prescription drug' includes any medicine, medication, or pharmaceutical or biological product whose manufacturers label must, pursuant to federal or state law, have the following statement printed on its packaging: 'Federal law restricts this drug to use by or on the order of a licensed veterinarian'; or any over-the-counter product that is used in a manner different from the label directions and that by definition requires a valid veterinarian-client-patient relationship for prescription or dispensing. (13) 'Registered veterinary technician' means a veterinary technician who is validly and currently registered to practice veterinary technology in this state. (6) 'School of veterinary medicine' means any veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association. (7)(14) 'Veterinarian' means a person who has received a doctors doctorate degree in veterinary medicine from a college or school of veterinary medicine. (15) 'Veterinarian-client-patient relationship' means that: (A) The licensed veterinarian or his or her licensed designee has assumed the responsibility for making medical judgments regarding the health of the animal and the need for medical treatment, and the client (owner or caretaker) has agreed to follow the instruction of the licensed veterinarian; (B) There is sufficient knowledge of the animal by the licensed veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal. This means that the licensed veterinarian has recently seen and is personally

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acquainted with the keeping and care of the animal by the virtue of examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept; and (C) A licensed veterinarian is readily available for follow up in the case of adverse reactions or failure of the regimen of therapy. (16) 'Veterinary facility' means any premises owned or operated by a veterinarian or his or her employer where the practice of veterinary medicine occurs, including but not limited to veterinary hospitals, clinics, or mobile clinics; provided, however, that such term does not include a clients private property where a licensed veterinarian treats the clients animals. (8)(17) 'Veterinary medicine' includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine. (18) 'Veterinary technician' means a person who engages in the practice of veterinary technology. (19) 'Veterinary technology' means the science and art of providing certain aspects of professional medical care and treatment for animals and the practice of veterinary medicine as may be delegated by a veterinarian but does not include making a diagnosis or prognosis, prescribing treatment, performing surgery, or the prescription of medications. Such authorized tasks when performed by a registered veterinary technician in accordance with such delegation by a licensed veterinarian shall not constitute the practice of veterinary medicine by such registered veterinary technician, the provisions of paragraph (11) of this Code section notwithstanding.
ARTICLE 2 43-50-20. (a) The There shall be a State Board of Veterinary Medicine is created, the members of which shall be appointed by the Governor with the approval of the Secretary of State and confirmed confirmation by the Senate. The board shall consist of six members, each appointed for a term of five years or until his or her successor is appointed. Five members of the board shall be duly licensed veterinarians actually engaged in active practice for at least five years prior to appointment. The sixth member shall be appointed from the public at large and shall in no way be connected with the practice of veterinary medicine. The initial appointment for the sixth member shall expire June 30, 1985; thereafter, successors shall be appointed for a term of five years. Those members of the Georgia State Board of Veterinary Examiners State Board of Veterinary Medicine serving on July 1, 1965 2003, shall continue to serve as members of the board until the expiration of the term for which they were appointed. Thereafter, successors to such board members shall be appointed in accordance with this Code section. (b) Vacancies due to death, resignation, removal, or otherwise shall be filled for the remainder of the unexpired term in the same manner as regular appointments. No person shall serve two consecutive five-year terms, but a person appointed for a term of less than five years may succeed himself or herself.

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(c) No person may serve on the board who is, or was during the two years preceding his or her appointment, a member of the faculty, trustees, or advisory board of a veterinary school. (d) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (e) Any member of the board may be removed by the Governor after a hearing by the board determines cause for removal. (f) The board shall meet at least once each year at the time fixed by the board. Other necessary meetings may be called by the president of the board by giving such notice as shall be established by the board. Meetings shall be open and public except that the board may meet in closed session to prepare, approve, administer, or grade examinations or to deliberate the qualifications of an applicant for license or the disposition of a proceeding to discipline a licensed veterinarian. (g) At its annual meeting, the board shall organize by electing a president and such other officers as may be required by the board. Officers of the board serve for terms of one year and until a successor is elected, without limitation on the number of terms an officer may serve. The president shall serve as chairman of chair the board meetings.
43-50-21. (a) The board shall have the power to:
(1) Examine and determine the qualifications and fitness of applicants for a license licenses or registrations to practice veterinary medicine and veterinary technology in this state; (2) Issue, renew, refuse to renew, deny, suspend, or revoke licenses or registrations to practice veterinary medicine or veterinary technology in this state or otherwise discipline licensed veterinarians and registered veterinary technicians; and to issue, renew, deny, suspend, or revoke veterinary faculty licenses, consistent with this article chapter and the rules and regulations adopted under this article chapter; (3) Conduct investigations for the purpose of discovering violations of this article chapter or grounds for disciplining licensed veterinarians persons licensed or registered under this chapter; (4) Hold hearings on all matters properly brought before the board; and, in connection therewith, to administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings. The board may designate one or more of its members to serve as its hearing officer; (5) Appoint from its own membership one member to act as a representative of the board at any meeting within or outside the state where such representative is deemed desirable; (6) Bring proceedings in the courts for the enforcement of this article chapter or any regulations made pursuant to this article chapter; and (7) Adopt, amend, or repeal all rules necessary for its government and all regulations necessary to carry this article chapter into effect, including without limitation the

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establishment and publication of standards of professional conduct for the practice of veterinary medicine and veterinary technology. (b) The powers enumerated in subsection (a) of this Code section are granted for the purpose of enabling the board to supervise effectively the practice of veterinary medicine and veterinary technology and are to be construed liberally to accomplish this objective.
ARTICLE 3 Part 1
43-50-22. 43-50-30. (a) No person may practice veterinary medicine in this state who is not a licensed veterinarian or the holder of a valid temporary license issued by the division director pursuant to this article. (b) A licensed veterinarian may practice veterinary medicine as an employee of a corporation, partnership, or other business organization provided the articles of incorporation, partnership, or business organization documents clearly state that the licensed veterinarian is not subject to the direction of anyone not licensed to practice veterinary medicine in Georgia in making veterinary medical decisions or judgments.
43-50-23. 43-50-31. (a) Any person desiring a license to practice veterinary medicine in this state shall make written application to the board. The application shall include evidence, satisfactory to the board, that:
(1) The applicant has attained the age of 18; (2) The applicant is of good moral character; (3) The applicant is a graduate of a veterinary school an accredited college or school of veterinary medicine or possesses an ECFVG certificate or its substantial equivalent; provided, however, that a senior veterinary student may, in the discretion of the board, be allowed to sit for the examination during his or her senior year if he or she meets the other qualifications but shall not be issued a license unless and until he or she graduates; and (4) The applicant meets such other qualifications or provides such other information as the board may require by rule. (b) The application shall be accompanied by a fee in the amount established by the board. (c) If the board determines that an applicant possesses the proper qualifications, it shall admit the applicant to the next examination; provided, however, that the board may provide by rule for waiver of any part of such examination for veterinarians who are licensed as such by another state and who are in good standing therewith.
43-50-24. 43-50-32. (a) The board shall hold at least one license examination during each year and may hold such additional license examinations as are necessary.

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(b) After each examination, the division director shall notify each examinee of the result of his or her examination, and the board shall issue licenses to the persons successfully completing the examination. The division director shall record the new licenses and issue a certificate of registration to the new licensees. Any person failing an examination shall be admitted to any subsequent examination on payment of the application fee. If an applicant fails a license examination, the applicant may take a subsequent examination upon payment of the registration and examination fees. No person may take the examination more than three times without review and approval by the board. Approval may be provided under such circumstances as the board deems appropriate.
43-50-25. 43-50-33. Any person holding a valid license to practice veterinary medicine in this state on July 1, 1965 2003, shall be recognized as a licensed veterinarian and shall be entitled to retain this status so long as he or she complies with this article, including biennial renewal of the license.
Part 2 43-50-26. 43-50-40. (a) All licenses and registrations under this article shall be renewable biennially. (b) Any person who shall practice veterinary medicine or veterinary technology after the expiration of his or her license or registration and willfully or by neglect fail to renew such license or registration shall be practicing in violation of this article, provided that any person may renew an expired license or registration within one year of the date of its expiration by making written application for renewal and paying the current renewal fee plus all delinquent renewal fees. After one year has elapsed from the date of the expiration, such license or registration may be reinstated in accordance with the rules of the board. (c) The board may by rule waive the payment of the registration renewal fee of a licensed veterinarian or registered veterinary technician during the period when he or she is on active duty with any branch of the armed forces of the United States, not to exceed the longer of three years or the duration of a national emergency.
(d)(1) The board shall establish a program of continuing professional veterinary medical education for the renewal of veterinarian veterinary licenses. Notwithstanding any other provision of this article, beginning with the licenses which are to be renewed in 1990, no license to practice veterinary medicine shall be renewed by the board or the division director until the licensed veterinarian submits to the board satisfactory proof of his or her participation, during the biennium preceding his or her application for renewal, in approved programs of continuing professional veterinary medical education, as defined in this Code section. Veterinarians who have been licensed in this state for 40 years or more on December 31, 1988, shall not be required to participate in continuing education as a condition of license renewal. The amount of continuing veterinary medical education required of licensed veterinarians by the

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board under this paragraph shall not exceed be less than 30 hours and shall be established by board rule. (2) Continuing professional veterinary medical education shall consist of educational programs providing training pertinent to the practice of veterinary medicine and approved by the board under this Code section. The board shall may approve educational programs for persons practicing veterinary medicine in this state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, professional organizations, or qualified individuals for the provision of approved programs. In addition to such programs, the board shall may allow the continuing professional veterinary medical education requirement to be fulfilled by the completion of approved correspondence courses which provide the required hours of approved programs of continuing professional veterinary medical education or to be fulfilled by a combination of approved correspondence courses and other educational programs distance learning courses, with the number of hours being established by board rule. (3) The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code section, including the establishment of a committee to prescribe standards, approve and contract for educational programs, and set the required minimum number of hours per year. (e) The board shall provide by regulation for an inactive status license or registration
for those individuals who elect to apply for such status. Persons who are granted inactive status shall not engage in the practice of veterinary medicine or veterinary technology and shall be exempt from the requirements of continuing veterinary medical education during such inactivity.
43-50-27. 43-50-41. (a) The board is authorized to refuse to grant a license or registration to an applicant, or to revoke the license or registration of a veterinarian person licensed or registered by the board, or to discipline a veterinarian person licensed or registered under this chapter or any antecedent law, or to discipline a veterinary technician licensed under this chapter or any antecedent law, upon a finding by a majority of the entire board that the licensee, registrant, or applicant has:
(1) Failed to demonstrate the qualifications or standards for a license or registration contained in this chapter or in the rules and regulations issued by the board, pursuant to specific statutory authority. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for the issuance of a license or registration, and, if the board is not satisfied as to the applicants qualifications, it may deny a license or registration without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of veterinary medicine or veterinary technology on any document connected therewith; or practiced fraud or deceit or intentionally made any false

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statement in obtaining a license or registration to practice veterinary medicine or veterinary technology; or made a false statement or deceptive biennial registration renewal with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony without regard to its designation elsewhere. As used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42 or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his or her license to practice veterinary medicine or registration to practice veterinary technology revoked, suspended, or annulled by any lawful licensing veterinary medical authority other than the board; or had other disciplinary action taken against him or her by any lawful licensing or registering veterinary medical authority other than the board; or was denied a license or registration by any lawful licensing veterinary medical authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license or registration by any lawful licensing veterinary medical authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee, registrant, or applicant to practice veterinary medicine or veterinary technology, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury or be directly related to the practice of veterinary medicine or veterinary technology but shows that the licensee, registrant, or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing veterinary medical practice or veterinary technology practice. Unprofessional conduct shall also include, but not be limited to, the following: failure to keep veterinary facility premises and equipment in a clean and sanitary condition; dishonesty or gross negligence in the inspection of foodstuffs or the issuance of health or inspection certificates; or cruelty to animals;

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(7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed or unregistered person or any licensee or registrant whose license or registration has been suspended or revoked by the board to practice veterinary medicine or veterinary technology or to practice outside the scope of any disciplinary limitation placed upon the licensee or registrant by the board; (8) Violated a statute, law, or any rule or regulation of this state, any other state, the board, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, law, rule, or regulation relates to or in part regulates the practice of veterinary medicine or veterinary technology, when the licensee, registrant, or applicant knows or should know that such action violates such statute, law, rule, or regulation; or violated the lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction within or without this state. Any such adjudication shall automatically suspend the license or registration of any such person and shall prevent the reissuance or renewal of any license or registration so suspended for as long as the adjudication of incompetence is in effect; (10) Displayed an inability to practice veterinary medicine or veterinary technology with reasonable skill and safety to patients or has become unable to practice veterinary medicine or veterinary technology with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition, or by reason of displaying habitual intoxication, addiction to, or recurrent personal misuse of alcohol, drugs, narcotics, chemicals, or any other type of similar substances. In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee, registrant, or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute. Every person who shall accept the privilege of practicing veterinary medicine or veterinary technology in this state or who shall file an application for a license or registration to practice veterinary medicine or veterinary technology in this state shall be deemed to have given that persons consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee, registrant, or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure is due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee, registrant, or applicant who is prohibited from practicing veterinary medicine or veterinary technology under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that such person can resume or begin the practice of veterinary medicine or veterinary technology with reasonable skill and safety to patients;

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(11) Failed to register with the division director as required by law. It shall be the duty of every licensee or registrant to notify the board of any change in his or her address of record with the board; provided, however, that, for a period established by the division director after failure to register, a license or registration may be reinstated by payment of a registration fee to be determined by the board by rule and by filing of a special application therefor. After this period has elapsed, a license or registration may be revoked for failure to register and for failure to pay the fee as provided by law. Any license revoked under the terms of this Code section may be reinstated only upon an applicants taking the examination required by Code Section 43-50-23 and paying the fees prescribed by law therefor; (12) Engaged in the excessive prescribing or administering of drugs or treatment or the use of diagnostic procedures which are detrimental to the patient as determined by the customary practice and standards of the local community of licensees; or knowingly prescribed controlled drug substances or any other medication without a legitimate veterinary medical purpose; or knowingly overprescribed controlled drug substances or other medication, in light of the condition of the patient at the time of prescription; or (13) Knowingly made any fraudulent, misleading, or deceptive statement in any form of advertising or made any statement in any advertisement concerning the quality of the veterinary services rendered by that licensed veterinarian or any licensed veterinarian associated with him or her. For purposes of this paragraph, 'advertising' shall include any information communicated in a manner designated to attract public attention to the practice of the licensee. or registrant; (14) Used, prescribed, or sold any veterinary prescription drug or prescribed an extralabel use of any drug in the absence of a valid veterinarian-client-patient relationship; or (15) Has had his or her U. S. Drug Enforcement Administration privileges restricted or revoked. (b) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to emergency action by the board and summary suspension of a license or registration are adopted and incorporated by reference into this chapter. (c) For purposes of this Code section, the board may obtain, and is authorized to subpoena, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee, registrant, or applicant, and such records shall be admissible in any hearing before the board. (d) When the board finds that any person is unqualified to be granted a license or registration or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions: (1) Refuse to grant or renew a license or registration to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee anyone other than the person reprimanded;

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(3) Suspend any license or registration for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license or registration; (4) Limit or restrict any license or registration as the board deems necessary for the protection of the public; (5) Revoke any license or registration; or (6) Condition the penalty upon, or withhold formal disposition pending, the applicants, registrants, or licensees submission to such care, counseling, or treatment as the board may direct. (e) In addition to and in conjunction with the actions described in subsection (d) of this Code section, the board may make a finding adverse to the licensee, registrant, or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee or registrant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (f) Initial judicial review of a final decision of the board shall be had solely in the superior court of the county of domicile of the board. (g) In its discretion, the board may reinstate a license or registration which has been revoked or issue a license or registration which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this chapter. (h)(1) The division director is authorized to make, or cause to be made through employees or contract agents of the board, such investigations as he or she or the board may deem necessary or proper for the enforcement of the provisions of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee, registrant, or applicant. The division director or his or her appointed representative may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this chapter or any other law relating to the practice of veterinary medicine or veterinary technology may have taken place. (2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the division director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority. (3) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee, registrant, or applicant and the legal counsel of that licensee, registrant, or applicant.

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

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passed on by a judge of the superior court of the county of residence of the person to whom the subpoena is directed. (o) Any proceeding or administrative action instituted under this Code section shall be governed by the provisions of this Code section as they existed in full force and effect on the date of the commission of the act or acts constituting a violation of this Code section, except as otherwise specifically declared by the General Assembly.
43-50-28. Reserved.
43-50-29. 43-50-42. (a) The board may issue a temporary license to the following applicants who are qualified to take the veterinary license examination:
(1) An applicant licensed in another state. Such license shall have the same force and effect as a permanent license until the time of its expiration; and (2) An applicant who is not the holder of any veterinary license. Such license shall authorize the applicant to work under the supervision of a licensed veterinarian as provided by the board. (b) The temporary license shall expire on the date that permanent licenses are issued to persons who have passed the examination provided for in Code Section 43-50-24 4350-32, which examination occurred immediately following the issuance of the temporary license. (c) A temporary license issued pursuant to this Code section may, in the discretion of the board, be renewed for one six-month period only; provided, however, that no temporary license shall be issued, renewed, or reissued to a person who fails to pass the examination established by the board.
43-50-30. 43-50-43. The board may, in its discretion, issue a veterinary faculty license to any qualified applicant associated with one of this states institutions of higher learning and involved either in research activities within such institution or in the instructional program of either undergraduate or graduate veterinary medical students, subject to the following conditions:
(1) That the holder of the veterinary faculty license shall be remunerated for the practice aspects of his or her services solely from state, federal, or institutional funds and not from the patient-owner beneficiary of his or her practice efforts; (2) That the applicant will furnish the board with such proof as the board may deem necessary to demonstrate that the applicant is a graduate of a reputable school or college of veterinary medicine; that the applicant has or will have a faculty position at an institution which meets the requirements of paragraph (1) of this Code section, as certified by an authorized administrative official at such institution; and that the applicant understands and agrees that the faculty license is valid only for the practice of veterinary medicine as a faculty member of the institution;

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(3) That the license issued under this Code section may be revoked or suspended or the licensee may be otherwise disciplined in accordance with Code Section 43-50-27 43-50-41; and (4) That the license issued under this Code section may be canceled by the board upon receipt of information that the holder of the veterinary faculty license has left or has otherwise been discontinued from faculty employment at an institution of higher learning of this state.
43-50-31. Reserved.
43-50-32. 43-50-44. This article shall not be construed to prohibit:
(1) An employee of the federal, state, or local government or any contractual partner thereof or any employee of a public or private college or university from performing his or her duties relating to animals owned by or on loan to such employer; (2) A person who is a regular student in a veterinary school or school of veterinary technology performing duties or actions assigned by his or her instructors or working under the direct supervision of a licensed veterinarian; (3) A person advising with respect to, or performing acts which the board by rule has prescribed as, accepted livestock management practices A person, compensated or otherwise, from performing acceptable livestock management practices, which practices shall include, but not be limited to, castration of food animals, dehorning without the use of prescription drugs or surgical closure of wounds, hoof trimming or shoeing, docking, ear notching, removing needle teeth, testing for pregnancy, implantation of over-the-counter growth implants, implantation of over-the-counter identification devices, artificial insemination, the use of federally approved over-thecounter products, branding, collecting of fluids for genetic identification and classification, semen collection and storage, and the use of ultrasound for collection of production data and similar nondiagnostic purposes; (4) A person assisting with a nonsurgical fetal delivery in a food animal, provided that no fee is charged; (4)(5) A veterinarian regularly licensed in another state consulting with a licensed veterinarian in this state The actions of a veterinarian currently licensed in another state, province of Canada, or a United States territory in consulting with a licensee of this state but who:
(A) Does not open an office or appoint a place to do business within this state; (B) Does not print or use letterhead or business cards reflecting in-state addresses; (C) Does not establish answering services or advertise the existence of a practice address within this state; (D) Does not practice veterinary medicine as a consultant rendering services directly to the public without the direction of a licensed veterinarian of this state more than two days per calendar year; and

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(E) Is providing services for an organization conducting a public event lasting less than ten days that utilizes animals in need of veterinary examinations, treatments, or oversight to promote the safety and health of the public, the event, and the animal participants; provided, however, that a veterinarian licensed in another state who practices veterinary medicine on animals belonging to residents of this state by communicating directly with such owners and independent of the attending veterinary licensee is not exempt from this states licensing requirements; (5)(6) Any merchant or manufacturer selling, at his or her regular place of business, medicines, feed, appliances, or other products used in the prevention or treatment of animal diseases. This shall not be construed to authorize the sale of medicines which must be obtained by a prescription from a pharmacist but shall only include the right to sell those medicines which are classified as proprietary and which are commonly known as over-the-counter medicines; (6)(7) The owner of an animal, and the owners full-time regular employee, or the owners friend or relative provided no fee is charged, caring for and treating the animal belonging to such owner, except where the ownership of the animal was transferred for purposes of circumventing this article; (8) The owner, operator, or employee of a licensed kennel, animal shelter, or stable or of a pet-sitting service providing food, shelter, or supervision of an animal or administering prescription drugs pursuant to prescription of a licensed veterinarian or over-the-counter medicine to an animal; (7)(9) The holder of a veterinary faculty license issued by the board performing regular teaching duties or a person lecturing or giving instructions or demonstrations at a veterinary school or in connection with a continuing education course or seminar A member of the faculty, a resident, an intern, or a graduate student of an accredited college or school of veterinary medicine or school of veterinary technology performing his or her regular nonclinical functions or a person lecturing or giving instructions or demonstrations at an accredited college or school of veterinary medicine or school of veterinary technology in connection with a continuing education course or seminar; (8)(10) Any person selling or applying any pesticide, insecticide, or herbicide; (9)(11) Any person engaging in bona fide scientific research which reasonably requires experimentation involving animals; (10)(12) Any person performing artificial insemination; or nonsurgical transfer of embryos; or (11)(13) An employee of a licensed veterinarian administering prescribed care to an animal under the direct appropriate supervision of the veterinarian.; (14) A graduate of a foreign college or school of veterinary medicine who is in the process of obtaining the ECFVG certificate or its substantial equivalent performing duties or actions under the direct supervision of a licensed veterinarian; (15) A person or his or her employee from the nonsurgical removal of an embryo from an animal for the purpose of transplanting such embryo into another female animal, cryopreserving such embryo, or implanting such embryo in an animal,

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provided the use of prescription medications in such animals is maintained under the direction of a licensed veterinarian with a valid veterinarian-client-patient relationship; (16) Any other licensed or registered health care provider utilizing his or her special skills so long as the treatment of the animal is under the direction of a licensed veterinarian with a valid veterinary-client-patient relationship; (17) A person performing soft tissue animal massage or other forms of soft tissue animal manipulation; (18) A person performing aquaculture or raniculture management practices; (19) A person implanting electronic identification devices in small companion animals; or (20) An employee or contractual partner of a zoological park or aquarium accredited by the American Zoo and Aquarium Association or other substantially equivalent nationally recognized accrediting agency as determined by the board from performing his or her duties that are approved by a licensed veterinarian and relate to animals owned by or on loan to such zoological park or aquarium.
43-50-33. 43-50-45. (a) Any person who practices veterinary medicine without a valid license in violation of this article shall be guilty of a misdemeanor the misdemeanor offense of practicing veterinary medicine without a license and, upon conviction thereof, shall be fined not less than $50.00 nor more than $500.00 or imprisoned for no more than 90 days, or both punished as provided in this Code section, provided that each act of such unlawful practice shall constitute a distinct and separate offense. (b) No person who shall practice veterinary medicine without a valid license may receive any compensation for services so rendered. Upon being convicted a first time under this Code section, such person shall be punished by a fine of not more than $500.00 for each offense. Upon being convicted a second or subsequent time under this Code section, such person shall be punished by a fine of not more than $1,000.00 for each offense, imprisonment for not more than 12 months, or both such fine and imprisonment. (c) The board or any citizen of this state may bring an action to enjoin any person from practicing veterinary medicine without a valid license. If the court finds that the person is violating, or is threatening to violate, this article, it shall enter an injunction restraining him or her from such unlawful acts. (d) The successful maintenance of an action based on any one of the remedies set forth in this Code section shall in no way prejudice the prosecution of an action based on any other of the remedies.
ARTICLE 3 Part 3
43-50-50. It is the purpose of this article part to encourage more effective utilization of the skills of licensed veterinarians by enabling them to delegate certain veterinary health care

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tasks to registered veterinary technicians where such delegation is consistent with the animal patients health and welfare.
43-50-51. As used in this article, the term:
(1) 'Direct supervision' means instruction and directions requiring the physical presence of a licensed veterinarian on the premises. (2) 'Registered animal technician' means any person approved to work as a registered animal technician by the State Board of Veterinary Medicine under the former laws regulating animal health technicians in the State of Georgia. (3) 'Veterinary technician' means an individual who has received a degree in animal technology or a comparable subject from an approved school of veterinary medicine or veterinary technology and who is employed by and under the direct supervision of a licensed veterinarian to perform the following duties:
(A) Obtain and record information about animal patients; (B) Prepare animal patients, instruments, equipment, and medication for surgery; (C) Collect specimens and perform laboratory procedures; (D) Apply wound dressings; or (E) Assist a licensed veterinarian in diagnostic, medical, and surgical procedures. Reserved.
43-50-52. (a)(1) Any person desiring to work as a veterinary technician in this state shall apply to the board for a certificate of registration as a veterinary technician and shall pass such examinations as the board requires. All such applications shall be made on forms provided by the board and shall be accompanied by a fee to be provided for such fee as may be required by the board. (2) The application shall include evidence, satisfactory to the board, that: (A) The applicant has attained the age of 18; (B) The applicant is of good moral character; (C)(i) The applicant is a graduate of an animal technology program approved by the board; and a college or technical school course of study in veterinary technology from an institution accredited by the American Veterinary Medical Association, including without limitation instruction in the operation of life sustaining oxygen equipment, and has successfully passed an examination required by the board; or (ii) The applicant has successfully completed a college course of study in the care and treatment of animals from an institution having a curriculum approved by the board, including without limitation instruction in the operation of life sustaining oxygen equipment, and has successfully passed an examination required by the board; and (D) The applicant meets such other qualifications or provides such other information as the board may require by rule.

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(3) If the board finds that the applicant possesses the proper qualifications, it shall admit the applicant to the examination. (4) If the applicant is found not qualified to take the examination, the board shall notify the applicant in writing of such finding and return his examination fee. (b) Until January 1, 1984, any person who has been at any time certified as a registered animal technician and has had three years experience of employment as a registered animal technician shall upon application be registered as a veterinary technician without examination and without meeting the requirements of paragraphs (1) and (2) of subsection (a) of this Code section. Until July 1, 2005, any person who during the period from July 1, 1993, through June 30, 2003, acquired a minimum of five years experience assisting a licensed veterinarian may, with a signed affidavit from his or her supervising veterinarian attesting to his or her level of on-the-job training, be allowed to take the examination approved by the board. Upon receiving a passing grade on such examination, the board may issue a certificate of registration. The board shall provide a list of appropriate study materials to candidates. (c) Any person who immediately prior to July 1, 1983, was currently certified as a registered animal technician shall be entitled to be registered as a veterinary technician and to have such certification renewed without examination and without meeting any requirements of paragraphs (1) and (2) of subsection (a) of this Code section. Until January 1, 2005, any person who at any time prior to July 1, 2003, was certified as a registered veterinary technician in this state shall be entitled to renew such registration without examination and without meeting any requirements of subparagraph (a)(2)(C) of this Code section. (d) The board may issue a certificate of registration to an applicant if the applicant is currently registered in another state having standards for admission substantially the same as this state and such standards were in effect at the time the applicant was first admitted to practice in the other state. (e) The board shall be responsible for registering any person who wishes to practice as a registered veterinary technician in this state and shall limit, restrict, supervise, and define such practice by board rule as the board deems appropriate and necessary for the protection of the public health, safety, and general welfare.
43-50-53. (a) The board shall hold at least one registration examination during each year and may hold such additional examinations as are necessary for applicants annually or allow applicants to take automated tests at such locations and at such times as determined by the board. (b) After each examination, the division director shall notify each examinee of the results of his examination, and the board shall issue certificates of registration to the successful applicants. Any person failing an examination shall be admitted to any subsequent examination on payment of the examination fee The board shall establish rules governing the preparation, administration, and grading of the examination. The board may adopt the National Veterinary Technicians Examination prepared by the

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Professional Examination Service or any other such examination prepared to the boards standards and satisfaction. (c) The board shall establish by rule the score needed to pass any examination. (d) If an applicant fails an examination, the applicant may take a subsequent examination upon payment of the registration and examination fees. No person may take the examination more than three times without review and approval by the board under such circumstances as the board deems appropriate. (e) Any registered veterinary technician in this state whose certificate of registration has been on inactive status for at least five consecutive years and who desires to reactivate such registration shall be required to take continuing education, pay all fees, and meet all other requirements and board rules for registration as a veterinary technician. It shall be the duty of the board to approve study materials that may be used to assist such persons in preparing for any examination.
43-50-54. (a) A registered veterinary technician shall be allowed to perform his duties only under the direct supervision of a licensed veterinarian Any person registered as a veterinary technician must at all times be under the supervision of a licensed veterinarian while practicing as a registered veterinary technician in this state. The level of supervision shall be consistent with the delegated animal health care task. The board may establish by rule, in such general or specific terms as it deems necessary and appropriate for purposes of this article, the level of supervision, whether direct supervision, immediate supervision, or indirect supervision, that is required by the licensed veterinarian for any delegated animal health care task. (b) Veterinary technicians registered under this article shall at all times notify the division director of the name and location of the veterinarian under whose supervision such veterinary technician is working. Specifically and without limitation, the board may take disciplinary action against a registered veterinary technician if the technician:
(1) Solicits patients from a licensed veterinarian; (2) Solicits or receives any form of compensation from any person for veterinary services rendered other than from the licensed veterinarian or corporation under whom the registered technician is employed; (3) Willfully or negligently divulges a professional confidence or discusses a licensed veterinarians diagnosis or treatment without the express permission of the licensed veterinarian; or (4) Demonstrates a manifest incapability or incompetence to perform as a registered veterinary technician. (c) A veterinary technician may not be utilized in any manner which would be in violation of Article 2 of this chapter this article. (d) A veterinary technician shall not be utilized to perform the duties of a pharmacist licensed under Chapter 4 of Title 26.

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43-50-55. (a) Any licensed veterinarian, animal clinic, or animal hospital using registered veterinary technicians shall post a notice to that effect in a prominent place. (b) A registered veterinary technician must clearly identify himself or herself as such in order to ensure that he or she is not mistaken by the public as a licensed veterinarian. This may be accomplished, for example, by the wearing of an appropriate name tag. Any time the registered veterinary technicians name appears in a professional setting, his or her status must be shown as 'registered veterinary technician.'
(c)(1) No licensed veterinarian shall have more than two four registered veterinary technicians in his employment on duty under his or her supervision at any one time. (2) No licensed veterinarian shall practice veterinary medicine at a veterinary facility when the number of registered veterinary technicians employed at such veterinary facility exceeds the number of licensed veterinarians regularly engaged in the practice of veterinary medicine at such veterinary facility by a ratio of more than 2:1. (3) The provisions of this subsection shall not apply to any licensed veterinarian engaged in a specialty practice if he or she is certified for such specialty practice by a college approved for such purpose by the American Veterinary Medical Association or its successor organization.
43-50-56. A veterinarian who applies for or utilizes a registered veterinary technician shall be responsible for any violation of any limitations which are placed on the duties of a registered veterinary technician.
43-50-57. The approval of a veterinarians utilization of a veterinary technician may be terminated or suspended, and the registration certificate revoked, suspended, or otherwise sanctioned in accordance with the provisions of Code Section 43-50-27.
ARTICLE 4 43-50-60. Any person who gratuitously and in good faith administers emergency treatment to a sick or injured animal at the scene of an accident or emergency shall not be in violation of this chapter and shall not be liable to the owner of such animal in any civil action for damages; provided, however, that this Code section shall not provide immunity for acts of gross negligence."
PART II SECTION 2-1.
Said title is further amended by striking subsection (a) of Code Section 43-50-20 of the Official Code of Georgia Annotated, relating to creation of the State Board of Veterinary Medicine and its members, meetings, and officers, and inserting in lieu thereof the following:

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"(a) The There shall be a State Board of Veterinary Medicine is created, the members of which shall be appointed by the Governor with the approval of the Secretary of State and confirmed confirmation by the Senate. The board shall consist of six seven members, each appointed for a term of five years or until his or her successor is appointed. Five members of the board shall be duly licensed veterinarians actually engaged in active practice for at least five years prior to appointment. The sixth member shall be appointed from the public at large and shall in no way be connected with the practice of veterinary medicine. The initial appointment for the sixth member shall expire June 30, 1985; thereafter, successors shall be appointed for a term of five years. The seventh member shall be a registered veterinary technician who has been registered and actively engaged in the practice of veterinary technology for at least five years prior to appointment. The initial appointment of the veterinary technician shall expire on June 30 in the fifth calendar year after this subsection becomes effective; thereafter, successors shall be appointed for a term of five years. Those members of the Georgia State Board of Veterinary Examiners State Board of Veterinary Medicine serving on July 1, 1965, the effective date of this subsection shall continue to serve as members of the board until the expiration of the term for which they were appointed. Thereafter, successors to such board members shall be appointed in accordance with this Code section."
SECTION 2-2.
Said title is further amended by striking subsection (d) of Code Section 43-50-26, relating to renewal of licenses, and inserting in lieu thereof the following:
"(d)(1) The board shall establish a program programs of continuing professional veterinary medical education and continuing veterinary technology education for the renewal of veterinarian veterinary licenses and veterinary technician registrations. Notwithstanding any other provision of this article, beginning with the licenses which are to be renewed in 1990, no license to practice veterinary medicine or veterinary technology shall be renewed by the board or the division director until the licensed veterinarian or registered veterinary technician submits to the board satisfactory proof of his or her participation, during the biennium preceding his or her application for renewal, in approved programs of continuing professional veterinary medical education, as defined in this Code section. Veterinarians who have been licensed in this state for 40 years or more on December 31, 1988, shall not be required to participate in continuing education as a condition of license renewal. The amount of continuing veterinary medical education required of licensed veterinarians by the board under this paragraph shall not exceed be less than 30 hours and shall be established by board rule. (2) Continuing professional veterinary medical education or continuing veterinary technology education shall consist of educational programs providing training pertinent to the practice of veterinary medicine or veterinary technology and approved by the board under this Code section. The board shall may approve educational programs for persons practicing veterinary medicine or veterinary technology in this

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state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, professional organizations, or qualified individuals for the provision of approved programs. In addition to such programs, the board shall may allow the continuing professional veterinary medical education requirement to be fulfilled by the completion of approved correspondence courses which provide the required hours of approved programs of continuing professional veterinary medical education or to be fulfilled by a combination of approved correspondence courses and other educational programs distance learning courses, with the number of hours being established by board rule. (3) The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code section, including the establishment of a committee to prescribe standards, approve and contract for educational programs, and set the required minimum number of hours per year."
SECTION 2-3.
Said title is further amended by adding a new article in Chapter 50, relating to veterinarians and veterinary technicians, to read as follows:
"ARTICLE 5 43-50-70. (a) The board shall work cooperatively with licensed veterinarians to establish standards for veterinary facilities and equipment and shall promulgate rules for same. (b) The board shall have the authority to establish a method to monitor veterinary facilities, conduct investigations and hold proceedings related to alleged violations, and take necessary enforcement action against the license of a veterinarian for violations of rules promulgated under subsection (a) of this Code section.
43-50-71. This article shall not apply to any facility owned by the federal, state, or any local government, a public or private college or university, or a zoological park or aquarium that is accredited by the American Zoo and Aquarium Association or other substantially equivalent nationally recognized accrediting agency as determined by the board."
PART III SECTION 3-1.
(a) This part and Part I of this Act shall become effective on July 1, 2003, except that the provisions of subsection (b) of Code Section 43-50-30 as enacted by Part I of this Act shall become effective July 1, 2005. (b) Part II of this Act shall become effective only upon the effective date of an appropriation of funds for purposes of said part of this Act as expressed in a line item

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making specific reference to full funding of this Act in an appropriations Act enacted by the General Assembly.
SECTION 3-2.
All laws and parts of laws in conflict with this Act are repealed.
Senators Unterman of the 45th, Bulloch of the 11th, Hudgens of the 47th, Kemp of the 46th, Henson of the 41st and Seay of the 34th offered the following amendment:
Amend the Senate Agriculture and Consumer Affairs Committee substitute to HB 347 (LC 25 3140S) by striking lines 25 through 28 of page 18 and inserting in lieu thereof the following:
"(6)(7)(A) The owner of an animal and or the owners full-time regular employee caring for and treating the animal belonging to such owner, except where the ownership of the animal was transferred for purposes of circumventing this article; or (B) The owners friend or relative caring for or treating the animal belonging to such owner, provided that no fee is charged and the friend or relative does not solicit, advertise, or regularly engage in providing such care or treatment or administer or dispense prescription drugs without a valid prescription;".
By striking lines 14 through 18 of page 19 and inserting in lieu thereof the following: "(15) The owner of an animal, the owners employee, or a member of a nationally recognized organization that acknowledges individuals performing embryo transfer or artificial breeding and which organization is approved by the board from: (A) The nonsurgical removal of an embryo from an animal for the purpose of transplanting such embryo into another female animal, cryopreserving such embryo, or implanting such embryo in an animal, provided that the use of prescription medications in such animals is maintained under the direction of a licensed veterinarian with a valid veterinarian-client-patient relationship; or (B) The testing and evaluation of semen;".
By striking lines 15 through 18 of page 24 and inserting in lieu thereof the following: "(3) The provisions of paragraphs (1) and (2) of this subsection shall not apply to any licensed veterinarian engaged in a specialty practice if he or she is certified for such specialty practice by a college approved for such purpose by the American Veterinary Medical Association or its successor organization; provided, however, that no such licensed veterinarian shall engage in such specialty practice at a veterinary facility when the number of registered veterinary technicians employed at such veterinary facility exceeds the number of licensed veterinarians regularly engaged in a specialty practice of veterinary medicine at such veterinary facility by a ratio of more than 5:1.".

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On the adoption of the amendment, the yeas were 36, nays 0, and the Unterman, et al. amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 44, 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
Bowen Y Brown
Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins
Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp E Henson Y Hill E Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R
Lamutt Y Lee E 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 Tate Y Thomas,D Y Thomas,N E Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 0.

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

Senator Crotts of the 17th introduced Mr. Coy Short, recipient of an award from Secretary of Defense Rumsfield for his dedication and years of service in support of the Georgia Army National Guard. Mr. Short addressed the Senate briefly.

Senator Price of the 56th moved that the Senate adjourn pursuant to SR 242, until 10:00 a.m., April 7, 2003; the motion prevailed, and at 2:51 p.m., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Monday, April 7, 2003
Thirty-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 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 94.

By Representatives Oliver of the 56th, Post 2 and Thompson of the 69th, Post 1:

A BILL to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act," so as to prohibit the sale or lease of a motor vehicle conditioned upon financing approval except under certain conditions; to define the term "spot delivery"; to provide for a criminal penalty; and for other purposes.

HB 95.

By Representatives Sims of the 130th, McBee of the 74th, Porter of the 119th and Ehrhart of the 28th:

A BILL to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, so as to provide a cause of action against certain persons in favor of certain colleges and universities and student athletes for violations of college athletic recruitment rules and regulations; to provide for damages, costs, attorney's fees, and injunctive relief; to provide for certain required disclosures for all student-athletes in high schools in this state; and for other purposes.

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HB 144. HB 164. HB 196. HB 255. HB 503.

By Representatives Marin of the 66th, Floyd of the 69th, Post 2, Thompson of the 69th, Post 1, Coan of the 67th, Post 1, Casas of the 68th and others:
A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for use of inmate labor to remove certain graffiti from private property as a form of compensation to innocent victims of criminal trespass or criminal damage to property in the second degree; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change certain provisions relating to use of inmates for private gain; and for other purposes.
By Representative Campbell of the 39th:
A BILL to amend Code Section 15-2-9 of the Official Code of Georgia Annotated, relating to answers to questions certified by federal appellate courts to the Georgia Supreme Court, so as to provide that the Supreme Court of this state may answer any question of law certified to it from any federal appellate or district court; to provide for related matters; to provide that the effectiveness of this Act shall be conditioned upon the approval by the voters of a certain constitutional amendment; and for other purposes.
By Representatives Hill of the 81st, Barnes of the 84th, Post 2, Fludd of the 48th, Post 4, Lucas of the 105th, Forster of the 3rd, Post 1 and others:
A BILL to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine and providing for penalties, so as to reduce the quantity of marijuana needed for a trafficking prosecution; and for other purposes.
By Representatives Hill of the 81st, Marin of the 66th, Floyd of the 69th, Post 2, Casas of the 68th, Sinkfield of the 50th and others:
A BILL to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees and construction of other fee provisions, so as to provide that interpreters are provided to petitioners in temporary protective order hearings; and for other purposes.
By Representatives Keen of the 146th, Buck of the 112th, Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Day of the 126th and others:
A BILL 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 provide for an exemption from

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HB 509. HB 521. HB 537. HB 556.

a toll for access to a causeway on to a barrier island for certain motor vehicle owners who are residents of the county in which the causeway is located; and for other purposes.
By Representatives Jones of the 38th, Burkhalter of the 36th, Coleman of the 65th and Reece of the 21st:
A BILL to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to change certain provisions relating to adoption of comprehensive ordinances related to land-disturbing activities and delegation of responsibility to planning and zoning commissions; and for other purposes.
By Representatives Porter of the 119th, Wilkinson of the 41st, McBee of the 74th, Parrish of the 102nd, Childers of the 13th, Post 1 and others:
A BILL to amend Article 1 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to definitions related to postsecondary education, so as to require postsecondary educational institutions to provide information about meningococcal meningitis to enrolled students; to require documentation that a student has received and reviewed information about meningococcal meningitis and has chosen not to be vaccinated; and for other purposes.
By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Code Section 33-1-18 of the Official Code of Georgia Annotated, relating to housing tax credits with respect to certain qualified projects, so as to change certain provisions regarding credit amounts; and for other purposes.
By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for additional administrative powers, duties, and authorities of the state revenue commissioner; to provide for dissemination of certain information regarding tax executions; to provide for additional fees with respect to collection of tax liabilities; and for other purposes.

