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

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 TWO
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

FRIDAY, APRIL 11, 2003

1809

Senate Chamber, Atlanta, Georgia Friday, April 11, 2003
Thirty-sixth 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 862.

By Representatives Rogers of the 15th, Knox of the 14th, Post 1, Murphy of the 14th, Post 2, Franklin of the 17th, Hill of the 16th and others:

A BILL to amend an Act creating the State Court of Cherokee County, so as to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which said technology fees may be put; and for other purposes.

HB 915.

By Representatives Williams of the 4th, Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:

A BILL to provide a homestead exemption from Whitfield County school district ad valorem taxes for educational purposes in the amount of $150,000.00 of the assessed value of the homestead for certain residents of that school district who are 70 years of age or over; and for other purposes.

HB 916.

By Representatives Manning of the 32nd, Ehrhart of the 28th, Wilkinson of the 41st, Teilhet of the 34th, Post 2, Dooley of the 33rd, Post 3 and others:

A BILL to create the Gateway Regional Information Center, Inc. as a public body corporate and politic, a political subdivision of the state, and a

1810

JOURNAL OF THE SENATE

HB 919. HB 920. HB 921. HB 922. HB 924. HB 925.

public corporation to have the responsibility and authority to operate the Gateway Center, the pilot program for privatization of public rest stops located in Cobb County, and to promote tourism, conventions, trade shows, and state products throughout Cobb County, Georgia, and the State of Georgia; and for other purposes.
By Representatives Harbin of the 80th and Fleming of the 79th:
A BILL to provide for the compensation of the coroner of Columbia County; and for other purposes.
By Representative Powell of the 23rd:
A BILL to amend an Act entitled "An Act to reconstitute the Board of Education of Hart County and provide for its powers, duties, rights, obligations, and liabilities," so as to change the description of the education districts; and for other purposes.
By Representative Powell of the 23rd:
A BILL to amend an Act entitled "An Act to create the Board of Commissioners of Hart County," so as to change the description of the commissioners districts; and for other purposes.
By Representatives McBee of the 74th, Heard of the 75th and Smith of the 76th:
A BILL to amend an Act providing a charter for the unified government of Athens-Clarke County, so as to provide for nonpartisan elections for certain officers thereof; and for other purposes.
By Representatives Greene of the 134th and Hanner of the 133rd:
A BILL to provide that future elections for the office of probate judge of Stewart 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 Early County shall be nonpartisan elections; and for other purposes.

FRIDAY, APRIL 11, 2003

1811

HB 926.

By Representatives Greene of the 134th and Hanner of the 133rd:
A BILL to provide that future elections for the office of probate judge of Calhoun County shall be nonpartisan elections; and for other purposes.

HB 927.

By Representatives Smith of the 87th, Westmoreland of the 86th, Brown of the 89th, Harper of the 88th, Post 2 and Butler of the 88th, Post 1:
A BILL to provide a board of elections for Coweta County; to define its powers and duties concerning primaries and elections; and for other purposes.

HB 936.

By Representative Lane of the 101st:
A BILL to create the Screven County Public Facilities Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority; and for other purposes.

HB 938.

By Representatives Smith of the 76th and Douglas of the 73rd:
A BILL to create the Oconee County Public Facilities Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority; and for other purposes.

HB 939. HB 940.

By Representatives Lunsford of the 85th, Post 2, Maddox of the 59th, Post 2, Greene-Johnson of the 60th, Post 3, Watson of the 60th, Post 2, McClinton of the 59th, Post 1 and others:
A BILL to amend an Act creating a new charter for the City of Locust Grove, so as to revise certain provisions relating to membership of elected officials on boards, commissions, and authorities; and for other purposes.
By Representative Royal of the 140th:
A BILL to provide a new charter for the City of Sale City; and for other purposes.

1812

JOURNAL OF THE SENATE

HB 944.

By Representatives DeLoach of the 127th, Keen of the 146th, Mosley of the 129th, Post 1, Oliver of the 121st, Post 2, Barnard of the 121st, Post 1 and others:

A BILL to create the Liberty County Public Facilities Authority and to provide for the appointment of members of the Authority; and for other purposes.

HB 958. By Representatives Hanner of the 133rd and Rynders of the 137th:

A BILL to provide that the tax commissioner of Lee County shall retain a percentage of educational funds collected by said officer and remit the same to the governing authority of Lee County to reimburse the county for the cost of collecting school taxes; and for other purposes.

HB 959. By Representative Hanner of the 133rd:

A BILL to provide for the filling of vacancies in the office of sheriff of Chattahoochee County; and for other purposes.

HB 960. By Representatives Walker of the 115th and James of the 114th:

A BILL to repeal the amendment to the Georgia Constitution which created the Perry Industrial Building Authority, which amendment to the Constitution was proposed by Resolution Act No. 219 of the 1962 General Assembly and was continued in force and effect by an Act approved March 20, 1986; to provide that the property of the authority shall revert to the City of Perry; and for other purposes.

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

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.

FRIDAY, APRIL 11, 2003

1813

The House has passed, as amended, by the requisite constitutional majority the following Bills of the Senate:

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.

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.

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

SB 383. By Senators Lee of the 29th, Harp of the 16th and Hooks of the 14th:

A BILL to be entitled an Act to create a board of elections and registration for Meriwether 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; to provide for the qualification, terms, and removal of members; 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 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.

1814

JOURNAL OF THE SENATE

SB 384. By Senator Henson of the 41st:
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 a member of the board of directors may serve as a voting member of a regional development center; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 385. By Senators Clay of the 37th and Thompson of the 33rd:
A BILL to be entitled an Act to create the Gateway Regional Information Center, Inc. as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to operate the Gateway Center, the pilot program for privatization of public rest stops located in Cobb County, Georgia, and to promote tourism, conventions, trade shows, and state products throughout Cobb County, Georgia, and the State of Georgia; to provide a short title; to define terms; to provide for the creation, organization, powers, duties, and operations of the authority; to provide for legislative findings and declaration of purposes of this Act; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SR 413. By Senator Fort of the 39th:
A RESOLUTION expressing opposition to gender discrimination and urging the Augusta National Golf Club to review and to reverse its discriminatory policy of excluding women from its membership; and for other purposes.
Referred to the Rules Committee.
SR 416. By Senators Levetan of the 40th, Tate of the 38th, Stokes of the 43rd, Reed of the 35th, Unterman of the 45th and others:
A RESOLUTION creating the Senate Hospital Indigent Care Funding Study Committee; and for other purposes.
Referred to the Rules Committee.
The following House legislation was read the first time and referred to committee:

FRIDAY, APRIL 11, 2003

1815

HB 862. By Representatives Rogers of the 15th, Knox of the 14th, Post 1, Murphy of the 14th, Post 2, Franklin of the 17th, Hill of the 16th and others:
A BILL to amend an Act creating the State Court of Cherokee County, so as to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which said technology fees may be put; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 915. By Representatives Williams of the 4th, Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide a homestead exemption from Whitfield County school district ad valorem taxes for educational purposes in the amount of $150,000.00 of the assessed value of the homestead for certain residents of that school district who are 70 years of age or over; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 916. By Representatives Manning of the 32nd, Ehrhart of the 28th, Wilkinson of the 41st, Teilhet of the 34th, Post 2, Dooley of the 33rd, Post 3 and others:
A BILL to create the Gateway Regional Information Center, Inc. as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to operate the Gateway Center, the pilot program for privatization of public rest stops located in Cobb County, and to promote tourism, conventions, trade shows, and state products throughout Cobb County, Georgia, and the State of Georgia; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 919. By Representatives Harbin of the 80th and Fleming of the 79th:
A BILL to provide for the compensation of the coroner of Columbia County; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

1816

JOURNAL OF THE SENATE

HB 920. By Representative Powell of the 23rd:
A BILL to amend an Act entitled "An Act to reconstitute the Board of Education of Hart County and provide for its powers, duties, rights, obligations, and liabilities," so as to change the description of the education districts; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 921. By Representative Powell of the 23rd:
A BILL to amend an Act entitled "An Act to create the Board of Commissioners of Hart County," so as to change the description of the commissioners districts; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 922. By Representatives McBee of the 74th, Heard of the 75th and Smith of the 76th:
A BILL to amend an Act providing a charter for the unified government of Athens-Clarke County, so as to provide for nonpartisan elections for certain officers thereof; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 924. By Representatives Greene of the 134th and Hanner of the 133rd:
A BILL to provide that future elections for the office of probate judge of Stewart County shall be nonpartisan elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 925. By Representative Greene of the 134th:
A BILL to provide that future elections for the office of probate judge of Early County shall be nonpartisan elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

FRIDAY, APRIL 11, 2003

1817

HB 926. By Representatives Greene of the 134th and Hanner of the 133rd:
A BILL to provide that future elections for the office of probate judge of Calhoun County shall be nonpartisan elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 927. By Representatives Smith of the 87th, Westmoreland of the 86th, Brown of the 89th, Harper of the 88th, Post 2 and Butler of the 88th, Post 1:
A BILL to provide a board of elections for Coweta County; to define its powers and duties concerning primaries and elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 936. By Representative Lane of the 101st:
A BILL to create the Screven County Public Facilities Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 938. By Representatives Smith of the 76th and Douglas of the 73rd:
A BILL to create the Oconee County Public Facilities Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 939. By Representatives Lunsford of the 85th, Post 2, Maddox of the 59th, Post 2, Greene-Johnson of the 60th, Post 3, Watson of the 60th, Post 2, McClinton of the 59th, Post 1 and others:
A BILL to amend an Act creating a new charter for the City of Locust Grove, so as to revise certain provisions relating to membership of elected officials on boards, commissions, and authorities; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

1818

JOURNAL OF THE SENATE

HB 940. By Representative Royal of the 140th:
A BILL to provide a new charter for the City of Sale City; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 944. By Representatives DeLoach of the 127th, Keen of the 146th, Mosley of the 129th, Post 1, Oliver of the 121st, Post 2, Barnard of the 121st, Post 1 and others:
A BILL to create the Liberty County Public Facilities 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 958. By Representatives Hanner of the 133rd and Rynders of the 137th:
A BILL to provide that the tax commissioner of Lee County shall retain a percentage of educational funds collected by said officer and remit the same to the governing authority of Lee 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 959. By Representative Hanner of the 133rd:
A BILL to provide for the filling of vacancies in the office of sheriff of Chattahoochee County; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 960. By Representatives Walker of the 115th and James of the 114th:
A BILL to repeal the amendment to the Georgia Constitution which created the Perry Industrial Building Authority, which amendment to the Constitution was proposed by Resolution Act No. 219 of the 1962 General Assembly and was continued in force and effect by an Act approved March 20, 1986; to provide that the property of the authority shall revert to the City of Perry; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

FRIDAY, APRIL 11, 2003

1819

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 147 HB 293 HB 757

Do Pass Do Pass Do Pass

HB 798 HR 357

Do Pass Do Pass

Respectfully submitted, Senator Bulloch of the 11th District, Chairman

The following communication was received by the Secretary:

Mr. Frank Eldridge Secretary of the Senate Georgia General Assembly

The State Senate Atlanta, Georgia 30334

April 11, 2003

Dear Mr. Eldridge,

As Chairman of the Senate Children and Youth committee, I authorize Senator Joey Brush to lead the meeting scheduled for April 10, 2003, at 2:00 p.m. in the event of my absence. Senator Brush is the Vice-Chairman of Children and Youth and will be signing the committee report in my place.
Sincerely,

Mr. President:

/s/ Senator Ginger Collins

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:

HB 479

Do Pass as amended Respectfully submitted, Senator Brush of the 24th District, Vice-Chairman

1820

JOURNAL OF THE SENATE

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:

HB 519 HB 596 HB 893

Do Pass Do Pass Do Pass

Respectfully submitted, Senator Mullis of the 53rd 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 43 HB 346 HB 422 HB 517 HB 527

Do Pass by substitute Do Pass Do Pass by substitute Do Pass as amended Do Pass

HB 531 HB 537 HB 595 HB 626 HB 748

Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, Senator Cagle of the 49th 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 56 HB 372

Do Pass by substitute Do Pass by substitute

HB 521 HR 228

Do Pass as amended Do Pass

Respectfully submitted, Senator Thomas of the 54th 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:

FRIDAY, APRIL 11, 2003

1821

HB 259 HB 598 HB 619

Do Pass Do Pass by substitute Do Pass by substitute

HB 638 HB 735 HB 792

Do Pass by substitute Do Pass Do Pass by substitute

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 recommendations:

HB 309 HB 324

Do Pass 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:

HB 32 HB 236 HB 261 HB 339 HB 462

Do Pass Do Pass Do Pass Do Pass Do Pass

HB 463 HB 470 HB 722 HB 770

Do Pass by substitute Do Pass Do Pass by substitute Do Pass by substitute

Respectfully submitted, Senator Tanksley of the 32nd 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:

HB 26 HB 304 HB 509

Do Pass Do Pass Do Pass

HB 579 HB 815

Do Pass as amended Do Pass by substitute

Respectfully submitted, Senator Gillis of the 20th District, Chairman

1822

JOURNAL OF THE SENATE

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:

HB 182 Do Pass

HB 581 Do Pass

HB 191 Do Pass as amended

HB 616 Do Pass as amended

HB 319 Do Pass as amended

HB 688 Do Pass as amended

HB 397 Do Pass

Respectfully submitted,

Senator Bowen of the 13th 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:

HB 352 HB 493

Do Pass as amended Do Pass

HB 506 HB 726

Do Pass Do Pass

Mr. President:

Respectfully submitted, Senator Seabaugh of the 28th District, Chairman

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 267 HB 289 HB 461

Do Pass Do Pass Do Pass by substitute

Mr. President:

Respectfully submitted, Senator Hudgens of the 47th 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 recommendation:

HB 144

Do Pass by substitute Respectfully submitted, Senator Thomas of the 2nd District, Chairman

FRIDAY, APRIL 11, 2003

1823

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 419 HB 500 HB 501 HB 623 HB 780 HB 783 HB 784 HB 785 HB 787 HB 800 HB 803 HB 826 HB 839 SB 202 SB 209

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass as amended

SB 251 SB 252 SB 270 SB 275 SB 276 SB 308 SB 362 SB 363 SB 364 SB 366 SB 368 SB 369 SB 373 SB 377

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

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

The following legislation was read the second time:

HB 26 HB 32 HB 43 HB 56 HB 93 HB 95 HB 117 HB 144 HB 147 HB 173 HB 182 HB 185 HB 191 HB 215 HB 226

HB 236 HB 237 HB 259 HB 261 HB 267 HB 289 HB 290 HB 293 HB 304 HB 309 HB 319 HB 324 HB 339 HB 341 HB 346

HB 352 HB 372 HB 385 HB 397 HB 422 HB 444 HB 461 HB 462 HB 463 HB 470 HB 479 HB 492 HB 493 HB 503 HB 506

HB 509 HB 517 HB 519 HB 521 HB 527 HB 531 HB 537 HB 544 HB 550 HB 579 HB 581 HB 595 HB 596 HB 597 HB 598

HB 616 HB 619 HB 621 HB 626 HB 638 HB 680 HB 688 HB 721 HB 722 HB 726 HB 735 HB 748 HB 757 HB 770

HB 792 HB 798 HB 815 HB 893 HR 28 HR 81 HR 107 HR 115 HR 128 HR 146 HR 175 HR 212 HR 228 HR 357

1824

JOURNAL OF THE SENATE

Senator Thomas of the 2nd 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:

Balfour Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Collins Crotts Dean Fort Gillis Golden Hall 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,R Thompson Tolleson Unterman Williams Zamarripa

Those not answering were Senators:

Adelman Seay (Excused)

Blitch Thomas, N.

Hamrick

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 Hill of the 4th introduced the chaplain of the day, Dr. Bob Rogers of Rincon, Georgia, who offered scripture reading and prayer.

Senator Smith of the 52nd introduced the doctor of the day, Dr. Tim McDermott.

The following resolutions were read and adopted:

SR 411. By Senator Smith of the 52nd:

A RESOLUTION commending Leonard Burge; and for other purposes.

FRIDAY, APRIL 11, 2003

1825

SR 412. By Senator Smith of the 52nd:

A RESOLUTION recognizing and commending Britt Evans, Rodney Jones, and Tony Eaton of the Chattooga County Rescue Squad; and for other purposes.

SR 414. By Senators Mullis of the 53rd, Johnson of the 1st, Price of the 56th, Zamarripa of the 36th, Butler of the 55th and others:

A RESOLUTION urging the President of the United States and the presidents of the 33 other democratic nations of the Western Hemisphere to locate the Secretariat of the Free Trade Area of the Americas in Atlanta, Georgia, and declaring support; and for other purposes.

SR 415. By Senators Hall of the 22nd, Cheeks of the 23rd, Gillis of the 20th, Hill of the 4th, Blitch of the 7th and others:

A RESOLUTION commending the Woodpecker Trail Association and urging the Department of Transportation to assist in the development of the Woodpecker Trail; and for other purposes.

SR 417. By Senator Seabaugh of the 28th:

A RESOLUTION commending Jean Reynolds; and for other purposes.

Senator Seabaugh of the 28th introduced Jean Reynolds, the reigning AAAAA Georgia High School Golf Champion, commended by SR 417. Ms. Reynolds addressed the Senate briefly.

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, April 11, 2003
Thirty-sixth Legislative Day

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

SB 202

Dean of the 31st Clay of the 37th Smith of the 52nd Thomas of the 54th CARTERSVILLE BUILDING AUTHORITY

1826 SB 209 SB 251

JOURNAL OF THE SENATE
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 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.
Squires of the 5th Thomas of the 10th Levetan of the 40th Henson of the 41st Adelman of the 42nd Stokes of the 43rd Butler of the 55th DEKALB COUNTY
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. (AMENDMENT)
Hudgens of the 47th Brush of the 24th WARREN COUNTY
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.

SB 252 SB 270 SB 275
SB 276

FRIDAY, APRIL 11, 2003

1827

Hudgens of the 47th HART COUNTY
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.
Cheeks of the 23rd WRENS, CITY OF
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.
Hooks of the 14th MACON COUNTY
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 amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Hooks of the 14th MACON COUNTY
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

1828 SB 308 SB 362 SB 363 SB 364

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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.
Dean of the 31st Clay of the 37th Smith of the 52nd Thomas of the 54th CARTERSVILLE-BARTOW COUNTY
A BILL to be entitled an Act to amend an Act creating the Joint Cartersville-Bartow 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.
Golden of the 8th LOWNDES COUNTY
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.
Golden of the 8th Bulloch of the 11th THOMAS COUNTY
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.
Bulloch of the 11th Bowen of the 13th COLQUITT COUNTY

SB 366
SB 368 SB 369

FRIDAY, APRIL 11, 2003

1829

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.
Shafer of the 48th SUGAR HILL, CITY OF
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.
Bulloch of the 11th GRADY COUNTY
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.
Hooks of the 14th MACON COUNTY
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; 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

1830 SB 373 SB 377
HB 419 HB 500

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certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
Hudgens of the 47th Cagle of the 49th MADISON COUNTY
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.
Shafer of the 48th DULUTH, CITY OF
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.
Bulloch of the 11th COLQUITT, CITY OF
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.
Meyer von Bremen of the 12th TERRELL COUNTY
A BILL to provide that future elections for the office of chief

FRIDAY, APRIL 11, 2003

1831

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.

HB 501

Meyer von Bremen of the 12th TERRELL COUNTY

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.

HB 623

Dean of the 31st Clay of the 37th Smith of the 52nd Thomas of the 54th BARTOW COUNTY

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.

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

HB 780

Williams of the 19th LYONS, CITY OF

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.

HB 783

Williams of the 19th Gillis of the 20th VIDALIA, CITY OF

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

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year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.
Williams of the 19th Gillis of the 20th VIDALIA, CITY OF
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.
Williams of the 19th SANTA CLAUS, CITY OF
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.
Bulloch of the 11th PELHAM, CITY OF
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. (SUBSTITUTE)
Smith of the 25th MILLEDGEVILLE, CITY OF
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.
Blitch of the 7th NASHVILLE, CITY OF
A BILL to amend an Act to establish a new charter for the City of

FRIDAY, APRIL 11, 2003

1833

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 826

Williams of the 19th ATKINSON COUNTY

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.

HB 839

Blitch of the 7th ST. MARY'S, CITY OF

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.

The amendment and substitute to the following bills were put upon their adoption:

*SB 209:

The Senate State and Local Governmental Operations Committee offered the following amendment:

Amend SB 209 by inserting immediately before the period on line 10 of page 3 the
following: "; and if the member at large is not appointed in a timely manner, the position of that
member shall remain vacant until filled as provided in subsection (b) of Section 2 of this Act".

By inserting immediately before the semicolon on line 14 of page 3 the following: "and except that the member at large shall not hold over after the expiration of his or her
term of office and that position shall be vacant if not filled in a timely manner until it is filled as provided in subsection (b) of Section 2 of this Act".

By inserting immediately before the period on line 7 of page 5 the following: "or at such other facility as may be provided by the county for the boards meetings".

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On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.
*HB 787:
The State and Local Governmental Operations Committee offered the following substitute to HB 787:
A BILL TO BE ENTITLED AN ACT
To amend an Act providing a new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3787), an Act approved March 30, 1989 (Ga. L. 1989, p. 4407), and an Act approved February 26, 1999 (Ga. L. 1999, p. 3513), so as to change the municipal election dates and terms of municipal officers and members of the board of education; to provide for numbered posts; to provide for submissions and 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 a new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3787), an Act approved March 30, 1989 (Ga. L. 1989, p. 4407), and an Act approved February 26, 1999 (Ga. L. 1999, p. 3513), is amended by striking subsection (c) of Section 5.10 and inserting in its place a new subsection to read as follows:
"(c) Commencing with the election in 1987 and thereafter, the council shall be composed of seven members. Three councilmembers shall be elected from District 1 and four councilmembers shall be elected from District 2. After the municipal general election in 2003, councilmembers elected from District 1 shall be elected from numbered posts, Post 1, Post 2, and Post 3, and councilmembers elected from District 2 shall be elected from numbered posts, Post 1, Post 2, Post 3, and Post 4. Only those persons residing within a district shall be qualified to vote for candidates for the city council from such district."
SECTION 2. Said Act is further amended by striking subsections (e) and (f) of Section 5.10 and inserting in their place the following:
"(e) The mayor and seven councilmembers in office on January 1, 2003, and any person selected to fill a vacancy in such office, shall continue to serve out their terms of office, which shall expire December 31, 2003, and upon the election and qualification of their respective successors.
(f)(1) Municipal general elections for the City of Pelham shall be conducted on the Tuesday next following the first Monday in November of each odd-numbered year.

FRIDAY, APRIL 11, 2003

1835

At the municipal general election in 2003, three councilmembers shall be elected from District 1, with the person receiving the highest number of votes serving in Post 1, the person receiving the second highest number of votes serving in Post 2, and the person receiving the third highest number of votes serving in Post 3. At the municipal general election in 2003, four councilmembers shall be elected from District 2, with the person receiving the highest number of votes serving in Post 1, the person receiving the second highest number of votes serving in Post 2, the person receiving the third highest number of votes serving in Post 3, and the person receiving the fourth highest number of votes serving in Post 4. Persons first elected to District 1, Post 1 and Post 2 and District 2, Post 1 and Post 2 shall take office the first day of January, 2004, and serve for initial terms of office of four years each and until their respective successors are elected and qualified. Persons first elected to District 1, Post 3 and District 2, Post 3 and Post 4 shall take office the first day of January, 2004, and serve for initial terms of office of two years each and until their respective successors are elected and qualified. (2) Successors to councilmembers whose terms of office are to expire shall be elected at the municipal general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and, except as established under paragraph (1) of this subsection, shall serve for terms of four years each and until their respective successors are elected and qualified. Each person seeking election from a council district after the municipal general election in 2003 shall designate the current district and post for which that person seeks election. (3) At the municipal general election in 2003 and every four years thereafter, the mayor of the City of Pelham shall be elected to take office the first day of January immediately following such election and to serve for a term of office of four years and until a successor is elected and qualified."
SECTION 3. Said Act is further amended by striking subsections (c), (e), and (f) of Section 6A.10 and inserting in their respective places the following:
"(c) Elections for members of the board shall be held at the time of the municipal general elections. After the election in 2003, members of the board elected from Education District 1 shall be elected from numbered posts, Post 1, Post 2, and Post 3 and members of the board elected from Education District 2 shall be elected from numbered Posts, Post 1, Post 2, Post 3, and Post 4. Only those persons residing within a district shall be qualified to vote for members of the board of education from that district. All elections for members of the board shall be by plurality vote and shall be nonpartisan and without any primary." "(e) Members of the board in office January 1, 2003, and any person selected to fill a vacancy in such office, shall continue to serve out their terms of office, which shall expire December 31, 2003, and upon the election and qualification of their respective successors.

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(f)(1) At the municipal general election in 2003, three members of the board shall be elected from Education District 1, with the person receiving the highest number of votes serving in Post 1, the person receiving the second highest number of votes serving in Post 2, and the person receiving the third highest number of votes serving in Post 3. At the municipal general election in 2003, four members of the board shall be elected from Education District 2, with the person receiving the highest number of votes serving in Post 1, the person receiving the second highest number of votes serving in Post 2, the person receiving the third highest number of votes serving in Post 3, and the person receiving the fourth highest number of votes serving in Post 4. Persons first elected to Education District 1, Post 1 and Post 2 and Education District 2, Post 1 and Post 2 shall take office the first day of January, 2004, and serve for initial terms of office of four years each and until their respective successors are elected and qualified. Persons first elected to Education District 1, Post 3 and Education District 2, Post 3 and Post 4 shall take office the first day of January, 2004, and serve for initial terms of office of two years each and until their respective successors are elected and qualified. (2) Successors to members of the board whose terms of office are to expire shall be elected at the municipal general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and, except as established under paragraph (1) of this subsection, shall serve for terms of four years each and until their respective successors are elected and qualified. Each person seeking election from an education district after the municipal general election in 2003 shall designate the current education district and post for which that person seeks election."
SECTION 4.
The governing authority of the City of Pelham 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 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 50, 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.

FRIDAY, APRIL 11, 2003

1837

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 Y Blitch Y Bowen Y Brown Y Brush
Bulloch Y Butler
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
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
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 50, nays 0.

The bills on the Local Consent Calendar, except SB 209 and HB 787, having received the requisite constitutional majority, were passed.

SB 209, having received the requisite constitutional majority, was passed as amended.

HB 787, having received the requisite constitutional majority, was passed by substitute.

SENATE RULES CALENDAR FRIDAY, APRIL 11, 2003
THIRTY-SIXTH LEGISLATIVE DAY

HB 122

General appropriations; FY 2003 - 2004 (Substitute)(APPROP-4th) Coleman-118th

Respectfully submitted,

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

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JOURNAL OF THE SENATE

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

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 and ending June 30, 2004; and for other purposes.

Senate Sponsor: Senator Hill of the 4th.

The Senate Committee on Appropriations offered the following substitute to HB 122:

A BILL TO BE ENTITLED AN ACT

To make and provide appropriations for the State Fiscal Year beginning July 1, 2003, and ending June 30, 2004; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2003, and ending June 30, 2004, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves, new revenues, and a revenue estimate of $14,716,544,107 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2004.

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

$ 34,018,833 $ 17,732,026 $ 5,457,157 $ 2,545,940 $ 103,000 $ 3,500 $0

FRIDAY, APRIL 11, 2003

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 Senate Budget Office Total

Total Funds $ 6,221,083 $ 481,638 $ 1,240,872 $ 620,008 $ 8,563,601

House Functional Budgets
House of Representatives and Research Office Speaker of the House's Office Clerk of the House's Office Total

Total Funds $ 13,369,712 $ 463,836 $ 1,588,358 $ 15,421,906

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

Total Funds $ 3,162,971 $ 2,299,811 $ 843,407 $ 3,727,137 $0 $ 10,033,326

Functional Budgets Austerity Adjustments

Total Funds $0

1839
$0 $ 959,000 $ 40,950 $ 7,500 $ 681,000 $ 336,857 $ 74,000 $ 3,575,903 $ 745,000 $ 105,000 $ 1,652,000 $0 $ 34,018,833 $ 34,018,833
State Funds $ 6,221,083 $ 481,638 $ 1,240,872 $ 620,008 $ 8,563,601
State Funds $ 13,369,712 $ 463,836 $ 1,588,358 $ 15,421,906
State Funds $ 3,162,971 $ 2,299,811 $ 843,407 $ 3,727,137 $0 $ 10,033,326
State Funds $0

1840

JOURNAL OF THE SENATE

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 Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ 31,051,970 $ 25,672,429 $ 838,600 $ 500,000 $ 39,166 $ 192,000

FRIDAY, APRIL 11, 2003

1841

Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

$ 1,113,575 $ 150,000 $0 $ 2,228,000 $ 318,200 $0 $ 31,051,970 $ 31,051,970

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 Court of Appeals Superior Court - Judges Superior Court - District Attorneys Council of Juvenile Court Judges 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 $ 8,870,181 $ 12,125,429 $ 48,237,859 $ 45,819,970 $ 1,392,195 $ 758,305 $ 14,184,961 $ 251,782 $ 12,796,678 $ 1,752,183 $ 350,553 $ 146,540,096

$ 143,500,825 $ 16,892,878 $ 122,131,063 $ 4,740,977 $ 1,930,253 $ 44,925 $ 800,000 $0 $0 $ 146,540,096 $ 143,500,825
State Funds $ 7,549,815 $ 12,035,429 $ 48,237,859 $ 44,276,065 $ 1,392,195 $ 758,305 $ 14,099,961 $ 251,782 $ 12,796,678 $ 1,752,183 $ 350,553 $143,500,825

Section 4. Department of Administrative Services. A. Budget Unit: State Funds - Department of Administrative Services Personal Services Regular Operating Expenses

$ 37,931,546 $ 19,141,331 $ 4,695,850

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Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Rents and Maintenance Expense

Direct Payments to Georgia Building Authority for Capital Outlay

Direct Payments to Georgia Building Authority for Operations

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

Payments to Georgia Technology Authority

Removal of Hazardous Waste

Austerity Adjustments

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Administration

$ 30,843,923

Support Services

$ 12,972,083

Statewide Business

$ 3,334,815

Risk Management

$ 3,381,172

Executive Administration

$ 1,503,345

Governor's Small Business Center

$ 1,050,608

State Properties Commission

$ 652,975

Office of the Treasury

$ 2,662,192

State Office of Administrative Hearings

$ 4,645,515

Austerity Adjustments

$ (2,038,605)

Total

$ 59,008,023

B. Budget Unit: State Funds - Georgia Building Authority Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

$ 293,011 $ 20,418 $ 150,582 $ 2,682,284 $ 568,719 $ 501,462 $ 736,181 $ 345,435 $0 $ 2,150,000 $ 2,032,156 $ 6,014,012 $ 400,000 $ 33,950 $ 47,045 $ 72,750 $ 37,439 $ 21,026,003 $ 98,000 $ (2,038,605) $ 59,008,023 $ 37,931,546
State Funds $ 28,097,945 $ 313,150 $ 3,297,194 $ 375,038 $ 1,468,934 $ 1,037,911 $ 652,975 $ 385,413 $ 4,341,591 $ (2,038,605) $ 37,931,546
$0 $ 16,338,690 $ 6,148,810 $ 14,800 $ 200,000 $ 250,000 $ 307,000

FRIDAY, APRIL 11, 2003

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 $ 2,378,741 $ 27,261,729 $ 7,646,451 $ 1,904,718 $ 3,207,888 $ 4,410,814 $ 46,810,341

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 Radio Billings Materials for Resale Transfers to GIS Clearinghouse Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

Section 5. Department of Agriculture. State Funds

1843
$ 15,071 $ 281,700 $ 657,089 $ 3,173,776 $ 5,808,583 $ 8,282,914 $ 510,229 $ 3,151,435 $ 1,670,244 $ 46,810,341 $0
State Funds $0 $0 $0 $0 $0 $0 $0
$0 $ 55,315,263 $ 5,370,000 $ 640,000 $0 $ 185,485 $ 23,290,244 $ 4,117,263 $ 6,000 $ 18,307,086 $ 3,249,000 $0 $ 84,323,000 $ 501,019 $ 1,901,830 $0 $ (712,144) $196,494,046 $0
$ 34,931,522

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Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Travel

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

$ 8,406,507

Animal Industry

$ 16,087,462

Marketing

$ 5,057,351

Internal Administration

$ 6,805,435

Fuel and Measures

$0

Consumer Protection Field Forces

$ 11,786,714

Seed Technology

$ 802,790

Austerity Adjustments

$ (1,364,718)

Total

$ 47,581,541

Section 6. Department of Banking and Finance.

State Funds

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

$ 32,090,145 $ 3,450,488 $ 1,058,708 $0 $ 414,545 $ 664,341 $ 1,208,440 $ 374,176 $ 33,500 $ 1,323,457 $ 566,619 $ 3,551,093
$ 3,210,351 $ 142,000 $ 10,000 $ 425,000
$ 383,396 $0 $ 40,000 $0 $ (1,364,718) $ 47,581,541 $ 34,931,522
State Funds $ 6,927,333 $ 13,080,327 $ 1,307,351 $ 6,493,435 $0 $ 8,487,794 $0 $ (1,364,718) $ 34,931,522
$ 10,846,194 $ 9,652,278 $ 269,025 $ 328,557 $ 78,817 $ 2,347

FRIDAY, APRIL 11, 2003

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 Tobacco 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 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

1845
$ 170,978 $ 545,179 $ 124,341 $ 10,435 $0 $ (335,763) $ 10,846,194 $ 10,846,194
$ 59,798,918 $ 38,123,333 $ 23,069,166 $ 1,979,687 $ 611,739 $0 $ 166,022 $ 1,504,569 $ 964,976 $ 714,692 $ 472,316 $ 536,967 $0 $ 1,952,374 $ 30,750,000 $ 152,750 $ 30,000,000 $ 190,000 $ 5,000,000 $ 2,947,155 $0 $0 $ 3,056,375 $ 791,989 $ 2,880,000 $0 $0 $ 705,094 $ 1,250,000 $ 50,000,000 $ 4,506,595 $ 750,000 $ 495,000

1846

JOURNAL OF THE SENATE

Quality Growth Program

Austerity Adjustments

Total Funds Budgeted

Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Executive Division

$ 31,599,596

Planning and Environmental Management Division $ 4,355,536

Business and Financial Assistance Division

$ 37,154,839

Housing Finance Division

$ 9,003,438

Finance Division

$ 7,776,845

Administrative and Computer Support Division

$ 2,365,403

Georgia Music Hall of Fame Division

$ 1,301,902

Community Services Division

$ 66,733,588

Rural Development Division

$ 5,116,801

One Georgia

$ 239,518

Austerity Adjustments

$ (337,566)

Total

$ 165,309,900

$ 200,000 $ (337,566) $165,309,900 $ 38,123,333 $ 59,798,918
State Funds $ 31,347,766 $ 4,127,776 $ 5,503,660 $ 2,941,530 $ 6,125,113 $ 628,493 $ 804,085 $ 3,541,260 $ 5,116,801 $ 38,123,333 $ (337,566) $ 97,922,251

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

$ 1,688,386,233 $ 50,827,441 $ 33,492,538 $ 8,676,868 $ 388,883 $0 $ 75,136 $ 88,399,168 $ 1,819,274 $ 965,696 $ 1,869,021 $ 412,776,645 $ 5,262,064,757 $ 1,097,500 $ 16,757 $ 183,244 $ 514,826 $ 975,000,000 $ 66,000 $ 375,000 $ 748,000 $ 4,012,890

FRIDAY, APRIL 11, 2003

1847

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

$ 873,238

Community Affairs

$ 361,222

Medicaid Benefits, Penalties and Disallowances $ 5,262,064,757

Medical Assistance Plans

$ 110,106,676

Managed Care and Quality

$ 3,829,906

Information Technology

$ 99,320,416

General Counsel

$ 7,806,019

Operations

$ 6,249,253

Financial

$ 6,266,601

Planning and Fiscal Policy

$ 3,612,150

Minority Health

$ 509,056

Women's Health

$ 352,205

Rural Health

$ 2,888,962

State Health Benefit Plan

$ 304,991,665

Public Employee Health Claims

$ 975,000,000

Georgia Board for Physician Workforce

$ 37,856,367

State Medical Education Board

$ 1,419,696

Composite Board of Medical Examiners

$ 2,381,078

Austerity Adjustments

$ (2,495,946)

Total

$ 6,823,393,321

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

$ 2,136,719 $ 100,000 $ 3,772,911 $ 18,181,491 $ 8,140,630 $ 438,900 $ 460,013 $ 116,400 $ (2,495,946) $ 6,823,393,321 $ 50,827,441 $ 1,688,386,233
State Funds $ 551,500 $ 180,611 $1,655,765,719 $ 11,111,054 $ 1,913,309 $ 16,352,624 $ 3,740,402 $ 2,323,442 $ 2,733,587 $ 2,264,198 $ 289,837 $ 334,231 $ 2,491,965 $0 $0 $ 37,856,367 $ 1,419,696 $ 2,381,078 $ (2,495,946) $ 1,739,213,674
$ 148,828,880 $0 $ 8,200,000 $ 360,067,504 $ 368,267,504 $ 148,828,880
$ 58,735,257

1848

JOURNAL OF THE SENATE

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
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

$ 4,970,705 $ 371,573 $ 165,254 $ 45,000 $0 $ 1,155 $ 205,000 $0 $ 12,350 $0 $ 8,005,806 $ 214,463,369 $ (74,401) $ 223,195,106 $ 4,970,705 $ 58,735,257
$ 926,958,562 $ 585,037,525 $ 67,330,947 $ 2,150,227 $ 1,809,244 $ 3,897,917 $ 5,709,284 $ 8,166,849 $ 8,006,681 $ 39,000 $ 79,413,562 $0 $ 27,447,542 $ 1,300,000 $ 37,726,400 $ 6,450,000 $0 $ 1,093,624 $ 4,268,025 $ 1,627,150 $ 577,160 $ 1,450,000 $ 129,133,437
$ 449,944

FRIDAY, APRIL 11, 2003

1849

Minor Construction Fund

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Funding

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Executive Operations

$ 32,158,301

Administration

$ 32,757,952

Human Resources

$ 8,812,294

Field Probation

$ 91,214,063

Facilities

$ 663,713,648

Programs

$ 145,284,260

Austerity Adjustments

$ (15,656,152)

Total

$ 958,284,366

$ 856,000 $ (15,656,152) $ 958,284,366 $ 450,000 $ 926,958,562
State Funds $ 31,708,301 $ 32,757,952 $ 8,812,294 $ 86,932,914 $645,583,202 $136,820,051 $(15,656,152) $ 926,958,562

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

Total Funds $ 2,717,218 $ 7,795,834 $ 34,623,845 $ (256,705) $ 44,880,192

$ 8,101,794 $ 18,043,682 $ 23,899,107 $ 90,875 $0 $ 52,800 $ 68,625 $ 44,010 $ 1,004,973 $ 1,341,895 $ 244,000 $ 337,000 $ 9,930 $ (256,705) $ 44,880,192 $ 8,101,794
State Funds $ 2,477,435 $ 985,832 $ 4,895,232 $ (256,705) $ 8,101,794

Section 11. State Board of Education A. Budget Unit: State Funds - Department of Education

$ 5,918,817,207

1850

JOURNAL OF THE SENATE

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: 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

$ 30,000,000
$ 42,521,325 $ 5,823,851 $ 1,179,108 $0 $ 324,870 $ 1,148,443 $ 3,130,985 $ 40,267,887 $ 9,883,892 $ 915,783 $ 772,896 $ 30,569,700
$ 1,693,656,941 $ 1,558,335,891 $ 748,004,010 $ 66,740,638 $ 69,289,416 $ 196,506,716 $ 761,520,976 $ 176,850,170 $ 23,587,944 $ 46,621,410 $ 30,517,972 $ 147,220,233 $ 905,991,469 $ 164,772,246 $ (1,207,536,528) $0 $0
$ 284,920,487 $ 6,352,443 $ 826,722
$ 385,000 $ 4,209,800 $ 54,226,723
$ 16,909,425 $ 112,907

FRIDAY, APRIL 11, 2003
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 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 and Math Programs Student Testing Internet Access School Improvement Teams Communities in Schools

1851
$ 309,883,868 $ 7,021,675 $ 191,495,397 $ 5,508,750 $0 $ 1,790,940 $ 733,805 $ 188,375,722 $ 200,500 $ 1,546,542 $ 8,000,000 $ 22,691,157 $ 1,212,500 $0 $ 1,973,000 $ 150,000 $ 10,567,629 $ 37,934,355 $ 7,308,679 $ 639,390 $ 9,389,202 $0 $ 107,826,070 $0 $0 $ 274,395 $ 11,634,769 $ 68,268,298 $ 4,986,505 $ 3,918,448 $ 1,188,000 $ 8,478,748 $ 250,000 $ 4,774,779 $0 $ 5,787,990 $0 $0 $ 77,407,508 $ 11,365,926 $ 3,952,556 $ 11,636,228 $ 1,465,273

1852

JOURNAL OF THE SENATE

Georgia Learning Connection

$0

Knowledge is Power Program

$ 12,000

Postsecondary Options

$ 3,778,918

Title I-C Migrant Education (Federal)

$ 8,626,018

Title I-D Neglected and Delinquent

$ 2,000,255

Title II-A Improving Teacher Quality

$ 72,520,695

Title II-D Enhancing Education Thru Technology

$ 17,764,034

Title III-A English Language

$ 6,786,358

Title IV-B 21st Century Communication

$ 8,691,764

Title VI-B Rural and Low-Income

$ 6,941,585

Temporary QBE Reduction

$ (156,764,424)

Austerity Adjustments

$ (18,970,893)

Total Funds Budgeted

$ 6,967,586,665

Indirect DOAS Services Funding $ 0

Tobacco Funds Budgeted

$ 30,000,000

State Funds Budgeted

$ 5,918,817,207

Departmental Functional Budgets

Total Funds

State Funds

State Superintendant

$0

$0

Policy and External Affairs

$ 13,939,972

$ 11,910,377

Curriculum and Instruction

$ 23,245,441

$ 4,842,306

Governor's Honors Program

$ 1,472,108

$ 1,394,519

Finance and Business Operations

$ 8,760,908

$ 3,287,441

Teacher and Student Support

$ 11,209,797

$ 252,617

Information Technology

$ 17,571,546

$ 12,093,211

Local Programs

$ 6,891,247,844 $5,915,925,937

Student Achievement

$0

$0

Georgia Academy for the Blind

$ 6,203,856

$ 5,940,338

Georgia School for the Deaf

$ 5,995,408

$ 5,568,937

Atlanta Area School for the Deaf

$ 6,910,678

$ 6,572,417

Austerity Adjustments

$ (18,970,893) $ (18,970,893)

Total

$ 6,967,586,665 $ 5,948,817,207

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

FRIDAY, APRIL 11, 2003
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 Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Benefits to Retirees

1853
$0 $0 $0 $0 $0
$ 1,259,986 $243,448,970 $ 1,981,565 $ 5,059,478 $ 1,194,788 $ 36,500 $ 50,000 $0 $0 $0 $ 5,000 $0 $ 3,000 $ 11,000 $0 $0 $ 75,495,529 $ 667,000 $ (40,302) $327,912,528 $250,490,013 $ 1,259,986
$ 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

1854

JOURNAL OF THE SENATE

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 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 $ 2,047,590 $ 35,638,626 $ 4,097,409 $ (1,119,818) $ 40,663,807

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

$0 $ 10,207,623 $ 617,000
$ 34,407,685 $ 31,408,202 $ 5,956,344 $ 140,671 $ 1,042,852 $ 1,662,651 $ 357,000 $ 11,518 $ 768,627 $ 9,500 $ 366,260 $ 60,000 $0 $0 $ (1,119,818) $ 40,663,807 $ 34,407,685
State Funds $ 15,734 $ 31,582,515 $ 3,929,254 $ (1,119,818) $ 34,407,685
$ 62,095,134 $ 50,303,912 $ 6,398,926 $ 574,400 $ 594,397 $ 584,424 $ 592,820 $ 584,206 $ 1,336,535 $ 2,231,277 $ 2,275,654 $ 308,667

FRIDAY, APRIL 11, 2003

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 $ 6,243,937 $ 27,795,903 $ 10,897,283 $ 18,800,921 $ 31,330,545 $ (1,994,622) $ 93,073,967

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 Grants to Local Systems Grants - Local EMA Grants - Other Grants - Civil Air Patrol Registrations Troops to Teachers Austerity Adjustments

1855
$0 $ 1,500,000 $ 27,783,371 $ (1,994,622) $ 93,073,967 $ 62,095,134
State Funds $ 6,243,937 $ 27,795,903 $ 10,897,283 $ 18,800,921 $ 351,712 $ (1,994,622) $ 62,095,134
$ 39,341,928 $ 21,395,212 $ 1,350,860 $ 345,070 $0 $ 88,627 $ 493,917 $ 1,255,064 $ 571,282 $ 1,563,571 $ 5,740,235 $ 4,498,923 $ 40,000 $ 3,861,681 $ 358,595 $ 3,786,988 $ 274,194 $ 172,460 $0 $ 240,000 $ 1,085,000 $0 $ 57,000 $0 $ 111,930 $ (1,401,800)

1856

JOURNAL OF THE SENATE

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 $ 8,488,293 $ 1,176,983 $ 9,050,700 $ 5,013,600 $ 3,974,713 $ 724,903 $ 460,602 $ 7,904,926 $ 6,792,328 $ 2,301,761 $0 $0 $ 45,888,809

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 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 DFACS - Operations Brain and Spinal Trust Fund Benefits Austerity Adjustments
Total Funds Budgeted

$ 45,888,809 $ 39,341,928
State Funds $ 8,488,293 $ 789,766 $ 9,050,700 $ 4,349,507 $ 3,407,024 $ 724,903 $ 460,602 $ 7,792,996 $ 2,242,376 $ 2,035,761 $0 $0 $ 39,341,928
$ 1,388,149,454 $ 44,423,392 $ 2,000,000
$ 119,820,604 $ 5,490,493 $ 2,562,872 $0 $ 461,311 $ 8,976,224 $ 5,107,230 $ 39,626,144 $ 57,334,409 $ 16,842,894 $ 125,000 $0 $ 89,156,955 $ 163,451 $ 2,095,936 $ 33,961,019 $0 $ 1,850,000 $ (2,549,730) $ 381,024,812

FRIDAY, APRIL 11, 2003

1857

Indirect DOAS Services Funding

Tobacco Funds Budgeted

Brain and Spinal Trust Fund

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Commissioner's Office

$ 1,223,055

Office of Planning and Budget Services

$ 3,721,232

Office of Adoptions

$ 9,254,608

Children's Community Based Initiative

$ 10,431,314

Human Resources and Organization Development $ 1,186,975

Computer Services

$ 72,544,996

Technology and Support

$ 17,313,914

Facilities Management

$ 6,772,101

Regulatory Services - Program Direction and Support $ 964,566

Child Care Licensing

$ 3,810,638

Health Care Facilities Regulation

$ 12,240,016

Office of Investigation

$ 6,739,540

Office of Financial Services

$ 9,906,617

Office of Audits

$ 2,661,041

Human Resource Management

$ 6,702,562

Transportation Services

$ 20,049,247

Office of Facilities and Support Services

$ 18,699,672

Indirect Cost

$0

Policy and Government Services

$ 929,950

Aging Services

$ 97,706,702

DDSA Council

$ 1,607,263

Brain and Spinal Trust Fund Benefits

$ 2,000,000

Office of Child Support Enforcement

$ 77,108,533

Austerity Adjustments

$ (2,549,730)

Total

$ 381,024,812

$0 $ 8,278,248 $ 2,000,000 $ 180,426,670
State Funds $ 1,223,055 $ 3,692,715 $ 5,757,744 $ 10,156,314 $ 1,186,975 $ 34,782,324 $ 13,642,387 $ 5,472,068 $ 690,053 $ 3,707,769 $ 5,909,351 $ 1,957,120 $ 5,516,907 $ 2,661,041 $ 6,702,562 $ 2,880,864 $ 18,699,672 $(16,207,310) $ 929,950 $ 64,695,006 $ 29,767 $ 2,000,000 $ 17,168,314 $ (2,549,730) $ 190,704,918

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

$ 56,536,154 $ 77,633,887 $ 925,467 $0 $ 195,367 $ 1,509,862 $ 1,173,488 $ 10,454,744 $0 $ 1,137,699

1858

JOURNAL OF THE SENATE

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

$ 13,492,725

Newborn Follow-Up Care

$ 5,009,983

Oral Health

$ 2,903,473

Stroke and Heart Attack Prevention

$ 2,195,951

Sickle Cell, Vision and Hearing

$ 6,588,401

High-Risk Pregnant Women and Infants

$ 5,385,227

Sexually Transmitted Diseases

$ 3,289,533

Family Planning

$ 11,820,479

Women, Infants and Children Nutrition

$ 85,325,463

Grant in Aid to Counties

$ 71,038,625

Children's Medical Services

$ 13,153,079

Emergency Health

$ 3,651,641

Primary Health Care

$ 593,232

Epidemiology

$ 4,062,209

Immunization

$ 1,702,964

Community Tuberculosis Control

$ 5,909,784

Family Health Management

$ 2,169,913

Infant and Child Health

$ 752,516

Maternal Health - Perinatal

$ 2,811,535

Chronic Disease

$ 1,639,391

Diabetes

$0

Cancer Control

$ 8,038,003

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

$ 22,043,507

Drug and Clinic Supplies

$ 12,152,398

Adolescent Health

$ 12,670,466

$ 292,000 $ 28,378,851 $158,869,662 $ 196,235 $ 6,138,072 $ (2,079,597) $341,361,891 $0 $ 22,548,788 $167,656,101
State Funds $ 13,335,157 $ 2,032,625 $ 2,578,298 $ 985,089 $ 5,821,582 $ 5,385,227 $ 1,013,946 $ 4,850,000 $0 $ 70,052,074 $ 6,214,767 $ 2,208,293 $ 477,088 $ 3,652,969 $0 $ 4,310,823 $ 1,313,761 $ 530,655 $ 1,143,976 $ 1,639,391 $0 $ 7,553,003 $ 2,813,800 $ 1,983,776 $ 856,370 $ 1,609,193 $ 7,854,485 $ 294,270 $ 15,181,790 $ 4,079,320 $ 2,975,905

FRIDAY, APRIL 11, 2003

1859

Public Health - Planning Councils Early Intervention Injury Control Smoking Prevention and Cessation Public Health - Division Indirect Cost Austerity Adjustments Total

$ 78,467 $ 13,074,928 $ 355,988 $ 14,759,390 $0 $ (2,079,597) $ 341,361,891

$ 60,970 $ 10,482,402 $ 243,983 $ 12,774,397 $ (4,024,899) $ (2,079,597) $190,204,889

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 DFACS - Operations

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Services Funding

Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Director's Office

$ 1,042,424

Social Services

$ 7,401,549

Fiscal Management

$ 4,633,581

Quality Assurance

$ 3,739,350

Community Services

$ 14,164,092

Field Management

$ 2,875,447

Professional Development

$ 5,455,522

Economic Support

$ 3,049,311

Child Care and Parent Services

$ 419,787

Temporary Assistance for Needy Families

$ 114,134,948

$ 14,114,273 $ 3,414,939 $ 1,192,317 $0 $ 237,019 $ 492,702 $ 6,981,954 $ 8,877,713 $0 $ 688,660 $ 7,630,688 $123,303,498 $ 7,062,714 $461,211,917 $ 31,262,611 $ 2,401,505 $389,578,516 $ (6,150,579) $1,052,300,447 $0 $ 3,341,218 $ 445,554,869
State Funds $ 1,042,424 $ 6,212,078 $ 2,647,752 $ 3,739,350 $ 1,939,609 $ 2,875,447 $ 3,461,821 $ 3,049,311 $ 419,787 $ 54,109,878

1860

JOURNAL OF THE SENATE

SSI - Supplemental Benefits

$0

Refugee Programs

$ 2,795,420

Energy Benefits

$ 7,223,130

County DFACS Operations - Eligibility

$ 116,110,857

County DFACS Operations - Social Services

$ 149,330,329

Food Stamp Issuance

$ 3,190,752

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

County DFACS Operations - Joint and Administration $ 90,567,836

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

Employability Benefits

$ 43,105,900

Legal Services

$ 6,546,322

Family Foster Care

$ 70,122,403

Institutional Foster Care

$ 51,134,630

Specialized Foster Care

$ 12,631,268

Adoption Supplement

$ 44,855,747

Prevention of Foster Care

$ 15,744,598

Troubled Children

$ 61,262,815

Child Day Care

$ 181,125,622

Special Projects

$ 3,887,204

Children's Trust Fund

$ 7,630,688

Indirect Cost

$0

Austerity Adjustments

$ (6,150,579)

Total

$ 1,052,300,447

$0 $0 $0 $ 51,155,039 $ 65,238,060 $0 $0 $ 43,084,884 $ 10,571,448 $ 10,743,985 $ 2,670,531 $ 39,387,938 $ 29,524,448 $ 7,202,296 $ 25,591,338 $ 2,069,048 $ 33,074,436 $ 56,741,937 $ 3,847,204 $ 7,630,688 $(12,984,071) $ (6,150,579) $ 448,896,087

4. Community Mental Health/Mental Retardation and Institutions:

Personal Services

Operating Expenses

Motor Vehicle Equipment Purchases

Utilities

Major Maintenance and Construction

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

$ 31,305,973

Augusta Regional Hospital

$ 21,582,945

Northwest Regional Hospital at Rome

$ 34,888,333

Georgia Regional Hospital at Atlanta

$ 41,155,565

Central State Hospital

$ 117,989,269

$ 299,429,144 $ 60,068,499 $ 200,000 $ 9,483,000 $ 1,991,161 $ 481,958,054 $ (5,464,175) $ 847,665,683 $0 $ 10,255,138 $ 594,511,814
State Funds $ 17,736,049 $ 15,669,352 $ 24,275,474 $ 30,039,601 $ 68,150,801

FRIDAY, APRIL 11, 2003

1861

Georgia Regional Hospital at Savannah

$ 21,666,710

Gracewood State School and Hospital

$ 48,353,150

West Central Regional Hospital

$ 23,303,978

Outdoor Therapeutic Programs

$ 4,259,012

Community Mental Health Services

$ 203,240,053

Community Mental Retardation Services

$ 179,272,212

Community Substance Abuse Services

$ 100,936,531

Program Direction and Support

$ 15,312,161

Regional Offices

$ 9,863,966

Austerity Adjustments

$ (5,464,175)

Total

$ 847,665,683

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

Grant-In-Aid to Counties

Major Maintenance and Construction

Utilities

Postage

Payments to DCH-Medicaid Benefits

Grants to County DFACS - 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

$ 17,211,203 $ 19,765,949 $ 18,470,364 $ 3,318,322 $196,249,315 $136,807,034 $ 47,744,520 $ 8,961,477 $ 5,831,666 $ (5,464,175) $604,766,952
$489,900,175 $ 86,539,319 $ 4,680,656 $ 200,000 $ 893,697 $ 10,978,788 $ 13,262,672 $ 58,958,601 $ 57,334,409 $ 18,669,253 $ 60,068,499 $481,958,054 $0 $ 7,630,688 $123,303,498 $ 7,479,714 $461,211,917 $148,798,417 $158,869,662 $ 2,154,612 $ 9,483,000 $ 4,693,676 $ 33,961,019 $389,578,516 $ 6,138,072 $ 1,850,000 $(16,244,081) $2,622,352,833 $ 2,000,000 $ 44,423,392 $

1862

JOURNAL OF THE SENATE

State Funds Budgeted

$ 1,388,149,454

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 - Pooler Project 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

Administration Economic Development Trade Tourism Film Austerity Adjustments Total

Total Funds $ 31,720,731 $ 7,323,976 $ 3,040,783 $ 4,475,669 $ 625,492 $ (1,056,360) $ 46,130,291

$ 46,130,291 $0 $ 12,910,395 $ 1,211,202 $ 608,806 $ 20,000 $ 62,597 $ 391,336 $ 837,119 $ 442,215 $ 44,200 $ 1,083,286 $ 250,600 $ 9,324,895 $ 20,000,000 $0 $0 $0 $0 $0 $0 $ (1,056,360) $ 46,130,291 $0 $ 46,130,291
State Funds $ 31,720,731 $ 7,323,976 $ 3,040,783 $ 4,475,669 $ 625,492 $ (1,056,360) $ 46,130,291

Section 18. Department of Insurance. State Funds Personal Services Regular Operating Expenses

$ 15,725,219 $ 14,733,533 $ 702,947

FRIDAY, APRIL 11, 2003

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 $ 5,443,062 $ 5,857,360 $ 510,639 $ 4,862,592 $ 573,853 $ (485,787) $ 16,761,719

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

1863
$ 433,030 $ 80,176 $ 20,000 $ 223,000 $ 601,164 $ 367,614 $ 86,042 $0 $0 $ (485,787) $ 16,761,719 $ 15,725,219
State Funds $ 5,443,062 $ 5,857,360 $ 510,639 $ 3,826,092 $ 573,853 $ (485,787) $ 15,725,219
$ 280,479,092 $ 177,217,384 $ 15,179,710 $ 2,147,151 $ 214,143 $ 705,389 $ 3,396,702 $ 3,171,474 $ 2,379,049 $ 5,253,603 $ 4,519,873 $ 3,409,031 $ 400,000 $0 $ 86,013,372 $0 $0 $0 $ 200,000 $ 1,687,100

1864

JOURNAL OF THE SENATE

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 $ 83,463,989 $ 77,059,384 $ 28,570,085 $ 34,568,407 $ 577,900 $ 1,875,997 $ 48,302,352 $ 1,399,858 $ 1,004,642 $ 4,245,666 $ 18,783,121 $ 3,276,038 $ 2,766,542 $ (7,237,782) $ 298,656,199

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

$ (7,237,782) $ 298,656,199 $ 280,479,092
State Funds $ 81,960,029 $ 74,811,965 $ 27,666,278 $ 30,063,600 $ 577,900 $ 1,875,997 $ 41,305,836 $ 1,399,858 $ 1,004,642 $ 4,155,666 $ 18,762,523 $ 3,276,038 $ 856,542 $ (7,237,782) $280,479,092
$ 15,996,967 $ 90,237,849 $ 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 $ (830,637) $166,400,317 $ 15,996,967
$ 27,948,859 $ 93,115,483

FRIDAY, APRIL 11, 2003

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

$ 86,799,511

Business Enterprise Program

$ 1,661,454

Administration

$ 3,931,592

Disability Adjudication

$ 55,297,080

Georgia Industries for the Blind

$ 11,821,908

Roosevelt Warm Springs Institute

$ 29,531,939

Austerity Adjustments

$ (890,479)

Total

$ 188,153,005

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

1865
$ 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 $ 1,052,688 $ 12,820,953 $0 $0 $0 $ 255,000 $ (890,479) $188,153,005 $ 150,000 $ 27,948,859
State Funds $ 18,409,634 $ 358,326 $ 2,453,946 $0 $ 722,533 $ 6,894,899 $ (890,479) $ 27,948,859
$ 14,712,427 $ 15,150,887 $ 705,564 $ 181,781 $0 $0 $ 299,269 $ 837,469 $ 192,258 $ 19,414,422 $0

1866

JOURNAL OF THE SENATE

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 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

$ 197,158 $0 $ (470,793) $ 36,508,015 $ 14,712,427
$0 $ 8,795,573 $ 1,073,018 $ 83,213 $0 $ 696,904 $ 285,350 $ 874,311 $ 1,774,772 $ 173,863 $ 1,920,859 $ 15,677,863 $0 $ 1,573,733 $ 13,176,154 $ 927,976 $0
$ 79,151,378 $ 60,187,933 $ 7,837,254 $ 390,062 $ 332,206 $ 345,335 $ 12,461,537 $ 2,775,709 $ 2,973,599 $ 411,198 $ 1,318,987 $0 $0 $0 $ 348,651 $ 3,459,434 $ 750,000

FRIDAY, APRIL 11, 2003

Investment for Modernization

Austerity Adjustments

Total Funds Budgeted

Department of Transportation Permit Funds

Indirect DOAS Funding

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Administration

$ 33,662,582

Operations

$ 43,857,701

Enforcement

$ 16,071,622

Austerity Adjustments

$ (2,786,634)

Total

$ 90,805,271

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 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

1867
$0 $ (2,786,634) $ 90,805,271 $ 7,196,898 $ 1,960,000 $ 79,151,378
State Funds $ 28,375,997 $ 43,857,701 $ 9,704,314 $ (2,786,634) $ 79,151,378
$109,103,373 $ 89,944,827 $ 15,339,358 $ 802,745 $ 66,423 $ 1,756,816 $ 3,291,804 $ 1,268,551 $ 6,709,734 $ 734,140 $ 1,399,335 $0 $ 690,000 $ 1,333,300
$ 860,176 $ 4,560,913 $ 982,330 $ 500,000
$ 800,000 $ 341,000 $0
$0 $ 58,938 $ 4,095,077 $0

1868

JOURNAL OF THE SENATE

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

$ 14,965,997

Program Support

$ 7,504,005

Historic Preservation

$ 2,764,307

Parks, Recreation and Historic Sites

$ 41,363,845

Coastal Resources

$ 2,583,584

Wildlife Resources

$ 36,837,133

Environmental Protection

$ 42,306,991

Pollution Prevention Assistance

$ 466,661

Austerity Adjustments

$ (3,049,193)

Total

$ 145,743,330

$0 $ 1,770,602 $ 487,657 $ 100,000 $ 31,000 $ 24,000 $ 843,797 $ 10,000,000 $ (3,049,193) $145,743,330 $ 940,190 $0 $ 1,331,931 $ 1,434,982 $ 200,000 $109,103,373
State Funds $ 14,918,731 $ 7,504,005 $ 2,274,307 $ 21,322,056 $ 2,412,722 $ 31,255,162 $ 32,102,835 $ 362,748 $ (3,049,193) $109,103,373

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

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

FRIDAY, APRIL 11, 2003
Total Funds Budgeted State Funds Budgeted C. Budget Unit: State Funds - Georgia Agrirama Development Authority Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Goods for Resale Austerity Adjustments Total Funds Budgeted State Funds Budgeted
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

1869
$ 6,568,049 $0
$0 $ 1,240,082 $ 251,385 $ 5,792 $0 $ 7,000 $ 5,792 $0 $ 12,000 $ 500 $ 68,768 $ 152,750 $ 120,000 $ (20,250) $ 1,843,819 $0
$ 47,914,053 $ 40,688,897 $ 1,433,825 $ 431,800 $0 $ 291,500 $ 591,200 $ 3,015,194 $ 1,065,600 $ 523,304 $ 740,679 $ 617,500 $ 20,000 $ (1,505,446)
$ 47,914,053 $ 47,914,053
$ 79,347,824
$ 70,612,998

1870

JOURNAL OF THE SENATE

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

$ 18,316,664

Field Operations

$ 65,080,992

Capitol Police

$ 3,151,435

Austerity Adjustments

$ (2,581,582)

Total

$ 83,967,509

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

$ 8,122,866 $ 76,895 $ 2,876,986 $ 375,304 $ 985,500 $ 181,470 $ 2,046,380 $ 315,122 $ 389,333 $ 566,237 $0 $0 $ (2,581,582) $ 83,967,509 $ 990,000 $ 79,347,824
State Funds $ 16,998,414 $ 64,930,992 $0 $ (2,581,582) $ 79,347,824
$ 14,706,596
$ 11,146,437 $ 2,774,355 $ 129,508 $0 $ 174,449 $ 309,058 $ 343,117 $ 342,245 $ 245,518 $ 59,800 $ 2,525,200 $ 1,947,738 $0 $ (473,265) $ 19,524,160 $ 14,706,596

FRIDAY, APRIL 11, 2003

1871

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 $ 3,815,945 $ 1,415,677 $ 1,218,511 $ 1,166,968 $ 470,395 $ 11,436,664 $ 19,524,160

Section 27. Public School Employees' Retirement System. State Funds Payments to Employees' Retirement System Employer Contributions
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

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

State Funds $ 570,718 $ 1,415,677 $ 1,119,938 $ 1,054,105 $ 470,395 $ 10,075,763 $ 14,706,596
$ 11,220,726 $ 587,500 $ 10,633,226 $ 11,220,726 $ 11,220,726
$ 9,080,640 $ 6,813,881 $ 250,711 $ 111,876 $ 44,427 $ 15,300 $ 208,791 $ 511,428 $ 124,660 $ 628,262 $ 920,000 $ (275,385) $ 9,353,951 $ 9,080,640
$ 1,470,969,290 $ 6,585,889
$ 1,773,964,581 $ 424,223,505
$ 467,189,909 $ 854,188,741 $ 32,421,966

1872

JOURNAL OF THE SENATE

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 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

$ 1,138,340 $ 345,833 $ 1,011,627 $ 28,990,997 $ 123,584,731 $ (30,383,852) $ 3,676,676,378 $ 132,081,672 $ 1,278,412,246 $ 785,552,781 $ 3,039,500 $ 35,000 $ 6,585,889 $ 1,470,969,290
$ 211,214,976 $0
$ 135,497,162 $ 70,959,391
$ 57,982,123 $ 41,101,657 $ 2,811,580
$ 23,067,667 $0 $0 $ 7,790,087 $ 151,968 $ 565,155 $ 1,831,602
$ 18,239,844 $ 30,951,441 $0 $ 35,104,249 $ (6,365,861) $ 419,688,065 $ 8,610,113 $ 124,936,276 $ 74,383,200

FRIDAY, APRIL 11, 2003

1873

Indirect DOAS Services Funding

$ 543,500

Tobacco Funds Budgeted

$0

State Funds Budgeted

$ 211,214,976

Regents Central Office and Other Organized Activities

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 State Data Center Austerity Adjustments Total

Total Funds $ 2,834,246 $ 6,469,309 $ 1,828,871 $ 123,302,969
$ 23,067,667 $ 78,151,230 $ 61,798,630 $ 193,500 $ 3,657,799 $ 7,242,199 $ 3,625,810 $ 4,653,970 $ 63,589,983 $ 39,486,733 $ 6,151,010 $ (6,365,861) $ 419,688,065

State Funds $ 1,649,446 $ 1,810,419 $ 1,061,238 $ 9,838,961
$ 9,944,392 $ 45,709,968 $ 38,704,493 $0 $ 3,657,799 $ 542,199 $0 $0 $ 63,483,134 $ 35,177,778 $ 6,001,010 $ (6,365,861) $211,214,976

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

$0 $ 14,678,590 $ 15,517,817 $ 4,070,278 $ 2,784,685 $ (587,235) $ 36,464,135 $ 36,464,135 $0

D. Budget Unit: Lottery for Education

$0

Equipment, Technology and Construction Trust Fund

$0

Georgia Public Telecommunications Commission

$0

Internet Connection Initiative

$0

Special Funding Initiatives

$0

Research Consortium - Georgia Research Alliance

$0

Equipment - Public Libraries

$0

1874

JOURNAL OF THE SENATE

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

Departmental Administration

$ 36,729,359

Internal Administration

$ 7,987,227

Information Systems

$ 17,139,493

Compliance Division

$ 27,886,845

Income Tax Unit

$ 7,424,374

Property Tax Unit

$ 384,804,895

Sales Tax Unit

$ 5,606,232

State Board of Equalization

$ 5,000

Taxpayer Accounting

$ 6,771,676

Alcohol and Tobacco

$ 3,240,289

Austerity Adjustments

$ (2,819,070)

Total

$ 494,776,320

$0 $0 $0 $0
$468,191,455 $ 150,000 $ 60,996,706 $ 4,781,453 $ 1,037,071 $ 49,980 $ 150,384 $ 14,937,905 $ 7,107,067 $ 2,174,299 $ 606,992 $ 1,223,613 $ 4,272,795 $0 $ 2,471,575 $ 17,785,550 $380,000,000 $ (2,819,070) $494,776,320 $ 2,545,000 $ 150,000 $468,191,455
State Funds $ 18,943,809 $ 7,987,227 $ 15,884,493 $ 23,981,082 $ 7,424,374 $382,694,760 $ 5,583,589 $ 5,000 $ 5,571,676 $ 2,934,515 $ (2,819,070) $468,191,455

FRIDAY, APRIL 11, 2003

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 $ 5,576,820 $ 6,436,394 $ 447,059 $ 1,862,220 $ 1,976,955 $ 5,845,747 $ 1,386,731 $ 1,061,127 $ 9,286,195 $ 278,754 $ (1,049,580) $ 33,108,422

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

1875
$ 31,993,032 $ 19,575,063 $ 3,605,421 $ 409,621 $ 72,492 $ 65,019 $ 3,132,182 $ 4,712,921 $ 1,035,077 $ 174,376 $ 986,495 $ 389,335 $0 $ (1,049,580) $ 33,108,422 $ 31,993,032
State Funds $ 5,526,820 $ 6,361,394 $ 416,019 $ 1,122,870 $ 1,926,955 $ 5,825,747 $ 1,386,731 $ 1,061,127 $ 9,136,195 $ 278,754 $ (1,049,580) $ 31,993,032
$ 2,410,036 $ 1,585,699 $ 145,000 $ 47,000 $0 $ 12,500 $ 213,935 $ 181,000 $ 84,000 $ 160,000 $ 50,000

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Austerity Adjustments Total Funds Budgeted State Funds Budgeted
Departmental Functional Budgets
Real Estate Commission Austerity Adjustments Total

Total Funds $ 2,410,036 $ (69,098) $ 2,410,036

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 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

$ (69,098) $ 2,410,036 $ 2,410,036
State Funds $ 2,410,036 $ (69,098) $ 2,410,036
$ 3,296,822 $ 1,681,333 $ 202,070 $ 36,069 $0 $ 23,184 $ 13,478 $ 107,052 $ 40,214 $ 139,438 $ 1,762,714 $0 $ (68,325) $ 3,937,227 $ 3,296,822
$ 38,225,088 $ 560,277 $ 20,140 $ 13,000 $0 $ 6,300 $ 12,000 $ 49,615 $ 10,091 $ 11,560 $ 32,118 $ 3,990,211 $ 30,044,521 $ 66,313 $ 351,217 $ 22,427

FRIDAY, APRIL 11, 2003

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 $ 39,219,523
$ 715,101 $ (1,188,883) $ 38,745,741

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

Section 34. Teachers' Retirement System. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

1877
$0 $ 505,584 $ 1,503,953 $ 2,735,297 $ (1,188,883) $ 38,745,741 $ 38,225,088
State Funds $ 38,698,870
$ 715,101 $ (1,188,883) $ 38,225,088
$441,305,643 $261,267,431 $ 55,896,225 $ 60,501,057 $0 $ 45,086,180 $ 770,477 $ 255,850 $ 5,332,698 $ 5,855,278 $ 559,090 $ 760,000 $ 2,016,740 $ 3,004,617
$441,305,643 $441,305,643
$ 2,489,000 $ 11,034,137 $ 629,344 $ 26,500 $0 $ 35,000 $ 8,010,375 $ 673,770 $ 330,000

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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

Administration

$ 8,636,117

Institutional Programs

$ 386,969,846

Austerity Adjustments

$ (5,862,316)

Total

$ 389,743,647

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

$ 737,700 $0 $0 $ 2,390,000 $ 99,000 $ 23,965,826 $ 2,489,000
$313,996,530 $ 6,455,219 $ 374,330 $ 125,510 $0 $ 48,359 $ 588,518 $ 144,671 $ 169,110 $ 614,420 $ 115,980 $0 $273,818,139 $ 64,167,781 $ 6,398,577 $ 20,007,602 $ 3,621,510 $ 18,956,237 $(5,862,316) $389,743,647 $313,996,530
State Funds $ 8,636,117 $311,222,729 $ (5,862,316) $313,996,530 $0 $0 $0 $0 $0 $0

FRIDAY, APRIL 11, 2003

1879

Total Funds Budgeted Lottery Funds Budgeted

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

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

Total Funds $ 1,339,034,333 $ 222,057,814 $ 17,132,944 $ 27,203,085 $ 1,605,428,176

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

$0 $0 $0 $ 2,934,171 $ 23,406,977 $ 710,855 $ (526,279)

$0 $0
$662,007,498 $262,099,843 $ 69,846,541 $ 2,102,945 $ 1,810,000 $ 6,540,078 $ 8,200,173 $ 1,830,782 $ 3,666,751 $160,094,628 $ 26,513,414 $996,763,403 $ 3,967,851 $ 17,332,915
$ 710,855 $0 $0 $ 71,000,000 $ (526,279) $1,631,953,900 $ 662,007,498
State Funds $ 388,594,046 $ 217,473,675 $ 16,632,944 $ 26,299,335 $ 649,000,000
$0 $0 $0 $ 2,276,376 $ 10,546,546 $ 710,855 $ (526,279)

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Total

$ 26,525,724

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 $ 24,709,775 $ 7,914,454 $ 32,624,229

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

$ 13,007,498
$ 21,891,544 $ 6,080,774 $ 427,797 $ 136,200 $0 $ 105,822 $ 6,999 $ 223,753 $ 90,660 $ 24,500 $ 17,418,875 $ 7,914,454 $0 $0 $ 194,395 $ 32,624,229 $ 21,891,544
State Funds $ 16,957,682 $ 4,933,862 $ 21,891,544
$ 16,729,455 $ 10,083,397 $ 470,115 $ 140,600 $0 $ 44,048 $ 3,261,976 $ 1,299,338 $ 187,828 $ 183,100 $ 1,423,053 $0 $ 17,093,455 $ 16,729,455

FRIDAY, APRIL 11, 2003

1881

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)

$ 683,050,154

Motor Fuel Tax Funds (Issued)

$ 51,000,000

$ 734,050,154

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

State General Funds (New)

$ 42,832,070

Motor Fuel Tax Funds (New)

$0

$ 42,832,070

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 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.

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Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2003 of all vehicles purchased or newly leased during Fiscal Year 2003.
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 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 2004 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 2004 shall not exceed 13.1%.
Section 43. 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 $2,343.90. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
Section 44. 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 45. Provisions Relative to Section 16, Department of Human Resources.
The Department of Human Resources is authorized to calculate all Temporary Assistance

FRIDAY, APRIL 11, 2003

1883

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.

Section 46. 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,

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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 47. 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 48. 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.
Section 49. 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 $10,000 for the taxable year beginning January 1, 2003.
Section 50. Provisions Relative to Section 31, Secretary of State.

FRIDAY, APRIL 11, 2003

1885

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 51. 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. 2004.
Section 52. 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.
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 departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.

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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 53.
In addition to all other appropriations for the State fiscal year ending June 30, 2004, 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 54.
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

FRIDAY, APRIL 11, 2003

1887

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 55.
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 56.
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 57.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 58.
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

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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 59.
(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 2003 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.

FRIDAY, APRIL 11, 2003

1889

Section 60.

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 61.

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

Principal

Amount

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

Department of Education projects:

$ 186,560,000

24 school systems for regular funding ($120,000,000

entitlement level) - $65,715,000

7 school systems for regular advance funding - $ 27,890,000

5 school systems for low-wealth funding - $ 6,280,000

31 school systems for growth funding ($60,000,000

entitlement level) - $86,675,000

Repair and infrastructure upgrades at Georgia School $ 820,000

for the Deaf, Georgia Academy for the Blind and

Atlanta Area School for the Deaf

Board of Regents, University System of Georgia projects: $ 49,095,000

Library addition at Georgia Southern

University- $20,495,000

Cancer Research Center at the Medical College

of Georgia - $8,600,000

Debt Service $ 16,230,720
$ 71,340 $ 4,271,265

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JOURNAL OF THE SENATE

Major repair and renovation projects - $20,000,000

Major repair and renovation projects for the

Department of Technical and Adult Education

$ 7,250,000

New training and visitor center for the

Department of Technical and Adult Education

$ 5,000,000

Georgia Environmental Facilities Authority projects:

$ 20,000,000

Low interest loans for local water and sewer

construction projects - $12,000,000

Federal matching funds for clean water and drinking

water capitalization - $8,000,000

Surface parking lot for the Georgia World Congress Center $ 3,800,000

Department of Transportation projects:

$ 68,000,000

Governor's Road Improvement program - $65,000,000

Rail track construction in Savannah - $3,000,000

Department of Juvenile Justice design projects:

$ 285,000

Design a new educational building at

Augusta YDC - $125,000

Design new storm drainage system at

Augusta YDC - $160,000

Various repairs, minor construction projects, add or

replace generators at various RYDCs and YDCs

$ 7,100,000

Department of Human Resources projects:

$ 3,570,000

Reroof buildings 7 and 12 at Augusta Regional Hospital -

$150,000

Replace electrical systems at Central State

Hospital - $960,000

Reroofing of 7 Central State Hospital facilities - $995,000

Repairs sewer lines at Northwest Georgia Regional

Hospital - $255,000

Replace airhandlers at Rosehaven at Southwestern State

Hospital - $255,000

Replace roofs at Southwestern State Hospital - $615,000

Replace steam coils and valves at West Central Georgia

Regional Hospital - $340,000

Department of Human Resources projects:

$ 15,050,000

Design and install emergency generator at

Skyland building - $140,000

Construct a public health laboratory in South Georgia -

$12,225,000

Construct a public health district office building at Northwest

Georgia Regional Hospital campus - $2,685,000

Department of Corrections projects:

$ 51,750,000

Purchase, construct, or lease a 1,000 to 1,600

$ 630,750 $ 435,000 $ 1,740,000 $ 330,600 $ 5,916,000 $ 24,795
$ 617,700 $ 310,590
$ 1,309,350
$ 4,502,250

FRIDAY, APRIL 11, 2003

1891

bed prison - $40,000,000

Central repair and minor construction projects - $ 4,000,000

Repair and maintenance of security equipment - $3,500,000

Roofing repairs at various facilities - $450,000

Various waste water, utility and HVAC projects - $2,200,000

Convert Rogers State Prison waste water plant to

land application system - $1,600,000

Remediate, replace and close underground and

above-ground state-owned fuel storage facilities on state

owned property for the Georgia Building Authority $ 3,000,000 $ 261,000

Total Twenty Year Projects (New)

$ 421,280,000 $ 36,651,360

B.) Maturities not to exceed sixty months.

Purchase vocational and agricultural equipment

for the Department of Education

$ 13,300,000

Board of Regents, University System of Georgia

equipment purchase projects:

$ 5,040,000

Nursing, Health Science, and Outreach Center at

Macon State College - $1,330,000

Agricultural Sciences building at Abraham Baldwin

Agricultural College - $400,000

Physical Education building at Darton College - $110,000

HPE Recreation, Athletic and Student Success Center at

Georgia Southwestern State University - $935,000

Classroom and Convocation Center at Kennesaw State

University - $350,000

Classroom replacement phase II at Augusta State

University - $1,640,000

Camden Center Lab - $275,000

Design PVAC(School of Art) phase II at the

University of Georgia

$ 2,500,000

Georgia Forestry Commission projects:

$ 1,030,000

Purchase a fixed wing aircraft - $200,000

Purchase a UH-1 Huey helicopter - $800,000

Replace hanger main frame, siding and doors at the

Statesboro district office - $30,000

5% state match for AIR-21 federal airport funds for the

Department of Transportation

$ 1,700,000

Department of Juvenile Justice design projects:

$ 420,000

Expand academic space and intake area at Metro RYDC -

$210,000

Expand the RYDC in Muscogee County - $210,000

Renovation projects at Augusta Veterans Home

$ 125,000

$ 3,045,700 $ 1,154,160
$ 572,500 $ 235,870
$ 389,300 $ 96,180 $ 28,625

1892

JOURNAL OF THE SENATE

Upgrade handicap and life safety equipment at Milledgeville Veterans Home:
Wheeler building - $300,000 Russell building - $135,000 Vinson building - $110,000 Wood building - $150,000 Birdsong building - $180,000 Repairs and renovations to armories and other
facilities of the Department of Defense Total Five Year Projects (New)
Section 63.

$ 875,000 $ 200,375
$ 2,000,000 $ 458,000 $ 26,990,000 $ 6,180,710

In addition to all other appropriations, the General Assembly has provided for the following adjustments: 1.) To provide for a reduction in the state portion of workers' compensation contributions ($33,368,207). 2.) To provide for a reduction in the employer contribution of the state employee's life insurance benefit ($6,000,000). 3.) To reflect a 10% reduction in the Georgia Technology Authority's local service telephone billings ($5,800,000). 4.) To provide for a $.21 reduction in Georgia Building Authority's real estate rental rate ($593,229). 5.) To reduce state funds for personal services by rolling the 6/30/04 payroll to 7/1/04 ($165,843,585).

Section 64. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2004

$ 16,079,443,592

Section 65.

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

Section 66.

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

Amendment #1 Senator Meyer Von Bremen of the 12th District moved to amend Senate Appropriations Committee Substitute to H.B. 122 by (removing from) State funds for the General Assembly, Section 1, relating to State Fiscal Year 2004 the figure $620,008 and by (decreasing) the object classes as listed below:

Personal Services - Staff

$ (575,972)

FRIDAY, APRIL 11, 2003

1893

Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Total Funds State Funds

$

(10,036)

$

(5,000)

$

$

(14,000)

$

$

$

$

(15,000)

$ (620,008)

$ (620,008)

and by (adding to) State funds for the General Assembly, Section 1, relating to State Fiscal Year 2004 the figure $620,008 and by (increasing) the object classes as listed below:

Personal Services - Staff Regular Operating Expenses Travel - Staff Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Total Funds State Funds

$ 605,008 $ 10,000 $ 5,000 $ $ $ $ $ $ $ 620,008 $ 620,008

Section 1 General Assembly To eliminate funding for the Senate Budget Office ($620,008) and reinstate funding to the Lieutenant Governor's Office - $620,008

(End of Amendment)
On the adoption of amendment #1, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour Y Blitch N Bowen Y Brown N Brush

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens

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

1894

JOURNAL OF THE SENATE

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 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

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 30, and the Meyer von Bremen amendment #1 to the committee substitute was lost.

Amendment #2 Senators Brown of the 26th District and Meyer Von Bremen of the 12th District moved to amend Senate Appropriations Committee Substitute to H.B. 122 by (removing from) State funds for the Department of Education, Section 11, relating to State Fiscal Year 2004 the figure $996,407 and by (decreasing) the object classes as listed below:

School Improvement Teams Computer Charges Telecommunications Total Funds State Funds

$ (996,407) $ $ $ (996,407) $ (996,407)

and by (adding to) State funds for the Department of Community Health, Section 8, relating to State Fiscal Year 2004 the figure $996,407 and by (increasing) the object classes as listed below:

Mercer School of Medicine Grant Total Funds State Funds

$ 996,407 $ 996,407 $ 996,407

Amendment restores Mercer Grant to House level by reducing funding for School Improvement Teams
(End of Amendment)

On the adoption of amendment #2, the President ordered a roll call, and the vote was as follows:

FRIDAY, APRIL 11, 2003

1895

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 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 Y Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 26, nays 29, and the Brown, Meyer von Bremen amendment #2 to the committee substitute was lost.

Amendment #3 Senator Thompson of the 33rd District moved to amend Senate Appropriations Committee Substitute to H.B. 122 by (removing from) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section 39, relating to State Fiscal Year 2004 the figure $1,740,000 (decreasing) the object classes as listed below:

State General Funds (New) Total Funds State Funds

$ (1,740,000) $ (1,740,000) $ (1,740,000)

and by (adding to) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section 39, relating to State Fiscal Year 2004 the figure $1,740,000 and by (increasing) the object classes as listed below:

State General Funds (New) Total Funds State Funds

$ 1,740,000 $ 1,740,000 $ 1,740,000

Amendment removes $20,000,000 for major repairs and maintenance and adds $20,000,000 for a Social Sciences Building at Kennesaw State University

1896

JOURNAL OF THE SENATE

(End of Amendment)

On the adoption of amendment #3, 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

E Seay N Shafer Y Smith,F N Smith,P Y Squires N Starr N Stephens Y Stokes N Tanksley Y Tate N Thomas,D
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 32, and the Thompson amendment #3 to the committee substitute was lost.

Amendment #4 Senator Golden of the 8th District moved to amend Senate Appropriations Committee Substitute to H.B. 122 by (removing from) State funds for the Department of Education, Section 11, relating to State Fiscal Year 2004 the figure $10,000,000 and by (decreasing) the object classes as listed below:

School Improvement Teams Total Funds State Funds

$ (10,000,000) $ (10,000,000) $ (10,000,000)

and by (adding to) State funds for the Department of Community Health, Section 8, relating to State Fiscal Year 2004 the figure $10,000,000 and by (increasing) the object classes as listed below:

Medicaid Benefits, Penalties and Disallowances

Tobacco Funds Total Funds

FRIDAY, APRIL 11, 2003
$ 10,000,000 $ 10,000,000

1897

and by (removing from) Tobacco funds for the Department of Community Health, Section 8, relating to State Fiscal Year 2004 the figure $14,000,000 and by (decreasing) the object classes as listed below:

Medicaid Benefits, Penalties and Disallowances

Tobacco Funds

$

Total Funds

$

(14,000,000) (14,000,000)

and by (adding to) Tobacco funds for the Department of Community Affairs, Section 7, relating to State Fiscal Year 2004 the figure $14,000,000 and by (increasing) the object classes as listed below:

One Georgia Tobacco Funds Total Funds Total Funds

$ 14,000,000 $ 14,000,000 $0

To reduce the Department of Education (School Improvement Teams) to restore Tobacco funds in the Department of Community Health ((Medicaid Benefits, Penalties and Disallowances) Reduce tobacco funds in the Department of Community Health (Medicaid Benefits, Penalties and Disallowances) to restore Tobacco funds in the Department of Community Affairs (One Georgia Authority)

(End of Amendment)

On the adoption of amendment #4, the President ordered a roll call, and the vote was as follows:

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

Y Harbison N Harp Y Henson N Hill Y 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

1898

JOURNAL OF THE SENATE

N Collins N Crotts Y Dean Y Fort Y 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
Williams Y Zamarripa

On the adoption of the amendment, the yeas were 26, nays 28, and the Golden amendment #4 to the committee substitute was lost.

Amendment #5 Senator Stokes of the 43rd District moved to amend Senate Appropriations Committee Substitute to H.B. 122 by (removing from) State funds for the Judicial Branch, Section 11, relating to State Fiscal Year 2004 the figure $737,000 and by (decreasing) the object classes as listed below:

Student Testing Total Funds State Funds

$ (737,000) $ (737,000) $ (737,000)

and by (adding to) State funds for the Department of Human Resources, Section 16, relating to State Fiscal Year 2004 the figure $737,000 and by (increasing) the object classes as listed below:

Contracts Total Funds State Funds

$ 737,000 $ 737,000 $ 737,000

To restore Maternal & Child Health Program funding by reducing funding for the Georgia Courts Automation Commission

(End of Amendment)

Senator Stokes of the 43rd asked unanimous consent that her amendment #5 be withdrawn. The consent was granted, and the amendment was withdrawn.

Amendment #6 Senator Zamarripa of the 36th District moved to amend Senate Appropriations Committee Substitute to H.B. 122 by (removing from) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section 39, relating to State Fiscal Year 2004 the figure $26,100 (decreasing) the object classes as listed below:

FRIDAY, APRIL 11, 2003

1899

State General Funds (New) Total Funds State Funds

$ (26,100) $ (26,100) $ (26,100)

and by (adding to) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section 39, relating to State Fiscal Year 2004 the figure $26,100 and by (increasing) the object classes as listed below:

State General Funds (New) Total Funds State Funds

$ 26,100 $ 26,100 $ 26,100

Amendment removes $300,000 for library addition at Georgia Southern University and adds $300,000 for planning funds for an Allied Health Building at Atlanta Area Technical College
(End of Amendment)

Senator Zamarripa of the 36th asked unanimous consent that his amendment #6 be withdrawn. The consent was granted, and the amendment was withdrawn.

Amendment #7 Senator Stokes of the 43rd District moved to amend Senate Appropriations Committee Substitute to H.B. 122 by (removing from) State funds for the Judicial Branch, Section 3, relating to State Fiscal Year 2004 the figure $737,000 and by (decreasing) the object classes as listed below:

Other Operating Total Funds State Funds

$ (737,000) $ (737,000) $ (737,000)

and by (adding to) State funds for the Department of Human Resources, Section 16, relating to State Fiscal Year 2004 the figure $737,000 and by (increasing) the object classes as listed below:

Contracts Total Funds State Funds

$ 737,000 $ 737,000 $ 737,000

To restore Maternal & Child Health Program funding by reducing funding for the Georgia Courts Automation Commission

(End of Amendment)

1900

JOURNAL OF THE SENATE

Senator Stokes of the 43rd asked unanimous consent that her amendment #7 be withdrawn. The consent was granted, and the amendment was withdrawn.

Amendment #8 Senator Meyer von Bremen of the 12th District moved to amend Senate Appropriations Committee Substitute to H.B. 122 by (removing from) State funds for the Judicial Branch, Section 3, relating to State Fiscal Year 2004 the figure $514,210 and by (decreasing) the object classes as listed below:

Other Operating Total Funds State Funds

$ (514,210) $ (514,210) $ (514,210)

and by (adding to) State funds for the Department of Transportation, Section 36, relating to State Fiscal Year 2004 the figure $514,210 and by (increasing) the object classes as listed below:

Georgia Rail Passenger Authority Total Funds State Funds

$ 514,210 $ 514,210 $ 514,210

To restore funding for the Georgia Rail Passenger Authority and reduce funds from the Georgia Courts Automation Commission

(End of Amendment)

On the adoption of amendment #8, 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 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

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
Thomas,N Y Thomas,R Y Thompson

FRIDAY, APRIL 11, 2003

1901

Y Fort Y Gillis Y Golden N Hall N Hamrick

N Moody N Mullis N Price Y Reed N Seabaugh

N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 24, nays 30, and the Meyer von Bremen amendment #8 to the committee substitute was lost.

Amendment #9 Senator Thomas of the 10th District moved to amend Senate Appropriations Committee Substitute to H.B. 122 by (removing from) State funds for the Judicial Branch, Section 3, relating to State Fiscal Year 2004 the figure $229,335 and by (decreasing) the object classes as listed below:

Other Operating Total Funds State Funds

$ (229,335) $ (229,335) $ (229,335)

and by (adding to) State funds for the Department of Community Health, Section 8, relating to State Fiscal Year 2004 the figure $229,335 and by (increasing) the object classes as listed below:

Medicaid Benefits, Penalties and Disallowances $

Total Funds

$

State Funds

$

567,380 567,380 229,335

To restore the 10% cut made to Perinatal Case Management by reducing the Georgia Courts Automation Commission
(End of Amendment)

On the adoption of amendment #9, 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

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson

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

1902

JOURNAL OF THE SENATE

N Cagle N Cheeks N Clay N Collins N Crotts Y Dean Y Fort Y 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
Reed N Seabaugh

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 24, nays 30, and the Thomas of the 10th amendment #9 to the committee substitute was lost.

Amendment #10 Senator Levetan of the 40th District moved to amend Senate Appropriations Committee Substitute to H.B. 122 by (removing from) State funds for the Judicial Branch, Section 3, relating to State Fiscal Year 2004 the figure $450,000 and by (decreasing) the object classes as listed below:

Other Operating Total Funds State Funds

$ (450,000) $ (450,000) $ (450,000)

and by (adding to) State funds for the Department of Community Health, Section 8,

relating to State Fiscal Year 2004 the figure $450,000 and by (increasing) the object

classes as listed below:

PeachCare Benefits, Penalties and Disallowances $ 1,590,668

Total Funds

$ 1,590,668

State Funds

$ 450,000

Current PeachCare Premiums: $7.50 with family cap at $15.00

Senate Appropriations Committee Recommendation:

$10.00 with family cap at $20.00

25% increase over current premium

Amendment Recommendation: $8.75 with family cap at $16.25

FRIDAY, APRIL 11, 2003

1903

To increase the PeachCare premiums to $8.75 per month for each child over age 6 (in lieu of $10) up to a family cap of 16.25 per month (in lieu of $20) by reducing funding in the Georgia Courts Automation Commission

(End of Amendment)

On the adoption of amendment #10, 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
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 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 Levetan amendment #10 to the committee substitute was lost.

Amendment #11 Senator Thomas of the 10th District moved to amend Senate Appropriations Committee Substitute to H.B. 122 by (removing from) the Department of Community Health, Section 8, relating to State Fiscal Year 2004 the following language: To remove the requirement that hospitals use the ICTF for primary care.

(End of Amendment)

On the adoption of amendment #11, the President ordered a roll call, and the vote was as follows:

1904

JOURNAL OF THE SENATE

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
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 N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 24, nays 30, and the Thomas of the 10th amendment #11 to the committee substitute was lost.

Amendment #12 Senator Tate of the 38th District moved to amend Senate Appropriations Committee Substitute to H.B. 122 by (removing from) State funds for the Department of Education, Section 11, relating to State Fiscal Year 2004 the figure $300,000 and by (decreasing) the object classes as listed below:

Student Testing Total Funds State Funds

$ (300,000) $ (300,000) $ (300,000)

and by (adding to) State funds for the Department of Education, Section 11, relating to State Fiscal Year 2004 the figure $300,000 and by (increasing) the object classes as listed below:

Per Diem, Fees and Contracts Total Funds State Funds

$ 300,000 $ 300,000 $ 300,000

For the Douglas High School Research Center

FRIDAY, APRIL 11, 2003

1905

(End of Amendment)

Senator Tate of the 38th asked unanimous consent that her amendment #12 be withdrawn. The consent was granted, and the amendment was withdrawn.

Amendment #13 Senator Butler of the 55th District moved to amend Senate Appropriations Committee Substitute to H.B. 122 by (removing from) State funds for the Judicial Branch, Section 3, relating to State Fiscal Year 2004 the figure $250,000 and by (decreasing) the object classes as listed below:

Other Operating Total Funds State Funds

$ (250,000) $ (250,000) $ (250,000)

and by (adding to) State funds for Department of Human Resources, Section 16, relating to State Fiscal Year 2004 the figure $250,000 and by (increasing) the object classes as listed below:

Contracts Total Funds State Funds

$ 250,000 $ 250,000 $ 250,000

To restore funding for the Asthma Program by reducing funding for the Georgia Courts Automation Commission
(End of Amendment)

On the adoption of amendment #13, 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 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
Levetan

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

1906

JOURNAL OF THE SENATE

Y Dean Y Fort Y 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 30, and the Butler amendment #13 to the committee substitute was lost.

Amendment #14 Senators Hooks of the 14th District and Starr of the 44th District moved to amend Senate Appropriations Committee Substitute to H.B. 122 by (removing from) State funds for the General Assembly, Section 1, relating to State Fiscal Year 2004 the figure $424,008 and by (decreasing) the object classes as listed below:

Personal Services - Staff Regular Operating Expenses Travel - Staff Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Total Funds State Funds

$ (379,972)

$

(10,036)

$

(5,000)

$

$

(14,000)

$

$

$

$

(15,000)

$ (424,008)

$ (424,008)

and by (adding to) State funds for the General Assembly, Section 1, relating to State Fiscal Year 2004 the figure $424,008 and by (increasing) the object classes as listed below:

Personal Services - Staff Regular Operating Expenses Travel - Staff Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees - Staff Contracts - Staff Telecommunications Total Funds State Funds

$ 382,472

$

7,536

$

5,000

$

$

14,000

$

$

5,000

$

5,000

$

5,000

$ 424,008

$ 424,008

FRIDAY, APRIL 11, 2003

1907

Section 1 General Assembly

To remove funding ($424,008) from the Senate Budget Office and reinstate funding for the BROC office $424,008
(End of Amendment)

On the adoption of amendment #14, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour Y Blitch
Bowen Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks
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
Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

E Seay N Shafer
Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes N 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 23, nays 27, and the Hooks, Starr amendment #14 to the committee substitute was lost.

Amendment #15 Senator Thomas of the 10th District moved to amend Senate Appropriations Committee Substitute to H.B. 122 by (removing from) State funds for the Judicial Branch, Section 3, relating to State Fiscal Year 2004 the figure $115,000 and by (decreasing) the object classes as listed below:

Other Operating Total Funds State Funds

$ (115,000) $ (115,000) $ (115,000)

1908

JOURNAL OF THE SENATE

and by (adding to) State funds for the Department of Community Health, Section 8, relating to State Fiscal Year 2004 the figure $115,000 and by (increasing) the object classes as listed below:

Grant-in-Aid Total Funds State Funds

$ 115,000 $ 115,000 $ 115,000

To restore the cut to the Office of Rural Health by reducing the Georgia Courts Automation Commission
(End of Amendment)

On the adoption of amendment #15, 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 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 N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 25, nays 30, and the Thomas of the 10th amendment #15 to the committee substitute was lost.

On the adoption of the substitute, the yeas were 36, nays 9, 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.

FRIDAY, APRIL 11, 2003

1909

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 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

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 Y Thompson Y Tolleson Y Unterman Y Williams N Zamarripa

On the passage of the bill, the yeas were 33, nays 22.

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

Senator Price of the 56th asked unanimous consent that HB 122 be immediately transmitted to the House. The consent was granted, and HB 122 was immediately transmitted.

Senator Price of the 56th asked unanimous consent that, at the proper time, the Secretary of the Senate be allowed to cast the vote of the entire Senate to insist on its substitute to HB 122. The consent was granted.

Senator Price of the 56th asked unanimous consent that, at the proper time, the Secretary of the Senate be allowed to cast the vote of the entire Senate to adhere to its substitute to HB 122, and that a Conference Committee of the following Senators be appointed: Hill of the 4th, Cheeks of the 23rd and Price of the 56th. The consent was granted.

Senator Smith of the 52nd gave notice that, at the proper time, he would move that the Senate reconsider its action on HB 623.

1910

JOURNAL OF THE SENATE

Senator Price of the 56th moved that the Senate stand in recess until 5:00 p.m., then adjourn until 10:00 a.m., Monday, April 14, 2003. At 2:25 p.m., the President announced that the motion prevailed.
The Senate adjourned at 5:00 p.m.

MONDAY, APRIL 14, 2003

1911

Senate Chamber, Atlanta, Georgia Monday, April 14, 2003
Thirty-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.

Senator Smith of the 52nd asked unanimous consent that the Senate reconsider its action in passing the following bill.

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 consent was granted, and HB 623 was reconsidered and placed at the foot of the Senate Rules Calendar for today.

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 and Senate:

HB 945.

By Representatives Martin of the 37th, Jones of the 38th, Campbell of the 39th and Burkhalter of the 36th:

A BILL to amend an Act consolidating, revising, and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said city, so as to change provisions relating to the Municipal Court of the City of Alpharetta; and for other purposes.

1912

JOURNAL OF THE SENATE

HB 946. HB 949.
HB 952. HB 956. HB 970. HB 971.

By Representative Coleman of the 118th:
A BILL to amend an Act entitled "An Act to provide a new charter for the City of Eastman," so as to annex certain territory to the City of Eastman and thereby change the corporate limits of said city; and for other purposes.
By Representatives Williams of the 128th, Keen of the 146th and DeLoach of the 127th:
A BILL to amend an Act creating the Board of Education of McIntosh County, 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; and for other purposes.
By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to provide that future elections for the office of probate judge of Bacon County shall be nonpartisan elections; and for other purposes.
By Representative Coleman of the 118th:
A BILL to amend an Act providing for the election of members of the Board of Education of Dodge County, so as to reapportion the education districts for election of the members of said board of education; and for other purposes.
By Representatives Porter of the 119th and Coleman of the 118th:
A BILL to amend an Act to provide for the election of members of the board of education of Laurens County, Georgia, from single-member districts, so as to amend the provisions for the date of election of members to the board of education so as to comply with state law; and for other purposes.
By Representative Birdsong of the 104th:
A BILL to amend an Act providing a new charter for the City of Gordon, so as to change certain provisions regarding the number of votes required to remove a city officer; and for other purposes.

MONDAY, APRIL 14, 2003

1913

HB 973.

By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:

A BILL to amend an Act creating a new charter for the City of Alma, so as to change the number and the description of the council districts; and for other purposes.

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.

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

HR 681. By Representative Channell of the 77th:

A RESOLUTION supporting the creation of a Law Enforcement Museum and Hall of Fame; and for other purposes.

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

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,

1914

JOURNAL OF THE SENATE

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.

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

SR 422. By Senators Zamarripa of the 36th, Williams of the 19th, Johnson of the 1st and Brown of the 26th:

A RESOLUTION creating the Senate Meeting Georgias Transportation Needs Through the Year 2025 Study Committee; and for other purposes.

Referred to the Rules Committee.

SR 431. By Senators Unterman of the 45th, Price of the 56th, Stephens of the 51st and Seabaugh of the 28th:

A RESOLUTION to create the Senate Study Committee on Location of Electric Transmission Lines; and for other purposes.

Referred to the Rules Committee.

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

MONDAY, APRIL 14, 2003

1915

HB 945. By Representatives Martin of the 37th, Jones of the 38th, Campbell of the 39th and Burkhalter of the 36th:
A BILL to amend an Act consolidating, revising, and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said city, so as to change provisions relating to the Municipal Court of the City of Alpharetta; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 946. By Representative Coleman of the 118th:
A BILL to amend an Act entitled "An Act to provide a new charter for the City of Eastman," so as to annex certain territory to the City of Eastman and thereby change the corporate limits of said city; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 949. By Representatives Williams of the 128th, Keen of the 146th and DeLoach of the 127th:
A BILL to amend an Act creating the Board of Education of McIntosh County, 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; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 952. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to provide that future elections for the office of probate judge of Bacon County shall be nonpartisan elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 956. By Representative Coleman of the 118th:
A BILL to amend an Act providing for the election of members of the Board of Education of Dodge County, so as to reapportion the education districts for election of the members of said board of education; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

1916

JOURNAL OF THE SENATE

HB 970. By Representatives Porter of the 119th and Coleman of the 118th:
A BILL to amend an Act to provide for the election of members of the board of education of Laurens County, Georgia, from single-member districts, so as to amend the provisions for the date of election of members to the board of education so as to comply with state law; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 971. By Representative Birdsong of the 104th:
A BILL to amend an Act providing a new charter for the City of Gordon, so as to change certain provisions regarding the number of votes required to remove a city officer; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 973. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to amend an Act creating a new charter for the City of Alma, so as to change the number and the description of the council districts; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HR 681. By Representative Channell of the 77th:
A RESOLUTION supporting the creation of a Law Enforcement Museum and Hall of Fame; and for other purposes.
Referred to the Rules 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 recommendations:

HB 456 HB 526

Do Pass Do Pass by substitute

MONDAY, APRIL 14, 2003

1917

HR 92

Do Pass as amended Respectfully submitted, Senator Hill of the 4th 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:

HB 771 Do Pass by substitute Respectfully submitted, Senator Crotts of the 17th 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 164 HB 194 HB 196 HB 213 HB 246

Do Pass Do Pass by substitute Do Pass Do Pass by substitute Do Pass

HB 255 HB 414 HB 599 HB 708 HR 68

Do Pass Do Pass Do Pass by substitute Do Pass by substitute Do Pass

Mr. President:

Respectfully submitted, Senator Tanksley of the 32nd 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 recommendation:

HR 397 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 recommendation:

HB 614 Do Pass

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

1918

JOURNAL OF THE SENATE

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 167 HB 333 HB 334 HB 370 HB 375 HB 396 HB 505 HB 512 HB 587 HB 588 HB 589 HB 602 HB 650 HB 659 HB 660 HB 665 HB 673 HB 674 HB 684 HB 690

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 691 HB 695 HB 698 HB 699 HB 704 HB 707 HB 710 HB 805 HB 841 HB 849 HB 850 HB 853 HB 871 HB 874 SB 290 SB 353 SB 370 SB 371 SB 374

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

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

The following legislation was read the second time:

HB 164 HB 194 HB 196

HB 213 HB 246 HB 255

HB 414 HB 456 HB 526

HB 599 HB 614 HB 708

HB 771 HR 68

HR 92 HR 397

Senator Thomas of the 2nd asked unanimous consent that Senators Kemp of the 3rd and Seay of the 34th be excused. The consent was granted, and Senators Kemp and Seay were 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.

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

MONDAY, APRIL 14, 2003

1919

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

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,N Thomas,R Thompson Unterman Williams Zamarripa

Those not answering were Senators:

Golden (Excused) Seay (Excused)

Hamrick Tolleson

Kemp, R. (Excused)

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

Senator Thomas of the 54th introduced the chaplain of the day, Reverend Calvin Haney, of Dalton, Georgia, who offered scripture reading and prayer.

The members pledged allegiance to the flag.

The following resolutions were read and adopted:

SR 418. By Senator Hill of the 4th:

A RESOLUTION commending Doris Mikel Tomblin; and for other purposes.

SR 419. By Senator Hill of the 4th:

A RESOLUTION commending the Pinewood Christian Academy Varsity Cheerleaders; and for other purposes.

1920

JOURNAL OF THE SENATE

SR 420. By Senator Hooks of the 14th:
A RESOLUTION congratulating Gordon E. Kitchens, Jr., upon his retirement; and for other purposes.
SR 421. By Senator Meyer von Bremen of the 12th:
A RESOLUTION commending Bill Lightle; and for other purposes.
SR 423. By Senator Unterman of the 45th:
A RESOLUTION honoring the memory of Edwin Richard Snell, Jr., on the occasion of his posthumous receipt of the Boy Scout Distinguished Citizen Award; and for other purposes.
SR 424. By Senator Unterman of the 45th:
A RESOLUTION commending Larrys Biscuits; and for other purposes.
SR 425. By Senator Unterman of the 45th:
A RESOLUTION commending and congratulating Ryan Knowles; and for other purposes.
SR 426. By Senator Unterman of the 45th:
A RESOLUTION commending the accomplishments and distinguished life of the late Dan Whitaker of Hall County; and for other purposes.
SR 427. By Senator Unterman of the 45th:
A RESOLUTION expressing regret at the passing of Mr. Sherrill W. Ritter, Jr.; and for other purposes.
SR 428. By Senator Unterman of the 45th:
A RESOLUTION commending Tom and Martha Moss; and for other purposes.
SR 429. By Senators Unterman of the 45th and Shafer of the 48th:
A RESOLUTION recognizing and commending James W. Oxendine on the occasion of his receipt of the Boy Scout Distinguished Citizen Award; and for

MONDAY, APRIL 14, 2003

1921

other purposes.
SR 430. By Senator Unterman of the 45th:
A RESOLUTION recognizing and commending Phillip Beard on the occasion of his receipt of the Boy Scout Distinguished Citizen Award; and for other purposes.
SR 432. By Senator Seabaugh of the 28th:
A RESOLUTION recognizing the 175th anniversary of the City of Newnan, Georgia, and for other purposes.
SR 433. By Senator Thomas of the 10th:
A RESOLUTION commending the Edgewood Golden Age Shining Stars; and for other purposes.
SR 434. By Senator Seabaugh of the 28th:
A RESOLUTION recognizing and commending the Honorable Alvin Arrowood, Mayor of Sharpsburg; and for other purposes.
Senator Tanksley of the 32nd asked unanimous consent that he be excused from voting on HB 375, a bill on the Local Calendar, pursuant to Senate Rule 175. The consent was granted, and Senator Tanksley was excused.
Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman 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 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, April 14, 2003 Thirty-seventh Legislative Day

1922

JOURNAL OF THE SENATE

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

SB 290

Hudgens of the 47th Jackson of the 50th FRANKLIN COUNTY

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.

SB 353

Thompson of the 33rd AUSTELL, CITY OF

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.

SB 370

Kemp of the 3rd Williams of the 19th WAYNE COUNTY

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.

SB 371 SB 374
HB 167 HB 333 HB 334

MONDAY, APRIL 14, 2003

1923

Kemp of the 3rd LONG COUNTY
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.
Seay of the 34th Starr of the 44th CLAYTON COUNTY
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 vacancies; to provide for certain submissions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Seay of the 34th Starr of the 44th CLAYTON COUNTY
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.
Mullis of the 53rd CATOOSA COUNTY
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.
Mullis of the 53rd CATOOSA COUNTY

1924 HB 370
HB 375
HB 396 HB 505

JOURNAL OF THE SENATE
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.
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 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.
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 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.
Hooks of the 14th REYNOLDS, CITY OF
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.
Hooks of the 14th Williams of the 19th WEBSTER COUNTY
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 512 HB 587 HB 588 HB 589 HB 602

MONDAY, APRIL 14, 2003

1925

Johnson of the 1st Kemp of the 3rd GLYNN COUNTY
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 undersheriff shall succeed to the office of sheriff upon vacancy in said office; and for other purposes.
Kemp of the 3rd Williams of the 19th WAYNE COUNTY
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.
Hooks of the 14th TALBOT COUNTY
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.
Hooks of the 14th TALBOT COUNTY
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.
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 amend an Act making provisions for the Magistrate Court of Cobb County, so as to provide for the compensation of the

1926 HB 650 HB 659
HB 660 HB 665

JOURNAL OF THE SENATE
chief magistrate of said court; and for other purposes.
Hooks of the 14th SMITHVILLE, CITY OF
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.
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 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.
Seabaugh of the 28th Lee of the 29th TROUP COUNTY
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. Golden of the 8th LOWNDES COUNTY
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.

HB 673 HB 674 HB 684 HB 690
HB 691

MONDAY, APRIL 14, 2003

1927

Lee of the 29th Seabaugh of the 28th LAGRANGE, CITY OF
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.
Stephens of the 51st FANNIN COUNTY
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.
Stephens of the 51st RABUN COUNTY
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.
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 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.
Collins of the 6th Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Clay of the 37th Tate of the 38th

1928 HB 695 HB 698 HB 699

JOURNAL OF THE SENATE
COBB COUNTY
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.
Meyer von Bremen of the 12th Bowen of the 13th Hooks of the 14th ALBANY, CITY OF
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.
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 JUDICIAL CIRCUIT
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.
Meyer von Bremen of the 12th Bowen of the 13th Hooks of the 14th DOUGHERTY COUNTY
A BILL to amend an Act creating the office of County Administrator of Dougherty County, so as to change the provisions

HB 704 HB 707 HB 710 HB 805 HB 841

MONDAY, APRIL 14, 2003

1929

regarding the Clerk of the Board of Commissioners of Dougherty County; and for other purposes.
Harp of the 16th Tolleson of the 18th Brown of the 26th BIBB COUNTY
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.
Hudgens of the 47th ELBERT COUNTY
A BILL to provide that future elections for the office of probate judge of Elbert County shall be nonpartisan elections; and for other purposes.
Kemp of the 3rd LONG COUNTY
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.
Johnson of the 1st Kemp of the 3rd MCINTOSH COUNTY
A BILL to provide that future elections for the office of probate judge of McIntosh County shall be nonpartisan elections; and for other purposes.
Hooks of the 14th Harp of the 16th Tolleson of the 18th UPSON COUNTY
A BILL to create a board of elections and registration for Upson County and provide for its powers and duties; and for other purposes.

1930

JOURNAL OF THE SENATE

HB 849

Hill of the 4th SCREVEN COUNTY

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

Hooks of the 14th MACON COUNTY

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.

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

HB 853

Hudgens of the 47th BANKS COUNTY

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 871

Dean of the 31st PAULDING COUNTY

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.

HB 874

Unterman of the 45th Kemp of the 46th BARROW COUNTY

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

MONDAY, APRIL 14, 2003

1931

election of members of the board of commissioners; 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:

E 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
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 E Kemp,R Y Lamutt
Lee Y Levetan Y Me V Bremen Y Moody Y Mullis
Price Y Reed Y 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 E 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 46, nays 0.

The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

NOTICE OF MOTION TO RECONSIDER:
HB 623 Bartow County; board of education; vacancies (SLGO-52nd) Lewis-12th
SENATE RULES CALENDAR MONDAY, APRIL 14, 2003
THIRTY-SEVENTH LEGISLATIVE DAY

1932

JOURNAL OF THE SENATE

HB 191 Motor vehicles; registration and insurance provisions; amend (Amendment)(PS&HS-11th) Lord-103rd
HB 134 Bingo; increase prize amounts (ED&T-15th) Buck-112th
HB 144 Inmate labor; certain private property; victim compensation (Substitute)(SI&P-36th) Marin-66th
HB 236 RICO Act; redefine racketeering activity; include insurance fraud (JUDY-37th) Golick-34th
HB 309 Joint development authorities; county of this state and contiguous county of adjoining state (I COOP-50th) Twiggs-8th
HB 314 Greenspace Trust Fund; interest; provisions for expenditure (APPROP-19th) Mosley-129th
HB 422 Income tax credit; certain businesses creating full-time jobs (Substitute) (FIN-51st) Richardson-26th
HB 455 Limousine carriers; annual inspection reports (PS&HS-19th) Powell-23rd
HB 461 Georgia Military Pension Fund; certain active duty not a break in service (Substitute)(RET-47th) Purcell-122nd
HB 492 Income tax credit; certain headquarters; creation of full-time jobs (Substitute)(FIN-51st) Richardson-26th
HB 503 Tollways; causeway to barrier islands; exemption for certain residents (TRANS-19th) Keen-146th
HB 544 Income tax; certain monthly returns; increase threshold (Substitute)(FIN-28th) Jamieson-22nd
HB 596 Oconee River Greenway Authority; amend provisions (ED&T-25th) Parham-94th
HB 597 State licensing boards; reduce number of members (NR&E 46th) Jackson-124th
HB 770 Indigent Defense Act; enact; circuit public defenders (Substitute) (JUDY-37th) Coleman-118th

MONDAY, APRIL 14, 2003

1933

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 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.
Senate Sponsor: Senator Bulloch of the 11th.
The Senate Public Safety and Homeland Security Committee offered the following amendment:
Amend HB 191 by striking line 29 of page 7 and inserting in lieu thereof the following: "(a)(1) Until January 31, 2003 December 31, 2003, the owner or operator of a motor vehicle for which"
On the adoption of the amendment, the yeas were 44, nays 0, and the committee amendment was adopted.
Senator Lee of the 29th requested a ruling of the Chair as to the germaneness of all the amendments.
The President ruled all of the amendments germane.
Senator Zamarripa of the 36th offered the following amendment #1:
Amend HB 191 by adding after the word and symbol "motorcycles;" on line 9 of page 1 the following: "to provide for a drivers license for certain persons who are not citizens of the United States; 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 change certain provisions relating to the duty to furnish information about the obligor to the department;"

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By renumbering Section 4 as Section 5, Section 5 as Section 6, Section 6 as Section 7, Section 7 as Section 9, Section 8 as Section 10, and Section 9 as Section 11.
By inserting a new Section 4 to read as follows:
"SECTION 4. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended by adding a new Code Section 40-5-28.2 to read as follows:
'40-5-28.2. (a) As used in this Code section, the term "Free Trade Area of the Americas" means Argentina, the Bahamas, Barbados, Barbuda, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Dominica, Dominican Republic, Ecuador, El Salvador, Granada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Uruguay, and Venezuela. (b) Any person who is a citizen of any nation included in the Free Trade Area of the Americas or who is a citizen of another country who provides to the department a drivers license issued from his or her country of origin or general residency to the extent that such drivers licenses are acceptable under subsection (c) of Code Section 40-5-25, a federal tax identification number, a valid passport, or a certified citizenship or birth documents issued by a consulate or embassy in the United States, and who satisfies all applicable eligibility requirements for a noncommercial class of drivers license other than United States citizenship or proof of legal authorization from the U.S. Immigration and Naturalization Service may be issued a drivers license for such class under this Code section. (c) The information provided to the department under subsection (b) of this Code section shall be retained by the department. The information shall be available only to department personnel to be used for purposes of Aid to Families with Dependent Children, Temporary Assistance to Needy Families, child support enforcement, and federal and state tax purposes. Information collected pursuant to this subsection shall not be available to any public or private entity, except as authorized by federal or state law. (d) Any person who knowingly makes any false statement or submits any false document, including any false identification relating to information as provided in subsection (b) of this Code section in an application for a drivers license provided for by this Code section shall be guilty of a violation of Code Section 16-10-20. (e) Nothing in this Code section shall conflict with or supplant laws or policies of the United States government, the Department of Immigration and Naturalization Services, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, the Department of Homeland Security, the Department of State, or the Internal Revenue Service.'"
By adding a new Section 8 to read as follows:

MONDAY, APRIL 14, 2003

1935

"SECTION 8. 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 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. Applicants who do not have a social security number may provide to the Department of Motor Vehicle Safety any one of the following documents: a drivers license issued from his or her country of origin or general residency to the extent that such drivers licenses are acceptable under subsection (c) of Code Section 40-5-25, a federal tax identification number, a valid passport, or a certified citizenship document or birth document issued by a consulate or embassy in the United States. 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 subsection 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.'"
Senator Williams of the 19th offered the following amendment #1a:
Amend Senate floor amendment #1 (AM 31 0062) to HB 191 by striking on page 2, line 28, the word "or" and adding on page 2, line 28 in lieu thereof the following: "in addition to"
Senator Williams of the 19th asked unanimous consent that his amendment #1a be withdrawn. The consent was granted, and the amendment was withdrawn.
Senators Harp of the 16th, Mullis of the 53rd and Smith of the 52nd offered the following amendment #1b:
Amend Senate floor amendment #1 (AM 31 0062) to HB 191 by:
At page 2 line 30 after United States. add the following

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"In addition, any new driver's license issued on or after July 1, 2003 shall indicate whether the licensee is a citizen of the United States."

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 Clay Y Collins Y Crotts Y Dean N 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 N Lee N Levetan
Me V Bremen Y Moody Y Mullis Y Price
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
Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams N Zamarripa

On the adoption of the amendment, the yeas were 45, nays 6, and the Harp, et al. amendment #1b was adopted.

Senator Smith of the 52nd offered the following amendment #1c:

Amend Senate floor amendment #1 (AM 31 0062) to HB 191 by striking on page 2, line 28, the word "or" and inserting on page 2, line 28 in lieu thereof the following: "in addition to.".

Senator Smith of the 52nd offered the following amendment #1d:

Amend Senate floor amendment #1 (AM 31 0062) by striking on page 2, line 25 the word "may" and inserting in lieu thereof the word "shall" and by striking on page 2, line 28, the word "or" and inserting on page 2, line 28 in lieu thereof the word "and".

Senator Smith of the 52nd asked unanimous consent that his amendments #1c and #1d be withdrawn. The consent was granted, and the amendments were withdrawn.

MONDAY, APRIL 14, 2003

1937

Senator Smith of the 52nd offered the following amendment #1e:

Amend Senate floor amendment #1 (AM 31 0062) to HB 191 by striking on page 2, line 25 the word "may" and inserting in lieu thereof the word "shall"

and by striking on page 2, line 25 the words "any one of"

and by striking on page 2, line 28 the word "or" and inserting in lieu thereof the word "and"

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 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 Y Henson Y Hill Y Hooks Y Hudgens
Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt N Lee N 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 N Tate Y Thomas,D N Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 44, nays 10, and the Smith of the 52nd amendment #1e was adopted.

On the adoption of the Zamarripa amendment #1, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour Y Blitch N Bowen

Y Harbison Y Harp Y Henson Y Hill

E Seay N Shafer N Smith,F N Smith,P

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

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

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

On the adoption of the amendment, the yeas were 32, nays 21, and the Zamarripa amendment #1 was adopted as amended.

Senators Brush of the 24th and Crotts of the 17th offered the following amendment #2: Amend HB 191 by adding on page 11, line 5 after the words "Section 40-9-37." the following:

If operator is 21 years or older, has proof of required insurance, has passed the Georgia motorcycle safety course or has a Georgia motorcycle license for 24 months that operator and any passenger that is 21 years or older is exempt from the mandatory headgear requirement in code section 40-6-315

Senators Crotts of the 17th and Brush of the 24th offered the following amendment #2a:

Amend Senate floor amendment #2 to HB 191 by adding on line 6 after the word insurance the following:

and additional medical coverage of not less than $25,000.00 or proof of medical health insurance,

On the adoption of the Crotts, Brush amendment #2a, the President ordered a roll call, and the vote was as follows:

N Adelman Y Balfour Y Blitch Y Bowen

Y Harbison Y Harp N Henson Y Hill

E Seay Y Shafer Y Smith,F Y Smith,P

MONDAY, APRIL 14, 2003

1939

N Brown Y Brush N 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 N Lee N Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

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

On the adoption of the amendment, the yeas were 42, nays 12, and the Crotts, Brush amendment #2a to the Brush, Crotts amendment #2 was adopted.

On the adoption of the Brush, Crotts amendment #2, the President ordered a roll call, and the vote was as follows:

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

Y Harbison N Harp N Henson Y Hill N Hooks Y Hudgens N Jackson Y Johnson N 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 Y Squires Y Starr N Stephens N Stokes N Tanksley N Tate N Thomas,D Y Thomas,N
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 25, nays 28, and the Brush, Crotts amendment #2 was lost.

Due to the failure to adopt the Brush, Crotts amendment #2 the Crotts, Brush amendment #2a was moot.

Senator Brush of the 24th moved that the Senate reconsider its action in defeating the Brush, Crotts amendment #2.

On the motion, a roll call was taken, and the vote was as follows:

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

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

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

On the motion to reconsider, the yeas were 25, nays 27; the motion failed, and the Senate did not reconsider the Brush, Crotts amendment #2.

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 N Balfour Y Blitch Y Bowen

Y Harbison Y Harp Y Henson Y Hill

E Seay N Shafer Y Smith,F N Smith,P

MONDAY, APRIL 14, 2003

1941

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

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

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

On the passage of the bill, the yeas were 37, nays 18.

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

Senator Cagle of the 49th gave notice that at the proper time, he would move that the Senate reconsider its action on HB 191.

The following communication was received by the Secretary:

April 14, 2003

The State Senate Atlanta, Georgia 30334

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

Dear Mr. Eldridge,

In voting for Amendment 1 to HB 191 as offered by Sen. Zamarripa, I inadvertently voted Yes. Please change my recorded vote of yes, and let the record reflect my vote as No.

Thank you for your prompt attention to my request. Sincerely,
/s/ Nathan Dean

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JOURNAL OF THE SENATE

Senator Cagle of the 49th introduced the doctor of the day, Dr. James Clay Copher.

Senator Balfour of the 9th recognized the Parkview High School basketball team, 2003 AAAAA state champions and their Coach Mike McCoy, commended by SR 374, adopted previously. Coach McCoy addressed the Senate briefly.

Senator Crotts of the 17th introduced Jodi Lynn Dyer, commended by SR 82, adopted previously.

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

The Calendar was resumed.

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.

Senate Sponsor: Senator Harbison of the 15th.

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

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 N Mullis Y Price

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 Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams

MONDAY, APRIL 14, 2003

1943

Y Hall Y Hamrick

Y Reed Y Seabaugh

Zamarripa

On the passage of the bill, the yeas were 49, nays 4.

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

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.

Senate Sponsor: Senator Zamarripa of the 36th.

The Senate State Institutions and Property Committee offered the following substitute to HB 144:
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 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 expressly provide that sovereign immunity is not waived relative thereto; to provide that local government graffiti removal programs shall not charge certain fees; to define a term; to provide legislative findings and declarations; 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; to change certain provisions regarding inmate accounts; to change certain provisions relating to hiring out of inmates, sales of products produced by inmates, disposition of proceeds, and payments to inmates for services; 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 inserting a new chapter to read as follows:

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"CHAPTER 15A
17-15A-1. The provisions of this chapter are enacted pursuant Article III, Section VI, Paragraph VI(f) of the Constitution and are in addition to those provisions for compensation of innocent victims of other crimes under Chapter 15 of this title.
17-5A-2. As used in this chapter, the term 'graffiti' means any inscriptions, words, figures, paintings, or other defacements that are written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of real property or improvements thereon without prior authorization of the owner or occupant of the property by means of any aerosol paint container, broad-tipped marker, gum label, paint stick, graffiti stick, etching equipment, brush, or other device capable of scarring or leaving a visible mark on any surface.
17-15A-3. The General Assembly finds and declares that:
(1) Criminal street gang activity is a serious and continuing public safety concern; (2) Criminal trespass and criminal damage to property in the second degree caused by graffiti being placed unlawfully upon private property are crimes frequently associated with criminal street gang activity; and (3) It is in the public interest, not only in the pursuit of justice but also as a means of combating such criminal street gang activity and of contributing to the general public welfare by improving the esthetics of public views, to compensate as provided in this chapter those private property owners who are the innocent victims of such criminal trespass or criminal damage to property in the second degree by using inmate labor to remove or obliterate graffiti unlawfully placed on private properties when such graffiti is visible from public roads or other public property.
17-15A-4. (a) In order to provide a form of compensation by the state to innocent victims of criminal trespass in violation of Code Section 16-7-21 or criminal damage to property in the second degree in violation of Code Section 16-7-23, either of which crime involved the unlawful placement of graffiti upon private property by a person who was not the owner of such property, the Board of Corrections or any political subdivision of this state may authorize the use of labor by inmates from any penal institution or jail under its authority to remove or obliterate such unlawfully placed graffiti when such graffiti is visible from any public road or other public property. Any such authorization and related supervision of inmates shall be a discretionary function within the meaning of paragraph (2) of Code Section 50-21-24 for purposes of sovereign immunity, and the sovereign immunity of neither the state nor any political subdivision thereof is waived for any loss arising out of such authorization or related supervision of inmates. The

MONDAY, APRIL 14, 2003

1945

Board of Corrections shall provide rules and regulations governing such use of labor by inmates from institutions under its jurisdiction. (b) No graffiti removal program operated by any political subdivision of this state shall charge any fee to any property owner or operator for removal of graffiti from such property."
SECTION 2. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking subsection (d) of Code Section 42-1-5, relating to use of inmates for private gain, and inserting in lieu thereof the following:
"(d) This Code section shall not apply to: (1) Work on private property because of natural disasters; (1.1) Work on private property as a form of victim compensation in accordance with Chapter 15A of Title 17; (2) Work or other programs or releases which have the prior approval of the board or commissioner of corrections; (3) Community service work programs; or (4) Work-release programs." SECTION 3.
Said title is further amended by striking subsection (a) and subsection (b) of Code Section 42-5-55, relating to payments for certain damages and medical costs from inmate accounts, and inserting in lieu thereof the following:
"(a) As used in this Code section, the term: (1) 'Detention facility' means a state, or county, or private correctional institution, workcamp, or other state or county detention facility used for the detention of persons convicted of a felony or a misdemeanor. (2) 'Inmate' means a person who is detained in a detention facility by reason of being convicted of a felony or a misdemeanor. (3) 'Medical treatment' means each visit initiated by the inmate to an institutional physician; physicians extender, including a physicians assistant or a nurse practitioner; registered nurse; licensed practical nurse; medical assistant; dentist; dental hygienist; optometrist; or psychiatrist for examination or treatment. (4) 'Officer in charge' means the warden, captain, or superintendent having the supervision of any detention facility.
(b) The commissioner or, in the case of a county or private facility, the officer in charge may establish by rules or regulations criteria for a reasonable deduction from money credited to the account of an inmate to:
(1) Repay the costs of: (A) Public property or private property in the case of an inmate housed in a private correctional facility willfully damaged or destroyed by the inmate during his or her incarceration; (B) Medical treatment for injuries inflicted by the inmate upon himself or herself or others;

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(C) Searching for and apprehending the inmate when he or she escapes or attempts to escape; such costs to be limited to those extraordinary costs incurred as a consequence of the escape; or (D) Quelling any riot or other disturbance in which the inmate is unlawfully involved; or (2) Defray the costs paid by the state or county for medical treatment for an inmate when the request for medical treatment has been initiated by the inmate.

SECTION 4. Said title is further amended by striking subsection (e) of Code Section 42-5-60, relating to hiring out of inmates, sales of products produced by inmates, disposition of proceeds, and payments to inmates for services, and inserting in lieu thereof the following:
"(e) The department or any state correctional institution or county correctional institution operating under jurisdiction of the board shall be authorized to require inmates coming into its custody to labor on the public roads or public works or in such other manner as the board may deem advisable, including without limitation any labor authorized under Chapter 15A of Title 17. The department may also contract with municipalities, cities, counties, the Department of Transportation, or any other political subdivision, public authority, public corporation, or agency of state or local government created by law, which entities are authorized by this Code section to contract with the department, for the construction, repair, or maintenance of roads, bridges, public buildings, and any other public works by use of penal labor."

SECTION 5. 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:

Y Adelman Y Balfour Y Blitch Y 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
Johnson (PRS) Y Kemp,B

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

MONDAY, APRIL 14, 2003

1947

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 51, nays 2.

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

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.

Senate Sponsor: Senator Clay of the 37th.

Senators Clay of the 37th, Tanksley of the 32nd and Hamrick of the 30th offered the following amendment:

Amend HB 236 by inserting after the first semicolon on line 4 of page 1 the following:
"to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to clarify definitions relating to insurance fraud;".

By inserting between lines 8 and 9 of page 3 the following:
"SECTION 1.1. Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, is amended by adding a new paragraph (4.1) to Code Section 331-2, relating to definitions, to read as follows:
'(4.1) "Natural person" means an individual human being and does not include any firm, partnership, association, corporation, or trust.'

SECTION 1.2. Said chapter is further amended by striking subsection (c) of Code Section 33-1-9, relating to insurance fraud, venue, and penalties, and inserting in lieu thereof the

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following:
'(c) A natural person convicted of a violation of subsection (a) of this Code section
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.'"

On the adoption of the amendment, the yeas were 32, nays 0, and the Clay, 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 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
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 52, nays 0.

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

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

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1949

this state and a contiguous county of an adjoining state; and for other purposes.

Senate Sponsor: Senator Jackson of the 50th.

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

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 54, nays 0.

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

At 1:10 p.m., Senator Johnson of the 1st, President Pro Tempore, announced that the Senate would stand in recess until 2:15 p.m.

At 2:15 p.m., the President called the Senate to order.

The Calendar was resumed.

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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.

Senate Sponsor: Senator Williams of the 19th.

Senators Clay of the 37th and Price of the 56th offered the following amendment:

Amend HB 314 by striking line 31 of page 3 and inserting in lieu thereof the following:
"appropriation for any purpose; provided, however, that this subsection shall be automatically repealed on July 1, 2005.'"

Senators Thompson of the 33rd, Clay of the 37th, Starr of the 44th and Price of the 56th offered the following amendment #1a:

Amend Senate amendment #1 (AM 21 2668) to HB 314 by striking the year 2005." on line 4, page one and inserting in lieu thereof the year 2004."

On the adoption of the amendment, the yeas were 41, nays 0, and the Thompson, et al. amendment #1a to the Clay, Price amendment #1, was adopted.

On the adoption of the amendment, the yeas were 45, nays 0, and the Clay, Price amendment #1 was adopted as amended.

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 N Butler Y Cagle N Cheeks

Y Harbison Y Harp N Henson Y Hill Y Hooks Y Hudgens Y Jackson N Johnson N 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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N Clay Y Collins Y Crotts Y Dean
Fort Y Gillis Y Golden N Hall Y Hamrick

N Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody N Mullis N Price Y Reed Y Seabaugh

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 42, nays 11.

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

The following resolution was read and put upon its adoption:

SR 441. By Senators Johnson of the 1st 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 Monday, April 14, the 37th legislative day of the session; (2) The General Assembly shall reconvene on Thursday, April 17, the 38th legislative day of the session; (3) The General Assembly shall adjourn at the conclusion of the legislative day on Thursday, April 17, the 38th legislative day of the session; (4) The General Assembly shall reconvene on Tuesday, April 22, the 39th legislative day of the session; (5) The General Assembly shall adjourn at the conclusion of the legislative day on Tuesday, April 22, the 39th day of the legislative session; and (6) The General Assembly shall reconvene on Thursday, April 24, 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.

BE IT FURTHER RESOLVED that this resolution shall supersede SR 242 and SR 242 shall no longer be effective after the adoption of this resolution.

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On the adoption of the resolution, the yeas were 50, nays 3, 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 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.

The following bill was taken up to consider House action thereto:

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.

Pursuant to a previously adopted motion on Friday, April 10, 2003, the Senate insisted on its substitute to HB 122.

The Calendar was resumed.

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.

Senate Sponsor: Senator Stephens of the 51st.

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

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Atlanta, Georgia 30334-8400

The Honorable Glenn Richardson State Representative State Capitol, Room 109 Atlanta, Georgia 30334

March 5, 2003

Dear Chairman Richardson:

SUBJECT: Fiscal Note House Bill 422 (LC 18 2440EC)

Under this Bill, business enterprises planning projects for the establishment of new or expanded manufacturing facilities in Georgia could apply to the Commissioner of the Department of Revenue for a credit against income taxes equal to $5,250 per year for five years for each of as few as 1,800 or as many as 3,300 new jobs which were to be created. For the application to be approved, the planned facility would have to call for an investment of at least $450 million and a creation of at least 1,800 jobs by the end of the sixth taxable-year after workers were first hired at the project site. Moreover, a review committee would have to certify that the construction and subsequent operation of the facility would have a "significant beneficial economic effect" on the region in which located. Though the committee could consider many factors, a beneficial effect would be assumed if planned wages exceeded those of the county of location by 20, 10, or 5 percent for projects located respectively in tier 1, tier 2, or tiers 3 and 4 of Georgia counties. The tax credits for new full-time jobs could be used to offset income tax liabilities or, were there any excess, withholding tax liabilities of the corporation. Should the Commissioner, at the end of the sixth taxable-year, not be assured that the overall investment and job-creation levels had been met, these credits could be reclaimed. Moreover, during the next five taxable-years, the "recapture period," the sixth-year level of job creation would have to be maintained or current and past credits would be recalled. For each taxable-year that employment slipped below the level prevailing at the end of the sixth taxable-year, twenty percent of all credits utilized would be reclaimed. The prior tax advantages would be reversed using amended returns. The application, creation, and maintenance provisions relating to the job credits would become effective when the Bill was passed and signed into law.