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HB 579. HB 595. HB 626. HB 680. HB 779.

By Representative McCall of the 78th:
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 provide for programs for measuring certain farm uses of water; and for other purposes.
By Representatives Teper of the 42nd, Post 1, Watson of the 60th, Post 2, Henson of the 55th, Greene-Johnson of the 60th, Post 3 and Stephenson of the 60th, Post 1:
A BILL to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide a short title; to provide a statement of constitutional authority and intent; to define certain terms; to create in each county a public safety and judicial facilities authority; and for other purposes.
By Representatives Childers of the 13th, Post 1, Smith of the 13th, Post 2, Reece of the 11th, Birdsong of the 104th and Royal of the 140th:
A BILL to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles so as to provide for an exemption from such taxation with respect to certain motor vehicles owned or leased by veterans organizations; and for other purposes.
By Representatives Epps of the 90th, Graves of the 106th, Floyd of the 132nd, Greene of the 134th, Crawford of the 91st and others:
A BILL to amend Article 4A of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to cashing checks, drafts, or money orders for consideration, so as to change the exemption requirement for licensure for certain businesses that are engaged in check cashing; and for other purposes.
By Representative Greene of the 134th:
A BILL to provide that future elections for the office of probate judge of Miller County shall be nonpartisan elections; and for other purposes.

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HB 781. HB 787. HB 789. HB 790. HB 795.
HB 796. HB 800.

By Representative Greene of the 134th:
A BILL to provide that future elections for the office of probate judge of Clay County shall be nonpartisan elections; and for other purposes.
By Representative Royal of the 140th:
A BILL to amend an Act providing a new charter for the City of Pelham, so as to change the municipal election dates and terms of municipal officers and members of the board of education; and for other purposes.
By Representative Greene of the 134th:
A BILL to provide that future elections for the office of probate judge of Quitman County shall be nonpartisan elections; and for other purposes.
By Representative Greene of the 134th:
A BILL to provide that future elections for the office of probate judge of Randolph County shall be nonpartisan elections; and for other purposes.
By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to amend an Act known as the "Ellijay-Gilmer County Water and Sewerage Authority Act," so as to change the number of members of the authority; to provide for the appointment and terms of office of the members; and for other purposes.
By Representatives Douglas of the 73rd, Stokes of the 72nd and Bunn of the 63rd:
A BILL to amend an Act relating to the Board of Education of Newton County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.
By Representative Parham of the 94th:
A BILL to amend an Act providing a new charter for the City of Milledgeville, so as to change provisions relating to the form of government of the City of Milledgeville; to revise, restate, and modernize certain provisions of said Act; and for other purposes.

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HB 802. By Representatives Purcell of the 122nd and Stephens of the 123rd:

A BILL to provide that future elections for the office of probate judge of Effingham County shall be nonpartisan elections; and for other purposes.

HB 803. By Representative Houston of the 139th:

A BILL to amend an Act to establish a new charter for the City of Nashville, so as to provide for the selection of a mayor pro tem; to provide for a city manager; to provide for selection, appointment, and removal of such city manager; to provide for duties and responsibilities of such city manager; and for other purposes.

HB 804.

By Representatives Williams of the 128th, Mosley of the 129th, Post 1, DeLoach of the 127th, Smith of the 129th, Post 2 and Barnard of the 121st, Post 1:

A BILL to provide for the imposition of court information technology fees in Liberty County for each civil case filed and each fine imposed; to specify the uses to which said information technology fees may be put; and for other purposes.

HB 805.

By Representatives Williams of the 128th, Keen of the 146th and DeLoach of the 127th:

A BILL to provide that future elections for the office of probate judge of McIntosh County shall be nonpartisan elections; and for other purposes.

HB 825. By Representative Sims of the 130th:

A BILL to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson (now the board of commissioners of Atkinson County), so as to change the description of the commissioner districts; and for other purposes.

HB 826. By Representative Sims of the 130th:

A BILL to amend an Act to reconstitute the board of education of Atkinson County, so as to change the description of the education districts; and for other purposes.

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

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HR 68.

By Representative Campbell of the 39th:

A RESOLUTION proposing an amendment to the Constitution so as to provide that the Supreme Court shall have jurisdiction over questions of law from any state appellate or federal district or appellate court; and for other purposes.

HR 257. By Representative James of the 114th:

A RESOLUTION designating a portion of SR 247 as the Robert Ray Parkway; and for other purposes.

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

SB 363. By Senators Bulloch of the 11th and Golden of the 8th:

A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Thomas County; to provide for terms of office; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

SB 364. By Senators Bulloch of the 11th and Bowen of the 13th:

A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Colquitt County; to provide for terms of office; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

SB 365. By Senators Clay of the 37th, Mullis of the 53rd, Seabaugh of the 28th, Bulloch of the 11th and Meyer von Bremen of the 12th:

A BILL to be entitled an Act to amend Article 2 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to contracting and bidding requirements of local governments, so as to provide for notice in a legal organ or on the Internet; to provide for certain information in a request for proposals; to provide for notice of a pre-bid conference or pre-qualification; to provide for the public announcement of bids; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations (General) Committee.

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SB 366. By Senator Shafer of the 48th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Sugar Hill, Georgia, approved April 17, 1975 (Ga. L. 1975, p. 3232), as amended, so as to provide a new charter for the City of Sugar Hill; to provide for incorporation, boundaries, and powers of the city, both specific and general; to provide for construction of powers, exercise of powers, and ordinances of the city; to provide for the governing authority of such city, the terms of office, qualification for office, the creation of vacancies, and the filling of vacancies in office; to provide for definitions and constructions and penalties; to provide for severability; to provide an effective date; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 367. By Senator Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Code Section 31-2-7 of the Official Code of Georgia Annotated, relating to standards for sewage management systems, so as to repeal the definition of "prior approved system"; to authorize the Department of Human Resources to adopt state-wide regulations for on-site sewage management systems; to authorize the department to require prior examination and approval of such systems before use in Georgia; to provide for a reduction in trench length under certain circumstances; to provide for the revocation of such reduction under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 368. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Grady County; to provide for terms of office; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 369. By Senator Hooks of the 14th:
A BILL to be entitled an Act to create a board of elections and registration for Macon County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members;

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to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal of this Act under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SR 323. By Senator Fort of the 39th:
A RESOLUTION creating the Senate Sandy Springs Study Commission; and for other purposes.
Referred to the Rules Committee.
SR 325. By Senators Henson of the 41st and Tate of the 38th:
A RESOLUTION creating the Senate Study Committee on the Funding of Science, Arts, and Cultural Services; and for other purposes.
Referred to the Rules Committee.
The following House legislation was read the first time and referred to committee:
HB 94. By Representatives Oliver of the 56th, Post 2 and Thompson of the 69th, Post 1:
A BILL to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act," so as to prohibit the sale or lease of a motor vehicle conditioned upon financing approval except under certain conditions; to define the term "spot delivery"; to provide for a criminal penalty; and for other purposes.
Referred to the Judiciary Committee.
HB 95. By Representatives Sims of the 130th, McBee of the 74th, Porter of the 119th and Ehrhart of the 28th:
A BILL to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, so as to provide a cause of action against certain persons in favor of certain colleges

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and universities and student athletes for violations of college athletic recruitment rules and regulations; to provide for damages, costs, attorney's fees, and injunctive relief; to provide for certain required disclosures for all student-athletes in high schools in this state; and for other purposes.
Referred to the Higher Education Committee.
HB 144. By Representatives Marin of the 66th, Floyd of the 69th, Post 2, Thompson of the 69th, Post 1, Coan of the 67th, Post 1, Casas of the 68th and others:
A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for use of inmate labor to remove certain graffiti from private property as a form of compensation to innocent victims of criminal trespass or criminal damage to property in the second degree; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change certain provisions relating to use of inmates for private gain; and for other purposes.
Referred to the State Institutions and Property Committee.
HB 164. By Representative Campbell of the 39th:
A BILL to amend Code Section 15-2-9 of the Official Code of Georgia Annotated, relating to answers to questions certified by federal appellate courts to the Georgia Supreme Court, so as to provide that the Supreme Court of this state may answer any question of law certified to it from any federal appellate or district court; to provide for related matters; to provide that the effectiveness of this Act shall be conditioned upon the approval by the voters of a certain constitutional amendment; and for other purposes.
Referred to the Judiciary Committee.
HB 196. By Representatives Hill of the 81st, Barnes of the 84th, Post 2, Fludd of the 48th, Post 4, Lucas of the 105th, Forster of the 3rd, Post 1 and others:
A BILL to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine and providing for penalties, so as to reduce the quantity of marijuana needed for a trafficking prosecution; and for other purposes.
Referred to the Judiciary Committee.

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HB 255. By Representatives Hill of the 81st, Marin of the 66th, Floyd of the 69th, Post 2, Casas of the 68th, Sinkfield of the 50th and others:
A BILL to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees and construction of other fee provisions, so as to provide that interpreters are provided to petitioners in temporary protective order hearings; and for other purposes.
Referred to the Judiciary Committee.

HB 503. By Representatives Keen of the 146th, Buck of the 112th, Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Day of the 126th and others:
A BILL 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 provide for an exemption from a toll for access to a causeway on to a barrier island for certain motor vehicle owners who are residents of the county in which the causeway is located; and for other purposes.
Referred to the Transportation Committee.

HB 509. By Representatives Jones of the 38th, Burkhalter of the 36th, Coleman of the 65th and Reece of the 21st:
A BILL to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to change certain provisions relating to adoption of comprehensive ordinances related to land-disturbing activities and delegation of responsibility to planning and zoning commissions; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

HB 521. By Representatives Porter of the 119th, Wilkinson of the 41st, McBee of the 74th, Parrish of the 102nd, Childers of the 13th, Post 1 and others:
A BILL to amend Article 1 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to definitions related to postsecondary education, so as to require postsecondary educational institutions to provide information about meningococcal meningitis to enrolled students; to require documentation

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that a student has received and reviewed information about meningococcal meningitis and has chosen not to be vaccinated; and for other purposes.
Referred to the Health and Human Services Committee.

HB 537. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Code Section 33-1-18 of the Official Code of Georgia Annotated, relating to housing tax credits with respect to certain qualified projects, so as to change certain provisions regarding credit amounts; and for other purposes.
Referred to the Finance Committee.

HB 556. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for additional administrative powers, duties, and authorities of the state revenue commissioner; to provide for dissemination of certain information regarding tax executions; to provide for additional fees with respect to collection of tax liabilities; and for other purposes.
Referred to the Finance Committee.

HB 579. By Representative McCall of the 78th:
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 provide for programs for measuring certain farm uses of water; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

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HB 595. By Representatives Teper of the 42nd, Post 1, Watson of the 60th, Post 2, Henson of the 55th, Greene-Johnson of the 60th, Post 3 and Stephenson of the 60th, Post 1:
A BILL to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide a short title; to provide a statement of constitutional authority and intent; to define certain terms; to create in each county a public safety and judicial facilities authority; and for other purposes.
Referred to the Finance Committee.

HB 626. By Representatives Childers of the 13th, Post 1, Smith of the 13th, Post 2, Reece of the 11th, Birdsong of the 104th and Royal of the 140th:
A BILL to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles so as to provide for an exemption from such taxation with respect to certain motor vehicles owned or leased by veterans organizations; and for other purposes.
Referred to the Finance Committee.

HB 680. By Representatives Epps of the 90th, Graves of the 106th, Floyd of the 132nd, Greene of the 134th, Crawford of the 91st and others:
A BILL to amend Article 4A of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to cashing checks, drafts, or money orders for consideration, so as to change the exemption requirement for licensure for certain businesses that are engaged in check cashing; and for other purposes.
Referred to the Banking and Financial Institutions Committee.

HB 779. By Representative Greene of the 134th:
A BILL to provide that future elections for the office of probate judge of Miller County shall be nonpartisan elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

MONDAY, APRIL 7, 2003

1519

HB 781. By Representative Greene of the 134th:
A BILL to provide that future elections for the office of probate judge of Clay County shall be nonpartisan elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 787. By Representative Royal of the 140th:
A BILL to amend an Act providing a new charter for the City of Pelham, so as to change the municipal election dates and terms of municipal officers and members of the board of education; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 789. By Representative Greene of the 134th:
A BILL to provide that future elections for the office of probate judge of Quitman County shall be nonpartisan elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 790. By Representative Greene of the 134th:
A BILL to provide that future elections for the office of probate judge of Randolph County shall be nonpartisan elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 795. By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to amend an Act known as the "Ellijay-Gilmer County Water and Sewerage Authority Act," so as to change the number of members of the authority; to provide for the appointment and terms of office of the members; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

1520

JOURNAL OF THE SENATE

HB 796. By Representatives Douglas of the 73rd, Stokes of the 72nd and Bunn of the 63rd:
A BILL to amend an Act relating to the Board of Education of Newton County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 800. By Representative Parham of the 94th:
A BILL to amend an Act providing a new charter for the City of Milledgeville, so as to change provisions relating to the form of government of the City of Milledgeville; to revise, restate, and modernize certain provisions of said Act; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 802. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to provide that future elections for the office of probate judge of Effingham County shall be nonpartisan elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 803. By Representative Houston of the 139th:
A BILL to amend an Act to establish a new charter for the City of Nashville, so as to provide for the selection of a mayor pro tem; to provide for a city manager; to provide for selection, appointment, and removal of such city manager; to provide for duties and responsibilities of such city manager; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

MONDAY, APRIL 7, 2003

1521

HB 804. By Representatives Williams of the 128th, Mosley of the 129th, Post 1, DeLoach of the 127th, Smith of the 129th, Post 2 and Barnard of the 121st, Post 1:
A BILL to provide for the imposition of court information technology fees in Liberty County for each civil case filed and each fine imposed; to specify the uses to which said information technology fees may be put; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 805. By Representatives Williams of the 128th, Keen of the 146th and DeLoach of the 127th:
A BILL to provide that future elections for the office of probate judge of McIntosh County shall be nonpartisan elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 825. By Representative Sims of the 130th:
A BILL to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson (now the board of commissioners of Atkinson 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 826. By Representative Sims of the 130th:
A BILL to amend an Act to reconstitute the board of education of Atkinson County, so as to change the description of the education districts; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HR 68. By Representative Campbell of the 39th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the Supreme Court shall have jurisdiction over questions of law from any state appellate or federal district or appellate court; and for other purposes.
Referred to the Judiciary Committee.

1522

JOURNAL OF THE SENATE

HR 257. By Representative James of the 114th:

A RESOLUTION designating a portion of SR 247 as the Robert Ray Parkway; and for other purposes.

Referred to the Transportation Committee.

The following committee reports were read by the Secretary:

Mr. President:

The Higher 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:

HB 551 Do Pass as amended

Respectfully submitted, Senator Hamrick of the 30th 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:

HR 545 Do Pass

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

The following legislation was read the second time:

HB 90 HB 285 HB 303 HB 455 SB 136 SB 137 SB 175 SB 181 SB 236 SB 237

SB 244 SB 259 SB 262 SB 264 SB 265 SB 266 SB 277 SB 279 SB 280 SB 281

SB 282 SB 283 SB 291 SB 292 SB 293 SB 301 SB 310 SB 312 SB 313

SB 317 SB 324 SB 328 SB 329 SB 330 SB 333 SB 336 SB 338 SB 342

SB 344 SB 345 SB 346 SB 347 SB 348 SB 349 SB 357 SR 1 SR 22

SR 225 SR 226 SR 265 SR 266 SR 273 SR 277 SR 303 SR 308 SR 311

MONDAY, APRIL 7, 2003

1523

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 Price of the 56th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

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 Starr of the 44th asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused.

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

Adelman Balfour Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Crotts Dean Fort Gillis Hall Harbison

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

Collins Johnson (Excused) Seay (Excused)

Golden (Excused) Kemp, R. (Excused) Thompson

The members pledged allegiance to the flag.

Senator Tanksley of the 32nd introduced the chaplain of the day, Reverend Scott Sherman of Atlanta, Georgia, who offered scripture reading and prayer.

Senator Gillis of the 20th introduced the doctor of the day, Dr. James Tison.

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JOURNAL OF THE SENATE

Senator Tanksley of the 32nd introduced the Whitefield Academy boys basketball team, 2003 Class A State Champions and Coach Tyrone Johnson, commended by SR 270, adopted previously. Coach Johnson addressed the Senate briefly.
The following resolutions were read and adopted:
SR 324. By Senators Shafer of the 48th, Thomas of the 54th, Thomas of the 10th, Unterman of the 45th and Price of the 56th:
A RESOLUTION commending the American Red Cross; and for other purposes.
SR 326. By Senator Stephens of the 51st:
A RESOLUTION commending Charles Alfred "Chuck" Baker; and for other purposes.
SR 327. By Senators Hamrick of the 30th, Tolleson of the 18th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Renee Davis as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 328. By Senators Hamrick of the 30th, Tolleson of the 18th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Faith L. Stephen as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 329. By Senators Hamrick of the 30th, Tolleson of the 18th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Carlos Welch as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.

MONDAY, APRIL 7, 2003

1525

SR 330. By Senators Hamrick of the 30th, Zamarripa of the 36th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Anthony Michael Petro as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 331. By Senators Hamrick of the 30th, Zamarripa of the 36th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending V. Blair Dowling as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 332. By Senators Hamrick of the 30th, Zamarripa of the 36th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Dionne Olivia Turner as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 333. By Senators Hamrick of the 30th, Hooks of the 14th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Kristie L. Smith as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 334. By Senators Hamrick of the 30th, Hill of the 4th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Justin L. Rountree as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 335. By Senators Hamrick of the 30th, Thomas of the 10th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Sara Drum as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.

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JOURNAL OF THE SENATE

SR 336. By Senators Hamrick of the 30th, Cheeks of the 23rd, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Ragan T. Fountain as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 337. By Senators Hamrick of the 30th, Smith of the 52nd, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Julianna S. Hunt as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 338. By Senators Hamrick of the 30th, Jackson of the 50th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Andrew John Lucas as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 339. By Senators Hamrick of the 30th, Meyer von Bremen of the 12th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Amy M. Robinson as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 340. By Senators Hamrick of the 30th, Meyer von Bremen of the 12th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Victoria Eiland as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 341. By Senators Hamrick of the 30th, Mullis of the 53rd, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Robert J. Wright as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.

MONDAY, APRIL 7, 2003

1527

SR 342. By Senators Hamrick of the 30th, Lamutt of the 21st, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Laura Carter Overstreet as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 343. By Senators Hamrick of the 30th, Brown of the 26th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Debra T. Dent as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 344. By Senators Hamrick of the 30th, Hall of the 22nd, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Chadwick McKinley Hales as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 345. By Senators Hamrick of the 30th, Golden of the 8th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Christia T. Williams as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 346. By Senators Hamrick of the 30th, Kemp of the 46th and Harp of the 16th:
A RESOLUTION commending Josh Woodruff as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 347. By Senators Hamrick of the 30th, Blitch of the 7th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Gina Elise Middleton as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.

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JOURNAL OF THE SENATE

SR 348. By Senators Hamrick of the 30th, Kemp of the 3rd, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Lisa M. Hunt as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 349. By Senators Hamrick of the 30th, Starr of the 44th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Raechel Nebergall as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 350. By Senators Hamrick of the 30th, Bulloch of the 11th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Donald Rex Ryals as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 351. By Senators Hamrick of the 30th, Thomas of the 2nd, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Jarrett E. Walsh as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 352. By Senators Hamrick of the 30th and Thomas of the 2nd:
A RESOLUTION commending Joseph Todd, Jr., as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 353. By Senators Hamrick of the 30th, Bowen of the 13th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Jeanine Dorminey as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.

MONDAY, APRIL 7, 2003

1529

SR 354. By Senators Hamrick of the 30th, Williams of the 19th and Harp of the 16th:
A RESOLUTION commending Laura L. Chaney as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 355. By Senators Hamrick of the 30th, Collins of the 6th and Harp of the 16th:
A RESOLUTION commending Chastity F. Lowery as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 356. By Senators Hamrick of the 30th, Jackson of the 50th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Whitney Laine Jackson as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 357. By Senators Hamrick of the 30th, Smith of the 25th, Harp of the 16th and Kemp of the 46th:
A RESOLUTION commending Laura Elizabeth Lyles as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 358. By Senators Hamrick of the 30th and Harp of the 16th:
A RESOLUTION commending Brian P. Bockelman as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 359. By Senator Kemp of the 3rd:
A RESOLUTION commending Mary F. and Harold E. Jennings; and for other purposes.

SR 360. By Senators Mullis of the 53rd and Hooks of the 14th:
A RESOLUTION proclaiming April 7, 2003, as "Sportsmen's Day at the Capitol"; and for other purposes.

1530
HR 545 SB 239 SB 257 SB 8 SB 157 SB 77 SB 272 SB 89 SB 203 SB 93 SB 123 SB 150 SB 151

JOURNAL OF THE SENATE
SENATE RULES CALENDAR MONDAY, APRIL 7, 2003
THIRTY-SECOND LEGISLATIVE DAY
Carter, President Jimmy; Nobel Laureate; address joint session (RULES-1st) Coleman-118th)
Senatorial districts; apportionment and qualifications; change composition (R&R-17th) ENGROSSED IN SENATE
State Road and Tollway Authority; public-private initiative proposals (Substitute)(TRANS-19th)
Budget Act; continuation budget report; apply zero-base budgeting (APPROP-48th)
Payday Lending; deferred presentment or advance cash services; regulate unlawful transactions (Substitute)(B&FI-23rd)
Prostitution, Pimping or Pandering; keeping a place for; penalties (S JUDY-39th)
Telemarketing; solicitation to cellular telephone subscribers; no call list (Amendment)(RI&Util-28th)
Drivers' licenses; issuance; indication of U.S. citizenship; expiration date (Substitute)(PS&HS-53rd)
Charter Schools Act; virtual charter schools; provide construction (ED-56th)
Eastern Cherokee Indian Tribe; revise address (RULES-50th)
Family violence and stalking protective order registry; duty of sheriffs (Substitute)(S JUDY-43rd)
Hotels, Motels; excessive room rates during special sporting events (ED&T-20th)
Peeping Toms; spying upon or invading the privacy of another (S JUDY-22nd)

SB 165 SB 179 SB 187 SB 200 SB 201 SB 215 SB 223 SB 229 SB 243 SB 273
SR 53 SB 198 SB 261 SB 294

MONDAY, APRIL 7, 2003

1531

Unemployment Compensation Fund; administrative assessment; allocation of funds (I&L-21st)
Patient Safe Prescription Drug Act; regulate electronically transmitted data; patient's choice of retail pharmacy (Amendment)(H&HS-54th)
Terrorism Prevention; rename Organized Crime Prevention Council; powers and duties (Substitute)(PS&HS-30th)
Children in protective services; conviction data relevant to adult contacts (C&Y-6th)
Child abuse records; DHR sharing information to Office of School Readiness (Substitute)(C&Y-6th)
Peace Officers; training expenses; reimbursement by hiring agency (PS&HS-16th)
Teachers or other professional employees; contracts; complete terms and conditions (ED-29th)
Driver Licenses; court conviction reports; transmittal fees (PS&HS-29th)
Ga. Emergency Operations Plan; unified incident command system; training emergency response personnel (Substitute)(PS&HS-52nd)
Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities (Amendment)(ED&T-27th)
Music Industry Committee; interim study committee; citizens' advisory council; create (ED&T-31st)
Criminal Records; nation-wide background checks; child care and elder care providers including volunteers with youth sports (C&Y-6th)
Zoning procedures; land adjacent military base, installation, or airport (Substitute)(V&MA-16th)
Public school systems; purchasing contracts and bid price regulations; electronic means (Amendment)(ED-28th)

1532

JOURNAL OF THE SENATE

SB 193

Teachers; contracts; procedures for terminating or suspending; hearing panel (ED-27th)

SB 159

State employee's retirement options; early retirement incentives (RET-36th)

SR 107

Joint Study Committee on State Retirement Plan Options; create (Amendment)(RET-36th)

SB 211

Business corporations; mergers or share exchange; notice and contents; shareholders' rights (S JUDY-42nd)

Respectfully submitted,

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

Senator Mullis of the 53rd asked unanimous consent that Senator Hamrick of the 30th be excused. The consent was granted, and Senator Hamrick was excused.

The following communication was received by the Secretary:

The State Senate

Atlanta, Georgia 30334

________________________________________________________________________

MEMORANDUM

________________________________________________________________________

TO:

Mr. Frank Eldridge

Secretary of Senate

FROM: Senator Horacena Tate

SUBJECT: Absence of Senator Valencia Seay

DATE: April 7, 2003 ________________________________________________________________________

Senator Valencia Seay, of the 34th District, has been hospitalized at Southern Regional Medical Center, Riverdale, GA for a series of tests. Senator Seay is in good spirits and expected to be released once all tests are complete. She can receive phone calls by dialing 770-909-2463 and is in room 463.

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

MONDAY, APRIL 7, 2003

1533

HR 545. By Representatives Coleman of the 118th, Skipper of the 116th, Day of the 126th, Smyre of the 111th, Buck of the 112th and others:

A RESOLUTION inviting former President and Nobel Laureate Jimmy Carter to address a joint session of the House of Representatives and the Senate; and for other purposes.

Senate Sponsor: Senator Johnson of the 1st.

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

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

E 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 adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The President appointed as a Committee of Escort on the part of the Senate the following Senators: Johnson of the 1st, Harp of the 16th, Meyer von Bremen of the 12th, Hooks of the 14th, Harbison of the 15th, Tate of the 38th and Price of the 56th.

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JOURNAL OF THE SENATE

Senator Henson of the 41st introduced Congresswoman Denise Majette of the 4th Congressional District. Congresswoman Majette addressed the Senate briefly.

Senator Hudgens of the 47th introduced the family of John Hunt, commended by SR 306, adopted previously. Dallas Hunt addressed the Senate briefly.
The Calendar was resumed.

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 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.

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 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 E Golden Y Hall E Hamrick

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

E 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 49, nays 0.

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

MONDAY, APRIL 7, 2003

1535

SB 257. By Senators Williams of the 19th, Levetan of the 40th, Kemp of the 46th, Tanksley of the 32nd, Adelman of the 42nd and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the general powers of the State Road and Tollway Authority, so as to permit the acceptance of unsolicited proposals from private entities; to authorize the authority to accept and evaluate unsolicited proposals for public-private initiatives; to authorize contracts for public-private initiatives; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Transportation Committee offered the following substitute to SB 257:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the general powers of the State Road and Tollway Authority, so as to permit the acceptance of unsolicited proposals from private entities; to authorize the authority to accept and evaluate unsolicited proposals for public-private initiatives; to authorize contracts for public-private initiatives; to provide for definitions; 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 10 of Title 32 of the Official Code of Georgia Annotated, relating to the general powers of the State Road and Tollway Authority, is amended in Code Section 32-10-60, relating to definitions, by adding the following new paragraphs:
"(4.1) 'Private contribution' means resources supplied by a private entity to accomplish all or any part of the work on a transportation system project, including funds, financing, income, revenue, cost sharing, technology, staff, materials, equipment, expertise, data, or engineering, construction, or maintenance services, or other items of value." "(5.1) 'Public-private initiative' means a nontraditional arrangement between the authority and one or more private or public entities that provides for:
(A) Acceptance of a private contribution to a transportation system project or service in exchange for a public benefit concerning that project or service; (B) Sharing of resources and the means of providing transportation system projects or services; or (C) Cooperation in researching, developing, and implementing transportation system projects or services."

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JOURNAL OF THE SENATE

"(8.1) 'Transportation system' means the state transportation infrastructure and related systems, including highways, roadways and associated rights of way, bridges, parkand-ride lots, transit systems, transportation management systems, intelligent vehicle highway systems, and other projects as defined in this chapter. (8.2) 'Unsolicited proposal' means a written proposal for a public-private initiative that is submitted by a private entity for the purpose of entering into an agreement with the authority concerning a transportation system project but that is not in response to a formal solicitation or request issued by the authority."

SECTION 2. Said chapter is further amended by adding new Code sections to read as follows:
"32-10-67.1. (a) The authority may receive, consider, evaluate, and accept an unsolicited proposal for a public-private initiative only if the proposal complies with all of the requirements of this Code section. (b) The authority may consider an unsolicited proposal only if the proposal:
(1) Is unique and innovative in comparison with and is not substantially similar to other transportation system projects already in the programming stage within the authority or the Department of Transportation or, if it is similar to a project in the programming stage, that such project has not been fully funded by the authority, the Department of Transportation, or any other entity as of the date the proposal is submitted. Unique or innovative features which may be considered by the authority in evaluating such a proposal may include but not be limited to unique or innovative financing, construction, design, or other components as compared with other projects or as otherwise defined by authority rules or regulations; (2) Is independently originated and developed by the proposer; and (3) Includes sufficient detail and information for the authority to evaluate the proposal in an objective and timely manner and to determine if the proposal benefits the public. (c) Paragraph (1) of subsection (b) of this Code section shall not be deemed to prohibit the authority from encouraging the submission of unsolicited proposals that are welldeveloped and consistent with the authoritys general policy priorities by providing written or oral information to any person regarding the policy priorities or the requirements and procedures for submitting an unsolicited proposal. (d) If the unsolicited proposal does not comply with the requirements of subsection (b) of this Code section, the authority shall return the proposal without further action. In taking such action, the authority shall not disclose either the originality of the research or any proprietary information associated with the proposal to any other person or entity. If the unsolicited proposal complies with all the requirements of subsection (b) of this Code section, the authority may further evaluate the proposal pursuant to this Code section.

MONDAY, APRIL 7, 2003

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(e) Within 30 days of receipt of an unsolicited proposal that meets the requirements of subsection (b) of this Code section, the authority shall provide public notice of the proposed project. This notice shall:
(1) Be published in a newspaper of general circulation which is a legal organ and upon such electronic website providing for general public access as the authority may develop for such purpose or in the same manner as publications providing notice as described in Code Section 32-2-69, or both; (2) Be provided to any person or entity that expresses in writing to the authority an interest in the subject matter of the proposal; (3) Outline the general nature and scope of the unsolicited proposal, including the location of the transportation system project and the work to be performed on the project; and (4) Specify the address to which any comparable proposal must be submitted. (f) Any comparable proposal for consideration by the authority must be received by the authority no later than 30 days after the first publication of a notice in the manner prescribed by paragraph (1) of subsection (e) of this Code section. No comparable proposals received after that date will be considered or evaluated by the authority. (g) Upon receipt of a proposal properly submitted in response to the notice described in subsection (e) of this Code section, the authority shall: (1) Determine, in its discretion, if any submitted proposal is comparable in nature and scope to the unsolicited proposal and whether it warrants further evaluation; (2) Evaluate any comparable proposal; and (3) Conduct good faith discussions and, if necessary, negotiation concerning each comparable proposal. (h) The authority shall base its evaluation of the unsolicited proposal or comparable proposals on the following factors: (1) Unique and innovative methods, approaches, or concepts demonstrated by the proposal; (2) Scientific, technical, or socioeconomic merits of the proposal; (3) Potential contribution of the proposal to the authoritys mission; (4) Capabilities, related experience, facilities, or techniques of the proposer as described in the proposal or unique combinations of these qualities that are integral factors for achieving the proposal objectives; (5) Qualifications, capabilities, and experience of the proposed principal investigator, team leader, or key personnel who are critical in achieving the proposal objectives; and (6) Any other factors appropriate to a particular proposal. (i) Once the authority has concluded its evaluation of the unsolicited proposal and any comparable proposals, the authority will execute a commitment agreement with the entity submitting the most desirable proposal as determined by the authoritys evaluation process. Such commitment agreement shall indicate the authoritys commitment to undertake a public-private initiative to execute the proposal if, after public comment:

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(1) The authority determines that the project is financially feasible and in the public interest; and (2) The authority and the proposer can arrive at agreeable terms and conditions, including price of the project. (j) The authority may execute a commitment agreement relating to an unsolicited proposal only if: (1) The unsolicited proposal receives a favorable evaluation; and (2) The authority makes a written determination based on facts and circumstances that the unsolicited proposal is an acceptable basis for an agreement to obtain services from the entity making the proposal. (k) Once the commitment agreement is signed by the parties, prior to final contracting for any public-private initiative from the unsolicited proposal, the authority: (1) Should provide public notice that the authority will receive public comment with respect to such proposal. The notice shall:
(A) Be published in a newspaper of general circulation and which is a legal organ, or upon such electronic website providing for general public access as the authority may develop for such specific purpose, or in the same manner as publications providing notice as described in Code Section 32-2-69, or both, allowing at least 14 days and no more than 45 days for public comment to be submitted for consideration; (B) Be provided to any person or entity that expresses in writing to the authority an interest in the subject matter of the proposal; (C) Outline the general nature and scope of the unsolicited proposal, including the location of the transportation system project and the work to be performed on the project; and (D) Specify the address to which any public comment must be submitted; and (2) In its discretion, may provide additional opportunity for public comment at a public meeting or meetings. In such event, notice of such meetings shall be provided in the same manner as described in paragraph (1) of this subsection. (l) In taking the actions required by subsections (e) and (k) of this Code section, the authority shall not disclose either the originality of the research or any proprietary information associated with the proposal. (m) The provisions of Code Section 50-18-70 to the contrary notwithstanding, no proposal shall become a 'public record' nor be subject to disclosure as such until such time as a commitment agreement has been signed and notice of solicitation of public comment has been published as required in subsection (k) of this Code section. (n) The power of eminent domain shall not be delegated to any private entity under any public-private initiative commenced or proposed pursuant to this article. (o) The authority or the authoritys designee has the authority to make the determination and take the actions required by this Code section. (p) If the authority declines to accept an unsolicited proposal but, within a period of two years following the submission of such proposal the authority contracts for a substantially similar project, the authority shall reimburse the proposer of the

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unsolicited proposal for the costs associated with the preparation and development of the proposal upon submission of such costs and a request for reimbursement to the authority.
32-10-67.2. (a) If the authority follows the evaluation criteria set forth in Code Section 32-10-67.1 and if an unsolicited proposal contains all the information required by that Code section and the proposal is accepted by the authority as demonstrated by the execution of a commitment agreement, upon completion of the public comment period, the authority shall have the authority to contract with the proposer for a public-private initiative based upon the proposal without subjecting such contract to public bid as required by Code Section 32-2-64, 32-10-68, or 50-5-72. (b) Any agreement entered into pursuant to this article may authorize funding to include tolls, fares, or other user fees and tax increments for use of the transportation facility that is the subject of the proposal. (c) The authority, in its sole discretion, may reject any unsolicited proposal at any time until a contract is signed with the entity submitting the proposal. In the event that a proposal is rejected but the authority subsequently proceeds with all or part of such proposal within a period of two years, the entity submitting the proposal shall be entitled to reimbursement of the costs of developing the proposal as indicated in subsection (p) of Code Section 32-10-67.1."
SECTION 3. Said chapter is further amended by striking Code Section 32-10-68, relating to letting of contracts by competitive bids, in its entirety and inserting in its place the following:
"32-10-68. Except as authorized by Code Sections 32-10-67.1 and 32-10-67.2, all All contracts of the authority for the construction of any project authorized by this article shall be let to the reliable bidder submitting the lowest sealed bid upon plans and specifications approved by the department. The procedures for letting such bids shall conform to those prescribed for the department in Code Sections 32-2-64 through 32-2-72."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Williams of the 19th offered the following amendment:
Amend the committee substitute to SB 257 by striking line 15 on page 1 and inserting in its place the following:

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"or engineering, construction, or maintenance services, or other items of value. To the extent that this definition may conflict with any federal law or regulation, for any project utilizing federal funds, the federal definition shall supersede this subsection."
By striking lines 15 and 16 on page 2 and inserting in their place the following: "transportation system projects already in the state transportation improvement program within the authority or the Department of Transportation or, if it is similar to a project in the state transportation improvement program,".
By striking lines 24 and 25 on page 2 and inserting in their place the following: "(3)(A) Includes such detail and information as the authority may require by rule or regulation to assist in its evaluation of the proposal and to determine if the proposal benefits the public. Such information shall include a list of any proprietary information included in the proposal which the proposer considers protected trade secrets or other information exempted from disclosure under Code Section 50-1870, et seq., and an itemized, auditable listing of the costs associated with the development of the proposal; and (B) Includes such fees as may be required by the rules and regulations of the authority for submission of such proposals."
By striking line 2 on page 4 and inserting in its place the following: "comparable proposals, the authority may execute a commitment agreement with the entity".
By striking line 36 on page 4 and inserting in its place the following: "information associated with the proposal as listed by the proposer required by paragraph (3) of subsection (b) of this Code section."
By striking line 4 on page 5 and inserting in its place the following: "been published as required in subsection (k) of this Code section. At all times thereafter, the authority shall not disclose trade secret or proprietary information, or both, specifically designated by the proposer as required by paragraph (3) of subsection (b) of this Code section which meets the definition of a trade secret under Code Section 50-18-70, et seq."
By striking line 21 of page 5 and inserting in its place the following: "32-2-64, 32-10-68, or 50-5-72. Such contracts shall be in compliance with all other applicable federal and state laws."

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On the adoption of the amendment, the yeas were 42, nays 0, and the Williams 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 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 E Golden Y Hall E Hamrick

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

E 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 48, nays 0.

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

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

I meant to vote yes for SB 257 as one of its sponsors. I was talking to Representative George Maddox and missed the vote.
/s/ Liane Levetan

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The Calendar was resumed.
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.
Senators Meyer von Bremen of the 12th and Hooks of the 14th offered the following substitute to SB 8:
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 change 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," is amended by striking Code Section 45-12-75.1, relating to the annual continuation budget report, and inserting in its place a new Code section to read as follows:
"45-12-75.1. (a) On or before October 1 of 1994 and each year thereafter, the The Governor, through the Office of Planning and Budget, shall prepare and submit to the Budgetary Responsibility Oversight Committee a continuation budget report. On or before May 1 of 1994 and every year thereafter, the Governor, through the Office of Planning and Budget, shall consult and coordinate with the chairperson of the Budgetary Responsibility Oversight Committee to develop a list of agencies and programs in agencies which will be included in the continuation budget report for the year. Each

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state department shall be included in the continuation budget report not less than once every five years. The continuation budget report shall contain a detailed analysis of the funds necessary to provide services in the current fiscal year for each state agency and program examined. Such report shall address all programs and shall include a description of the purposes and accomplishments of the programs. (b) The committee shall consider the budget report prepared pursuant to this Code section in conjunction with the audit report prepared pursuant to paragraph (4) of Code Section 50-6-24. (c) The committee shall submit to the membership of the General Assembly within one week of the convening of each regular session of the General Assembly a list of all programs included in the continuation budget report for each department examined as well as actions recommended, if any, by the committee. (d) It is the intent of this Code section to examine all state departments not less than once every five years. (e) The Governor in preparing his or her budget report under Code Section 45-12-75, and budget units in preparing their budget estimates under Code Section 45-12-78, shall make use of zero-base budgeting as provided in this Code section. The requirements of this Code section shall apply with respect to the budget report presented to the General Assembly in January of 2004 and each fourth year thereafter, it being the intent of this Code section that each Governor shall during the second year of his or her term present a budget report which incorporates zero-base budgeting. (f) In the years in which zero-base budgeting applies, each budget unit shall include in its budget estimate an analysis summarizing past and proposed spending plans by program and the means of financing the proposed plans. Information presented shall include the following:
(1) A statement of the budget units departmental and program objectives, effectiveness measures, and program size indicators; (2) At least three alternative funding levels for each program with effectiveness measures and program size indicators detailed for each alternative funding level; and (3) A priority listing encompassing all alternative funding levels for all programs. (g) In the years in which zero-base budgeting applies, the Governor shall include in the budget report relevant materials related to each budget units submission under subsection (f) of this Code section and such other relevant material as deemed appropriate by the Governor."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Meyer von Bremen of the 12th asked unanimous consent that his substitute be withdrawn. The consent was granted, and the substitute was withdrawn.
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 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 E Golden Y Hall Y Hamrick

Harbison Y Harp N Henson Y Hill N Hooks Y Hudgens Y Jackson E 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

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

On the passage of the bill, the yeas were 41, nays 10.

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

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.