The Bill would act upon the revenues of the State in distinct ways. First, the credits would reduce the income taxes of corporations or the employee withholding taxes which corporations channel to the State. If credits were applied only to income tax liabilities, the revenue loss could occur any time over a carryforward period of ten years. If applied against withholding, corporations could gain cash quarter-by-quarter and so make the State's loss (and the company's benefit) immediate. Second, the credits available to an enterprise would vary with the number of jobs created and maintained and with the

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number of years the new jobs had served as the basis for credits. After five years of expansion, credit claims would begin to decline even if employment levels were maintained. The wage supplement which a new activity enjoyed would not continue indefinitely. Third, if employees for the new project or facility were drawn from the already-employed and similarly-compensated in the state, the credits would have a greater negative impact on revenues than if employees were drawn from without. The income payments going to new workers would generate new income taxes directly and other taxes indirectly and thus offset the credits which were added. Fourth, insofar as "investment" were for value added rather than merely for a transfer of property rights, the required investment would generate income, spending, and taxes which would act against the negative revenue impact of credits. Since the time-pattern of investment typically leads that of employment, the credits for early employees could perhaps be overcome revenue-wise by the contributions from spending on the project.
The impact of the Bill on the State's revenues can be illustrated using the stipulated minimums of $450 million in investment and 1,800 in jobs and assumed phase-in patterns for both investment and hiring. In particular, it is assumed that investment of $90 million occurs in each of the first five years. Employment is taken to reach 200, 500, 800, 1,100, 1,500, and 1,800 at the ends of the first through the sixth years. As it turns out, the annual revenue impacts follow essentially the same pattern regardless of the tier in which the project and resulting manufacturing facility is located. Net revenue impacts start out positive, peak in the third taxable-year, recede but remain positive in the fourth to the sixth taxable-years, become negative in the sixth or seventh taxable-years, reach a low in the eighth taxable-year, and become slightly positive in the tenth or eleventh taxableyears. By the end of the recapture period, the influence of credits is over. For in-state recruiting, the net impact on the State's revenues are of course the same in all tiers. From a positive impact of about $5 million in the year of initiation (possibly 2003), the annual revenue impact of a minimally-qualified project ($450 million in investment aimed at the employment of 1,800 workers) rises to about $6 million at the end of third taxable-year, slips to a decrease of about $3 million at the end of the sixth taxable-year, and to a low of $4 million (decrease) at the end of the eighth. By the end of the eleventh taxable-year, claimed credits reach zero and the investment effect is virtually spent. For out-of-state recruiting, the impacts are larger positively and smaller negatively and vary somewhat across tiers. For a location in tier 1, for example, revenues are boosted by slightly over $5 million in the first taxable-year, reach to over $7 million in the third taxable-year, fall slowly to zero in the sixth taxable-year, and fall by slightly over $1 million in the seventh and eighth taxable-years. For a location in tier 3, the initial annual gain is just over $5 million, the third-year peak reaches to $8 million, and the eighth-year low is a decline of well below $1 million. By the end of the sixth taxable-year, the State's revenues have been boosted by a total of $32 million, $36 million, $37 million and $36 million in tiers 1, 2, 3, and 4 respectively. In contrast, the comparative increase for the same project using in-state recruiting is $23 million. Of course, different phase-in patterns for investment and employment might give different gains. However, application of two

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markedly different phase-ins produced totals which differed from those offered by the choices here by no more than $3 million.
Sincerely,
/s/ Russell W. Hinton State Auditor
/s/ Bill Tomlinson, Director Office of Planning and Budget
The Senate Finance Committee offered the following substitute to HB 422:
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 provide for an income tax credit for full-time employee jobs created by certain business enterprises and an income tax credit for investments made by certain business enterprises in building new manufacturing facilities in this state; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for additional withholding and filing requirements; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by adding two new Code sections immediately following Code Section 48-7-40.23, to be designated Code Sections 48-7-40.24 and 48-7-40.25 to read as follows:
"48-7-40.24. (a) As used in this Code section, the term:
(1) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing. Such term shall not include retail businesses. (2) 'Eligible full-time employee' means an individual holding a full-time employee job created by a qualified project. (3) 'Force majeure' means any:
(A) Explosions, implosions, fires, conflagrations, accidents, or contamination; (B) Unusual and unforeseeable weather conditions such as floods, torrential rain, hail, tornadoes, hurricanes, lightning, or other natural calamities or acts of God;

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(C) Acts of war (whether or not declared), carnage, blockade, or embargo; (D) Acts of public enemy, acts or threats of terrorism or threats from terrorists, riot, public disorder, or violent demonstrations; (E) Strikes or other labor disturbances; or (F) Expropriation, requisition, confiscation, impoundment, seizure, nationalization, or compulsory acquisition of the site of a qualified project or any part thereof; but such term shall not include any event or circumstance that could have been prevented, overcome, or remedied in whole or in part by the taxpayer through the exercise of reasonable diligence and due care, nor shall such term include the unavailability of funds. (4) 'Full-time employee job' and 'full-time job' means employment of an individual which: (A) Is located in this state at the site of a qualified project or the manufacturing facility resulting therefrom; (B) Involves a regular work week of 35 hours or more; (C) Has no predetermined end date; and (D) Pays at or above the average wage of the county with the lowest average wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. For purposes of this paragraph, leased employees will be considered employees of the company using their services and such persons may be counted in determining the companys job tax credits under this Code section if their employment otherwise meets the definition of full-time job contained herein. In addition, an individuals employment shall not be deemed to have a predetermined end date solely by virtue of a mandatory retirement age set forth in a company policy of general application. The employment of any individual in a bona fide executive, administrative, or professional capacity, within the meaning of Section 13 of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 213(a)(1), as such Act existed on January 1, 2002, shall not be deemed to have a predetermined end date solely by virtue of the fact that such employment is pursuant to a fixed-term contract, provided that such contract is for a term of not less than one year. (5) 'Investment requirement' means the requirement that by the close of the sixth taxable year following the withholding start-date a minimum of $450 million in qualified investment property will have been purchased or acquired by the business enterprise to be used with respect to a qualified project. (6) 'Job creation requirement' means the requirement that no later than the close of the sixth taxable year following the withholding start-date, the business enterprise will have a minimum of 1,800 eligible full-time employees. (7) 'Job maintenance requirement' means the requirement that, with respect to each year in the recapture period, the monthly average number of eligible full-time employees employed by the business enterprise, determined as prescribed by subsection (l) of this Code section, must equal or exceed 1,800.

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(8) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in a qualified project, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. (9) 'Qualified project' means the construction of a new manufacturing facility in this state or the expansion of an existing manufacturing facility in this state. For purposes of this paragraph, the term 'manufacturing facility' means a single facility, including contiguous parcels of land, improvements to such land, buildings, building improvements, and any machinery or equipment that is used in the process of making, fabricating, constructing, forming, or assembling a product from components or from raw, unfinished, or semifinished materials, and any support facility. For purposes of this paragraph, the term 'support facility' means any warehouses, distribution centers, storage facilities, research and development facilities, laboratories, repair and maintenance facilities, corporate offices, sales or marketing offices, computer operations facilities, or administrative offices, that are contiguous to the manufacturing facility that results from a qualified project, constructed or expanded as part of the same such project, and designed primarily for activities supporting the manufacturing operations at such manufacturing facility. (10) 'Recapture period' means the period of five consecutive taxable years that commences after the first taxable year in which a business enterprise has satisfied both the investment requirement and the job creation requirement. (11) 'Withholding start-date' means the date on which the business enterprise begins to withhold Georgia income tax from the wages of its employees located at the site of a qualified project. (b) A business enterprise that is planning a qualified project shall be allowed to take the job tax credit provided by this Code section under the following conditions: (1) An application is filed with the commissioner that:
(A) Describes the qualified project to be undertaken by the business enterprise, including when such project will commence and the expected withholding startdate; (B) Certifies that such project will meet the investment requirement and the job creation requirement prescribed by this Code section; and (C) Certifies that during the recapture period applicable to such project the business enterprise will meet the job maintenance requirement prescribed by this Code section; (2) Following the commissioners referral of the application to a panel composed of the commissioner of community affairs, the commissioner of industry, trade, and tourism, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the new facility or expansion will have a significant beneficial economic effect on the region for which it is planned. The panel shall make its determination within 30 days after receipt from the commissioner of the taxpayers application and any necessary supporting documentation. Although the panels certification may be based upon other criteria, a project that meets the

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minimum employment and investment requirements specified in paragraph (1) of this subsection will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met:
(A) The project will create new full-time employee jobs with average wages that are, as determined by the Department of Labor, for all jobs for the county in question:
(i) Twenty percent above such average wage for projects located in tier 1 counties; (ii) Ten percent above such average wage for projects located in tier 2 counties; or (iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or (B) The project demonstrates high growth potential based upon the prior years Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayers Georgia net taxable income in each of the two preceding years also grew by 20 percent or more. (c) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition thereof by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the year in which the lease becomes binding on the lessor and the taxpayer. (d) A business enterprise whose application is approved shall be allowed a tax credit for taxes imposed under this article equal to $5,250.00 annually per new eligible fulltime employee job for five years beginning with the year in which such job is created through year five after such creation; provided, however, that where the amount of such credit exceeds a business enterprises liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayers election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. For any one taxable year the amounts taken as a credit against taxes imposed under this article and against the business enterprises quarterly or monthly payments under Code Section 48-7-103 may not in the aggregate exceed $5,250.00 per eligible full-time employee job. Each employee whose employer receives credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. To qualify

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for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. (e) The number of new full-time jobs to which this Code section shall be applicable shall be determined each month by comparing the number of full-time employees subject to Georgia income tax withholding as of the last payroll period of such month or as the payroll period during each month used for the purpose of reports to the Department of Labor with the number of such employees for the previous month. (f) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. (g) To qualify for the credit provided by this Code section a new full-time job must be created by the close of the seventh taxable year following the business enterprises withholding start-date. In no event may a credit be claimed under this Code section for more than 3,300 new full-time employee jobs created by any one project; provided, however, that the taxpayer may claim the credits provided by Code Sections 48-7-40 and 48-7-40.1 for any such additional jobs if the taxpayer meets the terms and conditions thereof. (h) Any credit claimed under this Code section but not fully used in the manner prescribed in subsection (d) of this Code section may be carried forward for ten years from the close of the taxable year in which the qualified job was established. (i) Except as provided in subsection (g) of this Code section, a taxpayer who is entitled to and takes credits provided by this Code section with respect to a qualified project shall not be allowed to take any of the credits authorized by Code Section 48-7-40, 487-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.6, 48-7-40.7, 48-7-40.8, 48-7-40.9, 48-7-40.10, 48-7-40.11, 48-7-40.15, 48-7-40.17, or 48-7-40.18 with respect to jobs, investments, child care, or ground-water usage shifts created by, arising from, related to, or connected in any way with the same project. Such taxpayer may take any credit authorized by Code Section 48-7-40.5 for the costs of retraining an employee located at the site of such project or the manufacturing facility resulting therefrom, but only with respect to costs incurred more than five years after the date the manufacturing facility first becomes operational. (j) Except under those circumstances described in subsection (k) of this Code section, the taxpayer shall, not more than 60 days after the close of the sixth taxable year following its withholding start-date, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to determine whether the taxpayer has met both the investment requirement and job creation requirement with respect to such project. If the taxpayer has failed to meet

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either such requirement, the taxpayer will forfeit the right to claim any credits provided by this Code section for such project. A taxpayer that forfeits the right to claim such credits is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification from the commissioner that either the investment requirement or the job creation requirement was not met, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. On such amended returns the taxpayer may claim any credit to which it would have been entitled under this article but for having taken the credit provided by this Code section. (k) If the recapture period applicable to a qualified project begins with or before the sixth taxable year following the taxpayers withholding start-date, the taxpayer shall, not later than 60 days after the close of the taxable year immediately preceding the recapture period, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to verify that the taxpayer met both the investment requirement and job creation requirement in such preceding year. (l) Not more than 60 days after the close of each taxable year within the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may reasonably require, concerning whether it met the job maintenance requirement for such year. For purposes of this subsection, whether such requirement has been satisfied shall be determined by comparing the monthly average number of eligible full-time employees subject to Georgia income tax withholding for the taxable year with 1,800. If the taxpayer has failed to meet the job maintenance requirement for such year, the taxpayer will forfeit the right to 20 percent of all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for 20 percent of all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 482-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification by the commissioner that the taxpayer has failed to meet the job maintenance requirement for such year, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (m) A taxpayer who fails to meet the job maintenance requirement for any taxable year within the recapture period because of force majeure may petition the commissioner for relief from such requirement. Such a petition must be made with and at the same time

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as the report required by subsection (l) of this Code section. If the commissioner determines that force majeure materially affected the taxpayers ability to meet the job maintenance requirement for such year, but that the portion of the year so affected was six months or less, the commissioner shall calculate the taxpayers monthly average number of eligible full-time employees for purposes of subsection (l) of this Code section by disregarding the affected months. If the commissioner determines that the affected portion of the year was more than six months, the taxable year shall be disregarded in its entirety for purposes of the job maintenance requirement and the recapture period applicable to the qualified project shall be extended for an additional year. (n) Unless more time is allowed therefor by Code Section 48-7-82 or 48-2-49, the commissioner may make any assessment attributable to the forfeiture of credits claimed under this Code section for the periods covered by any amended returns filed by a taxpayer pursuant to subsection (j) or (l) of this Code section within one year from the date such returns are filed. If the taxpayer fails to file the reports or any amended return required by subsection (j) or (l) of this Code Section, the commissioner may assess additional tax or other amounts attributable to the forfeiture of credits claimed under this Code section at any time. (o) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section.
48-7-40.25. (a) As used in this Code section, the term:
(1) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing. Such term shall not include retail businesses. (2) 'Force majeure' means any:
(A) Explosions, implosions, fire, conflagrations, accidents, or contamination; (B) Unusual and unforeseeable weather conditions such as floods, torrential rain, hail, tornadoes, hurricanes, lightning, or other natural calamities or act of God; (C) Acts of war (whether or not declared), carnage, blockade, or embargo; (D) Acts of public enemy, acts or threats of terrorism or threats from terrorists, riot, public disorder, or violent demonstrations; (E) Strikes or other labor disturbances; or (F) Expropriation, requisition, confiscation, impoundment, seizure, nationalization, or compulsory acquisition of the site of a qualified project or any part thereof; but such term shall not include any event or circumstance that could have been prevented, overcome, or remedied in whole or in part by the taxpayer through the exercise of reasonable diligence and due care, nor shall such term include the unavailability of funds. (3) 'Full-time employee' means an individual holding a full-time employee job. (4) 'Full-time employee job' and 'full-time job' mean employment of an individual which:

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(A) Is located in this state at the manufacturing facility resulting from a qualified project; (B) Involves a regular work week of 35 hours or more; (C) Has no predetermined end date; and (D) Pays at or above the average wage of the county with the lowest average wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. For purposes of this paragraph, leased employees will be considered employees of the company using their services, and such persons may be counted in determining the companys credits under this Code section if their employment otherwise meets the definition of full-time job contained herein. In addition, an individuals employment shall not be deemed to have a predetermined end date solely by virtue of a mandatory retirement age set forth in a company policy of general application. The employment of any individual in a bona fide executive, administrative, or professional capacity, within the meaning of Section 13 of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 213(a)(1), as such act existed on January 1, 2002, shall not be deemed to have a predetermined end date solely by virtue of the fact that such employment is pursuant to a fixed-term contract, provided that such contract is for a term of not less than one year. (5) 'Investment requirement' means the requirement that a minimum of $800 million in qualified investment property shall have been purchased or acquired for use in a qualified project and be in service. (6) 'Job maintenance requirement' means the requirement that the monthly average number of full-time employees employed by the business enterprise during the first 60 months of the recapture period must equal or exceed 90 percent of the job requirement. (7) 'Job requirement' means the requirement that the number of full-time employees must equal or exceed 1,800. (8) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in a qualified project, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. (9) 'Qualified project' means the construction of a new manufacturing facility in this state. For purposes of this paragraph, the term 'manufacturing facility' means a single facility, including contiguous parcels of land, improvements to such land, buildings, building improvements, and any machinery or equipment that is used in the process of making, fabricating, constructing, forming, or assembling a product from components or from raw, unfinished, or semifinished materials, and any support facility. For purposes of this paragraph, the term 'support facility' means any warehouses, distribution centers, storage facilities, research and development facilities, laboratories, repair and maintenance facilities, corporate offices, sales or marketing offices, computer operations facilities, or administrative offices that are contiguous to the manufacturing facility that results from a qualified project, constructed or

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expanded as part of the same such project, and designed primarily for activities supporting the manufacturing operations at such manufacturing facility. (10) 'Recapture period' means the period of ten consecutive taxable years that commences after the taxable year in which the taxpayer has met both the investment requirement and the job requirement. (b) A business enterprise that has operated an existing manufacturing facility in this state for the immediately three preceding years and that is planning a qualified project shall be allowed to take the credit provided by this Code section under the following conditions: (1) An application is filed with the commissioner that:
(A) Describes the qualified project to be undertaken by the business enterprise, including when such project will commence; (B) Certifies that such project will meet the investment requirement and the job requirement prescribed by this Code section, stating when the business enterprise expects to meet such requirements; and (C) Certifies that during the recapture period applicable to such project the business enterprise will meet the job maintenance requirement prescribed by this Code section; and (2) Following the commissioners referral of the application to a panel composed of the commissioner of community affairs, the commissioner of industry, trade, and tourism, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the new facility will have a significant beneficial economic effect on the region for which it is planned. The panel shall make its determination within 30 days after receipt from the commissioner of the taxpayers application and any necessary supporting documentation. Although the panels certification may be based upon other criteria, a project that meets the minimum job and investment requirements specified in paragraph (1) will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met: (A) The full-time employee jobs that will be located at the manufacturing facility resulting from such project will pay average wages that are, as determined by the Georgia Department of Labor for all jobs for the county in question:
(i) Twenty percent above such average wage for projects located in tier 1 counties; (ii) Ten percent above such average wage for projects located in tier 2 counties; or (iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or (B) The project demonstrates high growth potential based upon the prior years Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayers Georgia net taxable income in each of the two preceding years also grew by 20 percent or more. (c) Any lease for a period of five years or longer of any real or personal property used in a new manufacturing facility which would otherwise constitute qualified investment

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property shall be treated as the purchase or acquisition thereof by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the year in which the lease becomes binding on the lessor and the taxpayer. (d) A business enterprise whose application is approved shall be allowed a credit against the tax imposed under this article in an amount equal to 6 percent of the cost of all qualified investment property purchased or acquired by the business enterprise in such year, subject to the conditions and limitations set forth in this Code section. Where the amount of such credit exceeds a business enterprises liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayers election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. Each employee whose employer receives credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. (e) The credit granted under subsection (d) of this Code section shall be subject to the following conditions and limitations:
(1) In order to qualify as a basis for the credit, the investment in qualified investment property must occur no sooner than April 1, 2003. The credit may be taken beginning with the taxable year in which the taxpayer has met both the investment requirement and the job requirement, and for such first year the credit may include qualified investment property purchased or acquired in prior years but after March 31, 2003. For each year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayers Georgia income tax return which will set forth the following information, as a minimum:
(A) A description of the qualified project; (B) The amount of qualified investment property acquired during the taxable year; (C) The amount of tax credit claimed for the taxable year; (D) The amount of qualified investment property acquired in prior taxable years; (E) Any tax credit previously taken by the taxpayer against Georgia income tax liabilities or the taxpayers quarterly or monthly payments under Code Section 48-7103; (F) The amount of tax credit carried over from prior years; (G) The amount of tax credit utilized by the taxpayer in the current taxable year; (H) The amount of tax credit to be carried over to subsequent tax years; and

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(I) The monthly average number of full-time jobs during the taxable year; (2) Any credit claimed under this Code section but not fully used in the manner prescribed in subsection (d) of this Code section may be carried forward for 15 years from the close of the later of:
(A) The taxable year in which the qualified investment property was acquired; or (B) The taxable year in which both the job requirement and investment requirement are satisfied. The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity but any unused investment tax credit may be transferred and continued by any transferee of the business enterprise; (3) In the initial year in which the taxpayer claims the credit granted in subsection (d) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project includes the acquisition of qualified investment property having an aggregate cost equal to or exceeding $800 million and that the job requirement was satisfied during such year; and (4) The utilization of the credit granted in subsection (d) of this Code section shall have no effect on the taxpayers ability to claim depreciation for tax purposes on the assets acquired by the taxpayer, nor shall the credit have any effect on the taxpayers basis in such assets for the purpose of depreciation. (f) In no event may credits exceeding $50 million in the aggregate be claimed under this Code section with respect to any one project. (g) A taxpayer who is entitled to and takes credits provided by this Code section with respect to a qualified project shall not be allowed to take any of the credits authorized by Code Section 48-7-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.6, 48-740.7, 48-7-40.8, 48-7-40.9, 48-7-40.10, 48-7-40.11, 48-7-40.15, 48-7-40.17, 48-740.18, or 48-7-40.24 with respect to jobs, investments, child care, or ground-water usage shifts created by, arising from, related to, or connected in any way with the same project. Such taxpayer may take any credit authorized by Code Section 48-7-40.5 for the cost of retraining an employee located at the site of such project or the manufacturing facility resulting therefrom, but only with respect to costs incurred more than five years after the date the manufacturing facility first becomes operational. (h) Not more than 60 days after the close of the fifth taxable year within the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may reasonably require, concerning whether it met the job maintenance requirement. If the taxpayer has failed to meet the job maintenance requirement, the taxpayer will forfeit the right to all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were forgone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification by the commissioner that the taxpayer has failed to meet the job

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maintenance requirement, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (i) A taxpayer who fails to meet the job maintenance requirement because of force majeure may petition the commissioner for relief from such requirement. Such a petition must be made with and at the same time as the report required by subsection (h) of this Code section. If the commissioner determines that force majeure materially affected the taxpayers ability to meet the job maintenance requirement, but that the portion of any year so affected was six months or less, the commissioner shall calculate the taxpayers monthly average number of full-time employees for purposes of subsection (h) of this Code section by disregarding the affected months. If the commissioner determines that the affected portion of any such year was more than six months, the taxable year shall be disregarded in its entirety for purposes of the job maintenance requirement and the recapture period applicable to the qualified project shall be extended for an additional year. (j) If the manufacturing facility resulting from a qualified project is abandoned at any time during the recapture period, the taxpayer will forfeit the right to all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were forgone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. For purposes of this subsection, a manufacturing facility will be considered abandoned if there is, for any reason other than force majeure, a complete cessation of manufacturing operations for a period of 12 consecutive months or more during the recapture period. Not more than 60 days after the close of the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may require, concerning whether such an abandonment occurred. No later than 90 days after notification by the commissioner that an abandonment occurred, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (k) Unless more time is allowed therefor by Code Section 48-7-82 or 48-2-49, the commissioner may make any assessment attributable to the forfeiture of credits claimed under this Code section for the periods covered by any amended returns filed by a taxpayer pursuant to subsections (h) and (j) of this Code section within one year from the date such returns are filed. If the taxpayer fails to file the reports or any amended return required by subsections (h) and (j) of this Code section, the commissioner may assess additional tax or other amounts attributable to the forfeiture of credits claimed under this Code section at any time.

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(l) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 48-7-103, relating to quarterly, monthly, and jeopardy returns, and inserting in its place a new subsection (b) to read as follows:
"(b)(1) Every employer whose tax withheld or required to be withheld exceeds $200.00 per month is required to file and remit payment to the department on or before the fifteenth day of the following month; provided, however, that the commissioner shall be authorized to promulgate rules and regulations to permit the filing of such returns on a quarterly basis. (2) Every employer whose tax withheld or required to be withheld exceeds $1,000.00 per month and who is required to file and remit payments to the Internal Revenue Service on a semiweekly basis shall be required to file and remit payments to the department on a semiweekly basis."
SECTION 3. (a) Except as otherwise 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 and shall be applicable to all taxable years beginning on or after January 1, 2003. (b) Section 2 of this Act shall become effective January 1, 2004, and shall be applicable to all taxable years beginning on or after January 1, 2004.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Brown of the 26th offered the following amendment:
Amend the Senate Finance Committee substitute to HB 422 by inserting after "requirements;" on line 7 of page 1 the following:
"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;".
By redesignating Sections 3 and 4 as Sections 5 and 6, respectively, and inserting after line 19 on page 14 the following:
"SECTION 3. Said chapter is further amended by adding a new subsection (j) to Code Section 48-7-

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127, relating to tax penalties, to read as follows: '(j) False claims of independent contractor status. (1) 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 or payment of taxes required under this title. (2) In addition to any other penalties provided by law, any person who violates paragraph (1) of this subsection shall: (A) Upon his or her first conviction, be punished as for a misdemeanor; provided, however, that any fine imposed shall be not less than $500.00 nor more than $1,000.00 for each violation. In addition, such person shall be ineligible to bid on any state, county, or municipal contract and to do any business with any state, county, or municipal government from the date of such conviction until one year after the completion of the sentence imposed as a result of such conviction, including all periods of incarceration, probation, and parole resulting from such conviction; (B) Upon his or her second conviction, be punished as for a misdemeanor of a high and aggravated nature; provided, however, that any fine imposed shall be not less than $1,000.00 nor more than $5,000.00 for each violation. In addition, such person shall be ineligible to bid on any state, county, or municipal contract and to do any business with any state, county, or municipal government from the date of such conviction until two years after the completion of the sentence imposed as a result of such conviction, including all periods of incarceration, probation, and parole resulting from such conviction; or (C) Upon his or her third or subsequent conviction, be punished as a felony by imprisonment for one to five years, a fine of not less than $1,000.00 nor more than $10,000.00 for each violation, or both. In addition, such person shall be ineligible to bid on any state, county, or municipal contract and to do any business with any state, county, or municipal government from the date of such conviction until three years after the completion of the sentence imposed as a result of such conviction, including all periods of incarceration, probation, and parole resulting from such conviction.
(3) For purposes of this subsection concerning ineligibility to bid on government contracts and to do business with governmental entities, a plea of nolo contendere shall be deemed to be a conviction.'"

On the adoption of the amendment, Senator Williams of the 19th called for the yeas and nays. The call was sustained, and the vote was as follows:

Y Adelman N Balfour Y Blitch

Y Harbison N Harp Y Henson

E Seay N Shafer Y Smith,F

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1969

N Bowen 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

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

N Smith,P Y Squires Y Starr N Stephens Y Stokes N 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 29, and the Brown amendment to the committee substitute was lost.

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 Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort

Y Harbison 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

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

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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 54, 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
April 14, 2003

Please record a yea vote for me on HB 422. /s/ Seth Harp

The Calendar was resumed.

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.

Senate Sponsor: Senator Williams of the 19th.

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 Harbison Y Harp Y Henson
Hill Y Hooks Y Hudgens Y Jackson
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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1971

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

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

Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams N Zamarripa

On the passage of the bill, the yeas were 47, nays 2.

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

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.

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

The Honorable Ann Purcell State Representative State Capitol, Room 401 Atlanta, Georgia 30334
Dear Representative Purcell:

February 13, 2003
SUBJECT: State Auditor's Certification House Bill (LC 21 7499S)

This bill would amend provisions relating to the Georgia Military Pension Fund. Specifically, this bill would clarify that activation of a member into the armed forces would not constitute a break in service.

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This is to certify that this substitute bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Respectfully,
/s/ Russell W. Hinton State Auditor
The Senate Retirement Committee offered the following substitute to HB 461:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 24 of Title 47, relating to the Georgia Military Pension Fund, so as to clarify provisions relating to the use of prior service as credit in such retirement fund which the member may also use to calculate a benefit under a military pension; to provide that certain ordered active duty shall not constitute a break in service; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 24 of Title 47, relating to the Georgia Military Pension Fund, is amended by striking in its entirety Code Section 47-24-82, relating to exceptions to the grant of creditable service, and inserting in lieu thereof the following:
"47-24-82. (a) Any provision of this article to the contrary notwithstanding, no service which is used to qualify a member for a retirement or pension benefit based on length of service, age, or physical disability from any of the regular components of the United States armed forces, including without limitation service in the active guard status, shall be used as creditable service under this pension fund. (b) Except as provided in subsection (a) of this Code section, no No provision in this chapter shall be construed as to affect or preclude any benefits to which a member may be entitled under any federal or private retirement or pension plan or any retirement or pension fund governed by this title."
SECTION 2. Said chapter is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 47-24-100, relating to eligibility for retirement under such retirement fund, effective date, and application, and inserting in lieu thereof the following:
"(3) Served at least ten consecutive years as a member of the Georgia National Guard immediately before discharge; provided, however, for purposes of this paragraph,

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1973

activation of a Georgia National Guard member into any of the regular components of the armed forces shall not constitute a break in service; and"

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

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

April 10, 2003

The Honorable Ralph T. Hudgens State Senator Legislative Office Building, Room 304-B Atlanta, Georgia 30334
Dear Chairman Hudgens:

SUBJECT: State Auditor's Certification Substitute to HB 461 (LC 21 7499S)

This bill would amend provisions relating to the Georgia Military Pension Fund. Specifically, this bill would clarify provisions regarding the use of prior service as credit in the Georgia Military Pension Fund which a member may also use to calculate a benefit under a military pension. Additionally, this bill would provide that activation of a member into the armed forces would not constitute a break in 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

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:

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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
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
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.

The following message was 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 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.

The Speaker has appointed on the part of the House, Representatives Buck of the 112th, Smyre of the 111th, and Parrish of the 102nd.

The following bill was taken up to consider House action thereto:

MONDAY, APRIL 14, 2003

1975

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.

Pursuant to a previously adopted motion on Friday, April 10, 2003 the Senate adhered to its substitute and appointed as a Committee of Conference the following Senators: Hill of the 4th, Cheeks of the 23rd and Price of the 56th.

The Calendar was resumed.

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.

Senate Sponsor: Senator Stephens of the 51st.

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

The Honorable Glenn Richardson State Representative State Capitol, Room 109 Atlanta, Georgia 30334
Dear Chairman Richardson:

March 5, 2003
SUBJECT: Fiscal Note House Bill 492 (LC 18 2476EC)

This Bill would extend the income tax credit currently limited to the headquarters of a taxpayer to the headquarters of the taxpayer's subsidiary or "affiliated group". It would also reduce the qualifying number of new jobs required to be filled at an establishment or relocation of an enterprise's headquarters in Georgia. Under current law, at least onehundred new full-time jobs must be created in the first year of operation to make tax credits available. Under the Bill, fifty or more jobs would be sufficient. The current

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investment requirement of one-million dollars in the first year of operation would remain. Also, there would be no change in the annual credits of $2,500 for jobs with average wages of 100 percent to 115 percent of the county averages and of $5,000 for jobs with average wages of 200 percent or more above county levels. Additionally, the credits would still be available for jobs in the tax-year created and in the four years following. However, only new jobs created within seven years from the date of the first tax withholding by the new headquarters could be counted. As presently, too, the credits claimed could be applied, first, against the taxpayer's income tax liability. Any excess credit could then go towards the withholding payments which the taxpayer sends to the State on behalf of employees. The provisions of the Bill would become effective for taxyears 2003 and years following.
Although filling a new job with an employee triggers the headquarters tax credit, the direct pecuniary benefit attaches to the headquarters rather than to the worker. For the first five years of a filled new job, the enterprise's labor cost across counties can be reduced by roughly five to twelve percent for the $2,500 credit and by seven to twelve percent for the $5,000 credit. Bargaining with informed workers, of course, could absorb part of the enterprise's acquired advantage. This is the situation under current law. Were the number of jobs required to qualify for such savings reduced, as the Bill does, the existing incentives to establish or relocate headquarters in Georgia would be strengthened. This incentive would be made even stronger by including the headquarters of affiliated groups linked to the taxpayer. The number of responding enterprises should increase. Unfortunately, the analysis necessary to pinpoint the probable number, employee size, and tier of location of new headquarters is lacking. However, for a single new headquarters, the maximum dollar amount of credits can be indicated according to tier of location and threshold of compensation. While the augmented coverage and easier qualification would benefit business enterprises, it would simultaneously impose revenue losses on the State.
A single new headquarters locating in any tier could add as many as fifty more employees qualifying for credits than presently. If the workforce at the headquarters were drawn from already-employed and similarly-compensated workers in Georgia, the State's revenue loss would be larger than if the workforce were drawn from outside Georgia. In the latter case, taxes imposed on new wages and expenditures would partially offset the increase in the dollar volume of credits. In either case, taxes generated by the required expenditure of one million dollars or more for establishment or relocation of a headquarters would act to offset the revenue loss as well. For a within-state workforce, the maximum first-year net revenue loss in each tier would be $0.1 million or $0.3 million, depending upon whether average wages paid allowed $2,500 or $5,000 in credits. In contrast, for workforces drawn from outside Georgia, the maximum losses in each tier would be slightly below $0.1 million for both the $2,500 and $5,000 credit categories.

MONDAY, APRIL 14, 2003

1977

Should the incentives offered in the Bill attract a dozen new headquarters in tax-year 2003, about twenty-five percent of the number of manufacturing headquarters currently in the state, the revenue loss imposed by the Bill could range from highs of $1.0 million to $3.0 million. If the workforce for the new headquarters were drawn from outside Georgia rather than from those currently-employed and similarly-compensated within the state, the cost of the incentives could be reduced to a range of zero (breakeven) to about $1.5 million. The more numerous the new headquarters, the higher the State's cost.
Sincerely,
/s/ Russell W. Hinton State Auditor
/s/ Bill Tomlinson, Director Office of Planning and Budget
The Senate Finance Committee offered the following substitute to HB 492:
A BILL TO BE ENTITLED AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the income tax credit regarding establishing or relocating headquarters, so as to change a definition; to change certain procedures, conditions, and limitations; to provide for delayed implementation of certain provisions relating to state insurance premium tax credits with respect to certified capital companies; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-7-40.17, relating to the income tax credit regarding establishing or relocating headquarters, by striking subsections (a) and (b) and inserting in their place new subsections (a) and (b), respectively, to read as follows:
"(a) As used in this Code section, the term: (1) 'Average wage' means the average wage of the county in which a full-time job is located as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (2) 'Full-time job' means employment for an individual which: (A) Is located at a headquarters; (B) Has a regular work week of 30 hours or more;

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(C) Pays at or above: (i) In tier 1 counties, the average wage of the county in which it is located; (ii) In tier 2 counties, 105 percent of the average wage of the county in which it is located; (iii) In tier 3 counties, 110 percent of the average wage of the county in which it is located; and (iv) In tier 4 counties, 115 percent of the average wage of the county in which it is located; and
(D) Has no predetermined end date. (3) 'Headquarters' means the principal central administrative office of a taxpayer or a subsidiary of the taxpayer. (4) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended. (b) A taxpayer establishing its headquarters in this state or relocating its headquarters into this state which: (1) Within one year of the first date on which it withholds wages for employees at such headquarters pursuant to the provisions of Code Section 48-7-101 employs at least 100 persons in new full-time jobs at such headquarters or the headquarters of a subsidiary, defined as the taxpayers 'affiliated group' within the meaning of Section 1504(a) of the Internal Revenue Code of 1986, as amended, pursuant to the provisions of Code Section 48-7-101, employs at least 50 persons in new full-time jobs at such headquarters; (2) Within one year of the first date on which it withholds wages for employees at such headquarters pursuant to the provisions of Code Section 48-7-101 incurs within the state a minimum of $1 million in construction, renovation, leasing, or other costs related to such establishment or relocation; and (3) Elects not to receive the tax credits provided for by Code Sections 48-7-40, 48-740.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9 for such jobs or such investment shall be allowed a credit for taxes imposed under this article equal to $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located per eligible new full-time job; provided, however, that where the amount of such credit exceeds a taxpayers liability for such taxes in a taxable year, the excess may be taken as a credit against such taxpayers quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located for each new full-time job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such taxpayers quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this

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1979

subsection. Credits against quarterly or monthly payments under Code Section 48-7103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. For each new full-time job created, the The credit established by this subsection may be taken for the first taxable year in which the new full-time job is created and for the four immediately succeeding taxable years, and the taxpayer shall thereafter be ineligible for such credit; provided, however, that such new full-time jobs must be created within seven years from the close of the taxable year in which the taxpayer first becomes eligible for such credit. Credit shall not be allowed during a year if the net employment increase falls below the 100 50 new full-time jobs required. Any credit received for years prior to the year in which the net employment increase falls below the 100 50 new full-time jobs required shall not be affected. The commissioner shall adjust the credit allowed each year for net new employment fluctuations above the 100 50 new full-time jobs required."
SECTION 2. Said title is further amended by striking subsection (a) of Code Section 48-18-3, relating to investments of certified capital and premium tax credits, and inserting in its place a new subsection (a) to read as follows:
"(a) Any certified investor who makes an investment of certified capital pursuant to an allocation of tax credits under Code Section 48-18-4 shall, in the year of investment, earn a vested credit against state premium tax liability equal to 100 percent of the certified investors investment of certified capital. After July 1, 2005 January 1, 2007, a certified investor shall be entitled to take up to 10 percent of such vested tax credits in any taxable year to reduce the certified investors state premium tax liability for such taxable year of the certified investor, plus up to 10 percent of the original amount of any tax credits some or all of which was carried forward unused pursuant to subsection (b) of this Code section; provided, however, that, in the event that a certified investor is unable under the provisions of this Code section to utilize the full 10 percent allowable under the provisions of this subsection for a taxable year, the remainder of such 10 percent may be taken in a future tax year without regard to the annual limitations of this subsection."
SECTION 3. Said title is further amended by adding a new Code section at the end thereof, to be designated Code Section 48-18-9, to read as follows:
"48-18-9. Notwithstanding any provision of law to the contrary, no provision of this chapter shall be implemented prior to July 1, 2004."
SECTION 4. (a) Except as otherwise 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.

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(b) Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2003.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Senators Price of the 56th and Johnson of the 1st offered the following amendment #1:
Amend the Senate Finance Committee substitute to HB 492 by inserting "to increase the amount of the retirement income exclusion for state income tax purposes;" between "limitations;" and "to" on line 4 of page 1.
By inserting between lines 11 and 12 of page 3 the following:
"SECTION 1A. Said title is further amended in Code Section 48-7-27, relating to computation of taxable net income, by striking divisions (a)(5)(A)(viii) and (a)(5)(A)(ix) and inserting in their place the following:
'(viii) For taxable years beginning on or after January 1, 2002, and prior to January 1, 2003, retirement income from any source not to exceed an exclusion amount of $14,500.00; and (ix) For taxable years beginning on or after January 1, 2003, and prior to January 1, 2006, retirement income from any source not to exceed an exclusion amount of $15,000.00; (x) For taxable years beginning on or after January 1, 2006, and prior to January 1 2007, retirement income from any source not to exceed an exclusion amount of $55,000.00; and (xi) For taxable years beginning on or after January 1, 2007, retirement income from any source not to exceed an exclusion amount of $65,000.00.'"
On the adoption of the amendment, the yeas were 37, nays 3, and the Price, Johnson amendment #1 to the committee substitute, was adopted.
Senators Lamutt of the 21st and Zamarripa of the 36th offered the following amendment #2:
Amend the Senate Committee Substitute to HB 492 by striking lines 4 and 5 on page 1 and inserting in lieu thereof "limitations; to modify, revise, and restructure the allocation of state insurance premium tax credits for certified capital companies; to change certain provisions regarding the procedures for applying for and the amount of such credits; to provide".

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1981

By striking lines 13 through 27 on page 3 and inserting in lieu thereof the following: "Said title is further amended by striking subsection (e) of Code Section 48-18-2, relating to procedures for making application, and inserting in lieu thereof a new subsection (e) to read as follows:
'(e) The certified capital company shall certify to the director of the department at the time of application that within 60 days of the investment of certified capital in the certified capital company, at least one of such principals or managers of the certified capital company shall be primarily located in an office of the certified capital company which is based in this state the company has been formed in Georgia by Georgia residents and that it meets all other requirements for in-state operation that the director may establish by rule or regulation.'
SECTION 2A. Said title is further amended by striking subsections (b) and (c) of Code Section 48-18-4, relating to amount of certified capital regarding tax credits, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
'(b) Certified capital for which tax credits are allowed will be allocated to certified investors in certified capital companies in the order that tax credit allocation claims are received by the department from such certified capital companies on behalf of their certified investors. All filings made on the same day shall be treated as having been made contemporaneously. (c) In the event that two or more certified capital companies file tax credit allocation claims with the department on behalf of their respective certified investors on the same day, and the amount of such tax credit allocation claims exceeds in the aggregate the limit of available tax credits under the provisions of subsection (a) of this Code section, capital for which tax credits are allowed shall be allocated among the certified investors who filed on that day on a pro rata basis with respect to the amounts claimed. The pro rata allocation for any one certified investor shall be the product of a fraction, the numerator of which is the amount of the tax credit allocation claim filed on behalf of such certified investor and the denominator of which is the total of all tax credit allocation claims filed on behalf of all certified investors on such day, multiplied by the aggregate limitation as provided in subsection (a) of this Code section or such lesser amount of tax credits that remains unallocated on such day the director of the department shall select one certified capital company to receive its entire tax credit allocation claim up to the limit specified in this Code section. This selection shall be through an open and competitive bid process which the director shall establish by rule or regulation. If, after awarding an entire claim to one certified capital company, additional tax credits are available under the provisions of subsection (a) of this Code section, the selection process shall continue for additional certified capital companies, each of which shall receive up to its maximum claim until the credits under the provisions of subsection (a) of this Code section are exhausted or until no further claims are outstanding.'"

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On the adoption of the amendment, the yeas were 11, nays 26, and the Lamutt, Zamarripa amendment #2 to the committee substitute, was lost.

On the adoption of the substitute, the yeas were 50, nays 3, 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 Y Clay Y Collins Y Crotts Y Dean N 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 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
Zamarripa

On the passage of the bill, the yeas were 50, nays 3.

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 adopted by the requisite constitutional majority the following Resolution of the Senate:

MONDAY, APRIL 14, 2003

1983

SR 441. By Senators Johnson of the 1st and Price of the 56th:

A RESOLUTION relative to adjournment; and for other purposes.

The Calendar was resumed.

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.

Senate Sponsor: Senator Williams of the 19th.

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 N Fort
Gillis Y Golden Y Hall Y Hamrick

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 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
Zamarripa

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 49, nays 2.
The bill, having received the requisite constitutional majority, was passed.
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.
Senate Sponsor: Senator Cagle of the 49th.
The Senate Finance Committee offered the following substitute to HB 544:
A BILL TO BE ENTITLED AN ACT
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; to provide for additional filing requirements; to provide 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. Code Section 48-7-103 of the Official Code of Georgia Annotated, relating to quarterly, monthly, and jeopardy returns, is amended by striking subsections (a) and (b) and inserting in their place new subsections (a) and (b) to read as follows:
"(a) Every employer whose tax withheld or required to be withheld is $200.00 $1,000.00 or less per month is required to file and remit payment to the department on or before the last day of the month following the end of the quarter.
(b)(1) Except as otherwise provided in paragraph (2) of this subsection, every Every employer whose tax withheld or required to be withheld exceeds $200.00 $1,000.00 per month is required to file and remit payment to the department on or before the fifteenth day of the following month; provided, however, that the commissioner shall be authorized to promulgate rules and regulations to permit the filing of such returns on a quarterly basis. (2) Every employer whose tax withheld or required to be withheld exceeds $1,000.00 per month and who is required to file and remit payments to the Internal Revenue Service on a semiweekly basis shall be required to file and remit payments to the department on a semiweekly basis."

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1985

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2004.
SECTION 3. 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 Y Blitch Y Bowen Y Brown
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

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 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 49, nays 0.

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

HB 596. 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,

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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.

Senate Sponsor: Senator Smith of the 25th.

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

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 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.

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,

MONDAY, APRIL 14, 2003

1987

relating to professions and businesses, so as to reduce the number of members on certain professional licensing boards; and for other purposes.
Senate Sponsor: Senator Kemp of the 46th.
Senators Johnson of the 1st and Kemp of the 46th offered the following amendment #1:
Amend HB 597 by striking lines 19 through 24 on page 1 and inserting in lieu thereof the following:
"(b)(1) Until first day of the month immediately following the effective date of this Act, the The board shall consist of five foresters who shall be selected and appointed by the Governor and who shall have the qualifications required by Code Section 12-643. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a forester member of the board whose term shall then terminate on the first day of the month following the effective date of this Act. (2) On the first day of the month immediately following the effective date of this Act, the board shall consist of four foresters".
By striking lines 1 through 9 on page 3 and inserting in lieu thereof the following: "'(a)(1) The Until the first day of the month immediately following the effective date of this Act, the board shall consist of seven members possessing the qualification qualifications specified in subsection (a) of Code Section 26-4-21 and one additional member possessing the qualifications specified in subsection (b) of Code Section 264-21 who shall be appointed by the Governor for a term of five years or and until their successors are appointed and qualified. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a pharmacist member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act. (2) On and after the first day of the month immediately following the effective date of this Act, the board shall consist of six members".
By inserting "the first day of the month immediately following" after "Until" on line 22 on page 3 and by striking lines 5 through 7 on page 4 and inserting in lieu thereof the following: "of his or her successor, except that, on or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a certified public accountant member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 30 on page 4 and after "after" on line 3 on page 5.

1988

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By striking lines 16 through 17 on page 5 and inserting in lieu thereof the following: "qualified, except that, on or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of an architect member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act." By inserting "the first day of the month immediately following" after "Until" on line 3 on page 6 and after "after" on line 9 on page 6.
By striking lines 18 through 20 on page 6 and inserting in lieu thereof the following: "chapter. On or before the first day of the month immediately following the effective date of this Act, the President of the Senate shall designate one of the positions of the two members of the board appointed by the President of the Senate whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 33 on page 6 and after "after" on line 9 on page 7.
By striking lines 5 through 8 on page 7 and inserting in lieu thereof the following: "whatsoever with the practice or profession of auctioneering. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of an auctioneer member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 24 on page 7 and after "after" on line 34 on page 7.
By striking lines 30 through 33 on page 7 and inserting in lieu thereof the following: "qualified. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a barber member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By striking lines 20 through 27 on page 8 and inserting in lieu thereof the following: "confirmation by the Senate; provided, however, that, on or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of an practicing chiropractor member whose term shall then terminate on the first day of the month immediately following the effective date of this Act. Such members shall be of good moral character, residents of the state, and".

MONDAY, APRIL 14, 2003

1989

By inserting "the first day of the month immediately following" after "Until" on line 11 on page 9.
By striking lines 12 through 16 on page 9 and inserting in lieu thereof the following: "Act, the board shall consist of nine members who shall be residents of this state. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a cosmetologist member of the board whose term shall then terminate on first day of the month immediately following the effective date of this Act. On and after first day of the month immediately following the effective date of this Act, the board shall consist of eight members who shall be residents of this state. The board shall have the duty of carrying out and enforcing this chapter.'"
By inserting "the first day of the month immediately following" after "Until" on line 21 on page 9, after "Until" on line 30 on page 9, and after "after" on line 35 on page 9.
By striking lines 23 through 29 on page 9 and inserting in lieu thereof the following: "commissioned by the Governor as provided in subsection (b) of this Code section. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a dentist member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act. On and after the first day of the month immediately following the effective date of this Act, the board shall consist of 10 members to be appointed and commissioned by the Governor as provided in subsection (b) of this Code section."
By inserting "the first day of the month immediately following" after "Until" on line 32 on page 10 and after "after" on line 4 on page 11.
By striking lines 11 through 14 on page 11 and substituting in lieu thereof the following: "(4) On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a dietitian member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 31 on page 11 and after "after" on line 6 on page 12. By striking lines 2 through 5 on page 12 and inserting in lieu thereof the following: "citizen of the United States and a resident of this state. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a professional engineer member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."

1990

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By inserting "the first day of the month immediately following" after "Until" on line 19 on page 12 and after "after" on line 27 on page 12.
By striking lines 23 through 26 on page 12 and inserting in lieu thereof the following: "a recognized interest in consumer affairs and in consumer protection concerns. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a practicing funeral director and embalmer member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 14 on page 14 and after "after" on line 23 on page 14.
By striking lines 19 through 22 on page 14 and inserting in lieu thereof the following: "this title; and one of whom shall be appointed from the public at large. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a hearing aid dispenser member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 31 on page 15 and after "after" on line 3 on page 16.
By striking line 36 on page 15 and lines 1 and 2 on page 16 and inserting in lieu thereof the following: "are appointed and qualified. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a registered nurse member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 2 on page 17 and after "after" on line 8 on page 17.
By striking lines 5 through 7 on page 17 and inserting in lieu thereof the following: "On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a licensed practical nurse member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "until" on line 8 on page 18.

MONDAY, APRIL 14, 2003

1991

By striking lines 33 through 37 on page 18 and lines 1 through 3 on page 19 and inserting in lieu thereof the following: "provided, however, that, on or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a licensed nursing home administrator member whose term shall then terminate on the first day of the month immediately following the effective date of this Act. On and after the first day of the month following the effective date of this Act, the board shall consist of 12 members appointed as provided in this Code section with five members who shall be licensed nursing home administrators."
By striking lines 13 through 20 on page 19 and inserting in lieu thereof the following: "confirmed by the Senate; provided, however, that, on or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a licensed occupational therapist member whose term shall then terminate on the first day of the month immediately following the effective date of this Act. On and after the first day of the month immediately following the effective date of this Act, the board shall consist of five members appointed as provided in this Code section with four members who shall be licensed occupational therapists. The members of the board".
By inserting "the first day of the month immediately following" after "Until" on line 1 on page 20 and after "after" on line 9 on page 20.
By striking lines 5 through 8 on page 20 and inserting in lieu thereof the following: "connection whatsoever with the trade or occupation of dispensing optician. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a dispensing optician member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 21 on page 20 and after "after" on line 25 on page 20.
By striking lines 22 through 24 on page 20 and inserting in lieu thereof the following: "as provided in this Code section. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of an optometrist member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 6 on page 21 and after "after" on line 12 on page 21.
By striking lines 9 through 11 on page 21 and inserting in lieu thereof the following:

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"qualified. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a physical therapist member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 3 on page 23 and after "after" on line 8 on page 23.
By striking lines 4 through 7 on page 23 and inserting in lieu thereof the following: "be appointed by the Governor under conditions set forth in this chapter. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a psychologist member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 10 on page 24 and after "after" on line 20 on page 24.
By striking lines 17 through 19 on page 24 and inserting in lieu thereof the following: "person representing the public. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a speech-language pathologist member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 1 on page 25 and after "after" on line 21 on page 25.
By striking lines 18 through 20 on page 25 and inserting in lieu thereof the following: "On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of an independent used car dealer member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."
By inserting "the first day of the month immediately following" after "Until" on line 15 on page 27 and after "after" on line 20 on page 27.
By striking lines 16 through 19 on page 27 and inserting in lieu thereof the following: "appointed for a term of five years or until his or her successor is appointed. On or before the first day of the month immediately following the effective date of this Act, the Governor shall designate the position of a veterinarian member of the board whose term shall then terminate on the first day of the month immediately following the effective date of this Act."

MONDAY, APRIL 14, 2003

1993

On the adoption of the amendment, the yeas were 29, nays 10, and the Johnson, Kemp of the 46th amendment #1 was adopted.
Pursuant to Senate Rule 143, action on HB 597 was suspended, and HB 597 was placed on the Senate General Calendar.
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.
Senate Sponsor: Senator Clay of the 37th.
The Senate Judiciary Committee offered the following substitute to HB 770:
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

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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 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

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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. (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.

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(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. (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
17-12-1. (a) This article shall be known and may be cited as the 'Georgia Indigent Defense Act

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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 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

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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 members of the board. Any expenses incurred by the board shall be paid from the general operating budget of the board.

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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 meets or exceeds the standards promulgated by the board for the operation of indigent defense systems at no greater cost to the state. 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 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.

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(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. (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

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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; (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

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(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. (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.

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(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. 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.

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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. 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.

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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 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.

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(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. 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.

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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 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

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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 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.

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(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. 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

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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 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

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2011

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. (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

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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 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

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2013

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 Meyer von Bremen of the 12th and Adelman of the 42nd offered the following amendment #1: Amend the Senate Judiciary Committee substitute to HB 770 by striking "Governor" on line 15 on page 2 and on line 15 on page 6 and inserting in lieu thereof "Supreme Court of Georgia".

By striking "Senate Committee on Assignments" on lines 20 and 21 on page 2 and lines 20 and 21 on page 6 and inserting in lieu thereof "President of the Senate".

By striking "Supreme Court of Georgia" on lines 21 and 22 on page 2 and lines 21 and 22 on page 6 and inserting in lieu thereof "Governor".

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 Y Hamrick

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
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 24, nays 29, and the Meyer von Bremen, Adelman amendment #1 to the committee substitute, was lost.

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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 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 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 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
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 bill, having been reconsidered earlier today, was continued upon its passage:

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.

Senate Sponsor: Senator Smith of the 52nd.

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2015

Senators Smith of the 52nd and Thomas of the 54th offered the following amendment:

Amend HB 623 by striking lines 14 through 25 on page 1 and inserting in lieu thereof the
following: "(1) A special election shall be called by the election superintendent of Bartow County within 120 days after the vacancy occurs to fill the vacancy for the remainder of the
unexpired term. Such special election shall be called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or
hereafter amended; (2) If the vacancy occurs less than 180 days prior to the date of a scheduled primary
or election, then such special election shall be held on the same date as such scheduled primary or election; and".

On the adoption of the amendment, the yeas were 48, nays 0, and the Smith of the 52nd, 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
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 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 51, nays 0.

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The bill, having received the requisite constitutional majority, was passed as amended.
Senator Price of the 56th moved that the Senate adjourn pursuant to SR 441, until 10:00 a.m., Thursday, April 17, 2003; the motion prevailed, and at 5:26 p.m., the President announced the Senate adjourned.

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2017

Senate Chamber, Atlanta, Georgia Thursday, April 17, 2003
Thirty-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.

Senator Cagle of the 49th moved that the Senate reconsider its action in passing the following bill.

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.

On the motion, a roll call was taken, and the vote was as follows:

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

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

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

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On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 191 was reconsidered and placed at the foot of the Senate Rules Calendar for today.

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 and Senate:

HB 947. By Representative Elrod of the 25th:

A BILL to amend an Act providing a new charter for the City of Commerce, so as to reconstitute the governing authority of the city and its independent school district, and provide for districts, elections, terms, qualifications, powers, duties, rights, and liabilities; and for other purposes.

HB 974. By Representatives Elrod of the 25th and Massey of the 24th:

A BILL to amend an Act entitled "An Act to create and establish the Jackson County Airport Authority," so as to change the membership and method of appointing members of said authority; to provide for compensation; to provide for a chairperson and other officers; and for other purposes.

HB 979.

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 Commissioners of Jones County, so as to reapportion the commissioner districts; and for other purposes.

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

SB 101. SB 134. SB 158.

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2019

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.
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.
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.
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.

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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 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.

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 House has passed, as amended, by the requisite constitutional majority the following Bills of the Senate:

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.

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

THURSDAY, APRIL 17, 2003

2021

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.

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

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.

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.

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.

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

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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.
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.
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.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 386. By Senators Thomas of the 10th, Butler of the 55th and Stokes of the 43rd:
A BILL to be entitled an Act to provide that the tax commissioner of DeKalb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of DeKalb 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.

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2023

SB 387. By Senators Hall of the 22nd and Cheeks of the 23rd:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Richmond 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 388. By Senators Lee of the 29th and Seabaugh of the 28th:
A BILL to be entitled an Act to provide a new charter for the City of Haralson; 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, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SR 442. By Senator Price of the 56th:
A RESOLUTION creating the Senate Study Committee on Georgia Safe Dams; the roles, responsibilities, and accountabilities of all parties involved; the funding and other resources necessary for safe dams; and for other purposes.
Referred to the Rules Committee.
SR 445. By Senator Thompson of the 33rd:
A RESOLUTION creating the Senate Study Committee on the Filing and Approval of Property and Casualty Insurance Rates; and for other purposes.
Referred to the Rules Committee.

2024

JOURNAL OF THE SENATE

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

HB 947. By Representative Elrod of the 25th:

A BILL to amend an Act providing a new charter for the City of Commerce, so as to reconstitute the governing authority of the city and its independent school district, and provide for districts, elections, terms, qualifications, powers, duties, rights, and liabilities; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 974. By Representatives Elrod of the 25th and Massey of the 24th:

A BILL to amend an Act entitled "An Act to create and establish the Jackson County Airport Authority," so as to change the membership and method of appointing members of said authority; to provide for compensation; to provide for a chairperson and other officers; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 979. 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 Commissioners of Jones County, so as to reapportion the commissioner districts; 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:

HB 316 Do Pass Mr. President:

Respectfully submitted, Senator Collins of the 6th District, Chairman

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

THURSDAY, APRIL 17, 2003

2025

following recommendations:

HB 772 HR 266

Do Pass Do Pass

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:

HB 25 HB 320 HB 590

Do Pass Do Pass as amended Do Pass as amended

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 88 HB 148 HB 287 HB 383 HB 413

Do Pass Do Pass Do Pass Do Pass Do Pass

HB 468 HB 469 HB 504 HB 556 HB 709

Do Pass Do Pass Do Pass by substitute Do Pass by substitute Do Pass

Mr. President:

Respectfully submitted, Senator Cagle of the 49th 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:

HB 183 HB 318

Do Pass Do Pass by substitute

HB 594 HB 697

Do Pass Do Pass

Respectfully submitted, Senator Thomas of the 54th District, Chairman

2026

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:

HB 175 HB 301

Do Pass by substitute Do Pass

HB 367 HB 502

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 recommendations:

HB 415 HB 447

Do Pass Do Pass as amended
Respectfully submitted, Senator Bowen of the 13th 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 recommendation:

HB 327

Do Pass as amended Respectfully submitted, Senator Seabaugh of the 28th 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:

HB 380 HB 846 HR 263

Do Pass Do Pass Do Pass as amended

SR 228 SR 416 SR 431

Do Pass Do Pass Do Pass

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

THURSDAY, APRIL 17, 2003

2027

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 42 HB 44 HB 46 HB 291 HB 344 HB 423 HB 427 HB 445 HB 446 HB 448 HB 561 HB 584 HB 646 HB 649 HB 663 HB 666 HB 668 HB 682 HB 702 HB 713 HB 730 HB 734 HB 750 HB 754 HB 756 HB 759 HB 764 HB 765 HB 768 HB 779 HB 781 HB 789 HB 790 HB 796 HB 801

Do Pass by substitute

HB 831 Do Pass

Do Pass by substitute

HB 832 Do Pass

Do Pass

HB 835 Do Pass

Do Pass

HB 836 Do Pass

Do Pass

HB 847 Do Pass

Do Pass by substitute

HB 854 Do Pass

Do Pass by substitute

HB 876 Do Pass

Do Pass

HB 880 Do Pass

Do Pass

HB 896 Do Pass

Do Pass

HB 904 Do Pass

Do Pass

HB 910 Do Pass

Do Pass

HB 913 Do Pass

Do Pass

HB 915 Do Pass

Do Pass

HB 920 Do Pass

Do Pass

HB 921 Do Pass

Do Pass

HB 922 Do Pass

Do Pass

HB 924 Do Pass

Do Pass

HB 925 Do Pass

Do Pass

HB 926 Do Pass

Do Pass

HB 927 Do Pass

Do Pass

HB 936 Do Pass

Do Pass

HB 938 Do Pass

Do Pass

HB 939 Do Pass

Do Pass

HB 944 Do Pass

Do Pass by substitute

HB 958 Do Pass

Do Pass

HB 959 Do Pass

Do Pass

SB 197 Do Pass

Do Pass

SB 204 Do Pass by substitute

Do Pass

SB 224 Do Pass

Do Pass

SB 231 Do Pass by substitute

Do Pass

SB 331 Do Pass as amended

Do Pass

SB 381 Do Pass

Do Pass

SB 382 Do Pass

Do Pass

SB 383 Do Pass

Do Pass

Respectfully submitted,

Senator Unterman of the 45th District, Chairman

2028

JOURNAL OF THE SENATE

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:

HB 263 HB 321 HB 497 HB 719 HR 25 HR 88 HR 104

Do Pass

HR 129

Do Pass

Do Pass

HR 131

Do Pass

Do Pass as amended

HR 132

Do Pass as amended

Do Pass by substitute

HR 257

Do Pass

Do Pass

HR 406

Do Pass

Do Pass

HR 591

Do Pass

Do Pass

Respectfully submitted,

Senator Williams, 19th District, Chairman

The following legislation was read the second time:

HB 25 HB 88 HB 148 HB 175 HB 183 HB 263 HB 287 HB 291 HB 301

HB 316 HB 318 HB 320 HB 321 HB 327 HB 367 HB 380 HB 383 HB 413

HB 415 HB 423 HB 427 HB 447 HB 468 HB 469 HB 497 HB 502 HB 504

HB 556 HB 561 HB 590 HB 594 HB 666 HB 697 HB 709 HB 719

HB 772 HB 846 HR 25 HR 88 HR 104 HR 129 HR 131 HR 132

HR 257 HR 263 HR 266 HR 406 HR 591 SR 228 SR 416 SR 431

Senator Hill of the 4th 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

Harbison Harp Hill Hooks Hudgens Jackson Johnson Kemp,B Kemp,R Lamutt

Seabaugh Shafer Smith,F Smith,P Squires Starr Stephens Stokes Tanksley Tate

THURSDAY, APRIL 17, 2003

2029

Collins Crotts Dean Fort Gillis Hall Hamrick

Lee Levetan Me V Bremen Moody Mullis Price Reed

Thomas,D Thomas,N Thompson Tolleson Unterman Zamarripa

Those not answering were Senators:

Blitch Seay (Excused)

Golden Thomas, R.

Henson Williams

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

The President introduced the Youth Challenge Academy Color Guard of Fort Stewart to lead our pledge of allegiance.

The members pledged allegiance to the flag.

Senator Harp of the 16th spoke to SR 409, declaring Georgia National Guard Day in Georgia, adopted previously.

Senator Lamutt of the 21st introduced the chaplain of the day, Father Tim Gadziala of Atlanta, Georgia, who offered scripture reading and prayer.

Senator Stokes of the 43rd introduced the families of Jamaal Addison and Private First Class Diego Rincon, commended by SR 367 and SR 368, adopted previously.

Senator Starr of the 44th introduced representatives from the Jonesboro High School Mock Trial Team, commended by SR 289, adopted previously.

The following resolution was read and adopted:

SR 448. By Senator Balfour of the 9th:

A RESOLUTION commending Agnes Doster; and for other purposes.

Senator Balfour of the 9th spoke to the resolution commending Agnes Doster. Mrs. Doster addressed the Senate briefly.

The following resolutions were read and adopted:

2030

JOURNAL OF THE SENATE

SR 435. By Senator Hooks of the 14th:
A RESOLUTION commending Barbara Kitchens and congratulating her on her retirement; and for other purposes.
SR 436. By Senators Kemp of the 46th and Hudgens of the 47th:
A RESOLUTION commending Jeremy Kilpatrick; and for other purposes.
SR 437. By Senators Mullis of the 53rd, Thomas of the 54th and Smith of the 52nd:
A RESOLUTION designating Prater's Mill and its activities as a local legacy of Georgia tradition; and for other purposes.
SR 438. By Senators Kemp of the 46th, Seabaugh of the 28th, Kemp of the 3rd, Hudgens of the 47th and Johnson of the 1st:
A RESOLUTION commending Captain Chris Carter, a valiant U.S. Army Ranger; and for other purposes.
SR 439. By Senators Meyer von Bremen of the 12th, Hooks of the 14th, Gillis of the 20th, Starr of the 44th and Dean of the 31st:
A RESOLUTION expressing regret at the passing of L. Clifford Adams, Jr.; and for other purposes.
SR 440. By Senator Jackson of the 50th:
A RESOLUTION commending Reverend Asa Dorsey; and for other purposes.
SR 443. By Senators Thompson of the 33rd and Hamrick of the 30th:
A RESOLUTION expressing support for Chief Warrant Officer Ronald D. Young, Jr.; and for other purposes.
SR 444. By Senator Kemp of the 46th:
A RESOLUTION recognizing and commending Crooked Creek Baptist Church on its bicentennial; and for other purposes.
SR 446. By Senators Blitch of the 7th and Williams of the 19th:
A RESOLUTION commending CSX Transportation's Rice Yard in Waycross

THURSDAY, APRIL 17, 2003

2031

on its 25th anniversary as a major North American rail hub; and for other purposes.

Senator Golden of the 8th asked unanimous consent that Senator Jackson of the 50th be excused. The consent was granted, and Senator Jackson 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 17, 2003 Thirty-eighth Legislative Day

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

SB 197

Moody of the 27th Tanksley of the 32nd Reed of the 35th Tate of the 38th Fort of the 39th Levetan of the 40th Price of the 56th FULTON COUNTY

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 $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.

SB 204

Thomas of the 10th Tanksley of the 32nd Reed of the 35th Zamarripa of the 36th

2032
SB 224 SB 231

JOURNAL OF THE SENATE
Tate of the 38th Fort of the 39th Levetan of the 40th Adelman of the 42nd ATLANTA, CITY OF
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. (SUBSTITUTE)
Thompson of the 33rd Clay of the 37th POWDER SPRINGS, CITY OF
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.
Moody of the 27th Tanksley of the 32nd Reed of the 35th Zamarripa of the 36th Tate of the 38th Fort of the 39th Levetan of the 40th Price of the 56th FULTON COUNTY
A BILL to be entitled an Act to amend an Act providing for the establishment of a county-wide library system in Fulton County,

SB 331 SB 381 SB 382

THURSDAY, APRIL 17, 2003

2033

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. (SUBSTITUTE)
Thompson of the 33rd Clay of the 37th POWDER SPRINGS, CITY OF
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 residential property; to provide for applicability; to repeal conflicting laws; and for other purposes. (AMENDMENT)
Meyer von Bremen of the 12th BAKER COUNTY
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.
Bulloch of the 11th Meyer von Bremen of the 12th MITCHELL COUNTY
A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of

2034

JOURNAL OF THE SENATE

Mitchell County; to provide for terms of office; to repeal conflicting laws; and for other purposes.

SB 383

Hooks of the 14th Harp of the 16th Lee of the 29th MERIWETHER COUNTY

A BILL to be entitled an Act to create a board of elections and registration for Meriwether 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; to provide for the qualification, terms, and removal of members; 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 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.

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 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. (SUBSTITUTE)

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

HB 46 HB 344 HB 445
HB 446

THURSDAY, APRIL 17, 2003

2035

assessed value of the homestead for certain residents of that county who are 65 years of age or over; and for other purposes. (SUBSTITUTE)
Hooks of the 14th ELLAVILLE, CITY OF
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.
Gillis of the 20th DUBLIN, CITY OF
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.
Moody of the 27th Tanksley of the 32nd Reed of the 35th Zamarripa of the 36th Tate of the 38th Fort of the 39th Levetan of the 40th Price of the 56th FULTON COUNTY
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.
Moody of the 27th Tanksley of the 32nd Reed of the 35th Zamarripa of the 36th Tate of the 38th Fort of the 39th Levetan of the 40th Price of the 56th FULTON COUNTY

2036

JOURNAL OF THE SENATE

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 448

Thomas of the 10th Tanksley of the 32nd Reed of the 35th Zamarripa of the 36th Tate of the 38th Fort of the 39th Levetan of the 40th Adelman of the 42nd ATLANTA, CITY OF

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.

Pursuant to Senate Rule 113, Senator Fort of the 39th filed the following objection:

As provided in Senate Rule 113, we, the undersigned Senators, hereby file an objection to HB 448 which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar.

/s/ Fort of the 39th /s/ Price of the 56th /s/ Zamarripa of the 36th Date: April 17, 2003

Pursuant to Senate Rule 113, HB 448 was placed on the Senate Local Contested Calendar for today.

HB 584

Kemp of the 3rd LONG COUNTY

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.

HB 646
HB 649
HB 663 HB 668 HB 682

THURSDAY, APRIL 17, 2003

2037

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 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.
Hooks of the 14th Harbison of the 15th Harp of the 16th COLUMBUS, CITY OF
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.
Unterman of the 45th Cagle of the 49th BRASELTON, TOWN OF
A BILL to provide a new charter for the Town of Braselton; and for other purposes.
Bulloch of the 11th EARLY COUNTY
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.
Cagle of the 49th Jackson of the 50th LUMPKIN COUNTY

2038 HB 702
HB 713 HB 730 HB 734 HB 750

JOURNAL OF THE SENATE
A BILL to create a Board of Elections and Registration of Lumpkin County; and for other purposes.
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 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.
Hill of the 4th EVANS COUNTY
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.
Balfour of the 9th Unterman of the 45th DACULA, CITY OF
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.
Crotts of the 17th NEWBORN, TOWN OF
A BILL to provide a new charter for the Town of Newborn; and for other purposes.
Starr of the 44th STOCKBRIDGE, CITY OF

THURSDAY, APRIL 17, 2003

2039

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.

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

HB 754

Cagle of the 49th DAWSON COUNTY

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.

HB 756

Johnson of the 1st Kemp of the 3rd LIBERTY COUNTY

A BILL to create a board of elections and registration for Liberty County and provide for its powers and duties; and for other purposes. (SUBSTITUTE)

HB 759

Smith of the 52nd Mullis of the 53rd VARNELL, CITY OF

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.

HB 764

Squires of the 5th Thomas of the 10th Levetan of the 40th

2040
HB 765
HB 768 HB 779 HB 781

JOURNAL OF THE SENATE
Henson of the 41st Adelman of the 42nd Stokes of the 43rd Butler of the 55th DEKALB COUNTY
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.
Hooks of the 14th Harp of the 16th Lee of the 29th HARRIS COUNTY
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.
Hooks of the 14th MARION COUNTY
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.
Bulloch of the 11th MILLER COUNTY
A BILL to provide that future elections for the office of probate judge of Miller County shall be nonpartisan elections; and for other purposes.
Meyer von Bremen of the 12th CLAY COUNTY
A BILL to provide that future elections for the office of probate

HB 789 HB 790 HB 796 HB 801 HB 831

THURSDAY, APRIL 17, 2003

2041

judge of Clay County shall be nonpartisan elections; and for other purposes.
Hooks of the 14th QUITMAN COUNTY
A BILL to provide that future elections for the office of probate judge of Quitman County shall be nonpartisan elections; and for other purposes.
Meyer von Bremen of the 12th RANDOLPH COUNTY
A BILL to provide that future elections for the office of probate judge of Randolph County shall be nonpartisan elections; and for other purposes.
Crotts of the 17th Smith of the 25th NEWTON COUNTY
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.
Hill of the 4th EFFINGHAM COUNTY
A BILL to provide that future elections for the office of chief magistrate of Effingham County shall be nonpartisan elections; and for other purposes.
Stephens of the 51st BALL GROUND, CITY OF
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.

2042 HB 832 HB 835 HB 836
HB 847
HB 854

JOURNAL OF THE SENATE
Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to establish the "Clayton County Commission on Children and Youth"; and for other purposes.
Brush of the 24th Hudgens of the 47th WARREN COUNTY
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.
Unterman of the 45th Hudgens of the 47th Cagle of the 49th Jackson of the 50th HALL COUNTY
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.
Crotts of the 17th Brush of the 24th Smith of the 25th Brown of the 26th Lee of the 29th JONES COUNTY
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.
Hudgens of the 47th BANKS COUNTY
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 876
HB 880 HB 896 HB 904 HB 910 HB 913

THURSDAY, APRIL 17, 2003

2043

Unterman of the 45th Kemp of the 46th BARROW COUNTY
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.
Gillis of the 20th EAST DUBLIN, CITY OF
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.
Golden of the 8th LOWNDES COUNTY
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.
Hill of the 4th SCREVEN COUNTY
A BILL to provide that future elections for the office of chief magistrate of Screven County shall be nonpartisan elections; and for other purposes.
Jackson of the 50th LAVONIA, CITY OF
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.
Hooks of the 14th MACON COUNTY
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

2044

JOURNAL OF THE SENATE

definitions; to provide for the composition of the board and the selection and appointment of members; and for other purposes.

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

HB 915

Smith of the 52nd Mullis of the 53rd Thomas of the 54th WHITFIELD COUNTY

A BILL to provide a homestead exemption from Whitfield County school district ad valorem taxes for educational purposes in the amount of $150,000.00 of the assessed value of the homestead for certain residents of that school district who are 70 years of age or over; and for other purposes.

HB 920

Hudgens of the 47th HART COUNTY

A BILL to amend an Act entitled "An Act to reconstitute the Board of Education of Hart County and provide for its powers, duties, rights, obligations, and liabilities," so as to change the description of the education districts; and for other purposes.

HB 921

Hudgens of the 47th HART COUNTY

A BILL to amend an Act entitled "An Act to create the Board of Commissioners of Hart County," so as to change the description of the commissioners districts; and for other purposes.

HB 922

Kemp of the 46th ATHENS-CLARKE COUNTY

A BILL to amend an Act providing a charter for the unified government of Athens-Clarke County, so as to provide for nonpartisan elections for certain officers thereof; and for other purposes.

HB 924 HB 925 HB 926 HB 927
HB 936 HB 938

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Hooks of the 14th STEWART COUNTY A BILL to provide that future elections for the office of probate judge of Stewart County shall be nonpartisan elections; and for other purposes.
Bulloch of the 11th EARLY COUNTY
A BILL to provide that future elections for the office of probate judge of Early County shall be nonpartisan elections; and for other purposes.
Meyer von Bremen of the 12th CALHOUN COUNTY
A BILL to provide that future elections for the office of probate judge of Calhoun County shall be nonpartisan elections; and for other purposes.
Seabaugh of the 28th Lee of the 29th Hamrick of the 30th COWETA COUNTY
A BILL to provide a board of elections for Coweta County; to define its powers and duties concerning primaries and elections; and for other purposes.
Hill of the 4th SCREVEN COUNTY
A BILL to create the Screven County Public Facilities Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority; and for other purposes.
Kemp of the 46th Hudgens of the 47th OCONEE COUNTY
A BILL to create the Oconee County Public Facilities Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority; and for other purposes.

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HB 939

Crotts of the 17th Lee of the 29th LOCUST GROVE, CITY OF

A BILL to amend an Act creating a new charter for the City of Locust Grove, so as to revise certain provisions relating to membership of elected officials on boards, commissions, and authorities; and for other purposes.

HB 944

Johnson of the 1st Kemp of the 3rd LIBERTY COUNTY

A BILL to create the Liberty County Public Facilities Authority and to provide for the appointment of members of the Authority; and for other purposes.

HB 958

Meyer von Bremen of the 12th Bowen of the 13th Hooks of the 14th LEE COUNTY

A BILL to provide that the tax commissioner of Lee County shall retain a percentage of educational funds collected by said officer and remit the same to the governing authority of Lee County to reimburse the county for the cost of collecting school taxes; and for other purposes.

HB 959

Hooks of the 14th CHATTAHOOCHEE COUNTY

A BILL to provide for the filling of vacancies in the office of sheriff of Chattahoochee County; and for other purposes.

The substitutes and amendments to the following bills were put upon their adoption:

*SB 204:

The Senate State and Local Governmental Operations Committee offered the following substitute to SB 204:
A BILL TO BE ENTITLED AN ACT
To continue the existence of the Atlanta Independent School System under the

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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 provide for salaries and expenses of board members; to provide for vacation of office in certain circumstances; to provide for involuntary leaves of absence, suspension, and removal from office; to provide for recall; to provide for vacancies; to provide for a superintendent and appointment, powers and duties, residency, and responsibilities of such officer; to provide for a general counsel and an executive assistant; to provide for publication of performance levels and expenditures; to provide for the roles of the board and the superintendent; to prohibit certain practices by board members; to provide for disclosure of financial interests in contracts or matters pending before the board and of relatives employed by the school system; to prohibit use of school system property for personal benefit; to provide that contracts are voidable in certain circumstances; to provide for hearings; to provide for an Ethics Commission and the appointment, terms of office, qualifications, and organization of members; to provide for duties and powers of the Ethics Commission, including investigation, procedures, hearings, and actions; to provide for immunity; to provide for circumstances when a board member shall not be in violation; to provide for whistleblower protection; to provide for a code of ethics; to provide for a chief financial officer and such officers appointment, duties, bond, qualifications, and residency; to provide for an internal auditor and such officials appointment, qualifications, powers, duties, and responsibilities; to provide for access to records; to provide for determination of a millage rate and publication of such rate; to provide for transmittal of taxes to the board; to provide for loans; to provide for an annual independent audit; to provide for a budget commission and its duties; to provide for a budget and its preparation, inspection by the public, review, and adoption; to provide for budgetary changes; to provide that unlawful obligations are void; to authorize a civil service system; to prohibit discrimination in personnel matters; to provide for a civil service commission and its powers and duties; to authorize a preference for residents of the city; to provide for continuance of officers and employees; to continue existing rules, contracts, bonds, obligations, rights, and interests; to provide for construction; to repeal a specific Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INDEPENDENT SCHOOL SYSTEM
SECTION 1-101. Independent school system.

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In accordance with the laws of the State of Georgia, the Atlanta Independent School System (hereinafter at times referred to as the "Atlanta school system") shall be continued as an independent school system, created by the General Assembly and the provisions of this Act and preceding Acts, which shall be under the management and control of the Atlanta Board of Education (hereinafter referred to as the "Board"). Except as provided herein, the school system and the Board shall be subject to the general laws of the state.
ARTICLE II BOARD OF EDUCATION
SECTION 2-101. Composition; term of office.
(a) The Atlanta Board of Education shall be composed of nine members elected in nonpartisan elections. Three members shall be elected city wide and six members shall be elected from districts as provided within this Act. (b) Members of the Board shall hold their respective offices for a term of four years and until their respective successors are elected and qualified.
SECTION 2-102. Qualifications.
(a) To qualify for election as a Board member, a person must: (1) Be at least 18 years of age; (2) Be a resident of the city and, if seeking to represent a Board district, be a resident of the Board district for which he or she seeks to qualify and represent for at least one year immediately preceding the date of filing a notice of candidacy to seek office; (3) Be a qualified elector of the city; and (4) Not be an employee of the State Department of Education or a member of the State Board of Education.
(b) To hold office as a Board member, a person must: (1) Continue to possess the qualifications prescribed in subsection (a) of this section; (2) Continue to reside in the Board district from which elected; (3) Not hold any other elective public office; (4) Not be an employee of the Atlanta Board of Education or any other local board of education; and (5) Not serve on the governing body of any private K-12 educational institution.
SECTION 2-103. Elections; education districts.
(a) The Board of Education of the City of Atlanta which existed on December 31, 2002, is continued in existence. The board so continued shall continue to have the powers,

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duties, rights, obligations, and liabilities of that board as existed immediately prior to the effective date of this Act. (b) Those members of the board who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members for terms of office which expire December 31, 2005, and upon the election and qualification of their respective successors. (c) For purposes of electing members of the board of education, other than the three atlarge members, the City of Atlanta School District is divided into six education districts. One member of the board shall be elected from each such district. The six education districts shall be composed respectively of contiguous paired council districts of the city and shall be and correspond to those six numbered districts described in Appendix I and attached to and made a part of this Act and further identified as Plan Name: atlplan11sb Plan Type: LOCAL User: Gina Administrator: ATLANTA-CITY. The three at-large positions shall be designated as Education Districts 7, 8, and 9, respectively. (d) 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 geographic area served by the Atlanta Independent School System 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 geographic area served by the Atlanta Independent School System 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. Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (e) In order to be elected as a member of the board from an education district, a person must receive the number of votes cast as required by general law for that office in that district only. Only electors who are residents of that education district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from an education district, each candidate for such office shall specify the education district for which that person is a candidate. A person elected or appointed as a member of the board from an education district must continue to reside in that district during that persons term of office or that office shall become vacant. (f) The member of the board who represents District 7 shall reside in District 1 or District 2; shall continue to reside in one of such districts during such members term of

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office or such office shall become vacant; and shall be elected by residents of both districts. The member of the board who represents District 8 shall reside in District 3 or District 4; shall continue to reside in one of such districts during such members term of office or such office shall become vacant; and shall be elected by residents of both districts. The member of the board who represents District 9 shall reside in District 5 or District 6; shall continue to reside in one of such districts during such members term of office or such office shall become vacant; and shall be elected by residents of both districts. (g) Successors to members of the board whose terms of office are to expire shall be elected at the time of the general municipal 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. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (h) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2-104. Organization; oath; officers; quorum; rules;
voting requirements; meetings.
(a) Organizational meeting; oath. At the first regular meeting of the Board in January following each regular election, the Board shall organize, take, and subscribe before a judge of the Superior Court the following oath of office:
"I do solemnly swear (or affirm) that I will faithfully and impartially discharge the duties of a member of the Atlanta Board of Education during my term in office. I will not knowingly permit my vote in the election and appointment of any person to a position in the Atlanta Independent School System, or on any matter related to said school system, to be influenced by fear, favor, affection, or reward, or hope thereof. In all things pertaining to my said office, I will be governed by the public good and the interests of said school system. I will observe the provisions of the Act reorganizing the Atlanta Board of Education and the rules and regulations of the Atlanta Board of Education. I further swear (or affirm) that I will support and defend the Constitutions and laws of the State of Georgia and of the United States of America." (b) Officers. At its first regular meeting in January of even-numbered years, the Board shall elect a chairperson and a vice chairperson by a majority vote of its members. The chairperson and vice chairperson shall serve for a term of two years. A Board member who serves as chairperson for two consecutive two-year terms is not eligible to serve as chairperson in the two years immediately following the second two-year term. If the chairperson or vice chairperson vacates the office, the Board will elect a new chairperson to fill the unexpired term. If a chairperson serves for more than one year of a term, the chairperson will be deemed to have served a full two-year term.

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(c) Quorum. Five members of the Board shall constitute a quorum for the transaction of business, although a smaller number may adjourn from time to time and compel the attendance of its members. (d) Rules. The Board shall adopt rules of procedure governing the transaction of its business consistent with the provisions herein and any other applicable laws. The rules of the Board shall provide for regular meetings which shall be held at least monthly and in accordance with the provisions of Code Section 20-2-58 of the O.C.G.A., as now or hereafter amended, and shall provide for any special meetings of the Board. (e) Voting requirement.
(1) The affirmative vote of five members of the Board shall be required for the transaction of business or the passage of any resolution; provided, however, that a majority of a quorum of the Board may take official action in regards to disciplinary matters related to appointed officers or employees of the Atlanta school system. (2) No member of the Board shall abstain from voting at any duly called Board meeting except in matters involving consideration of his or her own conduct, matters which would inure to his or her financial or personal interests, or matters which would be a conflict of interest as provided in Article 3 of this Act. Such Board member shall, prior to the vote being taken, publicly state during the meeting the nature of his or her interest in the matter from which he or she is abstaining from voting and shall within ten days of such abstention disclose the nature of his or her interest as a public record in a memorandum filed with the Board secretary who shall incorporate the memorandum into the minutes of the meeting. (f) Meetings. All meetings of the Board and any of its committees shall be public in the same manner and to the same extent as required by Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings, as now or hereafter amended, and any citizen shall have access to the minutes and records thereof at reasonable times. Said minutes shall include a synopsis of the discussion on every question coming before the Board and any of its committees, and the names of those Board members voting for and against each question, those abstaining, and those absent. (g) Public comment. The meetings of the Board and its committees shall provide a reasonable opportunity for the public to be heard during such meetings of the Board or its committees. The Board shall prescribe rules and regulations for the receipt of such comments from the public. (h) Public communication. The Board shall develop a procedure for reporting, within 21 days of the meeting, to the public the minutes and the votes taken at monthly meetings. These minutes shall be posted via the Internet with 21 days. Such communication may also include newspaper, television, or any other reasonable method so long as it has the capability to reach many citizens.
SECTION 2-105. Powers, duties, responsibilities, and restrictions.
(a) The Board shall:

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(1) Have and exercise control and management of the Atlanta school system in accordance with the provisions of this Act and the Constitution and general laws of the state. The Board is hereby vested with all the powers and charged with all the duties provided to local boards of education by the general laws of the state; (2) Provide all students with textbooks and furnish educational or instructional materials, resources, and equipment adequately to such students; (3) Adopt by resolution rules and regulations related to the manner and method of employing, disciplining, and terminating any employees of the school system; (4) Adopt by resolution rules and procedures related to the procurement of supplies, equipment, goods, and services for the school system; (5) Adopt by resolution rules and regulations for the governance of students, including the discipline, suspension, or expulsion of students, in accordance with due process; (6) Hear appeals from actions of the superintendent of schools and other personnel; (7) Approve an annual budget for the Atlanta public school system and provide for the levy of a tax for educational purposes as provided in this Act; (8) Approve school attendance zones; (9) Have the authority to sue and be sued as a school district in the name of the Atlanta Independent School System; (10) Have the power to purchase, sell, rent, or lease property, both real and personal, in the name of the Atlanta Independent School System with the title to any property purchased being vested solely in the school system to the extent that such property was acquired directly by the Board through funds of the school system; (11) Have the authority to establish and maintain retirement or pension funds on behalf of employees of the school system and their beneficiaries, to be managed by a board of trustees, subject to applicable state laws; and further, in the event social security provisions become available to employees or any group of employees, to provide for the integration of such provisions with any existing or proposed retirement or pension system; (12) Have the authority to enter into contracts with any person, firm, corporation, or governmental unit or agency for the performance of educational services or the use of educational facilities; (13) Adopt rules for the manner and extent the public is permitted to use buildings under its control, which rules shall make available all such buildings which may be needed or required for voting purposes on election days, including DeKalb County elections held in the City of Atlanta portion of DeKalb County; (14) Approve the superintendents recommendation to hire or dismiss school system staff, provided that such recommendations can be rejected by the Board only with a three-fourths vote of the Board. Notwithstanding this provision, a majority vote of the Board is sufficient to reject the superintendents recommendation, if a majority vote is required to comply with provisions of the Fair Dismissal Act; and

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(15) The Board may call an executive session as provided by law. Executive sessions shall not exclude the superintendent unless a discussion of the superintendent is the subject of the executive session. (b) The Board shall not: (1) Employ one of its members for any position in the school system; (2) Do business with a partnership or corporation owned in whole or part by a Board member or a relative of a board member, unless the stock of the firm is publicly traded and there are more than 75 stockholders; (3) Do business with a bank or financial institution where a Board member is an employee, stockholder, director, or officer when such member owns 10 percent or more stock in that institution; or (4) Employ or promote any person who is a relative of any Board member unless a public, recorded vote is taken on such employment or promotion as a separate matter from any other personnel matter. Any Board member whose relative is being considered for employment shall not vote on such employment. (c) For purposes of this section, the term "relative" is as defined in Section 3-101 of this Act.
SECTION 2-106. Salary and expenses of Board members.
(a) The Board is authorized to fix its salary or compensation by resolution, provided that any action to change the salary or compensation shall be subject to the following conditions and requirements:
(1) Such action shall take into consideration any recommendation made by the City of Atlanta elected officials compensation commission as provided by Article 2, Chapter 7 of the city charter. The Board may adopt by resolution rules and regulations governing the establishment of a Board Compensation Commission. If established, the Commission shall be composed of five residents of Atlanta, who shall be duly appointed by the Board. No more than one Board member may serve on the Commission. If a Board Compensation Commission is established, the Board shall take into consideration any recommendation of the Commission; (2) Such action is taken at least six months prior to the end of the current term of office; (3) Any such increase shall not be effective until after the taking of office of those elected at the next regular municipal election which is held following the date on which the action to increase the compensation was taken; (4) Such action shall not be taken during the period of time between the date that candidates for election to membership on the Board may first qualify as such candidates and the date members of the Board take office following their election; and (5) Such action shall not be taken until notice of intent to take action has been published in a newspaper of general circulation in the city at least once a week for three consecutive weeks immediately preceding the week during which the action is taken.

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(b) As used in this section, the words "salary or compensation" shall include any expense allowance or any form of payment or reimbursement of expenses, except reimbursement of expenses actually and necessarily incurred by members of the Board in carrying out their official duties. The Board is authorized to provide by resolution procedures for the reimbursement of such actual and necessary expenses.
SECTION 2-107. Vacation of office; removal or suspension of Board members.
(a) Immediate vacation of office. Upon the final conviction of, or the entering of a plea of guilty for, a crime involving moral turpitude, a felony, or a crime involving malfeasance or misfeasance while in office, the office of such Board member shall be vacated immediately without further action. The unexpired term of office shall be filled as provided in this Act. (b) Involuntary leave of absence. Any Board member who is indicted or held to answer for a felony shall immediately take an involuntary leave of absence. After a leave of absence of 60 days the Board shall appoint a qualified individual to serve in the place of the Board member who is on a leave of absence until said Board member is acquitted or the charges are dismissed. If said Board member is convicted, subsection (a) of this section shall apply. (c) Grounds for removal. Pursuant to the provisions in this Act, a member of the Board shall be subject to suspension or removal from any office for any of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Failure at any time to possess any of the qualifications of office as provided within this Act or by law; (3) Violation of Article III of this Act, Ethics and Prohibited Practices; (4) Violation of the oath of office provided in this Act; (5) Abandonment of office or neglect to perform the duties of office; or (6) Failure for any other cause to perform the duties of office as required by the provisions in this Act or by law. (d) Procedures for removal. Removal or suspension of a Board member pursuant to subsection (c) of this section shall be accomplished by the following method: In the event a member of the Board is sought to be removed or suspended by the Board, the Board will refer the matter to the Ethics Commission stating the basis for removing the Board member. The Ethics Commission shall notify the Board member and conduct a hearing as specified in subsection (f) of Section 3-106 of this Act. Any Board member sought to be removed from office as provided in this subsection shall have the right of appeal from the decision of the Board to the Superior Court of Fulton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court.
SECTION 2-108. Recall of a Board member.

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Any member of the Board may be recalled and removed from office as provided by Chapter 4 of Title 21 of the O.C.G.A., the "Recall Act of 1989," as now or hereafter amended.
SECTION 2-109. Vacancies; filling of vacancies.
(a) The office of a Board member shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may be hereafter enacted. (b) In the event of a vacancy occurring in the membership of the Board for any reason other than the expiration of term, that vacancy shall be filled as follows:
(1) If the vacancy occurs more than one year prior to the date of a general election at which a successor will be elected to a new full term of office, then such vacancy shall be filled for the unexpired term of office by city electors at a special election; (2) If the special election to fill the vacancy is scheduled to take place on the same date with a general or primary election, and said election occurs more than 90 days after the vacancy occurs, the remaining members of the Board shall, by majority vote, select a qualified person to fill the vacancy until the person elected at such special election takes office. However, such appointment shall not be made until after the period for qualifying for the special election has closed, and any individual who qualified to stand for election in the special election shall not be eligible for such appointment; and (3) If the vacancy occurs one year or less prior to the date of the general election at which a successor will be elected to a new full term of office, the remaining members of the Board shall, by majority vote, select a qualified person to serve for the remainder of the unexpired term. (c) Any person elected or appointed to fill a vacancy pursuant to subsection (b) of this Act shall possess the same qualifications required for election to a full term of office as provided in this Act for any person seeking to be elected to the Board. If the office wherein the vacancy occurred is filled by election of voters from the entire city, then the special election shall be held within the entire city; but if the office wherein the vacancy occurred is filled by election of voters from a specific district, then the special election shall be held within the district. (d) When a vacancy requires a special election, the Board shall within 15 days after the occurrence of such vacancy call a special election to fill the balance of the unexpired term of such office. (e) When a vacancy requires an appointment by the remaining members of the Board, the Board shall appoint such person within 30 days of the date the vacancy occurs. However, if a vacancy occurs due to a resignation, the Board may appoint a successor up to 30 days prior to the effective date of the resignation subject to the appointment becoming effective on the occurrence of the vacancy. (f) The Board shall develop procedures to be used to fill vacancies by appointment. Such policies shall be consistent with the provisions of this Act.

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SECTION 2-110. Superintendent of schools.
(a) The Board shall appoint as its executive officer a school superintendent who shall have such qualifications as provided by law. The Board shall provide the superintendent with a contract for employment for a fixed term as provided for under Code Section 20-2101 of the O.C.G.A., as amended. (b) The superintendent shall have the power and duties assigned by the laws of the state and such other powers and duties as are assigned by this Act or by the Board. (c) The superintendent need not be a resident of the city at the time of his or her appointment but during his or her term in office shall reside within the city. (d) The superintendent shall be responsible for reporting to the Board any legal or financial matter that requires Board action or attention, including matters that may violate Board policy or state or federal laws, or that may subject the school system to legal liability, a loss of state or federal funds, or a loss of its eligibility to receive such funds.
SECTION 2-111. General counsel for Board and school system.
(a) A general counsel shall be appointed and, if necessary, removed by the superintendent, with the advice and consent of the Board. Such appointment of the general counsel may be by a contract authorized by the Board. The general counsel shall serve as the chief legal adviser to the Board and the school system. (b) The general counsel shall be an active member of the State Bar of Georgia and shall have had at least ten years experience in the active practice of law. Within six months of the commencement of the term and during the remainder of his or her term of employment, the general counsel shall be a resident of the City of Atlanta. The number of years experience required by this subsection may be waived by the Board upon a three-fourths vote of its membership. (c) A general counsel may be employed who is not a member of the State Bar of Georgia but who otherwise meets the requirements of subsection (b) of this section, conditioned on the individuals being eligible for admission to the Georgia Bar and being duly admitted within one year of employment.
SECTION 2-112. Executive assistant to the Board.
(a) The Board may appoint, and remove at its pleasure, an executive assistant to aid in the discharge of its official duties. It shall be the duty of the executive assistant to be present at all meetings of the Board, except those meetings concerned with his or her salary, benefits, or tenure; to keep the minutes and make a permanent record thereof; and to do any other administrative and clerical work as directed by the Board. The executive

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assistant shall record and countersign all official proceedings of the Board which shall be a public record open to the inspection of any person. (b) Within six months of the commencement of the term and during the remainder of his or her term of employment, the executive assistant shall be a resident of the City of Atlanta.
SECTION 2-113. Publication of performance levels and expenditures.
(a) Whenever comprehensive reading examinations or other performance tests are administered to students, parents and guardians may obtain reports of their childs or wards performance. (b) All such test scores and performance summaries thereof, except the names of students, shall be public records. (c) The performance level of each school shall be measured according to a recognized method or methods of testing or evaluation on at least an annual basis and shall be a public record. (d) The Board shall have published annually in a newspaper of general circulation in the City of Atlanta the total expenditures per student in each school and the performance of each school as provided in this section.
SECTION 2-114. Roles of Board and superintendent.
(a) In addition to the other powers and obligations provided by this Act and applicable state laws, the Board is responsible for discussing and deliberating a variety of issues, and then:
(1) Hiring, evaluating, and, if necessary, dismissing the superintendent. As part of this process, the school board shall enter into a contract with a superintendent that includes explicit goals and performance standards along with the criteria to be used in evaluating the superintendents performance against those goals and standards; (2) Adopting a vision for the district after participating, under the leadership of the superintendent, in a process to create the vision. The process will involve gaining input from individuals within the school system, such as administrative staff, principals, teachers, parents, and students, and individuals outside the school system, such as business people, higher education officials, social service providers, and community members. The vision includes district-wide student learning goals as well as longrange and strategic plans for meeting the goals; (3) Adopting district-wide academic content and performance standards. These standards must meet or exceed the academic content and performance standards adopted by the state; (4) Creating district-wide measures for the district-wide academic content and performance standards. These measures must include state-wide tests;

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(5) Adopting district-wide policies that support an environment for quality improvement and progress for all decision makers in the district, as well as for students; (6) In partnership with the superintendent, tracking progress toward and keeping attention focused on the student learning goals and the academic content and performance standards and measures. This shall be done on a district-wide basis and on a school-by-school basis; (7) Setting financial goals, monitoring finances, ensuring that accounts are audited annually, and publishing an end-of-the-year financial report to the community; (8) Approving an annual district budget, prior to the start of the school year, that identifies priorities and goals and that aligns the districts resources to achieve the district-wide student learning goals and district-wide academic content and performance standards and measures and to ensure that school facilities meet health and safety code requirements; (9) Issuing bonds and setting the millage rate; (10) Approving a policy that determines the minimum dollar amount for contracts that require school board approval; (11) After seeking, receiving, and deliberating upon community input, approving plans for closing, selling, renovating, and building school facilities; and (12) Each year, developing, in concert with the superintendent, the priorities for the school system for the upcoming year. (b) Subject to the limitations contained in this Act, the superintendent, either directly or through a designee, is responsible for: (1) Leading a process, in cooperation with the Board, to create the vision for the district that involves gaining input from individuals within the school system, such as administrative staff, principals, teachers, parents, and students, and individuals outside the school system, such as business people, higher education officials, social service providers, and community members. The vision includes district-wide student learning goals as well as long-range and strategic plans for meeting the goals. The vision must be formally adopted by the Board; (2) Developing and implementing a process which engages not more than two members of the budget commission to be designated by the Board chairperson in the preparation of an annual budget that aligns the districts resources to achieve the district-wide student learning goals and district-wide academic content and performance standards and measures and to ensure that school facilities meet health and safety code requirements, and submitting it to the school board for its adoption; (3) Deciding which instructional areas will receive priority attention, and maintaining the focus, and keeping school-site decisions focused, on these areas; (4) Working with each schools staff to define instructional objectives, design the curriculum, and engage in professional development, using student performance data as the basis for these decisions; (5) In partnership with the Board, tracking progress toward and keeping attention focused on the standards and measures that are adopted by the Board. This shall be done on a district-wide basis and on a school-by-school basis;

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(6) After adoption of policies by the Board, providing a supportive environment for quality improvement and progress for all decision makers in the district, as well as for students; (7) Tailoring and leading the provision of assistance to the districts low-performing schools; (8) Hiring, evaluating, and, if necessary, dismissing school system employees; (9) Completing reports on district spending and student achievement on a variety of indicators, disaggregating the data by race, ethnicity, income, gender, special education, and bilingual status, as appropriate. Disseminating these reports to the Board and community, with special attention given to distributing information in a variety of ways to parents in low-performing schools; (10) Implementing strategies to involve parents and community members in the district and to create partnerships between the district and public and private organizations; (11) Each year, developing, in concert with the Board, the priorities for the school system for the upcoming year; and (12) Submitting to the Board, as soon as practical after the end of the fiscal year, an annual report that discusses the relationship between expenditures and the annual priorities and goals of the system.
ARTICLE III ETHICS AND PROHIBITED PRACTICES
SECTION 3-101. Conflict of interest.
(a) Except as otherwise provided by general law, no elected official, appointed officer, or employee of the Atlanta school system or of any office, department, or agency thereof shall knowingly:
(1) Engage in any business or transaction with or have a financial or other personal interest, direct or indirect, in the affairs of the Atlanta school system which would result in a financial benefit, except for a financial benefit of a nominal or incidental amount, to the official, appointed officer, employee, or relative of such person or which would tend to impair the independence of judgment or action in the performance of official duties; (2) Engage in or accept private employment from or render services for private interests when such employment or service is incompatible with the proper discharge of that persons official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties; (3) Disclose information or use information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the Atlanta school system or any office, department, or agency thereof that is not available to members of the general public and gained by reason of his or her official position for his or her personal gain

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or benefit, to advance his or her financial or other private interest, or to advance the financial or private interest of any other person or business entity; (4) Represent private interests in any action or proceeding against the school system or any office, department, or agency thereof; (5) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she, or his or her relative, has a financial interest; (6) Solicit, accept, or agree to accept gifts, loans, gratuities, entertainment, transportation, lodging, meals, any ticket of admission, discounts, payment, or service, except those of nominal value (less than $50.00), from any employee, student, parent, person, firm, or corporation which to his or her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the school system or any office, department, or agency thereof; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any campaign; (7) Advertise business and professional services to the school system or its employees for personal gain; (8) Use district resources for personal or commercial enterprise; (9) Vote or otherwise participate in an appointment, employment, or promotion decision related to a relative; (10) Vote or otherwise participate in an appointment, employment, or promotion decision of a person when the public official knows or should know that such vote or participation would create a direct or indirect monetary benefit or economic opportunity; (11) Have a personal interest, directly or indirectly, in school real estate, school textbooks, or school materials and supplies of any kind whatsoever; (12) Sell, solicit, or offer for sale to the Board or to any official or employee of the Board, directly or indirectly, any kind of school real estate, textbooks, or school materials and supplies, or receive any salary, bonus, or commission on any such sale; (13) Have a financial interest in school buses, bus equipment or supplies, provide services for buses owned by the Board, or sell gasoline to the Board from a corporation in which the Board member is a shareholder; and (14) Vote or participate in discussions or deliberations at any meeting of the Board or any committee of the Board of any issue before the board in which the Board member or a relative of the Board member has matters involving consideration of his or her conduct, matters which would inure to his or her financial or personal interests, or matters which would be a conflict of interest as provided in Article 3 of this Act. (b)(1) No Board member, superintendent, or general counsel may, within one year after retirement or termination from such position or employment:
(A) Act as agent or attorney for an employee or Board member before a tribunal or Board hearing; or

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(B) Knowingly attempt to influence, on behalf of any other person, the school system, including its employees and Board members, in connection with any matter in which the school system has a direct interest. (2) No Board member as a consequence of his or her Board position may accept any honoraria. As used in this paragraph, the term "honoraria" means a payment of money or anything of value for any appearance, discussion, speech, or article by such Board member, or for travel and subsistence expenses in excess of any actual and necessary expenses in connection with such appearance, discussion, or speech. (c) As used in this Act, the word "relative" shall mean an individual who is related to the elected official, appointed officer, or employee as father, mother, son, daughter, brother, sister, husband, wife, grandfather, grandmother, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law; any other relative living in the household of the elected official, appointed officer, or employee; a person who is engaged to be married to the elected official, appointed officer, or employee or who otherwise holds himself or herself out as or is generally known as the person whom the elected official, appointed officer, or employee intends to marry or with whom the elected official, appointed officer, or employee intends to form a household, or any other natural person having the same legal residence as the elected official, appointed officer, or employee.
SECTION 3-102. Disclosures.
(a) Any elected official, appointed officer, or employee of the school system who has any financial interest, directly or indirectly, in any contract or matter pending before or within any office, department, or agency of the school system shall disclose such interest in writing to the Board. Any Board member who has a financial interest in any contract or matter pending before the Board shall disclose such interest, in writing, and such disclosure shall be entered on the records of the Board. The disclosure of any salary received by a board member from the school system or any entity doing business with the school system may be accomplished by naming the entity and position held by the Board member with such entity. Interest and dividends from entities doing business with the school system which are listed on a national stock exchange or have more than 100 stockholders do not have to be disclosed. Likewise, the disclosure of any salary received by an immediate relative of the Board member may be accomplished by naming the relative and the position held. The Board member also shall disqualify himself or herself from participating in any decision or vote relating thereto. (b) Prior to January 31 of each year, each elected official shall disclose publicly the identity of any relative employed by the Atlanta school system to the executive assistant to the Board on such form as prescribed by the Board.
SECTION 3-103. Use of public property.

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No elected official, appointed officer, or employee of the school system shall use property of the school system for personal benefit or profit except in accordance with policies and procedures promulgated by the Board.
SECTION 3-104. Contracts voidable and rescindable.
Any contract between the Atlanta school system and another party shall be voidable or rescindable at the discretion of the Board at any time if any elected official, appointed officer, or employee has any interest in such contract and does not disclose such interest in accordance with the provisions within this article.
SECTION 3-105. Hearings and determinations; penalties for violations.
Elected officials, appointed officers, and employees of the school system may be punished for violation of the provisions within this article as follows:
(1) The members of the Board shall be subject to removal from office as provided in this Act;
(2)(A) Appointed officers and employees not subject to civil service or covered by the provisions of O.C.G.A. Section 20-2-940, et seq., shall have the right to request a hearing before the Board upon written charges being provided to such officer. At such hearing, the officer shall have the right to be heard, to be represented by counsel, and to require the attendance of witnesses and the production of relevant books and papers. If, after the hearing, the accused is found guilty as charged, he or she may be suspended or dismissed from the service of the school system by a majority vote of the members of the Board. (B) Employees covered by the provisions of O.C.G.A. Section 20-2-940, et seq., shall be subject to suspension, dismissal, or nonrenewal in accordance with the provisions of that general law; and (3) Employees subject to civil service rules, upon a violation of this article, shall be subject to suspension or dismissal in accordance with the provisions in Article V of this Act and the personnel rules and regulations adopted by the Board.
SECTION 3-106. Ethics Commission.
(a) Creation of Ethics Commission. The Board shall establish a seven-member Ethics Commission. Members of the Commission shall be appointed by the Board for staggered five-year terms. When the Commission is first established, two persons will be appointed to serve five-year terms, one person will be appointed to serve a four-year term, two persons will be appointed to serve three-year terms, one person will be appointed to serve a two-year term, and one person will be appointed to serve a one-year term. Each

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member of the Commission shall hold office from the date of appointment until the end of the term for which he or she was appointed or until his or her successor qualifies for office. Members of the Commission shall not be eligible for reappointment. If a vacancy occurs on the Commission, the Board shall within 90 days appoint a person to fill the unexpired term. (b) Qualifications. A person is eligible to serve as a member of the Ethics Commission if that person, while serving:
(1) Resides in the City of Atlanta and is a registered voter; (2) Is not an employee of the Atlanta Board of Education or a relative, as defined in Section 3-101 of this Act, or a business associate of any member of the Board; (3) Does not hold any elected or appointed office and is not a candidate for any office in the governments of the United States, the State of Georgia, DeKalb County, Fulton County, or the City of Atlanta; (4) Has not provided a financial contribution of more than $100.00 to, or worked in, the political campaign of any current member of the Board; and (5) Is not a relative, as defined in Section 3-101 of this Act, of a person who provided a financial contribution of more than $100.00 to, or worked in, the political campaign of any current member of the Board. (c) Duties and powers. The Ethics Commission shall have the following duties and powers: (1) To receive and hear complaints of violations by Board members of standards established by this Act or applicable state or federal law; (2) Upon receipt of a complaint, to conduct investigations as it deems necessary to determine whether any Board member has violated any standards established by this Act or applicable state or federal law. An affirmative vote of three members is required to initiate an investigation. For the purpose of conducting a meeting or hearing, five members shall constitute a quorum and five affirmative votes are required to issue any finding; (3) To take appropriate action as a result of a violation of the standards established by this Act and applicable state or federal law; (4) To request funding from the Board in order to conduct a hearing and to use any funds provided to conduct hearings; (5) To establish policies and procedures for conducting meetings and hearings of the Commission; and (6) To perform any other function authorized by this Act. (d) Organization of the Ethics Commission. (1) Members of the Ethics Commission shall be compensated on a per meeting basis at a rate determined by the Board. (2) The Ethics Commission shall elect one member to act as chairperson for a term of two years, or until a successor is duly elected. The chairperson shall have the same voting rights as the other Commission members. The Commission shall also elect one member to act as vice chairperson for the same term. If the office of chairperson or

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vice chairperson is vacated in any manner before the expiration of the term, the Commission shall elect a member to fill the unexpired term. (3) The Board may remove a Commission member for neglect of duty, misconduct in office, a disability rendering the member unable to discharge the powers and duties of the office as specified in this Act, for no longer qualifying for the position as specified in this Act, or for any reason that would justify the removal of a member of a board of education. (4) There shall be no scheduled regular monthly or bimonthly meetings of the Commission. The chairperson shall call meetings as the chairperson deems necessary. A meeting can also be called by written notice signed by at least four members of the Commission. All meetings of the Commission shall be open to the public. The purpose of the public meetings shall be to hear and dispose of complaints or to render advisory opinions as set forth in this section. (5) The Board office will provide staff support to the Ethics Commission. (6) The Ethics Commission shall be governed by and subject to the provisions of this section. No official action, except as outlined in this section, shall be taken by the Commission. If a Commission member has a conflict of interest involving any matter before the Commission or must otherwise disqualify himself or herself under the conditions of this Act or by law, the remaining Commission members shall choose by majority vote an alternative person who meets all qualifications set out above to hear the complaint. (e) Complaint and investigation procedures. (1) Any citizen eligible to vote in the City of Atlanta or any employee of the Atlanta Public School System may file a complaint alleging a violation of the standards established by this Act or other applicable state or federal law by filing it with the executive assistant to the Board. The complaint shall be in writing and verified under oath. (2) The executive assistant to the Board shall immediately deliver the complaint to the chairperson of the Ethics Commission or a designee and shall also immediately forward a copy of the complaint by certified and regular mail to the Board member against whom the complaint was filed, along with a copy to the superintendent and general counsel. A complaint must be filed within six months of the date of the alleged violation or, in the case of concealment or nondisclosure, within six months of the date the alleged violation should have been discovered after due diligence. (3) Within 60 days of receipt of a complaint, the Ethics Commission shall conduct and conclude an investigation to determine whether good and sufficient cause exists concerning the complaint. During the investigation, the commission has the power to secure necessary documents. The superintendent shall ensure that school system employees cooperate with any Commission investigation. The investigation shall not be open to the public. The Commission shall not receive live testimony as part of the investigation. If, after conducting an investigation, the Commission by majority vote determines that no good and sufficient cause exists for a determination that a violation

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exists, the Commission may dismiss the complaint and shall report said dismissal to the Board. (f) Ethics Commission hearings. If the Commission determines that good and sufficient cause exists for a determination that a violation has occurred, or if the Board refers a case against a Board member as provided in Section 2-107 of this Act, a formal public hearing shall be conducted. The Commission shall notify the Board member charged with a violation of the date, time, and place for the hearing by certified and regular mail. At the hearing, the Commission shall hear sworn testimony from all witnesses it deems relevant. The hearing shall be recorded by a certified court reporter. The Commission is authorized to issue subpoenas on behalf of any party and for the appearance of any party or documents as provided by law. Upon conclusion of the hearing, the Commission shall issue written findings of fact and conclusions of law and take, but shall not be limited to taking, one or more of the following actions: (1) Find that the Board member did not violate any of the standards established by this Act or other applicable state or federal law; upon a finding that an initial complaint was filed without justification or was supported by erroneous information or evidence, the Commission may recommend that the Board reimburse the accused Board member up to $2,500.00 in actual attorneys fees and costs; (2) Censure or reprimand of the member of the Board; (3) To the extent applicable, file criminal charges against the Board member; or (4) Recommend removal of the Board member. Formal hearings shall be open to the public and shall comply with all state and federal open meetings and open records laws. (g) Actions of the Commission. If the Ethics Commission finds the Board member has: (1) Violated local, state, and federal laws, policies, rules, and regulations regarding fraud and fraudulent activities; (2) Breached the confidentiality of privileged information, including statements made in an executive session of the Board; (3) Engaged in conflicts of interest; (4) Used school system contacts and privileges to promote partisan politics or sectarian religious views; (5) Voted on or influenced in any way a decision or action by the Board or a school system employee that directly affects the Board member or any of his or her relatives; (6) Discussed or otherwise communicated with vendors, individuals, or groups who are soliciting business from the school system regarding the subject of the solicitation or any matter related to the solicitation once the solicitation is issued by the school system and until such time as the Board has rendered a decision on the solicitation; or (7) Consistently, intentionally, and willfully violated the procedures, norms, rules, or regulations regarding the prohibition against involvement in the day-to-day operation of the school system, then the Ethics Commission must find that the Board member should be removed from office.

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(h) Notice; rejection or modification of the Commissions action. The Ethics Commission will notify the Board and Board member of its action by sending a certified letter to the chairperson of the Board and the Board member who is the subject of the investigation. Within 30 days of receipt of the notice from the Commission, the Board may reject or modify the action of the Commission, but only by a three-fourths vote of the Board. (i) Suspension and removal of member. If the Ethics Commission finds that the Board member should be removed from office, then the Board member is automatically and immediately suspended from the Board. If the Board accepts, by majority vote, the findings of the Ethics Commission or if, after the 30 day period specified in subsection (h) of this section, the Board has not rejected the findings of the Ethics Commission that the Board member should be removed from office, the Board member is automatically and immediately removed from the Board. (j) Civil recovery. The Board of Education shall take appropriate legal action to recover the value of anything received by any person or persons in violation of the standards established by this Act or applicable state or federal law, as determined by the Ethics Commission. A taxpayer, pursuant to applicable law, may take such legal action after a written demand to the Board to bring such action and failure of the Board to initiate the action within 60 days after receipt of the demand. (k) Officials liability. No member of the Ethics Commission or any person acting on behalf of the Ethics Commission, operating within the course and scope of this section, shall be liable to any person for any damages arising out of such action. (l) Safe harbor. Notwithstanding anything in this Act to the contrary, a Board member may not be found in violation of the provisions of this Act if:
(1) The Board member, prior to engaging in the conduct, completely disclosed the existence of the issue or matter to the Board at a public meeting; (2) The Board member sought and received a public legal opinion from the legal department; and (3) The Board member acted in reliance on that legal opinion. However, a Board member shall nonetheless be subject to an adverse finding upon a determination that the disclosure to the Board was not sufficiently complete or was materially false or misleading. Additionally, citizens who report alleged violations in good faith will not be subject to any reprisal by the individual Board member or the Board as a whole.
SECTION 3-107. Whistleblower protection. (a) The Board or school system shall not discharge, threaten, or otherwise discriminate against a complainant or an employee or official acting on behalf of a complainant regarding compensation, terms, conditions, location, or privileges of employment because: (1) The complainant or employee or official acting on behalf of the complainant reports or is about to report, verbally or in writing, a violation or a suspected violation of this Act or other applicable state or federal law; or

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(2) A complainant or employee or official acting on behalf of the complainant is requested by the Ethics Commission to participate in an investigation, hearing, or inquiry held by the Ethics Commission or any related court action; provided, however, that this section shall not apply to a complainant or an employee or official acting on behalf of a complainant who knowingly makes a false report. (b) Nothing in this section shall limit or prohibit the school system from taking disciplinary action against a whistleblower as a result of the whistleblowers misconduct that may be revealed, discovered, or uncovered as a result of a report or an attempted report of an ethics violation.
SECTION 3-108. Code of ethics oath.
At the first regular meeting of the Board in January following each regular election, each Board member will read and sign the following code of ethics:
"As a Member of the Atlanta Board of Education, I will strive to improve public education, and to that end I will:
(1) Make decisions based on what is best for students in all cases; (2) Recognize that authority rests with the Board as a whole and make no personal promises or take any independent action that might compromise the Board as a whole; (3) Maintain honest, equitable, and professional relationships with fellow Board members; (4) Observe local, state, and federal laws, policies, rules, and regulations; (5) Base my decisions upon all available facts, vote my convictions in every case, remain unswayed by bias of any kind, and uphold the majority decision of the Board once a decision is made; (6) Vote in accordance with what is best for the district as a whole; (7) Maintain the confidentiality of privileged information, including statements made in any executive session of the Board; (8) Focus on the Boards role of policymaking and evaluation and not become involved in the day-to-day operations of the school system; (9) Support cooperation between the school system and the community; (10) Refer complaints, comments, and criticism to the superintendent and not to other staff unless otherwise provided by law; (11) Support school system staff in the proper performance of their duties; (12) Communicate the reaction of the community and other key stakeholders to Board policies to other Board members and the superintendent; (13) Disclose by December 31 of each year through a written report to be maintained by the executive assistant for public inspection the source, nature, and amount of any income or other item of value received by me or any immediate relative, directly or indirectly, from the school system itself, any employee of the school system, or any entity doing or seeking to do business with the school system; and

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(14) Provide full documentation in the form of receipts or other evidence of payment in accordance with accepted accounting practices or a daily mileage log for any expense for which reimbursement is requested from the school system. Furthermore, I understand that I will be removed from the Board if the Ethics Commission finds that I have: (1) Breached the confidentiality of privileged information, including statements made in an executive session of the Board; (2) Violated local, state, and federal laws, policies, rules, and regulations regarding fraud and fraudulent activities; (3) Become engaged in conflicts of interest; (4) Used school system contacts and privileges to promote partisan politics or sectarian religious views; (5) Voted on or influenced in any way a decision or action by the Board or school system employee that directly affects me or any of my relatives; (6) Discussed or otherwise communicated with vendors, individuals, or groups who are soliciting business from the school system regarding the subject of the solicitation or any matter related to the solicitation once the solicitation is issued by the school system until such time as the Board has rendered a decision on the solicitation; and (7) Consistently, intentionally, and willfully violated the procedures, norms, rules, or regulations regarding the prohibition against involvement in the day-to-day operation of the school system. For the purposes of this statement, the term 'relative' is as defined in Section 3-101 of the Act reorganizing the Atlanta Board of Education. Member signature: ______________________ Date: ____________________".
ARTICLE IV REVENUE AND FINANCE
Chapter 1 General Provisions SECTION 4-101. Chief financial officer.
(a) A chief financial officer for the system shall be appointed and, if necessary, removed by the superintendent with the advice and consent of the Board. Such appointment of the chief financial officer may be by a contract authorized by the Board. (b) The chief financial officer shall immediately report to the superintendent and to the Board any financial irregularities or other financial matters that may violate Board policy or state or federal laws, or that may subject the school system to a loss of state or federal funds or a loss of its eligibility to receive such funds. The chief financial officer shall cooperate with the internal auditor, providing requested information in a timely manner. (c) Any person appointed chief financial officer shall give bond in an amount fixed and paid by the Board. The bond shall be made payable to the school system and shall be

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conditioned upon faithful and true accounting for all public and other funds and all property coming into such chief financial officers custody, control, care, or possession. (d) The chief financial officer shall have at least ten years progressive experience in the management of fiscal operations or public finances, with demonstrated administrative or managerial experience in a public agency or the private sector. The number of years experience required in this subsection may be waived by the Board upon a three-fourths vote of its membership. (e) Within six months of the commencement of the term and during the remainder of his or her term of employment, the chief financial officer shall be a resident of the City of Atlanta. (f) The chief financial officer shall audit and approve all demands or claims presented to him or her for payment. Prior to the approval of any demand or claim, the chief financial officer shall be entitled to require evidence that the amount of the demand or claim is justly due. For such purposes, the chief financial officer may summon before him or her any officer or employee of the school system or other person or make an inspection of any service, labor, material, supplies, or equipment related to a demand or claim. If, in his or her opinion, any demand or claim is not a legal demand or claim, he or she shall withhold approval of the same and file such demand, together with his or her action thereon and the reasons therefor, with the Board for instructions thereon.
SECTION 4-102. Internal audit function.
(a) The Board shall establish an internal audit function that falls under the supervision of an internal auditor. The internal auditor may be either an individual employed by the Board or the account manager of a firm hired by the Board. Such appointment of the internal auditor may be by a contract authorized by the Board. The internal auditor shall be directed by the chairperson of the budget commission. (b) The internal auditor shall be a certified internal auditor or a certified public accountant, demonstrating at least ten years experience in public financial and fiscal practices, performance and financial auditing, and municipal accounting. (c) The internal auditor need not be a resident of the city at the time of his or her appointment, but he or she shall reside in the city within six months of such appointment and continue to reside therein throughout such appointment. (d) The internal auditor shall not be involved in partisan political activities or the political affairs of the school system. (e) Within the budget approval process and established personnel policies for all departments, the internal auditor shall, with Board approval, have the power to appoint, employ, and remove such assistants, employees, and personnel as he or she may deem necessary for the efficient and effective administration of the office. (f) The internal auditor will be charged with, but not be limited to, the following duties and responsibilities:

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(1) To conduct performance and financial audits of the school system and its departments, offices, and activities in order to determine independently whether:
(A) Activities and programs being implemented have been authorized by the Board, state law, or applicable federal law or regulations and the activities and programs are being conducted and funds expended in compliance with applicable laws; (B) The department, office, or agency is acquiring, managing, protecting, and using its resources, including public funds, personnel, property, equipment, and space, economically, efficiently, and effectively and in a manner consistent with the objectives intended by the authorizing entity or enabling legislation; (C) The organization, programs, activities, functions, or policies are effective, including the identification of any causes of inefficiencies or uneconomical practices, such as inadequacies in management information systems, internal and administrative procedures, organization structure, use of resources, allocation of personnel, purchasing policies, and equipment; (D) The desired results or benefits are being achieved; (E) Financial and other reports are being provided that disclose fairly, accurately, and fully all information that is required by law, that is necessary to ascertain the nature and scope of programs and activities, and that is necessary to establish a proper basis for evaluating the results of programs and activities including the collection of, accounting for, and depositing of revenues and other resources; (F) Management has established adequate operating and administrative procedures and practices, systems, or accounting internal control systems and internal management controls; and (G) Indications of fraud or abuse or illegal acts are present. If fraud or abuse by a Board member is present, the matter shall be put before the Ethics Commission; (2) To submit an annual report to the Board indicating audits completed, major findings, corrective actions taken by administrative managers, and significant findings which have not been fully addressed by management; and (3) To perform such other duties and responsibilities as provided for by this Act or directed by the Board. (g) All officers and employees shall allow the internal auditor immediate access to any and all books, records, documents, and other requested information, including automated data, pertaining to the business of the school system and within their custody regarding powers, duties, activities, organization, property, financial transactions, contracts, and methods of business required to conduct an audit or other official duties. In addition, such officers and employees shall provide access for the auditor to inspect all property, equipment, and facilities within their custody. Further, all contracts with outside contractors and subcontractors shall provide for the auditors access to all financial and performance related records, property, and equipment purchased in whole or in part with system funds and facilities. (h) The internal auditor shall present any confidential information to the Board during regularly scheduled closed executive sessions.

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(i) The internal auditor shall not publicly disclose any information received during an audit that is confidential in accordance with any local, state, or federal law or regulation. (j) Any reports issued by the internal auditor shall be made available for public inspection or copying at a reasonable cost.
SECTION 4-103. Taxation for educational purposes.
(a) Each year the Board shall certify in writing to the Atlanta City Council a school tax, in the amount of a millage rate as determined by the Board, for the support and maintenance of the school system. In addition, the Board shall provide the council with a certified copy of its approved budget related to the requested school tax and minutes of any Board meeting approving or establishing the millage rate signed by the chairperson and executive assistant. Upon the filing of the request and budget, the council shall assess, levy, and cause to be collected a school tax at the millage rate as determined by the Board upon the assessed value of all taxable property with the city. (b) A summary of the millage rate determined by the Board in the current and each of the four preceding years, including any clarifications that may be needed for full disclosure, shall be published in one or more newspapers of general circulation within the city and sent to the grand juries of Fulton County and DeKalb County then in session, the AtlantaFulton Public Library, and the state auditor.
SECTION 4-104. Transmittal of taxes and other funds to the Board.
(a) Tax commissioner. In accordance with state law, the applicable tax commissioner shall transmit to the Board any and all ad valorem taxes assessed and collected on behalf of the city for the support and maintenance of public education, less any costs related to the tax assessment and collection and the amount of any interest and sinking fund charges on outstanding general obligation bonds. (b) City of Atlanta. The City of Atlanta shall remit to the Board any funds received for the school system; such funds shall be used to maintain and expand the public school system.
SECTION 4-105. Loans for operating expenses.
(a) The Board may obtain loans for operating expenses in accordance with the laws of the state. (b) The Board may request the Atlanta City Council to negotiate loans to supply deficiencies in yearly operating expenses of the school system, during any year, in such amounts as may be determined by the Board. However, any such loan requested by the Board and negotiated by the city shall not exceed 50 percent of the anticipated tax revenue for the year levied for educational purposes. In lieu of borrowing money on

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behalf of the Board, the city may advance to the Board such amounts as may be required for such purposes. (c) The Board shall provide for a sum sufficient to repay the loans or advances of moneys made by the city, together with the interest thereon, to be deducted from ad valorem taxes levied and collected for educational purposes during the year in which the loan was negotiated or an advance of moneys was made by the city. (d) In order for the Board to obtain a loan or an advance as provided in this section, the Board shall pass a resolution authorizing the money to be borrowed or advanced by the city, in which resolution shall be stated the amount of money to be borrowed or advanced, the length of time it is to be used, for what purpose borrowed, and from whom it is to be borrowed, which resolution shall be recorded on the minutes of the meetings of the Board.
SECTION 4-106. Independent audit.
(a) The Board shall cause an annual independent audit to be conducted of the books, accounts, records, fiscal procedures, and other evidences of financial transactions of the City of Atlanta school system, including its offices, departments, and other agencies. The audit shall be made by a certified public accountant or certified public accounting firm whose members have no pecuniary, financial, or personal interest, directly or indirectly, in the fiscal affairs of the school system or any other governmental agency of the city. (b) The audit may be conducted on a quarterly or continuing basis and shall be completed no later than six months after the close of the fiscal year. (c) The audit, and the opinions and recommendations of those conducting such audit, shall be available to the public at actual printing cost, provided a copy shall be kept available in the offices of the Board and the superintendent for inspection by any citizen upon request. (d) A special audit or examination of any office, department, or other agency of the school system may be ordered by the Board at any time. (e) A summary of the financial statement from the audit or audits shall be published in one or more newspapers of general circulation within the city and sent to the grand juries of Fulton County and DeKalb County then in session, the Atlanta-Fulton Public Library, and the state auditor.
SECTION 4-107. Additional sources of revenue.
In the event any additional sources of revenue shall be authorized by law for educational purposes, the Board shall have the power, as the case may be, to recommend or provide for the lawful collection and appropriation of such revenues for use by the school system.
Chapter 2 Budget
SECTION 4-201.

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Budget commission; duties; fiscal year; preparation of budget.
(a) Budget commission. There shall be a budget commission of the Board consisting of the chairperson of the Board, a member of the Board appointed by the chairperson of the Board to serve as the chairperson of the commission, and two other members of the Board. Every year, the two members of the Board shall be nominated by the chairperson and confirmed by the members of the Board. The chief financial officer and superintendent shall serve as ex officio members of the budget commission. (b) Duties of budget commission. The budget commission shall:
(1) Annually prepare and file with the Board for submission to the superintendent the anticipated revenues for the school system, provided that such anticipated revenue shall not include more than 99 percent of the normal revenues collected during the previous fiscal or calendar year, with appropriate adjustments for changes in the property digest, the millage rate, and any contractual agreement with the city. The anticipated revenues shall include also the amount of funds reasonably expected from the state, taking into consideration any projected changes in student enrollment, as well as any other definable and expected sources of general revenue. However, the budget shall reflect all anticipated revenues from each source, shall designate all of such anticipated revenues among the several funds or accounts of the system, and shall not leave any anticipated revenues undesignated. The term "normal revenues" shall include recurring income but not proceeds from the sale of real estate or from insurance thereon or from other nonrecurring sources of revenue. When such anticipated revenues have been filed, they shall be binding upon the Board without any further action; (2) Allocate a sum sufficient to provide for debt service, including a sinking fund and interest on bond indebtedness, and any other appropriations required by law, which sum shall not be diverted to any other purpose; (3) Immediately adjust the anticipated revenues to account for decreased revenues in the event the income of the school system should be decreased by law, either by an Act of the General Assembly or action of the Board. In the event of a change in the millage rate or other changes in state or local law, the budget commission may revise the budgeted anticipated revenues accordingly; and (4) Before appropriating any other sum for any purpose other than the interest and sinking fund on bonded indebtedness, to lower its estimate of anticipated revenues to immediately discharge any deficit which has accrued during the preceding year if, at any time during any year, the expenditures exceed the revenues collected and a deficit results. (c) Powers of budget commission. In the event the Board receives more money, income, or revenue from any extraordinary source, either by the sale of real property, gift, grant, or otherwise, which has not been considered in the preparation of the anticipated revenues or other normal revenue in excess of appropriations, the Board may immediately allocate such increased revenue for lawful purposes. However, during the

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preparation of the budget for the next year, no such extraordinary revenue shall be considered as part of the normal revenue of the Board. (d) Fiscal year. The fiscal year shall begin and end as provided by law. (e) Preparation of budget. The superintendent shall prepare a proposed budget for review by the Board and the public. In doing so, the superintendent shall obtain or cause to be obtained from the chief financial officer and the various subordinate officers of the school system estimates of expenditures for matters within their jurisdiction in sufficient detail to prepare a program budget based on performance standards and other supporting data as may be necessary and proper. The proposed budget shall provide a complete financial plan for all operations of the school system and shall be based on performance standards.
SECTION 4-202. Distribution, filing, and publication of budget.
The proposed budget and all supporting data shall be filed in the offices of the superintendent and the chief financial officer, and shall be open to inspection by the public. Copies of the proposed budget and supporting data shall be made available to the public at the actual cost of duplication.
SECTION 4-203. Budget hearings; adoption; publication; certification.
The Board shall hold at least one public hearing to receive public input on the proposed budget. Following such hearing, the Board may review and revise the proposed budget and shall tentatively adopt a budget for the fiscal year. After its tentative adoption, a budget summary shall be advertised for two consecutive weeks prior to its final adoption in a newspaper of general circulation in the city, and a copy of the tentatively adopted budget as certified by the budget commission shall be filed in the offices of the superintendent and chief financial officer. At its next regular meeting or special meeting, the Board shall review the tentatively adopted budget, make any necessary changes, and adopt a final budget. A copy of the budget as finally adopted shall be submitted to the grand juries of Fulton County and DeKalb County then in session, the council of the City of Atlanta, the Atlanta-Fulton Public Library, and the state auditor.
SECTION 4-204. Budgetary changes.
After the final adoption of a budget for a fiscal year by the Board, the budget shall not be changed except in the manner provided in this Act. Any action to revise the budget shall be taken at a regular meeting. The Board shall not transfer or reallocate outstanding obligations for any other purpose or purposes until such obligations are paid, but it may transfer and reallocate all other funds lawfully anticipated. Should anticipated revenue be changed by law or by a change in the millage rate or in the assessed value of property

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subject to taxation or by increased or decreased receipts from the state or other revenue sources, the budget commission shall, within a period of 15 days after receipt of such information, certify to the Board the revised amount of the anticipated revenues for the balance of the fiscal year. At its next regular meeting after receiving the revised amount, the Board shall adjust the anticipated revenues accordingly and revise the budget in accordance with the recommended changes.
SECTION 4-205. Unlawful obligations void.
The Board shall incur no obligation in excess of the annual budget and such other special appropriations as may be lawfully made and shall incur no liability except as authorized by such budget or appropriation. Any such liabilities attempted to be incurred shall be void in law and equity.
ARTICLE V PERSONNEL SECTION 5-101. Civil service.
(a) The Board may establish a system of civil service. If such a system is established, the system shall cover all full-time noncertificated employees of the school system except administrators at or above the pay level of coordinators, confidential employees within the law department, and other personnel as determined by the Board. (b) The Board may adopt by resolution civil service rules and regulations to govern the classification of positions; the duration of eligibility lists; the manner and method of publicizing vacancies and employing, appointing, and dismissing personnel; the terms, conditions, and benefits of employment; retirement policies; disciplinary actions and grievance procedures; layoffs; and any other measures that promote the hiring and retaining of capable, diligent, honest career employees, provided that said rules and regulations shall be uniform throughout the system .
SECTION 5-102. Discrimination prohibited.
It shall be the policy of the school system that all personnel matters shall be determined solely on the basis of merit and qualification, without respect to race, color, creed, religion, sex, sexual orientation, national origin, age, disability, or political affiliation.
SECTION 5-103. Civil service commission. (a) Established; appointment; removal. The Board may establish a civil service commission. If such a civil service commission is established, it shall consist of five members appointed by the Board. Each member of the commission shall be a resident of

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the city at the time, and during the term, of appointment. The term of office of members shall be for four years and shall be staggered by the Board. Vacancies on the commission for whatever cause shall be filled by the Board for the unexpired term. Any member may be removed from office for cause by a majority vote of Board members. The Board may provide by resolution for the reimbursement of actual and necessary expenses incurred by members. (b) Powers and duties. The civil service commission shall:
(1) Make such rules and regulations as necessary for the proper conduct of its business; (2) Hear and determine appeals initiated by employees charged with violations of the civil service rules and regulations adopted by the Board, provided that the Board may review and overrule a decision of the commission in accordance with procedures adopted by the Board; (3) Hear and determine the grievance of any person covered by the civil service rules and regulations of the school system concerning any action taken in the administration of such rules and regulations which pertains to his or her employment or employment rights, provided the Board may review and overrule a decision of the commission in accordance with procedures adopted by the Board; (4) Review and recommend amendments to the civil service rules and regulations of the school system; (5) Conduct investigations on its own motion or as requested by the Board or superintendent and report any findings to the Board and superintendent; (6) Keep minutes of its meetings and such other records as necessary; (7) Hear any matter referred by the Board; (8) Perform such other duties and responsibilities as shall be authorized by the Board or by law; and (9) Subpoena and require the attendance of witnesses and the production of books, papers, or other evidence pertinent to the appeal, hearing, or investigation and administer oaths to such witnesses. (c) Meetings. The commission shall hold meetings as needed to perform its duties but shall not meet less than once quarterly. Any meetings of the commission shall be held in the central offices of the school system. (d) Adjunct members. The Board may appoint up to five persons to serve as adjunct members of the commission and perform such duties of the commission in the absence of a member or the lack of a quorum of the regularly appointed members. (e) Boards review of commission action. The Board may establish further procedures whereby a decision of the commission may be reviewed by the Board before the same shall be deemed final and binding.
SECTION 5-104. Credit preference for employment purposes. The Board may adopt by resolution a credit preference for residents of the city on their examination scores for employment as noncertificated employees with the school system.