The Senate Banking and Financial Institutions Committee offered the following substitute to SB 157:

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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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding a new Chapter 17 to read as follows:
"CHAPTER 17
16-17-1. Without limiting in any manner the scope of this chapter, the General Assembly declares that it is the general intent of this chapter to make unlawful in this state the practice of engaging in activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities. This chapter in no way impairs or restricts the authority granted to the commissioner of banking and finance, the Industrial Loan Commissioner, or any other regulatory authority with concurrent jurisdiction over the matters stated herein.
16-17-2. (a) It shall be unlawful in this state for any person to engage in any business which consists in whole or in part of making loans of $3,000.00 or less unless:
(1) Such person is engaging in financial transactions expressly permitted pursuant to: (A) The laws regulating financial institutions as defined under Chapter 1 of Title 7, the 'Financial Institutions Code of Georgia'; (B) The laws regulating state and federally chartered credit unions; (C) Article 13 of Chapter 1 of Title 7, the 'Georgia Residential Mortgage Act'; (D) Chapter 3 of Title 7, the 'Georgia Industrial Loan Act'; or (E) Chapter 5 of Title 7, 'The Credit Card and Credit Card Bank Act'; or
(2) Such loans are lawful under the terms of: (A) Article 1 of Chapter 1 of Title 10, 'The Retail Installment and Home Solicitation Sales Act';

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(B) Article 2 of Chapter 1 of Title 10, the 'Motor Vehicle Sales Finance Act'; or (C) Part 5 of Article 3 of Chapter 12 of Title 44, relating to pawnbrokers. (b) This Code section shall apply with respect to all transactions in which funds are advanced to be repaid at a later date, notwithstanding the fact that the transaction contains one or more other elements. Without limiting the generality of the foregoing, the advance of funds to be repaid at a later date shall be subject to this Code section, notwithstanding the fact that the transaction also involves: (1) The cashing or deferred presentment of a check or other instrument; (2) The provision of an item, service, or commodity incidental to the advance of funds; (3) Any other element introduced to disguise the true nature of the transaction as an extension of credit; or (4) Any arrangement by which a de facto lender purports to act as the agent for an exempt entity. A purported agent shall be considered a de facto lender if the entire circumstances of the transaction show that the purported agent holds, acquires, or maintains a predominant economic interest in the loan. (c) Any person who violates this Code section shall be guilty of a felony and punished by imprisonment for not less than one nor more than ten years or by a fine not to exceed $1,000.00 for each proven unlawful loan transaction which is a part of the offense or by both such imprisonment and fine.
16-7-3. Any person who violates Code Section 16-7-2 shall be liable to the borrower in each unlawful transaction for three times the amount of any interest or other charges to the borrower. A civil action under this Code section may be brought on behalf of an individual borrower or on behalf of an ascertainable class of borrowers.

16-7-4. (a) Any person who violates Code Section 16-7-2 shall be liable to the state for a civil penalty equal to three times the amount of any interest or charges to the borrowers in the unlawful transactions. (b) A civil action under this Code section may be brought by the Attorney General or any district attorney. Where a successful civil action is brought by a district attorney one-half of the damages recovered on behalf of the state shall be distributed to the counties comprising the judicial circuit of such district attorney, pro rata according to the population of the counties.
16-7-5. (a)(1) A person may bring a civil action for a violation of Code Section 16-7-2 for the person and for the State of Georgia. The action shall be brought in the name of the state. The action may be dismissed only with the approval of the court.

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(2) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Attorney General and the district attorney of the circuit in which the complaint is filed. The complaint shall be filed in camera, shall remain under seal for at least 30 days, and shall not be served on the defendant until the court so orders. Either the Attorney General or the district attorney may elect to intervene and proceed with the action within 30 days after service on them. (3) Before the expiration of the 30 day period the state shall:
(A) Proceed with the action, in which case the action shall be conducted by the state; or (B) Notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action. (4) When a person brings an action under this Code section, no person other than the state may intervene or bring a related action based on the claim underlying the pending action. (b)(1) If the state proceeds with the action, it shall have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action. Such person shall have the right to continue as a party to the action, subject to the limitations set forth in paragraph (2) of this subsection. (2)(A) The state may dismiss the action notwithstanding the objections of the person initiating the action if the person has been notified by the state of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion. (B) The state may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera. (C) Upon a showing by the state that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the states prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the persons participation. (D) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation. (3) If the state elects not to proceed with the action, the person who initiated the action shall have the right to conduct the action. If the state so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts at the states expense. When a person proceeds with the action, the court, without limiting the status and rights of the person initiating

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the action, may nevertheless permit the state to intervene at a later date upon a showing of good cause. (c)(1) If the state proceeds with an action brought by a person under this Code section, such person shall, subject to the second sentence of this paragraph, receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Any such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (2) If the state does not proceed with an action under this Code section, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty. The amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the action or settlement and shall be paid out of such proceeds. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (d) In no event may a person bring an action under subsection (b) which is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the state is already a party. (e) The state is not liable for expenses which a person incurs in bringing an action under this Code section.
16-7-6. (a) There is imposed a state tax on all loans made in violation of this chapter. Such tax shall be administered and collected in connection with the Georgia income taxation of the person making such loans and shall be in addition to any other tax liability of such person. (b) The tax imposed by this Code section shall be at the rate of 50 percent of all proceeds received by a person from loans made in violation of this Code section. (c) A person making loans in violation of this Code section shall declare and return the proceeds subject to taxation under this Code section as a part of such persons Georgia income tax return. (d) The state revenue commissioner shall retain returns under this Code section apart from all other returns and shall not disclose any part of such a return for any purpose other than the collection of tax owed or a criminal prosecution involving tax matters. In a criminal proceeding under this chapter, a persons return of proceeds under this Code section and any evidence derived as a result of such return shall not be admissible."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

MONDAY, APRIL 7, 2003
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

1549

Senator Clay of the 37th offered the following amendment:

Amend the committee substitute to SB 157 by adding: after the word "guilty of a" on line 29 of page 2 add the words "misdemeanor."

Upon the conviction of the third or subsequent offense, any person shall be guilty of a felony and punished...[completing rest of Section (c)]

On the adoption of the amendment, the yeas were 41, nays 11, and the Clay amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 46, 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
Blitch Bowen Y Brown Y Brush N Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis E Golden Y Hall Y Hamrick

Y Harbison Y Harp N Henson Y Hill Y Hooks N 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 Y Seabaugh

E Seay Y Shafer N Smith,F Y Smith,P N 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

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On the passage of the bill, the yeas were 46, nays 6. The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Cheeks of the 23rd asked unanimous consent that SB 157 be immediately transmitted to the House. The consent was granted and SB 157 was immediately transmitted.

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 191. By Representative Lord of the 103rd:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for the voluntary cancellation of the registration of certain vehicles and the restoration thereof; to provide definitions; to provide for an exception for insurers for reporting certain insurance coverage for fleet insurance policies; to change the fees for lapse and restoration fees; and for other purposes.
At 1:00 p.m., the President announced that the Senate would stand in recess until 2:00 p.m.
At 2:00 p.m., the President called the Senate to order.

Senator Dean of the 31st asked unanimous consent that Senator Bowen of the 13th be excused. The consent was granted, and Senator Bowen was excused.
Senator Meyer von Bremen of the 12th asked unanimous consent that Senators Fort of the 39th and Thompson of the 33rd be excused. The consent was granted, and Senators Fort and Thompson were excused.
The Calendar was resumed.

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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.

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

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

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

On the passage of the bill, the yeas were 41, nays 0.

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

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334
4/7/03

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Please record my vote on SB 77 as a Yes.
/s/ Williams of the 19th
The Calendar was resumed.
SB 272. By Senators Seabaugh of the 28th, Thomas of the 2nd and Shafer of the 48th:
A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to revise provisions regulating telemarketing to residential telephone subscribers to include telemarketing to cellular subscribers; to revise legislative findings, definitions, and the prohibition of telephone solicitation to certain subscribers; to revise provisions relating to a data base of subscribers who object to telephone solicitations and fees in connection therewith; to provide a penalty for unlawful compilation or dissemination of information from such data base; to revise procedures for persons making telephone solicitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Regulated Industries and Utilities Committee offered the following amendment:
Amend SB 272 by striking the word "cellular" on line 3 of page 1 and inserting in lieu thereof the phrase "mobile and wireless".
By striking the words "or cellular" on line 10 of page 2 and inserting in lieu thereof the following:
", mobile, or wireless".
By striking the word "cellular" from line 11 of page 2 and inserting in lieu thereof the words "mobile or wireless".
By striking the words "or cellular" in lines 16, 18, and 28 of page 2 and inserting in lieu thereof the following:
", mobile, or wireless".
By striking the words "and cellular" on line 32 of page 2 and inserting in lieu thereof the following:
", mobile, and wireless". By striking the words "and cellular" on line 1 of page 3 and inserting in lieu thereof the following:

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", mobile, or wireless".

By striking the words "or cellular" from lines 4, 13, and 27 of page 3 and inserting in lieu
thereof the following: ", mobile, or wireless".

By striking the words "or cellular" from lines 6 and 9 of page 4 and inserting in lieu
thereof the following: ", mobile, or wireless".

On the adoption of the amendment, the yeas were 33, 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
Blitch E 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 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

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

On the passage of the bill, the yeas were 48, nays 0.

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

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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 drivers licenses and reexamination requirements; to repeal conflicting laws; and for other purposes.
The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 89:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act, so as to provide that certain applicants for a drivers license may provide forms of identification other than the applicants social security number to the Department of Motor Vehicle Safety; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to change certain provisions relating to applications for and issuance of licenses, contents, signature requirements, and fingerprints; to change certain provisions relating to expiration and renewal of drivers licenses and reexamination requirements; to provide for the date of expiration of drivers licenses and identification cards for aliens authorized to remain in the United States for less than four years; to provide that drivers licenses and identification cards issued to aliens authorized to remain in the United States for less than six months shall expire six months after issuance; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act, is amended by striking paragraph (1) of subsection (a.1) of Code Section 19-11-9.1, relating to the duty of the obligor to furnish information about the obligor to the department, and inserting in its place the following:
"(a.1)(1) In accordance with the mandate contained in 42 U.S.C. Section 666(a)(13)(A) and notwithstanding any provision of Title 40 relating to motor vehicles as now existing or hereafter amended, the Department of Motor Vehicle Safety shall require an applicant for a drivers license, a commercial drivers license, a learners permit, or an identification card to provide to the Department of Motor Vehicle Safety the applicants social security number as part of the application.

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Applicants who are not eligible to receive a social security number may provide to the Department of Motor Vehicle Safety certification from the Social Security Administration that the applicant is not eligible for a social security number. The Department of Motor Vehicle Safety shall provide to the Department of Human Resources, in addition to other information required to be provided to the Department of Human Resources, such social security numbers or other forms of identification authorized by this paragraph of individuals who have been issued a drivers license, a commercial drivers license, a learners permit, or an identification card. The Department of Human Resources shall use the information provided by the Department of Motor Vehicle Safety pursuant to this Code section for the purpose of complying with the requirements of law concerning the enforcement of child support."
SECTION 2. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended by striking subsection (c) of Code Section 40-5-25, relating to application and fees for drivers licenses, and inserting in its place the following:
"(c) Every such application shall state the full name, date of birth, sex, and residence address of the applicant; shall briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been suspended, revoked, or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state such other information as the commissioner may require to determine the applicants identity, competence, and eligibility. The application shall include any other identification information as required by paragraph (1) of subsection (a.1) of Code Section 19-11-9.1. The department shall not issue a license until a complete examination of the applicants record has been completed. The commissioner may issue such rules and regulations as shall be necessary for the orderly processing of license applications."
SECTION 3. Said chapter is further amended by striking Code Section 40-5-28, relating to issuance of licenses, contents, signature requirements, and fingerprints, and inserting in lieu thereof the following:
"40-5-28. The department shall, upon payment of the required fee, issue to every applicant qualifying therefor a drivers license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensees full name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. In addition, any drivers license initially issued on or after October 1, 2003, shall indicate by code whether the licensee

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is a citizen of the United States. No license shall be valid until it has been so signed by the licensee. Specifically, but without limitation, the department may require applicants to submit fingerprints by means of an inkless fingerprint scanning device upon application."
SECTION 4. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 40-5-32, relating to expiration and renewal of drivers licenses and reexamination requirements, and inserting in lieu thereof the following:
"(a)(1) Every drivers license shall expire on the licensees birthday in the fourth year following the issuance of such license, provided, however, that, if the licensee is an alien with legal authorization from the United States Immigration and Naturalization Service whose legal authorization, as evidenced by written documentation from the United States Immigration and Naturalization Service, expires prior to the licensees birthday in the fourth year following issuance, the drivers license shall expire on the date on which such authorization expires. If such date is six months or less from the date of application, notwithstanding any other provision of law to the contrary, the drivers license shall expire six months from the date of issuance. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of the examination required or authorized by subsection (c) of this Code section."
SECTION 5. Said chapter is further amended by striking subsection (b) of Code Section 40-5-100, relating to issuance of identification cards by department, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The identification card shall be valid for four years and; provided, however, that, if the person is an alien with legal authorization from the United States Immigration and Naturalization Service whose legal authorization, as evidenced by written documentation from the United States Immigration and Naturalization Service, expires prior to the end of the fourth year following issuance, the identification card shall expire on the date on which such authorization expires. If such date is six months or less from the date of application, notwithstanding any other provision of law to the contrary, the identification card shall expire six months from the date of issuance. The identification card shall bear the signatures of the commissioner and the Governor and shall bear an identification card number which shall not be the same as the social security number, unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section."

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SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 40-5-172, relating to term of card issued to person with permanent disability, and inserting a new subsection (a) to read as follows:
"(a) The identification card for persons with disabilities shall be issued to a person with a permanent disability for a period of four years and shall be renewable on the applicants birthday in the fourth year following such issuance; provided, however, that, if the applicant is an alien with legal authorization from the United States Immigration and Naturalization Service whose legal authorization, as evidenced by written documentation from the United States Immigration and Naturalization Service, expires prior to the applicants birthday in the fourth year following issuance, the identification card shall expire on the date on which such authorization expires. If such date is six months or less from the date of application, notwithstanding any other provision of law to the contrary, the identification card shall expire six months from the date of issuance. Such identification cards shall be issued to persons:
(1) With obvious permanent disabilities without further verification of disability; and (2) With disabilities which are not obvious upon presentation of the current sworn affidavit of at least one medical doctor attesting to such permanent disability. A current affidavit shall be presented at each request for renewal."
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Senators Clay of the 37th and Lamutt of the 21st offered the following amendment:

Amend the Senate committee substitute to SB 89 by striking lines 5 and 6 of page 3 and
inserting in lieu thereof the following: "but without limitation, the department may require allow applicants to submit
fingerprints by means of an inkless fingerprint scanning device upon application, but shall not require the submission of fingerprints."

On the adoption of the amendment, Senator Clay of the 37th, called for the yeas and nays; the call was sustained, and the vote was as follows:

Y Adelman Y Balfour Y Blitch

N Harbison N Harp Y Henson

E Seay Y Shafer N Smith,F

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

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

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

On the adoption of the amendment, the yeas were 30, nays 22, and the Clay, Lamutt amendment to the committee substitute was adopted.

Senator Lee of the 29th moved that the Senate reconsider its action in adopting the Clay, Lamutt amendment to the committee substitute.

On the motion to reconsider, Senator Clay of the 37th, called for the yeas and nays; the call was sustained, and the vote was as follows:

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

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

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

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Y Hall N Hamrick

N Reed N Seabaugh

N Zamarripa

On the motion, the yeas were 27, nays 25 and the motion to reconsider the Clay, Lamutt amendment to the committee substitute to SB 89 prevailed.

On the adoption of the amendment, Senator Clay of the 37th, called for the yeas and nays; the call was sustained, and the vote was as follows:

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

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

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

On the adoption of the amendment, the yeas were 27, nays 24, and the Clay, Lamutt amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 31, nays 19, 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:

N Adelman Y Balfour N Blitch

N Harbison Y Harp N Henson

E Seay Y Shafer N Smith,F

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

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

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

On the passage of the bill, the yeas were 24, nays 27.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

April 7, 2003

To whom it may concern:

I, Senator Sam Zamarripa, would like to vote no on SB 89.

Thank you,

/s/ Sam Zamarripa

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:

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HB 748.

By Representatives Buck of the 112th, Smyre of the 111th, Buckner of the 109th, Royal of the 140th and Hugley of the 113th:

A BILL to amend Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to enterprise zones, so as to change certain provisions regarding definitions; to provide for additional qualifying businesses and services; and for other purposes.

Senator Thomas of the 10th asked unanimous consent that Senator Meyer von Bremen of the 12th be excused. The consent was granted, and Senator Meyer von Bremen was excused.

Senator Williams of the 19th asked unanimous consent that Senator Stephens of the 51st be excused. The consent was granted, and Senator Stephens was excused.

The Calendar was resumed.

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.

Senators Butler of the 55th, Thomas of the 10th and Tate of the 38th offered the following amendment #1:

Amend SB 203 by inserting at the end of line 2 of page 1, immediately after "schools; to"
the following: "authorize local units of administration to enter agreements for the enrollment in virtual
charter schools of certain persons in the physical custody of the Department of Juvenile
Justice or the Department of Corrections; to provide that any person in such custody is
eligible for enrollment in a virtual charter school until such person attains the age of 21 years; to".

By inserting in line 3 of page 1 immediately after "definitions;" the following:

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"to provide express authorization for the Department of Corrections and the Department of Juvenile Justice to petition for the creation of, operate, and contract with virtual charter schools for students up to 21 years of age;".
By inserting between lines 10 and 11 of page 1 the following:
"SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Code Section 20-2-133, relating to free public education, by inserting in subsection (b) a new paragraph to be designated paragraph (8) to read as follows:
'(8) Notwithstanding any other provision of this Code section or this title, local units of administration are authorized to enter charter school agreements with virtual charter schools and with the Department of Juvenile Justice or the Department of Corrections, as applicable, for the enrollment of any person in the physical custody of the Department of Juvenile Justice or the Department of Corrections, provided that such person is not older than 21 years of age.'
SECTION 2. Said chapter is further amended in Code Section 20-2-150, relating to eligibility for enrollment, by striking subsection (b) and inserting in lieu thereof the following:
'(b)(1) A child who was a legal resident of one or more other states for a period of two years immediately prior to moving to this state and who was legally enrolled in a public kindergarten or first grade, or a kindergarten or first grade accredited by a state or regional association, shall be eligible for enrollment in the appropriate general or special education programs authorized in this part if such child will attain the age of five for kindergarten or six for first grade by December 31 and is otherwise qualified. (2) A person who is in the physical custody of the Department of Juvenile Justice or the Department of Corrections is eligible for enrollment in a virtual charter school until such person attains the age of 21 years.'"
By renumbering Sections 1 through 8 as Sections 3 through 10, respectively.
By striking lines 12 and 13 of page 1 and inserting in lieu thereof the following: "Said chapter is further amended in Article 31, the 'Charter Schools Act of 1998,' by".
By striking the quotation marks at the end of line 16 of page 2 and inserting in lieu thereof the following:
"The Department of Corrections and the Department of Juvenile Justice are authorized to submit petitions for the creation of virtual charter schools subject to this article, to operate virtual charter schools, and to enter contracts with local units of administration and with virtual charter schools, provided that such virtual charter schools are

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authorized or are to be authorized to enroll any person under the age of 21 years who is in the physical custody of the Department of Corrections or the Department of Juvenile Justice.'"
On the adoption of the amendment, the yeas were 36, nays 0, and the Butler, et al. amendment #1 was adopted.
Senators Jackson of the 50th, Hooks of the 14th and Smith of the 25th offered the following amendment #2:
Amend SB 203 by inserting on line 2 of page 1 immediately after the words "so as" the following:
"to provide for an increase in state salary for certain school speech-language pathologists and audiologists who earn national certification; to provide definitions; to phase-in such salary increase according to length of employment in Georgia public schools; to provide for the amount of such increase; to provide when such increase shall become effective; to provide for related matters; to provide for an effective date contingent upon approval of funding;".
By inserting between lines 10 and 11 the following:
"SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by inserting a new Code section to be designated Code Section 20-2-212.4 to read as follows:
'20-2-212.4. (a) As used in this Code section:
(1) "National certification" means a Certificate of Clinical Competence from the American Speech-Language-Hearing Association in Speech Language Pathology or audiology. (2) "School speech-language pathologist or audiologist" means a person who holds a valid Georgia teaching certificate. (b) Any school speech-language pathologist or audiologist who: (1) Has completed 20 years of employment as a school speech-language pathologist or audiologist in Georgia public schools by the 2003-2004 school year, 15 years of employment as a school speech-language pathologist or audiologist in Georgia public schools by the 2004-2005 school year, or ten years of employment as a school speechlanguage pathologist or audiologist in Georgia public schools by the 2005-2006 school year; (2) Has not previously received state funds for participating in any certification area in the national certification program; and

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(3) Has successfully completed the requirements for and has received national certification shall receive not less than a 10 percent increase annually in state salary for each year such person holds national certification. Such increase shall be awarded at the commencement of the school year following such national certification and each such year thereafter, provided that such increase shall not be payable for any school year prior to the 2003-2004 school year. The 10 percent increase shall be computed based on the state salary for such individual for the school year when the increase is first awarded and recomputed each subsequent year based on the individuals state salary for that school year. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible. (c) A school speech-language pathologist or audiologist shall be granted two days of approved paid leave to prepare the documentation required for national certification. (d) The state shall reimburse a school speech-language pathologist or audiologist for the national certification program participation fee upon certification if the school speech-language pathologist or audiologist is eligible for a salary increase pursuant to subsection (b) of this Code section. (e) A school speech-language pathologist or audiologist for whom the State of Georgia pays the participation fee and who does not serve as a school speech-language pathologist or audiologist in a Georgia public school for at least one year after receiving national certification shall repay the participation fee to the state. Repayment is not required if the school speech-language pathologist or audiologist is unable to complete the additional year due to the death or disability of the school speech-language pathologist or audiologist. (f) The provisions of this Code section shall become effective upon the approval of funding of such increase and related expenditures by the General Assembly.'"
By renumbering Sections 1 through 8 as Sections 2 through 9, respectively.
By striking from lines 12 and 13 of page 1 the words and symbols "Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is" and inserting in lieu thereof the words "Said chapter is further".
On the adoption of the amendment, the yeas were 41, nays 0, and the Jackson, et al. amendment #2 was adopted.
Senators Price of the 56th, Reed of the 35th and Fort of the 39th offered the following amendment #3:
Amend SB 203 by striking the quotation marks at the end of line 16 of page 2 and inserting immediately after "charter." the following: "Each teacher in a virtual charter school shall hold and maintain a valid Georgia teaching certificate as defined by the Professional Standards Commission.'"

MONDAY, APRIL 7, 2003

1565

On the adoption of the amendment, the yeas were 44, nays 1, and the Price, et al. amendment #3 was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 E Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean
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 E Me V Bremen Y Moody
Mullis Y Price Y Reed Y Seabaugh

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

On the passage of the bill, the yeas were 45, nays 2.

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

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.

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

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

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.

The Senate Special Judiciary Committee offered the following substitute to SB 123:

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

MONDAY, APRIL 7, 2003

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use of standardized forms and a courts ability to modify the form; to change provisions relating to updating certain information in the registry; to specify the sheriffs duties with respect to updating and maintaining the registry; provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the family violence and stalking protective order registry, is amended by striking subsection (c) of Code Section 19-13-52, relating to the purpose of the Georgia Protective Order Registry, access to information, and linking to the National Crime Information Center Network, and inserting in lieu thereof the following:
"(c) The registry shall include a complete and systematic record and index of all valid protective orders and modifications thereof. Law enforcement officers and the courts shall have access to the registry. The Georgia Crime Information Center shall implement a daily process of purging protective orders and names of parties from the registry upon expiration or dismissal of protective orders and shall maintain purged protective orders and names in a separate archived file in the registry that shall be available only to the courts."
SECTION 2. Said article is further amended by striking Code Section 19-13-53, relating to standardized forms and the timing and transmission of information and data entry, and inserting in lieu thereof the following:
"19-13-53. (a) The courts of this state shall use a standardized form or forms for the issuance of any protective order. The form or forms shall be promulgated by the Uniform Superior Court Rules. The standardized form or forms for protective orders shall be in conformity with the provisions of this Code, shall be subject to the approval of the Georgia Crime Information Center and the Georgia Superior Court Clerks Cooperative Authority as to form and format, and shall contain, at a minimum, all information required for entry of protective orders into the registry and the National Crime Information Center Protection Order File. The Administrative Office of the Courts shall distribute the forms. A court may modify the standardized form to comply with the courts application of the law and facts to an individual case. and shall delete or otherwise make inoperative any provision in the standardized form which is not supported by the evidence in the case The form or forms shall contain at a minimum, all information that is required for entry of protective orders into the registry and the National Crime Information Center Protection Order file.

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(b) The clerk of the issuing court shall electronically transmit a copy of the protective order or modification thereof to the registry as expeditiously as possible but no later than by the end of the next business day after the order is filed with the clerk of court. In the event of electronic failure, the clerk of court shall immediately notify the Georgia Crime Information Center which shall authorize an alternative method of transmitting the protective order or modification thereof to the registry. (c) The Georgia Crime Information Center shall ensure that any protective order or modification thereof is entered in the registry within 24 hours of receipt of the protective order or modification from the clerk of court. The Georgia Crime Information Center shall ensure that protective orders that have expired or been terminated are purged from the registry within 24 hours of such expiration or termination. The inability to enter information for all data fields in the registry shall not delay the entry of available information. (d) The sheriffs department shall be responsible for the validation of all National Crime Information Center protective order entries made on its behalf by the superior court clerks office in accordance with the validation steps established by the Georgia Crime Information Center and the National Crime Information Center. All registry entries shall be validated in accordance with the file retention schedule established by the National Crime Information Center. The sheriff shall respond to and confirm 'HIT' confirmation requests based upon the records maintained in the sheriffs office. (d)(e) The entry of a protective order in the registry shall not be a prerequisite for enforcement of a valid protective order."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 40, 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 E Bowen Y Brown Y Brush

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens

E Seay Y Shafer
Smith,F Y Smith,P Y Squires Y Starr

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Y Bulloch Y Butler Y Cagle
Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis E Golden Y Hall Y Hamrick

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

E Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Tolleson
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.

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.

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 Bowen Y Brown N Brush

Y Harbison Harp
Y Henson Hill
Y Hooks Y Hudgens

E Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr

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Y Bulloch Y Butler Y Cagle N Cheeks Y Clay N Collins Y Crotts Y Dean Y Fort Y Gillis E Golden N Hall Y Hamrick

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

E Stephens Y Stokes Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Tolleson
Unterman Y Williams N Zamarripa

On the passage of the bill, the yeas were 37, nays 10.

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

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334
April 7, 2003

Please record a "yea" vote on SB 150.

/s/ Seth Harp

Senator Mullis of the 53rd asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused.

The Calendar was resumed.

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.

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

MONDAY, APRIL 7, 2003

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

Y Adelman Y Balfour Y Blitch E 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 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
Mullis Y Price Y Reed Y Seabaugh

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

On the passage of the bill, the yeas were 48, nays 0.

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

1571

The following communications were received by the Secretary:

Dear Secretary of the Senate;

The State Senate Atlanta, Georgia 30334
4/7/03

Please register me a "yes" vote for Senate Bill 151.

/s/ Jeff Mullis 53rd District

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The State Senate Atlanta, Georgia 30334
4/7/03
Please record my vote on SB 151 as a yes.
/s/ Senator Williams 19th District
The Calendar was resumed.
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 calendar.
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.
The Senate Health and Human Services Committee offered the following amendment:
Amend SB 179 (LC 30 0642) by striking line 12 of page 4 and inserting in its place the following:

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"prescribing practitioner as defined in Code Section 16-13-21. Physician assistants must comply with all".

Senator Thomas of the 54th offered the following amendment #1:
Amend SB 179 by inserting on line 3 page 5 after word transmitted the following:
26-4-80. Dispensing; electronically transmitted drug orders; refills; schedule II controlled substance prescriptions
new language: (m) No prescription drugs shall be dispensed by any person unless such person has received satisfactory evidence that the manufacturer of such prescription drugs has made adequate provision for the return of outdated drugs pursuant to policy that meets the requirements of the rules and regulations of the board of pharmacy. The board shall be authorized to promulgate rules and regulations to facilitate compliance with this Code section.
Additionally striking subsection (c) of Code Section 26-4-115, relating to wholesale drug distributors, registration, fees, reports of excessive purchases, and penalty for violations.

Senators Thomas of the 10th and Butler of the 55th offered the following amendment #2:
Amend SB 179 by inserting on line 8 of page 1 after the word and symbol "systems;" the following:
"to amend Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians assistants, so as to include advance practice registered nurses within the definition of 'physicians assistant'; to provide for prescription authority for advanced practice registered nurses;".
By striking line 15 of page 1 and inserting in its place the following: "paragraphs (14.1) through (14.5), (18.05), and (38.5) and by striking paragraph (33) and inserting in lieu thereof the following:".
By inserting between lines 14 and 15 of page 2 the following: "'(33) "Practitioner" or "practitioner of the healing arts" means a physician, dentist, podiatrist, or veterinarian, physicians assistant, or advance practice registered nurse acting pursuant to Article 4 of Chapter 34 of Title 43 and shall include any other person licensed under the laws of this state to use, mix, prepare, dispense, prescribe, and administer drugs in connection with medical treatment to the extent provided by the laws of this state.'"

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By inserting between lines 16 and 17 of page 5 the following: "Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians assistants, is amended by striking paragraph (6) of Code Section 43-34102, relating to definitions, and inserting in lieu thereof the following: '(6) "Physicians assistant" means a skilled person qualified by academic and practical training to provide patients services not necessarily within the physical presence but under the personal direction or supervision of the applying physician or a skilled person who is an advance practice registered nurse as defined in paragraph (1) of Code Section 43-26-3.'
SECTION 8. Said article is further amended by striking paragraph (3) of subsection (e.1) of Code Section 43-34-103, relating to application for assistant, number of assistants, new job descriptions, scope of duties, employment by nonpracticing physicians, and delegated authority, and inserting in lieu thereof the following:
'(3) The physicians assistant shall only be authorized to exercise the rights granted under this subsection using a prescription drug or device order form which includes the name, address, and telephone number of the prescribing supervising physician, the patients name and address, the drug or device prescribed, 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 physicians assistant using the following language: 'This prescription authorized through: (the prescribing supervising physician)(M.D. or D.O.) by (the physicians assistant) PHYSICIANS ASSISTANT or (the prescribing supervising physician) (M.D. or D.O.) by (the physicians assistant) ADVANCE PRACTICE REGISTERED NURSE.' The name of the prescribing supervising physician shall be handwritten in the appropriate space by the physicians assistant on the prescription drug or device order form. Any form containing less information than that described in this paragraph shall not be offered to or accepted by any pharmacist who is duly licensed under Title 26.'
SECTION 9."
Senator Thomas of the 54th requested a ruling of the Chair as to the germaneness of the Thomas of the 10th amendment #2.
The President ruled the amendment germane.
Pursuant to Senate Rule 59 the President Pro Tempore ruled that the Thomas of the 10th amendment #2 was not germane.
Senator Thomas of the 10th objected and appealed the ruling of the President Pro Tempore.

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On the motion to sustain the ruling of the President Pro Tempore on amendment #2, a roll call was taken and the vote was as follows:

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

N Harbison Y Harp N Henson Y Hill Y Hooks Y Hudgens N 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

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

On the motion, the yeas were 35, nays 16, and the ruling of the President Pro Tempore that the Thomas of the 10th amendment #2 was not germane, was sustained.

Senator Meyer von Bremen of the 12th requested a ruling of the Chair as to the germaneness of the Thomas of the 54th amendment #1.

The President ruled the amendment germane.

Pursuant to Senate Rule 153 the President Pro Tempore ruled that the Thomas of the 54th amendment #1 was germane.

Senator Thomas of the 10th objected and appealed the ruling of the President Pro Tempore.

On the motion to sustain the ruling of the President Pro Tempore on amendment #1, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Blitch

Y Harbison Y Harp Y Henson

E Seay Y Shafer N Smith,F

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

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

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

On the motion, the yeas were 37, nays 14, and the ruling of the President Pro Tempore that the Thomas of the 54th amendment #1 was germane, was sustained.

On the adoption of the amendment, the yeas were 33, nays 0, and the committee amendment was adopted.

On the adoption of the amendment, the yeas were 42, nays 2, and the Thomas of the 54th amendment #1 was adopted.

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:

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

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

E 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

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Y Crotts Y Dean Y Fort Y Gillis E Golden Y Hall Y Hamrick

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

Thomas,R E Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

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

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

To: Secretary of Senate RE: Protest

Pursuant to Senate Rule 61, I submit this written protest to the Journal of the Senate against the action of the Senate which held Amendment 2 [AM 30 0185] to Senate Bill 179 not germane.

Senate Bill 179 amended O.C.G.A. 26-4-5, specifically addressed physician assistants, and the changed the manner by which prescription may be ordered. Amendment 2 amended OCGA 26-4-5 by expanding the definitions to include advance practice nurses and expanded the definition of physician's assistant. Like Senate Bill 179, Amendment 2 changed the manner by which prescriptions could be ordered.

The Senate rule on germaneness derives from the constitutional prohibition that "[n]o bill shall pass which refers to more than one subject matter or contains matter different from what is expressed in the title thereof." See Ga. Const. Art.3, 5, para. 3. However, our courts have consistently held that this provision should be liberally construed. Specifically, the purpose of Paragraph 3 of Section 5 of Article 3 of the Constitution of the State of Georgia is not to prevent comprehensive legislation. See Kaigler v. Board of Comm'rs of Rds. & Revenues, 174 Ga. 849, 164 S.E. 193 (1932). The constitution empowers the General Assembly to legislate in one act upon a general subject and to embody therein all elements of the general subject. See Fields v. Arnall, 199 Ga. 491, 34 S.E.2d 692 (1945). Amendment 2 addressed the general subject of Senate Bill 179. Amendment 2's addition to Senate Bill 179 would have simply addressed further elements of Senate Bill 179's general subject matter.

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Therefore, I respectfully protest the ruling of the Senate Parliamentarian and the action of the Senate sustaining the ruling of the Parliamentarian that Amendment 2 was not germane.
Respectfully submitted,
/s/ Senator Nadine Thomas of the 10th District
The Calendar was resumed.
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.
The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 187:
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, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change a member on the Criminal Justice Coordinating Council from the chairman of the Georgia Organized Crime Prevention Council to the director of homeland security; to discontinue the Organized Crime Prevention Council; to delete provisions for certain insurance for law enforcement personnel participating in programs of the abolished council; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Terrorism Prevention Act of 2003."

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SECTION 2. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking paragraph (1) of subsection (a) of Code Section 356A-3, relating to membership and vacancies on the Criminal Justice Coordinating Council, and inserting in lieu thereof the following:
"(1) The chairman chairperson of the Georgia Peace Officer Standards and Training Council, the chairman of the Georgia Organized Crime Prevention Council director of homeland security, the chairman chairperson of the Judicial Council of Georgia, the chairman chairperson of the Prosecuting Attorneys Council of the State of Georgia, the commissioner of corrections, the chairman chairperson of the Board of Corrections, the vice-chairman vice chairperson 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, the chairman chairperson 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".
SECTION 3. Said title is further amended by repealing and reserving Chapter 7, relating to the Organized Crime Prevention Council.
SECTION 4. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking Code Section 45-9-3, relating to law enforcement personnel serving on temporary assignment, and inserting in lieu thereof the following:
"45-9-3. Law enforcement personnel who are participants in any program coordinated and administered by the Georgia Organized Crime Prevention Council, which program provides for the temporary assignment or loan of local law enforcement personnel to other local law enforcement agencies for the purpose of such law enforcement officers serving as undercover agents in criminal investigations or in any other manner or capacity assisting such local agencies in criminal investigations, may be provided protection against personal liability for damages sustained by third parties and arising out of the performance of such law enforcement personnels duties while serving on such temporary assignment or loan. The commissioner of administrative services shall prescribe the terms and conditions under which such personnel may be covered by any liability insurance policy or contract of indemnity or other like or similar programs administered by the commissioner pursuant to this article to provide such protection, provided that persons employed by the district attorneys of the state, irrespective of the source of the funds used to pay such persons, shall be allowed to purchase policies of

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liability insurance and contracts of indemnity insurance and for the purpose of this article shall be considered to be state employees. Reserved."

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.

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

Y Harbison Y Harp
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

E 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 48, nays 0.

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

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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 122.

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 make and provide appropriations for the State Fiscal Year beginning July 1, 2003 ending June 30, 2004; and for other purposes.

Senator Tolleson of the 18th asked unanimous consent that Senator Crotts of the 17th be excused. The consent was granted, and Senator Crotts was excused.

The Calendar was resumed.

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 the subject of a protective services referral, complaint, or investigation; 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 Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle

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

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

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

Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis
Price Reed Y Seabaugh

Tate Y Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Tolleson Y Unterman
Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 0.

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

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.

The Senate Children and Youth Committee offered the following substitute to SB 201:

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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, is amended by striking paragraphs (9) and (10) of subsection (c) of Code Section 49-5-41, relating to persons and agencies permitted access to records, and inserting in their respective places the following:

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"(9) Any person who has an ongoing relationship with the child named in the record or report of child abuse any part of which is to be disclosed to such person but only if that person is required to report suspected abuse of that child pursuant to subsection (b) of Code Section 19-7-5, as that subsection existed on January 1, 1990; and (10) Any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student as a part of such counseling persons school employment duties, but those records shall remain confidential and information obtained therefrom by that counseling person may not be disclosed to any person, except that student, not authorized under this Code section to obtain those records, and such unauthorized disclosure shall be punishable as a misdemeanor; and (11) The Office of School Readiness or the Department of Education, Division of School Readiness."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 30, 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 E Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y 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
Johnson Y Kemp,B Y Kemp,R Y Lamutt
Lee Y Levetan Y Me V Bremen Y Moody Y Mullis
Price Reed Y Seabaugh

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

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On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following communication was received by the Secretary:
Georgia State Senate Connie Stokes
Senator, District 43
Please reflect in the Journal a yes vote on SB 201.
The following House legislation was read the first time and referred to committee:
HB 122. 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 make and provide appropriations for the State Fiscal Year beginning July 1, 2003 ending June 30, 2004; and for other purposes.
Referred to the Appropriations Committee.
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.
Senator Seabaugh of the 28th asked unanimous consent that Senator Price of the 56th be excused. The consent was granted, and Senator Price was excused.
The Calendar was resumed.
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

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demanding reimbursement; 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 Bowen Y Brown Y Brush Y Bulloch Y Butler
Cagle Y Cheeks Y Clay Y 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
Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis E Price
Reed Y Seabaugh

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

On the passage of the bill, the yeas were 44, nays 0.

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

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.

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Senators Lee of the 29th, Clay of the 37th, Thompson of the 33rd and Tate of the 38th offered the following amendment:

Amend SB 223 by inserting after "system;" on line 5 on page 1 "to provide for limitations on letters of intent and other similar documents;" and by inserting after "open." on line 23 on page 1 "A letter of intent or similar document shall not constitute a contract and shall not be construed to require or otherwise legally bind the teacher or other professional employee to return to such school system."

On the adoption of the amendment, the yeas were 36, nays 0, and the Lee, et al. amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 E 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 E 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

E Seay Y Shafer Y Smith,F Y Smith,P Y Squires
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
Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

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

Senator Williams of the 19th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

MONDAY, APRIL 7, 2003

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The Calendar was resumed.
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.

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 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 E Golden Y Hall Y Hamrick

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

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

On the passage of the bill, the yeas were 47, nays 3.

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

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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.
The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 243:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by adding a new Code Section 38-3-57 to read as follows:
"38-3-57. (a) The Georgia Emergency Management Agency shall establish and maintain, in collaboration with all appropriate state agencies and volunteer organizations with emergency support function roles, and professional organizations that represent local public safety agencies, including the Emergency Management Association of Georgia, the Georgia Association of Police Chiefs, the Georgia Fire Chiefs Association, and the Georgia Sheriffs Association, a standardized, verifiable, performance-based unified incident command system. (b) Such system shall be consistent with the Georgia Emergency Operations Plan and shall be utilized in response to emergencies and disasters referenced in the Georgia

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Emergency Operations Plan, including Presidentially declared disasters and states of emergency issued by the Governor. (c) The Georgia Emergency Management Agency, in cooperation with the Georgia Public Safety Training Center, shall develop a course of instruction for use in training and certifying emergency response personnel in unified incident command. (d) All local public safety and emergency response organizations, including emergency management agencies, law enforcement agencies, fire departments, and emergency medical services, shall implement the standardized unified incident command system provided for in subsection (a) of this Code section by December 21, 2004. (e) Local agencies that have not established such system by December 31, 2004, shall not be eligible for state reimbursement for any response or recovery related expenses."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 44, 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 E 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 E Golden Y Hall Y Hamrick

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

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

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 273. By Senators Moody of the 27th, Kemp of the 46th, Johnson of the 1st and Mullis of the 53rd:
A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of publicprivate infrastructure projects; to provide for a short title; to provide for definitions; to provide for legislative intent; to provide for contracting authority; to provide for procedures, conditions, and limitations with respect to approval of qualifying projects and selection of proposals; to provide for powers, duties, and responsibilities of project operators; to provide for default; to provide for remedies; to provide for property dedication; to provide for condemnation; to provide for exercise of police powers; to provide for funding; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Economic Development and Tourism Committee offered the following amendment:
Amend SB 273 by striking line 25 of page 6 and inserting in lieu thereof the following: "(c) Proposals for qualifying projects submitted pursuant to paragraph (1) of Code Section".
On the adoption of the committee amendment, the yeas were 38, nays 0, and the committee amendment was adopted.
Senators Kemp of the 46th and Moody of the 27th offered the following amendment:
Amend SB 273 by adding a new paragraph (4) after line 35 on page 5 to read as follows: "(4) Once any unsolicited proposal submitted by an operator pursuant to the provisions of this Code section is received by the responsible public entity and deemed thereby to meet all legal and policy requirements for initial review, within 30 days thereof the responsible public entity shall publish in the legal organ for that responsible public entity, or on such electronic website providing for general public access as the responsible public entity may develop for such purpose, a notice accepting such proposal for initial review, providing a general description of the proposed qualifying project, and inviting others to submit competing proposals. The description of the proposed qualifying project shall include an outline of the general nature and scope of the unsolicited proposal, including the location of the proposed qualifying project, and specify the address to which any letters of intent to submit a

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competing proposal and the competing proposals themselves must be submitted. The responsible public entity shall advertise such notice for a period of 30 days. If the responsible public entity advertises such notice in its legal organ, the notice shall be published at least twice with the first notice to be published 30 days prior to the expiration of the advertisement period. The second publication of the notice shall occur at least two weeks following the publication of the initial notice. In the event an electronic website is used for the purpose of publishing such notice, the responsible public entity shall maintain the notice on such website continuously for the 30 day period. Any person who elects to submit a competing proposal for the proposed qualifying project to the responsible public entity shall submit a written letter of intent to do so by no later than 30 days after the responsible public entitys initial publication of the notice. Any letter of intent received by the responsible public entity after the expiration of the 30 day period shall not be valid and any competing proposal submitted thereafter by a person who has not submitted a timely letter of intent shall not be considered by the responsible public entity and shall be returned to the person who did not submit a letter of intent by the deadline. For those persons who elect to submit a competing proposal and submit a timely letter of intent with the responsible public entity, any such competing proposal shall be submitted to the responsible public entity by no later than 90 days after the responsible public entitys initial publication of the notice required by this Code section. Only those competing, compliant proposals submitted by such deadline shall be considered by the responsible public entity."