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ARTICLE VI GENERAL PROVISIONS
SECTION 6-101. Continuance of officers and employees.
The current terms of office of all elected and appointed officials and officers of the Atlanta school system and its agencies, serving on the effective date of this Act, shall not be diminished and shall continue in full force and effect.
SECTION 6-102. Existing rules and regulations continued in effect.
Existing rules and regulations of the Atlanta Board of Education and the Atlanta Independent School System, and departments and agencies thereof, not inconsistent with the provisions of this Act, shall be effective until they have been repealed, modified, or amended.
SECTION 6-103. Pending matters.
All contracts, orders, leases, bonds, and other obligations or instruments entered into by the Atlanta Board of Education for the benefit of the Atlanta Independent School System prior to the effective date of this Act shall continue in effect according to the terms thereof.
SECTION 6-104. Existing rights and interests. (a) Any rights or interests, public or private, vested in whole or in part on the effective date of this Act, whose validity might be sustained or preserved by reference to any provisions of law repealed by this Act, shall not be affected by this Act. This subsection shall not apply to any right or interest in any elective public office not conferred by this Act. (b) Any rights or interests, public or private, derived from, or which might be sustained or preserved in reliance upon, action taken pursuant to or within the scope of any provision of law repealed by this Act, shall not be affected by this Act. (c) Members of the Atlanta Board of Education shall receive as their annual salaries such amounts being received as of the effective date of this Act, until such amounts are changed in accordance with the provisions of this Act.
SECTION 6-105. Construction.
(a) The captions to the several sections of this Act are informative only and are not to be construed as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive.

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(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 6-106. Specific repealer.
An Act to reorganize the Board of Education of the City of Atlanta, approved April 9, 1996 (Ga. Laws 1996, p. 4371), and any amendatory Acts thereto are hereby repealed in their entirety.
SECTION 6-107. Severability.
If any article, section, subsection, paragraph, sentence, or part thereof of this Act, or the application thereof to any person or circumstance, should be declared invalid for any reason whatsoever, such decision shall not affect or impair the remaining portions of this Act, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held invalid, and to this end, the provisions of this Act and the applications thereof are hereby declared to be severable.
SECTION 6-108. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6-109. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
APPENDIX I
The board of education districts of the City of Atlanta shall each consist of the following described territory of the Atlanta Independent School System:
Plan Name: atlplan11sb Plan Type: LOCAL User: Gina Administrator: ATLANTACITY
District 001 Fulton County
Tract: 10 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011

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4012 4013 4014 4015 4018 4024 4025 4026 4027 BG: 5 Tract: 12 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3025 3026 3027 3028 3029 BG: 4 4003 4004 4005 4006 4007 4008 4009 4010 BG: 5 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 Tract: 13 BG: 1 1012 1013 1014 1015 1016 1017 Tract: 14 BG: 1 1014 1015 1016 1017 Tract: 15 BG: 5 Tract: 16 Tract: 17 Tract: 18 Tract: 19 Tract: 21 Tract: 26 BG: 1 1000 Tract: 27 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 1057 1058 1059 1060 1061 1062 1063 1064 1065 Tract: 28 Tract: 29 Tract: 30 Tract: 33 BG: 1 1000 1001 1002 1003 1004 1005 1006 1011 1015 1016 BG: 3 3000 Tract: 35 BG: 1

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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 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 Tract: 46 BG: 1 1000 1001 1002 1003 1004 1005 1017 1018 1019 1020 1021 1022 1023 Tract: 49 Tract: 5 BG: 1 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 BG: 2 2009 2010 2011 2012 2013 2014 2015 Tract: 50 BG: 1 1006 1007 1008 1009 1010 1011 1012 1021 1022 1023 1024 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 Tract: 52 BG: 1 1011 1016 1017 1018 1019 1020 1021 1022 1023 BG: 3 BG: 5 Tract: 53 Tract: 55.01 Tract: 55.02 Tract: 56 BG: 1 BG: 4 4000 4001 4008 4011 4012 4013 4014 4015 4016 4017 4018 4019 Tract: 6 BG: 1 1038 1039 1040 1047 1048 1049 Tract: 64 Tract: 67 BG: 1 BG: 5 5000 5001 5002 5003 5004 5026 5027

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Tract: 68.01 Tract: 68.02 Tract: 69 Tract: 70.01 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4010 4011 Tract: 70.02 Tract: 71
District 002 Fulton County
Tract: 10 BG: 4 4016 4017 4019 4020 4021 4022 4023 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 BG: 1 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 Tract: 36 Tract: 37 Tract: 38 Tract: 39 Tract: 40 Tract: 41 Tract: 42 Tract: 43 Tract: 44 Tract: 46 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 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 Tract: 56 BG: 4 4002 4003 4004 4005 4006 4007 4009 4010

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Tract: 57 Tract: 58 Tract: 6 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 1041 1042 1043 1044 1045 1046 1050 1051 1052 1053 1054 1055 1056 Tract: 60 BG: 4 Tract: 61 BG: 1 BG: 2 BG: 3 BG: 4 4000 4005 4006 4007 4008 Tract: 62 Tract: 63 Tract: 66.02 Tract: 7 Tract: 8 Tract: 80 BG: 1 BG: 2 BG: 3 Tract: 83.01 Tract: 83.02 Tract: 84 Tract: 85 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 BG: 3 3015 3016 3019 3020 3021 3022 3023 3024 3025 Tract: 88 BG: 1 1048 1050
District 003 DeKalb County
Tract: 201

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BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1015 1016 1017 1018 1019 1020 1021 1023 1024 1025 1029 1030 1031 Tract: 202 Tract: 203 Tract: 204 Tract: 205 Tract: 206 Tract: 207 Tract: 208.01 Tract: 208.02 Tract: 209 Tract: 224.01 BG: 2 2007 Tract: 224.03 BG: 3 3015 Tract: 225 BG: 4 4022
Fulton County Tract: 1 Tract: 11 Tract: 12 BG: 3 3000 3001 3018 3019 3020 3021 3022 3023 3024 3030 3031 3032 BG: 4 4000 4001 4002 4011 BG: 5 5000 5001 5002 Tract: 13 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 BG: 2 BG: 3 Tract: 14 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 Tract: 15

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BG: 1 BG: 3 BG: 4 Tract: 2 Tract: 27 BG: 1 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 Tract: 31 Tract: 32 Tract: 33 BG: 1 1007 1008 1009 1010 1012 1013 1014 BG: 3 3001 3002 3003 3004 3005 3006 3007 BG: 4 Tract: 35 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 Tract: 4 Tract: 48 Tract: 5 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 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2016 2017 2018 2019 2020 2021 2022 Tract: 50 BG: 1 1000 1001 1002 1003 1004 1005 1013 1014 1015 1016 1017 1018 1019 1020 1025 Tract: 52 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1013 1014 1015 Tract: 92 BG: 1 BG: 2 BG: 3 3013 3014 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032

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3033 3034 3035
District 004 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 4018 4019 4020 4023 Tract: 102.07 BG: 3 3002 3003 3004 3006 3007 3008 3009 3011 3012 3013 3014 BG: 4 4010 4012 4013 4021 4022 4023 4025 4026 4997 4998 Tract: 89.02 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 1039 BG: 4 4000 4018 4019 4020 4021 Tract: 90 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 Tract: 91 Tract: 92 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3015 3016 3017 3018 3019 3020 3021 3022

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Tract: 93 Tract: 94.01 Tract: 94.02 Tract: 95 Tract: 96 Tract: 97 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3999 Tract: 98 BG: 1 1000 1001 1002 1005 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1995 1996 1997 1998 1999 BG: 2 BG: 3 BG: 4 Tract: 99
District 005 Fulton County
Tract: 60 BG: 1 BG: 2 BG: 3 Tract: 61 BG: 4 4001 4002 4003 4004 4009 4010 4011 4012 4013 Tract: 78.05 BG: 1 1000 1006 1007 1024 1025 1026 1032 BG: 2 2016 2017 2018 2025 2026 2027 2028 2029 2030 2034 Tract: 78.06 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2015 2019 2020 2021 2022 2023 2024 2025 2026 2027 2999 Tract: 78.07 Tract: 78.08 Tract: 79

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BG: 1 1000 1001 1002 1003 1004 1005 1006 1011 1014 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2014 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3023 3024 3025 3030 3031 3032 3033 3034 3035 3036 Tract: 81.02 Tract: 82.01 Tract: 82.02 BG: 1 BG: 2 BG: 3 BG: 4 4000 4003 4005 4006 4999 Tract: 85 BG: 2 2006 2007 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3017 3018 BG: 4 Tract: 86.01 Tract: 86.02 Tract: 87.01 Tract: 87.02 Tract: 88 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 1049 1999 BG: 3 Tract: 89.01 Tract: 89.02 BG: 1 1033 1034 1035 1036 1037 1038 BG: 3 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017

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Tract: 90 BG: 3 3017 Tract: 97 BG: 3 3009
District 006 Fulton County
Tract: 103.03 BG: 1 1000 1001 1002 1003 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 Tract: 103.04 BG: 5 5000 5001 5002 Tract: 108 BG: 5 5021 5023 5061 5064 5065 Tract: 110 BG: 1 1010 Tract: 112.01 BG: 4 4002 4003 Tract: 113.01 BG: 1 1000 1002 BG: 5 5002 5003 BG: 6 6000 Tract: 65 Tract: 66.01 Tract: 67 BG: 5 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5999 BG: 7 Tract: 70.01 BG: 4 4008 4009

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BG: 5 BG: 6 Tract: 72 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: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2009 BG: 9 Tract: 76.02 Tract: 77.01 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5007 5008 5009 5010 5011 5012 Tract: 77.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1012 1013 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

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4000 4001 4002 4003 4004 4005 4006 4007 4009 4010 4015 4998 4999 Tract: 78.02 BG: 1 1011 1012 1015 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1039 BG: 2 2000 2003 2004 2005 2011 2012 2013 2014 2015 BG: 3 Tract: 79 BG: 1 1007 1008 1009 1010 1012 1013 BG: 2 2000 2001 2013 Tract: 80 BG: 4 BG: 6 Tract: 81.01
On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.
*SB 231:
The Senate State and Local Governmental Operations Committee offered the following substitute to SB 231:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.
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

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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), is amended by striking Section 4 and inserting in lieu thereof a new Section 4 to read as follows:
"SECTION 4. (a) The county-wide library system shall be named the Atlanta-Fulton County Library
System. Responsibility for constructing, operating, and maintaining all library facilities and services within the above named portions of Fulton County shall hereinafter be vested in the county-wide library system which shall be administered by the library board of trustees. (b)(1) The term of office of each member of the library board of trustees serving as such trustee on June 30, 2003, shall expire upon July 1, 2003. On and after July 1, 2003, the library board of trustees shall consist of 11 members as provided in this section. (2) The mayor of the City of Atlanta or his or her designee shall serve on the library board of trustees ex officio. The chairperson of the Fulton County board of commissioners or his or her designee shall serve on the board of trustees ex officio. (3) There shall be seven Fulton County appointed members, with one such member appointed by each member of the Fulton County board of commissioners. Each member of the board of trustees appointed by a member of the board of commissioners shall serve at the pleasure of the appointing member of the board of commissioners. Each member of the board of trustees appointed by a member of the board of commissioners shall reside within the same commissioner district as the appointing member of such board of commissioners and shall continue to reside in such district during his or her service on the board of trustees or that office shall become vacant. A member of the board of trustees appointed by an at-large member of the board of commissioners may reside anywhere in Fulton County and shall continue to reside in Fulton County during his or her service on the board of trustees or that office shall become vacant. (4) There shall be two City of Atlanta appointed members. These two members shall be selected from a list of no more than three candidates provided by the three council members who are elected at large. Such list of candidates shall be agreed to by said three council members and presented to the mayor for his or her selection and nomination to the city council of two library board members. In the event that a list is not received within 60 days of the mayors request, the mayor shall proceed to nominate for the library board members positions. Said nominations shall be confirmed by majority vote of council members present and voting on these nominations. The City of Atlanta appointed board members shall serve for terms of two years commencing July 1 of each odd-numbered year. (c) Except with respect to the ex officio members, no person may be appointed or serve as a member of the library board of trustees who holds any elective office. (d) Any vacancy on the library board of trustees shall be filled in the same manner as the initial appointment.

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(e) Members of the library board of trustees shall be removed for cause or for failure to attend three consecutive meetings pursuant to the bylaws of the library board of trustees. (f) Members of the library board of trustees may receive a per diem allowance for each meeting of the board of trustees which they attend. Such allowance shall be in such amount as may be fixed from time to time by the Board of Commissioners of Fulton County. (g) There shall be an executive director of the library system who shall be hired by and serve at the pleasure of the Fulton County manager and shall report directly to the county manager for purposes of job performance, evaluation, and budgeting."
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 46, nays 0, and the substitute was adopted.
*SB 331:
The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend SB 331 by inserting on line 3 of page 1 immediately following the word and symbol "applicability;" the following:
"to provide for membership;".
By inserting at the end of line 15 of page 1 the following: "Further, notwithstanding the provisions of subparagraph (b) of Section 1 of said amendment to the Constitution to the contrary, the mayor shall serve as a sixth member of the authority, ex officio, and shall serve as the authoritys chairperson."
On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.
*HB 42 :
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 42:

THURSDAY, APRIL 17, 2003

2093

A BILL TO BE ENTITLED AN ACT
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; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Greene County school district, including, but not limited to, ad valorem taxes to pay interest on and to retire county school bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of the Greene County school district who is a senior citizen is granted an exemption on that persons homestead from all Greene County school district ad valorem taxes for educational purposes in the amount of $8,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an affidavit with the tax commissioner of Greene County giving the persons age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner shall provide affidavit forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Greene County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes

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for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to Greene County school district ad valorem taxes for educational purposes. (f) The exemption granted by the Act shall apply to all taxable years beginning on or after January 1, 2004.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Greene County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Greene County school district for approval or rejection. The election superintendent shall conduct that election on the date of the 2004 presidential preference primary, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Greene County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a new 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 over?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 6 shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Greene County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, 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 46, nays 0, and the substitute was adopted.

THURSDAY, APRIL 17, 2003

2095

*HB 44:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 44:
A BILL TO BE ENTITLED AN ACT
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; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Greene County, including, but not limited to, ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of Greene County who is a senior citizen is granted an exemption on that persons homestead from all Greene County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the tax commissioner of Greene County giving the persons age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Greene County in the event that person for any reason becomes ineligible for that exemption.

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(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by this Act shall be in addition to and not in lieu of any other homestead exemption applicable to Greene County ad valorem taxes for county purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2004.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Greene County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Greene County for approval or rejection. The election superintendent shall conduct that election on the date of the 2004 presidential preference primary and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Greene County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a new 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 residents of that county who are 65 years of age or over?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Greene County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, 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 46, nays 0, and the substitute was adopted.

THURSDAY, APRIL 17, 2003

2097

*HB 756:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 756:
A BILL TO BE ENTITLED AN ACT
To create a board of elections and registration for Liberty County and provide for its powers and duties; to provide for the composition of the board and the selection, 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 certain boards and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the members of the board and elections supervisor; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for the meaning of certain terms; to provide for the specific repeal of an Act providing for the board of elections of Liberty County, approved March 19, 1993 (Ga. L. 1993, p. 4174), as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Liberty County Board of Elections and Registration. The board shall have the powers and duties of the election superintendent relating to the conduct of primaries and elections and shall have the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures.
SECTION 2. (a) The board shall be composed of seven members, each of whom shall be an elector and resident of Liberty County.
(b)(1) One member shall be appointed by the Liberty County executive committee of the political party whose candidate, at the last preceding general election, received the largest number of votes in this state for Governor. (2) One member shall be appointed by the Liberty County executive committee of the political party whose candidate at the last preceding general election received the next largest number of votes in this state for Governor. (3) Each of the appointments made by the respective executive committees shall have been ratified by a majority of the members of each of such respective executive

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committees voting at a meeting duly called and held for such purposes. In the event such appointments are not ratified by a majority of the members of such executive committees, then such members shall be appointed in accordance with the provisions of Section 3 of this Act. (4) Five members shall be appointed by the governing authority of Liberty County. (5) The governing authority of Liberty County shall select one of the members of the board to serve as chairperson. (c) The first members of the board shall be appointed for initial terms of office beginning July 1, 2003, and ending December 31, 2006. After the initial terms of office, successors to members whose terms are to expire shall be appointed to take office on the first day of January immediately following the expiration of such initial terms of office and shall serve for terms of four years each and until their successors are duly appointed and qualified. (d) No person who holds public office, whether elective or appointive, shall be eligible to serve as a member of the board during the term of such office, and the position of any member of the board shall be deemed vacant upon such members qualifying as a candidate for elective public office or appointment to public office.
SECTION 3. (a) The appointment of each member shall be made by the governing authoritys filing with the clerk of the Superior Court of Liberty County an affidavit which states the name and residential address of the person appointed and certifies that such member has been duly appointed as provided in this Act. The affidavit for the member who has been appointed as chairperson of the board shall also specify that members position as chairperson. The clerk of the superior court shall record each such certification on the minutes of the court and shall certify the name of each such member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairperson within the same time and in the same manner as provided by law for registrars. (b) If the governing authority does not, in conformity with this Act, certify an appointment to the board within 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, the judge of the Probate Court of Liberty County shall immediately fill that vacancy by making the appointment thereto and shall certify it as provided in this section. Any person appointed to fill a vacancy shall serve out the unexpired term of office.
SECTION 4. Each member of the board shall be eligible to succeed himself or herself without limitation and shall have the right to resign at any time by giving written notice of his or her resignation to the governing authority and to the clerk of the Superior Court of Liberty County. Each member shall be subject to removal from the board by the governing authority of Liberty County at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.

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2099

SECTION 5. Except as provided in subsection (b) of Section 3 of this Act, in the event a vacancy occurs in the office of any member of the board by removal, death, resignation, or otherwise, except by expiration of term, the governing authority shall appoint a successor for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.
SECTION 6. Before entering upon his or her duties, each member of the board shall take substantially the same oath as required by law for registrars. Each member of the board shall have the same privileges from arrest as registrars.
SECTION 7. On July 1, 2003, the board of elections of Liberty County and the board of registrars of Liberty County shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act; and they shall deliver thereafter to the chairperson of the board, upon his or her written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. Also, at such time, the board of elections, the board of registrars, and the office of chief registrar of Liberty County shall be abolished.
SECTION 8. (a) The board shall be authorized to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate for the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board.
SECTION 9. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings at the county courthouse. Any specially called meetings, held pursuant to the bylaws adopted by the board, shall be held only after written notification of the time and place of the holding of such meeting has been communicated in writing to the person designated by the county governing authority to provide public information. All meetings of the board, without limitation, shall be open to the public. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review.
SECTION 10.

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(a) The board shall be responsible for the selection and appointment of an administrative director, to be known as the elections supervisor, to administer and supervise conduct of elections, primaries, and registration of electors for the county. The elections supervisor shall serve at the pleasure of the board. The board shall act within 60 days of its members taking office under this Act to retain or appoint an elections supervisor who shall be hired by the board from a job description drawn by said board. (b) In the event the board fails to appoint or retain an elections supervisor to fill a vacancy within the time specified in subsection (a) of this section, an acting elections supervisor who shall fill temporarily such vacancy shall be appointed by the governing authority to serve until the board fills the vacancy.
SECTION 11. The board shall be authorized to employ such full-time and part-time employees, including a full-time chief clerk, as the board shall deem necessary. The governing authority of Liberty County shall have the right to approve the hiring of any such employee.
SECTION 12. With the consent of the governing authority of Liberty County, the board of elections and registration shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.
SECTION 13. Compensation for the members of the board, employees of the board, and the elections supervisor shall be fixed by the board with the approval of the governing authority of Liberty County. Such compensation shall be paid from county funds.
SECTION 14. The governing authority of Liberty County shall provide the board and the elections supervisor with proper and adequate offices and equipment.
SECTION 15. The board is authorized to perform for any municipality located wholly or partially within Liberty County any functions and duties which election superintendents and boards of registrars are authorized by general law to perform on behalf of municipalities under such conditions as provided by general law.
SECTION 16. The words "election," "elector," "political party," "primary," "public office," "special election," and "special primary" shall have the same meanings ascribed to those words by

THURSDAY, APRIL 17, 2003

2101

Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act.
SECTION 17. An Act providing for the board of elections of Liberty County, approved March 19, 1993 (Ga. L. 1993, p. 4174), as amended, shall stand repealed in its entirety on July 1, 2003.

SECTION 18. This Act shall become effective on July 1, 2003, except that, for purposes of making initial appointments to the board, it shall become effective upon May 1, 2003.

SECTION 19. 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 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 Y Blitch Y Bowen
Brown Y Brush
Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins
Crotts Y Dean
Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens E Jackson Y Johnson Y Kemp,B
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 Y Thompson Y Tolleson Y Unterman
Williams Zamarripa

On the passage of the local bills, the yeas were 46, nays 0.

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The bills on the Local Consent Calendar, except SB 204, SB 231, SB 331, HB 42, HB 44, HB 756, having received the requisite constitutional majority, were passed.

SB 204, SB 231, HB 42, HB 44, HB 756, having received the requisite constitutional majority, were passed by substitute.

SB 331, having received the requisite constitutional majority, was passed as amended.

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, contested legislation, favorably reported by the committee as listed on the Local Contested Calendar, was put upon its passage:

SENATE LOCAL CONTESTED CALENDAR

Thursday, April 17, 2003 Thirty-eighth Legislative Day

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

HB 448

Thomas of the 10th Tanksley of the 32nd Reed of the 35th Zamarripa of the 36th Tate of the 38th Fort of the 39th Levetan of the 40th ATLANTA, CITY OF

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.

Senator Fort of the 39th offered the following amendment to HB 448:

Amend HB 448 by inserting after "court;" on line 3 on page 1 "to provide for the disposition of such fees; to provide for a report on the use of such fees;".

By striking line 11 on page 1 and inserting in lieu thereof the following: "'(a) The fees set forth in Table A of subsection (d) of this section shall be solely for
the use of the State Court of Fulton County and shall be so appropriated by the Fulton

THURSDAY, APRIL 17, 2003

2103

County Board of Commissioners. The judges of the State Court of Fulton County
shall provide an annual report to the Fulton County delegation of the Georgia House
of Representatives and the Georgia State Senate that provides a detailed explanation of the use of such funds."

On the adoption of the amendment, the yeas were 29, 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 Contested Calendar, a roll call was taken, and the vote was as follows:

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

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

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

On the passage of the local bill, the yeas were 36, nays 13.

The bill on the Local Contested Calendar, having received the requisite constitutional majority, was passed as amended.

Senator Tanksley of the 32nd introduced the doctor of the day, Dr. Frank Wilson.

NOTICE OF MOTION TO RECONSIDER:

2104 HB 191
HB 550 HB 551 HR 92 HB 521 HB 237 HB 579 HB 56 HB 372 HB 43 HB 164 HR 68 HB 771

JOURNAL OF THE SENATE
Motor vehicles; registration and insurance provisions; amend (Amendment)(PS&HS-11th) Lord-103rd
SENATE RULES CALENDAR THURSDAY, APRIL 17, 2003 THIRTY-EIGHTH LEGISLATIVE DAY
State purchasing; benefits based funding projects; certain contracts (FIN-51st) O`Neal-117th
Student Finance Commission and Authority; amend provisions (Amendment)(H ED-51st) O`Neal-117th
Blackstock, Ms. Mavis; compensate (Amendment)(APPROP-49th) Bridges-7th
Colleges; meningococcal meningitis; vaccinations (Amendment) (H&HS-12th) Porter-119th
Water resources; ground-water use; state-wide water management plan (Substitute)(NR&E-20th) Hanner-133rd
Water resources; farm uses; water-measuring device (Amendment) (NR&E-11th) McCall-78th
Renal Dialysis Advisory Council; kidney patients recommend one member (Substitute)(H&HS-56th) Childers-13th
County and municipal hospital authorities; certain financial aid; critical personnel shortages (Substitute)(H&HS-54th) Dodson-84th
Sales tax; exempt certain organizations; archeological preservation (Substitute)(FIN-49th) Channell-77th
Supreme Court; answer question of law from district court (JUDY-52nd) Campbell-39th CA: Supreme Court; jurisdiction; certain questions of law (JUDY-52nd) Campbell-39th
Ethics in government; amend provisions (Substitute)(ETHICS-51st) Porter-119th

HB 597
HB 470 HB 792 HB 893 HB 619 HB 261 HB 493 HB 479 HB 456
HB 303 HB 246 HB 32 HB 506

THURSDAY, APRIL 17, 2003

2105

State licensing boards; reduce number of members (Amendments) (NR&E-46th) Jackson-124th
(Pursuant to Senate Rule 143, final passage of the bill was suspended on April 14, 2003).
Juvenile courts; jurisdiction; everyone under age of 18 years (JUDY-37th) Benfield-56th
Civil practice; class actions; comprehensive revision of provisions (Substitute)(I&L-1st) Porter-119th
Tobacco product manufacturers; certification; prohibit sale of certain cigarettes (ED&T-30th) Lane-101st
Accident and sickness insurance; franchise group plan; provisions (Substitute)(I&L-21st) Harbin-80th
Controlled substances and prescription drugs; amend provisions; prohibit certain opioid treatment (JUDY-16th) Parham-94th
Alcoholic beverage sales; consumption on premises; local authorization (RI&Util-1st) Drenner-57th
Child fatality; review committee; powers of panel (Amendment) (C&Y-6th) Fleming-79th
Distance learning and telemedicine; use of funds in Universal Service Fund; enterprise information technology needs (APPROP-21st) Buck-112th
State defense force; authority to use certain state property (V&MA-5th) Birdsong-104th
Public records inspection; written requests; certain information redacted (JUDY-30th) Birdsong-104th
Estates; missing domiciliary; certain perilous exposure; death determination (JUDY-16th) Willard-40th
Manufactured homes/mobile homes; certificate of permanent location; provide (RI&Util-19th) Lunsford-85th

2106 HB 509 HB 526 HB 598 HB 757 HR 357 HB 215 HB 289 HB 352 HB 616 HB 726 HB 688 HB 414 HR 397 HB 95 HB 173 HB 196

JOURNAL OF THE SENATE
Soil erosion and sedimentation; land-disturbing activities; comprehensive ordinances (NR&E-45th) Jones-38th
Nursing Home Provider Fee Act; enact (Substitute)(APPROP-4th) Channell-77th
Insurance fraud; sales of coverage for unauthorized insurer (Substitute) (I&L-21st) Harbin-80th
Eggs; labeling information; expiration dates (AG&CA-1st) Smith-129th
Search and rescue dogs; monument honoring; authorize erection (AG&CA-47th) McCall-78th
Insurance; credit and credit scoring; provisions (I&L-21st) Golick-34th
Former state employees; return to service; forfeited sick leave restored (RET-47th) Smith-110th
Licensing boards; complaints against licensee; certain notification (Amendment)(RI&Util-48th) Harbin-80th
Drivers' licenses; certain out-of-state applicants; on-the-road driving test not required (Amendment)(PS&HS-11th) Parham-94th
Professional engineers and land surveyors; redefine land surveying (RI&Util-1st) Powell-23rd
Vehicle Protection Product Act; enact (Amendment)(PS&HS-9th) Powell-23rd
Pretrial motions; time limit for filing (JUDY-22nd) Jenkins-93rd
Joint MARTA Finance Study Committee; create (RULES-10th) Maddox-59th
College athletic recruitment rules; certain violations; cause of action provisions (Amendment)(H ED-46th) Sims-130th
Bulletproof vest; unlawful during commission of certain offenses (S JUDY-40th) Hill-81st
Marijuana; trafficking prosecution; reduce quantity (JUDY-37th) Hill-81st

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HB 293

Honeybees; inspection and registration of colonies; change provisions (AG&CA-11th) Purcell-122nd

HB 304

Water well contractors; licensing; amend provisions (NR&E-50th) Purcell-122nd

HB 444

Lake Oconee; prohibit certain boats (NR&E-25th) Channell-77th

HB 798

Vidalia Onion Act; amend provisions (AG&CA-19th) Morris-120th

HB 346

Sales tax; educational purposes; local boards; performance audit (FIN-1st) Millar-52nd
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 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.

Senate Sponsor: Senator Stephens of the 51st.

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 Harbison Y Harp Y Henson Y Hill Y Hooks
Hudgens E 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 Y Golden Y Hall Y Hamrick

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 50, nays 0.

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

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.

Senate Sponsor: Senator Stephens of the 51st.

The Senate Higher Education Committee offered the following amendment:

Amend HB 551 by striking "$150" and inserting in its place "$150" on line 6 of page 9.

By striking "agree" and inserting in its place "degree" on line 8 of page 12.

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 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 Harbison Y Harp

E 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 Y Crotts Y Dean
Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Henson Y Hill Y Hooks Y Hudgens E 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 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 51, nays 0.

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

HR 92. By Representative Bridges of the 7th:

A RESOLUTION compensating Ms. Mavis Blackstock; and for other purposes.

Senate Sponsor: Senator Cagle of the 49th.

The Senate Appropriations Committee offered the following amendment:

Amend HR 92 by striking the figure "$125,000.00" and inserting in lieu thereof the figure "$150,000.00" on line 13 of page 1.

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 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:

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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 Y Hill Y Hooks Y Hudgens E Jackson Y Johnson Y Kemp,B
Kemp,R Y Lamutt
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 Y Stephens Y Stokes Y Tanksley
Tate Y Thomas,D Y Thomas,N
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 as amended.

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 that a student has received and reviewed information about meningococcal meningitis and has chosen not to be vaccinated; and for other purposes.

Senate Sponsor: Senator Meyer von Bremen of the 12th.

The Senate Health and Human Services Committee offered the following amendment:

Amend HB 521 by striking lines 3 through 5 of page 1 and inserting in lieu thereof the
following: "provide information about meningococcal disease to enrolled students; to require
vaccination against meningococcal disease or a signed waiver for certain students

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2111

enrolled in postsecondary educational institutions; to provide that postsecondary educational institutions shall not be required to pay".

By striking lines 1 through 7 of page 2 and inserting in lieu thereof the following: "(b) In addition to the information required to be provided pursuant to subsection (a) of this Code section, a postsecondary educational institution shall provide detailed information on the risks associated with meningococcal disease and the availability, effectiveness, and known contraindications of any required or recommended vaccine against meningococcal disease to each student, or to the students parent or guardian if the student is a minor, who has been accepted for admission. (c) An individual enrolled in a postsecondary educational institution who will be residing in on-campus housing shall provide documentation of vaccination against meningococcal disease or may, if the individual is 18 years of age or older, sign a waiver provided by the institution stating that he or she has received and reviewed the information provided as required by subsections (a) and (b) of this Code section and has chosen not to be vaccinated against meningococcal disease. If the individual is a minor, his or her parent or guardian may sign the waiver provided by the institution. (d) Nothing in this Code section shall be construed to require any postsecondary educational institution to provide or pay for vaccinations against meningococcal

On the adoption of the amendment, the yeas were 30, 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
Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort

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

E 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

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Y Gillis Y Golden Y Hall Y Hamrick

Y Mullis Y Price
Reed Y Seabaugh

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 as amended.

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 728.

By Representatives Lane of the 101st, Barnard of the 121st, Post 1, Parrish of the 102nd, DeLoach of the 127th and Oliver of the 121st, Post 2:

A BILL to amend an Act to create the Downtown Statesboro Development Authority, so as to change the boundaries of the territory embraced within the Downtown Statesboro Development Authority District; and for other purposes.

HB 848.

By Representatives Lane of the 101st, Barnard of the 121st, Post 1, Parrish of the 102nd, DeLoach of the 127th and Oliver of the 121st, Post 2:

A BILL to provide that future elections for the office of chief magistrate of Bulloch County shall be nonpartisan elections; and for other purposes.

HB 912. By Representative Hanner of the 133rd:

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

HB 928.

By Representatives Willard of the 40th, Ashe of the 42nd, Post 2, Thomas of the 43rd, Post 1, Sinkfield of the 50th, Moraitakis of the 42nd, Post 4 and others:

A BILL to provide for a homestead exemption from Fulton 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

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exceeds the base year assessed value of such homestead; and for other purposes.

HB 929.

By Representatives Willard of the 40th, Ashe of the 42nd, Post 2, Thomas of the 43rd, Post 1, Sinkfield of the 50th, Moraitakis of the 42nd, Post 4 and others:

A BILL 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; and for other purposes.

HB 948. By Representative Elrod of the 25th:

A BILL to amend an Act establishing a public school system in the City of Jefferson, so as to require the governing authority of that city to levy the tax certified for such system and grant the board of education of such system the power to issue obligations for such system; and for other purposes.

HB 983.

By Representatives Rogers of the 20th, Reece of the 21st and Amerson of the 9th:

A BILL to amend an Act creating a new charter for the City of Gainesville, so as to revise the districts for the election of members of the board of education; and for other purposes.

HB 991. By Representative Stokes of the 72nd:

A BILL to amend an Act providing a new charter for the City of Covington, so as to change the corporate limits of said city and provide for referendum approval; to provide that the referendum shall be conducted by the election superintendent of Newton County with the costs paid by the City of Covington from city funds; and for other purposes.

The Calendar was resumed.

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

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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.
Senate Sponsor: Senator Gillis of the 20th.
The Senate Natural Resources and the Environment Committee offered the following substitute to HB 237:
A BILL TO BE ENTITLED AN ACT
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; to change certain provisions relating to definitions relative to groundwater use generally; to change certain provisions relating to permits to withdraw, obtain, or use ground water, water conservation plans, factors to be considered, notice of official acts, administrative hearings, and judicial review; to change certain provisions relating to emergency orders, hearings, and appeals; to change certain provisions relating to permits for farm uses, notice of transfer or modification in use or capacity, nonuse, suspension or modification, priority uses, and effect on existing common or statutory law; to change certain provisions relating to powers and duties of the Board of Natural Resources as to public water systems; to change certain provisions relating to powers and duties of the director as to public water systems generally; to provide for preparation, review, and submission of a proposed comprehensive state-wide water management plan; to provide for rules and regulations; to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to jurisdiction of the Public Service Commission, so as to subject the rates of certain water suppliers to regulation by such commission; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain provisions relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitations on actions to contest rules, and legislative override; to change certain provisions relating to when public disclosure of records is not required and disclosure of exempting authority; to provide legislative findings and declarations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.

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Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional powers and duties of the State Soil and Water Conservation Commission, is amended by inserting a new paragraph to read as follows:
"(7.1) To formulate such rules and regulations and to exercise such powers as are necessary to perform its duties under subsection (o) of Code Section 12-5-31 and subsection (c) of Code Section 12-5-105;"
PART II SECTION 2-1.
Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by striking 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, and inserting in lieu thereof the following:
"12-5-31. (a) As used in this Code section, the term:
(1) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources or his or her designee. (2) 'Diversion' means a turning aside or altering of the natural course of surface waters. (3) 'Farm uses' means irrigation of any land used for general farming, forage, aquaculture, pasture, turf production, orchards, or tree and horticultural nurseries; or provisions of water supply for farm animals, poultry farming, or any other activity conducted in the course of a farming operation. Farm uses shall also include the processing of perishable agricultural products and the irrigation of recreational turf, except in the Chattahoochee River watershed upstream from Peachtree Creek where irrigation of recreational turf shall not be considered a farm use. (4) 'Impoundment' means the storing or retaining of surface waters by whatever method or means. (5) 'Surface waters of the state' or 'surface waters' means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs producing in excess of 100,000 gallons per day, and all other bodies of surface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. Surface waters of the state or surface waters does not include any pond for farm use which body of water is entirely confined or retained completely upon the property of a single individual, partnership, or corporation. (6) 'Withdrawal' means the taking away of surface waters from their natural course. (a)(b)(1) No person shall make any withdrawal, diversion, or impoundment of any of the surface waters of the state for whatever use without obtaining a permit from the director; provided, however, that no permit shall be required for:

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(A) Any such withdrawal or combination of several withdrawals on one or more properties or fields in combination as a system which does not involve more than 100,000 gallons per day on a monthly average; (B) Any such diversion or combination of several diversions on one or more properties or fields in combination as a system which does not reduce the flow of the surface waters at the point where the watercourse, prior to diversion, leaves the persons or persons property or properties on which the diversion occurred, by more than 100,000 gallons per day on a monthly average; (C) Any such diversion accomplished as part of construction for transportation purposes which does not reduce the flow of surface waters in the diverted watercourse by more than 150,000 gallons per day on a monthly average; or (D) Any such impoundment or combination of several impoundments on one or more properties or fields in combination as a system which does not reduce the flow of the surface waters immediately downstream of the impoundment by more than 100,000 gallons per day on a monthly average.; or (E) Any recycled water for farm use. (2) No permit shall A permit may be required for a reduction of flow of surface waters during the period of construction of an impoundment, including the initial filling of the impoundment, or for farm ponds or farm impoundments constructed and managed for the sole purpose of fish, wildlife, recreation, or other farm uses. Prior to the initial construction and filling of an impoundment, a permit issued pursuant to this Code section shall be required for the use of such an impoundment for withdrawals greater than 100,000 gallons per day; provided, however, that no permit shall be required for construction and filling of an impoundment for farm use which body of water is entirely confined or retained completely upon the property of a single individual, partnership, or corporation. (3) A permit application for the continued farm use from an impoundment or combination of several impoundments on one or more properties or fields in combination as a system of greater than 100,000 gallons per day must be submitted on or before July 1, 2004, by any person who used such an impoundment on or before July 1, 2003, and desires to continue such use in the future; provided, however, that no permit shall be required for continued use of an impoundment for farm use which body of water is entirely confined or retained completely upon the property of a single individual, partnership, or corporation. Such permit shall be issued by the director not later than July 1, 2005. (3)(4)(A) Notwithstanding any other provision of this Code section to the contrary, a permit for the withdrawal or diversion of surface waters for farm uses shall be issued by the director to any person when the applicant submits an application which provides reasonable proof that the applicants farm use of surface waters occurred prior to July 1, 1988, and when any such application is submitted prior to July 1, 1991. If submitted prior to July 1, 1991, an application for a permit to be issued based upon farm uses of surface waters occurring prior to July 1, 1988, shall be granted for the withdrawal or diversion of surface waters at a rate of withdrawal

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or diversion equal to the greater of the operating capacity in place for withdrawal or diversion on July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar year, the greatest withdrawal or diversion capacity during the five-year period immediately preceding July 1, 1988. If submitted after July 1, 1991, or, regardless of when submitted, if it is based upon a withdrawal or diversion of surface waters for farm uses occurring or proposed to occur on or after July 1, 1988, an application shall be subject to evaluation and classification pursuant to subsections (e), (f), and (g) of this Code section, but a permit based upon such evaluation and classification shall may be issued to ensure the applicants right to a reasonable use of such surface waters. Any permit issued pursuant to this paragraph subparagraph shall be conditioned upon the requirement that the permittee shall provide, on forms prescribed by the director, information relating to a general description of the lands and number of acres subject to irrigation and the permit; a description of the general type of irrigation system used; the source of withdrawal water such as river, stream, or impoundment; and pump information, including rated capacity, pump location, and power information. Permits issued under this paragraph subparagraph shall have no term and may be transferred or assigned to subsequent owners of the lands which are the subject of such permit; provided, however, that the division shall receive written notice of any such transfer or assignment. Any modification in the use or capacity conditions contained in the permit or in the lands which are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with this Code section. (B) On or after July 1, 2003, the director may deny an application for a withdrawal permit for farm use or an increase in withdrawal from an existing permit for farm use based on the availability of water in the watershed or aquifer or if the applicant fails to demonstrate a need for the water. A maximum annual volume of water that the permittee may use shall be specified as a permit limit for any farm use permit issued after July 1, 2003. If use has not commenced within two years after an initial such permit has been issued, then the permit may be revoked in whole or in part. Periodic idling of use under a farm use permit due to silvicultural or agricultural rotations or implementation of Article 9 of this chapter, the 'Flint River Drought Protection Act,' shall not be cause for permit revocation. (C) Nothing in this paragraph shall be construed as a repeal or modification of Code Section 12-5-46. (b) For purposes of this Code section, the term: (1) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources, or his designee. (2) 'Diversion' means a turning aside or altering of the natural course of surface waters. (3) 'Farm uses' means irrigation of any land used for general farming, forage, aquaculture, pasture, turf production, orchards, or tree and ornamental nurseries; provisions of water supply for farm animals, poultry farming, or any other activity

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conducted in the course of a farming operation. Farm uses shall also include the processing of perishable agricultural products and the irrigation of recreational turf, except in the Chattahoochee River watershed upstream from Peachtree Creek, where irrigation of recreational turf shall not be considered a farm use. (4) 'Impoundment' means the storing or retaining of surface water by whatever method or means. (5) 'Surface water(s) of the state' or 'surface water(s)' means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs producing in excess of 100,000 gallons per day, and all other bodies of surface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. (6) 'Withdrawal' means the taking away of surface water from its natural course. (c) To obtain a permit pursuant to this Code section, the applicant must establish that the proposed withdrawal, diversion, or impoundment of surface waters is consistent with this article. (d) All permit applications filed with the director under this Code section shall contain the name and address of the applicant or, in the case of a corporation, the address of its principal business office in this state; the date of filing; the source of the water supply; the quantity of water applied for; the use to be made of the water and any limitation thereon; the place of use; the location of the withdrawal, diversion, or impoundment; for those permits which indicate an increase in water usage, except for permits solely for agricultural use, a water conservation plan approved by the director and prepared based on guidelines issued by the director; and such other information as the director may deem necessary; provided, however, that any required information already provided the director by the applicant in the context of prior dealings with the division, which information is still correct, may be incorporated into the application by adequate reference to same. For any permit solely for farm use, a water conservation plan prepared by the State Soil and Water Conservation Commission or by the federal Natural Resources Conservation Service shall be deemed in compliance with the plan requirement of this subsection. The director shall collect and disseminate such technical information as the director deems appropriate to assist applicants in the preparation of water conservation plans. (e) Subject to subsection (g) of this Code section, the Board of Natural Resources shall by rule or regulation establish a reasonable system of classification for application in situations involving competing uses, existing or proposed, for a supply of available surface waters. Such classifications shall be based upon but not necessarily limited to the following factors: (1) The number of persons using the particular water source and the object, extent, and necessity of their respective withdrawals, diversions, or impoundments; (2) The nature and size of the water source; (3) The physical and chemical nature of any impairment of the water source adversely affecting its availability or fitness for other water uses;

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(4) The probable severity and duration of such impairment under foreseeable conditions; (5) The injury to public health, safety, or welfare which would result if such impairment were not prevented or abated; (6) The kinds of businesses or activities to which the various uses are related and the economic consequences; (7) The importance and necessity of the uses, including farm uses, claimed by permit applicants and the extent of any injury or detriment caused or expected to be caused to other water uses; (8) Diversion from or reduction of flows in other watercourses; (9) The prior investments of any person in lands, and plans for the usage of water in connection with such lands which plans have been submitted to the director within a reasonable time after July 1, 1977, or, if for farm uses, after July 1, 1988; provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including potential as well as present use; and (10) The varying circumstances of each case. (f) In the event two or more competing applicants or users qualify equally under subsection (e) of this Code section, the director is authorized to grant permits to applicants or modify the existing permits of users for use of specified quantities of surface waters on a prorated or other reasonable basis in those situations where such action is feasible; provided, however, the director shall give preference to an existing use over an initial application. (g) The division shall take into consideration the extent to which any withdrawals, diversions, or impoundments are reasonably necessary, in the judgment of the director, to meet the applicants needs and shall grant a permit which shall meet those reasonable needs; provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including but not limited to public use, farm use, and potential as well as present use; and provided, further, that the director shall grant a permit to any permit applicant who on July 1, 1977, has outstanding indebtedness in the form of revenue certificates or general obligation bonds which are being amortized through the sale of surface water, the permitted quantity of which shall be at least in an amount consistent with that quantity for which the revenue certificates or general obligation bonds were issued. (h) Except for applications filed pursuant to paragraph (3) of subsection (a) subparagraph (b)(4)(A) of this Code section, permits may be granted for any period of time not less than ten years, unless the applicant requests a shorter period of time, nor more than 50 years. The director may base the duration of such permits on any reasonable system of classification based upon but not necessarily limited to such factors as source of supply and type of use. In evaluating any application for a permit for the use of water for a period of 25 years or more, the director shall evaluate the condition of the water supply to assure that the supply is adequate to meet the multiple needs of the citizens of the state as can reasonably be projected for the term of the permit and ensure that the issuance of such permit is based upon a water development

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and conservation plan for the applicant or for the region. Such water development and conservation plan for the applicant or for the region shall promote the conservation and reuse of water within the state, guard against a shortage of water within the state, promote the efficient use of the water resource, and be consistent with the public welfare of the state. The board shall promulgate regulations for implementation of this subsection, including provisions for review of such permits periodically or upon a substantial reduction in average annual volume of the water resource which adversely affects water supplies to determine that the permittee continues in compliance with the conditions of the permit and that the plan continues to meet the overall supply requirements for the term of the permit. In the event the director determines that a regional plan is required in connection with any application for a permit for the use of water for a period of 25 years or more, the division or a person or entity designated by the division may develop such a plan. Such regional plan shall include water development, conservation, and sustainable use and shall be based upon detailed scientific analysis of the water source, the projected future condition of the resource, current demand, and estimated future demands on the resource. (i) A permittee may seek modification of any of the terms of an issued permit. The director may approve the proposed modification if the permittee establishes that a change in conditions has resulted in a need by the permittee of more water than is allowed under the existing permit, or that the proposed modification would result in a more efficient utilization of water than is possible under the existing permit, or that a proposed change in conditions would result in a need by the permittee of more water than is allowed under the existing permit. Any such modification shall be consistent with the health and safety of the citizens of this state and with this article. In any administrative review proceeding resulting from an action of the director under this subsection, the burden of proof in establishing that the requisite criteria have been met shall be upon the person seeking such modification. (j) A permittee may seek renewal of a permit issued pursuant to this Code section from the director at any time within six months prior to the date of expiration of the permit. Except as otherwise specified in this Code section, all permit renewal applications shall be treated in the same manner as the initial permit application. (k) The director may revoke, suspend, or modify a permit issued pursuant to this Code section as follows:
(1) For any material false statement in an application for a permit to initiate, modify, or continue a use of surface waters, or for any material false statement in any report or statement of fact required of the permittee pursuant to this Code section or pursuant to the conditions contained in a permit granted under this Code section, the director may revoke the users permit, in whole or in part, permanently or temporarily; (2) For any willful violation of the conditions of a permit granted pursuant to this Code section, the director may revoke the users permit, in whole or in part, permanently or temporarily; (3) For violation of any provision of this Code section, the director may revoke the permit, in whole or in part, for a period not to exceed one year;

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(4) For nonuse of the water supply (or a significant portion thereof) allowed by the permit for a period of two consecutive years or more, the director may revoke the permit permanently, in whole or in part, unless the permittee can reasonably demonstrate that his such nonuse was due to extreme hardship caused by factors beyond his or her control, except that this paragraph shall not apply to farm use permits issued pursuant to paragraph (3) of subsection (a) subparagraph (b)(4)(A) of this Code section after initial use has commenced; (5) The director may revoke a permit permanently, in whole or in part, with the written consent of the permittee; (6) The director may suspend or modify a permit, except farm use permits issued or modified prior to July 1, 2003, if he or she should determine through inspection, investigation, or otherwise that the quantity of water allowed under the permit is greater than that needed by the permittee for the particular use upon which the application for permit was based or would prevent other applicants from reasonable use of surface waters, including farm uses; (7) The director may suspend or modify a farm use permit if he or she should determine through inspection, investigation, or otherwise that the quantity of water allowed under the permit would prevent other applicants from reasonable use of surface waters for farm use; and (8) Consistent with the considerations set forth in subsection (g) of this Code section, the director may revoke, suspend, or modify a permit for any other good cause consistent with the health and safety of the citizens of this state and with this article.; and (9) In the event of modification, suspension, or revocation of a permit, the director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for such action. (l)(1) When there is a moratorium on the issuance of new permits under this Code section for use in any area of the state and an otherwise qualified new user in such area has made application in conjunction with any existing user or users in such area agreeing to provide written consent to revocation of their permits in favor of such new user, in whole or in part, the director may issue a new permit to the applicant for an amount to be determined by the director, based upon his or her professional evaluation of water resource conditions, of up to 75 percent of such forfeited permit amount, except that any such new permit shall be for 100 percent of the forfeited permit amount if all forfeited permit uses and the new use are farm uses, if the total amount of use authorized under all existing permits held by the forfeiting permittees is less than 10 million gallons per day including the amount proposed to be forfeited, or if the purposes of the forfeited use and the new use are the same and the new user has acquired ownership of the real property at which all forfeited use is located; but in any case only after receiving from the existing user or users, on a form prescribed by the director, signed written acknowledgment of such proposed revocation by any and all holders of a recorded security interest in the real property or properties at which such use is currently authorized. The new permittee must show in such application

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that there will be no reduction in the water available to users downstream. Any permit requirements or other conditions established by this title, the division, or the board shall apply to any new permit issued through participation under this subsection and any revoked or partially revoked permit reissued through participation under this subsection. A new permit issued under this subsection shall be forfeited if use for the stated purpose has not commenced within two years after issuance. (2) Participation under this subsection in the form of providing consent to revocation of all or part of a permit shall not prevent a person from using water in an amount that does not require application to the director, nor shall such consent to revocation prevent a person from applying for a new permit if the moratorium on the issuance of new permits in the area is lifted. (3) Participation under this subsection shall be limited by the following:
(A) Any person wishing to receive, revoke, or partially revoke a permit by participation under this subsection must submit an application, as prescribed in this title, and receive approval of the director prior to the issuance of a new permit; (B) Any new or reissued permit created or modified by participation in this subsection shall be subject to regulation by the division under this title; (C) Any consideration paid to any person in contemplation of or as inducement to participate in a transfer under this subsection shall not create any additional rights in or under the permit nor shall such payment exempt the new permittee from any requirements of this title or the board or the permit; (D) Any person receiving a new or reissued permit by participation under this subsection shall be subject to all of the requirements established by this title or by the board pursuant to this title; (E) Prior to the application for the transfer of a permit, said permit must be quantified by an annual maximum volume. The board may create, by rule or regulation, a system for the quantification of permits issued for rated pump capacity; and (F) Any new withdrawal proposed under this subsection shall occur only in the county in which the existing withdrawal occurs or in an immediately adjacent county. If such new withdrawal is subsequently proposed for revocation under this subsection, any subsequent withdrawal under this subsection pursuant to such revocation shall remain limited to the county in which the original revoked withdrawal occurred or in an immediately adjacent county. (4) Participation under this subsection is subject to the division, in consultation with any applicable local water management authority, finding that the proposed transfer is in accordance with any applicable then existing state, regional, or local water management plan or plans. (5) For any calendar year in which a permit transfer has been approved by the director, the division shall report to the General Assembly the amounts and uses of all permit transfers made in that calendar year by February 15 of the following year. (6) In the event any paragraph, subparagraph, item, sentence, clause, phrase, or word of paragraphs (1) through (5) of this subsection is declared or adjudged to be invalid

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or unconstitutional by a court of competent jurisdiction, all of paragraphs (1) through (5) shall automatically be repealed upon entry of such declaration or adjudication and shall not remain of full force and effect after such declaration or adjudication. The General Assembly declares that it would not have enacted the remaining portions of paragraphs (1) through (5) of this subsection if it had known that such portion of paragraphs (1) through (5) of this subsection would be declared or adjudged invalid or unconstitutional. (l) Emergency period of water shortage: (m)(1) Whenever it clearly appears to the director from specific facts shown by affidavits of residents of the affected area of this state that an emergency period of water shortage exists within such area, so as to place in jeopardy the health or safety of the citizens of such area or to threaten serious harm to the water resources of the area, he or she may by emergency order impose such restrictions on one or more permits previously issued pursuant to this Code section as may be necessary to protect adequately such citizens or water resources; provided, however, such order shall not be issued until an effort has been made to give written notice of the proposed action by certified mail or statutory overnight delivery to the permittee or permittees to be affected. Such written notice shall allow such permittee or permittees five days from the date of mailing of the notice to appear before the director in opposition to the proposed action. The director may impose such restrictions based upon any reasonable system of classification established by the Board of Natural Resources through rule or regulation. Such system of classification shall be based upon but not necessarily limited to those factors set forth in subsection (e) of this Code section; (2) The director shall specify in such order any change in the conditions of the permit, any suspension of the permit, or any other restriction on withdrawal, diversion, or impoundment of surface waters for the duration of the emergency water shortage and shall serve same on the person by hand delivery or certified mail or statutory overnight delivery. Except as to farm uses, any such change, suspension, or other restriction shall be effective immediately upon receipt of such order by the permittee, his or her agent for service of process, or any agent or employee of the permittee who receives the notification at the permittees principal place of business in the state. Any permittee, other than a farm use permittee, to whom such order is directed shall comply therewith immediately. Upon application to a hearing officer appointed by the Board of Natural Resources of this state, a permittee, including a farm use permittee, shall be afforded a hearing within 20 days of receipt of such notice by the hearing examiner in accordance with subsection (c) of Code Section 122-2. Farm use permittees may continue to make use of water to their permitted capacity during the appeal process, but failure to timely request a hearing in accordance with subsection (c) of Code Section 12-2-2 shall waive such right; (3) During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use; (4) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section; and

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(5) Upon expiration of the emergency period of water shortage, as determined by the director, the director shall immediately notify each affected permittee, in writing, of such expiration, and the permittees shall thereafter be authorized to operate under the permit as issued prior to the emergency period of water shortage. (m) Except for farm use permits issued pursuant to paragraph (3) of subsection (a) of (n) For all permits, including without limitation farm use permits, issued under this Code section, whenever required to carry out the objectives of this Code section, including but not limited to determining whether or not any person is in violation of any provision of this Code section or any rule or regulation promulgated pursuant hereto to this Code section; encouraging or ensuring compliance with any provision of this Code section or any rule or regulation promulgated pursuant hereto to this Code section; determining whether or not any person is in violation of any permit condition; or establishing a data bank on the usage of surface waters in a particular area or areas of this state, the director may by order, permit, or otherwise, in writing, require any person holding a permit under this Code section, or any other person who the director reasonably believes is withdrawing, diverting, or impounding surface waters in violation of the permitting requirements of this Code section, to: (1) Establish and maintain records; (2) Make reports; (3) Install, use, and maintain monitoring equipment or methods; and (4) Provide such other information as the director may reasonably require. Notwithstanding the foregoing provisions of this subsection, any demand for such information by the director, which information has already been provided to the director by such person in the context of prior dealings with the division, and which is still correct, may be satisfied by adequate reference to same. (o)(1) The State Soil and Water Conservation Commission shall have the duty of implementing a program of measuring farm uses of water in order to obtain clear and accurate information on the patterns and amounts of such use, which information is essential to proper management of water resources by the state and useful to farmers for improving the efficiency and effectiveness of their use of water, meeting the requirements of subsection (n) of this Code section, and improving water conservation. Accordingly, the State Soil and Water Conservation Commission shall on behalf of the state purchase, install, operate, and maintain water-measuring devices for farm uses that are required by this Code section to have permits. As used in this paragraph, the term 'operate' shall include reading the water-measuring device, compiling data, and reporting findings. (2) For purposes of this subsection, the State Soil and Water Conservation Commission:
(A) May conduct its duties with commission staff and may contract with other persons to conduct any of its duties; (B) May receive and use state appropriations, gifts, grants, or other sources of funding to carry out its duties;

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(C) In consultation with the director, shall develop a priority system for installation of water-measuring devices for farm uses that have permits as of July 1, 2003. The commission shall, provided that adequate funding is received, install and commence operation and maintenance of water-measuring devices for all such farm uses by July 1, 2009; provided, however, that the commission shall not install a watermeasuring device on any irrigation system for such a farm use if such irrigation system is equipped with a meter as of July 1, 2003, and such meter is determined by the commission to be properly installed and operable, but any subsequent replacement or maintenance of such an irrigation system that necessitates replacement of such meter shall necessitate installation of a water-measuring device by the commission; (D) May charge any permittee the commissions reasonable costs for purchase and installation of a water-measuring device for any farm use permit issued by the director after July 1, 2003; however, for permit applications submitted to the division prior to December 31, 2002, and for permits issued pursuant to paragraph (3) of subsection (b) of this Code section, no charge shall be made for such costs; and (E) Shall issue an annual progress report on the status of water-measuring device installation. (3) Any person who desires to commence a farm use for which a permit is issued after July 1, 2003, shall not commence such use prior to the installation of a watermeasuring device by the commission. (4) Subject to the provisions of subparagraph (C) of paragraph (2) of this subsection, after July 1, 2009, no one shall use water for a farm use required to have a permit under this Code section without having a water-measuring device in operation that has been installed by the commission. (5) Employees or agents of the commission are authorized to enter upon private property at reasonable times to conduct the duties of the commission under this subsection. (6) Any reports of amounts of use for recreational purposes under this Code section shall be compiled separately from amounts reported for all other farm uses. (n)(p)(1) As used in this subsection, the term: (A) 'Basin' means the Altamaha, Chattahoochee, Coosa, Flint, Ochlocknee, Ocmulgee, Oconee, Ogeechee, St. Marys, Satilla, Savannah, Suwannee, Tallapoosa, or Tennessee River basin. (B) 'Basin of origin' means the basin from which the withdrawal, diversion, or pumping of surface waters occurs. (C) 'Critical needs' means temporary, short-term needs for water such as those due to equipment failure, source contamination, or severe drought affecting public health and safety. (D) 'Interbasin transfer' means the withdrawal, diversion, or pumping of surface waters from a point within any basin of origin and the discharge of all or any part of

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that water into a different receiving basin by means of pipes, conduits, ditches, or canals; provided, however, interbasin transfer shall not include the following:
(i) Surface water transferred from one place to another in connection with mining, conveying, processing, beneficiation, sale, or shipment of any mineral, as such term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode of transportation including but not limited to pipes, pipelines, conduits, ditches, or canals; (ii) Surface water contained in any intermediate or product shipped or transported for further processing or for sale; and (iii) Transfers of water that are part of a plan for the Metropolitan North Georgia Water Planning District approved under subsection (a) of Code Section 12-5-584. (E) 'Intrabasin transfer' means the withdrawal, diversion, or pumping of surface waters from a point within a basin and discharge of all or any part of that water at a different location in the basin by means of pipes, ditches, conduits, or canals; provided, however, intrabasin transfer shall not include the following: (i) Surface water transferred from one place to another in connection with mining, conveying, processing, beneficiation, sale, or shipment of any mineral, as such term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode of transportation including but not limited to pipes, pipelines, conduits, ditches, or canals; (ii) Surface water contained in any intermediate or product shipped or transported for further processing or for sale; and (iii) Transfers of water that are part of a plan for the Metropolitan North Georgia Water Planning District approved under subsection (a) of Code Section 12-5-584. (F) 'Receiving basin' means the basin into which the discharge of all or any part of transferred water occurs. (2) It is the policy of this state to protect reasonable needs of both the basin of origin and the receiving basin through the regulation of interbasin transfers. It is also the policy of this state to protect the basin of origin through regulation of intrabasin transfers. Accordingly, in In the consideration of applications for permits which if granted on or after July 1, 2003, would authorize the withdrawal and transfer of surface waters across natural basins an interbasin or an intrabasin transfer, the director shall be bound by the following requirements: (1)(A) The director shall give due consideration to competing existing uses and applications for permits which would not involve interbasin transfers of surface waters and, subject to subsection (e) of this Code section, shall endeavor to allocate a reasonable supply of surface waters to such users and applicants; (B) Any intrabasin transfer that crosses more than three adjacent counties or any interbasin transfer that leaves the county of withdrawal is prohibited, except to satisfy critical needs or to provide surface water within the lower Savannah and lower Ogeechee river basins within the 24 coastal counties identified in the divisions April 23, 1997, 'Interim Strategy for Managing Salt Water Intrusion in the Upper Floridan Aquifer of Southeast Georgia';

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(2)(C) Any person who receives in one county an intrabasin transfer of water which originated in a second county may transfer any and all of such water by means of pipes, conduits, ditches, or canals into a third county but no further, except to satisfy critical needs; (D) Any person proposing to receive an interbasin transfer must be implementing a water conservation plan approved by the director prior to the receipt of any requested interbasin transfer; (E) The director shall ensure that any interbasin transfer approved shall comply with the requirements of the Board of Natural Resources for instream flow protection in the basin of origin; and (F) The director shall provide a press release regarding the proposed issuance of all any permits authorizing such interbasin transfer of surface waters to newspapers of general circulation in all areas of the state which would be affected by such issuance. The press release shall be provided at least seven 30 days before the issuance of these any such permits. If the director should determine determines that sufficient public interest warrants a public hearing on the issuance of these any such permits, he or she shall cause such a hearing to be held somewhere in the area affected prior to the issuance of these any such permits. (o)(q)(1) As used in this subsection, the term 'aggrieved or adversely affected' means the challenged action has caused or will cause a person injury in fact and the injury is to an interest within the zone of interests to be protected or regulated by statutes that the director is empowered to administer and enforce. (1)(2) Except as otherwise provided in subsection (l) (m) of this Code section for emergency orders, any person who is aggrieved or adversely affected by any order or action of the director pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto to such chapter. Any administrative law judge so appointed by the board shall fully meet and qualify as to all applicable conflict of interest requirements provided for in Section 304(h)(2)(D) of the Federal Water Pollution Control Act of 1972, as amended, and the rules, regulations, and guidelines promulgated thereunder pursuant to such provision of federal law. The decision of the administrative law judge shall constitute the final decision of the board. Any party to the hearing, including the director, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, including the right to seek judicial review in the superior court of the county of the applicants or permittees residence. (2) Persons are 'aggrieved or adversely affected' where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the statutes that the director is empowered to administer and enforce.

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(3) In the event the director asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner."
PART III SECTION 3-1.
Said chapter is further amended by striking Code Section 12-5-92, relating to definitions relative to ground-water use generally, and inserting in lieu thereof the following:
"12-5-92. As used in this part, the term:
(1) 'Aquifer' means a geologic formation, group of such formations, or a part of such a formation that is water-bearing. (2) 'Area of the state' means any municipality or county or portion thereof or other substantial geographical area of the state as may be designated by the division. (3) 'Consumptive use' means any use of water withdrawn from the ground other than a 'nonconsumptive use,' as defined in this part. (4) 'Director' means the director, or his or her designee, of the Environmental Protection Division of the Department of Natural Resources. (5) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (5.1)(6) 'Farm uses' means irrigation of any land used for general farming, forage, aquaculture, pasture, turf production, orchards, or tree and ornamental horticultural nurseries; provisions of water supply for farm animals, poultry farming, or any other activity conducted in the course of a farming operation. Farm uses shall also include the processing of perishable agricultural products and the irrigation of recreational turf, except in Chatham, Effingham, Bryan, and Glynn counties, where irrigation of recreational turf shall not be considered a farm use. (6)(7) 'Ground water' means water of underground streams, channels, artesian basins, reservoirs, lakes, and other water under the surface of the earth, whether public or private, natural or artificial, which is contained within, flows through, or borders upon this state or any portion thereof, including those portions of the Atlantic Ocean over which this state has jurisdiction. (7)(8) 'Nonconsumptive use' means the use of water withdrawn from a ground-water system or aquifer in such a manner that it is returned to the ground-water system or aquifer from which it was withdrawn without substantial diminution in quantity or substantial impairment in quality at or near the point from which it was withdrawn, provided that in determining whether a use of ground water is nonconsumptive, the division may take into consideration whether any material injury or detriment to other water users of the area, by reason of reduction of water pressure in the aquifer or

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system, has not been adequately compensated by the permit applicant who caused or substantially contributed to such injury or detriment. (8)(9) 'Person' means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized under the laws of this state or any other state or country. (9)(10) 'Well' means any excavation that is cored, bored, drilled, jetted, dug, or otherwise constructed for the purpose of locating, testing, or withdrawing ground water, or for the purpose of evaluating, testing, developing, draining, or recharging any ground-water reservoirs or aquifer, or any excavation that may control, divert, or otherwise cause the movement of water from or into any aquifer, provided that this shall not include a well constructed by an individual on land which is owned or leased by him or her, appurtenant to a single-family dwelling, and intended for domestic use, including household purposes, farm livestock, or gardens."
SECTION 3-2. Said chapter is further amended by striking Code Section 12-5-96, relating to permits to withdraw, obtain, or use ground water; water conservation plans; factors to be considered; notice of official acts; administrative hearings; and judicial review, and inserting in lieu thereof the following:
"12-5-96. (a)(1) No person shall withdraw, obtain, or utilize ground waters in excess of 100,000 gallons per day, whether through a single point of withdrawal or through a combination of a system of wells such as multiple wells on a given farm, field, or other use or under a common purpose, design, or plan, for any purpose unless such person shall first obtain a permit therefor from the division. (2) Any person applying for a permit or a permit modification under this part which indicates an increase in water usage, except for permits for solely agricultural usage, shall also submit with such application a water conservation plan approved by the director and based on guidelines issued by the director. For any permit solely for farm use, a water conservation plan prepared by the State Soil and Water Conservation Commission or by the federal Natural Resources Conservation Service shall be deemed in compliance with such plan requirement. The director shall collect and disseminate such technical information as the director deems appropriate to assist in the preparation of water conservation plans.
(b) When sufficient evidence is provided by the applicant that the water withdrawn or used from the ground is not consumptively used, a permit therefor shall be issued by the division without a hearing and without the conditions provided in subsection (c) of this Code section. Applications for such permits shall set forth such facts as the division shall deem necessary to enable it to establish and maintain adequate records of all water uses. (c) In all cases in which sufficient evidence of a nonconsumptive use is not presented by the applicant, the division shall follow the permit decision procedures established by

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Board of Natural Resources regulation, which procedures may include public notice and comment and the opportunity for a public hearing on a draft permit. The division shall then notify the applicant of the divisions proposed action concerning such permit and shall transmit with such notice a copy of any permit it proposes to issue to the applicant,. The division may then issue a permit to the applicant, which permit will become final unless a request for a hearing is made within 30 days from the date of service of such notice. The division shall have the power:
(1) To grant such permit with such conditions as the division deems necessary to implement the regulations adopted pursuant to Code Section 12-5-95; (2) To grant any temporary permit for such period of time as the division shall specify where conditions make such temporary permit essential, even though the action allowed by such permit may not be consistent with the regulations of the Board of Natural Resources; (3) To modify or revoke any permit upon not less than 60 days written notice to any person affected; or (4) To deny such permit if the application therefor or the effect of the water use proposed or described therein upon the water resources of the area is found to be contrary to public interest. Any water user wishing to contest the proposed action shall be entitled to a hearing upon request therefor. (d) In adopting any regulations pursuant to Code Section 12-5-95 and in considering permit applications, revocations, or modifications under this Code section, the Board of Natural Resources or the division shall consider: (1) The number of persons using an aquifer and the object, extent, and necessity of their respective withdrawals or uses; (2) The nature and size of the aquifer; (3) The physical and chemical nature of any impairment of the aquifer adversely affecting its availability or fitness for other water uses, including public use; (4) The probable severity and duration of such impairment under foreseeable conditions; (5) The injury to public health, safety, or welfare which would result if such impairment were not prevented or abated; (6) The kinds of businesses or activities to which the various uses are related and the economic consequences; (7) The importance and necessity of the uses, including farm uses, claimed by permit applicants under this Code section, or of the water uses of the area under Code Section 12-5-95, and the extent of any injury or detriment caused or expected to be caused to other water uses, including public use; (8) Diversion from or reduction of flows in other watercourses or aquifers; (9) A regional water development conservation and sustainable use plan, where applicable; and (10) Any other relevant factors. (e) The division or a party designated by the division may develop a regional water development and conservation plan for the states major aquifers or any portion thereof.

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Such plan shall include water development, conservation, and sustainable use and shall be based on detailed scientific analysis of the aquifer, the projected future condition of the aquifer, and current demand and estimated future demands on the aquifer. Such plan shall serve to promote the conservation and reuse of water within the state, guard against a shortage of water within the state and region, and promote the efficient use of the water resource and shall be consistent with the general welfare and public interest of the state as provided in Code Section 12-5-91. Upon adoption of a regional plan, all permits issued by the division shall be consistent with such plan. The term of any permit and all provisions of any permit for which an application for renewal is made prior to the completion of any regional plan shall be extended at least until the completion of such plan. Applications for new permits shall be subject to review by the division and the division may issue such permits as appropriate pending completion of a regional plan. (f) The division shall give notice of all its official acts which have or are intended to have general application and effect to all persons on its mailing list on the date when such action is taken. It shall be the duty of the division to keep such a mailing list on which it shall record the name and address of each person who requests a listing thereon, together with the date of receipt of such request. Any person may, by written request to the division, ask to be permanently recorded on such a mailing list. (g) Any hearing pursuant to this Code section, other than a hearing held as a part of a public comment period, shall be held in accordance with subsection (c) of Code Section 12-2-2 and also, for the purposes of this part, shall be specifically subject to subsection (a) of Code Section 50-13-19.
(h)(1) When there is a moratorium on the issuance of new permits under this part for use in any area of the state and an otherwise qualified new user in such area has made application in conjunction with any existing user or users in such area agreeing to provide written consent to revocation of their permits in favor of such new user, in whole or in part, the director may issue a new permit to the applicant for an amount to be determined by the director, based upon his or her professional evaluation of water resource conditions, of up to 75 percent of such forfeited permit amount, except that any such new permit shall be for 100 percent of the forfeited permit amount if all forfeited permit uses and the new use are farm uses, if the total amount of use authorized under all existing permits held by the forfeiting permittees is less than 10 million gallons per day including the amount proposed to be forfeited, or if the purposes of the forfeited use and the new use are the same and the new user has acquired ownership of the real property at which all forfeited use is located; but in any case only after receiving from the existing user or users, on a form prescribed by the director, signed written acknowledgment of such proposed revocation by any and all holders of a recorded security interest in the real property or properties at which such use is currently authorized. The new permittee must show in such application that there will be no reduction in the water available to users in the aquifer. Any permit requirements or other conditions established by this title, the division, or the board shall apply to any new permit issued through participation under this subsection and

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any revoked or partially revoked permit reissued through participation under this subsection. A new permit issued under this subsection shall be forfeited if use for the stated purpose has not commenced within two years after issuance. (2) Participation under this subsection in the form of providing consent to revocation of all or part of a permit shall not prevent a person from using water in an amount that does not require application to the director, nor shall such consent to revocation prevent a person from applying for a new permit if the moratorium on the issuance of new permits in the area is lifted. (3) Participation under this subsection shall be limited by the following:
(A) Any person wishing to receive, revoke, or partially revoke a permit by participation under this subsection must submit an application, as prescribed in this title, and receive approval of the director prior to the issuance of a new permit; (B) Any new or reissued permit created or modified by participation under this subsection shall be subject to regulation by the division under this title; (C) Any consideration paid to any person in contemplation of or as inducement to participate in a transfer under this subsection shall not create any additional rights in or under the permit nor shall such payment exempt the new permittee from any requirements of this title or the board or the permit; (D) Any person receiving a new or reissued permit by participation under this subsection shall be subject to all of the requirements established by this title or by the board pursuant to this title; (E) Prior to the application for the transfer of a permit, said permit must be quantified by an annual maximum volume. The board may create, by rule or regulation, a system for the quantification of permits issued for rated pump capacity; and (F) Any new withdrawal proposed under this subsection shall occur only in the county in which the existing withdrawal occurs or in an immediately adjacent county. If such new withdrawal is subsequently proposed for revocation under this subsection, any subsequent withdrawal under this subsection pursuant to such revocation shall remain limited to the county in which the original revoked withdrawal occurred or in an immediately adjacent county. (4) Participation under this subsection is subject to the division, in consultation with any applicable local water management authority, finding that the proposed transfer is in accordance with any applicable then existing state, regional, or local water management plan or plans. (5) For any calendar year in which a permit transfer has been approved by the director, the division shall report to the General Assembly the amounts and uses of all permit transfers made in that calendar year by February 15 of the following year. (6) In the event any paragraph, subparagraph, item, sentence, clause, phrase, or word of paragraphs (1) through (5) of this subsection is declared or adjudged to be invalid or unconstitutional by a court of competent jurisdiction, all of paragraphs (1) through (5) shall automatically be repealed upon entry of such declaration or adjudication and shall not remain of full force and effect after such declaration or adjudication. The

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General Assembly declares that it would not have enacted the remaining portions of paragraphs (1) through (5) of this subsection if it had known that such portion of paragraphs (1) through (5) of this subsection would be declared or adjudged invalid or unconstitutional. (i)(1) As used in this subsection, the term:
(A) 'Basin' means the Altamaha, Chattahoochee, Coosa, Flint, Ochlocknee, Ocmulgee, Oconee, Ogeechee, St. Marys, Satilla, Savannah, Suwannee, Tallapoosa, or Tennessee River basin. (B) 'Basin of origin' means the basin from which the withdrawal, diversion, or pumping of ground water occurs. (C) 'Critical needs' means temporary, short-term needs for water such as those due to equipment failure, source contamination, or severe drought affecting public health and safety. (D) 'Interbasin transfer' means the withdrawal, diversion, or pumping of ground water from a point within or beneath any basin of origin and the discharge of all or any part of that water into a different receiving basin by means of pipes, conduits, ditches, or canals; provided, however, interbasin transfer shall not include the following:
(i) Ground water transferred from one place to another in connection with mining, conveying, processing, beneficiation, sale, or shipment of any mineral, as such term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode of transportation including but not limited to pipes, pipelines, conduits, ditches, or canals; (ii) Ground water contained in any intermediate or product shipped or transported for further processing or for sale; (iii) Transfers of water that are part of a plan for the Metropolitan North Georgia Water Planning District approved under subsection (a) of Code Section 12-5-584; and (iv) Transfers of ground water within the lower Savannah and lower Ogeechee river basins within the 24 coastal counties identified in the divisions April 23, 1997, 'Interim Strategy for Managing Salt Water Intrusion in the Upper Floridan Aquifer of Southeast Georgia.' (E) 'Intrabasin transfer' means the withdrawal, diversion, or pumping of ground water from a point within a basin and discharge of all or any part of that water at a different location in the basin by means of pipes, ditches, conduits, or canals; provided, however, intrabasin transfer shall not include the following: (i) Ground water transferred from one place to another in connection with mining, conveying, processing, beneficiation, sale, or shipment of any mineral, as such term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode of transportation including but not limited to pipes, pipelines, conduits, ditches, or canals; (ii) Ground water contained in any intermediate or product shipped or transported for further processing or for sale; and

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(iii) Transfers of water that are part of a plan for the Metropolitan North Georgia Water Planning District approved under subsection (a) of Code Section 12-5-584. (F) 'Receiving basin' means the basin into which the discharge of all or any part of transferred water occurs. (2) It is the policy of this state to protect reasonable needs of both the basin of origin and the receiving basin through the regulation of interbasin transfers. It is also the policy of the state to protect the basin of origin through regulation of intrabasin transfers. Accordingly, in the consideration of applications for permits which if granted on or after July 1, 2003, would authorize an interbasin or intrabasin transfer, the director shall be bound by the following requirements: (A) The director shall give due consideration to competing existing uses and applications for permits which would not involve interbasin transfers of ground water and, subject to subsection (d) of this Code section, shall endeavor to allocate a reasonable supply of ground water to such users and applicants; (B) Any intrabasin transfer that crosses more than three adjacent counties or any interbasin transfer that leaves the county of withdrawal is prohibited, except to satisfy critical needs; (C) Any person who receives in one county an intrabasin transfer of water which originated in a second county may transfer any or all of such water by means of pipes, conduits, ditches, or canals into a third county but no further, except to satisfy critical needs; (D) Any person proposing to receive an interbasin transfer must be implementing a water conservation plan approved by the director prior to the receipt of any requested interbasin transfer; (E) The director shall ensure that any interbasin transfer approved shall comply with the requirements of the Board of Natural Resources for ground water protection in the basin of origin; and (F) The director shall provide a press release regarding the proposed issuance of any permits authorizing such interbasin transfer of ground water to newspapers of general circulation in all areas of the state which would be affected by such issuance. The press release shall be provided at least 30 days before the issuance of any such permits. If the director determines that sufficient public interest warrants a public hearing on the issuance of any such permits, he or she shall cause such a hearing to be held somewhere in the area affected prior to the issuance of any such permits. (h)(j)(1) As used in this subsection, the term 'aggrieved or adversely affected' means the challenged action has caused or will cause a person injury in fact and the injury is to an interest within the zone of interests to be protected or regulated by statutes that the director is empowered to administer and enforce. (2) Except as otherwise provided in Code Section 12-5-102 for emergency orders, any person who is aggrieved or adversely affected by any order or action of the director pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an

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administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto to such chapter. Any administrative law judge so appointed by the board shall fully meet and qualify as to all applicable conflict of interest requirements provided for in Section 304(h)(2)(D) of the Federal Water Pollution Control Act Amendments of 1972, as amended, and the rules, regulations, and guidelines promulgated thereunder pursuant to such provision of federal law. The decision of the administrative law judge shall constitute the final decision of the board. Any party to the hearing, including the director, shall have a right of judicial review thereof in accordance with Chapter 13 of Title 50, including the right to seek judicial review in the superior court in the county of the applicants or permittees residence. For the purposes of this part, such review is also specifically subject to subsection (a) of Code Section 50-13-19. (2) Persons are 'aggrieved or adversely affected' where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the statutes that the director is empowered to administer and enforce. (3) In the event the director asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner."
SECTION 3-3. Said chapter is further amended by striking Code Section 12-5-102, relating to emergency orders, hearings, and appeals, and inserting in lieu thereof the following:
"12-5-102. (a) After receipt of affidavits or other sworn statements from persons setting forth an emergency situation requiring immediate action to protect the public health or welfare, and after the division finds that such an emergency exists requiring immediate action to protect the public health or welfare, the division may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as the division deems necessary to meet the emergency. Such order shall, except as to farm uses, be effective immediately, and any person to whom such order is directed shall comply therewith immediately but, on application to the division, shall be afforded a hearing within five days from the day on which the order is issued. On the basis of such hearing, the division shall continue such order in effect, revoke it, or modify it. Whenever it clearly appears to the director from specific facts shown by affidavits of residents of the affected area of this state that an emergency period of water shortage exists within such area so as to place in jeopardy the health or safety of the citizens of such area or to threaten serious harm to the water resources of the area, he or she may by emergency order impose such restrictions on one or more permits

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previously issued pursuant to Code Section 12-5-96 as may be necessary to protect adequately such citizens or water resources; provided, however, such order shall not be issued until an effort has been made to give written notice of the proposed action by certified mail or statutory overnight delivery to the permittee or permittees to be affected. Such written notice shall allow such permittee or permittees five days from the date of mailing of the notice to appear before the director in opposition to the proposed action. The director may impose such restrictions based upon any reasonable system of classification established by the Board of Natural Resources through rule or regulation. Such system of classification shall be based upon but not necessarily limited to those factors set forth in subsection (d) of Code Section 12-5-96. (b) Any appeal from such order shall be in accordance with subsection (c) of Code Section 12-2-2, and, for the purposes of this part, shall be specifically subject to subsection (a) of Code Section 50-13-19, except that the initial hearing shall be within five days from the date on which the order was issued. Farm use permittees may continue to make use of water to their permitted capacity during the appeal process, but failure to timely request a hearing shall waive such right. The director shall specify in such order any change in the conditions of the permit, any suspension of the permit, or any other restriction on withdrawing, obtaining, or utilizing ground water for the duration of the emergency water shortage and shall serve same on the person by hand delivery or certified mail or statutory overnight delivery. Except as to farm uses, any such change, suspension, or other restriction shall be effective immediately upon receipt of such order by the permittee, his or her agent for service of process, or any agent or employee of the permittee who receives the notification at the permittees principal place of business in the state. Any permittee, other than a farm use permittee, to whom such order is directed shall comply therewith immediately. Upon application to a hearing officer appointed by the Board of Natural Resources of this state, a permittee, including a farm use permittee, shall be afforded a hearing within 20 days of receipt of such notice by the hearing examiner in accordance with subsection (c) of Code Section 12-2-2. Farm use permittees may continue to make use of water to their permitted capacity during the appeal process, but failure to timely request a hearing in accordance with subsection (c) of Code Section 12-2-2 shall waive such right. (c) During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use. (d) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section. (e) Upon expiration of the emergency period of water shortage as determined by the director, the director shall immediately notify each affected permittee in writing of such expiration, and the permittees shall thereafter be authorized to operate under the permits as issued prior to the emergency period of water shortage."
SECTION 3-4. Said chapter is further amended by striking Code Section 12-5-105, relating to permits for farm uses, notice of transfer or modification in use or capacity, nonuse, suspension or

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modification, priority uses, and effect on existing common or statutory law, and inserting in lieu thereof the following:
"12-5-105. (a)(1) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, a permit to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined by paragraph (10) (6) of Code Section 12-5-92, shall be issued by the director to any person when the applicant submits an application which provides reasonable proof that the applicants farm use of ground water occurred prior to July 1, 1988, and when such application is submitted prior to July 1, 1991. If submitted prior to July 1, 1991, an application for a permit to be issued based upon farm uses of ground water occurring prior to July 1, 1988, shall be granted for the withdrawal of ground water at a rate of withdrawal equal to the greater of the operating capacity in place for withdrawal on July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar year, the greatest withdrawal capacity during the fiveyear period immediately preceding July 1, 1988. If submitted after July 1, 1991, or, regardless of when submitted, if it is based upon a withdrawal of ground water for farm uses occurring or proposed to occur on or after July 1, 1988, an application shall be subject to evaluation and classification pursuant to Code Sections 12-5-96 and 125-97, but a permit based upon such evaluation and classification shall may be issued to ensure the applicants right to a reasonable use of such ground water. Any permit issued pursuant to this Code section shall be further conditioned upon the requirement that the permittee shall provide, on forms prescribed by the director, information relating to a general description of the lands and number of acres subject to irrigation and the permit; the name and address of the permittee; a description of the general type of irrigation system used; well construction; and pump information, including rated capacity, pump setting depth, and power information. (2) On or after July 1, 2003, the director may deny an application for a withdrawal permit for farm use or an increase in withdrawal from an existing permit for farm use based on the availability of water in the watershed or aquifer or if the applicant fails to demonstrate a need for the water. A maximum annual volume of water that the permittee may use shall be specified as a permit limit for farm use permits issued on or after July 1, 2003.
(b) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, permits to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined in paragraph (10) (6) of Code Section 12-5-92, whether for new withdrawals or under subsection (a) of this Code section, shall be governed as follows:
(1) A permit issued, modified, or amended after July 1, 2003, for farm uses shall have no annual reporting requirements, a specified maximum annual volume, and no term and may be transferred or assigned to subsequent owners of the lands which are the subject of such permit; provided, however, that the division shall receive written notice of any such transfer or assignment, and any modification in the use or capacity conditions contained in the permit or in the lands which are the subject of such permit

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shall require the permittee to submit an application for review and approval by the director consistent with the requirements of this part; (2) Permits for farm use, after initial use has commenced, shall not may be revoked, in whole or in part, for nonuse after initial use has commenced; if the use has not commenced within two years after issuance; or if upon demand by the director the permittee is no longer able to show a need for the water, regardless of whether such demand is made prior to or after the initial two year period. Periodic idling of use under a farm use permit due to silvicultural or agricultural rotations or implementation of Article 9 of this chapter, the 'Flint River Drought Protection Act,' shall not be cause for revocation; (3) The director may suspend or modify a permit for farm use if he or she should determine through inspection, investigations, or otherwise that the quantity of water allowed would prevent other applicants from reasonable use of ground water beneath their property for farm use; (4) During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use; and (5) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section. (c)(1) The State Soil and Water Conservation Commission shall have the duty of implementing a program of measuring farm uses of water in order to obtain clear and accurate information on the patterns and amounts of such use, which information is essential to proper management of water resources by the state and useful to farmers for improving the efficiency and effectiveness of their use of water, meeting the requirements of paragraph (1) of subsection (b) of this Code section, and improving water conservation. Accordingly, the State Soil and Water Conservation Commission shall on behalf of the state purchase, install, operate, and maintain water-measuring devices for farm uses that are required by this Code section to have permits. As used in this paragraph, the term 'operate' shall include reading the water-measuring device, compiling data, and reporting findings. (2) For purposes of this subsection, the State Soil and Water Conservation Commission:
(A) May conduct its duties with commission staff and may contract with other persons to conduct any of its duties; (B) May receive and use state appropriations, gifts, grants, or other sources of funding to carry out its duties; (C) In consultation with the director, shall develop a priority system for installation of water-measuring devices for farm uses that have permits as of July 1, 2003. The commission shall, provided that adequate funding is received, install and commence operation and maintenance of water-measuring devices for all such farm uses by July 1, 2009; provided, however, that the commission shall not install a watermeasuring device on any irrigation system for such a farm use if such irrigation system is equipped with a meter as of July 1, 2003, and such meter is determined by the commission to be properly installed and operable, but any subsequent

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replacement or maintenance of such an irrigation system that necessitates replacement of such meter shall necessitate installation of a water-measuring device by the commission; (D) May charge any permittee the commissions reasonable costs for purchase and installation of a water-measuring device for any farm use permit issued by the director after July 1, 2003; however, for permit applications submitted to the division prior to December 31, 2002, no charge shall be made for such costs; and (E) Shall issue an annual progress report on the status of water-measuring device installation. (3) Any person who desires to commence a farm use for which a permit is issued after July 1, 2003, shall not commence such use prior to the installation of a watermeasuring device by the commission. (4) Subject to the provisions of subparagraph (C) of paragraph (2) of this subsection, after July 1, 2009, no one shall use water for a farm use required to have a permit under this Code section without having a water-measuring device in operation that has been installed by the commission. (5) Employees or agents of the commission are authorized to enter upon private property at reasonable times to conduct the duties of the commission under this subsection. (6) Any reports of amounts of use for recreational purposes under this part shall be compiled separately from amounts reported for all other farm uses. (c)(d) Nothing in this Code section shall be construed as a repeal or modification of Code Section 12-5-104."
PART IV SECTION 4-1.
Said chapter is further amended in subsection (a) of Code Section 12-5-174, relating to powers and duties of the Board of Natural Resources as to public water systems, by striking the period at the end of paragraph (4) and inserting "; and" in lieu thereof and adding a new paragraph (5) to read as follows:
"(5) Establish by rule or regulation such policies, requirements, or standards as are necessary and appropriate governing the installation and operation of watermeasuring devices on individual service connections."
SECTION 4-2. Said chapter is further amended in subsection (a) of Code Section 12-5-176, relating to powers and duties of the director as to public water systems generally, by striking "and" at the end of paragraph (11), striking the period at the end of paragraph (12) and inserting "; and" in lieu thereof, and adding a new paragraph (13) to read as follows:
"(13) To exercise general supervision over the installation and operation of watermeasuring devices on individual service connections."

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PART V SECTION 5-1.
The General Assembly finds and declares that: (1) A comprehensive state-wide water management plan for this state is needed and should be developed; (2) A new agency of government is not required for this purpose, but rather such plan should be developed by the Environmental Protection Division of the Department of Natural Resources; (3) Such plan should support a structured yet flexible approach to regional water planning and provide guidance and incentives for regional and local water planning efforts; (4) Regional water planning efforts of the Environmental Protection Division should be coordinated with, and not supplant, the existing efforts of the State Soil and Water Conservation Commission; (5) Subject to appropriation in a general appropriations Act, funding for the development of a proposed comprehensive state-wide water management plan should come from the general revenues of the state treasury, since the creation of such plan will provide benefits to all citizens of this state; and (6) The director of the Environmental Protection Division should consult with the State Soil and Water Conservation Commission and other experts to examine mechanisms and alternatives for funding and implementation of the comprehensive state-wide water management plan.
SECTION 5-2. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is further amended by inserting a new Article 7A to read as follows:
"ARTICLE 7A 12-5-510. This article shall be known and may be cited as the 'Comprehensive State-wide Water Management Planning Act.'
12-5-511. As used in this article, the term:
(1) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (2) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (3) 'Committee' means the coordinating committee established under Code Section 12-5-516.

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12-5-512. The general welfare and public interest require that the water resources of this state be put to beneficial use to the fullest extent to which they are capable, subject to reasonable regulation in order to conserve such water resources, to protect natural systems, and to provide and maintain conditions which are conducive to the development and use of such water resources. Accordingly, as provided in this article, the division shall propose rules or regulations for establishing a comprehensive statewide water management plan which plan shall set forth state-wide water policies and which shall guide river basin management plans, regional water planning efforts of the division and the State Soil and Water Conservation Commission, and local water plans.
12-5-513. (a) The proposed rules or regulations to provide a comprehensive state-wide water management plan shall be developed in accord with and contain the following policy statement: 'Georgia manages water resources in a sustainable manner to support the states economy, to protect public health and natural systems, and to enhance the quality of life for all citizens.' (b) The following principles shall guide the work of the division in developing the proposed rules and regulations to provide a comprehensive state-wide water management plan:
(1) Effective water resources management protects public health and the safety and welfare of Georgia's citizens; (2) Water resources are to be managed in a sustainable manner so that current and future generations have access to adequate supplies of quality water that support both human needs and natural systems; (3) All citizens have a stewardship responsibility to conserve and protect the water resources of Georgia; (4) Water management efforts must have a sound scientific foundation and recognize that economic prosperity and environmental quality are interdependent; (5) Water quality and quantity and surface and ground water are interrelated and require integrated planning as well as reasonable and efficient use; (6) A comprehensive and accessible data base must be developed to provide sound scientific and economic information upon which effective water management decisions can be based; (7) Water resources management encourages local and regional innovation, implementation, adaptability, and responsibility for watershed and river basin management; (8) Sound water resources management involves meaningful participation, coordination, and cooperation among interested and affected stakeholders and citizens as well as all levels of governmental and other entities managing or utilizing water; and

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(9) Periodic revisions of the comprehensive state-wide water management plan may be required to accommodate new scientific and policy insights as well as changing social, economic, cultural, and environmental factors. (c) The proposed rules or regulations to provide a state-wide comprehensive water management plan shall include as a part thereof a state-wide drought management plan to establish procedures for the identification of conditions that indicate the approach and potential onset of drought and for the use of water in a period of drought when such a period is determined to exist based upon criteria specified in the state-wide drought management plan.
12-5-514. Subject to sufficient appropriation of funds, the director is authorized to employ on a full-time or part-time basis such professional personnel and clerical or other employees as may be necessary to discharge the additional duties delegated to the division by this article.
12-5-515. (a) The division shall work in cooperation, coordination, and communication with the coordinating committee created by Code Section 12-5-516 and any other state, local, regional, or federal agency as appropriate to complete the proposed rules or regulations to provide a comprehensive state-wide water management plan. (b) The division shall complete the proposed comprehensive state-wide water management rules and regulations and the director shall submit the final draft of such proposed plan to the coordinating committee for review not later than three years after the effective date of this article.
12-5-516. (a) There shall be a coordinating committee composed of the following state officials who shall serve ex officio as members of the committee: commissioner of natural resources; director of the Environmental Protection Division of the Department of Natural Resources; executive director of the State Soil and Water Conservation Commission, commissioner of community affairs, commissioner of human resources, Attorney General, Commissioner of Agriculture, and commissioner of industry, trade, and tourism. In addition, the chairpersons of the Senate Natural Resources and the Environment Committee and the House Committee on Natural Resources and Environment shall serve ex officio in an advisory capacity to the committee to provide a legislative perspective in discussions and to build institutional knowledge of the nuances of the state-wide comprehensive water planning process in the General Assembly. The director shall serve as chairperson of the committee. (b) The committee shall:
(1) Ensure coordination, cooperation, and communication among state agencies and their water related efforts in the development of any proposed rules or regulations to provide a comprehensive state-wide water management plan;

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(2) Review the final draft of the proposed rules or regulations to provide a comprehensive state-wide water management plan upon submission by the director to determine implications of the plan for responsibilities and authority of their respective agencies and needs for implementing legislation; and (3) Recommend such proposed rules and regulations at the regular session of the General Assembly next occurring after such completion for consideration by the General Assembly, along with any proposed amendments to this Code which may be necessary for such purposes.
12-5-517. (a) No rules or regulations establishing any comprehensive state-wide water management plan prepared pursuant to this article shall have any force or effect unless approved by the General Assembly by means of the adoption of a joint resolution ratifying such rules or regulations. (b) Subject to review by and recommendation of the coordinating committee in the same manner provided by subsection (b) of Code Section 12-5-516, the division may subsequently propose to amend or repeal any rules or regulations previously ratified by the General Assembly pursuant to subsection (a) of this Code section; but no such proposed amendment or repeal shall become effective unless such proposed amendment or repeal is approved by the General Assembly by means of the adoption of a joint resolution ratifying such amendment or repeal, except as otherwise provided by subsection (c) of this Code section. (c) If at any time after a joint resolution has been adopted as provided in subsection (a) of this Code section and between the adjournment sine die of a regular session of the General Assembly and prior to the convening date of the next regular session of the General Assembly the director finds that an imminent peril to the public health, safety, or welfare, requires adoption, amendment, or repeal of a rule or regulation for purposes of this article and states in writing his or her reasons for that finding, the coordinating committee may proceed to adopt an emergency rule or regulation for purposes of this article. Such rule or regulation shall be effective upon such adoption and for not longer than the duration of the emergency or until the twentieth legislative day of the next regular session of the General Assembly, whichever first occurs."
SECTION 5-2A. Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to jurisdiction of the Public Service Commission, is amended by adding after Code Section 46-2-23.1 a new Code section to read as follows:
"46-2-23.2. The rates of each water supplier, other than a supplier owned or operated by this state or by a political subdivision of this state or under contract with this state or such a political subdivision for such operation, shall be subject to regulation by the Public Service Commission if such supplier has 3,000 or more taps. In fixing the rates for

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such supplier, the commission may fix such rates on the ratio of the operating expenses to the operating revenues."
SECTION 5-3. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitations on actions to contest rules, and legislative override, by adding a new subsection to read as follows:
"(i) This Code section shall not apply to rules or regulations establishing a comprehensive state-wide water management plan, which rules or regulations shall be proposed, adopted, amended, or repealed pursuant to Article 7A of Chapter 5 of Title 12."
SECTION 5-4. Said title is further amended in subsection (a) of Code Section 50-18-72, relating to when public disclosure of records is not required and disclosure of exempting authority, by inserting a new paragraph to read as follows:
"(10.1) Records of farm water use by individual farms as determined by watermeasuring devices installed pursuant to Code Section 12-5-31 or 12-5-105; provided, however, that compilations of such records for an entire river basin or aquifer that do not reveal farm water use by individual farms shall be subject to disclosure under this article;"
PART VI SECTION 6-1.
All laws and parts of laws in conflict with this Act are repealed.
Senator Johnson of the 1st offered the following amendment #1:
Amend the Senate Natural Resources and the Environment Committee substitute to HB 237 (LC 25 3250S) by striking line 34 on page 2 and inserting in lieu thereof the following:
"or corporation; provided, however, that surface waters of the state or surface waters does not include waters of the Atlantic Ocean lying within or without or forming a part of the boundaries of the state; and provided, further, that surface waters of the state or surface waters does not include any pond". By inserting between lines 33 and 34 on page 22 the following:
"(i.1) Waters taken from the Atlantic Ocean for purposes of desalination;".
By inserting between lines 13 and 14 on page 23 the following: "(i.1) Waters taken from the Atlantic Ocean for purposes of desalination;".
On the adoption of the amendment, the yeas were 42, nays 1, and the Johnson amendment #1 to the committee substitute, was adopted.

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Senators Lamutt of the 21st, Johnson of the 1st, Gillis of 20th, Starr of the 44th, Tanksley of the 32nd and others offered the following amendment #2: Amend the Senate Natural Resources and the Environment Committee substitute to HB 237 (LC 25 3250S) by striking line 19 of page 9 through line 8 of page 11 and inserting in lieu thereof the following:
"(l) Permits issued under this Code section shall not be transferable except as provided in subparagraph (b)(4)(A) of this Code section.".
By striking line 25 of page 20 through line 15 of page 22 and inserting in lieu thereof the following:
"(h) Permits issued under this part shall not be transferable except as provided in paragraph (1) of subsection (b) of Code Section 12-5-105.".
On the adoption of the amendment, the yeas were 45, nays 6, and the Lamutt, et al. amendment #2 to the committee substitute was adopted.
Senators Cagle of the 49th and Seabaugh of the 28th offered the following amendment #3:
Amend the Senate Natural Resources and the Environment Committee substitute to HB 237 (LC 25 3250S) by inserting after "regulations;" on line 18 of page 1 the following:
"to change certain provisions relating to water supply and water management plans for the Metropolitan North Georgia Water Planning District;".
By striking "and" at the end of line 22 on page 14, striking the period at the end of line 24 and inserting "; and" in lieu thereof, and inserting between lines 24 and 25 the following:
"(iv) Transfers of water from a public water system supply reservoir for which a federal permit authorizing construction was issued prior to July 1, 2003, and pursuant to the terms of an intergovernmental agreement entered into prior to such date.".
By striking "and" at the end of line 35 on page 14, striking the period at the end of line 37 and inserting "; and" in lieu thereof, and inserting after line 37 the following:
"(iv) Transfers of water from a public water system supply reservoir for which a federal permit authorizing construction was issued prior to July 1, 2003, and pursuant to the terms of an intergovernmental agreement entered into prior to such date.".
By redesignating Section 5-2A as Section 5-2B. By inserting after Section 5-2 the following:
"SECTION 5-2A.

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Said chapter is further amended by striking subsection (f) of Code Section 12-5-584, relating to water supply and water management plans for the Metropolitan North Georgia Water Planning District, and inserting in lieu thereof the following:
"(f) The district shall neither study nor include in any plan any interbasin transfer of water from outside the district area unless such transfer shall be from a public water system supply reservoir for which a federal permit authorizing construction was issued prior to July 1, 2003, and pursuant to the terms of an intergovernmental agreement entered into prior to such date."
On the adoption of the amendment, the yeas were 44, nays 1, and the Cagle, Seabaugh amendment #3 to the committee substitute, was adopted.
Senators Cagle of the 49th, Bulloch of the 11th, Hudgens of the 47th, Kemp of the 46th, Meyer von Bremen of the 12th and Hooks of the 14th offered the following amendment #4:
Amend the Senate Natural Resources and the Environment Committee substitute to HB 237 (LC 25 3250S) by striking line 19 of page 9 through line 8 of page 11 and inserting in lieu thereof the following:
"(l) Permits issued under this Code section shall not be transferable, except that permits for farm uses may be transferred or assigned to subsequent owners of the lands which are the subject of such permits as provided in subparagraph (b)(4)(A) of this Code section.".
By striking line 25 of page 20 through line 15 of page 22 and inserting in lieu thereof the following:
"(h) Permits issued under this part shall not be transferable, except that permits for farm uses may be transferred or assigned to subsequent owners of the lands which are the subject of such permits as provided in paragraph (1) of subsection (b) of Code Section 12-5-105.".
Senator Cagle of the 49th asked unanimous consent that the Cagle, et al. amendment #4 to the committee substitute be withdrawn. The consent was granted, and the amendment was withdrawn.
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:

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Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay N 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 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 51, nays 4.

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

Senator Thompson of the 33rd moved that the Senate confirm the appointments made by Governor Roy Barnes in a letter to the Senate dated January 6, 2003.

The President ruled that because the appointments had been referred to the Committee on Assignments, pursuant to Senate Rule 218(a), they were not before the Senate and therefore the motion to confirm was out of order.

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

Mr. President:

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

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

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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 following communication from His Excellency, Governor Sonny Perdue, was received by the Secretary:
STATE OF GEORGIA Office of the Governor Atlanta 30334-0900
April 14, 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 and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation:
The Honorable Wanda Barrs of Bleckley County, the Honorable Pat Biggerstaff of Lincoln County, and the Honorable Jim Franklin of Gordon County as members of the Board of Education for the term of office beginning February 13, 2003 and ending January 1, 2006 and until a successor is appointed.
The Honorable Garland Pinholster of Cherokee County as a member of the Board of Education for the term of office beginning February 13, 2003 and ending January 1, 2004 and until a successor is appointed.
The Honorable Mary Sue Murray of Douglas County as a member of the Board of Education for the term of office beginning February 13, 2003 and ending January 1, 2009 and until a successor is appointed.
The Honorable Al Hodge of Floyd County as a member of the Board of Education for the term of office beginning March 10, 2003 and ending January 1, 2004 and until a successor is appointed.

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The Honorable Brad Bryant of DeKalb County as a member of the Board of Education for the term of office beginning April 10, 2003 and ending January 1, 2006 and until a successor is appointed.

The Honorable Raybon Anderson of Bulloch County, the Honorable Willard Lasseter of Colquitt County, and the Honorable Jim Tysinger of DeKalb County as members of the Board of Natural Resources for the term of office beginning February 26, 2003 and ending January 1, 2010 and until a successor is appointed.

The Honorable Ralph Callaway of Muscogee County as a member of the Board of Natural Resources for the term of office beginning March 26, 2003 and ending January 1, 2010 and until a successor is appointed.

The Honorable Danny Brown of Washington County and the Honorable Mary Edenfield Gibbs of Pulaski County as members of the Georgia Agricultural Exposition Authority for the term of office beginning March 12, 2003 and ending March 12, 2007 and until a successor is appointed.

The Honorable Julie Hunt of Tift County as a member of the Board of Regents for the term of office beginning April 7, 2003 and ending January 1, 2004 and until a successor is appointed.

The Honorable J. Randolph Evans of Cobb County as a member of the State Elections Board for the term of office beginning April 4, 2003 and ending April 5, 2005 and until a successor is appointed.
Sincerely,

/s/ Sonny Perdue

The President referred the Governor's appointments to the Committee on Assignments.

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

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate:

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

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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.

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

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.

Senator Harbison of the 15th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.

The Calendar was resumed.

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

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of Georgia Annotated, relating to water resources, so as to provide for programs for measuring certain farm uses of water; and for other purposes.
Senate Sponsor: Senator Bulloch of the 11th.
The Senate Natural Resources and the Environment Committee offered the following amendment:
Amend HB 579 (LC 25 3108S) by striking lines 1 through 20 of page 3 and inserting in lieu thereof the following:
"(C) In consultation with the director, shall develop a priority system for installation of water-measuring devices for farm uses that have permits as of July 1, 2003. The commission shall, provided that adequate funding is received, install and commence operation and maintenance of water-measuring devices for all such farm uses by July 1, 2009; provided, however, that the commission shall not install a watermeasuring device on any irrigation system for such a farm use if such irrigation system is equipped with a meter as of July 1, 2003, and such meter is determined by the commission to be properly installed and operable, but any subsequent replacement or maintenance of such an irrigation system that necessitates replacement of such meter shall necessitate installation of a water-measuring device by the commission; (D) May charge any permittee the commissions reasonable costs for purchase and installation of a water-measuring device for any farm use permit issued by the director after July 1, 2003; however, for permit applications submitted to the division prior to December 31, 2002, no charge shall be made for such costs; and (E) Shall issue an annual progress report on the status of water-measuring device installation. (3) Any person who desires to commence a farm use for which a permit is issued after July 1, 2003, shall not commence such use prior to the installation of a watermeasuring device by the commission. (4) Subject to the provisions of subparagraph (C) of paragraph (2) of this subsection, after July 1, 2009, no one shall use water for a farm use required to have a permit under this Code section without having a water-measuring device in operation that has been installed by the commission. (5) Employees or agents of the commission are authorized to enter upon private property at reasonable times to conduct the duties of the commission under this subsection. (6) Any reports of amounts of use for recreational purposes under this Code section shall be compiled separately from amounts reported for all other farm uses.'".
By striking line 27 of page 4 through line 9 of page 5 and inserting in lieu thereof the following:

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"(C) In consultation with the director, shall develop a priority system for installation of water-measuring devices for farm uses that have permits as of July 1, 2003. The commission shall, provided that adequate funding is received, install and commence operation and maintenance of water-measuring devices for all such farm uses by July 1, 2009; provided, however, that the commission shall not install a watermeasuring device on any irrigation system for such a farm use if such irrigation system is equipped with a meter as of July 1, 2003, and such meter is determined by the commission to be properly installed and operable, but any subsequent replacement or maintenance of such an irrigation system that necessitates replacement of such meter shall necessitate installation of a water-measuring device by the commission; (D) May charge any permittee the commissions reasonable costs for purchase and installation of a water-measuring device for any farm use permit issued by the director after July 1, 2003; however, for permit applications submitted to the division prior to December 31, 2002, no charge shall be made for such costs; and (E) Shall issue an annual progress report on the status of water-measuring device installation. (3) Any person who desires to commence a farm use for which a permit is issued after July 1, 2003, shall not commence such use prior to the installation of a watermeasuring device by the commission. (4) Subject to the provisions of subparagraph (C) of paragraph (2) of this subsection, after July 1, 2009, no one shall use water for a farm use required to have a permit under this Code section without having a water-measuring device in operation that has been installed by the commission. (5) Employees or agents of the commission are authorized to enter upon private property at reasonable times to conduct the duties of the commission under this subsection. (6) Any reports of amounts of use for recreational purposes under this part shall be compiled separately from amounts reported for all other farm uses.'".

On the adoption of the amendment, the yeas were 36, 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 Harbison Y Harp Y Henson Y Hill E Hooks

E 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 Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N N Thomas,R Y Thompson Y Tolleson Y Unterman
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 as amended.

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

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

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the following Bills of the Senate:

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.

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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.

The Calendar was resumed.

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.

Senate Sponsor: Senator Price of the 56th.

The Senate Health and Human Services Committee offered the following substitute to HB 56:
A BILL TO BE ENTITLED AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, Title 31 of the Official Code of Georgia Annotated, relating to health, and Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to revise and change certain provisions regarding the Georgia Board for Physician Workforce, the State Medical Education Board, and the Renal Dialysis Advisory Council; to change certain provisions regarding the staff and executive director of the State Medical Education Board; to change certain provisions regarding funds for loans and scholarships and administrative assignment of the State Medical Education Board; to change certain provisions regarding legislative purposes with respect to certain provisions regarding medical scholarships; to change certain provisions regarding the powers, duties, and functions of the Department of Community Health; to change certain provisions

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regarding funding of medical education provided by hospital authorities and designated teaching hospitals; to change certain provisions regarding funding of service cancelable loans to physicians in rural areas; to change certain provisions regarding the establishment of the Renal Dialysis Advisory Council; to change certain provisions regarding the administrative assignment, powers, duties, and functions of the Georgia Board for Physician Workforce; 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 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Code Section 20-3-511, relating to the employment of staff and an executive director of the State Medical Education Board, and inserting in its place a new Code Section 20-3-511 to read as follows:
"20-3-511. With the concurrence of the State Medical Education Board, the Department of Community Health shall employ and provide for the compensation of such administrative staff, including but not limited to an executive director, as is necessary to carry out the functions of the State Medical Education Board. The State Medical Education Board shall have the authority to employ such administrative staff as is necessary to carry out the functions of the State Medical Education Board. Such staff members shall be employed within the limits of the appropriations made to the State Medical Education Board."
SECTION 2. Said title is further amended by striking Code Section 20-3-516, relating to funds for loans and scholarships and administrative assignment of the State Medical Education Board, and inserting in its place a new Code Section 20-3-516 to read as follows:
"20-3-516. The funds necessary for the loans or scholarships provided for by this part and to administer the terms of this part shall come from funds made available to the State Medical Education Board from appropriations to the Department of Community Health Board of Regents of the University System of Georgia for medical scholarships or other purposes. The State Medical Education Board shall be an independent state agency assigned to the Department of Community Health Board of Regents of the University System of Georgia for administrative purposes only, except that such department shall prepare and submit the budget for that board in concurrence with that board as provided in Code Section 50-4-3."
SECTION 3. Said title is further amended by striking Code Section 20-3-518, relating to legislative purposes with respect to certain provisions regarding medical scholarships, and inserting in its place a new Code Section 20-3-518 to read as follows:

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"20-3-518. It is the purpose and intent of this part to bring about an adequate supply of persons licensed to practice medicine in the more sparsely populated areas of the State of Georgia and in other areas of need as determined by the State Medical Education Board in cooperation with the Georgia Board for Physician Workforce, by increasing the number of medical students from Georgia in the various medical schools and inducing a sufficient number of the graduates from medical schools to return to Georgia and practice their profession, thus affording adequate medical care to the people of Georgia. In furtherance of such purpose, the State Medical Education Board shall have sole responsibility and authority for all state programs designed to assist Georgia communities with recruitment and retention of physicians."
SECTION 4. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking paragraph (2) of subsection (f) of Code Section 31-5A-4, relating to powers, duties, and functions of the Department of Community Health, and inserting in its place a new paragraph (2) to read as follows:
"(2) Is authorized to plan and coordinate medical education and physician workforce issues Reserved;"
SECTION 5. Said title is further amended by striking subsections (c) and (d) of Code Section 31-7-95, relating to funding of medical education provided by hospital authorities and designated teaching hospitals, and inserting in their place new subsections (c) and (d) to read as follows:
"(c) For each resident receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital, the Department of Community Health Georgia Board for Physician Workforce shall pay no more than $10,000.00 per annum to the hospital authority or designated teaching hospital. Such payments shall be made based upon certifications by the hospital authorities or designated teaching hospitals to the Department of Community Health Georgia Board for Physician Workforce. The Department of Community Health Georgia Board for Physician Workforce is authorized to designate the Georgia Board for Physician Workforce to promulgate rules and regulations specifying procedures for making the certifications provided for in this Code section and to establish a procedure for making payments to hospital authorities and designated teaching hospitals as provided in this Code section. (d) The funds necessary to carry out this Code section shall derive from funds appropriated for such purpose to the Department of Community Health Georgia Board for Physician Workforce. In the event the funds appropriated by the General Assembly are insufficient to fund the full amount payable to hospital authorities or designated teaching hospitals under subsection (c) of this Code section, the amount otherwise payable thereunder shall be reduced pro rata in accordance with the funds actually

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appropriated for such purpose. The Department of Community Health Georgia Board for Physician Workforce shall have the authority to promulgate rules and regulations to carry out the provisions of this Code section. No additional teaching hospitals will be added until such funds have been made available for any additional teaching hospitals."
SECTION 6. Said title is further amended by striking Code Section 31-34-8 of the Official Code of Georgia Annotated, relating to funding of service cancelable loans for physicians in rural areas, and inserting in its place a new Code Section 31-34-8 to read as follows:
"31-34-8. The funds necessary to carry out the loan program authorized by this chapter may come from funds made available to the board from private, federal, or state sources. Funds appropriated by the General Assembly for the purposes of this chapter shall be appropriated to the Department of Community Health Board of Regents of the University System of Georgia for the specific purpose of the cancelable loan program authorized by this chapter. The board shall be an independent state agency assigned to the Department of Community Health Board of Regents of the University System of Georgia for administrative purposes only, except that such department shall prepare and submit the budget for that board in concurrence with that board as defined by Code Section 50-4-3."
SECTION 7. Said title is further amended by striking subsection (b) of Code Section 31-44-3, relating to adoption of rules, establishment of a council, and terms of councilmembers, and inserting in its place the following:
"(b) The department shall establish a Renal Dialysis Advisory Council to advise the department regarding licensing and inspection of end stage renal disease facilities. The council shall be composed of a minimum of 13 persons appointed by the board: one member recommended by the Dogwood Chapter of the American Nephrology Nurses Association; one member recommended by the Georgia Chapter of the American Association of Kidney Patients; two physicians specializing in nephrology recommended by the Georgia Renal Physicians Association; one member recommended by the National Kidney Foundation of Georgia; two administrators of facilities certified as outpatient dialysis facilities in Georgia; three members of the general public, two of whom shall be dialysis patients or family members of dialysis patients; one member representing technicians working in renal dialysis facilities; one member representing social workers working in renal dialysis facilities; and one member representing nutritionists working in renal dialysis facilities."
SECTION 8. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in Code Section 49-10-1, relating to the Georgia Board for Physician Workforce, by striking paragraph (1) of subsection (a) and striking subsection (d) and

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inserting in their place a new paragraph (1) of subsection (a) and a new subsection (d) to read as follows:
"(1) The Joint Board of Family Practice which existed on January 1, 1998, is continued in existence but on and after July 1, 1998, shall become and be known as the Georgia Board for Physician Workforce. The Georgia Board for Physician Workforce, referred to in this chapter as the 'board,' shall be attached to the Department of Community Health Board of Regents of the University System of Georgia for administrative purposes only, as defined by Code Section 50-4-3, except that such department shall prepare and submit the budget for that board in concurrence with that board." "(d) The Department of Community Health, with the concurrence of the board, The Georgia Board for Physician Workforce shall have the authority to employ such administrative staff as is necessary to carry out the functions of the board. Such staff members shall be employed within the limits of the appropriations made to the board."
SECTION 9. Said title is further amended by striking Code Section 49-10-3, relating to powers, duties, and responsibilities of the Georgia Board of Physician Workforce, and inserting in its place a new Code Section 49-10-3 to read as follows:
"49-10-3. The board shall have the following powers, duties, and responsibilities:
(1) To locate and determine specific underserved areas of the state in which unmet priority needs exist for physicians by monitoring and evaluating the supply and distribution of physicians by specialty and geographical location; (2) To approve and allocate state appropriations for family practice training programs, including but not limited to fellowships in geriatrics and other areas of need as may be identified by the board; (3) To approve and allocate state appropriations for designated pediatric training programs; (4) To approve and allocate any other state funds appropriated to the Georgia Board for Physician Workforce to carry out its purposes; (5) To coordinate and conduct with other state, federal, and private entities, as appropriate, activities to increase the number of graduating physicians who remain in Georgia to practice with an emphasis on medically underserved areas of the state; and (6) To carry out any other functions assigned to the board by general law. (1) Plan and coordinate state-wide medical education and physician workforce policy and issues; (2) Advise the Governor, General Assembly, and the Board of Regents of the University System of Georgia on the short-term and long-range projected requirements for physicians necessary to provide access to primary and specialty medical care in Georgia, policy and issues related to the education and characteristics of physicians in Georgia, and changing conditions that may threaten or negatively impact the achievement of physician workforce objectives;

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(3) Monitor and evaluate the supply and distribution of physicians in Georgia by specialty and geographic location; in order to carry out this responsibility, the board is authorized to conduct surveys of physicians licensed in Georgia; the Composite Board of Medical Examiners is directed to provide full cooperation and assistance to the board in the conduct of such physician surveys; (4) Define specific areas of the state in which unmet needs for physicians exist; (5) Establish, prioritize, and maintain current physician workforce objectives, taking into account current and projected changes in medicine and medical practice, changing conditions, and changing needs for medical care in Georgia; (6) Study and recommend options for financing medical education; (7) Designate teaching hospitals eligible to receive residency capitation funds as authorized by subsection (c) of Code Section 31-7-95 of the Official Code of Georgia Annotated for purposes of defining the list of teaching hospitals that qualify for the teaching hospital provisions of the states certificate of need regulations; (8) Approve and allocate state appropriations for medical education programs, except for appropriations made to the Medical College of Georgia through the Board of Regents of the University System of Georgia; (9) Approve and allocate any other state funds appropriated to the Georgia Board for Physician Workforce to carry out its purposes; (10) Coordinate and conduct with other state, federal, and private entities, as appropriate, other activities to increase the supply of physicians in medically underserved areas of Georgia and to meet other physician workforce objectives for Georgia; and (11) Carry out any other functions assigned to the board by general law."

SECTION 10. 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 Y Blitch Y Bowen
Brown Brush Bulloch

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

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

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

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 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 47, nays 1.

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

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.

Senate Sponsor: Senator Thomas of the 54th.

The Senate Health and Human Services Committee offered the following substitute to HB 372:
A BILL TO BE ENTITLED AN ACT

To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a county board of health and wellness to adopt rules and regulations that are not in conflict with the rules and regulations of the Department of Human Resources; 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 authoritys service area; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking paragraph (4) of subsection (c) of Code Section 31-3-2.1, relating to option for certain counties to create a board of health and wellness by ordinance, and inserting in its place the following:
"(4) The governing authority of the county shall be authorized to adopt a system of rules, regulations, and orders covering health and sanitation within the county, and such system of rules, regulations, and orders may be based on recommendations by the county board of health and wellness and shall not be in conflict with the rules and regulations of the department. Such rules, regulations, and orders when adopted shall be recorded on the minutes of the governing authority of such county, and a certified copy thereof shall be furnished to the department of health and wellness of such county and to the department;".
SECTION 2. Said title is further amended by striking paragraph (25) of Code Section 31-7-75, relating to functions and powers, and inserting in its place the following:
"(25) To provide financial assistance to individuals for the purpose of obtaining educational training in nursing or another health care field if such individuals are employed by, or are on an authorized leave of absence from, such authority or have committed to be employed by such authority upon completion of such educational training; to provide grants, scholarships, loans or other assistance to such individuals and to students and parents of students for programs of study in fields in which critical shortages exist in the authoritys service area, whether or not they are employees of the authority; to provide for the assumption, purchase, or cancellation of repayment of any loans, together with interest and charges thereon, made for educational purposes to students, postgraduate trainees, or the parents of such students or postgraduate trainees who have completed a program of study in a field in which critical shortages exist in the authoritys service area; and to provide services and financial assistance to private not for profit organizations in the form of grants and loans, with or without interest and secured or unsecured at the discretion of such authority, for any purpose related to the provision of health or medical services or related social services to citizens;".
SECTION 3. 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 #1:
Amend the Senate Health and Human Services Committee substitute to HB 372 by inserting on line 5 of page 1 after the word and symbol "area;" the following:
"to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to limit vicarious liability of a hospital or health care provider; to provide for definitions;"

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By inserting between lines 13 and 14 of page 2 the following:
"SECTION 2A. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new Code section following Code Section 51-2-4, relating to liability for torts of 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 license, 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) A hospital or health care provider shall not be vicariously liable for the actions of a physician engaged as an independent contractor unless there is an independent act of negligence and an actual employment relationship exists between the physician and hospital or health care provider.'"
On the adoption of the amendment, the yeas were 29, nays 0, and the Clay, Tanksley amendment #1 to the committee substitute was adopted.
Senators Clay of the 37th, Golden of the 8th, Price of the 56th and Thomas of the 54th offered the following amendment #2:
Amend the Senate Health and Human Services Committee substitute to HB 372 by inserting on line 5 of page 1 after the word and symbol "area;" the following:
"to provide limitations on liability for hospitals and health care providers who render emergency care to patients;".
By inserting between lines 13 and 14 of page 2 the following:
"SECTION 2A. Said title is further amended by adding after Article 4 of Chapter 11, relating to emergency services, a new Article 5 to read as follows:
'ARTICLE 5

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31-11-91. (a) As used in this article, the term:
(1) "Emergency department" means a department or area of a hospital that provides care for individuals with emergency medical conditions. (2) "Emergency medical condition" means a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in:
(A) Placing the health of the individual in serious jeopardy; (B) Serious impairment to bodily functions; or (C) Serious dysfunction of any bodily organ or part. (3) "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 such health care providers license, 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. (4) "Hospital" means a facility that has a valid permit or provisional permit issued by the department under Chapter 7 of Title 31 and that operates an emergency department that provides care or assistance to individuals who have an emergency medical condition. Such term shall also include any employee of such hospital who provides assistance to such individuals within the scope of his or her employment, whether or not such person is a health care provider. (5) "Noneconomic damages" means damages for physical and emotional pain, distress, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation, and all other nonpecuniary losses of any kind or nature. (b) No hospital or health care provider who renders medical care or treatment to a patient who presents to the hospital with an emergency medical condition at an unscheduled visit shall be liable for any noneconomic damages resulting from any act or omission in the rendering of such care or treatment. This limitation on noneconomic damages applies to care and treatment rendered in an emergency department until the patient is fully stabilized, but shall not apply to acts or omissions constituting gross negligence or willful or wanton misconduct. (c) The limitation on liability provided in subsection (b) of this Code section shall not apply to any act or omission in rendering care or assistance: (1) Unrelated to the original emergency medical condition; or (2) That occurs after 24 hours from the time the patient presents to the hospital with an emergency medical condition. (d) A hospital or health care provider shall not be vicariously liable for the actions of a physician engaged as an independent contractor unless there is an independent act of negligence and an actual employment relationship exists between the physician and hospital or health care provider.'"

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Senator Thompson of the 33rd requested a ruling of the Chair as to the germaneness of the Clay, et al. amendment #2 to the committee substitute.

Senator Clay of the 37th asked unanimous consent that his amendment #2 to the committee substitute be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Thompson of the 33rd withdrew his request for a ruling of the Chair as to the germaneness of amendment #2.

On the adoption of the substitute, the yeas were 29, 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 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 Y Henson Y Hill E 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
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 N Thomas,N
Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 3.

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, as amended, by the requisite constitutional majority the following Bill of the Senate:
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 President resumed the Chair.
The Calendar was resumed.
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.
Senate Sponsor: Senator Cagle of the 49th.
The Senate Finance Committee offered the following substitute to HB 43:
A BILL TO BE ENTITLED AN ACT
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 of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; to provide for an exemption with respect to sales of certain tangible personal property to, or used in the construction of, certain aquariums; to provide for conditions and limitations; 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. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by striking paragraph (75) and inserting in its place a new paragraph (75), to read as follows:
"(75)(A) The sale of any covered item. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on March 29, 2002, and concluding at 12:00 Midnight on March 30, 2002, and to a period commencing at 12:01 A.M. on August 2, 2002, and concluding at 12:00 Midnight on August 3, 2002 July 31, 2003, and concluding at 12:00 Midnight on August 3, 2003. (B) As used in this paragraph, the term 'covered item' shall mean:
(i) Articles of clothing and footwear with a sales price of $100.00 or less per article of clothing or pair of footwear, excluding accessories such as jewelry, handbags, umbrellas, items intended primarily for use as athletic or sporting gear, eyewear, watches, and watchbands; (ii) The first $1,500.00 of the sales price of a A single purchase, with a sales price $1,500.00 or less, of personal computers and personal computer related accessories purchased for noncommercial home or personal use, including personal computer base units and keyboards, personal digital assistants, handheld computers, monitors, other peripheral devices, modems for Internet and network access, and nonrecreational software, whether or not they are to be utilized in association with the personal computer base unit; provided, however, that such exemption shall be available only when such purchase includes the purchase of a personal computer base unit. For purposes of this paragraph, personal digital assistant devices shall not be considered personal computer base units but may be included in a single purchase which also includes a personal computer base unit. Computer and computer related accessories shall not include furniture and any systems, devices, software, or peripherals designed or intended primarily for recreational use; and (iii) Noncommercial purchases of general school supplies to be utilized in the classroom or in classroom related activities, such as homework, up to a sales price of $20.00 per item including pens, pencils, notebooks, paper, book bags, calculators, dictionaries, and thesauruses, and childrens books and books listed on approved school reading lists for pre-kindergarten through twelfth grade. (C) The exemption provided by this paragraph shall not apply to rentals, sales in a theme park, entertainment complex, public lodging establishment, restaurant, or airport or to purchases for trade, business, or resale. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph including but not be limited to a list of those articles and items qualifying for the exemption pursuant to this paragraph."

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SECTION 2. Said Code section is further amended by striking "or" at the end of paragraph (74), by striking the period at the end of paragraph (75) and inserting in its place "; or", and by adding a new paragraph immediately following paragraph (75) to be designated paragraph (76) to read as follows:
"(76) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the effective date of this paragraph until January 1, 2007, sales of tangible personal property to, or used in the construction of, an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code."
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.
Senator Cagle of the 49th offered the following amendment:
Amend the Senate Finance Committee substitute to HB 43 by inserting on line 2 of page 1 immediately following the words "to provide" the following:
"that the distribution of contact lenses by a manufacturer as free samples to licensed dispensers shall not be subject to the sales and use tax; to provide".
By redesignating Sections 2 through 4 as Sections 3 through 5, respectively.
By striking line 11 of page 1 and inserting in lieu thereof the following: "state sales and use tax, is amended by striking in its entirety paragraph (47) and inserting in lieu thereof the following: '(47) Sales of drugs dispensed by prescription and prescription eyeglasses and contact lenses including, without limitation, prescription contact lenses distributed by the manufacturer to licensed dispensers as free samples not intended for resale and labeled as such;' SECTION 2.
Said Code section is further amended by striking paragraph (75) and inserting in its place a new".
On the adoption of the amendment, the yeas were 37, nays 0, and the Cagle amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 34, nays 0, and the committee substitute was adopted as amended.

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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
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 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
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 by substitute.

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.

Senate Sponsor: Senator Smith of the 52nd.

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
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 E 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

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 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.

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.

Senate Sponsor: Senator Smith of the 52nd.

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; 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 VI, Section VI of the Constitution is amended by striking Paragraph IV and inserting in lieu thereof a new Paragraph IV to read as follows:
"Paragraph IV. Jurisdiction over questions of law from state appellate or federal district or appellate courts. The Supreme Court shall have jurisdiction and authority to answer any question of law from any state appellate or federal district or appellate court."
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 provide that the Supreme Court shall have jurisdiction and authority to answer questions of law
( ) NO from any state appellate or federal district or appellate court?"

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.

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
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 Y Henson Y Hill E 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 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

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Y Hall Y Hamrick

Reed Y Seabaugh

Y Zamarripa

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

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.

Senate Sponsor: Senator Stephens of the 51st.

The Senate Ethics Committee offered the following substitute to HB 771:

A BILL TO BE ENTITLED AN ACT

To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, and Title 45 of the Official Code of Georgia Annotated, relating to public officers, so as to provide for the comprehensive revision of provisions regarding ethics and conflicts of interest; to substantially revise and change general provisions with respect to the foregoing; to substantially revise and change the powers, duties, and authority of the State Ethics Commission; to substantially revise and change provisions regarding campaign contributions; to substantially revise and change provisions regarding contributions to candidates for public office; to substantially revise and change provisions regarding financial disclosure statements; to substantially revise and change provisions regarding public officials conduct and lobbyist disclosure; 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

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Pardons and Paroles by members of the General Assembly or state elected or appointed officials; 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 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 for restrictions with respect to gifts and honoraria; to provide for restrictions with respect to campaign contributors; to provide for additional eligibility requirements regarding certain public offices; to change certain provisions regarding complaints or information regarding fraud, waste, or abuse in state programs and operations; to provide for restrictions on the Governors appointment power under certain circumstances; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by

striking Chapter 5, relating to ethics in government, and inserting in its place a new

Chapter 5 to read as follows:

"CHAPTER 5

ARTICLE 1

21-5-1.

This chapter shall be known as and may be cited as the 'Ethics in Government Act.'

21-5-2. It is declared to be the policy of this state, in furtherance of its responsibility to protect the integrity of the democratic process and to ensure fair elections for constitutional offices; state offices; district attorneys; members of the Georgia House of Representatives and Georgia Senate; all constitutional judicial officers; and all county and municipal elected officials, to institute and establish a requirement of public disclosure of campaign contributions and expenditures relative to the seeking of such offices, to the recall of public officers holding elective office, and to 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. Further, it is the policy of this state that the states public affairs will be best served by disclosures of significant private interests of public officers and officials which may influence the discharge of their public duties and responsibilities. The General Assembly further finds that it is for the public to determine whether significant private interests of public officers have influenced the states public officers

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to the detriment of their public duties and responsibilities and, in order to make that determination and hold the public officers accountable, the public must have access to the disclosure of the significant private interests of the public officers of this state.
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 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

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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 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.

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(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) 'Ordinary and necessary expenses' shall include, but is not limited to, reasonable expenditures made during the reporting period for office costs and rent, lodging, equipment, travel, advertising, postage, staff salaries, consultants, files storage, polling, special events, volunteers, reimbursements to volunteers, contributions to nonprofit organizations, and flowers for special occasions, which shall include, but are not limited to, birthdays and funerals, and any other expenditure that is deemed appropriate for the purposes of Code Section 21-5-33. (17) ' Net fair market' value means the fair market value of property less any indebtedness thereon. (14)(18) 'Person' means an individual, partnership, committee, association, corporation, limited liability corporation, limited liability partnership, trust, labor organization, or any other organization or group of persons. (14.1)(19) '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)(20) '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)(21) '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.
21-5-4. (a) Those members serving on the State Campaign and Financial Disclosure Commission prior to March 1, 1987, shall serve for a term of office which expires March 1, 1987. (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 members shall take office on March 2, 1987. 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 Commission serving on March 1, 1987, shall be eligible for appointment as initial 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;

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(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. (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.
21-5-5. The funds necessary to carry out this chapter shall come from the funds appropriated to and available to the State Ethics Commission and from any other available funds. The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'; provided, however, the commission shall be assigned for administrative purposes only to the Secretary of State.
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

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of the purposes of this chapter and Part 2 of Article 1 and Part 1 of Article 2 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 Part 2 of Article 1 and Part 1 of Article 2 of Chapter 10 of Title 45; (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; (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

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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 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 and Part 1 of Article 2 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.

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(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 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 and Part 1 of Article 2 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.

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21-5-6.1. (a) The State Ethics Commission shall have the same powers and duties with respect to Part 2 of Article 1 and Part 1 of Article 2 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 and Part 1 of Article 2 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 and Part 1 of Article 2 of Chapter 10 of Title 45 in the same general manner as provided in this chapter.
21-5-7. (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 by hand delivery or statutory overnight delivery or mailed by certified mail, return receipt requested, 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 days to correct the alleged technical defect. During such ten-day period the complaint shall be considered as received by the commission but not yet filed with the commission. If during such ten-day period the alleged technical violation is cured by an amended filing or otherwise, or if during such ten-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.
21-5-7.1. The commission shall adopt rules which shall provide that:

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(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 issued a notice of an alleged technical defect by certified mail, return receipt requested, and shall be given a period of 30 calendar days from the receipt of the notice to correct the alleged technical defect. During the 30 day period the complaint shall be considered as received by the commission but not yet filed with the commission and shall not be considered a violation of this chapter. If during the 30 day period the alleged technical violation is cured by an amended filing or otherwise or if during the 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. If the subject of the complaint fails to respond to the notice of an alleged technical defect, make an amended filing, or demonstrate that there is no technical violation as alleged by the thirty-first day, the commission shall impose and collect an administrative fee not to exceed $50.00 per technical defect. If the subject of the complaint does not pay the administrative fee, if any, and does not otherwise also comply with this paragraph by the sixtieth day from the receipt of the notice of an alleged technical defect, the commission shall conduct further investigation and the complaint may proceed further in accordance with the provisions of this chapter.
21-5-8. Venue for prosecution of civil violations of this chapter or for any other action by or on behalf of the commission shall be in the county of the residence of the candidate or public officer at the time of the alleged violation or action.
21-5-9. Except as otherwise provided in this chapter, any person who knowingly fails to comply with or who knowingly violates this chapter shall be guilty of a misdemeanor.
21-5-10. The provisions of this chapter, so far as they are the same as those of existing laws, are intended as a continuation of such laws and not as new enactments. The repeal by this chapter of any Act of the General Assembly, or part thereof, shall not revive any Act, or part thereof, heretofore repealed or superseded. This chapter shall not affect any act done, liability or penalty incurred, or right accrued or vested prior to the taking effect of this chapter; nor shall this chapter affect any actions or prosecution then pending, or to be instituted, to enforce any right or penalty then accrued or to punish any offense theretofore committed.

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21-5-11. (a) No public officer other than a public officer elected state wide shall accept a monetary fee or honorarium in excess of $101.00 for a speaking engagement, participation in a seminar, discussion panel, or other activity which directly relates to the official duties of that public officer or the office of that public officer. (b) No public officer elected state wide shall accept any monetary fee or honorarium for a speaking engagement, participation in a seminar, discussion panel, or other such activity. (c) For purposes of this chapter, actual and reasonable expenses for food, beverages, travel, lodging, and registration for a meeting which are provided to permit participation in a panel or speaking engagement at the meeting shall not be monetary fees or honoraria.
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.
ARTICLE 2 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

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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) (18) 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 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.

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(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.
21-5-30.1. (a) Except as otherwise provided in this subsection, the definitions set forth in Code Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this Code section, the term:
(1) 'Campaign committee' means the candidate, person, or committee which accepts contributions to bring about the nomination for election or election of an individual to the office of an elected executive officer. (2) '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 an individual to the office of an elected executive officer or encouraging the holder of such office to seek reelection. The term 'contribution' shall include the payment of a qualifying fee for and on behalf of a candidate for the office of an elected executive officer and any other payment or purchase made for and on behalf of the holder of the office of an elected executive officer or for or on behalf of a candidate for that office when such payment or purchase is made for the purpose of influencing the nomination for election or election of the candidate and is made pursuant to the request or authority of the holder of such office, the candidate, the campaign committee of the candidate, or any other agent of the holder of such office or the candidate. The term 'contribution' shall not include the value of personal services performed by persons who serve on a voluntary basis without compensation from any source. (3) 'Elected executive officer' means the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor. (4) 'Political action committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 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 campaign committees of candidates for public office. Such term does not mean a campaign committee. (5) 'Regulated entity' means any person who is required by law to be licensed by an elected executive officer or a board under the jurisdiction of an elected executive officer, any person who leases property owned by or for a state department, or any person who engages in a business or profession which is regulated by an elected executive officer or by a board under the jurisdiction of an elected executive officer.