By renumbering paragraph (4) on line 36 on page 5 and paragraph (5) on line 4 on page 6 as paragraphs (5) and (6), respectively.

On the adoption of the amendment, the yeas were 34, nays 0, and the Kemp of the 46th, Moody amendment was adopted.

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:

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

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

E Seay Y Shafer Y Smith,F Y Smith,P Y 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 E 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

Tate Y Thomas,D Y Thomas,N N Thomas,R E Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 3.

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

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.

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
Blitch E 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 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

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

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E Golden Y Hall Y Hamrick

Y Price Y Reed Y Seabaugh

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 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.

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 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

E 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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E Golden Y Hall Y Hamrick

Y Price Y Reed Y Seabaugh

Y Williams Zamarripa

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

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

SB 261. By Senators Harp of the 16th, Tolleson of the 18th, Squires of the 5th, Brown of the 26th and Collins of the 6th:

A BILL to be entitled an Act to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to provide for additional procedures with respect to zoning decisions; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Veterans and Military Affairs Committee offered the following substitute to SB 261:
A BILL TO BE ENTITLED AN ACT

To amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to provide for additional procedures and requirements with respect to zoning decisions; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, is amended by adding a new Code section at the end thereof, to be designated Code Section 36-66-6, to read as follows:
"36-66-6. (a) In any local government which has established a planning department or other similar agency charged with the duty of reviewing zoning proposals, such planning department or other agency shall with respect to each zoning proposal or zoning decision involving land that is adjacent to or in the vicinity of any military base, installation, or airport investigate and make a recommendation with respect to each of the matters enumerated in this Code section, as well as carrying out any other duties with which the planning department or agency is charged by the local government. The planning department or other agency and the commander of such military base, installation, or airport shall each make a written record of its investigation and recommendations, and these records shall be a public record.

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(b) The matters with which the planning department or agency and the commander of such military base, installation, or airport shall be required to make such investigation and recommendation shall be:
(1) Whether the zoning proposal will permit a use that is suitable in view of the use of adjacent and nearby property as a military base, installation, or airport; (2) Whether the zoning proposal will adversely affect the existing use or usability of nearby property as a military base, installation, or airport; (3) Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned; (4) Whether the zoning proposal will result in a use which will or could cause a safety concern with respect to excessive or burdensome use of existing streets, transportation facilities, utilities, or schools due to the use of nearby property as a military base, installation, or airport; (5) If the local government has an adopted land use plan, whether the zoning proposal is in conformity with the policy and intent of the land use plan; and (6) Whether there are other existing or changing conditions affecting the use of the nearby property as a military base, installation, or airport which give supporting grounds for either approval or disapproval of the zoning proposal. (c) The written record of such investigation and recommendations by the commander of such military base, installation, or airport shall be provided to the planning department or agency and to the Governor in a reasonable and timely manner. (d) In the event the commander of such military base, installation, or airport objects to any matter enumerated in subsection (b) of ths Code section, the governing authority of the county shall be authorized to approve the recommendation of the planning department or agency with respect to that matter only upon a two-thirds vote of the members of such governing authority."
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 Hall of the 22nd and Brush of the 24th offered the following amendment #1:
Amend the committee substitute to SB 261 by deleting:
(1) the words "or in the vicinity of" on Line 14 on Page 1. (2) the words "and nearby" on Line 24, of Page 1. (3) the word "county" on Line 17, Page 2 and inserting in lieu thereof the words "local government".

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JOURNAL OF THE SENATE

Senator Hall of the 22nd asked unanimous consent that his amendment #1 to the committee substitute be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Cheeks of the 23rd offered the following amendment #2:
Amend the committee substitute to SB 261 by deleting lines 15 - 19 on page 2.
On the adoption of the amendment, the yeas were 39, nays 3, and the Cheeks amendment #2 to the committee substitute was adopted.
Senators Hall of the 22nd and Brush of the 24th offered the following amendment #3:
Amend the committee substitute to SB 261 by deleting:
(1) the words "or in the vicinity of" on Line 14 on Page 1. (2) the words "and nearby" on Line 24, of Page 1. (3) the word "county" on Line 17, Page 2 and inserting in lieu thereof the words "local government".

Senator Hall of the 22nd asked unanimous consent that his amendment #3 to the committee substitute be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Tolleson of the 18th offered the following amendment #4:
Amend SB 261 by adding on line 17 page 2 after the word county the following or city government
Senator Tolleson of the 18th asked unanimous consent that his amendment #4 to the committee substitute be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Crotts of the 17th offered the following amendment #5:
Amend the committee substitute to SB 261 by correcting a typographical error on page two (2) Line seventeen (17) after the word (b) of, change ths to "this"
Senator Crotts of the 17th asked unanimous consent that his amendment #5 to the committee substitute be withdrawn. The consent was granted, and the amendment was withdrawn.

MONDAY, APRIL 7, 2003

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On the adoption of the substitute, the yeas were 53, 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 E 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 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

E 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 N Thomas,R
Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 51, nays 1.

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

Senator Harp of the 16th asked unanimous consent that SB 261 be immediately transmitted to the House. The consent was granted, and SB 261 was immediately transmitted.

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334
April 3, 2003

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The Honorable Frank Eldridge Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. Secretary:
This is my official request that my name be removed from SR 38.
Sincerely,
/s/ Nadine Thomas 10th Senate District
Senator Price of the 56th moved that the Senate stand in recess until 9:00 p.m., then adjourn until 10:00 a.m., tomorrow.
At 6:42 p.m., the President announced that the motion prevailed.
The Senate adjourned at 9:00 p.m.

TUESDAY, APRIL 8, 2003

1599

Senate Chamber, Atlanta, Georgia Tuesday, April 8, 2003
Thirty-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 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 43.

By Representative Channell of the 77th:

A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to certain sales to nonprofit organizations engaged primarily in archeological exploration and preservation; and for other purposes.

HB 148.

By Representatives Ray of the 108th, Royal of the 140th, Black of the 144th and James of the 114th:

A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of liquefied petroleum gas or other fuel used for certain horticultural purposes; and for other purposes.

HB 182. By Representatives Benfield of the 56th, Post 1 and Drenner of the 57th:

A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to improve enforcement of

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HB 213. HB 226. HB 246. HB 261.

Uniform Rules of the Road; to regulate use of traffic law compliance monitoring devices in enforcing certain such rules; to provide for related inspection of motor vehicle registration records; to provide that certain maximum speeding fine limitations shall not apply to speeding in a school speed zone; and for other purposes.
By Representatives Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Ashe of the 42nd, Post 2, Wilkinson of the 41st, Teilhet of the 34th, Post 2 and others:
A BILL to amend Chapter 15 of Title 10 of the Official Code of Georgia Annotated, relating to business administration, so as to provide for restrictions on the information which may be printed on receipts for certain payment card transactions; and for other purposes.
By Representatives Randall of the 107th, Harbin of the 80th and Jenkins of the 93rd:
A BILL to amend Code Section 15-10-60 of the Official Code of Georgia Annotated, relating to the applicability of the article on violation of ordinances of county and state authorities and imposition of suspended sentences, so as to provide for increased jail punishment; and for other purposes.
By Representatives Birdsong of the 104th and Jenkins of the 93rd:
A BILL to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to change certain provisions relating to inspection of public records, printing of computerized indexes of county real estate records, time for determination of whether requested records are subject to access, and electronic access to records; to provide that certain requests may be required to be in writing; and for other purposes.
By Representatives Parham of the 94th, Stephens of the 123rd, Parrish of the 102nd, Twiggs of the 8th and Graves of the 106th:
A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listings of controlled substances and dangerous drugs; to provide for exempt over-thecounter controlled substances; to prohibit office based opioid treatment by dispensing any controlled substance to a patient with opioid addiction; and for other purposes.

TUESDAY, APRIL 8, 2003

1601

HB 291. HB 304. HB 319. HB 321.

By Representative Ashe of the 42nd, Post 2:
A BILL to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to competitive bidding procedures with respect to the Department of Administrative Services, so as to provide that certain powers of the commissioner of administrative services shall not terminate; and for other purposes.
By Representatives Purcell of the 122nd, Greene of the 134th, Powell of the 23rd, Crawford of the 91st and Lord of the 103rd:
A BILL to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to change certain provisions relating to definitions; to change certain provisions relating to powers and duties of the State Water Well Standards Advisory Council; to change certain provisions relating to licensing of water well contractors generally, applications for trainee licenses, and related violations; and for other purposes.
By Representatives Powell of the 23rd, Porter of the 119th, Beasley-Teague of the 48th, Post 2, Parham of the 94th and Mobley of the 58th:
A BILL to amend Code Section 19-11-9.1 of the Official Code of Georgia Annotated, relating to the duty to furnish information about obligor to department, use of information obtained, and penalty for noncompliance, so as to provide for the acceptance of a certification of noneligibility for issuance of a social security number by the Department of Motor Vehicle Safety; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to provide for other information to be included in an application for a driver's license; and for other purposes.
By Representatives Floyd of the 132nd and Twiggs of the 8th:
A BILL to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads, so as to provide that proposed or existing subdivisions that access a state highway system shall be required to obtain Department of Transportation approval prior to undertaking additions or changes to plats that might affect road safety; and for other purposes.

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HB 324. HB 346. HB 423. HB 427.

By Representatives McBee of the 74th, Buck of the 112th, Skipper of the 116th, Parrish of the 102nd and Thompson of the 69th, Post 1:
A BILL to amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to create the International Affairs Coordinating Council; to define a certain term; to provide for membership; and for other purposes.
By Representatives Millar of the 52nd, Royal of the 140th, Watson of the 60th, Post 2, Williams of the 4th and Drenner of the 57th:
A BILL to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for educational purposes, so as to provide that when certain sales taxes for educational purposes are imposed, each board of education expending proceeds of the tax shall undergo a performance audit or performance review of such expenditures; to provide for contracts for such performance audit or review; and for other purposes.
By Representatives Howell of the 92nd, Lunsford of the 85th, Post 2 and Yates of the 85th, Post 1:
A BILL to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, so as to provide that a municipal corporation may lease municipal property for up to 20 years to a nonprofit corporation for certain purposes related to recreation; and for other purposes.
By Representatives Powell of the 23rd, DeLoach of the 127th, Boggs of the 145th and Stoner of the 34th, Post 1:
A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to clarify the definition of precinct; to authorize the Secretary of State to develop, program, and build ballots for use by counties and municipalities using direct recording electronic (DRE) voting systems; to require election superintendents to complete a certification program; to repeal the provisions of law establishing the Twenty-first Century Voting Commission and the pilot projects for electronic voting; to amend Code Section 50-12-101 of the Official Code of Georgia Annotated, relating to assignment of numbers by board to proposed constitutional amendments and Constitutions; and for other purposes.

TUESDAY, APRIL 8, 2003

1603

HB 493.
HB 497. HB 519. HB 581. HB 599.

By Representatives Drenner of the 57th, Dean of the 49th, Moraitakis of the 42nd, Post 4, Benfield of the 56th, Post 1, Broome of the 141st, Post 2 and others:
A BILL to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to authorize the governing authority of a county or municipality to permit the sale of alcoholic beverages for consumption on the premises until 4:30 A.M. each day and beginning at 12:30 P.M. on Sundays; to provide that such authorization shall be by resolution or ordinance approved in a referendum; and for other purposes.
By Representatives Porter of the 119th, Birdsong of the 104th, Lucas of the 105th, Coleman of the 118th, Randall of the 107th and others:
A BILL to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to create the East Central Georgia Railroad Excursion Authority; and for other purposes.
By Representatives Rogers of the 20th, Reece of the 21st, Mills of the 67th, Post 2, Amerson of the 9th, Murphy of the 14th, Post 2 and others:
A BILL to amend Code Section 12-3-318 of the Official Code of Georgia Annotated, relating to purposes for which income, gifts, grants, appropriations, bonds, or loans may be used by the Lake Lanier Islands Development Authority, so as to require certain allocation of certain funds received by the authority; and for other purposes.
By Representatives Powell of the 23rd, Parham of the 94th and Rice of the 64th:
A BILL to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Franchise Practices Act," so as to provide that the Department of Motor Vehicle Safety shall enforce the Act rather than the Department of Revenue; and for other purposes.
By Representatives Thompson of the 69th, Post 1, Dix of the 70th, Post 2, Teilhet of the 34th, Post 2 and Boggs of the 145th:
A BILL to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide that a request for

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JOURNAL OF THE SENATE

HB 614. HB 619. HB 628. HB 663.

postconviction DNA testing shall be made through an extraordinary motion for new trial; to provide for postconviction DNA testing of evidence in certain criminal cases; to provide procedures, conditions, and standards for the conduct of postconviction DNA testing of evidence; to provide for the state to appeal in criminal cases in which an extraordinary motion for new trial is granted; to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, so as to provide standards for the retention of evidence in criminal cases; and for other purposes.
By Representative Greene of the 134th:
A BILL to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to jurisdiction over certain misdemeanor offenders, designation of place of confinement of inmates, reimbursement of counties, and transfer of inmates to federal authority, so as to change certain provisions relating to reimbursement rates; and for other purposes.
By Representatives Harbin of the 80th and Maddox of the 59th, Post 2:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the issuance of group accident and sickness insurance under a franchise group plan; to provide for definitions; to provide for conversion, portability, and continuation; and for other purposes.
By Representatives Hugley of the 113th, Gardner of the 42nd, Post 3, Childers of the 13th, Post 1, Hill of the 81st and Orrock of the 51st:
A BILL to amend Chapter 1A of Title 43 of the Official Code of Georgia Annotated, relating to occupational regulation legislation review, so as to change the provisions relating to occupational regulation legislation review; to provide for evaluation of businesses and professions; to change the composition of the Georgia Occupational Regulation Review Council; to change the provisions relating to referral of a bill to the council; and for other purposes.
By Representatives Massey of the 24th, Mills of the 67th, Post 2 and Coan of the 67th, Post 1:
A BILL to provide a new charter for the Town of Braselton; and for other purposes.

TUESDAY, APRIL 8, 2003

1605

HB 666. HB 688. HB 719.
HB 722. HB 759.

By Representative Lord of the 103rd:
A BILL to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to requirement of audits, so as to change the amount of annual expenditures of local governments requiring annual audits; and for other purposes.
By Representatives Powell of the 23rd, Parham of the 94th, Skipper of the 116th and Westmoreland of the 86th:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Vehicle Protection Product Act"; to provide for a short title; to provide for definitions; to provide for scope and exemptions; to provide for registration and filing requirements of warrantors; to provide for financial responsibility; to provide for warranty reimbursement policy requirements; and for other purposes.
By Representatives Jenkins of the 93rd, Porter of the 119th, Teper of the 42nd, Post 1, Hanner of the 133rd, Moraitakis of the 42nd, Post 4 and others:
A BILL to amend Code Section 40-2-76 of the Official Code of Georgia Annotated, relating to alternative fueled vehicle license plates, so as to add hybrid vehicles to the definition of alternative fueled vehicles; to amend Code Section 32-9-4 of the Official Code of Georgia Annotated, relating to designation of travel lanes and use of such lanes, so as to provide for the authorization of hybrid vehicles to use designated travel lanes; and for other purposes.
By Representatives Jenkins of the 93rd, Orrock of the 51st, Bordeaux of the 125th, Ashe of the 42nd, Post 2, Willard of the 40th and others:
A BILL to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders and consent agreements, issuance, expiration, and enforcement, so as to change the duration of temporary protective orders; and for other purposes.
By Representatives White of the 3rd, Post 2, Williams of the 4th, Forster of the 3rd, Post 1 and Brock of the 5th:
A BILL to amend an Act providing a new charter for the City of Varnell, so as to change the corporate boundaries of said city; and for other purposes.

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JOURNAL OF THE SENATE

HB 770. HB 771. HB 777. HB 780.

By Representatives Coleman of the 118th, Porter of the 119th, Fleming of the 79th, Smyre of the 111th, Skipper of the 116th and others:
A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to enact the "Georgia Indigent Defense Act"; to provide a short title; to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the legal defense of indigents, so as to provide for the repeal of the articles of said chapter at various times; to amend Code Section 21-2-502 of the Official Code of Georgia Annotated; to amend Title 35 of the Official Code of Georgia Annotated; to amend Code Section 36-23-1of the Official Code of Georgia Annotated; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated; and for other purposes.
By Representatives Porter of the 119th, Smyre of the 111th, Bordeaux of the 125th, Skipper of the 116th, Mobley of the 58th and others:
A BILL to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to change provisions relative to the appointment of members of the State Ethics Commission and provide additional eligibility requirements for appointed persons; to provide for the timely issuance of advisory opinions by the State Ethics Commission and other matters relative to advisory opinions; to change the provisions relating to technical defects and the time frame for correction of technical defects in financial disclosure statements; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees; and for other purposes.
By Representatives Floyd of the 132nd, Shaw of the 143rd, Skipper of the 116th, Parrish of the 102nd, Porter of the 119th and others:
A BILL to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to provide for letters of credit issued by the Federal Home Loan Bank to be accepted to secure state funds on deposit in state depositories; and for other purposes.
By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from City of Lyons ad valorem taxes for municipal 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; and for other purposes.

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HB 782. HB 783. HB 784. HB 785. HB 786. HB 792.

By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from Toombs 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; to provide for definitions; and for other purposes.
By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from City of Vidalia independent school district ad valorem taxes for educational 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; and for other purposes.
By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from City of Vidalia ad valorem taxes for municipal 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; to provide for definitions; and for other purposes.
By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from City of Santa Claus ad valorem taxes for municipal 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; and for other purposes.
By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from Toombs County School District ad valorem taxes for educational 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; and for other purposes.
By Representatives Porter of the 119th and Buck of the 112th:
A BILL 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

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HB 798.
HB 801. HB 830. HB 831. HB 832. HB 835.

the comprehensive revision of provisions regarding class actions; and for other purposes.
By Representatives Morris of the 120th, Lane of the 101st, Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, the "Vidalia Onion Act of 1986," so as to change certain provisions relating to definitions; to change certain provisions relating to rules and regulations and enforcement of said article; to change certain provisions relating to marketing season opening date; and for other purposes.
By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to provide that future elections for the office of chief magistrate of Effingham County shall be nonpartisan elections; and for other purposes.
By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend an Act providing for election of members of the board of education of Tattnall County, so as to change certain district descriptions for purposes of electing members of the board; and for other purposes.
By Representatives Murphy of the 14th, Post 2, Knox of the 14th, Post 1, Hill of the 16th, Rogers of the 15th, Franklin of the 17th and others:
A BILL to amend an Act entitled "An Act to provide a new charter for the City of Ball Ground," so as to remove the limitation on the number of terms a person may serve as mayor; and for other purposes.
By Representatives Buckner of the 82nd, Beasley-Teague of the 48th, Post 2, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Mosby of the 59th, Post 3 and others:
A BILL to establish the "Clayton County Commission on Children and Youth"; and for other purposes.
By Representative Hudson of the 95th:
A BILL to amend an Act reconstituting the Board of Education of Warren County, so as to provide for the election of members of the board in

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HB 837. HB 839. HB 840.
HB 841. HB 842. HB 847.

nonpartisan elections; and for other purposes.
By Representatives Ehrhart of the 28th, Manning of the 32nd, Wilkinson of the 41st, Hines of the 35th, Cooper of the 30th and others:
A BILL to amend an Act creating the Board of Commissioners of Cobb County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.
By Representative Hill of the 147th:
A BILL to create the St. Mary's Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for St. Mary's, Georgia; to provide for creation and organization; and for other purposes.
By Representatives Benfield of the 56th, Post 1, Mobley of the 58th, Oliver of the 56th, Post 2, Henson of the 55th and Drenner of the 57th:
A BILL to authorize the City of Avondale Estates to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as amended; to provide for a referendum; and for other purposes.
By Representatives Crawford of the 91st and Ray of the 108th:
A BILL to create a board of elections and registration for Upson County and provide for its powers and duties; and for other purposes.
By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend an Act creating the board of commissioners of Tattnall County, so as to change certain district descriptions for purposes of electing members of the board; and for other purposes.
By Representatives Birdsong of the 104th, Parham of the 94th, Jenkins of the 93rd and Lucas of the 105th:
A BILL to amend an Act creating a Board of Education of Jones County, so as to change the description of the districts from which members of such

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board are elected; and for other purposes.

HB 849. By Representative Lane of the 101st:

A BILL to provide that future elections for the office of probate judge of Screven County shall be nonpartisan elections held at the time of certain November general elections; and for other purposes.

HB 850. By Representative Skipper of the 116th:

A BILL to create a board of elections and registration for Marion County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; and for other purposes.

HB 853. By Representative Jamieson of the 22nd:

A BILL to amend an Act providing for a homestead exemption from certain Banks County ad valorem taxes for county purposes for certain residents of that county who are senior citizens or disabled, so as to increase the amount of such exemption; and for other purposes.

HB 854. By Representative Jamieson of the 22nd:

A BILL to amend and supersede the laws pertaining to the governing authority of Banks County; to provide for a Board of Commissioners of Banks County; and for other purposes.

HB 861. By Representative Roberts of the 131st:

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

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

HR 228.

By Representatives Heckstall of the 48th, Post 3, Jackson of the 124th, Post 1, Holmes of the 48th, Post 1, Roberts of the 135th, Sailor of the 61st, Post 1 and others:

A RESOLUTION strongly urging the Governor's Office of Consumer Affairs to address with the public the health dangers of certain cosmetic coverings of the teeth and to encourage efforts to remove those

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unscrupulous and unlicensed providers of such coverings; and for other purposes.

HR 263.

By Representatives Bannister of the 70th, Post 1, Smith of the 13th, Post 2, Ralston of the 6th, Williams of the 4th and Maddox of the 59th, Post 2:

A RESOLUTION creating the Subsequent Injury Trust Fund Joint Study Committee; and for other purposes.

HR 357.

By Representatives McCall of the 78th, Purcell of the 122nd, Ray of the 108th and Roberts of the 131st:

A RESOLUTION recognizing America's search and rescue dogs, commending their handlers and related organizations, and authorizing and directing the erection of a monument in honor thereof at the southwest corner of the Department of Agriculture building across from Capitol Square; and for other purposes.

HR 397. By Representative Maddox of the 59th, Post 2:

A RESOLUTION creating the Joint MARTA Finance Study Committee; and for other purposes.

HR 406. By Representatives Ray of the 108th and James of the 114th:

A RESOLUTION designating that overpass between Commercial Heights and SR 96 East in the City of Fort Valley which connects U.S. 341 and SR 96 East as the Gamaliel Hilson Memorial Overpass; and for other purposes.

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

SB 370. By Senator Kemp of the 3rd:

A BILL to be entitled an Act 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 general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; 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.

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SB 371. By Senator Kemp of the 3rd:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Long County shall be nonpartisan elections and provide for an election date; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; 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 372. By Senator Kemp of the 3rd:
A BILL to be entitled an Act to amend an Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4019), so as to provide new districts for the election of members; to renumber the education districts; to provide for the completion of terms; to provide that new districts and new numerical designations shall conform to those districts adopted for the board of commissioners in 1997; to provide for related matters; to provide for submission for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 373. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Madison County and for the office of chief magistrate of Madison County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; 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 374. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act relating to the composition and manner of selecting members of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4635), so as to provide for

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vacancies; to provide for certain submissions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 375. By Senator Squires of the 5th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3844), and an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), so as to change the corporate limits of the City of Norcross; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 376. By Senator Balfour of the 9th:
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 relating to advanced practice registered nurses and prescriptive orders; to provide for legislative intent and findings; 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 continuing rights of certain nurses; to provide for related matters; to provide for an effective date; 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 43. By Representative Channell of the 77th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to certain sales to nonprofit organizations engaged primarily in archeological exploration and preservation; and for other purposes.
Referred to the Finance Committee.

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HB 148. By Representatives Ray of the 108th, Royal of the 140th, Black of the 144th and James of the 114th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of liquefied petroleum gas or other fuel used for certain horticultural purposes; and for other purposes.
Referred to the Finance Committee.
HB 182. By Representatives Benfield of the 56th, Post 1 and Drenner of the 57th:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to improve enforcement of Uniform Rules of the Road; to regulate use of traffic law compliance monitoring devices in enforcing certain such rules; to provide for related inspection of motor vehicle registration records; to provide that certain maximum speeding fine limitations shall not apply to speeding in a school speed zone; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 191. By Representative Lord of the 103rd:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for the voluntary cancellation of the registration of certain vehicles and the restoration thereof; to provide definitions; to provide for an exception for insurers for reporting certain insurance coverage for fleet insurance policies; to change the fees for lapse and restoration fees; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 213. By Representatives Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Ashe of the 42nd, Post 2, Wilkinson of the 41st, Teilhet of the 34th, Post 2 and others:
A BILL to amend Chapter 15 of Title 10 of the Official Code of Georgia Annotated, relating to business administration, so as to provide for restrictions on the information which may be printed on receipts for certain payment card transactions; and for other purposes.
Referred to the Judiciary Committee.

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HB 226. By Representatives Randall of the 107th, Harbin of the 80th and Jenkins of the 93rd:
A BILL to amend Code Section 15-10-60 of the Official Code of Georgia Annotated, relating to the applicability of the article on violation of ordinances of county and state authorities and imposition of suspended sentences, so as to provide for increased jail punishment; and for other purposes.
Referred to the Special Judiciary Committee.
HB 246. By Representatives Birdsong of the 104th and Jenkins of the 93rd:
A BILL to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to change certain provisions relating to inspection of public records, printing of computerized indexes of county real estate records, time for determination of whether requested records are subject to access, and electronic access to records; to provide that certain requests may be required to be in writing; and for other purposes.
Referred to the Judiciary Committee.
HB 261. By Representatives Parham of the 94th, Stephens of the 123rd, Parrish of the 102nd, Twiggs of the 8th and Graves of the 106th:
A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listings of controlled substances and dangerous drugs; to provide for exempt over-thecounter controlled substances; to prohibit office based opioid treatment by dispensing any controlled substance to a patient with opioid addiction; and for other purposes.
Referred to the Judiciary Committee.
HB 291. By Representative Ashe of the 42nd, Post 2:
A BILL to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to competitive bidding procedures with respect to the Department of Administrative Services, so as to provide that certain powers of the commissioner of administrative services shall not terminate; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

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HB 304. By Representatives Purcell of the 122nd, Greene of the 134th, Powell of the 23rd, Crawford of the 91st and Lord of the 103rd:
A BILL to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to change certain provisions relating to definitions; to change certain provisions relating to powers and duties of the State Water Well Standards Advisory Council; to change certain provisions relating to licensing of water well contractors generally, applications for trainee licenses, and related violations; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
HB 319. By Representatives Powell of the 23rd, Porter of the 119th, Beasley-Teague of the 48th, Post 2, Parham of the 94th and Mobley of the 58th:
A BILL to amend Code Section 19-11-9.1 of the Official Code of Georgia Annotated, relating to the duty to furnish information about obligor to department, use of information obtained, and penalty for noncompliance, so as to provide for the acceptance of a certification of noneligibility for issuance of a social security number by the Department of Motor Vehicle Safety; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to provide for other information to be included in an application for a driver's license; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 321. By Representatives Floyd of the 132nd and Twiggs of the 8th:
A BILL to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads, so as to provide that proposed or existing subdivisions that access a state highway system shall be required to obtain Department of Transportation approval prior to undertaking additions or changes to plats that might affect road safety; and for other purposes.
Referred to the Transportation Committee.
HB 324. By Representatives McBee of the 74th, Buck of the 112th, Skipper of the 116th, Parrish of the 102nd and Thompson of the 69th, Post 1:
A BILL to amend Chapter 13 of Title 45 of the Official Code of Georgia

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Annotated, relating to the Secretary of State, so as to create the International Affairs Coordinating Council; to define a certain term; to provide for membership; and for other purposes.
Referred to the Interstate Cooperation Committee.

HB 346. By Representatives Millar of the 52nd, Royal of the 140th, Watson of the 60th, Post 2, Williams of the 4th and Drenner of the 57th:
A BILL to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for educational purposes, so as to provide that when certain sales taxes for educational purposes are imposed, each board of education expending proceeds of the tax shall undergo a performance audit or performance review of such expenditures; to provide for contracts for such performance audit or review; and for other purposes.
Referred to the Finance Committee.

HB 423. By Representatives Howell of the 92nd, Lunsford of the 85th, Post 2 and Yates of the 85th, Post 1:
A BILL to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, so as to provide that a municipal corporation may lease municipal property for up to 20 years to a nonprofit corporation for certain purposes related to recreation; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

HB 427. By Representatives Powell of the 23rd, DeLoach of the 127th, Boggs of the 145th and Stoner of the 34th, Post 1:
A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to clarify the definition of precinct; to authorize the Secretary of State to develop, program, and build ballots for use by counties and municipalities using direct recording electronic (DRE) voting systems; to require election superintendents to complete a certification program; to repeal the provisions of law establishing the Twenty-first Century Voting Commission and the pilot projects for electronic voting; to amend Code Section 50-12-101 of the Official Code of

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Georgia Annotated, relating to assignment of numbers by board to proposed constitutional amendments and Constitutions; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

HB 493. By Representatives Drenner of the 57th, Dean of the 49th, Moraitakis of the 42nd, Post 4, Benfield of the 56th, Post 1, Broome of the 141st, Post 2 and others:
A BILL to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to authorize the governing authority of a county or municipality to permit the sale of alcoholic beverages for consumption on the premises until 4:30 A.M. each day and beginning at 12:30 P.M. on Sundays; to provide that such authorization shall be by resolution or ordinance approved in a referendum; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

HB 497. By Representatives Porter of the 119th, Birdsong of the 104th, Lucas of the 105th, Coleman of the 118th, Randall of the 107th and others:
A BILL to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to create the East Central Georgia Railroad Excursion Authority; and for other purposes.
Referred to the Transportation Committee.

HB 519. By Representatives Rogers of the 20th, Reece of the 21st, Mills of the 67th, Post 2, Amerson of the 9th, Murphy of the 14th, Post 2 and others:
A BILL to amend Code Section 12-3-318 of the Official Code of Georgia Annotated, relating to purposes for which income, gifts, grants, appropriations, bonds, or loans may be used by the Lake Lanier Islands Development Authority, so as to require certain allocation of certain funds received by the authority; and for other purposes.
Referred to the Economic Development and Tourism Committee.

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HB 581. By Representatives Powell of the 23rd, Parham of the 94th and Rice of the 64th:
A BILL to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Franchise Practices Act," so as to provide that the Department of Motor Vehicle Safety shall enforce the Act rather than the Department of Revenue; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

HB 599. By Representatives Thompson of the 69th, Post 1, Dix of the 70th, Post 2, Teilhet of the 34th, Post 2 and Boggs of the 145th:
A BILL to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide that a request for postconviction DNA testing shall be made through an extraordinary motion for new trial; to provide for postconviction DNA testing of evidence in certain criminal cases; to provide procedures, conditions, and standards for the conduct of postconviction DNA testing of evidence; to provide for the state to appeal in criminal cases in which an extraordinary motion for new trial is granted; to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, so as to provide standards for the retention of evidence in criminal cases; and for other purposes.
Referred to the Judiciary Committee.

HB 614. By Representative Greene of the 134th:
A BILL to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to jurisdiction over certain misdemeanor offenders, designation of place of confinement of inmates, reimbursement of counties, and transfer of inmates to federal authority, so as to change certain provisions relating to reimbursement rates; and for other purposes.
Referred to the Special Judiciary Committee.

HB 619. By Representatives Harbin of the 80th and Maddox of the 59th, Post 2:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the issuance of group accident and sickness

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insurance under a franchise group plan; to provide for definitions; to provide for conversion, portability, and continuation; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 628. By Representatives Hugley of the 113th, Gardner of the 42nd, Post 3, Childers of the 13th, Post 1, Hill of the 81st and Orrock of the 51st:
A BILL to amend Chapter 1A of Title 43 of the Official Code of Georgia Annotated, relating to occupational regulation legislation review, so as to change the provisions relating to occupational regulation legislation review; to provide for evaluation of businesses and professions; to change the composition of the Georgia Occupational Regulation Review Council; to change the provisions relating to referral of a bill to the council; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 663. By Representatives Massey of the 24th, Mills of the 67th, Post 2 and Coan of the 67th, Post 1:
A BILL to provide a new charter for the Town of Braselton; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 666. By Representative Lord of the 103rd:
A BILL to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to requirement of audits, so as to change the amount of annual expenditures of local governments requiring annual audits; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
HB 688. By Representatives Powell of the 23rd, Parham of the 94th, Skipper of the 116th and Westmoreland of the 86th:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Vehicle Protection Product Act"; to provide for a short title; to provide for definitions; to provide for scope and exemptions; to provide for registration and filing requirements of warrantors;

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to provide for financial responsibility; to provide for warranty reimbursement policy requirements; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

HB 719. By Representatives Jenkins of the 93rd, Porter of the 119th, Teper of the 42nd, Post 1, Hanner of the 133rd, Moraitakis of the 42nd, Post 4 and others:
A BILL to amend Code Section 40-2-76 of the Official Code of Georgia Annotated, relating to alternative fueled vehicle license plates, so as to add hybrid vehicles to the definition of alternative fueled vehicles; to amend Code Section 32-9-4 of the Official Code of Georgia Annotated, relating to designation of travel lanes and use of such lanes, so as to provide for the authorization of hybrid vehicles to use designated travel lanes; and for other purposes.
Referred to the Transportation Committee.

HB 722. By Representatives Jenkins of the 93rd, Orrock of the 51st, Bordeaux of the 125th, Ashe of the 42nd, Post 2, Willard of the 40th and others:
A BILL to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders and consent agreements, issuance, expiration, and enforcement, so as to change the duration of temporary protective orders; and for other purposes.
Referred to the Judiciary Committee.

HB 748. By Representatives Buck of the 112th, Smyre of the 111th, Buckner of the 109th, Royal of the 140th and Hugley of the 113th:
A BILL to amend Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to enterprise zones, so as to change certain provisions regarding definitions; to provide for additional qualifying businesses and services; and for other purposes.
Referred to the Finance Committee.

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HB 759. By Representatives White of the 3rd, Post 2, Williams of the 4th, Forster of the 3rd, Post 1 and Brock of the 5th:
A BILL to amend an Act providing a new charter for the City of Varnell, so as to change the corporate boundaries of said city; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 770. By Representatives Coleman of the 118th, Porter of the 119th, Fleming of the 79th, Smyre of the 111th, Skipper of the 116th and others:
A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to enact the "Georgia Indigent Defense Act"; to provide a short title; to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the legal defense of indigents, so as to provide for the repeal of the articles of said chapter at various times; to amend Code Section 21-2-502 of the Official Code of Georgia Annotated; to amend Title 35 of the Official Code of Georgia Annotated; to amend Code Section 36-23-1of the Official Code of Georgia Annotated; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated; and for other purposes.
Referred to the Judiciary Committee.
HB 771. By Representatives Porter of the 119th, Smyre of the 111th, Bordeaux of the 125th, Skipper of the 116th, Mobley of the 58th and others:
A BILL to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to change provisions relative to the appointment of members of the State Ethics Commission and provide additional eligibility requirements for appointed persons; to provide for the timely issuance of advisory opinions by the State Ethics Commission and other matters relative to advisory opinions; to change the provisions relating to technical defects and the time frame for correction of technical defects in financial disclosure statements; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees; and for other purposes.
Referred to the Ethics Committee.
HB 777. By Representatives Floyd of the 132nd, Shaw of the 143rd, Skipper of the 116th, Parrish of the 102nd, Porter of the 119th and others:
A BILL to amend Article 3 of Chapter 17 of Title 50 of the Official Code of

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Georgia Annotated, relating to state depositories, so as to provide for letters of credit issued by the Federal Home Loan Bank to be accepted to secure state funds on deposit in state depositories; and for other purposes.
Referred to the Banking and Financial Institutions Committee.
HB 780. By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from City of Lyons ad valorem taxes for municipal 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; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 782. By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from Toombs 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; to provide for definitions; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 783. By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from City of Vidalia independent school district ad valorem taxes for educational 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; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 784. By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from City of Vidalia ad valorem taxes for municipal 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; to provide for definitions; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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JOURNAL OF THE SENATE

HB 785. By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from City of Santa Claus ad valorem taxes for municipal 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; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 786. By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from Toombs County School District ad valorem taxes for educational 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; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 792. By Representatives Porter of the 119th and Buck of the 112th:
A BILL 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; and for other purposes.
Referred to the Insurance and Labor Committee.

HB 798. By Representatives Morris of the 120th, Lane of the 101st, Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, the "Vidalia Onion Act of 1986," so as to change certain provisions relating to definitions; to change certain provisions relating to rules and regulations and enforcement of said article; to change certain provisions relating to marketing season opening date; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.

TUESDAY, APRIL 8, 2003

1625

HB 801. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to provide that future elections for the office of chief magistrate of Effingham County shall be nonpartisan elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 830. By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend an Act providing for election of members of the board of education of Tattnall County, so as to change certain district descriptions for purposes of electing members of the board; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 831. By Representatives Murphy of the 14th, Post 2, Knox of the 14th, Post 1, Hill of the 16th, Rogers of the 15th, Franklin of the 17th and others:
A BILL to amend an Act entitled "An Act to provide a new charter for the City of Ball Ground," so as to remove the limitation on the number of terms a person may serve as mayor; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 832. By Representatives Buckner of the 82nd, Beasley-Teague of the 48th, Post 2, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Mosby of the 59th, Post 3 and others:
A BILL to establish the "Clayton County Commission on Children and Youth"; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 835. By Representative Hudson of the 95th:
A BILL to amend an Act reconstituting the Board of Education of Warren County, so as to provide for the election of members of the board in nonpartisan elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

1626

JOURNAL OF THE SENATE

HB 837. By Representatives Ehrhart of the 28th, Manning of the 32nd, Wilkinson of the 41st, Hines of the 35th, Cooper of the 30th and others:
A BILL to amend an Act creating the Board of Commissioners of Cobb County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 839. By Representative Hill of the 147th:
A BILL to create the St. Mary's Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for St. Mary's, Georgia; to provide for creation and organization; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 840. By Representatives Benfield of the 56th, Post 1, Mobley of the 58th, Oliver of the 56th, Post 2, Henson of the 55th and Drenner of the 57th:
A BILL to authorize the City of Avondale Estates to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as amended; to provide for a referendum; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 841. By Representatives Crawford of the 91st and Ray of the 108th:
A BILL to create a board of elections and registration for Upson County and provide for its powers and duties; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

TUESDAY, APRIL 8, 2003

1627

HB 842. By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend an Act creating the board of commissioners of Tattnall County, so as to change certain district descriptions for purposes of electing members of the board; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 847. By Representatives Birdsong of the 104th, Parham of the 94th, Jenkins of the 93rd and Lucas of the 105th:
A BILL to amend an Act creating a Board of Education of Jones County, so as to change the description of the districts from which members of such board are elected; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 849. By Representative Lane of the 101st:
A BILL to provide that future elections for the office of probate judge of Screven 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 850. By Representative Skipper of the 116th:
A BILL to create a board of elections and registration for Marion County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 853. By Representative Jamieson of the 22nd:
A BILL to amend an Act providing for a homestead exemption from certain Banks County ad valorem taxes for county purposes for certain residents of that county who are senior citizens or disabled, so as to increase the amount of such exemption; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

1628

JOURNAL OF THE SENATE

HB 854. By Representative Jamieson of the 22nd:
A BILL to amend and supersede the laws pertaining to the governing authority of Banks County; to provide for a Board of Commissioners of Banks County; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 861. By Representative Roberts of the 131st:
A BILL to provide a new charter for the City of Abbeville; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HR 228. By Representatives Heckstall of the 48th, Post 3, Jackson of the 124th, Post 1, Holmes of the 48th, Post 1, Roberts of the 135th, Sailor of the 61st, Post 1 and others:
A RESOLUTION strongly urging the Governor's Office of Consumer Affairs to address with the public the health dangers of certain cosmetic coverings of the teeth and to encourage efforts to remove those unscrupulous and unlicensed providers of such coverings; and for other purposes.
Referred to the Health and Human Services Committee.

HR 263. By Representatives Bannister of the 70th, Post 1, Smith of the 13th, Post 2, Ralston of the 6th, Williams of the 4th and Maddox of the 59th, Post 2:
A RESOLUTION creating the Subsequent Injury Trust Fund Joint Study Committee; and for other purposes.
Referred to the Rules Committee.

HR 357. By Representatives McCall of the 78th, Purcell of the 122nd, Ray of the 108th and Roberts of the 131st:
A RESOLUTION recognizing America's search and rescue dogs, commending their handlers and related organizations, and authorizing and directing the

TUESDAY, APRIL 8, 2003

1629

erection of a monument in honor thereof at the southwest corner of the Department of Agriculture building across from Capitol Square; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
HR 397. By Representative Maddox of the 59th, Post 2:
A RESOLUTION creating the Joint MARTA Finance Study Committee; and for other purposes.
Referred to the Rules Committee.
HR 406. By Representatives Ray of the 108th and James of the 114th:
A RESOLUTION designating that overpass between Commercial Heights and SR 96 East in the City of Fort Valley which connects U.S. 341 and SR 96 East as the Gamaliel Hilson Memorial Overpass; and for other purposes.
Referred to the Transportation Committee.
The following legislation was read the second time:
HB 551
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 The Honorable Jimmy Carter, former President of the United States and Nobel Laureate, was called to order by the President of the Senate. HR 545 authorizing the Joint Session of the Senate and House was read by the Clerk of the House.
The Honorable Jimmy Carter, addressed the Joint Session of the Senate and the House of Representatives extemporaneously.
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.
At 11:00 a.m., the President called the Senate to order.

1630

JOURNAL OF THE SENATE

Senator Brown of the 26th asked unanimous consent that Senator Thomas of the 2nd be excused. The consent was granted, and Senator Thomas was excused.

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 Brush of the 24th asked unanimous consent that Senator Collins of the 6th be excused. The consent was granted, and Senator Collins was excused.

Senator Starr of the 44th asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused.

Senator Mullis of the 53rd asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.

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

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

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

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

Those not answering were Senators:

Blitch Golden (Excused) Johnson Smith, P. (Excused)

Collins (Excused) Hill Kemp, R. Tanksley

Dean Hooks Seay (Excused) Thomas, R. (Excused)

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

TUESDAY, APRIL 8, 2003

1631

The members pledged allegiance to the flag.
Senator Starr of the 44th introduced the chaplain of the day, Reverend Arthur Powell of Morrow, Georgia, who offered scripture reading and prayer.
Senator Balfour of the 9th introduced the doctor of the day, Dr. Jay Desal.
Senator Henson of the 41st introduced members of the Alpha Kappa Alpha Sorority, commended by SR 201, adopted previously.
The following resolutions were read and adopted:
SR 361. By Senators Williams of the 19th, Crotts of the 17th, Tolleson of the 18th and Blitch of the 7th:
A RESOLUTION to recognize May 1, 2003, as Loyalty Day; and for other purposes.
SR 362. By Senators Butler of the 55th, Stokes of the 43rd, Smith of the 25th, Thomas of the 2nd, Thomas of the 10th and others:
A RESOLUTION recognizing Equal Pay Day; and for other purposes.
SR 363. By Senator Stephens of the 51st:
A RESOLUTION congratulating and commending Samantha Chastain; and for other purposes.
SR 364. By Senator Stephens of the 51st:
A RESOLUTION commending Cindy Crews; and for other purposes.
SR 365. By Senator Dean of the 31st:
A RESOLUTION commending Tallatoona Community Action Partnership, Inc.; and for other purposes.
SR 366. By Senator Kemp of the 46th:
A RESOLUTION honoring the memory of John E. "Buck" Griffin, Jr., and expressing regret at his passing; and for other purposes.

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SR 367. By Senators Stokes of the 43rd, Price of the 56th, Cagle of the 49th, Brown of the 26th, Tolleson of the 18th and others:
A RESOLUTION expressing deep regret at the loss of Jamaal Addison and honoring the memory of this heroic soldier; and for other purposes.
SR 368. By Senators Stokes of the 43rd, Crotts of the 17th, Price of the 56th, Brown of the 26th, Starr of the 44th and others:
A RESOLUTION expressing regret at the loss of Private First Class Diego Rincon; and for other purposes.
SR 369. By Senator Bulloch of the 11th:
A RESOLUTION commending the Early County High School Lady Cats basketball team; and for other purposes.
SR 370. By Senator Bulloch of the 11th:
A RESOLUTION commending Potter Street Elementary School; and for other purposes.
SR 371. By Senator Harbison of the 15th:
A RESOLUTION honoring Charlie Mae Banks; and for other purposes.
SR 372. By Senators Harbison of the 15th and Harp of the 16th:
A RESOLUTION commending James K. Davis; and for other purposes.
SR 373. By Senators Unterman of the 45th, Moody of the 27th, Shafer of the 48th and Jackson of the 50th:
A RESOLUTION expressing regret at the passing of Mr. Cecil McClure; and for other purposes.
SR 374. By Senator Balfour of the 9th:
A RESOLUTION commending the Parkview High School Lady Panthers basketball team; and for other purposes.

TUESDAY, APRIL 8, 2003

1633

SR 378. By Senators Zamarripa of the 36th, Gillis of the 20th, Starr of the 44th, Tolleson of the 18th, Brush of the 24th and others:

A RESOLUTION expressing regret at the loss of Private First Class Diego Rincon; and for other purposes.

Senator Zamarripa of the 36th introduced Columbia Consul General Guillermo Sallah Zuleta, commended by SR 378.

The following legislation, favorably reported by the committee, as listed on the General Consent Calendar for Commemorative Resolutions, was put upon its adoption.

GENERAL CONSENT CALENDAR FOR
COMMEMORATIVE RESOLUTIONS TUESDAY, APRIL 08, 2003
THIRTY-THIRD LEGISLATIVE DAY

SR 150

Designate; Dan and Marie Branch Highway; Meriwether County (TRANS-29th)

SR 171

Designate; Dixie Highway Auto Trail; certain NW Georgia and northern metro Atlanta roads (Substitute)(TRANS-37th)

SR 184

Designate; Burke (County) Veterans Parkway to honor military veterans (TRANS-23rd)

SR 229

Designate; Charles F. Hatcher Highway; Baker County (TRANS-12th)

SR 23

Designate; Dean Bryant Intersection; Lumpkin County (TRANS-50th)

SR 6

Designate; Earl T. Shinholster Interchange and Bridge

(Substitute)(TRANS-2nd)

SR 60

Designate; William Ira (W.I.) Still, Jr. Highway; Gwinnett County (TRANS-45th)

SR 66

Designate; William S. Hutchings Bridge; Bibb County (TRANS-26th)

SR 67

Designate; Thelma 'T-Lady' Ross Bridge; Bibb County (TRANS-26th)

SR 69

Designate; Dan J. DeLoach Highway; Echols County (TRANS-7th)

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JOURNAL OF THE SENATE

SR 90

Designate; Byrd M. Bruce Interchange; Jefferson (TRANS-49th)

The substitutes to the following resolutions were put upon their adoption:

*SR 171:

The Senate Transportation Committee offered the following substitute to SR 171:

A RESOLUTION

Designating the historic Dixie Highway; and for other purposes.

WHEREAS, the State of Georgia contains countless historical sites and geographical regions which are rich in educational and recreational features; and

WHEREAS, regions in rural northwest Georgia and northern metro Atlanta may contain many features which reach back to Georgias diverse and fascinating heritage, including the unique architecture and development along this historic highway; and

WHEREAS, it is important in preserving representations of this past, and in promoting future financial well-being and growth, that these sites and regions be identified, marketed, promoted, and managed; and

WHEREAS, the designation of the Dixie Highway is a vital and appropriate beginning to this process.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the following public roads and highways are designated as the Dixie Highway:
1-75 (south) to the Ringgold exit; then Ga. 2 (east) to U.S. 41 south; then The Second Old Chattanooga Rd/Thornton Ave. in Dalton; then Back on U.S. 41 (south) to Cassville Rd. in Cartersville; then Cross U.S. 41 to Ga. 293 (south); then Ga. 293 becomes Old Highway 41 to Kennesaw Ave.; then Kennesaw Ave. to Ga. 5 (south) and the trail ends in Marietta on Mill Street.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to work with the affected county and municipal governing authorities and the Dixie Highway Association in efforts to promote the Dixie Highway with the placement and maintenance of appropriate markers along the roadway through funds provided by private and public organizations, county or municipal funds, funds of the Department of Transportation or any combination thereof.

TUESDAY, APRIL 8, 2003

1635

BE IT FURTHER RESOLVED that the placement of markers will be at the location and under the direction of the Department of Transportation with appropriate input from the appropriate county and municipal governing authority and the Dixie Highway Association.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation.
On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.
The substitute to the following resolution was put upon its adoption:
*SR 6:
The Senate Transportation Committee offered the following substitute to SR 6:
A RESOLUTION
Designating the Earl T. Shinhoster Interchange and Bridge; and for other purposes.
WHEREAS, Earl T. Shinhoster was a dynamic leader and active participant in civic affairs in his community and the State of Georgia; and
WHEREAS, this tolerant and soft-spoken leader devoted his time to noble and worthy causes, serving as regional director of the NAACP in Atlanta and later as interim head of the national organization; and
WHEREAS, his dedication and service in civic affairs continued through his service as the chair of the Georgia state delegation to the National Summit on Africa; and
WHEREAS, Earl T. Shinhoster was a lifelong champion of civil rights and voter empowerment who believed in freedom, justice, and equality for all citizens; and
WHEREAS, it is only fitting and proper that the State of Georgia pay tribute to this exceptional leader.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Interstate 16 interchange, Exit 167, at Martin Luther King, Jr., Boulevard including the bridge over Martin Luther King, Jr., Boulevard is designated the Earl T. Shinhoster Interchange and Bridge, and the Department of Transportation is

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JOURNAL OF THE SENATE

authorized and directed to erect and maintain signs so designating the interchange and bridge.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Shinhoster family and to the Department of Transportation.

On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.

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

On the passage of the legislation on the General Consent Calendar for Commemorative Resolutions, a roll call was taken, and the vote was as follows:

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

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

E Seay Y Shafer Y Smith,F E 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
Williams Y Zamarripa

On the passage of the legislation, the yeas were 44, nays 0.

The legislation on the General Consent Calendar for Commemorative Resolutions, except SR 171 and SR 6, having received the requisite constitutional majority, was adopted.

SR 171 and SR 6, having received the requisite constitutional majority, were adopted by substitute.

SB 236 SR 276 SB 294 SB 193 SB 159 SR 107 SB 211 SR 311 SB 330 SB 347 SB 210 SB 301 SB 349

TUESDAY, APRIL 8, 2003

1637

SENATE RULES CALENDAR TUESDAY, APRIL 8, 2003
THIRTY-THIRD LEGISLATIVE DAY
Juvenile Proceedings; placement of child following termination order; additional placement options (Substitute)(C&Y-16th)
Electric transmission system; urge not adopt proposed standard market design rules (RI&Util-9th)
Public school systems; purchasing contracts and bid price regulations; electronic means (Amendment)(ED-28th)
Teachers; contracts; procedures for terminating or suspending; hearing panel (Amendments)(ED-27th)
State employee's retirement options; early retirement incentives (RET-36th)
Joint Study Committee on State Retirement Plan Options; create (Amendment)(RET-36th)
Business corporations; mergers or share exchange; notice and contents; shareholders' rights (S JUDY-42nd)
CA: Ad Valorem Taxes; freeze existing residential property values until sold; appraise at fair market value (RULES-1st)
BROC; Budget Responsibility Oversight Committee; members; appointment and time of service (RULES-56th)
Homestead property; levy, sale; reciprocal exemption; resident judgment debtor; creditor resident in another state (S JUDY-12th)
Students in home study programs; extracurricular programs in public schools; requirements (Substitute)(ED-17th)
License plates; special; parents of persons with disabilities (Amendment)(PS&HS-40th)
Identity Fraud; violations; law enforcement investigations; consumer victims damages (RULES-29th)

1638 SB 277 SB 280 SB 329 SB 291 SB 136 SR 234 SB 333 SB 336 SB 175 SR 240 SB 346 SR 225 SR 55 SB 283 SR 308

JOURNAL OF THE SENATE
Ad valorem taxes; conservation use covenant; renewal period (S JUDY-3rd)
Vehicle liability insurance; cancellation by active duty military personnel on foreign assignment (Substitute)(I&L-3rd)
Health Care Services; Spending Account and Consumer Driven Health Plan Advancement Act (I&L-28th)
Property; historic grants funding; combat veterans' gravesites (ED&T-4th)
MARTA; reserve funds; use of interest income for operating costs (Amendment)(SLGO(G)-55th)
Unemployment Insurance Trust Fund; Joint Study Committee; create (I&L-21st)
Vaccination program for emergency responders exposed to infectious diseases; contingent upon bioterrorism funding (H&HS-54th)
Tort Immunity; federal smallpox vaccination program; hospitals, health care providers (H&HS-54th)
Criminal Procedure; discovery in felony cases; oral scientific reports; sentence hearings (Substitute)(JUDY-30th)
Savannah River; urge bilateral port commission; GA/SC interstate compact (I COOP-37th)
Teen dating violence; prevention education program (Amendment) (ED-6th)
China; ' The Georgia China Future'; public-private initiative to increase trade (Amendment)(ED&T-36th)
Prescription Drugs for Seniors, Joint Study Committee; create (H&HS-18th)
License plates; special; "Share the Road" message (PS&HS-42nd)
Electric Transmission Lines, Joint Study Committee on Location of; create (Amendment)(RULES-45th)

SB 281 SR 1 SB 292 SB 345 SB 265 SB 344 SB 262 SR 220 SB 234 SB 244 SB 266 SB 317 SB 293 SB 264

TUESDAY, APRIL 8, 2003

1639

Children; prohibit the sale or offer for sale of a child by parent or guardian (S JUDY-3rd)
CA: Use of public money for public health or social services by religious or sectarian organizations (Substitute)(JUDY-16th)
Law enforcement agencies; emergency response; vehicular pursuit policies (SLGO(G)-28th)
State Fire Marshal and Staff; investigatory powers; arrests; search warrants (PS&HS-53rd)
Emergency Medical; automated external defibrillators; registration requirement (H&HS-10th)
State employees; consumer driven health plan option (CDHP) (Amendment)(I&L-36th)
Drivers' Licenses; applications; use of military identification card (Amendment)(PS&HS-16th)
Improvement of the HOPE Scholarship Joint Study Commission; create (H ED-30th)
Gwinnett Judicial Circuit; new judgeship; term beginning 1/1/04 (JUDY-48th)
HOPE Scholarships; part-time students; residency; change private colleges grant amount (Substitute)(H ED-37th)
College Students; vaccination against meningococcal meningitis (H&HS-12th)
Deer Hunting; closed and open seasons; bag limits and antler restrictions (NR&E-11th)
Protection of the Victims of Domestic Violence Act; change the duration of temporary protective orders (JUDY-30th)
Community living arrangements or drug abuse treatment facilities; licensure; violations (H&HS-43rd)

1640 SB 312 SB 313 SB 342 SB 338 SB 348 SR 265 SB 357 SB 282 SB 138 SR 281 SR 232 SR 266 SR 226 SR 35

JOURNAL OF THE SENATE
Graffiti; criminal damage to property; programs for compensating owners, innocent victims (SLGO(G)-5th)
Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property (SLGO(G)-5th)
Local Government or Boards of Education; contracts; bid opportunity advertisements; GA Procurement Registry (SLGO(G)-45th)
Ethics; distribution of campaign contributions; ordinary and necessary expenses (ETHICS-4th)
Tire scrap disposal and storage; county/municipality enforce ordinance (Amendment)(NR&E-55th)
Estrada, Miquel A.; urge his confirmation as judge on U.S. Court of Appeals (RULES-48th)
Motor Vehicles; used parts dealers' registration; redefine rebuilder (Substitute)(PS&HS-47th)
Health insurance; state employees no longer covered by federal insurance plan (I&L-23rd)
Motorcycle operators and riders; protective headgear devices (Amendment)(TRANS-24th)
Children and Youth Welfare Services, Improvement Plans; study committee on (C&Y-6th)
Missile Defense System; declare support (V&MA-16th)
Human Cloning Prohibition Act; urge passage by U.S. Senate (RULES-48th)
Congressional Delegation; urge pass President Bush's 2003 Economic Growth and Tax Relief Plan (RULES-52nd)
Blue Ribbon Commission on Response, Investigation, Prosecution of Sexual Assault Offenses (Amendment)(S JUDY-10th)

TUESDAY, APRIL 8, 2003

1641

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 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.
The Senate Children and Youth Committee offered the following substitute to SB 236:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking paragraph (5) of Code Section 15-11-2, relating to definitions, and inserting in its place the following:
"(5) 'Custodian' means: (A) A person a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of a court, and who has the rights and duties provided in Code Section 1511-13.; or (B) A public or private agency or other private organization licensed or otherwise authorized by law to receive and provide care for a child to which legal custody of the child has been given by order of a court."

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JOURNAL OF THE SENATE

SECTION 2. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 15-11-55, relating to disposition of deprived child, and inserting in its place the following:
"(2) Subject to conditions and limitations as the court prescribes, transfer temporary legal custody to any of the persons or entities described in this paragraph. Without limiting the generality of the foregoing, such conditions and limitations shall include a provision that the court shall approve or direct the retransfer of the physical custody of the child back to the parents, guardian, or other custodian either upon the occurrence of specified circumstances or in the discretion of the court. Any such retransfer of physical custody may be made subject to such further conditions and limitations as the court prescribes, including supervision for the protection of the child. The persons or entities to whom or which temporary legal custody may be transferred shall include the following:
(A) Any individual including a putative father who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child; (B) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child; (C) Any public agency authorized by law to receive and provide care for the child; or (D) An individual in another state with or without supervision by an appropriate officer under Code Section 15-11-89; or. Except for dispositions pursuant to paragraph (1) of subsection (a) of Code Section 15-11-66 and Code Section 15-11-67, before transferring temporary legal custody in an order of disposition under this paragraph a reasonably diligent search for a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child shall be conducted by the court and the Department of Human Resources. Such search shall be completed within 90 days from the date on which the child was removed from the home. During such 90 day period, the child may be placed in the temporary legal custody of the Department of Human Resources or any other appropriate entity or person; or"
SECTION 3. Said chapter is further amended by striking subsections (b), (d), (i), (k), (l), and (o) of Code Section 15-11-58, relating to reunification efforts, and inserting in their place new subsections (b), (d), (i), (k), (l), and (o), respectively, to read as follows:
"(b) Within 30 days of the date a child who is placed in the custody of the Department of Human Resources is removed from the home and at each subsequent review of the disposition order, the Division of Family and Children Services of the Department of Human Resources must submit a written report to the court which shall either include a case plan for a reunification of the family or include a statement of the factual basis or bases for determining that a plan for reunification is not appropriate. Such report shall

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become a discrete part of the case record in a format determined by the Division of Family and Children Services of the Department of Human Resources and shall be made available to the parents or guardian of the foster child. The contents of the report shall be determined at a meeting to be held by the Division of Family and Children Services of the Department of Human Resources in consultation with the judicial citizen review panel, if one is designated by the court for such purpose, and the parents and children, when available. The parents shall be given written notice of the meeting at least five days in advance and shall be advised that the report will be submitted to become an order of the court for consideration to become an order of the court. The report submitted to the court shall also contain any dissenting recommendations of the judicial citizen review panel, if applicable, and any recommendations of the parents, if such are available." "(d) If the submitted report contains a proposed plan for reunification services, and no hearing is requested as provided in this Code section, the court shall enter a dispositional order or supplemental order incorporating all elements of the plan for reunification services which the court finds essential to reunification of the child with his or her family, specifying what must be accomplished by all parties before reunification of the family can be achieved. If the report contains a plan for reunification services, a copy of the report must be transmitted to the parents at the same time the report is transmitted to the court, along with written notice that the report will be made the order of considered by the court without a hearing unless, within five days from the date the copy of the report was received, the parents request a hearing before the court to review the report. The Division of Family and Children Services of the Department of Human Resources shall provide the custodian of the child, the foster parents of the child, and any preadoptive parents or relatives providing care for the child with a copy of those portions of the court approved plan that involve the permanency goal and the services to be provided to the child. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the courts order are applicable to proceedings under this subsection."
"(i)(1) If, after a judicial hearing in which the court finds that reunification is not in the best interests of the child and custody is granted to a relative, the custody order shall remain in effect until the childs eighteenth birthday unless modified following a petition for modification by a party pursuant to Code Section 15-11-40. Within 36 months of the custody order and every 36 months thereafter, a probation officer, judicial citizen review panel established by the court, or other person or agency designated by the court shall, after study or review, submit a report to the court addressing whether the relative with custody continues to be qualified to receive and care for the child. A copy of the report shall be mailed to the parents at their last known address. If the court has entered an order finding that reasonable efforts to reunify a child with his or her family would be detrimental to the child in accordance with subsection (h) of this Code section and if the court finds that referral for

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termination of parental rights and adoption is not in the best interest of the child, the court may, upon proper petition, enter a custody order which shall remain in effect until the childs eighteenth birthday:
(A) Placing the child in the custody of a relative of the child if such a person is willing and, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child; (B) Placing the child in the custody of any nonrelative individual who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child; (C) Placing the child in the custody of a suitable individual custodian in another state pursuant to the provisions of Code Section 15-11-89; or (D) In the case where the court has found a compelling reason that a placement pursuant to subparagraph (A), (B), or (C) of this paragraph is not in the childs best interest, placing the child in the custody of an agency or organization licensed or otherwise authorized by law to receive and provide care for the child which is operated in a manner that provides such care, guidance, and control as would be provided in a family home as defined in the courts order. Such order may be modified following a petition for modification by a party or upon motion of the court pursuant to Code Section 15-11-40. (2) A probation officer, judicial citizen review panel established by the court, or other person or agency designated by the court shall, after study or review, submit a report to the court addressing whether the custodian to whom custody of a child has been given pursuant to this Code section continues to be qualified to receive and care for the child within: (A) Thirty-six months of an order placing a child in the custody of a relative pursuant to subparagraph (A) of paragraph (1) of this subsection and every 36 months thereafter; or (B) Twelve months of an order placing a child in the custody of a nonrelative, an out-of-state custodian, or an agency or organization licensed or otherwise authorized by law to receive and provide care for the child pursuant to subparagraph (B), (C), or (D) of paragraph (1) of this subsection and every 12 months thereafter. (3) Whenever a child is placed in the custody of an agency or organization licensed or otherwise authorized by law to receive and provide care for the child pursuant to subparagraph (D) of paragraph (1) of this subsection, such agency or organization shall be charged with the responsibility of notifying the court within ten days in the event its license is placed on probation, suspended, revoked, or surrendered and, in such event, the court shall conduct a judicial review within ten days of such notification to determine whether another placement should be made for the child." "(k) Except as otherwise provided by law, an order of disposition placing a deprived child in foster care under the supervision of the Division of Family and Children Services of the Department of Human Resources shall continue in force for 12 months after the date the child is considered to have entered foster care or until sooner

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terminated by the court. For the purposes of this Code section, the date the child is considered to have entered foster care shall be the date of the first judicial finding that the child has been subjected to child abuse or neglect, or the date that is 60 days after the date on which the child is removed from the home, whichever is earlier. All cases of children in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources shall be initially reviewed within 90 days of the entering of the dispositional order but no later than six months following the childs placement and shall be conducted by the juvenile court judge, by an associate juvenile court judge or judge pro tempore, or by judicial citizen review panels established by the court, as the court directs, meeting such standards and using such procedures as shall be established by court rule by the Supreme Court of Georgia, with the advice and consent of the Council of Juvenile Court Judges. At the time of each review of every case of a child in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources, a representative of the Division of Family and Children Services shall notify the court whether such division intends to proceed with the termination of parental rights at that time. If such division indicates that it does not intend to petition for the termination of parental rights at that time, the court may appoint a guardian ad litem and charge such guardian with the duty of determining whether termination proceedings should be commenced. In the event the review is conducted by judicial citizen review panels, the panel shall transmit its report, including its findings and recommendations and those of such division, along with such divisions proposed revised plan for reunification or other permanency plan, if necessary, to the court and the parents within five days after the review. Any party may request a hearing on the proposed revised plan in writing within five days after receiving a copy of such plan. The Division of Family and Children Services of the Department of Human Resources shall provide the custodian of the child, the foster parents of the child, and any preadoptive parents or relatives providing care for the child with a copy of those portions of the report of the judicial citizen review panel that involve the recommended permanency goal and the recommended services to be provided to the child. Following such initial review, additional periodic reviews shall be held at sixmonth intervals. The foster parents, if any, of a child and any preadoptive parent or relative providing care for the child shall be provided with notice of and an opportunity to be heard in any review or hearing to be held with respect to the child, except that this provision shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a review or hearing solely on the basis of such notice and opportunity to be heard. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the courts order are applicable to proceedings under this subsection. (l) If no hearing is requested or scheduled by the court on its own motion, the court shall review the proposed revised plan and enter a supplemental order incorporating a revised plan as part of its disposition in the case. In the event that a hearing is held, the court shall, after hearing evidence, enter a supplemental order incorporating all

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elements that the court finds essential in the proposed revised plan. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the courts order are applicable to proceedings under this subsection. The judges supplemental order shall be entered within a reasonable time from the conclusion of the hearing or expiration of the time for the hearing to be requested and shall also provide one of the following:
(1) That the child return to the home of his or her parents, legal guardian, or custodian with or without court imposed conditions; (2) That the child continue in the current custodial placement and that the current placement is appropriate for the childs needs; or (3) That the child continue in the current custodial placement but that the current placement plan is no longer appropriate for the childs needs and direct the department to devise another plan within available resources. The new plan must be submitted within ten days for court approval. Copies of any court approved revised plan shall be furnished to all parties. The Division of Family and Children Services of the Department of Human Resources shall provide the custodian of the child, the foster parents of the child, and any preadoptive parents or relatives providing care for the child with a copy of those portions of the court approved revised plan that involve the permanency goal and the services to be provided to the child. In the event that the judicial citizen review panel determines that the parents have unjustifiably failed to comply with the ordered plan designed to reunite the family and that such failure is significant enough to warrant consideration of termination of parental rights, the panel may make a recommendation to the guardian ad litem of the child, the Division of Family and Children Services of the Department of Human Resources, and the intake officer of the court that a petition for termination of parental rights should be prepared. Any such party or officer of the court shall file a petition if, upon examination, they find sufficient evidence. In the event that no guardian ad litem has been appointed when the judicial citizen review panel recommends that a petition to terminate parental rights be filed, the court shall have the authority to appoint a guardian ad litem who shall have the duty to determine whether termination proceedings should be commenced." "(o)(1) With respect to each child in the custody of the Department of Human Resources, a permanency hearing shall be held no later than 30 days after the Division of Family and Children Services of the Department of Human Resources has submitted a written report to the court which does not contain a plan for reunification services as provided in subsection (j) of this Code section, or no later than 12 months after the child is considered to have entered foster care, whichever comes first. Thereafter, a permanency hearing shall be held not less frequently than every 12 months during the time the child continues in the custody of the Department of Human Resources. A permanency hearing may be held by the court at the time of the hearing on a motion to extend custody permitted by subsection (n) of this Code section. The provisions of subsection (p) of this Code section concerning notice,

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opportunity to be heard, authority of the court, and content of the courts order are applicable to proceedings under this paragraph. (1)(2) At the time of the permanency hearing, the Division of Family and Children Services of the Department of Human Resources shall submit for the courts consideration a report recommending a permanency plan for the child which shall include whether and, if applicable, when the child shall be returned to the parent or parents; referred for termination of parental rights and adoption; referred for legal guardianship; placed permanently with a fit and willing relative; or, in the case where the division has provided a compelling reason that one none of the foregoing options would not be in the best interest of the child, placed in another planned permanent living arrangement. The report shall include documentation of the steps to be taken by the Division of Family and Children Services of the Department of Human Resources to finalize the permanent placement of the child. When the permanency plan recommended is referral for termination of parental rights and adoption, such report shall include child specific recruitment efforts such as the use of state, regional, and national adoption exchanges, including electronic exchange systems. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the courts order are applicable to proceedings under this paragraph. (2)(3) The permanency hearing may be conducted as the court directs by the juvenile court judge or by an associate juvenile court judge or judge pro tempore. The court may also direct that the permanency hearing be conducted by a judicial citizen review panel established by the court in the manner provided in subsection (k) of this Code section, unless the permanency hearing is one required under subsection (j) of this Code section as a result of a recommendation that reunification services are not appropriate. The judicial citizen review panel may conduct its hearing in the same manner as it conducts a case review under subsection (k) of this Code section. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the courts order are applicable to proceedings under this paragraph.
(A) In the event that the permanency hearing is conducted by a judicial citizen review panel, the The panel shall transmit its report, including its findings and recommendations and those of the Division of Family and Children Services, to the court and the parties within five days after such hearing. The report of the judicial citizen review panel shall include all the elements required in paragraphs (4) (5) and (5) (6) of this subsection. Any party may request a hearing on the proposed permanency plan by submitting a request in writing within five days of receiving a copy of such plan. If a hearing is not requested, the court shall review the proposed permanency plan and enter a supplemental order incorporating all elements required by paragraphs (4) (5) and (5) (6) of this subsection that the court finds essential in the proposed permanency plan. In the event a hearing before the court is requested on the report transmitted by the judicial citizen review panel, the court shall, after

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hearing evidence, enter a supplemental order incorporating all the elements required in paragraphs (4) (5) and (5) (6) of this subsection. (B) If a permanency hearing is held before the court, the court shall, after hearing evidence, enter a supplemental order incorporating all elements of the proposed permanency plan required by paragraphs (4) (5) and (5) (6) of this subsection that the court finds essential in the proposed permanency plan. (3)(4) The parents, the custodian of the child, the foster parents of the child, any preadoptive parent or relative providing care for the child, and other parties shall be given written notice of a permanency hearing at least five days in advance and shall be advised that the permanency plan recommended by the Division of Family and Children Services of the Department of Human Resources will be submitted to become an order of the court for consideration to become an order of the court. Procedural safeguards shall be applied with respect to parental rights pertaining to the removal of the child from the home of his or her parents, to a change in the childs placement, and to any determination affecting visitation privileges of parents. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the courts order are applicable to proceedings under this paragraph. In addition, the foster parents, if any, of a child and any preadoptive parent or relative providing care for the child shall receive written notice of the permanency hearing at least five days in advance and shall be given an opportunity to be heard; provided, however, that this provision shall not be construed to require a foster parent, preadoptive parent, or relative caring for the child to be made a party to the hearing solely on the basis of such notice and opportunity to be heard. (4)(5) The permanency plan incorporated in the courts order shall include whether and, if applicable, when the child shall be returned to the parent or parents, referred for termination of parental rights and adoption, referred for legal guardianship, or placed permanently with a fit and willing relative. If the court finds that there is a compelling reason that it would not be in the childs best interests to be returned to the parent or parents, referred for termination of parental rights and adoption, referred for legal guardianship, or placed permanently with a fit and willing relative, then the courts order shall document the compelling reason and provide that the child should be placed in another planned permanent living arrangement as defined in the courts order. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the courts order are applicable to proceedings under this paragraph. (5)(6) The court or judicial citizen review panel which conducts the permanency hearing shall determine, as a finding of fact, whether the Division of Family and Children Services of the Department of Human Resources has made reasonable efforts to finalize the permanency plan which is in effect at the time of the hearing. Further, the court or the judicial citizen review panel, if applicable, shall determine as a finding of fact whether, in the case of a child placed out of the state, the out-of-state placement continues to be appropriate and in the best interest of the child and, in the

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case of a child who has attained the age of 14, shall determine the services needed to assist the child to make a transition from foster care to independent living. Such findings of fact shall be made a part of the report of the judicial citizen review panel to the court and any supplemental order entered by the court. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the courts order are applicable to proceedings under this paragraph. (6)(7) A supplemental order of the court adopting the permanency plan must be entered within 30 days after the court has determined that reunification efforts will not be made by the Division of Family and Children Services of the Department of Human Resources, if applicable, or within 12 months after the child is considered to have entered foster care, whichever is first, and at least every 12 months thereafter while the child is in foster care, unless the court finds good cause why such order cannot be entered by that time."
SECTION 4. Said chapter is further amended by adding a new subsection (p) to Code Section 15-1158, relating to reunification efforts, to read as follows:
"(p) In advance of each review or hearing to be held with respect to a child pursuant to this Code section, the court shall provide written notice or shall direct that a party shall provide written notice of such review or hearing, including their right to be heard at such review or hearing, to the custodian of the child, to the foster parents of the child, and to any preadoptive parents or relatives providing care for the child, consistent with the form and timing of notice to parties; provided, however, that this provision shall not be construed to require a custodian, foster parent, preadoptive parent, or relative caring for the child to be made a party to the hearing solely on the basis of such notice and opportunity to be heard. At each such hearing the court in its discretion, based upon the evidence, may enter an order accepting or rejecting any report of the Division of Family and Children Services of the Department of Human Resources, ordering an additional evaluation, appointing a guardian ad litem, or undertaking such other review as it deems necessary and appropriate to determine the disposition that is in the childs best interest. The courts order may incorporate all or part of the report of the Division of Family and Children Services of the Department of Human Resources. In its order the court shall include findings of fact which reflect the courts consideration of the oral and written testimony offered by the parents, the custodian of the child, the foster parents of the child, any preadoptive parents or relatives providing care for the child who are required to be provided with notice and a right to be heard in any review or hearing to be held with respect to the child, and the Division of Family and Children Services of the Department of Human Resources. A disposition may be made under the terms of this Code section only if the court finds that such disposition is in the best interest of the child."

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SECTION 5. Said chapter is further amended by striking Code Section 15-11-103, relating to placement of child following termination order, and inserting in its place a new Code Section 15-11-103 to read as follows:
"15-11-103. (a)(1) If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall first attempt to place the child with a person related to the child by blood or marriage or with a member of the childs extended family if such a person is willing and, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child, if the court determines such placement is most appropriate for the child. A thorough search for a suitable family member shall be made by the court and the Department of Human Resources in attempting to effect this placement. A placement effected under this paragraph shall be conditioned upon the family member who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court. A placement shall be made under the terms of this paragraph only if such a placement is in the best interest of the child. (2) If no placement of the child is effected under paragraph (1) of this subsection, the court may make any of the following dispositions:commit the child to the custody of the Department of Human Resources or to a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption or, in the absence of an adoption, in a foster home, or, if the court determines such placement is most appropriate for the child. (3) If no placement of the child is effected under paragraph (1) or (2) of this subsection, the court may commit the child to a suitable individual on the condition that the person becomes the guardian of the person of the child pursuant to the courts authority under Code Section 15-11-30.1, if the court determines such placement is most appropriate for the child. (4) If no placement of the child is effected under paragraph (1), (2), or (3) of this subsection, the court may commit the child to the custody of the Department of Human Resources or to a licensed child-placing agency willing to accept custody for the purpose of placing the child in a foster home, if the court determines such placement is most appropriate for the child. (5) If no placement of the child is effected under paragraph (1), (2), (3), or (4) of this subsection, the court may commit the child to the custody of an agency or organization authorized by law to receive and provide care for children which is operated in a manner that provides such care, guidance, and control as would be provided in a family home as defined in the courts order, if the court determines that such placement is most appropriate for the child. (6) If no placement of the child is effected under paragraph (1), (2), (3), (4), or (5) of this subsection, the court may take other suitable measures for the care and welfare of the child.

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(b) A placement may be made under the terms of this Code section only if the court finds that such placement is in the best interest of the child. (b)(c) The court shall transmit a copy of every final order terminating the parental rights of a parent to the Division of Family and Children Services Adoption Unit Office of Adoptions of the Department of Human Resources within 15 days of the filing of such order. (c)(d) The custodian has authority to consent to the adoption of the child, the childs marriage, the childs enlistment in the armed forces of the United States, and surgical and other medical treatment for the child. (d)(e) If Except in those cases where the child was placed pursuant to paragraph (3) or (5) of subsection (a) of this Code section, if a petition seeking the adoption of the child is not filed within one year after the date of the disposition order, the court shall then, and at least yearly thereafter as long as the child remains unadopted, review the circumstances of the child to determine what efforts have been made to assure that the child will be adopted. The court may then enter such orders as it deems necessary to further the adoption, including but not limited to another placement. In those cases where the child was placed with a guardian of the childs person pursuant to paragraph (3) of subsection (a) of this Code section, the guardian shall report to the court in the same manner and at the same frequency as is required for guardians of the person of minors appointed by the judge of the probate court. In those cases where the child was placed pursuant to paragraph (5) of subsection (a) of this Code section, the court shall, at least yearly thereafter as long as the child remains subject to the jurisdiction of the court, review the circumstances of the child to determine that placement in the family home-like setting continues to be in the childs best interests."

SECTION 6. This Act shall become effective on July 1, 2003.

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 33, 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
Blitch Y Bowen

Y Harbison Y Harp Y Henson Y Hill

E Seay Y Shafer Y Smith,F E Smith,P

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

Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B
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
Thompson Y Tolleson Y Unterman Y Williams Y 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.

SR 276. By Senators Balfour of the 9th, Bulloch of the 11th, Hamrick of the 30th, Thomas of the 54th, Mullis of the 53rd and others:

A RESOLUTION urging the Federal Energy Regulatory Commission not to adopt its proposed rules for Standard Market Design of electricity markets; urging Congress to take such steps as are necessary to assure that the Federal Energy Regulatory Commission not adopt its proposed rules for Standard Market Design; 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
Blitch Y Bowen
Brown Y Brush Y Bulloch Y Butler Y Cagle

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

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

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

Kemp,R Y Lamutt
Lee Y Levetan Y Me V Bremen Y Moody
Mullis Y Price Y Reed Y Seabaugh

Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 294. By Senators Seabaugh of the 28th, Lee of the 29th, Brush of the 24th and Crotts of the 17th:

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 require the promulgation of rules and regulations to regulate in the public interest certain contracts and purchases on behalf of students in public elementary and secondary schools; to provide for the contents of such rules and regulations; to require certain bidding procedures, limitation of consideration to bids meeting specifications, award to the lowest responsible bidder, monitoring of compliance with the contract or bid, and certain contract provisions relating to failure to comply with bid prices; to require a standard or formula for determining the price in certain circumstances; to repeal conflicting laws; and for other purposes.

The Senate Education Committee offered the following amendment:

Amend SB 294 by striking the word "school" in line 7 of page 2 and inserting in lieu thereof the word "superintendents".

On the adoption of the amendment, the yeas were 37, nays 0, and the committee amendment was adopted.

Senators Meyer von Bremen of the 12th and Seabaugh of the 28th offered the following amendment:

Amend SB 294 by inserting after "responsible" on line 26 on page 1 "and responsive" and

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inserting after "bidder" on line 26 on page 1 "as such terms are defined in Code Section 36-91-2".

On the adoption of the amendment, the yeas were 30, nays 0, and the Meyer von Bremen, Seabaugh amendment was adopted.

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:

Y Adelman Y Balfour
Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay E Collins Y Crotts
Dean Fort 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
Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody
Mullis Y Price Y Reed Y Seabaugh

E Seay Y Shafer Y Smith,F E 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 45, nays 0.

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

Senator Jackson of the 50th asked unanimous consent that Senator Thomas of the 2nd be excused. The consent was granted, and Senator Thomas was excused.

The Calendar was resumed.

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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.
Senators Thompson of the 33rd, Smith of the 25th and Tate of the 38th offered the following amendment #1:
Amend SB 193 by inserting on line 2 of page 1 immediately after "so as" the following: "to list duties that may be required of certificated teachers;".
By inserting between lines 11 and 12 of page 1 the following:
"SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by inserting a new Code section to be designated Code Section 20-2-221 to read as follows:
'20-2-221. Certificated teachers shall not be required to perform duties other than instruction of students and supervision of students:
(1) At lunch to the extent permitted by Code Section 20-2-218; (2) On the school playground during the school day; and (3) In the event of emergencies.'"
By renumbering Sections 1, 2, 3, and 4 as Sections 2, 3, 4, and 5, respectively.
By striking from lines 13 and 14 of page 1 the words and symbols "Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary schools, is" and inserting in lieu thereof the words "Said chapter is further".
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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Y Adelman N Balfour
Blitch N Bowen Y Brown N Brush N Bulloch Y Butler N Cagle Y Cheeks N Clay E 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 Y Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

E 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 E Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 24, nays 28, and the Thompson, et al. amendment #1 was lost.

Senators Thompson of the 33rd, Smith of the 25th and Tate of the 38th offered the following amendment #2:

Amend SB 193 by inserting on line 2 of page 1 immediately after "so as" the following:
"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;".