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(b) No regulated entity and no person or political action committee acting on behalf of a regulated entity shall make a contribution to or on behalf of a person holding office as an elected executive officer regulating such entity or to or on behalf of a candidate for the office of an elected executive officer regulating such entity or to or on behalf of a campaign committee of any such candidate. (c) No person holding office as an elected executive officer and no candidate for the office of an elected executive officer and no campaign committee of a candidate for the office of an elected executive officer shall accept a contribution in violation of subsection (b) of this Code section. (d) Nothing contained in this Code section shall be construed to prevent any person who may be employed by a regulated entity, including a person in whose name a license or lease is held, from voluntarily making a campaign contribution from that persons personal funds to or on behalf of a person holding office as an elected executive officer regulating such entity or to or on behalf of a candidate for the office of an elected executive officer regulating such entity or to or on behalf of a campaign committee of any such candidate. It shall be unlawful and a violation of this Code section for any regulated entity or other person to require another by coercive action to make any such contribution.
21-5-30.2. (a) Except as otherwise provided in this subsection, the definitions set forth in Code Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this Code section, the term:
(1) 'Agency' means: (A) Every state department, agency, board, bureau, commission, and authority; (B) Every county, municipal corporation, school district, or other political subdivision of this state; (C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of this state; and (D) Every city, county, regional, or other authority established pursuant to the laws of this state.
(2) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money, or anything of value conveyed or transferred by or on behalf of an agency, without receipt of payment therefor, to any campaign committee, political action committee, or political organization or to any candidate for campaign purposes. (3) 'Elector' means any person who shall possess all of the qualifications for voting now or hereafter prescribed by the laws of this state and who shall have registered in accordance with Chapter 2 or 3 of this title. (4) 'Political action committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 during a calendar year from persons who are

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members or supporters of the committee and which distributes these funds as contributions to one or more campaign committees of candidates for public office. Such term does not mean a campaign committee. (5) 'Political organization' means an affiliation of electors organized for the purpose of influencing or controlling the policies and conduct of government through the nomination of candidates for public office and, if possible, the election of its candidates to public office. (6) 'Public meeting place' means any county, municipal, or other public building suitable and ordinarily used for public gatherings. (b) No agency and no person acting on behalf of an agency shall make, directly or indirectly, any contribution to any campaign committee, political action committee, or political organization or to any candidate; but nothing in this Code section shall prohibit the furnishing of office space, facilities, equipment, goods, or services to a public officer for use by the public officer in such officers fulfillment of such office. (c) No campaign committee, political action committee, or political organization or candidate shall accept a contribution in violation of subsection (b) of this Code section. (d) Nothing contained in this Code section shall be construed to: (1) Affect the authority of the State Personnel Board regarding the regulation of certain political activities of public employees in the classified service of the state merit system; (2) Affect the authority of any agency regarding the regulation of the political activities of such agencys employees; (3) Affect the use of the capitol building and grounds as specified in Code Section 50-16-4; or (4) Prohibit the use of public meeting places by political organizations when such meeting places are made available to different political organizations on an equal basis; provided, however, this paragraph shall not be construed to create a right for a political organization to use a public meeting place.
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.
21-5-32. (a) The candidate or treasurer of each campaign committee shall keep detailed accounts, current within not more than five business days after the date of receiving a contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or committee. The candidate or treasurer shall also keep detailed accounts of all deposits and of all withdrawals made to the separate campaign depository and of all interest earned on any such deposits. (b) Accounts kept by the candidate or treasurer of a campaign committee pursuant to this Code section may be inspected under reasonable circumstances before, during, or after the election to which the accounts refer by any authorized representative of the commission. The right of inspection may be enforced by appropriate writ issued by any court of competent jurisdiction. (c) Records of such accounts kept by the candidate or campaign committee shall be preserved for three years from the termination date of the campaign for elective office conducted by the candidate or of the campaign committee for any candidate or for three years from the election to bring about the approval or rejection by the voters of any proposed constitutional amendment, referendum, or local issue or of any recall vote.
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.
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. (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:

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(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 of such person 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; (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

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(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; (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.

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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 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

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$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 (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

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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. (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.

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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. (g) The commission is authorized to promulgate rules and regulations to implement this Code section.
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:

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(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.
21-5-36. (a) It shall be the duty of the filing officer to make the campaign contribution disclosure reports available for public inspection and copying during regular office hours commencing as soon as practicable after such filing. Such filing officer shall have the authority to charge a fee for copying such reports not to exceed the actual cost of such copying. The filing officer shall preserve such reports for a period of five years from the date upon which they are received. A filing officer shall notify the commission in writing of:
(1) The names of all candidates and offices sought in a special election, when held at a time other than election dates scheduled by law or charter, within ten days of the close of the qualification period; and (2) Within ten days after the date a report is due, the names and addresses of candidates or campaign committees which have not filed required campaign disclosure reports as required by law in the election in question. A filing officer shall immediately notify the commission when such officer shall receive any complaint against any candidate offering for any office specified in Code Section 21-5-2 or against any campaign committee and shall forward the complaint to the commission and shall retain a copy of the complaint. In the event any complaint is against a county or municipal candidate, a copy of the reports filed by such candidate shall be forwarded to the commission along with the complaint. (b) The commission or filing officer receiving original reports has the duty to inspect each report filed with such commission or officer by candidates or by a campaign committee for conformity with the law and to notify the candidate or campaign committee immediately if the report does not conform with the law, is unsigned, or is otherwise in technical violation of filing requirements.
ARTICLE 2A 21-5-40. As used in this article, the term:
(1) '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

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sister corporation; by common ownership or control; or by control of one corporation by the other. (3) 'Corporation' means any business or nonprofit corporation organized under the laws of this state, any other state, or the United States. (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) '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) 'Person' means an individual. (6) '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) or any other group of persons or entities which makes a contribution; or (B) any separate segregated fund. (6.1) '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) 'Public office' means the office of each elected public officer as specified in paragraph (15) (21) of Code Section 21-5-3. (7) 'Separate segregated fund' means a fund which is established, administered, and used for political purposes by a corporation, labor organization, membership organization, or cooperative and to which the corporation, labor organization, membership organization, or cooperative solicits contributions.
21-5-41. (a)(1) No person, corporation, 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, 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.

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(b)(1) No corporation 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. (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.

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(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' 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.

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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, 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, 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:
(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.
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

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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. (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)(h) 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.'
ARTICLE 3 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

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subparagraphs (A) through (E) of paragraph (15) (21) 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) (21) 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. (2) Each public officer, as defined in subparagraph (F) of paragraph (15) (21) 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) (21) 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) (21) 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) (21) 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:

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(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; (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,

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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 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:

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(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 (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. (6) It shall be the duty of the commission or any other officer or body which receives for filing any disclosure report or statement or other document required to be filed under this chapter to maintain with the filed document a copy of the postal markings or statutory overnight delivery service markings of any envelope, package, or wrapping in which the document was delivered for filing if mailed or sent after the date such filing was due. (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.
21-5-51. The financial disclosure statements required under this article shall be verified by oath or affirmation of the public officer filing the statement, such oath or affirmation to be taken before an officer authorized to administer oaths.
21-5-52. Depositing of a properly addressed financial disclosure statement in the United States mails with adequate postage affixed shall constitute filing on the date of mailing.
21-5-53. Financial disclosure statements filed pursuant to this article shall be public records and shall be subject to inspection and copying by any member of the public as provided by law for other public records. Within ten days after the date financial disclosure

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statements are due, the filing officer shall notify the commission in writing of the names and addresses of candidates or public officers who have not filed financial disclosure statements as required by this article.
ARTICLE 4 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 (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.

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(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 of the executive branch or judicial branch of state government engages in any activity covered under subparagraph (A) of this paragraph; (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) (21) 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) (21) 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.; or (G) Any natural person who, for compensation, either individually or as an employee of another person undertakes to influence a public officer or public body in the selection of a vendor to supply any goods or services to any state agency but does not include a person solely on the basis that such person participates in preparing a written bid, written proposal, or other document relating to a potential sale to a state agency.

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(7) 'Public officer' means those public officers specified under subparagraphs (A) through (G) of paragraph (15) (21) of Code Section 21-5-3, as amended, except as otherwise provided in this article and also includes any public officer or employee who has any discretionary authority over, or is a member of a public body which has any discretionary authority over, the selection of a vendor to supply any goods or services to any state agency. (8) 'State agency' means any branch of state government, agency, authority, department, board, bureau, commission, council, corporation, entity, or instrumentality of the state but does not include a local political subdivision, such as a county, city, or local school district or an instrumentality of such a local political subdivision. (9) 'Vendor' means any person who sells to or contracts with a state agency.
21-5-71. (a) No person shall engage in lobbying as defined by this article unless such person is registered with the State Ethics Commission as a lobbyist. The administration of this article is vested in the State Ethics Commission. The State Ethics Commission shall be the successor to the Secretary of State with respect to such officers former regulation of registered agents. (b) Each lobbyist shall file an application for registration with the commission. The application shall be verified by the applicant and shall contain:
(1) The applicants name, address, and telephone number; (2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf; (3) A statement of the general business or purpose of each person, firm, corporation, association, or agency the applicant represents; (4) If the applicant represents a membership group other than an agency or corporation, the general purpose and approximate number of members of the organization; and (5) A statement signed by the person or agency employing, appointing, or authorizing the applicant to lobby on its behalf.21-5-73.; and (6) If the applicant is a lobbyist within the meaning of subparagraph (G) of paragraph (6) of Code Section 21-5-70, the name of the state agency or agencies before which the applicant engages in lobbying. (c) The lobbyist shall, within seven days of any substantial or material change or addition, file a supplemental registration indicating such substantial or material change or addition to the registration prior to its expiration. Previously filed information may be incorporated by reference. Substantial or material changes or additions shall include, but are not limited to, the pertinent information concerning changes or additions to client and employment information required by paragraphs (2), (3), and (4) of subsection (b) of this Code section. (d) Each registration under this Code section shall expire on December 31 of each year. The commission may establish renewal procedures for those applicants desiring

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continuous registrations. Previously filed information may be incorporated by reference. (e) The commission shall provide a suitable public docket for registration under this Code section with appropriate indices and shall enter promptly therein the names of the lobbyists and the organizations they represent.
(f)(1) Each person registering under this Code section shall pay the registration fees set forth in paragraph (2) of this subsection; provided, however, that a person who represents any state, county, municipal, or public agency, department, commission, or authority shall be exempted from payment of such registration fees and a person employed by an organization exempt from federal income taxation under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2, shall be exempted from payment of such registration fees except for payment of an initial registration fee of $25.00. (2) The commission shall collect the following fees:
(A) Annual lobbyist registration filed pursuant to this Code section........... $200.00
(B) Lobbyist supplemental registration filed pursuant to this Code section 10.00
(C) Each lobbyist identification card issued pursuant to this Code section 5.00
(D) In addition to other penalties provided under this chapter, a filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed.
(g) As soon as practicable after registering any such person, the commission shall issue to such person an identification card which shall have printed thereon the name of the lobbyist and the person or agency such lobbyist represents, provided that, when any such person represents more than one entity, such identification card shall have printed thereon the name of the registered person and the word 'LOBBYIST.' Each lobbyist while engaged in lobbying at the capitol or in a government facility shall display said identification in a readily visible manner. (h) The commission shall regularly publish public rosters of lobbyists along with the respective persons, firms, corporations, associations, agencies, or governmental entities they represent. During sessions of the General Assembly, the commission shall weekly report to the Clerk of the House of Representatives, the Secretary of the Senate, and the Governor those persons who have registered as lobbyists since the convening of the General Assembly. The commission shall be authorized to charge a reasonable fee for providing copies of the roster to the public. (i) The registration provisions of this Code section shall not apply to:
(1) Any individual who expresses personal views, on that individuals own behalf, to any public officer;

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(2) Any person who appears before a public agency or governmental entity committee or hearing for the purpose of giving testimony when such person is not otherwise required to comply with the registration provisions of this Code section; (3) Any public employee of an agency appearing before a governmental entity committee or hearing at the request of the governmental entity or any person who furnishes information upon the specific request of a governmental entity; (4) Any licensed attorney appearing on behalf of a client in any adversarial proceeding before an agency of this state; (5) Any person employed or appointed by a lobbyist registered pursuant to this Code section whose duties and activities do not include lobbying; (6) Elected public officers performing the official duties of their public office; and (7) A public employee who performs services at the direction of a member of the General Assembly including, but not limited to, drafting petitions, bills, or resolutions; attending the taking of testimony; collating facts; preparing arguments and memorials and submitting them orally or in writing to a committee or member of the General Assembly; and other services of like character intended to reach the reason of the legislators.
21-5-72. (a) In addition to other penalties provided in this article, the commission may by order deny, suspend, or revoke for a period not to exceed one year the registration of a lobbyist if it finds that the lobbyist:
(1) Has filed an application for registration with the commission which was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact; (2) Has willfully violated or willfully failed to comply with this article or a rule promulgated by the commission under this article; (3) Has failed to comply with the reporting requirements of this article; or (4) Has engaged in lobbying practices in violation of this article. (b) Application may be made to the commission for reinstatement. Such reinstatement shall be conducted in the same manner as required for an initial registration under this article and shall be conditioned upon payment of the same registration fees applicable to an initial registration and also any outstanding penalty fees. (c) Any person failing to comply with or violating any of the provisions of this article shall be subject to a civil penalty not to exceed $2,000.00 per violation.
21-5-73. (a) Each lobbyist registered under this article shall file disclosure reports as provided for in this Code section. (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

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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 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, or employer 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 (G) of paragraph (6) of Code Section 21-5-70, the name of any vendor or vendors for which the lobbyist undertook to influence the awarding of a contract or contracts by any state agency together with a description of the contract or contracts and the monetary amount of the contract or contracts.

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(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 public employees. Compliance with this Code section shall not excuse noncompliance with that Code section, and compliance with that Code section shall not excuse 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.
21-5-74. A lobbyist shall not be eligible for legislative or executive appointment to any board, commission, or bureau created and established by the laws of this state which regulates the activities of a business, firm, corporation, or agency that the lobbyist represented until one year after the expiration of the lobbyists registration."
SECTION 2. 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 (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 3. 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:

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"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 4. 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, judicial, or legislative 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

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Personnel Administration and any local or regional governmental entity that receives any funds from the State of Georgia or any state agency. (2)(4) 'Public employer' means the executive, judicial, or legislative branch of the state and or 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 or any local or regional governmental entity that receives any funds from the State of Georgia or any state agency. (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 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

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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:
(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. (g) Nothing in this Code section shall apply to institutions or facilities permitted or licensed under Title 31."
SECTION 5. Said title is further amended by striking Article 1 of Chapter 10, 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:

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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. 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. XXIII. 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.

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(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.
45-10-3. Notwithstanding any provisions of law to the contrary, each member of all boards, commissions, and authorities created by general statute shall:
(1) Uphold the Constitution, laws, and regulations of the United States, the State of Georgia, and all governments therein and never be a party to their evasion; (2) Never discriminate by the dispensing of special favors or privileges to anyone, whether or not for remuneration; (3) Not engage in any business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of his governmental duties; (4) Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit; (5) Expose corruption wherever discovered; (6) Never solicit, accept, or agree to accept gifts, loans, gratuities, discounts, favors, hospitality, or services from any person, association, or corporation under circumstances from which it could reasonably be inferred that a major purpose of the donor is to influence the performance of the members official duties; (8) Never engage in other conduct which is unbecoming to a member or which constitutes a breach of public trust; and 45-10-4. Upon formal charges being filed with the Governor relative to a violation of Code Section 45-10-3 on the part of a member of any such board, commission, or authority, the Governor or his 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.
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,

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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 $25.00 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 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, unique to the public office, in the subject matter of such matter or in the outcome of such official action.
45-10-5 45-10-8. No member of any board, commission, or authority created by general statute shall enact any rules or regulations or publicize such as being general laws and such rules and regulations shall in no way have the effect of law. 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. The presiding officer shall determine the extent to which, if any, the public officer will be permitted to participate. If the affected

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public officer is the person presiding, then the vice chairperson or such other substitute presiding officer shall make the determination.
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.
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

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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 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

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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 (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:

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(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; (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) 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 6. Said title is amended further 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 45-1261, 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

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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 7. This Act shall become effective on July 1, 2003.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Meyer von Bremen of the 12th offered the following amendment #1:
Amend the Senate Ethics Committee substitute to HB 771 by inserting between "disclosure;" and "to" on line 11 of page 1 the following:
"to provide for actions for slander and libel and the commissions authority over such activity;".
By inserting immediately following line 33 of page 47 the following:
"SECTION 1A. Said title is further amended by adding a new article at the end of Chapter 5 to read as follows:
'ARTICLE 5 21-5-85. (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 yeas were 30, nays 0, and the Meyer von Bremen amendment #1 to the committee substitute was adopted.
Senator Meyer von Bremen of the 12th offered the following amendment #2:
Amend the Senate Ethics Committee substitute to HB 771 by striking lines 16 through 21 of page 38 inserting in their place the following:

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"(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 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 29, nays 0, and the Meyer von Bremen amendment #2 to the committee substitute was adopted.
Senators Hooks of the 14th, Reed of the 35th, Lee of the 29th, Stephens of the 51st, Brown of the 26th and Golden of the 8th offered the following amendment #3:
Amend the Senate Ethics Committee substitute to HB 771 by striking "opinion;" on line 6 of page 10 and inserting in its place the following:
"opinion. No opinion shall include the name of the person who is seeking the opinion. The opinion expressed shall only apply prospectively to the subject matter. Advisory opinions may only be requested by and shall only be issued to those persons or entities, or their representatives, whose actions are regulated by the Ethics Commission;"
On the adoption of the amendment, the yeas were 39, nays 0, and the Hooks, et al. amendment # 3 to the committee substitute was adopted.
Senators Hooks of the 14th, Henson of the 41st, Lee of the 29th, Brown of the 26th and Golden of the 8th offered the following amendment #4:
Amend the Senate Ethics Committee substitute to HB 771 by inserting between "disclosure;" and "to" on line 11 of page 1 the following: "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 immediately following line 33 of page 47 the following:
"SECTION 1A. Said title is further amended by adding a new article to the end of Chapter 5 to read as follows:
'ARTICLE 5

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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.

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

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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, the yeas were 30, nays 0, and the Hooks, et al. amendment #4 to the committee substitute was adopted.
Senators Meyer von Bremen of the 12th and Brown of the 26th offered the following amendment #5:
Amend the Senate Ethics Committee substitute to HB 771 by striking line 19 of page 37 through line 18 of page 40 and inserting in their place the following:
(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 fro 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; (4)(5) 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, complete address and specific location, and general location therein where the property is located description of property; (6) The filers occupation, employer, and the principal activity and address of such employer;

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(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 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, pioeline 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, asociations of public employees or public officials, and counties; (5)(6) 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) 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.
On the adoption of the amendment, the yeas were 34, nays 0, and the Meyer von Bremen, Brown amendment #5 to the committee substitute was adopted.
Senator Brown of the 26th offered the following amendment #6:
Amend the Senate Ethics Committee substitute to HB 771 by inserting immediately preceding "to" on line 28 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;"

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By inserting between lines 2 and 3 of page 60 the following:
"SECTION 5A. Said title 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 29, nays 0, and the Brown amendment #6 to the committee substitute was adopted.
Senator Zamarripa of the 36th offered the following amendment #7:
Amend the Senate Ethics Committee substitute to HB 771 by inserting between "$20,000.00." and "As" on line 37 of page 37 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 knowledge of facts which would put a reasonable and prudent person on notice of such ownership interest."

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On the adoption of the amendment, the yeas were 41, nays 1, and the Zamarripa amendment #7 to the committee substitute was adopted.
Senator Adelman of the 42nd offered the following amendment #8:
Amend the Senate Ethics Committee substitute to HB 771 by striking lines 10 through 15 of page 60 and inserting in lieu thereof the following:
"(b) No person shall be eligible for appointment to fill a vacancy on any board, council, commission, or authority or on the Supreme Court, the Court of Appeals, the superior courts, or the 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 36, nays 0, and the Adelman amendment #8 to the committee substitute was adopted.
Senator Thompson of the 33rd offered the following amendment #9:
Amend the Senate Ethics Committee substitute to HB 771 by inserting on line 9 of page 1 immediately following the word and symbol "office;" the following:
"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;".
By striking line 26 of page 20 and inserting in lieu thereof the following: "(B) Except as otherwise provided in subparagraph (D)(E) of this paragraph, for transferral".
By striking line 31 of page 20 and inserting in lieu thereof the following: "(D) For transferral without limitation to the state or a political subdivision of the state to defray all or part of the cost of holding an election to fill the elective office which such candidate sought or public officer holds or held; (D)(E) For use in future campaigns for only that elective office for which those".
By striking line 5 of page 21 and inserting in lieu thereof the following: "(E)(F) For repayment of any prior campaign obligations incurred as a candidate."
On the adoption of the amendment, the yeas were 36, nays 1, and the Thompson amendment #9 to the committee substitute was adopted.
Senator Thompson of the 33rd offered the following amendment #10:

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Amend the Senate Ethics Committee substitute to HB 771 by striking lines 18 through 24
of page 19 and inserting in their place the following: "(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
have 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 37, nays 0, and the Thompson amendment #10 to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 33, 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
Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp
Henson Y Hill E 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
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.

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The bill, having received the requisite constitutional majority, was passed by substitute.
The following resolution was taken up to consider House action thereto:
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 House substitute was as follows:
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, Chatham, Cherokee, Clarke, Crisp, Floyd, Forsyth, Glynn, Habersham, Hall, Jasper, McDuffie, McIntosh, Morgan, Randolph, and Screven Counties, Georgia, and Hamilton County, Tennessee; authorizing the conveyance of certain property located in Chatham County, Colquit County, Paulding County, and White County; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Baldwin, Bibb, Chatham, Cherokee, Clarke, Crisp, Floyd, Forsyth, Glynn, Habersham, Hall, Jasper, McDuffie, McIntosh, Morgan, Randolph, and Screven Counties, Georgia, and Hamilton County, Tennessee; and
WHEREAS, Baldwin County, SED-Gray, LLC, Athens-Clarke County, the City of Cordele, the Atlanta Gas Light Company, Forsyth County, the City of Alto, the City of Gainesville, the Municipal Electric Authority of Georgia, the City of Thomson, Georgia Power Company, Siguard Kviten, the Tennessee Department of Transportation, the Tennessee Valley Authority, the City of Canton, Cherokee County, the City of Cuthbert, Screven County, and the Georgia Ports Authority desire to operate and maintain facilities, utilities, and ingress and egress, in, on, over, under, upon, across, or through a portion of said property; and
WHEREAS, these facilities, utilities, and ingress and egress, in, on, over, under, upon, across, or through the above-described state property have been requested and/or

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approved by the Georgian Forestry Commission, Department of Defense, Department of Natural Resources, Department of Juvenile Justice, Department of Human Resources, Department of Technical and Adult Education, Department of Corrections, Department of Motor Vehicles, and the State Properties Commission with respect to property under the jurisdiction of their respective departments; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Chatham County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in the 6th GMD of Chatham County, Georgia, as shown on sheets 15 and 72 of Chatham County/Georgia DOT Right of Way Plan, Project STP-4001(7) containing 0.265 of one acre to be acquired and 0.03 of one acre in easement rights and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Bureau of Investigation and is a portion of the Savannah Crime Lab; (4) Chatham County is desirous of acquiring the above-described property in order to widen and improve Middleground Road and Mohawk Road; (5) The Georgia Bureau of Investigation has no objection to the conveyance of the above-described property and property interest to Chatham County for the purpose of making road improvements; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Colquitt County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 246 of the 8th Land District of Colquitt County, Georgia, as shown on a plat of survey entitled "Doc Darbyshire Road Co. Rd. #239" dated May 19, 2002, and prepared by Jerry S. Lindsey, Georgia Registered Land Surveyor #2626 containing 1.31 acres and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Technical and Adult Education and is a portion of Moultrie Technical College; (4) Colquitt County is desirous of acquiring the above-described property in order to widen and improve Doc Darbyshire Road; (5) The Department of Technical and Adult Education has no objection to the conveyance of the above-described property to Colquitt County for the purpose of making road improvements; and
WHEREAS:

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(1) The State of Georgia is the owner of certain parcels of real property located in Paulding County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 1249 of the 3rd Land District 3rd Section of Paulding County, Georgia, as shown on a plat of survey entitled "New Hope First Baptist Church" dated February 26, 2003, and prepared by Cecil R. Kelly, Georgia Registered Land Surveyor #2011 containing 0.402 of one acre and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Natural Resources and is a portion of the Picketts Mill State Historic Site, New Hope Marker; (4) New Hope First Baptist Church adjoins the above mentioned historic site and is desirous of acquiring a portion of the site for use as a portion of their parking lot; (5) The Department of Natural Resources has no objection to the conveyance of the above-described property to New Hope First Baptist Church for the above stated purpose; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in White County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 162 of the 3rd Land District of White County, Georgia, as shown on a White County Tax Plat #24 and containing approximately 5 acres and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Human Resources and is a portion of the White County Outdoor Therapeutic Center; (4) The above-described property is not contiguous to the White County Outdoor Therapeutic Center and is separated by Loudsville Road; (5) The adjoining property owners John Tarpley Head, Jr., and Tim Ravan have expressed an interest in acquiring the above-described property; (6) The Department of Human Resources has no objection to the conveyance of the above-described property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I SECTION 1.
That the State of Georgia is the owner of the hereinafter described real property in Baldwin County, and the property is in the custody of the Georgia Forestry Commission,

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hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.
That the State of Georgia, acting by and through its State Properties Commission, may grant to Baldwin County, or its successors and assigns, a nonexclusive easement for the operation and maintenance of a water line in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting, and operating a water line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 320th GMD of Baldwin County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown in yellow on a drawing dated December 13, 2001, prepared by Ingram & Watkins, LLC Consulting Engineers and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 3.
That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said water sewer line.
SECTION 4.
That Baldwin County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said water line.
SECTION 5.
That, after Baldwin County has put into use the water line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Baldwin County, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the utility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 6.

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That no title shall be conveyed to Baldwin County and, except as herein specifically granted to Baldwin County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Baldwin County.
SECTION 7.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Baldwin County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Baldwin County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 8.
That the easement granted to Baldwin County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 9.
That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 10.
That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 11.
That the authorization in this resolution to grant the above-described easement to Baldwin County shall expire three years after the date that this resolution becomes effective.
SECTION 11A.
This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 12.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE II SECTION 13.
That the State of Georgia is the owner of the hereinafter described real property in Clarke County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 14.
That the State of Georgia, acting by and through its State Properties Commission, may grant to Athens/Clarke County, or its successors and assigns, a nonexclusive easement for the operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 216th GMD of Clarke County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown in yellow on a plat of survey dated February 3, 1999, prepared by J. R. Holland, Georgia Registered Land Surveyor # 1087 the and on file in the offices of the State Properties Commission,'

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and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 15.
That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.
SECTION 16.
That Athens/Clarke County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said sanitary sewer line.
SECTION 17.
That, after the Athens/Clarke County has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Athens/Clarke County, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the utility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 18.
That no title shall be conveyed to Athens/Clarke County and, except as herein specifically granted to Athens/Clarke County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Athens/Clarke County.
SECTION 19.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Athens/Clarke County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and

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approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Athens/Clarke County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 20.
That the easement granted to Athens/Clarke County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 21.
That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 22.
That this grant of easement shall be recorded by the grantee in the Superior Court of Clarke County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 23.
That the authorization in this resolution to grant the above-described easement to Athens/Clarke County shall expire three years after the date that this resolution becomes effective.
SECTION 23A.
This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 24.
That the State Properties Commission is authorized and empowered to do all acts and

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things necessary and proper to effect the grant of the easement area.
ARTICLE III SECTION 25.
That the State of Georgia is the owner of the hereinafter described real property in Crisp County, and the property is in the custody of the Department of Juvenile Justice hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 26.
That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Cordele, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer manhole in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer manhole together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 228 of the 10th Land District of Crisp County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow on a drawing prepared by Keck and Wood, Inc., dated February 12, 2002 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 27.
That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer manhole.
SECTION 28.
That the City of Cordele shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer manhole.
SECTION 29.
That, after the City of Cordele has put into use the sanitary sewer manhole for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion

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to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Cordele, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 30.
That no title shall be conveyed to the City of Cordele, and, except as herein specifically granted to the City of Cordele, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Cordele.
SECTION 31.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Cordele shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Cordele. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 32.
That the easement granted to the City of Cordele shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 33.
That the consideration for such easement shall be $10.00 and such further consideration

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and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 34.
That this grant of easement shall be recorded by the grantee in the Superior Court of Crisp County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 35.
That the authorization in this resolution to grant the above-described easement to the City of Cordele shall expire three years after the date that this resolution becomes effective.
SECTION 35A.
This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 36.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE IV SECTION 37.
That the State of Georgia is the owner of the hereinafter described real property in Floyd County, and the property is in the custody of the Department of Human Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 38.
That the State of Georgia, acting by and through its State Properties Commission, may grant to Atlanta Gas Light Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a natural gas line on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a natural gas line together with the right of ingress and egress over adjacent land of the State of

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Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lots 200 of the 23rd Land District of Floyd County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown in yellow on utility plan sheets C10, C11and C12 entitled "Rome Probation Detention Center" prepared by Rainwater and Associates, dated May 31, 2002 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 39.
That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said natural gas line.
SECTION 40.
That Atlanta Gas Light Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said natural gas line.
SECTION 41.
That, after Atlanta Gas Light Company has put into use the natural gas line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Atlanta Gas Light Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 42.
That no title shall be conveyed to Atlanta Gas Light Company, and, except as herein specifically granted to Atlanta Gas Light Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Atlanta Gas Light Company.
SECTION 43.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed

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or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Atlanta Gas Light Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Atlanta Gas Light Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 44.
That the easement granted to Atlanta Gas Light Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 45.
That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 46.
That this grant of easement shall be recorded by the grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 47.
That the authorization in this resolution to grant the above-described easement to Atlanta Gas Light Company shall expire three years after the date that this resolution becomes effective.
SECTION 47A.
This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the

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city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 48.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE V SECTION 49.
That the State of Georgia is the owner of the hereinafter described real property in Forsyth County, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 50.
That the State of Georgia, acting by and through its State Properties Commission, may grant to Forsyth County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a water line on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a water line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Forsyth County, Georgia, and are more particularly described as follows:
'That portion and that portion only as shown highlighted in yellow on plat of survey entitled "Water Line Easement" prepared by Billy Ray Cheek, Georgia registered Land Surveyor #1615, dated November 7, 2001 and all being on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 51.
That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said water line.
SECTION 52.
That Forsyth County shall have the right to remove or cause to be removed from said

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easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water line.
SECTION 53.
That, after Forsyth County has put into use the water line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Forsyth County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 54.
That no title shall be conveyed to Forsyth County, and, except as herein specifically granted to Forsyth County, all rights, title and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Forsyth County.
SECTION 55.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Forsyth County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Forsyth County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 56.
That the easement granted to Forsyth County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best

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interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 57.
That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 58.
That this grant of easement shall be recorded by the grantee in the Superior Court of Forsyth County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 59.
That the authorization in this resolution to grant the above-described easement to Forsyth County shall expire three years after the date that this resolution becomes effective.
SECTION 59A.
This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 60.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VI SECTION 61.
That the State of Georgia is the owner of the hereinafter described real property in Habersham County, and the property is in the custody of the Department of Corrections, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 62.
That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Alto, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a water well in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a water well together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 196 of the 10th District of Habersham County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown in yellow on a plat of survey entitled "Survey For the Town of Alto", dated May 13, 2002, prepared by Jeff Weshner, Georgia Registered Land Surveyor #2323 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 63.
That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said water well.
SECTION 64.
That the City of Alto shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water well.
SECTION 65.
That, after the City of Alto has put into use the water well for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Alto, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 66.
That no title shall be conveyed to the City of Alto, and, except as herein specifically granted to the City of Alto, all rights, title, and interest in and to said easement area is

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reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Alto.
SECTION 67.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Alto shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Alto. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 68.
That the easement granted to the City of Alto shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 69.
That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 70.
That this grant of easement shall be recorded by the grantee in the Superior Court of Habersham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 71.
That the authorization in this resolution to grant the above-described easement to the City

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of Alto shall expire three years after the date that this resolution becomes effective.
SECTION 71A.
This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 72.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE VII SECTION 73.
That the State of Georgia is the owner of the hereinafter described real property in Hall County, and the property is in the custody of the Department of Corrections and Department of Motor Vehicles, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 74.
That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Gainesville, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 411th GMD in the City of Gainesville, Hall County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown in yellow on a plat of survey entitled "Allen Creek Regional Sewerage Facilities" dated August 9, 2002, prepared by Edwin E. Ledford, Georgia Registgered Land surveyor #2340 and on file in the offices of the State Properties Commission,'

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and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 75.
That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.
SECTION 76.
That The City of Gainesville shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer line.
SECTION 77.
That, after the City of Gainesville has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Gainesville, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 78.
That no title shall be conveyed to the City of Gainesville, and, except as herein specifically granted to the City of Gainesville, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Gainesville.
SECTION 79.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the city of Gainesville shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and

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approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Gainesville. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 80.
That the easement granted to the City of Gainesville shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 81.
That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 82.
That this grant of easement shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 83.
That the authorization in this resolution to grant the above-described easement to the city of Gainesville shall expire three years after the date that this resolution becomes effective.
SECTION 84.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
SECTION 84A.
This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement

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area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
ARTICLE VIII SECTION 85.
That the State of Georgia is the owner of the hereinafter described real property in Jasper County, and the property is in the custody of the Department of Technical and Adult Education, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 86.
That the State of Georgia, acting by and through its State Properties Commission, may grant to the Municipal Electric Authority of Georgia (MEAG), or its successors and assigns, a nonexclusive easement for the construction, operation and maintenance of electrical transmission lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating electrical transmission lines together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area are located in Land Lot 65 of the 16th District of Jasper County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow on a plat of survey entitled "MEAG Power" dated November 14, 2002 and prepared by J. B. Faircloth, Georgia Registered Land Surveyor No. 2120 and being on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 87.
That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical transmission lines.
SECTION 88.
That MEAG shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical transmission lines.

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SECTION 89.
That, after MEAG has put into use the electrical transmission lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, MEAG, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 90.
That no title shall be conveyed to MEAG and, except as herein specifically granted to MEAG, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to MEAG.
SECTION 91.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and MEAG shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by MEAG. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 92.
That the easement granted to MEAG shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 93.
That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 94.
That this grant of easement shall be recorded by the grantee in the Superior Court of Jasper County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 95.
That the authorization in this resolution to grant the above-described easement to MEAG shall expire three years after the date that this resolution becomes effective.
SECTION 95A.
This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 96.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XI SECTION 97.
That the State of Georgia is the owner of the hereinafter described real property in McDuffie County, and the property is in the custody of the Department of Technical And Adult Education, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 98.
That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Thomson, or its successors and assigns, a nonexclusive easement for

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the construction, operation, and maintenance of sanitary sewer lines, in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating sanitary sewer lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 134th GMD of McDuffie County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow on a plat of survey entitled "City of Thomson at Augusta Technical Institute" dated March 20, 2002 prepared by John A. Mcgill, Georgia Registered Land Surveyor #1753 and being on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 99.
That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer lines.
SECTION 100.
That the City of Thomson shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer lines.
SECTION 101.
That, the City of Thomson has put into use the sanitary sewer lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Thomson or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 102.
That no title shall be conveyed to the City of Thomson and, except as herein specifically granted to the City of Thomson, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Thomson.

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SECTION 103.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Thomson shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Thomson. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 104.
That the easement granted to the City of Thomson shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 105.
That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 106.
That this grant of easement shall be recorded by the grantee in the Superior Court of McDuffie County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 107.
That the authorization in this resolution to grant the above-described easement to the City of Thomson shall expire three years after the date that this resolution becomes effective.

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SECTION 107A.
This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 108.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE X SECTION 109.
That the State of Georgia is the owner of the hereinafter described real property in Glynn and McIntosh Counties, Georgia, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 110.
That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation and maintenance of guy wires and anchors together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area are located in within the boundary of the Altamaha Wildlife Management in Glynn and McIntosh Counties, Georgia, and are more particularly described as follows:
'That portion and that portion only as shown marked in yellow on a drawing marked as Exhibit "A" on the Board of Natural Resources Resolution dated September 25, 2002 under project Altamaha WMA, and being on file in the offices of the State Properties Commission,' and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 111.

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That the above-described premises shall be used solely for the purpose of, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said guy wires and anchors.
SECTION 112.
That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation of said guy wires and anchors.
SECTION 113.
That, after Georgia Power Company, has put into use the guy wires and anchors for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 114.
That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 115.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state

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owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 116.
That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 117.
That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 118.
That this grant of easement shall be recorded by the grantee in the Superior Court of Glynn and McIntosh Counties, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 119.
That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.
SECTION 119A.
This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 120.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE XI SECTION 121.
That the State of Georgia is the owner of the hereinafter described real property in Morgan County, Georgia, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 122.
That the State of Georgia, acting by and through its State Properties Commission, may grant to Sigurd Kviten, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating ingress and egress together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located within the boundary of Hard Labor Creek State Park in Morgan County, Georgia, and is more particularly described as follows: 'That portion and that portion only as shown marked in yellow on a drawing
attached as Exhibit "A" to that certain Board of Natural Resources Resolution dated September 25, 2002 listed as Project "Hard Labor Creek State Park" and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 123.
That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress.
SECTION 124.
That Sigurd Kviten shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said ingress and egress.
SECTION 125.
That, after Sigurd Kviten has put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers,

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and easement granted herein. Upon abandonment, Sigurd Kviten, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 126.
That no title shall be conveyed to Sigurd Kviten, and, except as herein specifically granted to Sigurd Kviten, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Sigurd Kviten.
SECTION 127.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Sigurd Kviten or its successors and assigns shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Sigurd Kviten. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on State owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 128.
That the easement granted to Sigurd Kviten shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 129.
That the consideration for such easement shall be for the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties

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Commission may determine to be in the best interest of the State of Georgia.
SECTION 130.
That this grant of easement shall be recorded by the grantee in the Superior Court of Morgan County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 131.
That the authorization in this resolution to grant the above-described easement to Sigurd Kviten shall expire three years after the date that this resolution becomes effective.
SECTION 131A.
This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 132.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XII SECTION 133.
That the State of Georgia is the owner of the hereinafter described real property in Hamilton County, Tennessee, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 134.
That the State of Georgia, acting by and through its State Properties Commission, may grant to the Tennessee Department of Transportation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a bridge in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, inspecting, and operating a bridge together with the right of ingress and egress over adjacent land of the State of Georgia as

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may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the City of Chattanooga, Hamilton County, Tennessee, and is more particularly described as follows:
'That portion and that portion only as marked in yellow on a drawing prepared by State of Tennessee Department of Transportation Bureau of Planning and Development and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 135.
That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, inspecting, and operating said bridge.
SECTION 136.
That, after the Tennessee Department of Transportation has put into use the bridge for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Tennessee Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 137.
That no title shall be conveyed to the Tennessee Department of Transportation, and, except as herein specifically granted to the Tennessee Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Tennessee Department of Transportation.
SECTION 138.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Tennessee Department of Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties

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Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Tennessee Department of Transportation. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on State owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 139.
That the easement granted to the Tennessee Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 140.
That the consideration for such easement shall be for the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 141.
That this grant of easement shall be recorded by the grantee in the Superior Court of Hamilton County, Tennessee and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 142.
That the authorization in this resolution to grant the above-described easement to the Tennessee Department of Transportation shall expire three years after the date that this resolution becomes effective.
SECTION 142A.
This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.

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SECTION 143.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XIII SECTION 144.
That the State of Georgia is the owner of the hereinafter described real property in Hamilton County, Tennessee, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
SECTION 145.
That the State of Georgia, acting by and through its State Properties Commission, may grant to the Tennessee Valley Authority, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical distribution lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating electrical distribution lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement areas are located in the First Civil District of Hamilton County, Tennessee, within Western and Atlantic Railroad right of way, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow as shown on Sheet 1A of US-TVA drawing LW-1938, revision 4 prepared for the Tennessee Valley Authority, and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 146.
That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution lines.
SECTION 147.
That, after the Tennessee Valley Authority has put into use the electrical distribution lines which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Tennessee Valley Authority, or its successors and assigns, shall have the option of removing its

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facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 148.
That no title shall be conveyed to the Tennessee Valley Authority, and, except as herein specifically granted to the Tennessee Valley Authority, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to the Tennessee Valley Authority.
SECTION 149.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Tennessee Valley Authority shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Tennessee Valley Authority. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 150.
That the easement granted to the Tennessee Valley Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 151.
That the consideration for such easement shall be for the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 152.
That this grant of easement shall be recorded by the grantee in the Superior Court of Hamilton County, Tennessee, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 153.
That the authorization in this resolution to grant the above-described easement to the Tennessee Valley Authority shall expire three years after the date that this resolution becomes effective.
SECTION 153A.
This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 154.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XIV SECTION 155.
That the State of Georgia is the owner of the hereinafter described real property in Bibb County, and the property is in the custody of the Department of Defense, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
SECTION 156.
That the State of Georgia, acting by and through its State Properties Commission, may grant to SED-Gray, LLC, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of underground supports for a retaining wall in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating underground supports for a retaining wall, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish

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the aforesaid purposes. Said easement areas are located in Land Lot 38 of the Macon Reserve East Land District of Bibb County, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow as Grading and Drainage Plan, being sheet #C-4, dated April 22, 2002 entitled Walgreens #06790, and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 157.
That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said underground support for a retaining wall.
SECTION 158.
That, after SED-Gray, LLC has put into use the underground supports for a retaining wall which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, SED-Gray, LLC, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 159.
That no title shall be conveyed to SED-Gray, LLC, and, except as herein specifically granted to SED-Gray, LLC, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to SEDGray, LLC.
SECTION 160.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and SED-Gray, LLC shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole

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benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by SED-Gray, LLC. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 161.
That the easement granted to SED-Gray, LLC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 162.
That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 163.
That this grant of easement shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 164.
That the authorization in this resolution to grant the above-described easement to SEDGray, LLC shall expire three years after the date that this resolution becomes effective.
SECTION 164A.
This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.

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SECTION 165.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XV SECTION 166.
That the State of Georgia is the owner of the hereinafter described real property in Cherokee County, and the property is in the custody of the Department of Defense, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
SECTION 167.
That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Canton, Cherokee County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of storm water piping in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating storm water piping, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 159 of the 14th District, 2nd Section of Cherokee County, and is more particularly described as follows:
'That portion and that portion only as shown highlighted in yellow as drawing provided by the City of Canton, Cherokee County, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval,'
SECTION 168.
That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said storm water piping.
SECTION 169.
That, after the City of Canton, Cherokee County, has put into use the storm water piping for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Canton, Cherokee County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which

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event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 170.
That no title shall be conveyed to the City of Canton, Cherokee County, and, except as herein specifically granted to the City of Canton, Cherokee County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Canton, Cherokee County.
SECTION 171.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Canton, Cherokee County, shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Canton, Cherokee County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 172.
That the easement granted to the City of Canton, Cherokee County, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 173.
That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 174.
That this grant of easement shall be recorded by the grantee in the Superior Court of Cherokee County, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 175.
That the authorization in this resolution to grant the above-described easement to the City of Canton, Cherokee County, shall expire three years after the date that this resolution becomes effective.
SECTION 175A.
This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 176.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XVI SECTION 177.
That the State of Georgia is the owner of the hereinafter described real property in Screven County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
SECTION 178.
That the State of Georgia, acting by and through its State Properties Commission, may grant to Screven County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of roadways in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating roadways, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 37th GMD of Screven County, and is more particularly described as follows:

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'That portion and that portion only as shown highlighted in yellow on a plat of survey entitled "Property Survey for Screven County Old River County Road" dated December 17, 2001 and prepared by Warren E. Poythress, Georgia Registered Land Surveyor #1953 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 179.
That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said roadway.
SECTION 180.
That, after Screven County has put into use the roadway for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Screven County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 181.
That no title shall be conveyed to Screven County and, except as herein specifically granted to Screven County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to Screven County.
SECTION 182.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Screven County shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a

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portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Screven County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 183.
That the easement granted to Screven County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 184.
That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 185.
That this grant of easement shall be recorded by the grantee in the Superior Screven County, County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 185A.
This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 186.
That the authorization in this resolution to grant the above-described easement to Screven County shall expire three years after the date that this resolution becomes effective.
ARTICLE XVII SECTION 187.

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That the State of Georgia is the owner of the hereinafter described real property in Randolph County, and the property is in the custody of the Department of Technical and Adult Education, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
SECTION 188.
That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Cuthbert, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the Land Lot 1 of the 6th District of Randolph County, and is more particularly described as follows:
'That portion and that portion only as shown highlighted in yellow on a plat of survey entitled "City of Cuthbert and State of Georgia" dated August 6, 2002, and prepared by B. H. Langford Jr. Georgia Registered Land Surveyor #2209 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 189.
That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.
SECTION 190.
That, after the City of Cuthbert has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, priviledges, powers, and easement granted herein. Upon abandonment, the City of Cuthbert, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 191.
That no title shall be conveyed to the City of Cuthbert and, except as herein specifically granted to the City of Cuthbert, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not

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inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Cuthbert.
SECTION 192.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Cuthbert shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Cuthbert. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 193.
That the easement granted to the City of Cuthbert shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 194.
That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 195.
That this grant of easement shall be recorded by the grantee in the Superior Court of Randolph County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 196.
That the authorization in this resolution to grant the above-described easement to the City of Cuthbert County shall expire three years after the date that this resolution becomes

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effective.

ARTICLE XVIII SECTION 197.

That the State of Georgia is the owner of the hereinafter described real property in Chatham County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
SECTION 198.

That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Ports Authority, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a container berth dock in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating a container berth dock, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 8th GMD of Chatham County, and is more particularly described as follows:
'That portion and that portion only as shown highlighted in yellow on a drawing entitled "Dock Plan Georgia Ports Authority Garden City Terminal" dated December 14, 2001, and being sheet 4 of 8 and prepared by Applied Technology Management, Inc. and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 199.

That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said container berth dock.
SECTION 200.

That, after the Georgia Ports Authority has put into use the container berth dock for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, priviledges, powers, and easement granted herein. Upon abandonment, the Georgia Ports Authority, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 201.
That no title shall be conveyed to the Georgia Ports Authority and, except as herein specifically granted to the Georgia Ports Authority, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Ports Authority.
SECTION 202.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Georgia Ports Authority shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Georgia Ports Authority. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 203.
That the easement granted to the Georgia Ports Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 204.
That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 205.

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That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 206.
That the authorization in this resolution to grant the above-described easement to the Georgia Ports Authority County shall expire three years after the date that this resolution becomes effective.
ARTICLE XIX SECTION 207.
That the State of Georgia is the owner of the above-described Chatham County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 208.
That the above-described real property may be conveyed by appropriate instrument to Chatham County by the State of Georgia acting by and through its State Properties Commission for a consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 209.
That the authorization in this resolution to convey the above-described property to Chatham County shall expire three years after the date that this resolution becomes effective.
SECTION 210.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 211.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 212.
That custody of the above-described property shall remain the custody of the Georgia Bureau of Investigation until the property is conveyed to Chatham County.

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ARTICLE XX SECTION 213.
That the State of Georgia is the owner of the above-described Colquit County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 214.
That the above-described real property may be conveyed by appropriate instrument to Colquit County by the State of Georgia acting by and through its State Properties Commission for a consideration of $10.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 215.
That the authorization in this resolution to convey the above-described property to Colquit County shall expire three years after the date that this resolution becomes effective.
SECTION 216.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 217.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Colquit County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 218.
That custody of the above-described property shall remain the custody of the Department of Technical and Adult Education until the property is conveyed to Colquit County.
ARTICLE XXI SECTION 219.
That the State of Georgia is the owner of the above-described Paulding County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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SECTION 220.
That the above-described real property may be conveyed by appropriate instrument to New Hope First Baptist Church by the State of Georgia acting by and through its State Properties Commission for a consideration of the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 221.
That the authorization in this resolution to convey the above-described property to New Hope First Baptist Church shall expire three years after the date that this resolution becomes effective.
SECTION 222.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 223.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 224.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Paulding County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 225.
That custody of the above-described property shall remain the custody of the Department of Natural Resources until the property is conveyed to New Hope First Baptist Church.
ARTICLE XXII SECTION 226.
That the State of Georgia is the owner of the above-described White County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 227.
That the above-described real property may be conveyed by appropriate instrument to the

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adjoining property owned, John Tarpley Head and Tim Ravan by the State of Georgia acting by and through its State Properties Commission for a consideration of the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 228.
That the authorization in this resolution to convey the above-described property to John Tarpley Head and Tim Ravan shall expire three years after the date that this resolution becomes effective.
SECTION 229.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 230.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 231.
That the deeds of conveyance shall be recorded by the grantee in the Superior Court of White County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 232.
That custody of the above-described property shall remain the custody of the Department of Human Resources until the property is conveyed to John Tarpley Head and Tim Ravan.
ARTICLE XXIII SECTION 233.
That all laws and parts of laws in conflict with this resolution are repealed.
Senator Thomas of the 2nd asked unanimous consent that the Senate disagree to the House substitute to SR 120. The consent was granted, and the Senate disagreed to the House substitute to SR 120.

The following resolution was taken up to consider House action thereto:

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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 House substitute was as follows:
A RESOLUTION
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; authorizing the conveyance of certain State owned real property located in Fulton County, Georgia; authorizing the conveyance of certain State owned real property located in Coffee County, Georgia; authorizing the conveyance of certain State owned real property located in Baldwin County, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Muscogee County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 100 of the 9th Land District, Muscogee County and containing approximately 2.57 acres as shown as Parcel B1 on a plat of survey entitled "Georgia Bureau of Investigation", May 1, 2002, and prepared by Mitchell J. Paulk, Georgia Registered Land Surveyor #2773 and being on file in the offices of the State Properties Commission, and may be more particularly described on plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Bureau of Investigation and was formerly the site of the Western Regional Crime Lab; (4) The above-described property was conveyed to the State in 1973 by Muscogee County for a consideration of $1.00;

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(5) The Georgia Bureau of Investigation has constructed a new Regional Crime Lab facility and has declared the above-described property surplus to the needs of the Department; (6) Muscogee County is desirous of acquiring the above-described property from the State for use as a Police Precinct; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Richmond County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 600th GMD of Richmond County containing approximately 0.49 of one acre, and being more particularly described on a plat of survey entitled "Proposed Acquisition by the State of Georgia", dated September 1, 1976, and prepared by Charles T. Dillard, Georgia Registered Land Surveyor #1834 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Bureau of Investigation and was the former site of the Eastern Regional Crime Lab; (4) The above-described property was conveyed to the State in 1978 by the City of Augusta for a consideration of $1.00; (5) The Georgia Bureau of Investigation has constructed a new Regional Crime Lab facility and has declared the above-described property surplus to the needs of the Department; (6) Richmond County is desirous of acquiring the above-described property from the State for use by the Richmond County Sheriffs Department; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Talbot County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 203 of the 16th District of Talbot County and being more particularly described as follows: Beginning at a stake on the east side of U. S. Highway #80, which said stake is 1225 feet south as measured along the east side of said right of way from the north line of Land Lot 203, and proceeding from said point of beginning south 63 degrees east a distance of 209 feet to a stake; thence south 34 degrees west a distance of 209 feet to a stake; thence north 63 degrees west a distance of 209 feet to a stake on said right of way; thence north 34 degrees east along the east side of said right of way a distance of 209 feet to the point of beginning. Said tract bounded, now or formerly, as follows: North by lands of H. H. Harrison; east by other lands of Talbot County, Georgia; south by property of the State Highway Department; west by the right of way of U. S. Highway #80. Said tract contains one acre of land, more or less, and being the west half of the lands described in a deed from H. H. Harrison to Talbot

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County, Georgia dated February 21, 1956, and of record in deed book YY, page 326, Clerks Office Talbot Superior Court, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is the location of the Talbot County Georgia Forestry Unit Headquarters; (4) Talbot County conveyed the above-described property to the State of Georgia in 1956 for a consideration of $5.00; (5) The Georgia Forestry Commission intends to construct a new Unit Headquarters in Talbot County and intends to declare the above-described property surplus to the need of the Commission once the new facility is completed; (6) Talbot County is desirous of acquiring the above-described property once it is declared surplus by the State; and
WHEREAS: (1) The State of Georgia is the owner of a property interest in a certain parcel of real property located in Troup County, Georgia; (2) Said real property interest is in all those tracts or parcels of land lying and being in the Land Lots 98 and 99 of the 12th District of Troup County and containing approximately 110.23 acres as more fully shown as Tract A containing 59.918 acres and Shiloh Cemetary containing 1.404 acres on a plat of survey entitled "Survey for Troup County Board of Education-Tin Bridge Road (North Site)", prepared by J. Hugh Camp, Georgia Registered Land Surveyor, dated March 20, 2002, and recorded in Plat Book 65, Page 219 in the Office of the Clerk of the Superior Court of Troup County, Georgia; and the property more fully shown as Tract B containing 46.764 acres and Tract C containing 2.148 acres, on a plat or survey entitled "Survey for Troup County Board of Education-Tin Bridge Road (South Site)" prepared by J. Hugh Camp, Georgia Registered Land Surveyor, dated March 25, 2002, and recorded in Plat Book 65, Page 218 in the Office of the Clerk of the Superior Court of Troup County, Georgia, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property interest is in property willed to the Georgia Sheriffs Youth Homes, Inc. in 1986, such will providing that if the property should not be used by the Georgia Sheriffs Youth Homes, Inc. the property would be transferred to the State of Georgia for use as a park; (4) The Troup County Board of Education has acquired the underlying fee interest in the above-described property as the site of a new middle school; (5) The Troup County Board of Education is desirous of acquiring the State of Georgia owned property interest in order to retain clear titled to the property;

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(6) The Department of Natural Resources has no objection to the above-described property interest being conveyed to the Troup County Board of Education for the above-stated purpose; and
WHEREAS: (1) The State of Georgia is the owner of a property interest in a certain parcel of real property located in Troup County, Georgia; (2) Said real property interest is in all those tracts or parcels of land lying and being in Land Lots 11 and 161 of the 6th and 12th Land Districts of Troup County and containing approximately 17 acres as more fully shown as Parcel 1, Tract 1 of Project "Youngs Mill Road Bridge Replacement Georgia D.O.T. Project No. BRLBZ285(21); and Parcel 1, Tract 2 of Project "Youngs Mill Road Bridge Replacement Georgia D.O.T Project No. BRLBZ-285(21), plans of such projects being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property interest is in property willed to the Georgia Sheriffs Youth Homes, Inc. in 1986, such will providing that if the property should not be used by the Georgia Sheriffs Youth Homes, Inc. the property would be transferred to the State of Georgia for use as a park; (4) Troup County has acquired the underlying fee interest in the above-described property as part of a project to replace a bridge over Youngs Mill Road; (5) Troup County is desirous of acquiring the State of Georgia owned property interest in order to retain clear titled to the property; (6) The Department of Natural Resources has no objection to the above-described property interest being conveyed to the Troup County Board of Education for the above-stated purpose; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Decatur County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in Land Lot 429 of the 15th Land District of Decatur County and containing approximately 15 acres as more fully shown highlighted in yellow on a plat of survey entitled "Proposed State Property-Bainbridge Air Base" as prepared by Murff Hawkins, Georgia Registered Land Surveyor # 726, dated March 31, 1966 being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is a portion of Southwest Georgia Regional Hospital, under the custody of the Department of Corrections; (4) Decatur County conveyed the above-described property, which is a portion of a 209 acre tract, to the State of Georgia in 1966 for a consideration of $1.00;

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(5) Decatur owns property adjoining the above-described property and operates a County owned golf course on said adjoining County owned property; (6) Decatur County is desirous of acquiring the above-described property in order to expand and improve said golf course; (7) The Department of Corrections has no objection to the conveyance of the abovedescribed property to Decatur for the so stated purpose; and
WHEREAS: (1) The State of Georgia is the owner of a property interest in a certain parcel of real property located in Fulton County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in Land Lot 365 of the 6th Land District of Fulton County and containing approximately 11.46 acres as more fully shown on a plat of survey entitled "Island Ford Park Site" as prepared by Jean G. Gibbs, Georgia Registered Land Surveyor # 1546, dated August 20, 1975, being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property was conveyed to Fulton County by the State of Georgia in 1975 for a consideration of $10.00 and the assurance that the County would develop the property for public recreational purposes; (4) The deed of conveyance contained language providing that if Fulton County should fail to develop the property for public recreational purposes within a year of the propertys conveyance to the County then the property shall revert to the State of Georgia; (5) The above-described property provides a critical linkage between two parcels developed and owned by the National Park Service along the Chattahoochee River National Recreation Area; (6) The Trust for Public Land is desirous of placing a conservation easement on the property in order to preserve the property in perpetuity; (7) Fulton County is desirous of counting the above-described property toward the State of Georgias Greenspace protection goal; (8) It has been determined that compliance with the above-stated deed development restriction by Fulton County is in question; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Coffee County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in Land Lot 175 of the 6th Land District of Coffee County and containing approximately 3 acres and more particularly described as follows: BEGINNING on the west boundary line of the right of way of U. S. Highway No. 441 at a point 752 feet north of the intersection of the south original land lot line of said lot with the west boundary line of the right of way of said highway; thence south 84 degrees west a distance of 653.4

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feet; thence north 4 degrees 20 minutes west 200 feet; thence north 84 degrees east 653.4 feet to the west boundary line of the right of way of U. S. Highway No. 441; thence south 4 degrees 20 minutes east along the west boundary line of said right of way a distance of 200 feet to the point of beginning, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is the location of Georgia State Patrol Post 36; (4) Coffee County conveyed the above-described property to the State of Georgia in 1964 for a consideration of $10.00; (5) Coffee County intends to construct a new Georgia State Patrol Post for use by the State; (6) Coffee County is desirous of acquiring the above-described property once the Georgia State Patrol has occupied the new facility; (7) The Georgia State Patrol has no objection to the conveyance of the abovedescribed property to Coffee County for the so stated purpose; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 258 of the 1st Land District of Baldwin County and containing approximately 0.38 of one acre and more particularly described as being tract 3 on a plat of survey prepared by Ralph A. True, Georgia Registered Land Surveyor # 2202, dated July 18, 2002, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is separated from other State owned property by Thomas Field Road; (4) Said property adjoins the residence of Russell Bloodworth et al; (5) Russell Bloodworth et al is desirous of acquiring the above-described property for inclusion in his residence; (6) The Department of Human Resources has no objection to the conveyance of the above-described property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I SECTION 1.
That the State of Georgia is the owner of the above-described Muscogee County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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SECTION 2.
That the above-described real properties may be conveyed by appropriate instrument to the Consolidated Government of Columbus, Georgia, by the State of Georgia, acting by and through the State Properties Commission County, for a consideration of $1.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 3.
That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 4.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyances.
SECTION 5.
That the deeds of conveyance shall be recorded by the Grantee in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 6.
That custody of the above-described property shall remain in the Georgia Bureau of Investigation until the property is conveyed to the Consolidated Government of Columbus, Georgia.
ARTICLE II SECTION 7.
That the State of Georgia is the owner of the above-described Richmond County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 8.
That above-described property may be conveyed to Augusta/Richmond County by appropriate instrument by the State of Georgia acting by and through its State Properties Commission for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties

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Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 9.
That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 10.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyances.
SECTION 11.
That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Richmond County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 12.
That custody of the above-described property shall remain in the Department of Human Resources until the property is conveyed.
ARTICLE III SECTION 13.
That the State of Georgia is the owner of the above-described Talbot County real property and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission.
SECTION 14.
That the above-described real property may be conveyed by appropriate instrument to Talbot County by the State of Georgia, acting by and through the State Properties Commission for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 15.
That the above-described property shall not be conveyed to Talbot County until after said property has been declared surplus by the Georgia Forestry Commission.

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SECTION 16.
That the authorization in this resolution to convey the above-described property to Talbot County shall expire three years after the date that this resolution becomes effective.
SECTION 17.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 18.
That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Talbot County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 19.
That custody of the property will remain in the Georgia Forestry Commission until the property is conveyed.
ARTICLE IV SECTION 20.
That the State of Georgia is the owner of a property interest in the above-described Troup County real property and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission.
SECTION 21.
That the above-described real property interest may be conveyed by appropriate instrument to the Troup County Board of Education by the State of Georgia, acting by and through the State Properties Commission for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 22.
That the authorization in this resolution to convey the above-described property interest to the Troup County Board of Education County shall expire three years after the date that this resolution becomes effective.
SECTION 23.

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That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 24.
That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE V SECTION 25.
That the State of Georgia is the owner of a property interest in the above-described Troup County real property and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission.
SECTION 26.
That the above-described real property interest may be conveyed by appropriate instrument to Troup County by the State of Georgia, acting by and through the State Properties Commission for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 27.
That the authorization in this resolution to convey the above-described property interest to Troup County shall expire three years after the date that this resolution becomes effective.
SECTION 28.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 29.
That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE VI SECTION 30.
That the State of Georgia is the owner of the above-described Decatur County real property and that in all matters relating to the conveyance of the real property the State of

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Georgia is acting by and through its State Properties Commission.
SECTION 31.
That the above-described real property may be conveyed by appropriate instrument to Decatur County by the State of Georgia, acting by and through the State Properties Commission for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 32.
That the authorization in this resolution to convey the above-described property to Decatur County shall expire three years after the date that this resolution becomes effective.
SECTION 33.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 34.
That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Decatur County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 35.
That custody of the above-described property shall remain in the Department of Corrections until the property is conveyed.
ARTICLE VII SECTION 36.
That the State of Georgia is the owner of the above-described Fulton County real property interest and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission.
SECTION 37.
That the above-described real property interest may be conveyed by appropriate instrument to Fulton County by the State of Georgia, acting by and through the State Properties Commission for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties

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Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 38.
That the authorization in this resolution to convey the above-described property interest to Fulton County shall expire three years after the date that this resolution becomes effective.
SECTION 39.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 40.
That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE VIII SECTION 41.
That the State of Georgia is the owner of the above-described Coffee County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 42.
That the above-described real property may be conveyed by appropriate instrument to Coffee County by the State of Georgia, acting by and through the State Properties Commission for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 43.
That the authorization in this resolution to convey the above-described property to Coffee County shall expire three years after the date that this resolution becomes effective.
SECTION 44.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 45.
That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Coffee County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 46.
That custody of the above-described property shall remain in the custody of the Georgia State Patrol until the property is conveyed.
ARTICLE IX SECTION 47.
That the State of Georgia is the owner of the above-described Baldwin County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 48.
That the above-described real property may be conveyed by appropriate instrument to Russell Bloodworth et al by the State of Georgia, acting by and through the State Properties Commission for a consideration of the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 49.
That the authorization in this resolution to convey the above-described property to Russell Bloodworth et al shall expire three years after the date that this resolution becomes effective.
SECTION 50.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 51.
That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 52.

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That custody of the above-described property shall remain in the custody of the Department of Human Resources until the property is conveyed.
ARTICLE X SECTION 53.
That all laws and parts of laws in conflict with this resolution are repealed.
Senator Thomas of the 2nd asked unanimous consent that the Senate disagree to the House substitute to SR 121. The consent was granted, and the Senate disagreed to the House substitute to SR 121
The following bill was taken up to consider House action thereto:
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.
The House amendment was as follows:
Amend SB 329 by inserting after "policy" on line 16 on page 3 the following: "; provided, however, that said contract shall not exclude coverages for health care services or benefits required by state law or state regulations requiring the reimbursement or utilization related to specific illnesses, injuries, or health conditions of the covered person or inclusion of a specific category of licensed health care practitioner to be provided to the covered person in an individual, blanket, or group policy or contract for a health related condition of a covered person".
Senator Seabaugh of the 28th asked unanimous consent that the Senate disagree to the House amendment to SB 329. The consent was granted, and the Senate disagreed to the House amendment to SB 329.
The following bill was taken up to consider House action thereto:

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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 House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, 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 comply with the provisions of the federal Help America Vote Act; to require the State Election Board to define by rule and regulation what constitutes a vote; to provide for complaint procedures; to provide for the confidentiality of certain registration information; to provide procedures for absentee balloting for uniformed services and overseas voters; to provide for reports concerning voting by such uniformed services and overseas voters; to require voters who register to vote by mail for the first time in this state to provide identification prior to voting for the first time; to provide for exceptions; to provide for the designation of such voters on the electors list; 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 instructions for absentee voting shall include information on the effect of overvotes and how to correct errors on the ballot or obtain a replacement ballot; 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 sample ballots; to provide for certain poll watchers; to provide additional items of acceptable identification; to provide for the review of overvoted ballots; to provide that, when poll hours are extended by court order, all voters who vote after the normal poll closing time shall vote by provisional ballot; to provide that such ballots shall be kept separate from other ballots; to provide for the storage of certain election

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materials; 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 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by striking paragraph (4) of Code Section 21-2-2, relating to definitions, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Custodian' means the person charged with the duty of testing and preparing the voting machine or vote recorder equipment for the primary or election and with instructing the poll officers in the use of same."
SECTION 2. Said chapter is further amended by striking paragraphs (7) and (8) of Code Section 21-231, relating to the duties of the State Election Board, and inserting in lieu thereof new paragraphs (7), (8), and (9) to read as follows:
"(7) To promulgate rules and regulations to define uniform and nondiscriminatory standards concerning what constitutes a vote and what will be counted as a vote for each category of voting system used in this state; (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 be conducive to the fair, legal, and orderly conduct of primaries and elections."
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 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."