By inserting between lines 11 and 12 of page 1 the following:
"SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking subsection (b) of Code Section 20-2212, relating to salaries of professional educators, and inserting in its place a new subsection to read as follows:

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'(b) Local units of administration may supplement the salaries of personnel subject to the schedule of minimum salaries under subsection (a) of this Code section and, in fixing the amount of those supplements, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular employee whose salary is being supplemented. 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 for such personnel below the local supplement amount received in the immediately preceding fiscal year by those personnel of that local unit of administration unless such local unit of administration has conducted at least one public hearing regarding such decrease, notice of which hearing the local unit shall cause to be published in the legal organ of the county which is the legal situs of such local unit one time at least seven days prior to the date such hearing is to be held.'"
By renumbering Sections 1, 2, 3, and 4 as Sections 2, 3, 4, and 5, respectively.
By striking from lines 13 and 14 of page 1 the words and symbols "Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary schools, is" and inserting in lieu thereof the words "Said chapter is further".
Senator Thompson of the 33rd asked unanimous consent that his amendment #2 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Moody of the 27th offered the following amendment #3:
Amend SB 193 by striking lines 2 through 7 of page 1 and inserting in lieu thereof the following: "elementary and secondary schools, so as to provide".
By striking from line 9 of page 1 "under Code Section 20-2-942;" and inserting in lieu thereof the following: "; to provide procedures for hearings for such persons; to provide for selection of a tribunal, transcripts, legal questions, burden of proof, decisions of the local board, and appeals;".
By striking lines 14 through 17 of page 1 and inserting in lieu thereof the following: "secondary schools, is amended by inserting a new Code section to be designated Code Section 20-2-941 to read as follows:
'20-2-941. The following procedures shall apply to persons who first became teachers on or after July 1, 2000:'"

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By deleting the underscoring but not otherwise affecting the underscored language appearing from lines 18 of page 1 through line 22 of page 2.
By striking lines 23 through 27 of page 2 and inserting in lieu thereof the following: "Notwithstanding any other provision of law, Code Section 20-2-1160 shall not apply to this Code section. (5) The tribunal shall file its"
By deleting the stricken language from lines 24 of page 1 through line 20 of page 2.
By deleting the stricken language from lines 30 and 31 of page 2.
By striking line 32 of page 2 and inserting in lieu thereof the word "Any".
By deleting the underscoring but not otherwise affecting the underscored language appearing on lines 33 of page 2 through line 2 of page 3.
By inserting quotation marks at the end of line 2 of page 3.
By striking lines 3 through 23 of page 3.
By inserting on line 29 of page 3, immediately following "Code section" the words and symbols "and Code Section 20-2-941".
On the adoption of the amendment, the yeas were 44, nays 0, and the Moody amendment #3 was adopted.
Senators Tate of the 38th, Brown of the 26th, Smith of the 25th and Blitch of the 7th offered the following amendment #4:
Amend SB 193 by striking lines 2 through 7 of page 1 and inserting in lieu thereof the following:
"elementary and secondary schools, so as to provide".
By striking lines 14 through 25 of page 1, lines 1 through 37 of page 2, and lines 1 through 25 of page 3 and inserting in lieu thereof the following:
"secondary schools, is amended in Code Section 20-2-942, relating to the procedure for".
By redesignating Sections 3 and 4 as Sections 2 and 3, respectively.

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Senators Clay of the 37th and Brush of the 24th offered the following amendment #4a:

Amend the Tate, et al. amendment #4 to SB 193 (AM 21 2150) by striking lines 6 and 7
and inserting in lieu thereof the following: "27 of page 3 and inserting in lieu thereof the following:
'secondary schools, is amended by striking subsection (d) of Code Section 20-2-942,
relating to the procedure for nonrenewal after acceptance by a teacher of a school year
contract for the fourth consecutive school year, and inserting in lieu thereof the following:'".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

N Adelman Y Balfour N Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle N Cheeks Y Clay E 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 N Lamutt N Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh

E 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 E Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa

On the adoption of the amendment, the yeas were 27, nays 26, and the Clay, Brush amendment #4a to the Tate, et al. amendment #4, was adopted.

Senator Starr of the 44th moved that the Senate reconsider its action in adopting the Clay, Brush amendment #4a to the Tate, et al. amendment #4.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman N Balfour

Y Harbison N Harp

E Seay N Shafer

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

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

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

On the motion to reconsider, the yeas were 27, nays 26; the motion prevailed, and the Senate reconsidered its action in adopting the Clay, Brush amendment #4a.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

N Adelman Y Balfour N Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle N Cheeks Y Clay E 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 N Lamutt N Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh

E 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 E Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa

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On the adoption of the amendment, the yeas were 26, nays 27, and the Clay, Brush amendment #4a to the Tate, et al. amendment #4 was lost.

Senators Johnson of the 1st and Brush of the 24th offered the following amendment #5:

Amend SB 193 by inserting in line 2 of page 1 immediately after the words "so as" the
following: "to provide for an annual increase in state pay for certain teachers;".

By striking line 14 of page 1 and inserting in lieu thereof the following: "secondary schools, is amended by inserting a new Code section to be designated Code Section 20-2-212.4 to read as follows: '20-2-212.4. Any teacher who has acquired rights to continued employment as a teacher shall receive an increase in annual state compensation of 5 percent, beginning the school year following any year in which the students taught by such teacher earn a significant increase in average scores on the criterion-referenced test or any other test selected by the State Board of Education for that purpose. The State Board of Education shall define "significant increase" for the purposes of this Code section. The increase earned by compliance with this Code section shall be in addition to all other salary increases for which the teacher is eligible.' SECTION 2. Said chapter is further amended in Code Section 20-2-940, relating to the grounds and".

By renumbering Sections 2, 3, and 4 as Sections 3, 4, and 5, respectively.

On the adoption of the Tate amendment #4, the President ordered a roll call, 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 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

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

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Y Fort Y Gillis Y Golden Y Hall Y Hamrick

N Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 51, nays 2, and the Tate, et al. amendment #4 was adopted.

On the adoption of the amendment, the yeas were 45, nays 0, and the Johnson, Brush amendment #5 was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 E 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

E Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y 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 53, nays 0.

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

At 1:36 p.m., the President announced that the Senate would stand in recess until 2:30 p.m.

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At 2:30 p.m., the President called the Senate to order.

The following messages were 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 815.

By Representatives Lane of the 101st, Walker of the 115th, Barnes of the 84th, Post 2, Warren of the 99th, Brock of the 5th and others:

A BILL to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to effective dates of hunting, fishing, and trapping licenses generally; to change certain provisions relating to licenses for archery and primitive weapons hunting, all weapons hunting licenses, license card carrier requirement, and lifetime sportsmen's licenses; to change certain provisions relating to license, permit, tag, and stamp fees; and for other purposes.

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

HB 414. By Representative Jenkins of the 93rd:

A BILL to amend Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demurrers, motions, and special pleas and exceptions, so as to create time limits for filing pretrial motions; and for other purposes.

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

HB 594. By Representative Teper of the 42nd, Post 1:

A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide that the Board of Community Health is authorized to contract with the community service boards for the inclusion in such plan of any person who retires as an employee of a community service board with at least ten years of actual service and after attaining the age of 60 years; and for other purposes.

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Senator Hall of the 22nd asked unanimous consent that Senator Tolleson of the 18th be excused. The consent was granted, and Senator Tolleson was excused.
The Calendar was resumed.
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.
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 13, 2003
The Honorable Sam Zamarripa State Senator Legislative Office Building, Room 321-B Atlanta, Georgia 30334
SUBJECT: State Auditor's certification Senate Bill 159 (LC 21 7259)
Dear Senator Zamarripa:
This bill would amend provisions relating to the Employees' Retirement System. Specifically, this bill authorizes the development of retirement options that would result in budgetary savings to the State. This bill would require the board of trustees and the Governor to develop and implement such options, and would require the State Auditor to certify that the proposed options would result in a net savings to the State. This bill specifies that the retirement options may include one or more of the following:
? Granting additional service credit to one or more classes of employees; ? Allowing one or more classes of employees to purchase additional service
credit; ? Granting health or other benefits to, increasing health or other benefits of, or
decreasing the employee cost of health or other benefits provided to one or more classes of employees after retirement; or

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? Providing other incentives to encourage employees in one or more classes to exercise one or more retirement options.

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

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

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

On the passage of the bill, the yeas were 38, nays 0.

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

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 Bills of the House:
HB 301. By Representative Crawford of the 91st:
A BILL to amend Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales, so as to provide for limitation of damages in civil actions by successful bidders for property sold in certain judicial and certain nonjudicial sales that are later rescinded; and for other purposes.
HB 373. By Representative Twiggs of the 8th:
A BILL to amend Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electric membership corporations and foreign electric cooperatives, so as to require prior approval of transmission lines to be built for or on behalf of such entities; to define terms; to provide for a power plant and transmission line siting committee; to provide for the membership of the committee and their service and compensation; and for other purposes.
The Calendar was resumed.
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.
The Senate Retirement Committee offered the following amendment:
Amend SR107 by striking lines 18 and 19 of page 1 and inserting in lieu thereof the following:
"Speaker of the House of Representatives, five members of the Senate to be appointed by the Senate Committee on Assignments, a representative of the Georgia Association of Educators; Service Employees International Union; the Georgia Retired Teachers Association; and the Professional Association of Georgia Educators appointed by the associations presidents. The Speaker of the House of Representatives shall"
On the adoption of the amendment, the yeas were 32, nays 0, and the committee amendment was adopted.

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1667

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

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

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

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

E 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 Y Thompson E Tolleson Y Unterman
Williams Y Zamarripa

On the adoption of the resolution, the yeas were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

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.

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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 Balfour Blitch
Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay E Collins Y Crotts Y Dean
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
Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody
Mullis Y Price
Reed Y Seabaugh

E 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 Y Thompson E Tolleson
Unterman Williams Y Zamarripa

On the passage of the bill, the yeas were 43, nays 0.

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

SR 311. By Senators Johnson of the 1st, Lamutt of the 21st, Balfour of the 9th, Price of the 56th, Williams of the 19th and others:

A RESOLUTION

Proposing an amendment to the Constitution so as to require the freezing of existing residential real property values and to provide that residential real property and interests therein shall be appraised for ad valorem taxation purposes at their fair market value as of the date of the owners acquisition thereof; to provide for valuation increases; to provide for conditions and limitations; to provide for authority of the General Assembly with respect to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article VII, Section I of the Constitution is amended in Paragraph III by striking the catchline and subparagraphs (a) and (b) and inserting in their places a new catchline and subparagraphs (a), (b), and (b.1) to read as follows:
"Paragraph III.Uniformity; classification of property; assessment of agricultural land; utilities. Uniformity; classification of property; assessment of residential real property, agricultural land, historic property, standing timber, and utilities. (a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (b.1), (c), (d), and (e) of this Paragraph, all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax.
(b)(1) Except as otherwise provided in this subparagraph (b), classes of subjects for taxation of property shall consist of residential real property, other tangible property, and one or more classes of intangible personal property, including money; provided, however, that any taxation of intangible personal property may be repealed by general law without approval in a referendum effective for all taxable years beginning on or after January 1, 1996. (2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such properties:
(A) Trailers;. (B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation; and. (C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state. (3) Motor vehicles may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes. The General Assembly may provide by general law for the ad valorem taxation of motor vehicles including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses. The General Assembly may also determine what portion of any ad valorem tax on motor vehicles shall be retained by the state. As used in this subparagraph, the term 'motor vehicles' means all vehicles which are self-propelled. (b.1) Except as otherwise provided in subparagraphs (c) and (d) of this Paragraph and unless approved by a majority vote of the qualified electors residing within the limits of the applicable local taxing jurisdiction voting in a referendum thereon: (1) The value of residential real property and interests therein shall not be changed from the valuation of such property established for the taxable year immediately preceding the calendar year in which such local referendum is conducted under this subparagraph except as a result of new construction, additions, or improvements to

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the property of the taxpayer which require a building permit unless such property is sold or transferred to a person other than the owners spouse in which event such spouse shall retain the valuation pursuant to this subparagraph; and (2) Once transferred or sold as provided in subparagraph (b.1)(1), residential real property and interests therein shall be appraised for ad valorem taxation purposes at their fair market values as of the date of the owners acquisition thereof. Such property shall be subject to annual revaluation, but any such annual increase in the value of such residential real property shall not exceed an inflation percentage established by the state revenue commissioner for the current taxable year. The state revenue commissioner shall annually establish an inflation percentage to reflect the effect of economic inflation on individual taxpayers, and for such purpose, the state revenue commissioner may use the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics of the United States Department of Labor and any other reliable economic indicator determined by the state revenue commissioner to be appropriate. The General Assembly shall be authorized to provide by general law for the implementation of this subparagraph."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize, upon approval in a local referendum, the freezing of existing residential real property
( ) NO values until property is sold and once sold provide that such residential real property shall be appraised for ad valorem taxation purposes at fair market value as of the date of the owners acquisition thereof subject only to valuation increases at the inflation rate?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Senator Johnson of the 1st offered the following amendment:
Amend SR 311 by striking lines 18 through 27 of page 2 and inserting in their place the following:
"(b.1) This subparagraph shall not apply to any ad valorem taxes in a local taxing jurisdiction in which a local Act has become effective prior to January 1, 2005, which provides a homestead exemption with respect to such ad valorem taxes in an amount equal to the amount by which the current year assessed value of a homestead exceeds

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the base year assessed value of such homestead. Except as otherwise provided in subparagraphs (c) and (d) of this Paragraph:
(1) The value of residential real property and interests therein shall not be changed from the valuation of such property established for the 2004 taxable year except as a result of new construction, additions, or improvements to the property of the taxpayer which require a building permit unless such property is sold or transferred to a person other than the owners spouse in which event such spouse shall retain the valuation pursuant to this subparagraph; and"

By striking lines 3 and 4 of page 3 and by adding a new sentence at the end of line 2 of
page 3 to read as follows: "The General Assembly shall be authorized to provide by local Act that a local taxing
jurisdiction shall not be subject to the annual revaluation provided for in this subparagraph.'"

By striking ", upon approval in a local referendum," from lines 9 and 10 of page 3.

On the adoption of the amendment, the yeas were 37, nays 0, and the Johnson amendment was adopted.

The report of the committee which was favorable to the adoption of the resolution, was agree to as amended.

On the adoption of the resolution proposing an amendment to the Constitution, 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 Collins Y Crotts Y Dean N Fort Y Gillis Y Golden

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

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

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Y Hall Y Hamrick

Reed Y Seabaugh

Y Zamarripa

On the adoption of the resolution, the yeas were 47, nays 3.

The resolution, having received the requisite two-thirds constitutional majority, was adopted as amended.

Senator Hall of the 22nd asked unanimous consent that Senator Cheeks of the 23rd be excused. The consent was granted, and Senator Cheeks was excused.

Senator Stephens of the 51st asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused.

The Calendar was resumed.

SB 330. By Senators Price of the 56th and Johnson of the 1st:

A BILL to be entitled an Act to amend Code Section 28-5-5 of the Official Code of Georgia Annotated, relating to the Budgetary Responsibility Oversight Committee, so as to change the method of appointment and time of service of certain members of the committee; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senators Hooks of the 14th, Thomas of the 10th, Jackson of the 50th, Henson of the 41st and Golden of the 8th offered the following amendment #1:

Amend SB 330 by striking lines 7 through 16 of page 1.

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 E Cheeks N Clay

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

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

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N Collins N Crotts Y Dean Y Fort N Gillis Y Golden N Hall N Hamrick

N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman E Williams Y Zamarripa

On the adoption of the amendment, the yeas were 24, nays 28, and the Hooks, et al. amendment #1 was lost.

Senators Hooks of the 14th, Thomas of the 10th, Jackson of the 50th, Henson of the 41st and Golden of the 8th offered the following amendment #2:

Amend SB 330 by striking lines 17 through 25 of page 1.

Senators Hooks of the 14th, Thomas of the 10th, Jackson of the 50th, Henson of the 41st and Golden of the 8th offered the following amendment #2a:

Amend floor amend #2 of SB 330 by striking lines 7 through 25 of page 1.

On the adoption of the Hooks, et al. amendment #2a, 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 E Cheeks N Clay N Collins N Crotts Y Dean Y Fort Y Gillis Y Golden

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

E 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 E Williams

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N Hall N Hamrick

Y Reed N Seabaugh

Y Zamarripa

On the adoption of the amendment, the yeas were 26, nays 27, and the Hooks, et al. amendment #2a to the Hooks, et al. amendment #2 was lost.

On the adoption of the Hooks, et al. amendment #2, 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 E Cheeks N 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 N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

E 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 E Williams Y Zamarripa

On the adoption of the amendment, the yeas were 25, nays 28, and the Hooks, et al. amendment #2 was lost.

Senator Price of the 56th asked unanimous consent that SB 330 be placed on the Table. The consent was granted, and SB 330 was placed on the Table.

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:

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HB 318.

By Representatives McClinton of the 59th, Post 1, Howard of the 98th, Ashe of the 42nd, Post 2, Mobley of the 58th, Sinkfield of the 50th and others:

A BILL to amend Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, so as to enact the "Adult Day Center Licensure Act"; to provide a short title; to define terms; to provide the Department of Human Resources with the authority to promulgate regulations for the operation of adult day centers; and for other purposes.

HB 413. By Representatives Burkhalter of the 36th and Graves of the 106th:

A BILL to amend Code Section 12-2-4 of the Official Code of Georgia Annotated, relating to powers and duties of the Dept. of Natural Resources, so as to provide for processing of applications for certification of certain conservation use property for ad valorem tax purposes; to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for preferential assessment of bona fide conservation use property consisting of certain constructed storm water wetlands; to change certain provisions relating to bona fide conservation use property and bona fide residential transitional property; and for other purposes.

HB 598.

By Representatives Harbin of the 80th, Keen of the 146th and Dodson of the 84th, Post 1:

A BILL to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, so as to provide that persons who, as an agent or representative, solicit, negotiate, procure, or effectuate insurance coverage on behalf of an insurer who is not authorized to do business in this state or take certain actions with regard to such insurance commit insurance fraud; and for other purposes.

The Calendar was resumed.

SB 347. By Senators Meyer von Bremen of the 12th and Adelman of the 42nd:

A BILL to be entitled an Act to amend Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale, so as to provide a reciprocal exemption for a judgment debtor resident in this state as against a judgment creditor resident in another state; 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 E Cheeks N Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden N 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 N Moody Y Mullis N Price
Reed Y Seabaugh

E Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr
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 48, nays 4.

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

The following communication was received by the Secretary:

4/8/2003

The State Senate Atlanta, Georgia 30334

To: Frank Eldridge Secretary of the Senate

I write to inform you that I cast a yes vote in favor of Senate Bill 347. Please correct the Senate record to reflect my vote accordingly.
Sincerely,

/s/ Kasim Reed, 35th

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The Calendar was resumed.

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.

The Senate Education Committee offered the following substitute to SB 210:

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 exceptions; to provide for ineligibility; to prohibit certain activities relating to athletic associations in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary

and secondary education, is amended by adding at the end a new article to read as

follows:

"ARTICLE 32

20-2-2090.

(a) A student who attends a home study program which meets the requirements

specified in Code Section 20-2-690 shall be eligible to participate in any extracurricular

program offered in the public school which that student would otherwise be authorized

to attend if the parent providing instruction to the child provides the following written

verification:

(1) The student is receiving a passing grade in the courses or subjects being taught;

and

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(2) The student is maintaining satisfactory progress towards advancement or promotion. (b) A public school shall have no obligation to provide transportation to or from the school for a student eligible for extracurricular programs pursuant to this Code section except that such student shall be eligible for transportation from the school to and from any extracurricular program in which the student is eligible to participate under the same conditions as public school participants in that program. Registration, age eligibility requirements, fees, insurance, physical condition, qualifications, responsibilities, event schedules, standards of behavior, and performance policies for home study students shall be consistent with those policies established for students enrolled in that public school; provided, however, that students enrolled in a public school shall have priority over home school students for inclusion on a team or participation in an activity if the team or activity cannot accommodate all students who want to participate. (c) A child who attends a home study program and who was previously enrolled in a school shall be ineligible to participate in extracurricular activities for the remainder of the school year during which the child was enrolled in a home study program. (d) No high school which receives state funding under this chapter shall participate in, sponsor, or provide coaching staff for interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association unless the charter, bylaws, or other governing documents of such athletic association permit the participation of children instructed in a home study program in extracurricular activities at public schools in accordance with this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Thompson of the 33rd and Starr of the 44th offered the following amendment #1:
Amend the Senate Education Committee substitute to SB 210 by inserting after "section." on line 15 on page 2 the following;
"(e) A child who attends a home study program and who was previously enrolled in a school shall be ineligible to participate in school athletic activities for the remainder of the school year during which the child was enrolled as well as the following academic year if the students grades when he or she withdrew from school were below the academic standards of the Georgia High School Association, the local school system, or the local school at which the student wishes to participate."
Senator Thompson of the 33rd offered the following amendment #1a:
Amend the committee substitute to SB 210 by amending amendment #1 (AM 28 0234) by changing the word athletic on page (1) line 5, and inserting in lieu of, the words extra-

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1679

curricular.

On the adoption of the Thompson amendment #1a, the yeas were 35, nays 0, and the Thompson amendment #1a to the Thompson, Starr amendment #1, was adopted.

On the adoption of the amendment, the yeas were 49, nays 0, and the Thompson, Starr amendment #1 was adopted as amended.

On the adoption of the substitute, the yeas were 49, 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:

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

Y Harbison Y Harp N Henson
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
Price Y Reed Y Seabaugh

E Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens N Stokes
Tanksley N Tate 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 40, nays 8.

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

The following communication was received by the Secretary:

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The State Senate Atlanta, Georgia 30334
I was busy talking to Senator Adelman and missed voting yes for SB 210.
/s/ Liane Levetan
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 114. HB 175. HB 367.

By Representatives Williams of the 128th, Bordeaux of the 125th, Skipper of the 116th, Mosley of the 129th, Post 1 and James of the 114th:
A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections generally, so as to provide that the election superintendent shall ensure that all ballots are counted before closing the election superintendent's office after a primary or election; and for other purposes.
By Representatives Smith of the 13th, Post 2, Smith of the 87th, Smith of the 110th and Smith of the 76th:
A BILL to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions for offenses against public health and morals, so as to provide for the crime of smoking in a motor vehicle while a child is restrained in a child passenger restraining system; and for other purposes.
By Representatives Keen of the 146th, Coleman of the 118th, Harbin of the 80th and Scott of the 138th:
A BILL to amend Article 2 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to creation and validity of express trusts, so as to provide for oral trust agreements for personal property; and for other purposes.

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HB 735.

By Representatives Smith of the 13th, Post 2 and Maddox of the 59th, Post 2:

A BILL to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated; and for other purposes.

HB 772.

By Representatives Birdsong of the 104th, Warren of the 99th, Jenkins of the 93rd and Roberts of the 135th:

A BILL to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations relative to the operation of bingo games, so as to provide that members of a bona fide auxiliary unit of a licensed organization may assist in the operation of bingo games operated by such parent organization notwithstanding the fact that such auxiliary unit holds its own bingo license; and for other purposes.

The Calendar was resumed.

SB 301. By Senators Levetan of the 40th, Adelman of the 42nd, Unterman of the 45th, Tate of the 38th, Jackson of the 50th and Fort of the 39th:

A BILL to be entitled an Act to amend Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plates for persons with disabilities, so as to provide that a person may obtain a special license plate for his or her parent; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Public Safety and Homeland Security Committee offered the following amendment:

Amend SB 301 by inserting on line 3 of page 1, immediately after "parent;" the
following: "to limit the number of special license plates that may be issued for a disabled parent;".

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By inserting on line 18 of page 1, immediately after "commissioner." the following: "A specially designated disabled persons license plate shall be issued to only one child of a disabled parent."

On the adoption of the amendment, the yeas were 39, 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 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 Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis
Price Y Reed Y Seabaugh

E 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 51, nays 0.

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

SB 349. By Senators Lee of the 29th, Stephens of the 51st and Kemp of the 46th:

A BILL to be entitled an Act to amend Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to identity fraud, so as to change certain provisions regarding definitions; to change certain provisions regarding investigations; to change certain provisions regarding authority of the administrator; to change certain provisions regarding exemptions; to provide

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1683

for additional violations; to change certain provisions regarding damages, defenses, and service; to change certain provisions regarding investigation results; to change certain provisions regarding the cumulative nature of said article; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senator Lee of the 29th asked unanimous consent that SB 349 be dropped to the foot of the Calendar for today. The consent was granted, and SB 349 was dropped to the foot of the Rules Calendar for today.

SB 277. By Senators Kemp of the 3rd and Johnson of the 1st:

A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and an annual report, so as to provide that a conservation use covenant may be renewed and continued without a lapse in the agreement; 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 Balfour
Y Blitch 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
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 Price Y Reed Y Seabaugh

E Seay Y Shafer Y Smith,F Y Smith,P Y Squires
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

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On the passage of the bill, the yeas were 48, nays 0.

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

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 645.

By Representatives Benfield of the 56th, Post 1, Ehrhart of the 28th, Graves of the 106th, Chambers of the 53rd, Moraitakis of the 42nd, Post 4 and others:

A BILL to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to redefine the term "malt beverage"; and for other purposes.

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

HR 692.

By Representatives Coleman of the 118th, Skipper of the 116th, Buck of the 112th, Parrish of the 102nd, Morris of the 120th and others:

A RESOLUTION expressing regret at the passing of Paul D. Lynch; and for other purposes.

The Calendar was resumed.

SB 280. By Senators Kemp of the 3rd, Harp of the 16th, Hooks of the 14th and Cheeks of the 23rd:

A BILL to be entitled an Act to amend Code Section 40-2-137 of the Official Code of Georgia Annotated, relating to a notice of termination of motor vehicle liability insurance, lapse fee, and promulgation of rules and regulations, so as to provide that a member of the armed forces on ordered military duty abroad may terminate or suspend liability insurance on each motor vehicle registered to him or her; to provide for a form of reporting to the Department of Motor Vehicle Safety; to provide that such person shall ensure that the motor vehicle will not be operated until insurance is restored; to provide for the restoration of

TUESDAY, APRIL 8, 2003

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insurance; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Insurance and Labor Committee offered the following substitute to SB 280:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 40-2-137 of the Official Code of Georgia Annotated, relating to a notice of termination of motor vehicle liability insurance, lapse fee, and promulgation of rules and regulations, so as to provide that a member of the armed forces on ordered military duty abroad may terminate or suspend liability insurance on each motor vehicle registered to him or her; to provide for a form of reporting to the Department of Motor Vehicle Safety; to provide that such person shall ensure that the motor vehicle will not be operated until insurance is restored; to provide for the restoration of insurance; to provide an exemption from certain fees; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-2-137 of the Official Code of Georgia Annotated, relating to a notice of termination of motor vehicle liability insurance, lapse fee, and promulgation of rules and regulations, is amended by redesignating subsection (d) as subsection (e) and by inserting immediately following subsection (c) a new subsection (d) to read as follows:
"(d) Notwithstanding any other provisions of this Code section, any member of the armed forces leaving the country on ordered military duty may terminate or suspend insurance coverage on each motor vehicle registered in his or her name for the period of such ordered foreign assignment by complying with the provisions for cancellation set forth in Code Section 33-24-44.1 and with the provisions of this subsection. Such person shall notify the department in such manner as prescribed by the department, which shall include, without limitation, the location where each vehicle will be stored during the period of foreign duty, the means taken to ensure that the vehicle will not be operated during that time, and the name and address of the person responsible for the vehicle during such period. Such notice shall also include a copy of the orders requiring overseas duty and the estimated date of return. A person complying with the provisions of this subsection shall ensure that the motor vehicle is not operated until insurance is restored and shall restore insurance within 15 days after his or her return from such foreign duty. A termination or suspension of insurance coverage in compliance with this subsection shall not be considered a lapse of insurance coverage under subsection (c) of the Code section and shall not be subject to the assessment of any fee under such subsection."
SECTION 2.

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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.

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

Y Harbison

Balfour

Y Harp

Y Blitch

Y Henson

Y Bowen

Y Hill

Y Brown

Y Hooks

Y Brush

Y Hudgens

Y Bulloch

Y Jackson

Y Butler

Y Johnson

Cagle

Y Kemp,B

Y Cheeks

Y Kemp,R

Y Clay

Y Lamutt

Y Collins

Y Lee

Y Crotts

Y Levetan

Y Dean

Y Me V Bremen

Fort

Y Moody

Y Gillis

Y Mullis

Y Golden

Y Price

Y Hall

Y Reed

Y Hamrick

Y Seabaugh

On the passage of the bill, the yeas were 50, nays 0.

E Seay Y Shafer Y Smith,F Y Smith,P Y Squires
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

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

SB 329. By Senators Seabaugh of the 28th, Golden of the 8th, Lamutt of the 21st, Shafer of the 48th and Dean of the 31st:

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 "Spending Account and Consumer Driven Health Plan Advancement Act"; to provide a short title; to provide for legislative intent and purposes; to provide definitions; to authorize

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the issuance of spending account plans and customer driven health plans for individuals and groups; to provide for the payment for health care services; to provide for the features of such plans; to provide for certain contractual provisions; to provide for limitations on contracts issued; to provide for certain prohibitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senator Seabaugh of the 28th offered the following amendment:

Amend SB 329 by striking on line 4 of page 1 the word "customer" and inserting in its place the word "consumer"

On the adoption of the amendment, the yeas were 40, nays 0, and the Seabaugh amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall
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
Reed Y Seabaugh

E Seay Y Shafer Y Smith,F Y Smith,P Y Squires
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 50, nays 0.

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

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SB 291. By Senator Hill of the 4th:

A BILL to be entitled an Act to amend Code Section 12-3-58 of the Official Code of Georgia Annotated, relating to powers, duties, and authority of the Department of Natural Resources and its Division of Historic Preservation relative to a historic preservation grants program, so as to redefine a certain term; to change certain provisions relating to eligibility of historic property for funding under such program; 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
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

E Seay Y Shafer Y Smith,F Y Smith,P Y Squires
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 52, nays 0.

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

Senator Harp of the 16th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.

Senator Kemp of the 46th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.

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The Calendar was resumed.

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.

The State and Local Governmental Operations Committee offered the following amendment: Amend SB 136 by striking "2008" on line 20 on page 3 and inserting in lieu thereof "2004".

Senator Thomas of the 10th offered the following amendment:

Amend the Senate State and Local Government Operations Committee amendment to SB 136 by striking at the end of line 2 of page 1 the year "2004" and inserting in lieu thereof the year "2006".

On the adoption of the amendment, the yeas were 36, nays 0, and the Thomas of the 10th amendment to the committee amendment was adopted.

On the adoption of the committee amendment, the yeas were 33, nays 0, and the committee amendment was adopted as amended.

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:

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

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

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

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Y Cheeks Y Clay Y Collins Y Crotts Y Dean
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 E Seabaugh

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 0.

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

SR 234. By Senators Lamutt of the 21st, Golden of the 8th and Thompson of the 33rd:

A RESOLUTION creating the Unemployment Insurance Trust Fund Joint Study Committee; 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
Blitch Y Bowen Y Brown
Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden

Y Harbison Y Harp Y Henson Y Hill E 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

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

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Y Hall Y Hamrick

Y Reed E Seabaugh

Y Zamarripa

On the adoption of the resolution, the yeas were 44, nays 3.

The resolution, having received the requisite constitutional majority, was adopted.

SB 333. By Senators Thomas of the 54th, Lee of the 29th, Price of the 56th, Mullis of the 53rd, Kemp of the 46th and others:

A BILL to be entitled an Act to amend Chapter 35 of Title 31 of the Official Code of Georgia Annotated, relating to vaccinations for firefighters, emergency medical technicians, and public safety officers, so as to provide for a vaccination program for emergency responders who may be exposed to infectious diseases when deployed to a disaster location; to provide for definitions of certain terms; to provide for application for federal funding and implementation of a vaccination program contingent upon such funding; 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
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 Y Harp
Henson Y Hill E Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B Y Kemp,R Y Lamutt
Lee Y Levetan Y Me V Bremen Y Moody
Mullis Y Price Y Reed E Seabaugh

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

1692

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 336. By Senators Thomas of the 54th, Price of the 56th, Thomas of the 10th, Mullis of the 53rd, Moody of the 27th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide immunity for certain hospitals, their agents or employees, health care providers, health care workers, and certain other persons participating in the federal smallpox vaccination and treatment program; to provide for legislative findings; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator Adelman of the 42nd offered the following amendment #1:
Amend SB 336 by inserting on line 5 of page 1, following "applicability;", the following: "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;".
By inserting immediately following line 25 of page 2 the following:
"SECTION 2-A. Said chapter is further amended by adding a new Code section to read as follows:
'51-1-50. (a) The General Assembly hereby recognizes the essential expertise and support provided to law enforcement agencies and prosecutors by sexual assault nurse examiners and the providers of facilities for sexual assault examinations and the need to protect said examiners and facility providers from civil liability that may arise from such examinations. (b) Without waiving or affecting any existing immunity from any source and to be cumulative of any existing immunity from any source, unless it is established that injuries or death was caused by gross negligence or willful or wanton conduct:
(1) No licensed hospital, clinic, or nonprofit organization that provides facilities for the medical and forensic examination of alleged victims of sexual assault; and (2) No certified sexual assault nurse examiner who examines alleged victims at the request of an agency of the state or one of its political subdivisions or a nonprofit agency certified by the Criminal Justice Coordinating Council to be authorized to request such examinations shall be liable for any damages or injuries sustained by the alleged victim of sexual assault when the damages or injuries are alleged to have occurred by reason of an act or omission to act during the examination.'"

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Senators Price of the 56th and Unterman of the 45th offered the following amendment #1a:

Amend the Adelman amendment #1 (AM 31 0053) to SB 336 by adding on line 19, following the word examiner, the following: "and the providers of such facilities,"

Senator Adelman of the 42nd asked unanimous consent that his amendment #1 be withdrawn. The consent was granted, and the amendment was withdrawn.

The Price amendment #1a to the Adelman amendment #1 was moot.

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 N 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

E 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 N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 2.

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

Senator Moody of the 27th asked unanimous consent that Senator Lee of the 29th be excused. The consent was granted, and Senator Lee was excused.

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JOURNAL OF THE SENATE

The Calendar was resumed.
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.
The Senate Judiciary Committee offered the following substitute to SB 175:
A BILL TO BE ENTITLED AN ACT
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to clarify the provisions relating to oral scientific reports; to provide for discovery with regard to sentencing hearings; 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 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subsection (a) of Code Section 17-10-2, relating to conduct of presentence hearings in felony cases, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except in cases in which the death penalty or life without parole may be imposed, upon the return of a verdict of 'guilty' by the jury in any felony case, the judge shall dismiss the jury and shall conduct a presentence hearing at which the only issue shall be the determination of punishment to be imposed. In the hearing the judge shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty or nolo contendere of the defendant, or the absence of any prior conviction and pleas, provided that only such evidence in aggravation as the state has made known to the defendant prior to the defendants trial and only such evidence in extenuation or mitigation as the defendant has made known to the state prior to the commencement of the sentencing hearing shall be admissible. The judge shall also hear argument by the defendant or the defendants counsel and the district attorney, as provided by law, regarding the punishment to be imposed. The district attorney shall open and the defendant or the defendants counsel shall conclude the argument. Upon the conclusion of the evidence and arguments, the judge shall impose the sentence or shall recess the trial for the

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1695

purpose of taking the sentence to be imposed under advisement. The judge shall fix a sentence within the limits prescribed by law."
SECTION 2. Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 17-16-4, relating to disclosures required of prosecuting attorney and defendant, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) The prosecuting attorney shall, no later than ten days prior to trial, or as otherwise ordered by the court, permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph a report of any physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, if the state intends to introduce in evidence in its case-in-chief or in rebuttal the results of the physical or mental examination or scientific test or experiment. If the report is oral or partially oral, the prosecuting attorney shall furnish in writing all relevant and material portions of such report by serving opposing counsel with such portions no later than ten days prior to trial. Nothing in this Code section shall require the disclosure of any other material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any victim or witness."
SECTION 3. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 17-16-4, relating to disclosures required of prosecuting attorney and defendant, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) The defendant shall within ten days of timely compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, permit the prosecuting attorney at a time agreed to by the parties or as ordered by the court to inspect and copy or photograph a report of any physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, if the defendant intends to introduce in evidence in the defenses case-in-chief or rebuttal the results of the physical or mental examination or scientific test or experiment. If the report is oral or partially oral, the defendant shall furnish in writing all relevant and material portions of such report by serving opposing counsel with such portions no later than ten days prior to trial. Nothing in this Code section shall require the disclosure of any other material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any defendant or witness."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 35, 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 Y Clay Y Collins Y Crotts Y Dean
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 E Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

E Seay Y Shafer N Smith,F Y Smith,P N Squires
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 6.

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:

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

HB 309. By Representative Twiggs of the 8th:

A BILL to amend Code Section 36-62-5.1of the Official Code of Georgia

TUESDAY, APRIL 8, 2003

1697

HB 531. HB 709. HB 893.

Annotated, relating to joint development authorities, so as to authorize the creation and activation of a joint development authority between a county of this state and a contiguous county of an adjoining state; and for other purposes.
By Representative Royal of the 140th:
A BILL to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide for preferential assessment of environmentally contaminated property; to change certain provisions regarding definitions; to change certain provisions regarding assessment of property; and for other purposes. By Representatives Ashe of the 42nd, Post 2, Holmes of the 48th, Post 1, McClinton of the 59th, Post 1 and Smyre of the 111th:
A BILL to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations and restrictions on certain local taxes, so as to provide that certain taxes shall be excluded in computing the limitation on the total amount of local sales and use taxes which may be levied; to provide certain exemptions from certain local sales and use taxes; and for other purposes.
By Representative Lane of the 101st:
A BILL to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide for legislative findings; to provide for definitions; to provide for certain certifications by tobacco manufacturers; to provide for a directory data base of certifying tobacco manufacturers; to establish a prohibition against sales by tobacco manufacturers not included in the directory data base; to require an in state agent for service of process; to provide for reporting requirements; to provide for penalties; to provide for administrative review; to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to prohibit the sale of certain cigarettes; and for other purposes.

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

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JOURNAL OF THE SENATE

HR 132.

By Representatives Wilkinson of the 41st, Bunn of the 63rd, Ashe of the 42nd, Post 2, Heckstall of the 48th, Post 3, Franklin of the 17th and others:

A RESOLUTION designating the Keith Kalland Connector; and for other purposes.

HR 591.

By Representatives Mobley of the 58th, Watson of the 60th, Post 2, Maddox of the 59th, Post 2, Stephenson of the 60th, Post 1, Oliver of the 56th, Post 2 and others:

A RESOLUTION designating the Judge Jim Weeks Intersection; and for other purposes.

The Calendar was resumed.

SR 240. By Senator Clay of the 37th:

A RESOLUTION urging the Governor to create a commission in cooperation with the Governor of South Carolina to study the feasibility of creating a Joint Port Authority for the Port of Savannah; and for other purposes.

Senator Clay of the 37th offered the following amendment:

Amend SR 240 by deleting on line 3, page 2, the word "their" and replacing it with the

On the adoption of the amendment, the yeas were 49, nays 0, and the Clay amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

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

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

TUESDAY, APRIL 8, 2003

1699

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

Y Lamutt E 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 adoption of the resolution, the yeas were 54, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

SB 346. By Senators Collins of the 6th, Meyer von Bremen of the 12th, Lee of the 29th, Squires of the 5th and Moody of the 27th:

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 a program for preventing teen dating violence; to provide for related matters; to delete an obsolete phrase; to repeal conflicting laws; and for other purposes.

The Senate Education Committee offered the following amendment:

Amend SB 346 by inserting on line 12 of page 1, immediately preceding the word "rape" the words "such as".

On the adoption of the amendment, the yeas were 40, 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
Bowen Y Brown Y Brush

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens

E Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr

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

Y Jackson 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

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 48, nays 0.

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

Senator Jackson of the 50th moved that pursuant to Senate Rule 121, SB 324 be committed to the Committee of the Whole Senate and that the Senate resolve into the Committee of the Whole Senate.

On the motion to resolve into the Committee of the Whole Senate, a roll call was taken, and the vote was as follows:

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

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

E 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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1701

N Hall N Hamrick

Y Reed N Seabaugh

Y Zamarripa

On the motion, the yeas were 25, nays 29; the motion failed, and the Senate did not resolve into the Committee of the Whole Senate.

The Calendar was resumed.

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 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.

The Senate Economic Development and Tourism Committee offered the following amendment:

Amend SR 225 by striking line 6 of page 3 and inserting in lieu thereof the following:
"series of no more than three forums to pursue the business and economic analysis and provide written".

On the adoption of the amendment, the yeas were 37, nays 0, and the committee amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, 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
Clay

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

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

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

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
Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 47, nays 1.

The resolution, having received the requisite constitutional majority, was adopted as amended.

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.

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:

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

Y Harbison Y Harp
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

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

TUESDAY, APRIL 8, 2003

1703

Y Hall Y Hamrick

Y Reed Y Seabaugh

Y Zamarripa

On the adoption of the resolution, the yeas were 47, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

SB 283. By Senators Adelman of the 42nd, Balfour of the 9th, Reed of the 35th, Henson of the 41st, Clay of the 37th and Lamutt of the 21st:

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 special motor vehicle license plates, so as to provide for special plates to promote "Share the Road" messages for motorists and bicyclists and to benefit programs related to such motorists and bicyclists; to provide for the design and issuance of such plates; to provide for fees; to provide for reports and intent with respect to funds; to provide for other 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 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
Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

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

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 50, nays 0.

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

SR 308. By Senators Unterman of the 45th, Johnson of the 1st, Stephens of the 51st, Lamutt of the 21st and Clay of the 37th:

A RESOLUTION to create the Joint Study Committee on Location of Electric Transmission Lines; and for other purposes.

The Senate Rules Committee offered the following amendment:

Amend SR 308 by striking "15" and inserting in its place "5" on line 18 of page 2.

On the adoption of the amendment, the yeas were 38, nays 0, and the committee amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

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 Golden Y Hall Y Hamrick

Y 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

E Seay Y Shafer Y Smith,F Y Smith,P Y Squires
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 resolution, the yeas were 53, nays 0.

TUESDAY, APRIL 8, 2003

1705

The resolution, having received the requisite constitutional majority, was adopted as amended.

SB 281. By Senators Kemp of the 3rd, Tanksley of the 32nd, Harp of the 16th, Hooks of the 14th and Cheeks of the 23rd:

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 prohibit the sale or offer for sale of a child by any parent or guardian of a child; to provide for penalties; 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
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
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
Reed Y Seabaugh

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

Mr. President:

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JOURNAL OF THE SENATE

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

HB 359. By Representative Ashe of the 42nd, Post 2:

A BILL to amend Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for the detection or apprehension of perpetrators of felonies, so as to remove certain limitations with respect to the offering of such rewards by the governing authority of a county or municipality; and for other purposes.

HB 708.

By Representatives Oliver of the 56th, Post 2, Smyre of the 111th, Orrock of the 51st, Porter of the 119th, Greene of the 134th and others:

A BILL to amend Code Section 45-1-4 of the Official Code of Georgia Annotated, relating to complaints or information regarding fraud, waste, and abuse in state programs and operations, so as to change certain provisions regarding complaints or information regarding fraud, waste, or abuse in state programs and operations; and for other purposes.

HB 726.

By Representatives Powell of the 23rd, Westmoreland of the 86th and Harbin of the 80th:

A BILL to amend Code Section 43-15-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to professional engineers and land surveyors, so as to revise the definition of the term "land surveying"; and for other purposes.

HB 846.

By Representatives Skipper of the 116th, Buck of the 112th, Porter of the 119th, Orrock of the 51st and Westmoreland of the 86th:

A BILL to amend the Official Code of Georgia Annotated so as to change references to certain committees of the Georgia Senate and House of Representatives in the Official Code of Georgia Annotated to conform such references to committee names as adopted by resolution by the Georgia Senate and the House of Representatives, respectively; to provide for editorial revision; and for other purposes.

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

TUESDAY, APRIL 8, 2003

1707

HB 88.

By Representative Dean of the 49th:

A BILL to amend Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales, and Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to prohibit the sale of tax executions; to make it unlawful to sell such tax executions; and for other purposes.

HB 590.

By Representatives Greene-Johnson of the 60th, Post 3, Williams of the 61st, Post 2, Watson of the 60th, Post 2, Stephenson of the 60th, Post 1 and Fludd of the 48th, Post 4:

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 exempt teachers desiring to transfer to Georgia from other states from the Praxis examinations in certain circumstances; and for other purposes.

The Calendar was resumed.

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

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article I, Section II of the Constitution is amended by striking Paragraph VII and inserting in its place a new Paragraph to read as follows:
"Paragraph VII. Separation of church and state. No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution. However, nothing in this Paragraph or any other provision of this Constitution shall prohibit the use of money from the public treasury to support public health or social service programs for people in need which are provided without regard to any recipients religious affiliation, belief, practice, or

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JOURNAL OF THE SENATE

lack thereof by religious or sectarian organizations, religious denominations, or individual houses of worship, provided that no such public money shall be used for sectarian worship, instruction, or proselytization."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended 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 proselytization?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The Senate Judiciary Committee offered the following substitute to SR 1:
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, historic preservation, 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 proselytization; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article I, Section II of the Constitution is amended by striking Paragraph VII and inserting in its place a new Paragraph to read as follows:
"Paragraph VII. Separation of church and state. No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution. However, nothing in this Paragraph or any other provision of this Constitution shall prohibit the use of money from the public

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treasury to support public health, historic preservation, or social service programs for people in need which are provided without regard to any recipients religious affiliation, belief, practice, or lack thereof by separate charitable affiliates of religious or sectarian organizations, religious denominations, or individual houses of worship, provided that no such public money shall be used for sectarian worship, instruction, or proselytization."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended 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, historic preservation, 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 proselytization?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Senators Harp of the 16th, Levetan of the 40th and Adelman of the 42nd offered the following amendment:
Amend the substitute to SR 1 by adding after the word "proselytization" on line 5 on page 1 the following:
"or by entities that engage in any unlawful discrimination".
By striking line 20 on page 1 and inserting in its place the following: "such public money shall be used for sectarian worship, instruction, or proselytization, nor shall such public money be used by entities that engage in any unlawful discrimination.'"
By adding after the word "by" on line 2 on page 2 the following: "separate charitable affiliates of".
By adding after the word "proselytization" on line 6 on page 2 the following: ", nor shall such money be used by entities that engage in any unlawful discrimination".

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On the adoption of the amendment, the yeas were 41, nays 11, and the Harp, et al. amendment to the committee substitute was adopted.

On the adoption of the committee 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 adoption of the resolution by substitute, was agreed to as amended.

On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Adelman Y Balfour Y 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

Y Harbison Y Harp N 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

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

On the adoption of the resolution, the yeas were 42, nays 9.

The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

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 Stephens of the 51st asked unanimous consent that Senator Price of the 56th be excused. The consent was granted, and Senator Price was excused.

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

The Calendar was resumed.

SB 292. By Senators Seabaugh of the 28th, Unterman of the 45th, Kemp of the 3rd and Bowen of the 13th:

A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to law enforcement officers and agencies, so as to provide for the creation or adoption of pursuit policies by law enforcement agencies; to provide for the withholding of funding for noncompliance; 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:

Adelman Y Balfour Y Blitch Y Bowen
Brown Y Brush Y Bulloch
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 E Kemp,R Y Lamutt Y Lee
Levetan Y Me V Bremen Y Moody Y Mullis E Price Y Reed Y Seabaugh

E 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 47, nays 0.

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

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SB 345. By Senators Mullis of the 53rd, Bowen of the 13th, Jackson of the 50th, Smith of the 52nd, Hamrick of the 30th and Shafer of the 48th:

A BILL to be entitled an Act to amend Code Section 25-2-9 of the O.C.G.A., relating to the power of the state fire marshal and staff to make arrests and carry weapons, so as to revise the authority of the state fire marshal and staff to make arrests and carry weapons; to require that such personnel be certified peace officers; to provide for the power to execute certain arrest and search warrants; to provide a prohibition on resisting arrest by and interfering with the duties of such persons; to amend Code Section 35-8-10 of the O.C.G.A., relating to applicability of peace officer certification requirements generally, so as to include persons employed by the Office of the Commissioner of Insurance and Safety Fire Commissioner; 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 N Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks
Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall
Hamrick

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

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

On the passage of the bill, the yeas were 43, nays 4.

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

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SB 265. By Senators Thomas of the 10th and Thomas of the 54th:

A BILL to be entitled an Act to amend Code Section 31-11-53.2 of the Official Code of Georgia Annotated, relating to the use of automated external defibrillators by lay rescuers, so as to require the registration of automated external defibrillators with the Georgia Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senator Thomas of the 54th offered the following amendment:

Strike on page one, line 7, after the word "Section" the following "31-11-3.2" and replace with the following: "31-11-53.2"

Add on page one, line 15, following the word "state." the following sentence: "Automated external defibrillators utilized by health care providers licensed under Title 31 or health care professionals licensed under Title 43 shall not be subject to this code section."

On the adoption of the amendment, the yeas were 37, nays 0, and the Thomas of the 54th amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, 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
Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden

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

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

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Y Hall Y Hamrick

Reed Y Seabaugh

Y Zamarripa

On the passage of the bill, the yeas were 47, nays 0.

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

SB 344. By Senators Zamarripa of the 36th, Golden of the 8th, Smith of the 25th and Brown of the 26th:

A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefits plans, so as to provide for a consumer driven health plan (CDHP) for employees of the State of Georgia; to define CDHP design requirements; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Insurance and Labor Committee offered the following amendment:

Amend SB 344 by striking "December 1, 2003" on line 19 on page 2 and inserting in lieu thereof "July 1, 2004".

On the adoption of the amendment, the yeas were 33, 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 Y Collins Y Crotts

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

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

Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 0.

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

SB 262. By Senators Harp of the 16th, Tolleson of the 18th, Squires of the 5th, Brown of the 26th and Collins of the 6th:

A BILL to be entitled an Act to amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to applications and fees for drivers licenses, so as to provide that the department shall accept a military identification card from an applicant for a drivers license; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Public Safety and Homeland Security Committee offered the following amendment:

Amend SB 262 by striking line 9 of page 1 and inserting in lieu thereof the following:
"'(c.1) The department shall accept an identification card produced by the United States Department of Defense from an applicant for a drivers".

On the adoption of the amendment, the yeas were 34, 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 Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson (PRS)

E Seay Y Shafer Y 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 Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Kemp,B E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis E Price Y Reed Y Seabaugh

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 51, nays 0.

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

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.

Senators Hamrick of the 30th and Kemp of the 46th offered the following amendment #1:

Amend SR 220 by striking lines 18 through 20 of page 2 and inserting in lieu thereof the
following: "or otherwise available to their respective departments. The University of Georgia Carl
Vinson Institute of Government and legislative staff support services are authorized and
directed to provide clerical and staff support to the commission. Employees of the
University of Georgia Carl Vincent Institute of Government and of the General Assembly shall receive".

On the adoption of the amendment, the yeas were 37, nays 0, and the Hamrick, Kemp of the 46th amendment #1 was adopted.

Senator Balfour of the 9th offered the following amendment #2:

Amend SR 220 by striking "ten" on line 27 p. 2 and substituting "five"

On the adoption of the amendment, the yeas were 33, nays 5, and the Balfour amendment #2 was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

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1717

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 N Brown Y Brush Y Bulloch Y Butler
Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean
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 E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed
Seabaugh

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

On the adoption of the resolution, the yeas were 48, nays 1.

The resolution, having received the requisite constitutional majority, was adopted as amended.

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.

Senator Shafer of the 48th asked unanimous consent that SB 234 be dropped to the foot of the calendar. The consent was granted, and SB 234 was dropped to the foot of the Senate Rules Calendar for today.

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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.
The Senate Higher Education Committee offered the following substitute to SB 244:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to authorize tuition equalization grants for 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 change the amount of the HOPE scholarship for eligible students attending a private postsecondary institution; to provide for an exception; 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 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended in Code Section 20-3-411, relating to definitions relative to tuition equalization grants, by striking paragraph (3) and inserting in lieu thereof the following:
"(3) 'Eligible student' means a person who: (A) Is enrolled in or accepted for enrollment as a full-time an undergraduate level student in an approved school or as a graduate level student if funds are specifically appropriated in appropriations Acts of the General Assembly for payment of grants to graduate level students; (B) Is or will be a citizen of Georgia for a period of at least 12 months immediately prior to each date of registration in the approved school Meets requirements to be

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classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission for HOPE scholarship eligibility, which regulations shall be based upon the in-state tuition policy of the board of regents; (C) Is not knowingly promoting or engaging in any activity which is determined by the approved schools governing body to be detrimental to the school; and (D) In the case of an approved school located outside the State of Georgia, is enrolled or accepted for enrollment therein at an academic level beyond the sophomore academic classification and whose home residence is, by the nearest practical route of travel, located within 50 road miles of the approved school and more than 50 road miles from the nearest four-year institution of the University System of Georgia."
SECTION 2. Said chapter is further amended by striking Code Section 20-3-412, relating to entitlements to grants as specified in appropriations Acts and restrictions on grants, and inserting in lieu thereof the following:
"20-3-412. Each eligible student is entitled to a tuition equalization grant each academic year, as specified in appropriations Acts of the General Assembly. No grant shall be made to a student for study during the period of any summer school quarter or semester unless specifically authorized in appropriations Acts of the General Assembly. No grants shall be made to graduate students unless specifically authorized in appropriations Acts of the General Assembly. It is the intent of the General Assembly and the purpose of this program to provide tuition equalization grants to all Georgia students attending approved schools at all levels and throughout the entire calendar year whenever sufficient funds are available to the state. In no event shall an eligible student receive a tuition equalization grant for more than 127 semester hours or 190 quarter hours of his or her undergraduate program. No grant shall be made to any student not enrolled as a full-time student."
SECTION 3. Said chapter is further amended by striking Code Section 20-3-413, relating to applications for and payment of grants, certifications of eligibility, and refunds of grants, and inserting in lieu thereof the following:
"20-3-413. Each eligible student wishing to receive payment of the grant provided for in this subpart shall submit to the school an application for the grant payment at the time and in accordance with procedures prescribed by the authority. The authority is authorized to define such terms and prescribe such rules, regulations, and procedures as may be reasonable and necessary to carry out the purposes of this subpart. The authority shall not approve payment of any grant until it has received from an appropriate officer of the approved school a certification that the student applying for the grant is an eligible student. Upon timely receipt of such certification, in proper form, the authority is

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authorized to pay the grant to the approved school on behalf of and to the credit of the student. In the event a student on whose behalf a grant is paid shall not enroll as a fulltime student for the school term for which the grant is paid, the school shall make a refund to the authority in accordance with regulations of the authority."
SECTION 4. Said chapter is further amended in Code Section 20-3-519.3, relating to HOPE scholarship eligibility requirements for students attending private postsecondary institutions, by striking the introductory language and paragraph (1) of subsections (a), (b), (c), and (d) and by striking subsection (g) and inserting in lieu thereof the following:
"(a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission, which regulations shall be based upon the in-state tuition policy of the board of regents;". "(b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission, which regulations shall be based upon the in-state tuition policy of the board of regents;". "(c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission, which regulations shall be based upon the in-state tuition policy of the board of regents;". "(d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education;". "(g) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $3,000.00 for any academic year the cost of tuition and mandatory fees for a full-time student at the University of Georgia for an academic year. Notwithstanding the provisions of this subsection, the HOPE scholarship for an eligible student attending a private

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postsecondary institution shall not exceed the total tuition and mandatory fees at such institution."
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.

Senators Hamrick of the 30th and Clay of the 37th offered the following amendment:

Amend the Senate Higher Education Committee substitute to SB 244 by striking lines 2 and 3 of page 1 and inserting in lieu thereof the following:
"postsecondary education, so as to".

By striking lines 6 through 9 of page 1 and inserting in lieu thereof the following: "tuition equalization grant; to repeal conflicting laws; and for".

By striking lines 14 through 26 of page 1 and lines 1 through 9 of page 2 and inserting in lieu thereof the following:
"education, is amended by striking Code Section 20-3-412, relating to entitlements".

By striking lines 24 through 35 of page 2, lines 1 through 35 of page 3, and lines 1 through 7 of page 4.

By redesignating Section 5 as Section 2.

On the adoption of the amendment, the yeas were 31, nays 0, and the Hamrick, Clay amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 35, 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 Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson (PRS) Y Kemp,B

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

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

E 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 N Thomas,R Y Thompson Y Tolleson Y Unterman Y 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 by substitute.

SB 266. By Senators Meyer von Bremen of the 12th and Price of the 56th:

A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, so as to require postsecondary educational institutions to provide information on meningococcal meningitis; to require vaccination against meningococcal meningitis or a signed waiver for certain students enrolled in postsecondary educational institutions; to provide that postsecondary educational institutions shall not be required to pay for such vaccinations; to provide for legislative findings and intent; 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
Brush Bulloch Y Butler Y Cagle Y Cheeks Y Clay

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson (PRS) Y Kemp,B E Kemp,R Y Lamutt

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

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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 50, nays 0.

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

SB 317. By Senators Bulloch of the 11th, Meyer von Bremen of the 12th and Bowen of the 13th:

A BILL to be entitled an Act to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to season and bag limits, promulgation of rules and regulations by the board, possession of more than bag limit, and reporting number of deer killed, so as to change certain provisions relating to closed seasons for deer; to change certain provisions relating to open seasons, bag limits, and antler restrictions for deer; 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 N Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean

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

E Seay Y Shafer Y 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

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Y 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 passage of the bill, the yeas were 49, nays 2.

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

SB 293. By Senators Hamrick of the 30th and Stokes of the 43rd:

A BILL to be entitled an Act to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders and consent agreements, issuance, expiration, and enforcement, so as to change the duration of temporary protective orders; to provide for a short title; 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:

Adelman 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 E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

E 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
Thompson Y Tolleson
Unterman Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 49, nays 0.

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

SB 264. By Senators Stokes of the 43rd and Balfour of the 9th:

A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide for actions against community living arrangements and drug abuse treatment and education programs licensed by the Department of Human Resources; to provide for the relocation of residents of certain community living arrangements and patients of certain drug abuse treatment and education programs under certain conditions; to include community living arrangements in a definition of long-term care facility for purposes of reporting abuse or exploitation; to amend Title 37 of the O.C.G.A., relating to mental health, so as to provide for the licensing of community living arrangements by the Department of Human Resources; 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:

Adelman Y Balfour Y Blitch Y Bowen Y Brown
Brush Y Bulloch Y Butler Y Cagle Y Cheeks
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 (PRS) Y Kemp,B E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

E 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
Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

1726

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 48, nays 0.

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

Senator Harp of the 16th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.

The Calendar was resumed.

SB 312. By Senators Squires of the 5th, Butler of the 55th, Unterman of the 45th, Balfour of the 9th, Thomas of the 54th and Jackson of the 50th:

A BILL to be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to authorize counties and municipalities to establish programs for compensation to owners and operators of property which is damaged by graffiti; to provide that such compensation may be in the form of cash compensation or services or materials or a combination thereof; to provide for the establishment of such programs by ordinance; to authorize the Department of Community Affairs to provide assistance and to authorize the funding of grants; to authorize the requirement of restitution in criminal sentences; 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 Harbison Y Harp Y Henson Y Hill E Hooks Y Hudgens Y Jackson
Johnson (PRS) Y Kemp,B E Kemp,R Y Lamutt
Lee Y Levetan Y Me V Bremen Y Moody

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

TUESDAY, APRIL 8, 2003

1727

Y Gillis Y Golden Y Hall Y Hamrick

Y Mullis Y Price
Reed Y Seabaugh

Y Unterman Y Williams Y Zamarripa

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

The Calendar was resumed.

SB 313. By Senators Squires of the 5th, Butler of the 55th, Unterman of the 45th, Balfour of the 9th, Shafer of the 48th and others:

A BILL to be entitled an Act to amend Title 17 of the O.C.G.A., relating to criminal procedure, so as to authorize counties and municipalities to establish programs for compensation to owners of property which is damaged by graffiti; to provide the manner of compensation; to authorize the requirement of restitution in criminal sentences; to provide for use of inmate labor to remove certain graffiti from private property as a form of compensation to innocent victims of criminal trespass or criminal damage to property in the second degree; to amend Title 42 of the O.C.G.A., relating to penal institutions, so as to change certain provisions relating to use of inmates for private gain; 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
Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks

Y Harbison Y Harp Y Henson Y Hill E Hooks Y Hudgens
Jackson Johnson (PRS) Y Kemp,B E Kemp,R

E Seay Y Shafer Y Smith,F Y Smith,P Y Squires
Starr Stephens Y Stokes Y Tanksley 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 Lee
Y Levetan E Me V Bremen Y Moody Y Mullis Y Price
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 44, nays 0.

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

The following communication was received by the Secretary:

4/8/03

Please let the Journal of the Senate reflect that I wish to cast my vote as yea to SB 313. I pressed the green (yea) button but it didn't register on the board.

/s/ Carol Jackson of the 50th

The Calendar was resumed.

SB 342. By Senators Unterman of the 45th, Johnson of the 1st, Harbison of the 15th, Shafer of the 48th and Henson of the 41st:

A BILL to be entitled an Act to amend Code Section 50-5-69 of the Official Code of Georgia Annotated, relating to establishment of a central bid registry, so as to provide that the Department of Administrative Services shall provide for the advertisement of bid opportunities valued at $10,000.00 or more via the Georgia Procurement Registry by a municipality, county, or local board of education without cost to such local government or board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senators Thompson of the 33rd, Zamarripa of the 36th, Tanksley of the 32nd and Lamutt of the 21st offered the following amendment #1:

Amend SB 342 by inserting the following:

On line 13 after "a" the word "concurrent" and on line 14 after the word "advertisement" the phrase "with advertisement in the legal organ".

TUESDAY, APRIL 8, 2003

1729

After line 17 following subsection (b.1) a new subsection (b.2) to read as follows:

"(b.2) The Department of Administrative Services shall develop policies to encourage minority use of the Georgia Procurement Registry."

Senators Thompson of the 33rd, Zamarripa of the 36th, Tanksley of the 32nd and Lamutt of the 21st offered the following amendment #1a:

Amend amendment #1 to SB 342 by inserting the following:

On line 13 striking the word "a" and inserting the word "concurrent" immediately proceeding the word "means" and on line 14 after the word "advertisement" the phrase "with advertisement in the legal organ".

After line 17 following subsection (b.1) a new subsection (b.2) to read as follows:

"(b.2) The Department of Administrative Services shall develop policies to encourage minority use of the Georgia Procurement Registry."

On the adoption of the amendment #1a, Senator Thompson of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

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

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

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

1730

JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 27, nays 21, and the Thompson, et al. amendment #1a to the Thompson, et al. amendment #1, was adopted.

On the adoption of the Thompson, et al. amendment #1 as amended, the President ordered a roll call, and the vote was as follows:

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

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

E Seay Y Shafer N Smith,F N Smith,P N Squires N Starr N Stephens Y Stokes Y 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 24, nays 25, and the Thompson, et al. amendment #1 as amended, was lost.

Senator Fort of the 39th offered the following amendment #2:

Amend SB 342 by striking on line 16 of page 1 the word "required" and inserting in its place the word "permitted".

By striking the quotation marks at the end of line 17 of page 1 and inserting at the end of
said line the following: "Nothing in this subsection shall be construed as requiring municipalities, counties, or local boards of education to advertise in the Georgia Procurement Registry.'"

On the adoption of the amendment, Senator Fort of the 39th called for the yeas and nays; the call was sustained, and the vote was as follows:

TUESDAY, APRIL 8, 2003

1731

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

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

E 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 Y Thomas,R N Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 15, nays 33, and the Fort amendment #2 was lost.

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:

N 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 Harbison Y Harp Y Henson Y Hill E Hooks Y Hudgens N Jackson
Johnson (PRS) Y Kemp,B E Kemp,R Y Lamutt N Lee Y Levetan Y Me V Bremen Y Moody

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

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JOURNAL OF THE SENATE

Y Gillis N 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 44, nays 8.

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

SB 338. By Senators Hill of the 4th, Dean of the 31st and Hooks of the 14th:

A BILL to be entitled an Act to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to distribution of campaign contributions, so as to provide that ordinary and necessary expenses shall include expenses which, in the determination of the candidate or public officer, are incidental to the candidates campaign for public office or the public officers fulfillment or retention of such office; 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:

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

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

E 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

TUESDAY, APRIL 8, 2003

1733

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following communication was received by the Secretary:
4/8/03
Please record a yes vote on SB 338.
/s/ Senator Ginger Collins
The Calendar was resumed.
The President resumed the Chair.
Senator Mullis of the 53rd asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused.
The Calendar was resumed.
SB 348. By Senators Butler of the 55th, Thomas of the 10th, Stokes of the 43rd, Adelman of the 42nd, Thomas of the 54th and Henson of the 41st:
A BILL to be entitled an Act to amend Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to scrap tire disposal and storage, so as to provide that each county and municipality in the state shall adopt and enforce an ordinance regulating the storage of used tires; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Natural Resources and the Environment Committee offered the following amendment:
Amend SB 348 by adding after the semicolon on line 3 of page 1 the phrase "to change provisions relating to state reimbursement;".
By striking the word "division" on line 15 of page 1 and inserting in lieu thereof the following:
"division state".
By striking the word "board" on line 16 of page 1 and inserting in lieu thereof the following:
"board Board of Natural Resources".

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JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 37, nays 1, 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 N Brush Y Bulloch Y Butler N Cagle Y Cheeks Y Clay Y Collins N Crotts Y Dean Y Fort Y Gillis
Golden Y Hall Y Hamrick

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

E Seay Y Shafer Y Smith,F N 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 N Tolleson E Unterman N Williams
Zamarripa

On the passage of the bill, the yeas were 39, nays 9.

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

SR 265. By Senators Shafer of the 48th, Price of the 56th, Smith of the 52nd, Thomas of the 54th, Hudgens of the 47th and others:

A RESOLUTION urging the United States Senate to confirm the nomination of Miguel A. Estrada to the United States Court of Appeals for the District of Columbia Circuit; and for other purposes.

Senators Zamarripa of the 36th and Reed of the 35th offered the following amendment:

Amend SR 265 by inserting the following:

TUESDAY, APRIL 8, 2003

1735

On line 16 of page 2 after the word "resolution" the phrase "and a copy of the vote of the Senate indicating the individual vote of each Senator".

Senator Henson of the 41st moved that SR 265 be placed on the Table.

On the motion, a roll call was taken, and the vote was as follows:

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

Y Harbison N Harp Y Henson
Hill 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

E 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 motion, the yeas were 23, nays 29; the motion lost, and SR 265 was not placed on the Table.

On the adoption of the amendment, the President ordered a roll call, 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 Harbison N Harp Y Henson
Hill Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R

E Seay Y Shafer Y Smith,F
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 N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 50, nays 2, and the Zamarripa, Reed amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

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

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

E 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 N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa

On the adoption of the resolution, the yeas were 34, nays 18.

The resolution, having received the requisite constitutional majority, was adopted as amended.

TUESDAY, APRIL 8, 2003

1737

SB 357. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine a term; to repeal conflicting laws; and for other purposes.
The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 357:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine the term "rebuilder"; to amend Code Section 40-3-37 of the Official Code of Georgia Annotated, relating to salvaged or rebuilt motor vehicles, inspections, fees, exemption of motorcycles, and glider kits, so as to change certain provisions relating to inspections of salvaged or rebuilt motor vehicles and related fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," is amended by striking paragraph (11) and inserting in lieu thereof the following:
"(11) 'Rebuilder' means any person, partnership, limited liability company, firm, or corporation engaged in the business of buying more than three used, salvage, or wrecked motor vehicles per year for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as motor vehicles."
SECTION 2. Code Section 40-3-37 of the Official Code of Georgia Annotated, relating to salvaged or rebuilt motor vehicles, inspections, fees, exemption of motorcycles, and glider kits, is amended by striking paragraph (1) of subsection (b) and inserting in lieu thereof the following:
"(b)(1) Upon receipt of an application for a certificate of title on a salvaged or rebuilt motor vehicle, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. Upon receipt of an application for a certificate of title on a recovered stolen motor vehicle which has been stripped of:
(A) Substantially all its interior parts;

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JOURNAL OF THE SENATE

(B) Engine; (C) Transmission; (D) All doors; (E) Complete soft top assembly including roof mechanism; (F) Front clip assembly (fenders, hood, and bumper); or (G) Cab and bed of a pick-up truck, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification in regard to rebuilt vehicles that the word 'rebuilt' is permanently affixed as required by subsection (d) of this Code section, verification that the vehicle was rebuilt in the State of Georgia, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equipment standards required by law. The commissioner shall be authorized to charge a fee of $50.00 $100.00 for each initial inspection of each motor vehicle inspected. In the event a third or subsequent reinspection is required for any one motor vehicle under this Code section, the commissioner shall be authorized to charge a fee of $50.00 $100.00 for the third and each subsequent reinspection. The commissioner may conduct any such initial inspection and any required reinspections even though the motor vehicle may have been previously inspected under this Code section."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Cagle of the 49th offered the following amendment:
Amend the committee substitute to SB 357 by adding "more than one" after the word buying on page 1, line 15 and adding "per year" after the word vehicles on page 1, line 16.
On the adoption of the amendment, the yeas were 32, nays 3, and the Cagle amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 37, 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:

TUESDAY, APRIL 8, 2003

1739

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 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 N Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

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

On the passage of the bill, the yeas were 50, nays 4.

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

SB 282. By Senators Cheeks of the 23rd, Harp of the 16th, Tolleson of the 18th, Harbison of the 15th and Levetan of the 40th:

A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to provide that any person otherwise eligible for coverage who declined coverage because he or she was covered under a health insurance plan offered by the federal government based upon prior military service may, under certain conditions, begin or resume coverage under the state health insurance plan; 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 Harbison Y Harp Y Henson

E Seay Y Shafer Y Smith,F

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JOURNAL OF THE SENATE

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

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 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.

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.

The Senate Transportation Committee offered the following amendment:

Amend SB 138 by striking line 14 of page 1 and inserting in its place the following:
"or over, has completed the Georgia motorcycle safety training course, or has held a Class".

On the adoption of the amendment, the yeas were 41, nays 1, 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:

TUESDAY, APRIL 8, 2003

1741

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

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

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

On the passage of the bill, the yeas were 24, nays 30. The bill, having failed to receive the requisite constitutional majority, was lost.

SR 281. By Senators Collins of the 6th, Price of the 56th, Tate of the 38th, Johnson of the 1st, Fort of the 39th and Stephens of the 51st:

A RESOLUTION creating the Senate Study Committee on the Implementation of Children and Youth Services Improvement Plans; and for other purposes.

Senator Balfour of the 9th offered the following amendment:

Amend SR 281 by striking "ten" and substituting "five"

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson

E Seay N Shafer Y Smith,F N Smith,P Y Squires Y Starr Y Stephens

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JOURNAL OF THE SENATE

Butler Y Cagle Y Cheeks Y Clay N Collins Y Crotts Y Dean Y Fort Y Gillis
Golden Y Hall N Hamrick

Johnson Y Kemp,B Y Kemp,R Y Lamutt N Lee N Levetan Y Me V Bremen N Moody Y Mullis Y Price
Reed Y Seabaugh

N Stokes Tanksley Tate
Y Thomas,D Thomas,N
Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 39, nays 9, and the Balfour amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

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
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
Reed Y Seabaugh

E 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 adoption of the resolution, the yeas were 50, nays 0.

TUESDAY, APRIL 8, 2003

1743

The resolution, having received the requisite constitutional majority was adopted as amended.

SR 232. By Senators Harp of the 16th, Johnson of the 1st, Price of the 56th, Mullis of the 53rd and Squires of the 5th:

A RESOLUTION declaring support for a missile defense system; 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:

Adelman Y Balfour Y Blitch Y Bowen
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 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
Price Reed Y Seabaugh

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

On the adoption of the resolution, the yeas were 46, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Mullis of the 53rd asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused.

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SR 266. By Senators Shafer of the 48th, Williams of the 19th, Smith of the 52nd, Thomas of the 54th, Mullis of the 53rd and others:

A RESOLUTION urging the United States Senate to pass and the President of the United States to sign legislation that bans human cloning; 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:

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 N Fort Y Gillis Y Golden Y Hall
Hamrick

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

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

On the adoption of the resolution, the yeas were 40, nays 3.

The resolution, having received the requisite constitutional majority, was adopted.

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:

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HB 616. By Representative Parham of the 94th:

A BILL to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants, so as to provide that no on-the-road driving test is required of applicants moving from another state with a valid privilege in the other state; and for other purposes . The Calendar was resumed.

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.

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:

Adelman Y Balfour Y 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
Gillis Y Golden Y Hall Y Hamrick

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

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

On the adoption of the resolution, the yeas were 34, nays 8.

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The resolution, having received the requisite constitutional majority, was adopted.
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.
The Senate Special Judiciary Committee offered the following amendment:
Amend SR 35 by striking the "10" on line 33 of page 2 and inserting in lieu thereof the following:
"five".
By striking the "1" on line 8 of page 3 and inserting in lieu thereof the following: "31".
By striking "July 1, 2004" on line 10 of page 3 and inserting in lieu thereof the following: "December 31, 2003".
On the adoption of the amendment, the yeas were 51, nays 0, and the committee amendment was adopted.
Senator Balfour of the 9th offered the following amendment:
Amend SR 35 by striking line 10 of page 2 and inserting the following: "Committee on Assignments, three members of the House of Representatives to be appointed by".
By striking line 20 of page 2 and inserting the following: "designation or appointment. The Committee on Assignments and the Speaker of the House of".
On the adoption of the amendment, the yeas were 40, nays 4, and the Balfour amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to as amended.
On the adoption of the resolution, 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 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
Price Y Reed Y Seabaugh

E Seay Y Shafer Y Smith,F Y Smith,P Y Squires
Starr Y Stephens Y Stokes
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 51, nays 0.

The resolution, having received the requisite constitutional majority was adopted as amended.

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

HB 88. By Representative Dean of the 49th:

A BILL to amend Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales, and Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to prohibit the sale of tax executions; to make it unlawful to sell such tax executions; and for other purposes.

Referred to the Finance Committee.

HB 114. By Representatives Williams of the 128th, Bordeaux of the 125th, Skipper of the 116th, Mosley of the 129th, Post 1 and James of the 114th:

A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections generally, so as to provide that the election superintendent shall ensure that all ballots are counted before closing the

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election superintendent's office after a primary or election; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
HB 175. By Representatives Smith of the 13th, Post 2, Smith of the 87th, Smith of the 110th and Smith of the 76th:
A BILL to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions for offenses against public health and morals, so as to provide for the crime of smoking in a motor vehicle while a child is restrained in a child passenger restraining system; and for other purposes.
Referred to the Judiciary Committee.

HB 301. By Representative Crawford of the 91st:
A BILL to amend Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales, so as to provide for limitation of damages in civil actions by successful bidders for property sold in certain judicial and certain nonjudicial sales that are later rescinded; and for other purposes.
Referred to the Judiciary Committee.

HB 309. By Representative Twiggs of the 8th:
A BILL to amend Code Section 36-62-5.1of the Official Code of Georgia Annotated, relating to joint development authorities, so as to authorize the creation and activation of a joint development authority between a county of this state and a contiguous county of an adjoining state; and for other purposes.
Referred to the Interstate Cooperation Committee.

HB 318. By Representatives McClinton of the 59th, Post 1, Howard of the 98th, Ashe of the 42nd, Post 2, Mobley of the 58th, Sinkfield of the 50th and others:
A BILL to amend Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, so as to enact the "Adult Day

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1749

Center Licensure Act"; to provide a short title; to define terms; to provide the Department of Human Resources with the authority to promulgate regulations for the operation of adult day centers; and for other purposes.
Referred to the Health and Human Services Committee.
HB 359. By Representative Ashe of the 42nd, Post 2:
A BILL to amend Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for the detection or apprehension of perpetrators of felonies, so as to remove certain limitations with respect to the offering of such rewards by the governing authority of a county or municipality; and for other purposes.
Referred to the Judiciary Committee.
HB 367. By Representatives Keen of the 146th, Coleman of the 118th, Harbin of the 80th and Scott of the 138th:
A BILL to amend Article 2 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to creation and validity of express trusts, so as to provide for oral trust agreements for personal property; and for other purposes.
Referred to the Judiciary Committee.
HB 373. By Representative Twiggs of the 8th:
A BILL to amend Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electric membership corporations and foreign electric cooperatives, so as to require prior approval of transmission lines to be built for or on behalf of such entities; to define terms; to provide for a power plant and transmission line siting committee; to provide for the membership of the committee and their service and compensation; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 413. By Representatives Burkhalter of the 36th and Graves of the 106th:
A BILL to amend Code Section 12-2-4 of the Official Code of Georgia Annotated, relating to powers and duties of the Dept. of Natural Resources, so as to provide for processing of applications for certification of certain conservation use property for ad valorem tax purposes; to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem

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taxation of property, so as to provide for preferential assessment of bona fide conservation use property consisting of certain constructed storm water wetlands; to change certain provisions relating to bona fide conservation use property and bona fide residential transitional property; and for other purposes.
Referred to the Finance Committee.
HB 414. By Representative Jenkins of the 93rd:
A BILL to amend Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demurrers, motions, and special pleas and exceptions, so as to create time limits for filing pretrial motions; and for other purposes.
Referred to the Judiciary Committee.
HB 531. By Representative Royal of the 140th:
A BILL to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide for preferential assessment of environmentally contaminated property; to change certain provisions regarding definitions; to change certain provisions regarding assessment of property; and for other purposes.
Referred to the Finance Committee.
HB 590. By Representatives Greene-Johnson of the 60th, Post 3, Williams of the 61st, Post 2, Watson of the 60th, Post 2, Stephenson of the 60th, Post 1 and Fludd of the 48th, Post 4:
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 exempt teachers desiring to transfer to Georgia from other states from the Praxis examinations in certain circumstances; and for other purposes.
Referred to the Education Committee.
HB 594. By Representative Teper of the 42nd, Post 1:
A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide that the Board of Community Health is authorized to contract with

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1751

the community service boards for the inclusion in such plan of any person who retires as an employee of a community service board with at least ten years of actual service and after attaining the age of 60 years; and for other purposes.
Referred to the Health and Human Services Committee.
HB 598. By Representatives Harbin of the 80th, Keen of the 146th and Dodson of the 84th, Post 1:
A BILL to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, so as to provide that persons who, as an agent or representative, solicit, negotiate, procure, or effectuate insurance coverage on behalf of an insurer who is not authorized to do business in this state or take certain actions with regard to such insurance commit insurance fraud; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 616. By Representative Parham of the 94th:
A BILL to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants, so as to provide that no onthe-road driving test is required of applicants moving from another state with a valid privilege in the other state; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 645. By Representatives Benfield of the 56th, Post 1, Ehrhart of the 28th, Graves of the 106th, Chambers of the 53rd, Moraitakis of the 42nd, Post 4 and others:
A BILL to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to redefine the term "malt beverage"; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 708. By Representatives Oliver of the 56th, Post 2, Smyre of the 111th, Orrock of the 51st, Porter of the 119th, Greene of the 134th and others:
A BILL to amend Code Section 45-1-4 of the Official Code of Georgia Annotated, relating to complaints or information regarding fraud, waste, and abuse in state programs and operations, so as to change certain provisions

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regarding complaints or information regarding fraud, waste, or abuse in state programs and operations; and for other purposes.
Referred to the Judiciary Committee.
HB 709. By Representatives Ashe of the 42nd, Post 2, Holmes of the 48th, Post 1, McClinton of the 59th, Post 1 and Smyre of the 111th:
A BILL to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations and restrictions on certain local taxes, so as to provide that certain taxes shall be excluded in computing the limitation on the total amount of local sales and use taxes which may be levied; to provide certain exemptions from certain local sales and use taxes; and for other purposes.
Referred to the Finance Committee.
HB 726. By Representatives Powell of the 23rd, Westmoreland of the 86th and Harbin of the 80th:
A BILL to amend Code Section 43-15-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to professional engineers and land surveyors, so as to revise the definition of the term "land surveying"; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 735. By Representatives Smith of the 13th, Post 2 and Maddox of the 59th, Post 2:
A BILL to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated; and for other purposes.
Referred to the Insurance and Labor Committee.

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1753

HB 772. By Representatives Birdsong of the 104th, Warren of the 99th, Jenkins of the 93rd and Roberts of the 135th:
A BILL to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations relative to the operation of bingo games, so as to provide that members of a bona fide auxiliary unit of a licensed organization may assist in the operation of bingo games operated by such parent organization notwithstanding the fact that such auxiliary unit holds its own bingo license; and for other purposes.
Referred to the Economic Development and Tourism Committee.
HB 846. By Representatives Skipper of the 116th, Buck of the 112th, Porter of the 119th, Orrock of the 51st and Westmoreland of the 86th:
A BILL to amend the Official Code of Georgia Annotated so as to change references to certain committees of the Georgia Senate and House of Representatives in the Official Code of Georgia Annotated to conform such references to committee names as adopted by resolution by the Georgia Senate and the House of Representatives, respectively; to provide for editorial revision; and for other purposes.
Referred to the Rules Committee.
HB 893. By Representative Lane of the 101st:
A BILL to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide for legislative findings; to provide for definitions; to provide for certain certifications by tobacco manufacturers; to provide for a directory data base of certifying tobacco manufacturers; to establish a prohibition against sales by tobacco manufacturers not included in the directory data base; to require an in state agent for service of process; to provide for reporting requirements; to provide for penalties; to provide for administrative review; to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to prohibit the sale of certain cigarettes; and for other purposes.
Referred to the Economic Development and Tourism Committee.
HR 132. By Representatives Wilkinson of the 41st, Bunn of the 63rd, Ashe of the 42nd, Post 2, Heckstall of the 48th, Post 3, Franklin of the 17th and others:
A RESOLUTION designating the Keith Kalland Connector; and for other

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purposes.

Referred to the Transportation Committee.

HR 591. By Representatives Mobley of the 58th, Watson of the 60th, Post 2, Maddox of the 59th, Post 2, Stephenson of the 60th, Post 1, Oliver of the 56th, Post 2 and others:

A RESOLUTION designating the Judge Jim Weeks Intersection; and for other purposes.

Referred to the Transportation Committee.

HB 815. By Representatives Lane of the 101st, Walker of the 115th, Barnes of the 84th, Post 2, Warren of the 99th, Brock of the 5th and others:

A BILL to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to effective dates of hunting, fishing, and trapping licenses generally; to change certain provisions relating to licenses for archery and primitive weapons hunting, all weapons hunting licenses, license card carrier requirement, and lifetime sportsmen's licenses; to change certain provisions relating to license, permit, tag, and stamp fees; and for other purposes.

Referred to the Natural Resources and the Environment Committee.

The following messages were 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 380.

By Representatives Richardson of the 26th, O`Neal of the 117th, Massey of the 24th and Westmoreland of the 86th:

A BILL to provide for a referendum election to be held throughout the State of Georgia for the purpose of determining whether the qualified electors of Georgia desire that the "Current Georgia State Flag" be changed; to determine which flag, the "Pre-1956 Georgia State Flag" or the "Post1956 Georgia State Flag," the qualified electors of Georgia prefer in the

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event that a majority of the qualified electors of Georgia are in favor of changing the "Current Georgia State Flag"; and for other purposes.

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

HB 26.

By Representatives Broome of the 141st, Post 2, Sholar of the 141st, Post 1, Morris of the 120th, Barnard of the 121st, Post 1, Black of the 144th and others:

A BILL 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; and for other purposes.

HB 757.

By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Barnes of the 84th, Post 2:

A BILL to amend Code Section 26-2-268 of the Official Code of Georgia Annotated, relating to information labels affixed to cases of eggs, so as to provide for the use of certain labeling information concerning expiration dates on eggs; and for other purposes.

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

HB 316.

By Representatives Stoner of the 34th, Post 1, Teilhet of the 34th, Post 2, Ralston of the 6th, Hill of the 81st and Coleman of the 118th:

A BILL to amend Article 5 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records checks for persons supervising children, so as to provide that an employer may conduct criminal background checks from the National Crime Information Center of the Federal Bureau of Investigation on employees or volunteers supervising children; and for other purposes.

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

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

April 8, 2003

Dear Mr. Secretary,

Pursuant to Senate Rule 105c, this letter is to serve notice of my intent to move to engross HB 380.

Sincerely,

/s/ Tom Price

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

HB 26. By Representatives Broome of the 141st, Post 2, Sholar of the 141st, Post 1, Morris of the 120th, Barnard of the 121st, Post 1, Black of the 144th and others:

A BILL 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; and for other purposes.

Referred to the Natural Resources and the Environment Committee.

HB 316. By Representatives Stoner of the 34th, Post 1, Teilhet of the 34th, Post 2, Ralston of the 6th, Hill of the 81st and Coleman of the 118th:

A BILL to amend Article 5 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records checks for persons supervising children, so as to provide that an employer may conduct criminal background checks from the National Crime Information Center of the Federal Bureau of Investigation on employees or volunteers supervising children; and for other purposes.

Referred to the Children and Youth Committee.

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HB 757. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Barnes of the 84th, Post 2:
A BILL to amend Code Section 26-2-268 of the Official Code of Georgia Annotated, relating to information labels affixed to cases of eggs, so as to provide for the use of certain labeling information concerning expiration dates on eggs; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
Senator Price of the 56th moved that the Senate stand in recess until 12:00 a.m., then adjourn until 11:00 a.m., tomorrow.
At 9:45 p.m. the President announced that the motion prevailed.
The Senate adjourned at 12:00 a.m.

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Senate Chamber, Atlanta, Georgia Wednesday, April 9, 2003
Thirty-fourth 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 448.

By Representatives Holmes of the 48th, Post 1, Campbell of the 39th and Willard of the 40th:

A BILL to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), so as to change certain fees charged by the clerk and marshal of said court; and for other purposes.

HB 836.

By Representatives Mills of the 67th, Post 2, Rogers of the 20th, Amerson of the 9th, Reece of the 21st and Coan of the 67th, Post 1:

A BILL to amend an Act creating the State Court of Hall County, so as to provide for an additional judge for said court after June 30, 2003; and for other purposes.

HB 856.

By Representatives Barnes of the 84th, Post 2 and Dodson of the 84th, Post 1:

A BILL to amend an Act providing a new charter for the City of Hampton, so as to repeal a provision prohibiting persons holding elective office from serving on boards, commissions, and authorities; and for other purposes.

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HB 857. HB 871. HB 874. HB 880. HB 888. HB 890.
HB 896.

By Representatives Barnes of the 84th, Post 2 and Dodson of the 84th, Post 1:
A BILL to create the City of Hampton Public Facilities Authority; and for other purposes.
By Representatives Richardson of the 26th, Heath of the 18th and Maxwell of the 27th:
A BILL to amend an Act creating the Board of Commissioners of Paulding County, so as to revise the districts for the election of members of the board; and for other purposes.
By Representatives Massey of the 24th and Elrod of the 25th:
A BILL to amend an Act re-creating and establishing a Board of Commissioners of Barrow County, so as to provide for technical corrections with respect to reapportionment of districts for the election of members of the board of commissioners; and for other purposes.
By Representative Porter of the 119th:
A BILL to amend an Act providing a charter for the City of East Dublin, so as to change the corporate limits of the city; and for other purposes.
By Representative Hudson of the 95th:
A BILL to provide that future elections for the office of probate judge of McDuffie County shall be nonpartisan elections; and for other purposes.
By Representatives Fludd of the 48th, Post 4, Beasley-Teague of the 48th, Post 2, Lunsford of the 85th, Post 2, Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1 and others:
A BILL to amend an Act providing a new charter for the Town of Tyrone, so as to change the terms of office of the mayor and council and election provisions relating thereto; and for other purposes.
By Representatives Black of the 144th, Borders of the 142nd and Shaw of the 143rd:
A BILL to amend and supersede the laws pertaining to the governing authority of Lowndes County; to provide for a Board of Commissioners of

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Lowndes County; and for other purposes.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 377. By Senator Shafer of the 48th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Duluth, Georgia, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, particularly by an Act approved March 16, 1987 (Ga. L. 1987, p. 3914), so as to provide a new charter for the City of Duluth; to provide for incorporation, boundaries, and powers of the city, both specific and general; to provide for exercise of powers; to provide for governing authority of such city; to provide for terms of office, qualification for office, the creation of vacancies, and the filling of vacancies in office; to provide for compensation of members of the governing authority; to provide prohibitions for elected officials; to authorize inquiries and investigations by the governing authority; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 378. By Senator Smith of the 25th:
A BILL to be entitled an Act to amend an Act incorporating the City of Gray, approved August 22, 1911 (Ga. L. 1911, p. 1267), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes
Referred to the State and Local Governmental Operations Committee.
SB 379. By Senators Hooks of the 14th, Meyer von Bremen of the 12th and Bowen of the 13th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, particularly by an Act approved March 30,1993 (Ga. L. 1993, p. 4291), so as to change the description of the commission districts; to provide for definitions and inclusion; to provide for continuation in office of current members; to provide for elections; to provide for terms; to provide for submissions; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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SB 380. By Senators Hooks of the 14th, Meyer von Bremen of the 12th and Bowen of the 13th:
A BILL to be entitled an Act to amend an Act creating the Dougherty County school system, approved February 5, 1951 (Ga. L. 1951, p. 2233), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4749), so as to change the description of the education districts of the board of education of such school system; to provide for definitions and inclusions; to provide for elections; to provide for terms; to provide for submissions; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
The following House legislation was read the first time and referred to committee:
HB 448. By Representatives Holmes of the 48th, Post 1, Campbell of the 39th and Willard of the 40th:
A BILL to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), so as to change certain fees charged by the clerk and marshal of said court; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 836. By Representatives Mills of the 67th, Post 2, Rogers of the 20th, Amerson of the 9th, Reece of the 21st and Coan of the 67th, Post 1:
A BILL to amend an Act creating the State Court of Hall County, so as to provide for an additional judge for said court after June 30, 2003; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 856. By Representatives Barnes of the 84th, Post 2 and Dodson of the 84th, Post 1:
A BILL to amend an Act providing a new charter for the City of Hampton, so as to repeal a provision prohibiting persons holding elective office from serving on boards, commissions, and authorities; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 857. By Representatives Barnes of the 84th, Post 2 and Dodson of the 84th, Post 1:
A BILL to create the City of Hampton Public Facilities Authority; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 871. By Representatives Richardson of the 26th, Heath of the 18th and Maxwell of the 27th:
A BILL to amend an Act creating the Board of Commissioners of Paulding County, so as to revise the districts for the election of members of the board; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 874. By Representatives Massey of the 24th and Elrod of the 25th:
A BILL to amend an Act re-creating and establishing a Board of Commissioners of Barrow County, so as to provide for technical corrections with respect to reapportionment of 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 880. By Representative Porter of the 119th:
A BILL to amend an Act providing a charter for the City of East Dublin, so as to change the corporate limits of the city; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 888. By Representative Hudson of the 95th:
A BILL to provide that future elections for the office of probate judge of McDuffie County shall be nonpartisan elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 890. By Representatives Fludd of the 48th, Post 4, Beasley-Teague of the 48th, Post 2, Lunsford of the 85th, Post 2, Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1 and others:

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A BILL to amend an Act providing a new charter for the Town of Tyrone, so as to change the terms of office of the mayor and council and election provisions relating thereto; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 896. By Representatives Black of the 144th, Borders of the 142nd and Shaw of the 143rd:

A BILL to amend and supersede the laws pertaining to the governing authority of Lowndes County; to provide for a Board of Commissioners of Lowndes 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 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 122 Do Pass by substitute

Mr. President:

Respectfully submitted, Senator Hill of the 4th District, Chairman

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 403 HB 471 HB 657 HB 692 HB 825 HB 830 HB 842 HB 861 SB 206 SB 245

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass as amended

SB 289 SB 295 SB 320 SB 321 SB 322 SB 323 SB 327 SB 332 SB 343 SB 360

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Do Pass Do Pass Do Pass

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SB 288 Do Pass

SB 372 Do Pass

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

Senator Seabaugh of the 28th asked unanimous consent that Senator Collins of the 6th be excused. The consent was granted, and Senator Collins was excused.

Senator Starr of the 44th asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay 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.

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

Adelman Balfour Bowen Brown Bulloch Butler Cagle Cheeks Clay 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 Seabaugh

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

Those not answering were Senators:

Blitch (Excused) Henson Tanksley

Brush Reed

Collins (Excused) Seay (Excused)

Senator Tate of the 38th asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused.

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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.
The President introduced the chaplain of the day, Matthew Hill, Sergeant at Arms, who offered scripture reading and prayer.
Senator Unterman of the 45th introduced the doctor of the day, Dr. Marc Unterman.
Senator Kemp of the 3rd introduced Mary F. and Harold E. Jennings, commended by SR 359, adopted previously. Mr. and Mrs. Jennings addressed the Senate briefly. The following resolutions were read and adopted:
HR 692. By Representatives Coleman of the 118th, Skipper of the 116th, Buck of the 112th, Parrish of the 102nd, Morris of the 120th and others:
A RESOLUTION expressing regret at the passing of Paul D. Lynch; and for other purposes.
SR 375. By Senators Gillis of the 20th and Starr of the 44th:
A RESOLUTION honoring the life of Roy James Chappell and expressing deep regret at his passing; and for other purposes.
SR 376. By Senators Gillis of the 20th and Starr of the 44th:
A RESOLUTION honoring the life of A.B.C. "Brad" Dorminy, Jr., and expressing deep regret at his passing; and for other purposes.
SR 377. By Senators Gillis of the 20th and Starr of the 44th:
A RESOLUTION honoring F. Graham Liles, Jr., on the occasion of his retirement; and for other purposes.
SR 379. By Senator Smith of the 25th:
A RESOLUTION recognizing and congratulating Rosemary DePaolo; and for other purposes.

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SR 380. By Senators Henson of the 41st, Tate of the 38th, Adelman of the 42nd, Brown of the 26th, Dean of the 31st and others:
A RESOLUTION recognizing the Epilepsy Foundation of Georgias Zero Lunches/Zero Nos Day; and for other purposes.
SR 381. By Senators Meyer von Bremen of the 12th and Hooks of the 14th:
A RESOLUTION recognizing and commending J. Lamar Reese, Jr.; and for other purposes.
SR 382. By Senators Gillis of the 20th, Starr of the 44th, Bowen of the 13th, Dean of the 31st, Jackson of the 50th and others:
A RESOLUTION congratulating Honorable Hamilton McWhorter, Jr., on his 90th birthday; and for other purposes.
SR 383. By Senators Harp of the 16th, Harbison of the 15th, Hooks of the 14th and Moody of the 27th:
A RESOLUTION commending all USA Track & Field (USATF) Georgia members, past members, member organizations, and USATF related providers and declaring April 15, 2003, and henceforth annually as "USA Track & Field Recognition Day in Georgia"; and for other purposes.
SR 384. By Senator Thomas of the 10th:
A RESOLUTION commending Ashley Tanishia Anderson; and for other purposes.
SR 385. By Senator Thomas of the 10th:
A RESOLUTION commending Lanee Danielle Andrews; and for other purposes.
SR 386. By Senator Thomas of the 10th:
A RESOLUTION commending Laila Sabira Blackamore; and for other purposes.
SR 387. By Senator Thomas of the 10th:
A RESOLUTION commending Jennifer Nicole Crawford; and for other

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purposes. SR 388. By Senator Thomas of the 10th:
A RESOLUTION commending Akeem Flemister; and for other purposes. SR 389. By Senator Thomas of the 10th:
A RESOLUTION commending Andrea Danielle Hall; and for other purposes. SR 390. By Senator Thomas of the 10th:
A RESOLUTION commending Shante Johnson; and for other purposes. SR 391. By Senator Thomas of the 10th:
A RESOLUTION commending Crystal Evita Miles; and for other purposes. SR 392. By Senator Thomas of the 10th:
A RESOLUTION commending Shantice Nelson; and for other purposes. SR 393. By Senator Thomas of the 10th:
A RESOLUTION commending Tynesha LaShaun Manuel; and for other purposes. SR 394. By Senator Thomas of the 10th: A RESOLUTION commending Julius Maurice Miles; and for other purposes. SR 395. By Senator Thomas of the 10th: A RESOLUTION commending Kai Sharice Purnell; and for other purposes. SR 396. By Senator Thomas of the 10th: A RESOLUTION commending Kisha Scarlett; and for other purposes. SR 397. By Senator Thomas of the 10th: A RESOLUTION commending Stephanie Trawick; and for other purposes.

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SR 398. By Senator Thomas of the 10th: A RESOLUTION commending Lauren Janel White; and for other purposes.
SR 399. By Senator Thomas of the 10th: A RESOLUTION commending Erica Williams; and for other purposes.
SR 400. By Senator Tate of the 38th: A RESOLUTION commending the Atlanta Job Corps Center; and for other purposes.
Senator Tate of the 38th spoke to SR 400, commending Atlanta Job Corps Center. SR 401. By Senator Hill of the 4th:
A RESOLUTION commending Angela Varnadoe; and for other purposes. SR 402. By Senator Hill of the 4th:
A RESOLUTION recognizing Liberty Day in Georgia; and for other purposes. SR 403. By Senator Hill of the 4th:
A RESOLUTION commending Johnnie Catherine Banks Jones; and for other purposes. SR 404. By Senator Unterman of the 45th: A RESOLUTION commending the City of Buford for celebrating its historical leather industry and its connection with the late Roy Rogers; and for other purposes. SR 405. By Senator Unterman of the 45th: A RESOLUTION congratulating and commending Jim L. York; and for other purposes. SR 406. By Senator Unterman of the 45th: A RESOLUTION commending Frances Helms Kelley; and for other purposes.

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SR 407. By Senator Cheeks of the 23rd:

A RESOLUTION honoring Mrs. Blanchel A. Price on the occasion of her birthday; 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 Wednesday, April 9, 2003
Thirty-fourth Legislative Day

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

SB 206

Crotts of the 17th Brush of the 24th Lee of the 29th BUTTS COUNTY

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.

SB 245

Collins of the 6th Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Clay of the 37th Tate of the 38th COBB COUNTY

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.

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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 compensation of the chairperson of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. (AMENDMENT)
Hudgens of the 47th Kemp of the 46th Cagle of the 49th JACKSON COUNTY
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Jackson County and for the office of chief magistrate of Jackson County shall be nonpartisan elections held at the time of certain November general elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Hudgens of the 47th Jackson of the 50th FRANKLIN COUNTY
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Franklin County and for the office of chief magistrate of Franklin County shall be nonpartisan elections held at the time of certain November general elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Crotts of the 17th Smith of the 25th NEWTON COUNTY
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for

SB 320 SB 321 SB 322

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submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Seabaugh of the 28th Lee of the 29th TROUP COUNTY
A BILL to be entitled an Act to create the Troup County Public Facilities Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges, and earnings of the Authority, contract payments to the Authority, and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the Authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the Authority and to define the rights of the holders of such obligations; to repeal conflicting laws; and for other purposes.
Hooks of the 14th Harp of the 16th Lee of the 29th MERIWETHER COUNTY
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Meriwether County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Seabaugh of the 28th Lee of the 29th TROUP COUNTY
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved February 27, 1992 (Ga. L. 1992, p. 4796), so as to reconstitute the Board of Commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to

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SB 332

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provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
Seabaugh of the 28th Lee of the 29th TROUP COUNTY
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Troup County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Hamrick of the 30th Dean of the 31st TEMPLE, CITY OF
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Temple, approved March 28, 1974 (Ga. L. 1974, p. 3609), as amended, so as to change the description of the city council districts; to provide for definitions and inclusions; to provide for continuation in office of the current mayor and city councilmembers; to provide for election and terms of office of subsequent mayors and councilmembers; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)
Hudgens of the 47th HART COUNTY
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Hart County and for the office of chief magistrate of Hart County shall be nonpartisan elections held at the time of certain November general elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 343 SB 360 SB 372

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Jackson of the 50th WHITE COUNTY
A BILL to be entitled an Act to reconstitute the Board of Education of White County and provide for its powers, duties, rights, obligations, and liabilities; to provide for four district members and one at-large member; to provide for new districts; to provide for the election of members; to continue in office current members of such board; to provide for the filling of vacancies; to provide for the selection of a chairperson; to provide for related matters; to provide for superseding a local constitutional amendment; to provide for submission of this Act under the federal Voting Rights Act; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to be entitled an Act to create a board of elections and registration for Clayton County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection, appointment, and certification of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for organization, meetings, procedures, records, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide an effective date; to repeal conflicting laws; and for other purposes.
Johnson of the 1st Kemp of the 3rd McINTOSH COUNTY
A BILL to be entitled an Act to amend an Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4019), so as to provide new districts for the election of members; to renumber the education districts; to provide for the completion of terms; to provide that new districts and

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new numerical designations shall conform to those districts adopted for the board of commissioners in 1997; to provide for related matters; to provide for submission for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Starr of the 44th LAKE CITY, CITY OF
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.
Gillis of the 20th MONTGOMERY COUNTY
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.
Crotts of the 17th Brush of the 24th Seabaugh of the 28th Lee of the 29th SPALDING COUNTY
A BILL to amend an Act to provide a board of elections for Spalding County, so as to change the board of elections to a board of elections and registration; and for other purposes.
Bulloch of the 11th Bowen of the 13th MOULTRIE, CITY OF
A BILL to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the description of the council districts; and for other purposes.
Williams of the 19th ATKINSON COUNTY
A BILL to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson (now the board of

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commissioners of Atkinson County), so as to change the description of the commissioner districts; and for other purposes.

HB 830

Hill of the 4th TATTNALL COUNTY

A BILL to amend an Act providing for election of members of the board of education of Tattnall County, so as to change certain district descriptions for purposes of electing members of the board; and for other purposes.

HB 842

Hill of the 4th TATTNALL COUNTY

A BILL to amend an Act creating the board of commissioners of Tattnall County, so as to change certain district descriptions for purposes of electing members of the board; and for other purposes.

HB 861

Bowen of the 13th Williams of the 19th ABBEVILLE, CITY OF

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

The amendment and substitute to the following bills were put upon their adoption:

*SB 245:

The Senate State and Local Governmental Operations Committee offered the following amendment: Amend SB 245 by inserting on line 4 of page 1 immediately following the word "chairperson" the words "and the other commissioners".

By striking on line 13 of page 1 the amount "$28,933.00" and inserting in lieu thereof the amount "$35,000.00".

On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.

*SB 327:

The Senate State and Local Governmental Operations Committee offered the following

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substitute to SB 327:

A BILL TO BE ENTITLED AN ACT

To amend an Act providing a new charter for the City of Temple, approved March 28, 1974 (Ga. L. 1974, p. 3609), as amended, so as to change the description of the city council districts; to provide for definitions and inclusions; to provide for continuation in office of the current mayor and city councilmembers; to provide for election and terms of office of subsequent mayors and councilmembers; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a new charter for the City of Temple, approved March 28, 1974 (Ga. L. 1974, p. 3609), as amended, is amended by striking Sections 2-2, 2-3, and 2-3.1 and inserting in lieu thereof new Sections 2-2, 2-3, 2-3.1, 2-3.2, and 2-3.3 to read as follows:
"SECTION 2-2. No person shall be eligible for the office of mayor or councilmember if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law applicable to that office.

SECTION 2-3. The city council of the City of Temple which existed on December 31, 2003, is continued in existence, but on and after January 1, 2004, shall be constituted as provided in this Act. The city council of the City of Temple so continued and constituted, sometimes referred to in this Act as the 'council,' shall continue to have the powers, duties, rights, obligations, and liabilities of that council as existed immediately prior to January 1, 2004. The members of the city council other than the mayor shall be referred to as 'councilmembers.'
SECTION 2-3.1. (a) The mayor and those councilmembers of the City of Temple who are serving as such on December 31, 2003, and any person selected to fill a vacancy in any such office shall continue to serve as such mayor and councilmembers until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. Before assuming office, the mayor and each councilmember shall take an oath before a person duly authorized to administer oaths. On and after January 1, 2006, the city council of the City of Temple shall consist of five councilmembers each of whom shall be elected to represent one city council district described in subsection (b) of this section, and the mayor.

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(b) For purposes of electing members of the city council, other than the mayor, the City of Temple is divided into five city council districts. One councilmember shall be elected to represent each such district. The five city council districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: templecc2r Plan Type: Local User: Gina Administrator: Temple. (c) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the City of Temple which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Temple which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia.
SECTION 2-3.2. (a) In order to be elected as a councilmember from a district, a person must have that persons legal residence in that district and must have received a majority of votes cast as required by general law for that office in the entire city. At the time of qualifying for election as a councilmember from a district, each candidate for such office shall specify the city council district for which that person is a candidate. A person elected as a councilmember from a district must continue such residence in that district during that persons term of office or that office shall become vacant. (b) The mayor may reside anywhere within the City of Temple and must receive a majority of votes cast as required by general law for that office in the entire city. The mayor must continue to reside within the City of Temple during that persons term of office or that office shall become vacant.
SECTION 2-3.3. (a) The municipal general election for the City of Temple shall be conducted on the Tuesday next following the first Monday in November of each odd-numbered year. Councilmembers from Council Districts 3, 4, and 5 shall be elected at the municipal general election in 2003, shall take office the first day of January immediately following that election, and shall serve for initial terms of office which expire December 31, 2007, and upon the election and qualification of their respective successors. The mayor and councilmembers from Council Districts 1 and 2 shall be

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elected at the municipal general election in 2005, shall take office the first day of January immediately following that election, and shall serve for initial terms of office which expire December 31, 2009, and upon the election and qualification of their respective successors. Those and all future successors to the mayor and councilmembers whose terms of office are to expire shall be elected at the time of the municipal general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each and until their respective successors are elected and qualified. (b) The mayor and councilmembers who are elected thereto shall be elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (c) All elections shall be nonpartisan and no political party or body shall hold or conduct primaries for the purpose of nominating candidates for mayor or councilmember. No candidates name shall appear on a general municipal election ballot with a political party designation. (d) Council Districts 1, 2, 3, 4, and 5, as they existed on January 1, 2003, shall continue to be designated as Council Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after January 1, 2004, such councilmembers serving from those former city council districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."
SECTION 2. The city council of the City of Temple shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. This section and Section 2 of this Act and those provisions of this Act necessary for the election of the members of the city council of the City of Temple in 2003 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2004.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Plan Name: templecc2r Plan Type: Local User: Gina Administrator: Temple Redistricting Plan Components Report

WEDNESDAY, APRIL 9, 2003
District 001 Carroll County
Tract: 9902 BG: 1 1035 1036 1038 1039 1040 1041 1042 1043 1044 1997 1998 BG: 2 2037 2038 2045 2046 2047 2048 2049 2076 2077 BG: 3 3009 3010
District 002 Carroll County
Tract: 9902 BG: 2 2064 2065 2066 2067 2068 2069 2070 That part of Block 2071 which lies south of the right-of-way of Rocking D Road
BG: 3 3004 3005 3006 3007 3008 3011 3012 3013 3014 3015 3018
District 003 Carroll County
Tract: 9902 BG: 2 2050 2062 2063 2073 2074 2075 That part of Block 2071 which lies within the right-of-way of Rocking D Road District 004 Carroll County Tract: 9902 BG: 1 1019 1024 1999 BG: 2 2017 2018 2019 2026 2027 2028 2029 2030 2032 2033 2034 2035 2036 2039 2042 2051 2052 2053 2056 2995 2996
District 005 Carroll County
Tract: 9902 BG: 1 1020 1021 1022 1023 1028 1029 1030 1031 1032 1033 1034 1037 1045

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BG: 2 2040 2041 2043 2044 2078 2079

Haralson County Tract: 9803 BG: 1 1095

On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted.

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

On the passage of the bills 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
Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts
Dean Fort Y Gillis Y Golden Y Hall Y Hamrick

Y 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 Moody Y Mullis Y Price Y Reed Y Seabaugh

E Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr
Stephens Y Stokes Y 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 bills, the yeas were 48, nays 0.

The bills on the Local Consent Calendar, except SB 245 and SB 327 having received the requisite constitutional majority, were passed.

SB 245, having received the requisite constitutional majority, was passed as amended.

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SB 327, having received the requisite constitutional majority, was passed by substitute.

The time having arrived for the motion to engross HB 380, no motion was offered, and the President referred HB 380 to the Rules Committee.

Senator Kemp of the 46th asked unanimous consent that Senator Stephens of the 51st be excused. The consent was granted, and Senator Stephens was excused.

SENATE RULES CALENDAR WEDNESDAY, APRIL 9, 2003 THIRTY-FOURTH LEGISLATIVE DAY

HB 266

Public School Employees Retirement; increase benefit (RET-47th) Cummings-19th

HB 268

Peace Officers' Annuity and Benefit Fund; increase dues (RET-47th) Cummings-19th

HB 270

Judges of the Probate Courts Retirement; certain application; date benefits begin (RET-47th) Cummings-19th

HB 157

Coastal management; continuation of provisions (NR&E-20th) Day-126th

Respectfully submitted,

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

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

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.

Senate Sponsor: Senator Hudgens of the 47th.

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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 January 16, 2003

The Honorable Bill Cummings State Representative State Capitol, Room 402 Atlanta, Georgia 30334
Dear Representative Cummings:

SUBJECT: State Auditor's Certification House Bill 266 (LC 21 7135)

This bill would amend provisions relating to retirement benefits for members of the Public School Employees Retirement System. Specifically, this bill would authorize the Board of Trustees to grant a benefit increase to retired members, provided the increase does not exceed the maximum amount allowed by law. Currently, the maximum monthly benefit for retired members of this System is $15 for each year of creditable service. The decision to increase the retirement benefit must be based upon the recommendations of the actuary, the actuarial soundness of the fund, and other factors as the Board of Trustees deems relevant.

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 E Blitch Y Bowen Y Brown Y Brush Y Bulloch

Y Harbison Y Harp E Henson Y Hill Y Hooks Y Hudgens Y Jackson

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

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1783

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

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 50, nays 0.

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

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.

Senate Sponsor: Senator Hudgens of the 47th.

Senator Thompson of the 33rd asked unanimous consent that HB 268 be dropped to the foot of the calendar. The consent was granted and HB 268 was dropped to the foot of the Senate Rules Calendar for today.

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.

Senate Sponsor: Senator Hudgens of the 47th.

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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 January 28, 2003

The Honorable Bill Cummings State Representative State Capitol, Room 402 Atlanta, Georgia 30334
Dear Representative Cummings:

SUBJECT: State Auditor's Certification House Bill 270 (LC 21 7164)

This bill would amend provisions relating to the application of retirement benefits under the Judges of the Probate Courts Retirement Fund. Specifically, this bill would require members to file an application for retirement within a period of 90 days after reaching the age of 60 years or after termination of service, whichever is later. If the application is filed after such time, then retirement benefits will become effective on the first day of the month following the date the application is filed. If the delay in filing the application is due to a physical or mental disability, however, the benefits will still be paid as if the application had been filed within the 90-day period.

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 Balfour
E Blitch Y Bowen Y Brown Y Brush Y Bulloch

Y Harbison Y Harp E Henson Y Hill Y Hooks Y Hudgens Y Jackson

E Seay Y Shafer Y Smith,F Y Smith,P N Squires Y Starr E Stephens

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1785

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

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 Stokes Y Tanksley
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 45, nays 2.

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

Senator Balfour of the 9th asked unanimous consent that Senator Lee of the 29th be excused. The consent was granted, and Senator Lee was excused.

The Calendar was resumed.

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.

Senate Sponsor: Senator Gillis of the 20th.

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 Brown Y Brush Y Bulloch

Y Harbison Y Harp E Henson Y Hill Y Hooks Y Hudgens Y Jackson

E Seay Y Shafer Y Smith,F Y Smith,P N Squires Y Starr E Stephens

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

Johnson Y Kemp,B Y Kemp,R Y Lamutt E Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

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 47, nays 2.

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

Senator Stokes of the 43rd asked unanimous consent that Senator Levetan of the 40th be excused. The consent was granted, and Senator Levetan was excused.

The Calendar was resumed.

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.

Senate Sponsor: Senator Hudgens of the 47th.

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 January 21, 2003
The Honorable Bill Cummings State Representative State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification

WEDNESDAY, APRIL 9, 2003

1787

Dear Representative Cummings:

House Bill 268 (LC 21 7137)

This bill would amend provisions relating to member contributions paid to the Peace Officers' Annuity and Benefit Fund. Specifically, this bill would increase the dues paid by members from $10 per month to $20 per month. Additionally, members purchasing creditable service for prior service would be required to purchase such service at the increased rate of $20 per month for the full period of time in which creditable service is desired. Interest would continue to be compounded annually at 10 percent per annum, from the date the prior service was rendered to the date of payment for all years claimed as prior service.

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 E Blitch Y Bowen Y 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
Hamrick

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

E Seay Y Shafer Y Smith,F Y Smith,P N Squires Y Starr E 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

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On the passage of the bill, the yeas were 45, nays 3.
The bill, having received the requisite constitutional majority, was passed.
The following communication was received by the Secretary:
The State Senate Atlanta, Georgia 30334
To: Frank Eldridge Secretary of the Senate
Please cast a "yes" vote for House Bill 268. My voting machine is currently malfunctioning.
Sincerely,
/s/ Kasim Reed
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 12:40 p.m.

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1789

Senate Chamber, Atlanta, Georgia Thursday, April 10, 2003
Thirty-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 876. HB 904. HB 907.

By Representatives Massey of the 24th and Elrod of the 25th:
A BILL to amend an Act providing authority for members of the Board of Education of Barrow County, so as to provide for technical corrections with respect to reapportionment of districts for the election of members of the board of education; and for other purposes.
By Representative Lane of the 101st:
A BILL to provide that future elections for the office of chief magistrate of Screven County shall be nonpartisan elections; and for other purposes.
By Representative Stephens of the 123rd:
A BILL to amend an Act creating a new charter for the City of Pooler, so as to change provisions relating to the powers and duties of the mayor; to provide for a city manager; and for other purposes.

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HB 909.

By Representatives Wix of the 33rd, Post 1, Teilhet of the 34th, Post 2, Golick of the 34th, Post 3, Ehrhart of the 28th, Manning of the 32nd and others:

A BILL to amend an Act creating the board of commissioners of Cobb County, so as to change the provisions relating to the compensation of the commissioners; and for other purposes.

HB 910. By Representatives Powell of the 23rd and Jamieson of the 22nd:

A BILL to amend an Act providing a new charter for the City of Lavonia, so as to change the provisions regarding the city's boundaries; and for other purposes.

HB 913. By Representative James of the 114th:

A BILL to create a board of elections and registration for Macon County and provide for its powers and duties, so as to provide for definitions; to provide for the composition of the board and the selection and appointment of members; and for other purposes.

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

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.

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

SB 94.

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1791

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

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 following Senate legislation was introduced, read the first time and referred to committee:
SB 381. By Senator Meyer von Bremen of the 12th:
A BILL to be entitled an Act to provide for the holding of a nonbinding referendum in Baker County in conjunction with the 2004 General Election on the question of whether the contract between the Baker County Board of Education and the Mitchell County Board of Education that consolidates the Baker County High School with the Mitchell County High School should be allowed to expire and the Baker County High School students be returned to Baker County to receive their education in the future; to provide for related matters; to repeal conflicting laws; and for other purposes
Referred to the State and Local Governmental Operations Committee.
SB 382. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Mitchell County; to provide for

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terms of office; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee.

The following House legislation was read the first time and referred to committee:
HB 876. By Representatives Massey of the 24th and Elrod of the 25th:
A BILL to amend an Act providing authority for members of the Board of Education of Barrow County, so as to provide for technical corrections with respect to reapportionment of 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 904. By Representative Lane of the 101st:
A BILL to provide that future elections for the office of chief magistrate of Screven County shall be nonpartisan elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 907. By Representative Stephens of the 123rd:
A BILL to amend an Act creating a new charter for the City of Pooler, so as to change provisions relating to the powers and duties of the mayor; to provide for a city manager; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 909. By Representatives Wix of the 33rd, Post 1, Teilhet of the 34th, Post 2, Golick of the 34th, Post 3, Ehrhart of the 28th, Manning of the 32nd and others:
A BILL to amend an Act creating the board of commissioners of Cobb County, so as to change the provisions relating to the compensation of the commissioners; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 910. By Representatives Powell of the 23rd and Jamieson of the 22nd:
A BILL to amend an Act providing a new charter for the City of Lavonia, so as

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1793

to change the provisions regarding the city's boundaries; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 913. By Representative James of the 114th:

A BILL to create a board of elections and registration for Macon County and provide for its powers and duties, so as to provide for definitions; to provide for the composition of the board and the selection and appointment of members; 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:

HB 680 Do Pass Mr. President:

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

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 recommendations:

HB 93 HB 290 HB 492

Do Pass Do Pass Do Pass by substitute

HB 544 HB 550 HB 621

Do Pass by substitute Do Pass Do Pass

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

Mr. President:

The Higher Education 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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HB 95

Do Pass as amended

HB 341 Do Pass

Respectfully submitted,

Senator Hamrick of the 30th District, Chairman

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:

HB 117 HB 215 HB 721

Do Pass Do Pass Do Pass

Mr. President:

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

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:

HB 237 Do Pass by substitute HB 444 Do Pass HB 597 Do Pass
Respectfully submitted, Senator Gillis of the 20th 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:

HR 175 Do Pass Mr. President:

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

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 173 HB 226 HB 385

Do Pass Do Pass Do Pass by substitute

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Mr. President:

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

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 335 HB 782 HB 786

Do pass Do pass Do pass

Mr. President:

Respectfully submitted, Senator Unterman of the 45th 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:

HB 185 HB 503 HR 28 HR 81 HR 107

Do Pass Do Pass Do Pass Do Pass Do Pass

HR 115 HR 128 HR 146 HR 212

Do Pass Do Pass Do Pass Do Pass

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

The following legislation was read the second time:

HB 122

Senator Seabaugh of the 28th asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused.

Senator Adelman of the 42nd asked unanimous consent that Senator Kemp of the 3rd be excused. The consent was granted, and Senator Kemp was excused.

Senator Starr of the 44th asked unanimous consent that Senators Thompson of the 33rd and Seay of the 34th be excused. The consent was granted, and Senators Thompson and Seay were excused.

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

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Adelman Balfour Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Crotts Dean 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 Shafer Smith,F Smith,P Squires Starr Stephens Stokes Tanksley Tate Thomas,D Thomas,R Unterman Zamarripa

Those not answering were Senators:

Blitch Kemp, R. (Excused) Thompson (Excused)

Collins Seay (Excused) Tolleson

Fort Thomas, N. Williams (Excused)

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

Senators:

Fort

Tolleson

Senator Seabaugh of the 28th asked unanimous consent that Senator Collins of the 6th be excused. The consent was granted, and Senator Collins was excused.

The members pledged allegiance to the flag.

Senator Reed of the 35th introduced the chaplain of the day, Reverend Dr. Walter L. Kimbrough of Atlanta, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 408. By Senator Tolleson of the 18th:

A RESOLUTION commending the Middle Georgia College Lady Warriors basketball team; and for other purposes.

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SR 409. By Senators Harp of the 16th, Tolleson of the 18th, Moody of the 27th, Crotts of the 17th, Meyer von Bremen of the 12th and others:
A RESOLUTION commending the men and women of the Georgia National Guard and declaring National Guard Day in Georgia; and for other purposes.
SR 410. By Senator Squires of the 5th:
A RESOLUTION commending and congratulating Steven Douglas Weimar; and for other purposes.
Senator Tolleson of the 18th asked unanimous consent that Senator Crotts of the 17th be excused. The consent was granted, and Senator Crotts was excused.
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, April 10, 2003 Thirty-fifth Legislative Day

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

HB 335

Gillis of the 20th Brush of the 24th WASHINGTON COUNTY

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.

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 782

Hill of the 4th Williams of the 19th Gillis of the 20th TOOMBS COUNTY

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A BILL to provide for a homestead exemption from Toombs 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; to provide for definitions; and for other purposes.

HB 786

Hill of the 4th Williams of the 19th Gillis of the 20th TOOMBS COUNTY

A BILL to provide for a homestead exemption from Toombs County School District ad valorem taxes for educational 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; 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
Y Blitch Y Bowen Y Brown
Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay E Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

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

E 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
Zamarripa

On the passage of the local legislation, the yeas were 44, nays 0.

THURSDAY, APRIL 10, 2003

1799

The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.
Senator Dean of the 31st recognized Allatoona Community Action Partnership Inc., commended by SR 365, adopted previously.
Senator Squires of the 5th recognized Gerald Edwards with the Emu Association, commended by SR 192, adopted previously. Mr. Edwards addressed the Senate briefly.
Senator Lee of the 29th introduced J.T. "Tommy" Gresham, commended by SR 149, adopted previously. Mr. Gresham addressed the Senate briefly.

Senator Tanksley of the 32nd introduced the doctor of the day, Dr. Tom Cooper.

SENATE RULES CALENDAR THURSDAY, APRIL 10, 2003 THIRTY-FIFTH LEGISLATIVE DAY

SR 146

Educational Testing, Study Committee on; create (ED-28th)

SR 273

State Government Cost Control, Senate Commission; Senate Private Sector Advisory Committee; establishing (RULES-56th)

HB 307

Structural pest control; insurance requirements (AG&CA-11th) Ray-108th

HB 54

Eye bank operators; amend provisions (H&HS-54th) Childers-13th

HB 285

Soil erosion and sedimentation; amend provisions; Stakeholder Advisory Board (NR&E-49th) Stokes-72nd

HB 108

Fraud; failure to pay for Christmas trees and horticultural crops (AG&CA-11th) Ray-108th

HR 90

Veterans Memorial Highway; designate; Banks County veterans; commend (TRANS-47th) Jamieson-22nd

HB 177

Real estate appraisers, brokers, and salespersons; amend provisions (RI&Util-28th) Powell-23rd

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 146. By Senator Seabaugh of the 28th:

A RESOLUTION creating the Senate Study Committee on Educational Testing; and for other purposes.

Senator Tate of the 38th offered the following amendment:

Amend SR 146 by inserting on line 2 of page 2 immediately following the word Senate ", who have teaching experience in a school accredited by the Southeastern Association of Colleges and Schools,"

On the adoption of the amendment, the yeas were 10, nays 21, and the Tate amendment was lost.

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 Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay E Collins E Crotts
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 E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

E 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 adoption of the resolution, the yeas were 50, nays 0.

THURSDAY, APRIL 10, 2003

1801

The resolution, having received the requisite constitutional majority, was adopted.

SR 273. By Senators Price of the 56th, Johnson of the 1st, Balfour of the 9th, Seabaugh of the 28th, Williams of the 19th and others:

A RESOLUTION establishing the Senate Commission on Georgia State Government Cost Control and the Senate Private Sector Advisory Committee on Georgia State Government Cost Control; 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
Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay E Collins E Crotts
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 E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

E 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
Thomas,R E Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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

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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.

Senate Sponsor: Senator Bulloch of the 11th.

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 E 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 Y Johnson Y Kemp,B E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

E 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
Thomas,R E Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

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

Senator Stokes of the 43rd asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused.

The Calendar was resumed.

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

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1803

Annotated, relating to eye banks, so as to change the provisions regarding who may operate eye banks; and for other purposes.

Senate Sponsor: Senator Thomas of the 54th.

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
Bulloch Y Butler Y Cagle Y Cheeks Y Clay E Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall
Hamrick

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

E 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
Thomas,R E 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.

Senator Jackson of the 50th asked unanimous consent that Senator Stokes of the 43rd be excused. The consent was granted, and Senator Stokes was excused.

Senator Hooks of the 14th asked unanimous consent that Senator Meyer von Bremen of the 12th be excused. The consent was granted, and Senator Meyer von Bremen was excused.

The Calendar was resumed.

1804

JOURNAL OF THE SENATE

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 surfacewater use generally; and for other purposes.
Senate Sponsor: Senator Cagle of the 49th.
Senators Cagle of the 49th, Starr of the 44th and Gillis of the 20th offered the following amendment #1:
Amend HB 285 (HB 285/CSFA) by striking lines 29 through 32 of page 23 and inserting in lieu thereof the following:
"(11) Public water system reservoirs.".
On the adoption of the amendment, the yeas were 30, nays 0, and the Cagle, et al. amendment #1 was adopted.
Senator Brush of the 24th offered the following amendment #2:
Amend HB 285 by striking on pg 18 lines 21 after buffer, to the end of sentence.

Senator Brush of the 24th asked unanimous consent that his amendment #2 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Brush of the 24th offered the following amendment #3:
Amend HB 285 by striking on pg 18 lines 21 after the word buffer or, through line 23 And.
On the adoption of the amendment, the yeas were 9, nays 24, and the Brush amendment #3 was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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1805

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 Y Clay E 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 E Kemp,R Y Lamutt Y Lee Y Levetan E Me V Bremen Y Moody Y Mullis Y Price
Reed Y Seabaugh

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

On the passage of the bill, the yeas were 44, nays 3.

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

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.

Senate Sponsor: Senator Bulloch of the 11th.

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 Harbison Y Harp

E Seay Y Shafer

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JOURNAL OF THE SENATE

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

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

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

On the passage of the bill, the yeas were 44, nays 1.

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

HR 90. By Representative Jamieson of the 22nd:

A RESOLUTION commending the Military Veterans of Banks County and designating the Veterans Memorial Highway; and for other purposes.

Senate Sponsor: Senator Hudgens of the 47th.

Senator Balfour of the 9th asked unanimous consent that HR 90 be dropped to the foot of the calendar. The consent was granted, and HR 90 was dropped to the foot of the Rules Calendar for today.

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

THURSDAY, APRIL 10, 2003

1807

as to add certain definitions; to provide requirements for nonresident licenses; and for other purposes.

Senate Sponsor: Senator Seabaugh of the 28th.

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
Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay E 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
Johnson Y Kemp,B E Kemp,R Y Lamutt
Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price
Reed Y Seabaugh

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

On the passage of the bill, the yeas were 43, nays 0.

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

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 12:46 p.m.

1808

JOURNAL OF THE SENATE