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SECTION 3. Said chapter is further amended by striking paragraph (5) of Code Section 21-2-70, relating to powers and duties of election superintendents, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) To purchase, except voting machines and vote recorders, preserve, store, and maintain election equipment of all kinds, including voting booths and ballot boxes and to procure ballots and all other supplies for primaries and elections;".
SECTION 4. Said chapter is further amended by striking paragraph (4) of Code Section 21-2-71, relating to payment by county or municipality of superintendents expenses, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Maintenance of all voting machines, vote recorders, and of all other primaries and election equipment required by this chapter, or which the superintendent shall consider necessary to carry out this chapter; and".
SECTION 5. Said chapter is further amended by striking subsection (d) of Code Section 21-2-219, relating to registration by members of the armed forces or merchant marine and permanent overseas citizens, and inserting in lieu thereof new subsections (d), (f), (g), and (h) to read as follows:
"(d) A properly executed registration card submitted under the provisions of subsection (b) of this Code section, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under Code Section 21-2-381, or a special absentee ballot under Code Section 21-2-381.1, as appropriate. Such card, subject to the limitations of subsection (c) of this Code section, shall constitute a request for an absentee ballot for the period beginning upon the receipt of such card and extending through the second regularly scheduled general election in which federal candidates are on the ballot for all elections for federal offices held during such period." "(f) The office of the Secretary of State is designated as the office, under the federal Help America Vote Act, to be responsible for providing information on registration and absentee ballot procedures for use by absent uniformed services and overseas voters, including the use of the federal write-in absentee ballot. (g) The registrars of each county shall report to the Secretary of State within 60 days after a general election in which federal candidates were on the ballot the combined number of absentee ballots transmitted to absent uniformed services and overseas voters in such election and the combined number of such ballots that were returned by such voters and cast in such election. (h) The Secretary of State shall within 90 days after a general election in which federal candidates were on the ballot report to the federal Election Assistance Commission, on such form as may be prescribed by such commission, the combined number of absentee

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ballots transmitted to absent uniformed services and overseas voters in such election and the combined number of such ballots that were returned by such voters and cast in such election."
SECTION 6. Said chapter is further amended by striking Code Section 21-2-220, relating to application for registration, and inserting in lieu thereof a new Code Section 21-2-220 to read as follows:
"21-2-220. (a) Any person desiring to register as an elector shall apply to do so by making application to a registrar or deputy registrar of such persons county of residence in person, by submission of the federal post card application form as authorized under Code Section 21-2-219, by making application through the Department of Public Motor Vehicle Safety as provided in Code Section 21-2-221, by making application through designated offices as provided in Code Section 21-2-222, or by making application by mail as provided in Code Section 21-2-223. (b) Notwithstanding any other provision of this title, whenever a person makes application to register in person or through the means specified in this Code section, the person authorized to offer registration shall inquire as to whether the individual seeking registration is a citizen of the United States, and the person offering registration shall not be required to offer registration to an individual who answers such inquiry with a negative response. (c) Except as otherwise provided in this subsection, electors who register to vote for the first time in this state by mail must present current and valid identification either when registering to vote by mail or when voting for the first time after registering to vote by mail. The current and valid identification shall be one or more of those forms of identification provided in Code Section 21-2-417 or a legible copy thereof. The registrars shall make copies of any original forms of identification submitted by applicants and return the originals to the applicants. The requirement to submit identification shall not apply to:
(1) Persons who submit identifying information with their applications that the registrars are able to match to information contained on a state database available to such registrars containing the same number, name, and date of birth as contained in the application; (2) Persons who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, et seq.; or (3) Persons who are entitled to vote otherwise than in person under any other federal law. (c)(d) If an applicant fails to provide all of the required information on the application for voter registration with the exception of current and valid identification, the board of registrars shall notify the registrant in writing of the missing information. The board of registrars shall not determine the eligibility of the applicant until and unless all required information is supplied by the applicant. If the initial application is received prior to the close of voter registration prior to an election, if the applicant supplies the necessary

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information on or prior to the date of the election, and if the applicant is found eligible to vote, the applicant shall be added to the list of electors and shall be permitted to vote in the election and any run-off elections resulting therefrom and subsequent elections; provided, however, that voters who registered to vote for the first time in this state by mail must supply current and valid identification when voting for the first time as required in subsection (c) of this Code section. In the event the elector does not respond to the request for the missing information within 30 days, the application shall be rejected. (d)(e) If an applicant submits false information, the board of registrars shall reject the application and shall refer the application to the district attorney of the county for criminal prosecution. If the false information is not discovered until after the applicants application has been approved and the applicants name added to the list of electors, the giving of such false information shall be cause to challenge the applicants right to remain on the list of electors, which, if sustained, shall result in such applicants name being removed from the list and the application being submitted to the district attorney of the county for criminal prosecution. (e)(f) A person registering to vote who is disabled or illiterate may request assistance from any other person in completing the form for registration, but the person offering assistance shall sign the voter registration form in the space provided to identify the person offering assistance. (g) The registrars shall note on their records and the electors list any elector who registers by mail for the first time in this state and does not provide the identification required by subsection (c) of this Code section."
SECTION 7. Said chapter is further amended by striking subsection (g) of Code Section 21-2-224, relating to official list of electors, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct shall include only the electors name, address, ZIP code, date of birth, voter identification number, a designation of whether the elector registered for the first time in this state by mail and is required to comply with Code Sections 21-2-220 and 21-2-417, congressional district, state Senate district, state House district, county commission district, if any, county or independent board of education district, if any, and municipal governing authority district designations, if any, and such other voting districts, if any. The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct may also include codes designating that an elector has voted by absentee ballot, has been challenged, or has been sent mail by the registrars which has been returned marked undeliverable. No person whose name does not appear on the official list of electors shall vote or be allowed to vote at any election, except as otherwise provided in this article."

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SECTION 8. Said chapter is further amended by striking subsection (b) of Code Section 21-2-225, relating to confidentiality of original registration applications, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to Code Section 21-2-417(b) and the social security numbers of the electors and the locations at which the electors applied to register to vote which shall remain confidential and be used only for voter registration purposes; provided, however, that social security numbers of electors may be made available to other state agencies if the agency is authorized to maintain information by social security number and the information is used only to identify the elector on the receiving agencys data base and is not disseminated further and remains confidential."
SECTION 9. Said chapter is further amended by striking subsection (a) of Code Section 21-2-235, relating to inactive list of electors, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In addition to the official list of electors, the Secretary of State shall also maintain an inactive list of electors. Notwithstanding any other provision of law to the contrary, the names of electors on the inactive list of electors shall not be counted in computing the number of ballots required for an election, the number of voting machines or vote recorders devices needed for a precinct, the number of electors required to divide or constitute a precinct, or the number of signatures needed on any petition. However, any elector whose name appears on the inactive list shall be eligible to sign a petition and such petition signature, if valid, shall be sufficient to return the elector to the official list of electors if the elector still resides at the address listed on the electors registration records and shall be grounds to proceed under Code Section 21-2-234 to confirm the change of address of the elector if the elector provides a different address from the address which appears on the electors registration records."
SECTION 10. Said chapter is further amended by striking subsection (a) of Code Section 21-2-267, relating to equipment at polling places, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The governing authority shall provide and the superintendent shall cause all rooms used as polling places to be provided with suitable heat and light and, in precincts in which ballots are used, with a sufficient number of voting compartments or booths with proper supplies in which the electors may conveniently mark their ballots, with a curtain, screen, or door in the upper part of the front of each compartment or booth so that in the marking thereof they may be screened from the observation of others. A

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curtain, screen, or door shall not be required, however, for the self-contained units used as voting booths in which vote recorders direct recording electronic (DRE) voting units are located if such booths have been designed so as to ensure the privacy of the elector. When practicable, every polling place shall consist of a single room, every part of which is within the unobstructed view of those present therein and shall be furnished with a guardrail or barrier closing the inner portion of such room, which guardrail or barrier shall be so constructed and placed that only such persons as are inside such rail or barrier can approach within six feet of the ballot box and voting compartments, or booths, or voting machines, as the case may be. The ballot box and voting compartments or booths shall be so arranged in the voting room within the enclosed space as to be in full view of those persons in the room outside the guardrail or barrier. The voting machine or machines shall be placed in the voting rooms within the enclosed space so that, unless its construction shall otherwise require, the ballot labels on the face of the machine can be plainly seen by the poll officers when the machine is not occupied by an elector. In the case of direct recording electronic voting units, the units shall be arranged in such a manner as to ensure the privacy of the elector while voting on such units, to allow monitoring of the units by the poll officers while the polls are open, and to permit the public to observe the voting without affecting the privacy of the electors as they vote."
SECTION 11. Said chapter is further amended by striking subsection (d) of Code Section 21-2-379.7, relating to preparation of polling places, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The superintendent shall, at least one hour prior to the opening of the polls: (1) Provide sufficient lighting to enable electors, if needed in the voting booth, to read the ballot and which shall be suitable for the use of the poll officers in examining the booth and conducting their responsibilities; (2) Provide directions for voting on the DRE units which shall be prominently posted within each voting booth and at least two sample ballots for the primary or election which shall be prominently posted outside the enclosed space within the polling place; (3) Ensure that each DRE units tabulating mechanism is secure throughout the day during the primary or election; and (4) Provide at least one DRE unit accessible to disabled electors at each precinct; and (5) Provide such other materials and supplies as may be necessary or required by law." SECTION 12.
Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 21-2-381, relating to making of application for absentee ballot, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Not Except as otherwise provided in Code Section 21-2-219, not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile

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transmission, or in person in the registrars or absentee ballot clerks office, an application for an official ballot of the electors precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or municipality or a physically disabled elector residing within the county or municipality, the application for the electors absentee ballot may, upon satisfactory proof of relationship, be made by such electors mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. Except in the case of physically disabled electors residing in the county or municipality, no absentee ballot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the electors voter registration record or a temporary out-of-county or out-of-municipality address. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign such electors own application because of illiteracy or physical disability, the elector shall make such electors mark, and the person filling in the rest of the application shall sign such persons name below it as a witness. One timely and proper application for an absentee ballot for use in a primary or election shall be sufficient to require the mailing of the absentee ballot for such primary or election as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates and any runoffs resulting therefrom all primaries and elections for federal offices and any runoffs therefrom, including presidential preference primaries, held during the period beginning upon the receipt of such absentee ballot application and extending through the second regularly scheduled general election in which federal candidates are on the ballot occurring thereafter to an eligible absentee elector who lives outside the county or municipality in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen. Any elector meeting criteria of advanced age or disability specified by rule or regulation of the Secretary of State may request in writing on one application a ballot for a primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates as well as any runoffs resulting therefrom. If not so requested by such person a separate and distinct application shall be required for each primary, run-off primary, election, and run-off election. Notwithstanding the foregoing Except as otherwise provided in this paragraph, a separate and distinct application for an absentee ballot shall always be required for the

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presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary."
SECTION 13. Said chapter is further amended by striking Code Section 21-2-383, relating to preparation and delivery of ballots, and inserting in lieu thereof a new Code Section 21-2383 to read as follows:
"21-2-383. Ballots for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars or absentee ballot clerk as provided in Code Section 21-2-384. Such ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties using voting machines or vote recorders direct recording electronic (DRE) units the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot to be machine tabulated. Every such ballot shall have printed with other instructions thereon the following:
'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.' The form for either ballot shall be determined and prescribed by the Secretary of State, except in municipal primaries or elections, in which the form of absentee ballots which follows the paper ballot format shall be determined and prescribed by the superintendent."
SECTION 14. Said chapter is further amended by striking subsections (b) and (c) of Code Section 21-2384, relating to oath of absentee electors, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) In addition to the mailing envelope, the superintendent, board of registrars, or absentee ballot clerk shall provide two envelopes for each official absentee ballot, of such size and shape as shall be determined by the Secretary of State, in order to permit the placing of one within the other and both within the mailing envelope. On the smaller of the two envelopes to be enclosed in the mailing envelope shall be printed the words 'Official Absentee Ballot' and nothing else. On the back of the larger of the two envelopes to be enclosed within the mailing envelope shall be printed the form of oath of the elector and the oath for persons assisting electors, as provided for in Code Section 21-2-409, and the penalties provided for in Code Sections 21-2-568, 21-2-573, 21-2-579, and 21-2-599 for violations of oaths; and on the face of such envelope shall be printed the name and address of the board of registrars or absentee ballot clerk. The mailing envelope addressed to the elector shall contain the two envelopes, the official absentee ballot, and the uniform instructions for the manner of preparing and returning the ballot, in form and substance as provided by the Secretary of State and nothing else.

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The uniform instructions shall include information specific to the voting system used for absentee voting concerning the effect of overvoting or voting for more candidates than one is authorized to vote for a particular office and information concerning how the elector may correct errors in voting the ballot before it is cast including information on how to obtain a replacement ballot if the elector is unable to change the ballot or correct the error.
(c)(1) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form:
I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is __________ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.

____________________ Electors Residence Address

________________________ Electors Place of Birth

____________________ Month and Day of Elector's Birth

__________________________ Signature or Mark of Elector

Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such electors absentee ballot as such elector personally communicated such electors preference to me; that I am satisfied that such elector presently possesses the disability noted below; and that by reason of such disability such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409. This, the ______ day of _________________. ________________________ Signature of Person Assisting Elector -- Relationship
Reason for assistance (Check appropriate square):

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( ) Elector is unable to read the English language. ( ) Elector has following physical disability _______________________________. The forms upon which such oaths are printed shall contain the following information: Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary or election. Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty of a misdemeanor. (2) In the case of absent uniformed services or overseas voters, if the Presidential designee under Section 705(b) of the federal Help America Vote Act promulgates a standard oath for use by such voters, the Secretary of State shall be required to use such oath on absentee ballot materials for such voters and such oath shall be accepted in lieu of the oath set forth in paragraph (1) of this subsection."
SECTION 15. Said chapter is further amended by striking subsection (a) of Code Section 21-2-385, relating to procedure for voting by absentee ballot, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At any time after receiving an official absentee ballot, but before the day of the primary or election, except electors who are confined to a hospital on the day of the primary or election, the elector shall vote his or her absentee ballot, then fold the ballot and enclose and securely seal the same in the envelope on which is printed 'Official Absentee Ballot.' This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector, the name, relationship, and oath of the person assisting, if any, and other required identifying information. The elector shall then fill out, subscribe, and swear to the oath printed on such envelope. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the board of registrars or absentee ballot clerk, provided that delivery by a physically disabled elector may be made by any adult person upon satisfactory proof that such adult person is such electors mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, motherin-law, father-in-law, brother-in-law, sister-in-law, or an individual residing in the household of such disabled elector. An elector who is confined to a hospital on a primary or election day to whom an absentee ballot is delivered by the registrar or absentee ballot clerk shall then and there vote the ballot, seal it properly, and return it to the registrar or absentee ballot clerk. If the elector registered to vote for the first time in this state by mail and has not previously provided the identification required by Code Section 21-2-220 and votes for the first time by absentee ballot and fails to provide the identification required by Code Section 21-2-220 with such absentee ballot, such absentee ballot shall be treated as a provisional ballot and shall be counted only if the registrars are able to verify the identification and registration of the elector during the time provided pursuant to Code Section 21-2-419."

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SECTION 16. Said chapter is further amended by striking subsection (b) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) As soon as practicable after 12:00 Noon on the day of the primary or election, in precincts other than those in which vote recorders or optical scanning tabulators are used, a registrar or absentee ballot clerk shall deliver the official absentee ballot of each certified absentee elector, each rejected absentee ballot, applications for such ballots, and copies of the numbered lists of certified and rejected absentee electors to the manager in charge of the absentee ballot precinct of the county or municipality, which shall be located in the precincts containing the county courthouse or polling place designated by the municipal superintendent. In those precincts in which vote recorders or optical scanning tabulators are used, such absentee ballots shall be taken to the tabulation center or other place designated by the superintendent, and the official receiving such absentee ballots shall issue his or her receipt therefor. In no event shall the counting of the ballots begin before the polls close."
SECTION 17. Said chapter is further amended by striking subsection (c) of Code Section 21-2-400, relating to duty of superintendent to obtain cards of instruction, blank forms of oaths, and other forms and supplies, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In those counties and municipalities which employ the use of vote recorders or voting machines, the The superintendent shall prepare sample or facsimile ballots or ballot labels, as the case may be, for each general election which shall contain each question and the candidates who are offering for election for each office which will be voted upon in the county or municipality. The superintendent shall maintain such sample or facsimile ballots or ballot labels at the county courthouse for distribution upon request to interested electors. Such sample or facsimile ballots or ballot labels shall comply with Code Section 21-2-575."
SECTION 18. Said chapter is further amended by striking subsection (c) of Code Section 21-2-408, relating to poll watchers, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In counties or municipalities using vote recorders direct recording electronic (DRE) voting systems or optical scanning voting systems, each political party may appoint two poll watchers in each primary or election, each political body may appoint two poll watchers in each election, each nonpartisan candidate may appoint one poll watcher in each nonpartisan election, and each independent candidate may appoint one poll watcher in each election to serve in the locations designated by the superintendent within the tabulating center. Such designated locations shall include the check-in area,

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the computer room, the duplication area, and such other areas as the superintendent may deem necessary to the assurance of fair and honest procedures in the tabulating center. The poll watchers provided for in this subsection shall be appointed and serve in the same manner as other poll watchers."
SECTION 19. Said chapter is further amended by striking subsection (a) and paragraph (2) of subsection (b) of Code Section 21-2-409, relating to assisting electors who cannot read English or have physical disabilities, and inserting in lieu thereof a new subsection (a) and paragraph (2) of subsection (b) to read as follows:
"(a) No elector shall receive any assistance in voting at any primary or election unless he or she is unable to read the English language or he or she has a physical disability which renders him or her unable to see or mark the ballot or operate the voting machine or vote recorder equipment or to enter the voting compartment or booth without assistance and the poll officers are satisfied that he or she suffers from the disability. The elector shall take an oath that shall be administered to him or her and placed in writing by a manager, giving the reason why the elector requires assistance. The printed name and the signature of such person assisting the elector shall be provided on the oath. Except that an for a blind elector, before an elector shall be permitted to receive assistance, the elector shall take an oath which shall be administered to him or her and placed in writing by a manager, giving the reason why the elector requires assistance. The name of each person assisting the elector shall be endorsed on the oath. An elector who declares that by reason of blindness he or she is unable to cast a vote as he or she wishes and who in the judgment of a manager is blind may receive assistance on the basis of the blind electors declaration without the necessity of an oath. The printed name and the signature of each such person assisting a blind elector shall be shown provided on the declaration." "(2) In all other elections, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select (1) any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (2) the mother, father, sister, brother, spouse, or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him or her to assist in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten such electors in any primary, election, or runoff covered by this paragraph. No person whose name appears on the ballot as a candidate at a particular election nor the mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of that candidate may offer assistance during that particular election under the provisions of this Code section to any voter who is not related to such candidate. For the purposes of this paragraph, 'related to such candidate' shall mean the candidates mother, father, grandparent, aunt, uncle, sister, brother, spouse, son,

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daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law."
SECTION 20. Said chapter is further amended by striking subsection (f) of Code Section 21-2-413, relating to conduct of voters, campaigners, and others at polling places generally, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) All persons except poll officers, poll watchers, persons in the course of voting and such persons children under 18 years of age accompanying such persons, persons lawfully giving assistance to electors, duly authorized investigators of the State Election Board, and peace officers when necessary for the preservation of order, must remain outside the enclosed space during the progress of the voting. Notwithstanding any other provision of this chapter, any elector shall be permitted to be accompanied into the enclosed area and into a voting compartment or voting machine booth while voting by such electors child or children under 18 years of age unless the poll manager or an assistant manager determines in his or her sole discretion that such child or children are causing a disturbance or are interfering with the conduct of voting. Children accompanying an elector in the enclosed space pursuant to this subsection shall not in any manner handle any ballot nor operate any function of a of the voting machine or vote recorder equipment under any circumstances."
SECTION 21. Said chapter is further amended by striking Code Section 21-2-417, relating to presentation of identification to poll workers, and inserting in lieu thereof a new Code Section 21-2-417 to read as follows:
"21-2-417. (a) Each elector shall present proper identification to a poll worker at or prior to completion of a voters certificate at any polling place and prior to such persons admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following:
(1) A valid Georgia drivers license; (2) A valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification; (3) A valid United States passport; (4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state; (5) A valid employee identification card containing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employers business;

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(6) A valid student identification card containing a photograph of the elector from any public or private college, university, or postgraduate technical or professional school located within the State of Georgia; (7) A valid Georgia license to carry a pistol or revolver; (8) A valid pilots license issued by the Federal Aviation Administration or other authorized agency of the United States; (9) A valid United States military identification card; (10) A certified copy of the electors birth certificate; (11) A valid social security card; (12) Certified naturalization documentation; or (13) A certified copy of court records showing adoption, name, or sex change; (14) A current utility bill, or a legible copy thereof, showing the name and address of the elector; (15) A bank statement, or a legible copy thereof, showing the name and address of the elector; (16) A government check or paycheck, or a legible copy thereof, showing the name and address of the elector; or (17) A government document, or a legible copy thereof, showing the name and address of the elector. (b) If an elector is unable to produce any of the items of identification listed in subsection (a) of this Code section, he or she shall sign a statement under oath in a form approved by the Secretary of State, separate and distinct from the electors voter certificate, swearing or affirming that he or she is the person identified on the electors voter certificate. Such person shall be allowed to vote without undue delay; provided, however, that an elector who registered for the first time in this state by mail and did not provide one of the forms of identification set forth in subsection (a) of this Code section at the time of registration and who is voting for the first time may vote a provisional ballot pursuant to Code Section 21-2-418 upon swearing or affirming that the elector is the person identified in the electors voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in this Code section within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement."
SECTION 22. Said chapter is further amended by adding new subsections (d), (e), (f), and (g) to Code Section 21-2-418, relating to provisional ballots, to read as follows:
"(d) Notwithstanding any provision of this chapter to the contrary, in the event that the time for closing the polls at a polling place or places is extended by court order, all electors who vote during such extended time period shall vote by provisional ballot only. Such ballots shall be separated and held apart from other provisional ballots cast by electors during normal poll hours.

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(e) The registrars shall establish a free access system, such as a toll-free telephone number or Internet website, by which any elector who casts a provisional ballot in a primary or election, or runoff of either, in which federal candidates are on the ballot may ascertain whether such ballot was counted and, if such ballot was not counted, the reason why such ballot was not counted. The registrars shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used by such free access system. Access to such information about an individual provisional ballot shall be restricted to the elector who cast such ballot. (f) At the time an elector casts a provisional ballot, the poll officers shall give the elector written information that informs the elector of the existence of the free access system required by subsection (e) of this Code section by which the elector will be able to ascertain if his or her ballot was counted and, if such ballot was not counted, the reason why such ballot was not counted. (g) Failure to establish such free access system shall subject the registrars and the county by which the registrars are employed to sanctions by the State Election Board."
SECTION 23. Said chapter is further amended by striking subsection (c) of Code Section 21-2-438, relating to ballots identifying voter, not marked, or improperly marked declared void, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Notwithstanding any other provisions of this chapter to the contrary and in accordance with the rules and regulations of the State Election Board promulgated pursuant to paragraph (7) of Code Section 21-2-31, if the elector has marked his or her ballot in such a manner that he or she has indicated clearly and without question the candidate for whom he or she desires to cast his or her vote, his or her ballot shall be counted and such candidate shall receive his or her vote, notwithstanding the fact that the elector in indicating his or her choice may have marked his or her ballot in a manner other than as prescribed by this chapter."
SECTION 24. Said chapter is further amended by repealing and reserving Part 4 of Article 11.
SECTION 25. Said chapter is further amended by striking Code Section 21-2-482, relating to absentee ballots for precincts using optical scanning voting equipment, and inserting in lieu thereof a new Code Section 21-2-482 to read as follows:
"21-2-482. Ballots in a precinct using optical scanning voting equipment for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars as provided in Code Section 21-2-384. Such ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for

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ballots required by Article 8 of this chapter, except that in counties or municipalities using voting machines, vote recorders direct recording electronic (DRE) units, or optical scanners, the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot to be machine tabulated. Every such ballot shall have printed on the face thereof the following: 'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.' The form for either ballot shall be determined and prescribed by the Secretary of State."
SECTION 26. Said chapter is further amended by striking subsection (g) of Code Section 21-2-483, relating to the counting of ballots, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g)(1) The precinct tabulator shall be programmed to return to the voter at the time that the voter inserts the ballot any ballot on which an overvote is indicated, along with any ballot that cannot be processed by the tabulator for reevaluation or correction or spoiling of the ballot, and a new ballot shall be issued if needed the voter desires to vote another ballot in order to correct mistakes, overvotes, or other problems.
(2)(A) The central tabulator shall be programmed to reject any ballot, including absentee ballots, on which an overvote is detected and any ballot so rejected shall be manually reviewed by the vote review panel described in this Code section to determine the voters intent as described in subsection (c) of Code Section 21-2438. (B) In a partisan election, the vote review panel shall be composed of the election superintendent or designee thereof and one person appointed by the county executive committee of each political party and body having candidates whose names appear on the ballot for such election, provided that, if there is no organized county executive committee for a political party or body, the person shall be appointed by the state executive committee of the political party or body. In a nonpartisan election, the panel shall be composed of the election superintendent or designee thereof and two electors of the county, in the case of a county election, or the municipality, in the case of a municipal election, appointed by the chief judge of the superior court of the county in which the election is held or, in the case of a municipality which is located in more than one county, of the county in which the city hall of the municipality is located. The panel shall manually review all ballots rejected by the tabulator under subparagraph (A) of this paragraph and shall determine by majority vote whether the electors intent can be determined as described in subsection (c) of Code Section 21-2-438 and, if so, said vote shall be counted as the elector intended. In the event of a tie vote by the vote review panel, the vote of the election superintendent or designee thereof shall control."

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SECTION 27. Said chapter is further amended by striking subsections (c) and (e) of Code Section 21-2493, relating to computation, canvassing, and tabulation of returns, and inserting in lieu thereof new subsections (c) and (e) to read as follows:
"(c) In precincts in which paper ballots or vote recorders have been used, the superintendent may require the production of the ballot box and the recount of the ballots contained in such ballot box, either generally or respecting the particular office, nomination, or question as to which the excess exists, in the discretion of the superintendent, and may require the correction of the returns in accordance with the result of such recount. If the ballot box is found to contain more ballots than there are electors registered in such precinct or more ballots than the number of voters who voted in such precinct at such primary or election, the superintendent may, in his or her discretion, exclude the poll of that precinct, either as to all offices, candidates, questions, or parties and bodies or as to any particular offices, candidates, questions, or parties and bodies, as to which such excess exists." "(e) In precincts in which paper ballots or vote recorders have been used, the general returns made by the poll officers from the various precincts shall be read one after another in the usual order, slowly and audibly, by one of the assistants who shall, in each case of a return from a precinct in which ballots were used, read therefrom the number of ballots issued, spoiled, canceled, and cast, respectively, whereupon the assistant having charge of the records of the superintendent showing the number of ballots furnished for each precinct, including the number of stubs and unused ballots and spoiled and canceled ballots returned, shall publicly announce the number of the same respectively; and, unless it appears by such number or calculations therefrom that such records and such general return correspond, no further returns shall be read from the latter until all discrepancies are explained to the satisfaction of the superintendent."
SECTION 28. Said chapter is further amended by striking subsection (a) of Code Section 21-2-495, relating to procedure for recount or recanvass of votes, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In precincts where paper ballots or vote recorders have been used, the superintendent may, either of his or her own motion or upon petition of any candidate or political party, order the recount of all the ballots for a particular precinct or precincts for one or more offices in which it shall appear that a discrepancy or error, although not apparent on the face of the returns, has been made. Such recount may be held at any time prior to the certification of the consolidated returns by the superintendent and shall be conducted under the direction of the superintendent. Before making such recount, the superintendent shall give notice in writing to each candidate and to the county or municipal chairperson of each party or body affected by the recount. Each such candidate may be present in person or by representative, and each such party or body may send two representatives to be present at such recount. If upon

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such recount, it shall appear that the original count by the poll officers was incorrect, such returns and all papers being prepared by the superintendent shall be corrected accordingly."
SECTION 29. Said chapter is further amended by striking Code Section 21-2-500, relating to delivery of voting materials, and inserting in lieu thereof a new Code Section 21-2-500 to read as follows:
"21-2-500. (a) Immediately upon completing the returns required by this article, in the case of elections other than municipal elections, the superintendent shall deliver in sealed containers to the clerk of the superior court or, if designated by the clerk of the superior court, to the county records manager or other office or officer under the jurisdiction of a county governing authority which maintains or is responsible for records, as provided in Code Section 50-18-99, the used and void ballots and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of each numbered list of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the superintendent shall deliver copies of the voting machine and vote recorder ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, computer programming decks for ballot tabulation programs, and similar items or an electronic record of the program by which votes are to be recorded or tabulated, which is captured prior to the election, and which is stored on some alternative medium such as a CD-ROM or floppy disk simultaneously with the burning programming of the PROM or other memory storage device. The clerk, county records manager, or the office or officer designated by the clerk shall hold such ballots and other documents under seal, unless otherwise directed by the superior court, for at least 24 months, after which time they shall be presented to the grand jury for inspection at its next meeting. Such ballots and other documents shall be preserved in the office of the clerk, county records manager, or officer designated by the clerk until the adjournment of such grand jury, and then they may be destroyed, unless otherwise provided by order of the superior court. (b) The superintendent shall retain all unused ballots for 30 days after the election or primary and, if no challenge or contest is filed prior to or during that period that could require future use of such ballots, may thereafter destroy such unused ballots. If a challenge or contest is filed during that period that could require the use of such ballots, they shall be retained until the final disposition of the challenge or contest and, if remaining unused, may thereafter be destroyed. (c) Immediately upon completing the returns required by this article, the municipal superintendent shall deliver in sealed containers to the city clerk the used and void ballots and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of each numbered list of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the municipal superintendent shall deliver copies of the voting machine and vote recorder ballot labels, computer chips containing ballot tabulation programs, copies of computer

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records of ballot design, computer programming decks for ballot tabulation programs, and similar items or an electronic record of the program by which votes are to be recorded or tabulated, which is captured prior to the election, and which is stored on some alternative medium such as a CD-ROM or floppy disk simultaneously with the programming of the PROM or other memory storage device. Such ballots and other documents shall be preserved under seal in the office of the city clerk for at least 24 months; and then they may be destroyed unless otherwise provided by order of the mayor and council if a contest has been filed or by court order, provided that the electors list, voters certificates, and duplicate oaths of assisted electors shall be immediately returned by the superintendent to the county or municipal registrar as appropriate."
SECTION 30. Said chapter is further amended by striking paragraph (8) of Code Section 21-2-566, relating to interference with primaries and elections generally, and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) Willfully tampers with any electors list, voters certificate, numbered list of voters, ballot box, voting machine, vote recorder direct recording electronic (DRE) equipment, or tabulating machine".
SECTION 31. Said chapter is further amended by striking paragraph (3) of Code Section 21-2-579, relating to fraudulently allowing ballot, ballot card, or voting machine to be seen, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Without having made the affirmation under oath or declaration required by Code Section 21-2-409, or when the disability which he or she declared at the time of registration no longer exists, permits another to accompany him or her into the voting compartment or voting machine booth or to mark his or her ballot or ballot card or to register his or her vote on the voting machine or vote recorder direct recording electronic (DRE) equipment; or".
SECTION 32. Said chapter is further amended by striking Code Section 21-2-582, relating to tampering with, damaging, or preventing of proper operation of vote recorders or tabulating machines, and inserting in lieu thereof the following:
"21-2-582. Any person who tampers with or damages any vote recorder direct recording electronic (DRE) equipment or tabulating machine computer or device to be used or being used at or in connection with any primary or election or who prevents or attempts to prevent the correct operation of any vote recorder direct recording electronic (DRE) equipment or tabulating machine computer or device shall be guilty of a felony."

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SECTION 33. Said chapter is further amended by striking Code Section 21-2-582.1, relating to penalty for voting equipment modification, and inserting in lieu thereof a new Code Section 21-2582.1 to read as follows:
"21-2-582.1. (a) For the purposes of this Code section, the term 'voting equipment' shall mean a voting machine, vote recorder, tabulating machine, optical scanning voting system, or direct recording electronic recording voting system. (b) Any person or entity, including but not limited to a manufacturer or seller of voting equipment, who alters, modifies, or changes any aspect of such voting equipment without prior approval of the Secretary of State is guilty of a felony."
SECTION 34. Said chapter is further amended by striking paragraph (6) of Code Section 21-2-587, relating to frauds by poll officers, and inserting in lieu thereof a new Code Section 21-2587 to read as follows:
"(6) Tampers with any voting machine, vote recorder direct recording electronic (DRE) equipment, or tabulating machine computer or device;".
SECTION 35. All laws and parts of laws in conflict with this Act are repealed.
Senator Unterman of the 45th asked unanimous consent that the Senate disagree to the House substitute to SB 258. The consent was granted, and the Senate disagreed to the House substitute to SB 258.
The following bill was taken up to consider House action thereto:
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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: The House substitute was as follows:
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, mentally ill, or mentally retarded 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, mentally ill, or mentally retarded persons if prosecuted for one of a list of specified offenses; to change provisions relating to records submitted to the center; 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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"35-3-34.1. Where an offender has been exonerated and discharged without court adjudication of guilt pursuant to Article 3 of Chapter 8 of Title 42, the center is authorized to provide the first offenders record of arrests, charges, or sentences 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; (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; or (4) The request for information is an inquiry about a person who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides services to persons who are mentally ill as defined in Code Section 37-3-1 or mentally retarded as defined in Code Section 37-4-2, and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering."
SECTION 3A. Said chapter is further amended in Code Section 33-3-36, relating to duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center, by striking subsection (e) in its entirety and inserting in lieu thereof the following:
"(e) All persons in charge of law enforcement agencies shall submit to the center detailed descriptions of arrest warrants and related identifying data for all felonies and for the misdemeanors and violations designated in subparagraph (a)(1)(A) of Code Section 35-3-33 immediately upon determination of the fact that the warrant cannot be served for the reasons stated. If the any such warrant is subsequently served or withdrawn, the law enforcement agency concerned must immediately notify the center of the service or withdrawal. In addition, the agency concerned must annually, no later than January 31 of each year, and at other times if requested by the center confirm to the center all such arrest warrants of this type which continue to be outstanding."
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

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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, 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; (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; or (4) The request for information is an inquiry about a person who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides

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services to persons who are mentally ill as defined in Code Section 37-3-1 or mentally retarded as defined in Code Section 37-4-2, and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering."
SECTION 6. This Act shall become effective on July 1, 2004, except that Section 3A shall become effective on July 1, 2003.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Butler of the 55th moved that the Senate agree to the House substitute to SB 22.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman

Y Harbison

E Seay

Y Balfour

Y Harp

Y Shafer

Y Blitch

Y Henson

Y Smith,F

Y Bowen

Y Hill

Y Smith,P

Y Brown

E Hooks

Y Squires

Brush

Y Hudgens

Starr

Y Bulloch

Y Jackson

Y Stephens

Y Butler

Y Johnson

Y Stokes

Y Cagle

Y Kemp,B

Y Tanksley

Y Cheeks

Y Kemp,R

Tate

Y Clay

Y Lamutt

Y Thomas,D

Y Collins

Y Lee

Y Thomas,N

Y Crotts

Levetan

Y Thomas,R

Y Dean

Y Me V Bremen

Y Thompson

Fort

Y Moody

Y Tolleson

Y Gillis

Y Mullis

Y Unterman

Y Golden

Y Price

Y Williams

Y Hall

Reed

Y Zamarripa

Y Hamrick

Y Seabaugh

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 22.

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.

The Calendar was resumed.

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2323

The following general bill of the House, having been read the third time and final action suspended on Tuesday, April 14, 2003, pursuant to Senate Rule 143, and placed on the Senate Calendar for today, was continued upon its passage:
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.
Senate Sponsor: Senator Kemp of the 46th.
The amendment offered by Senators Johnson of the 1st and Kemp of the 46th as it appears in the Journal of Tuesday, April 14, 2003, was automatically reconsidered.
On the adoption of the amendment, the yeas were 29, nays 0, and the Johnson, Kemp of the 46th amendment #1 was adopted.
Senator Seabaugh of the 28th offered the following amendment #2:
Amend HB 597 by striking lines 32 and 33 of page 3 and inserting in lieu thereof the following:
"shall be a resident of this state. Five members of the board shall be certified public accountants, all of whom shall".
By striking lines 5, 6, and 7 of page 4 and inserting in lieu thereof the following: "of his or her successor."
On the adoption of the amendment, the yeas were 41, nays 0, and the Seabaugh amendment #2 was adopted.
Senator Thompson of the 33rd offered the following amendment #3:
Amend HB 597 by striking a Section on page 23, beginning on Line 22 and ending on Line 25 and renumbering the bill accordingly.
On the adoption of the amendment, the yeas were 14, nays 16, and the Thompson 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 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 Brown
Brush 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 N Henson Y Hill E Hooks Y Hudgens
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 N 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 2.

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

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 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.

Senate Sponsor: Senator Clay of the 37th.

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

THURSDAY, APRIL 17, 2003

2325

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
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 E Hooks Y Hudgens Y Jackson Y Johnson Y 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
Tate Y Thomas,D
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 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:

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

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

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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.
The House has disagreed to the Senate substitute to the following Bill of the House:
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.
The Calendar was resumed.
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.
Senate Sponsor: Senator Johnson of the 1st.
The Senate Insurance and Labor Committee offered the following substitute to HB 792:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to parties in civil actions, is amended by striking Code Section 9-11-23, relating to class actions, and inserting in its place a new Code Section 9-11-23 to read as follows:
"9-11-23.

THURSDAY, APRIL 17, 2003

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(a) Representation. If persons constituting a class are so numerous as to make it impracticable to bring them all before the court, such of them, one or more, as will fairly ensure the adequate representation of all may, on behalf of all, bring or defend an action when the character of the right sought to be enforced for or against the class is:
(1) Joint, or common, or secondary in the sense that the owner of a primary right refuses to enforce that right and a member of the class thereby becomes entitled to enforce it; or (2) Several, and the object of the action is the adjudication of claims which do or may affect specific property involved in the action. (b) Secondary action by shareholders. In an action brought to enforce a secondary right on the part of one or more shareholders in an association, incorporated or unincorporated, because the association refuses to enforce rights which may properly be asserted by it, the complaint shall be verified by oath and shall aver that the plaintiff was a shareholder at the time of the transaction of which he or she complains or that his or her share thereafter devolved on him or her by operation of law. The complaint shall also set forth with particularity the efforts of the plaintiff to secure from the managing directors or trustees such actions as the plaintiff desires and the reasons for his or her failure to obtain such action or the reasons why irreparable injury to the association, incorporated or unincorporated, would result by waiting for 90 days from the date of the demand upon the managing directors or trustees. This Code section is cumulative of Code Section 14-2-831. (c) Dismissal or compromise. A class action shall not be dismissed or compromised without the approval of the court. If the right sought to be enforced is one defined in paragraph (1) of subsection (a) of this Code section, notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs. If the right is one defined in paragraph (2) of subsection (a) of this Code section, notice shall be given only if the court requires it. 9-11-23. (a) One or more members of a class may sue or be sued as representative parties on behalf of all only if: (1) The class is so numerous that joinder of all members is impracticable; (2) There are questions of law or fact common to the class; (3) The claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) The representative parties will fairly and adequately protect the interests of the class. (b) An action may be maintained as a class action if the prerequisites of subsection (a) of this Code section are satisfied, and, in addition: (1) The prosecution of separate actions by or against individual members of the class would create a risk of:
(A) Inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class; or

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(B) Adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; (2) The party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or (3) The court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A) The interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) The extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) The desirability or undesirability of concentrating the litigation of the claims in the particular forum; and (D) The difficulties likely to be encountered in the management of a class action. (c)(1) As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained. An order under this subsection may be conditional, and may be altered or amended before the decision on the merits. (2) In any class action maintained under paragraph (3) of subsection (b) of this Code section, the court shall direct to the members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice shall advise each member that: (A) The court will exclude the member from the class if the member so requests by a specified date; (B) The judgment, whether favorable or not, will include all members who do not request exclusion; and (C) Any member who does not request exclusion may, if the member desires, enter an appearance through counsel. (3) The judgment in an action maintained as a class action under paragraph (1) or (2) of subsection (b) of this Code section, whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action under paragraph (3) of subsection (b) of this Code section, whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in paragraph (2) of subsection (b) of this Code section was directed, and who have not requested exclusion, and whom the court finds to be members of the class. (4) When appropriate: (A) An action may be brought or maintained as a class action with respect to particular issues; or

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(B) A class may be divided into subclasses and each subclass treated as a class, and the provisions of this rule shall then be construed and applied accordingly. (d) In the conduct of actions to which this rule applies, the court may make appropriate orders: (1) Determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument; (2) Requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in such manner as the court may direct to some or all of the members of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action; (3) Imposing conditions on the representative parties or on intervenors; and (4) Requiring that the pleadings be amended to eliminate therefrom allegations as to representation of absent persons, and that the action proceed accordingly. The orders may be combined with other orders, and may be altered or amended by the court as may be desirable from time to time. (e) A class action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs. (f)(1) No class of civil litigants shall be certified or recognized by any court of the State of Georgia unless there shall have been compliance with the procedures for certification of the class set forth in this subsection. (2) As soon as practicable after the commencement of an action in which claims or defenses are purported to be asserted on behalf of or against a class, or as soon as practicable after such assertions in an amended pleading, but in no event prior to the time allowed by law for each party, including, but not limited to, counterclaim, crossclaim, and third-party defendants to file an answer or other pleading responsive to the complaint, counterclaim, cross-claim, or third-party claim, the court shall hold a conference among all named parties to the action for the purpose of establishing a schedule, in the same manner and to the same extent contemplated by Code Section 911-16, for any discovery in which the parties may wish to engage which is both allowed by Code Section 9-11-26 through Code Section 9-11-37 and germane to the issue of whether the requested class should or should not be certified. At this conference, the court may set a date for a hearing on the issue of class certification, but such hearing may not be set sooner than 90 days after the date on which the court issues its scheduling order pursuant to the conference unless a shorter time is agreed to by all parties. (3) Upon motion of any party, the court shall, except for good cause shown and even then only if the interests of justice require that it not do so, stay all discovery directed solely to the merits of the claims or defenses in the action until the court shall have made its decision regarding certification of the class. In considering such a motion, the court shall consider whether any prejudice to the plaintiff exists because of the

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filing by the defendant of a motion for summary judgment pursuant to Code Section 9-11-56 prior to the courts decision regarding class certification. (4) The court shall, on motion of any party, hold a full evidentiary hearing on class certification. The hearing shall be recorded, and all named parties to the action shall be given notice of the date, time, and place of the hearing by written notification given to the partys attorney, or if appearing pro se, to the party, no later than 60 days prior to the date set for the hearing. At the hearing, the parties shall be allowed to present, in the same manner as at trial, any admissible evidence in support of or in opposition to the certification of the class. (5) When deciding whether a requested class is to be certified, the court shall determine, by employing a rigorous analysis, if the party or parties requesting class certification have proved its or their entitlement to class certification under this Code section. The burden of coming forward with such proof shall at all times be on the party or parties seeking certification, and if such proof shall not have been adduced, the court shall not order certification of the class. In making this determination, the court shall analyze all factors required by this Code section for certification of a class and shall not order certification unless all such factors shall have been established. In announcing its determination, the court shall place in the record of the action a written order addressing all such factors and specifying the evidence, or lack of evidence, on which the court has based its decision with regard to whether each such factor has been established. In so doing, the court may treat a factor as having been established if all parties to the action have so stipulated on the record and if the court shall be satisfied that such factor could be proven to have been established. (6) Nothing in this Code section shall affect, or be construed to affect, any provision of Code Section 9-11-12 or Code Section 9-11-56. (g) A courts order certifying a class or refusing to certify a class action shall be appealable in the same manner as a final order to the appellate court which would otherwise have jurisdiction over the appeal from a final order in the action. Such appeal may only be filed within 42 days of the order certifying or refusing to certify the class. The filing of such appeal, the failure to file an appeal, or the affirmance of the certification or denial order shall in no way affect the right of any party, after the entry of final judgment, to appeal the earlier certification of, or refusal to certify, the class. If the appeal is not the first appeal taken by the party, the subsequent appeal shall be based upon the record at the time of final judgment and shall be considered by the court only to the extent that either the facts or controlling law relevant to certification have changed from that which existed or controlled at the time of the earlier certification or refusal to certify. During the pendency of any such appeal, the action in the trial court shall be stayed in all respects. Following adjudication on appeal or, if the initial appeal is to an intermediate appellate court, adjudication of the action on any writ of certiorari granted by the Supreme Court of Georgia, if the class is not to be certified, the stay in the trial court shall automatically dissolve and the trial court may proceed to adjudicate any remaining individual claims or defenses. If, after such appeal or procedure on writ of certiorari, the class is to be certified, the stay shall likewise dissolve and the trial

THURSDAY, APRIL 17, 2003

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court shall proceed with adjudication on the 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 this Code section."
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 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:

Adelman Y Balfour Y Blitch Y Bowen N 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 Y Harp Y Henson Y Hill E Hooks Y Hudgens Y Jackson Y Johnson Y 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
Starr Y Stephens
Stokes Y Tanksley
Tate Y Thomas,D
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 1.

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

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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.

Senate Sponsor: Senator Hamrick of the 30th.

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

Harbison

E Seay

Y Balfour

Y Harp

Y Shafer

Y Blitch

Y Henson

Y Smith,F

Y Bowen

Y Hill

Y Smith,P

Y Brown

E Hooks

Y Squires

Y Brush

Y Hudgens

Y Starr

Bulloch

Y Jackson

Y Stephens

Y Butler

Y Johnson

Stokes

Y Cagle

Y Kemp,B

Y Tanksley

Y Cheeks

E Kemp,R

Tate

Y Clay

Y Lamutt

Y Thomas,D

Y Collins

Lee

Y Thomas,N

Y Crotts

Y Levetan

Y Thomas,R

Y Dean

Y Me V Bremen

Y Thompson

Y Fort

Y Moody

Y Tolleson

Y Gillis

Y Mullis

Y Unterman

Y Golden

Y Price

Y Williams

Y Hall

Y Reed

Y Zamarripa

Y Hamrick

Y Seabaugh

On the passage of the bill, the yeas were 48, nays 0.

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

THURSDAY, APRIL 17, 2003

2333

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 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.

The Calendar was resumed.

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 insurance under a franchise group plan; to provide for definitions; to provide for conversion, portability, and continuation; and for other purposes.

Senate Sponsor: Senator Lamutt of the 21st.

The Senate Insurance and Labor Committee offered the following substitute to HB 619:

A BILL TO BE ENTITLED AN ACT

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; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subparagraphs (K) and (L) of paragraph (1) of subsection (a) of Code Section 3324-21.1, relating to group accident and sickness contracts, and inserting in lieu thereof new subparagraphs (K), (L), and (M) to read as follows:
"(K) A public health plan; or (L) A Peace Corps Act health benefit plan; or (M) A franchise group plan policy or certificate of coverage issued on an individual basis to a member of a franchise association pursuant to the provisions of subsection (c) of Code Section 33-30-1."
SECTION 2. Said title is further amended by adding a new subsection (c) to Code Section 33-30-1, relating to definitions of group accident and sickness insurance, to read as follows:
"(c)(1) As used in this subsection, the term: (A) 'Franchise association' means an association that is made up of individual members and that: (i) Has been actively in existence for at least three years; (ii) Has been formed and maintained in good faith for purposes other than obtaining insurance; (iii) Does not condition membership in the association on any health status related factor relating to an individual member; (iv) Allows any member of the association to apply for insurance offered through the association with the understanding that the insurer makes the determination as to acceptability for coverage based upon the insurers underwriting criteria; and (v) Does not make health insurance coverage offered through the association available other than in connection with membership in the association. (B) 'Franchise group plan' means a form of group accident and sickness insurance whereby an insurer issues a master policy to a franchise association for the benefit of individual members of such association. (C) 'Individual member' means only an individual person and his or her dependents and shall in no way be construed to include an employer and its employees or retired employees.
(2) The insurer issuing a franchise group plan may, but shall not be required to, individually underwrite each individual applicant who is a member of the franchise association and who applies for coverage under the plan. (3) The premium for such coverage shall be paid by the individual directly to the insurer and shall not be paid, directly or indirectly, by the employer of an individual member. (4) Coverage under the group franchise plan shall be deemed creditable coverage for the purposes of the federal Health Insurance Portability and Accountability Act of

THURSDAY, APRIL 17, 2003

2335

1996 and for purposes relating to conversions under Code Section 33-24-21.1 and relating to portability and continuation under Code Section 33-30-15. (5) The insurer may issue individual policies to each member or may issue individual certificates of coverage. If an individual certificate of coverage is issued, the insurer also must provide a complete copy of the group policy to the individual member upon request of such member."
SECTION 3. Said title is further amended by adding a new Code Section 33-30-1.2 to read as follows:
"33-30-1.2. Any franchise group plan issued on an individual basis to a member of a franchise association pursuant to the provisions of subsection (c) of Code Section 33-30-1 shall comply with the following written disclosures that must be made to individuals at the time of solicitation for the sale of insurance and upon application for such insurance:
(1) That membership in the association will allow such individual to apply for insurance but that the insurer will make the determination as to acceptability for coverage based upon the insurers underwriting criteria; (2) That insurance may not be offered to an association member if such member does not satisfy the insurers underwriting criteria or insurance may be offered at a higher rate; and (3) That rates for franchise association business are not regulated in Georgia and, therefore, may be subject to unregulated increases upon renewal."
SECTION 4. Said title is further amended by striking subparagraphs (K) and (L) of paragraph (2) of subsection (a) of Code Section 33-30-15, relating to continuation of similar coverage, and inserting in lieu thereof new subparagraphs (K), (L), and (M) to read as follows:
"(K) A public health plan; or (L) A Peace Corps Act health benefit plan; or (M) A franchise group plan policy or certificate of coverage issued on an individual basis to a member of a franchise association pursuant to the provisions of subsection (c) of Code Section 33-30-1."
SECTION 5. 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:

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Y Adelman

Y Harbison

Y Balfour

Y Harp

Y Blitch

Y Henson

Y Bowen

Y Hill

Y Brown

E Hooks

Y Brush

Y Hudgens

Y Bulloch

Y Jackson

Y Butler

Y Johnson

Y Cagle

Y Kemp,B

Y Cheeks

E 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 49, 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
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.

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.

Senate Sponsor: Senator Harp of the 16th.

Senators Lamutt of the 21st, Balfour of the 9th and Thomas of the 54th offered the following substitute to HB 261:

A BILL TO BE ENTITLED AN ACT

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

THURSDAY, APRIL 17, 2003

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drugs; to provide for exempt over-the-counter controlled substances; to require certain information to be included on certain prescription drug orders; to permit prescription drug orders to be transmitted by electronic means; 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 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 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding to Code Section 16-13-21, relating to definitions, new paragraphs (6.1), (6.2), and (12.5) to read as follows:
"(6.1) 'Dangerous drug' means any drug, other than a controlled substance, which cannot be dispensed except upon the issuance of a prescription drug order by a practitioner authorized under this chapter. (6.2) 'DEA' means the United States Drug Enforcement Administration." "(12.05) 'FDA' means the United States Food and Drug Administration."
SECTION 2. Said chapter is further amended by striking paragraphs (5) and (6) of Code Section 1613-25, relating to Schedule I controlled substances, and inserting in lieu thereof the following:
"(5) Any material, compound, mixture, or preparation which contains any quantity of the following substances, their salts, isomers (whether optical, position, or geometrics), and salts of isomers, unless specifically excepted, whenever the existence of these substances, their salts, isomers, and salts of isomers is possible within the specific chemical designation:
(A) Gamma hydroxybutyric acid (gamma hydroxy butyrate); provided, however, that this does not include any amount naturally and normally occurring in the human body; and (B) Sodium oxybate, when the FDA approved form of this drug is not:
(i) In a container labeled in compliance with subsection (a) or (b) of Code Section 26-3-8; and (ii) In the possession of:
(I) A registrant permitted to dispense the drug;

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(II) Any person other than to whom the drug was prescribed; or (III) Any person who attempts to or does unlawfully possess, sell, distribute, or give this drug to any other person; (6) Notwithstanding the fact that Schedule I substances have no currently accepted medical use, the General Assembly recognizes certain of these substances which are currently accepted for certain limited medical uses in treatment in the United States but have a high potential for abuse. Accordingly, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of methaqualone, including its salts, isomers, optical isomers, salts of their isomers, and salts of these optical isomers, is included in Schedule I.; (7) 2,5-Dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7); (8) 1-(3-Trifluromethylphenyl) Piperazine (TFMPP); (9) N-Benzylpiperazine (BZP)."
SECTION 3. Said chapter is further amended by striking paragraph (8) of Code Section 16-13-27, relating to Schedule III controlled substances, and inserting in its place the following:
"(8) Dronabinol (synthetic) in sesame oil and encapsulated in a U.S. Food and Drug Administration approved drug product also known as Marinol.; (9) Sodium oxybate, when the FDA approved form of this drug is in a container labeled in compliance with subsection (a) or (b) of Code Section 26-3-8, in the possession of a registrant permitted to dispense the drug, or in the possession of a person to whom it has been lawfully prescribed; (10) Buprenorphine."
SECTION 4. Said chapter is further amended by striking paragraph (9), designating said paragraph as reserved, and by adding a new paragraph (30.05) to subsection (a) of Code Section 1613-28, relating to Schedule IV controlled substances, to read as follows:
"(9) Dextropropoxyphene Reserved;" "(30.05) Propoxyphene (including all salts and optical isomers);".
SECTION 5. Said chapter is further amended by striking paragraph (2) from Code Section 16-13-29, relating to Schedule V controlled substances, and inserting in its place the following:
"(2) Buprenorphine Reserved." SECTION 6.
Said chapter is further amended by adding a new Code Section 16-13-29.2 to read as follows:
"16-13-29.2. The Georgia State Board of Pharmacy shall have the authority to exempt and control the sale of Schedule V controlled substances by rule which shall allow the sale of such substances without the need for issuance of a prescription from a medical practitioner

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and shall require such substances to be sold only in a pharmacy when such substances are sold without a prescription. Such substances shall be known as Exempt Over-theCounter (OTC) Schedule V Controlled Substances."
SECTION 7. Said chapter is further amended by striking subsection (b) and paragraph (2) of subsection (d) of Code Section 16-13-41, relating to prescriptions, and inserting in their respective places the following:
"(b) When a registered practitioner writes a prescription drug order to cause the dispensing of a Schedule II substance, he or she shall include the name and address of the person for whom it is prescribed, the kind and quantity of such Schedule II controlled substance, the directions for taking, the signature, and the name, address, telephone number, and federal DEA registration number of the prescribing practitioner. Such prescriptions shall be signed and dated by the prescribing practitioner on the date when issued, and the nature of such signatures shall be defined in regulations promulgated by the State Board of Pharmacy. Prescription drug orders for Schedule II controlled substances may be transmitted via facsimile machine or other electronic means only in accordance with regulations promulgated by the State Board of Pharmacy in accordance with Code Section 26-4-80 or 26-4-80.1, or in accordance with DEA regulations at 21 C.F.R. 1306."
"(2) When a registered practitioner writes a prescription drug order to cause the dispensing of a Schedule III, IV, or V controlled substance, he or she shall include the name and address of the person for whom it is prescribed, the kind and quantity of such controlled substance, the directions for taking, the signature, and the name, address, telephone number, and federal DEA registration number of the prescribing practitioner. Such prescriptions shall be signed and dated or may be issued orally by the prescribing practitioner on the date when issued, and the nature of the signature of the prescriber shall meet the guidelines set forth in Chapter 4 of Title 26, the regulations promulgated by the State Board of Pharmacy, or both such guidelines and regulations."
SECTION 8. Said chapter is further amended by striking from subsection (b) of Code Section 16-1371, relating to the list of dangerous drugs, the following paragraphs:
"(119.05) Butenafine;" "(349.7) Reserved;" "(529.9) Loratadine;" "(623.5) Mometazone;" "(752.2) Poractant Alpha;" "(1002) Triprolidine;".
SECTION 9. Said chapter is further amended by adding in the appropriate positions in subsection (b) of Code Section 16-13-71, relating to the list of dangerous drugs, the following

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paragraphs:
"(22.2) Almotriptan;" "(50.4) Anakinra;" "(68.15) Atomoxetine;" "(98.2) Bimatoprost;" "(102.5) Bivalirudin;" "(105.5) Bosentan;" "(105.7) Botulinum toxin (B);" "(119.05) Butenafine -- See exceptions;" "(146.6) Caspofungin;" "(151.45) Cefditoren;" "(240.5) Darbepoetin alfa;" "(251.5) Desloratadine;" "(293.5) Dimyristoyl;" "(325.3) Drospirenone;" "(325.4) Drotrecogin alfa;" "(325.5) Dutasteride;" "(346.5) Ertapenem;" "(349.7) Esomeprazole;" "(404.7) Fondaparinux;" "(406.2) Formoterol;" "(406.95) Frovatriptan;" "(408.9) Galantamine;" "(464.8) Imatinib;" "(474.2) Insulin aspart;" "(513.8) Letrozole;" "(529.9) Loratadine -- See exceptions;" "(623.5) Mometasone;" "(625.3) Moxidectin;" "(640.2) Nesiritide;" "(644.8) Nitisinone;" "(703.45) Perflexane;" "(703.65) Perflutren;" "(732.9) Pimecrolimus;" "(752.2) Poractant alfa;" "(930.9) Tadalafil;" "(931.55) Tegaserod;" "(931.85) Tenofovir;"

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"(932.3) Teriparatide;" "(974.4) Travoprost;" "(974.7) Treprostinil;" "(1002) Triprolidine -- See exceptions;" "(1021.8) Valdecoxib;" "(1022.2) Valganciclovir;" "(1037.5) Voriconazole;" "(1042.75) Ziprasidone;" "(1042.8) Zoledronic Acid;".
SECTION 10.
Said chapter is further amended by striking from subsection (c) of Code Section 16-13-
71, relating to the list of dangerous drugs, the following paragraphs: "(12) Insulin, All;" "(14.1) Miconazole -- when used as antifungal powder, cream, or both, and
containing not more than 4 percent of miconazole nitrate, and when used as a vaginal insert of up to 200 mg. in strength;".

SECTION 11.
Said chapter is further amended by adding in the appropriate positions in subsection (c)
of Code Section 16-13-71, relating to the list of dangerous drugs, the following
paragraphs: "(6.2) Butenafine -- when used with a strength of 1 percent or less as a topical preparation;" "(12) Insulin -- all injectable products which do not require a prescription drug order
and bear a label which indicates 'Rx Use Only' or are otherwise listed under
subsection (b) of this Code section; and no injectable insulin product may be sold
except by a pharmacy issued a permit by the State Board of Pharmacy or by a medical practitioner authorized to dispense medications;" "(13.7) Loratadine -- when used in a single dose of 10 mg. or less, including doses used in combination with other drugs provided for under this subsection;" "(14.1) Miconazole -- when used as antifungal powder or cream, or both, and
containing not more than 4 percent of miconazole, or when used as a vaginal insert and containing not more than 1,200 mg. of miconazole;" "(28.5) Triprolidine -- when a single dose is 5 mg. or less when combined in the
same preparation as one or more other drug products for use as an antihistamine or decongestant or an antihistimine and decongestant;".

SECTION 12. Said chapter is further amended by striking subsection (a) of Code Section 16-13-74, relating to written prescriptions for dangerous drugs, content, and signature, and inserting

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in its place the following: "(a) All written prescriptions prescription drug orders for dangerous drugs shall be dated as of, and be signed on, the date when issued and shall bear the full name and address of the patient, together with the name and strength of the drug, the quantity to be dispensed, complete directions for administration, the printed name, address, and telephone number of the practitioner, and the number of permitted refills. A practitioner may sign a prescription as he would sign a check or a legal document. The prescription shall be written with indelible pencil or indelible ink or typewritten and shall be manually signed by the practitioner. The prescription may be prepared by a secretary or other agent, for the signature of the practitioner, but the prescribing practitioner shall be responsible if the prescription does not conform in all essential respects to state and federal laws and regulations. A prescription drug order for a dangerous drug is not required to bear the DEA permit number of the prescribing practitioner. A prescription drug order for a dangerous drug may be prepared by the practitioner or the practitioners agent. The practitioners signature must appear on each prescription prepared by the practitioner or the practitioners agent and the nature of the practitioners signature must meet the guidelines set forth in Chapter 4 of Title 26, the regulations promulgated by the State Board of Pharmacy, or both such guidelines and regulations. Any practitioner who shall dispense dangerous drugs shall comply with the provisions of Code Section 16-13-73."
SECTION 13. This Act shall be known and may be cited as the "Patient Safe Prescription Drug Act."
SECTION 14. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding to Code Section 26-4-5, relating to definitions, new paragraphs (14.1) through (14.5), (18.05), and (38.5) to read as follows:
"(14.1) 'Electronic data prescription drug order' means any digitalized prescription drug order transmitted to a pharmacy, other than by facsimile, which contains the secure, personalized digital key, code, number, or other identifier used to identify and authenticate the prescribing practitioner in a manner required by state laws and board regulations and includes all other information required by state laws and board regulations. (14.2) 'Electronic data signature' means a secure, personalized digital key, code, number, or other identifier used for secure electronic data transmissions which identifies and authenticates the prescribing practitioner as a part of an electronic data prescription drug order transmitted to a pharmacy. (14.3) 'Electronic signature' means an electronic visual image signature or an electronic data signature of a practitioner which appears on an electronic prescription drug order. (14.4) 'Electronic visual image prescription drug order' means any exact visual image of a prescription drug order issued by a practitioner electronically and which bears an

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electronic reproduction of the visual image of the practitioners signature, is either printed on security paper and presented as a hard copy to the patient or transmitted by the practitioner via facsimile machine or equipment to a pharmacy, and contains all information required by state law and regulations of the board. (14.5) 'Electronic visual image signature' means any exact visual image of a practitioners signature which is reproduced electronically on a hard copy prescription drug order presented to the patient by the practitioner or is a prescription drug order transmitted to a pharmacy by a practitioner via facsimile machine or equipment." "(18.05) 'Hard copy prescription drug order' means a written, typed, reproduced, or printed prescription drug order prepared on a piece of paper." "(38.5) 'Security paper' means paper utilizing security features on which the electronic visual image prescription drug order of a practitioner is printed and presented to a patient so as to ensure that the prescription drug order is not subject to any form of copying, reproduction, or alteration, or any combination of copying, reproduction, or alteration, and may include a watermark produced by the electronic digital process when a prescription is printed to clearly show if a prescription has been reproduced or copied in an unauthorized manner."
SECTION 15. Said chapter is further amended by striking paragraph (36) of Code Section 26-4-5, relating to definitions, and inserting in its place the following:
"(36) 'Prescription drug order' means a lawful order of a practitioner for a drug or device for a specific patient; such order includes an electronic visual image prescription drug order and an electronic data prescription drug order."
SECTION 16. Said chapter is further amended by striking subsections (c), (i), and (l) of Code Section 26-4-80, relating to dispensing, electronically transmitted drug orders, refills, and Schedule II controlled substance prescriptions, and inserting in their respective places the following:
"(c) A prescription drug order may be accepted by a pharmacist, or pharmacy intern, or extern in written form, orally, via facsimile, or electronically via an electronic visual image prescription drug order, or an electronic data prescription drug order as set forth in this chapter or as set forth in regulations promulgated by the board. Provisions for accepting a prescription drug order for a Schedule II controlled substance are set forth in subsection (l) of this Code section, the boards regulations, or the regulations of the United States Drug Enforcement Administration in 21 C.F.R. 1306. Electronic prescription drug orders shall either be an electronic visual image of a prescription drug order or an electronic data prescription drug order and shall meet the requirements set forth in regulations promulgated by the board. A hard copy prescription prepared by a practitioner or a practitioners agent, which bears an electronic visual image of the practitioners signature and is not sent by facsimile, must be printed on security paper.

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Prescriptions transmitted either electronically or via facsimile shall meet the following requirements:
(1) Electronically transmitted prescription drug orders shall be transmitted by the practitioner or, in the case of a prescription drug order to be transmitted via facsimile, by the practitioner or the practitioners agent under supervision of the practitioner, to the pharmacy of the patients choice with no intervening person or intermediary having access to the prescription drug order; (2) Prescription drug orders transmitted by facsimile or computer shall include:
(A) In the case of a prescription drug order for a dangerous drug, the complete name and address of the practitioner; (B) In the case of a prescription drug order for a controlled substance, the complete name, address, and DEA registration number of the practitioner; (C) The telephone number of the practitioner for verbal confirmation; (D) The name and address of the patient; (E) The time and date of the transmission; and (F) The full name of the person transmitting the order; and (G) The signature of the practitioner in a manner as defined in regulations promulgated by the board or, in the case of a controlled substances prescription, in accordance with 21 C.F.R. 1301.22; (3) An electronically transmitted, issued, or produced prescription drug order which meets the requirements of this Code section shall be deemed the original order; (4) The pharmacist shall exercise professional judgment regarding the accuracy and authenticity of the any electronically transmitted, issued, or produced prescription drug order consistent with federal and state laws and rules and regulations adopted pursuant to the same; (5) An electronically transmitted encrypted, issued, or produced prescription drug order transmitted from a prescriber practitioner to a pharmacist shall be considered a highly confidential transaction and the said transmission, issuance, or production shall not be compromised by interventions, control, change, altering, or manipulation, or accessing patient record information by any other person or party in any manner whatsoever between the time after the practitioner has electronically transmitted, issued, or produced a prescription drug order and such order has been received by the pharmacy of the patients choice; (6) Any pharmacist that transmits, receives, or maintains any prescription or prescription refill either orally, in writing, or electronically shall ensure the security, integrity, and confidentiality of the prescription and any information contained therein; and (7) The board shall promulgate rules and regulations which may provide specific exceptions under this Code section for institutional settings such as hospital pharmacies, nursing home pharmacies, clinic pharmacies, or pharmacies owned or operated directly by health maintenance organizations." "(i) A written All prescription drug order orders must bear an original the signature of the prescribing practitioner or, in the case of physician assistants, must comply with all

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applicable laws regarding signatures. Further, the nature of such signature must meet the requirements set forth in regulations promulgated by the board. A physically applied signature stamp or other signature facsimile is not acceptable in lieu of an original signature. When an oral prescription drug order or the oral authorization for the refilling of a prescription drug order is received which is which has been transmitted by someone other than the practitioner, the name of the individual making the transmission and the date, time, and location of the origin of the transmission must be recorded on the original prescription drug order or other uniform record by the pharmacist receiving the transmission. No one other than the practitioner or an agent employed by the practitioner shall transmit such prescriptions in any manner." "(l) A Schedule II controlled substance prescription drug order in written form signed in indelible ink by the practitioner may be accepted by a pharmacist and the Schedule II controlled substance may be dispensed by such pharmacist. Other forms of Schedule II controlled substance prescription forms drug orders may be accepted by a pharmacist and the Schedule II controlled substance may be dispensed by such pharmacist in accordance with regulations promulgated by the board and in accordance with DEA regulations found in 21 C.F.R. 1306."
SECTION 17. Said chapter is further amended by adding at the end of Code Section 26-4-80, relating to dispensing, electronically transmitted drug orders, refills, and Schedule II controlled substance prescriptions, new subsections (m) and (n) to read as follows:
"(m) No licensee nor any other entity shall be permitted to provide facsimile machines or equipment, computer software, technology, hardware, or supplies related to the electronic transmission of prescription drug orders to any practitioner which restricts such practitioner from issuing prescription drug orders for certain prescription drugs or restricts a patient from choosing the retail pharmacy to which an electronic prescription drug order may be transmitted. (n) Institutions including, but not limited to, hospitals, long-term care facilities, and inpatient hospice facilities which utilize electronic medical record systems that meet the information requirements for prescription drug orders for patients pursuant to this Code section shall be considered to be in compliance with this Code section."
SECTION 18. Said chapter is further amended by striking subsection (g) of Code Section 26-4-81, relating to substitution of generic drugs for name brand drugs, and inserting in its place the following:
"(g) A practitioner of the healing arts may instruct the pharmacist not to substitute a generic name drug in lieu of a brand name drug by including the words 'brand necessary' in the body of the prescription. When a prescription is a hard copy prescription drug order, such Such indication of brand necessary must be in the

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practitioners own handwriting and shall not be printed, applied by rubber stamp, or any such similar means."
SECTION 19. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 20. All laws and parts of laws in conflict with this Act are repealed.

The President ruled the floor substitute out of order.

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 E Hooks Y Hudgens Y Jackson Y 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 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 50, nays 0.

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

The following bill was taken up to consider House action thereto:

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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.
Senator Cagle of the 49th asked unanimous consent that the Senate insist on its substitute to HB 544. The consent was granted, and the Senate insisted on its substitute to HB 544.
The following bill was taken up to consider House action thereto:
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.
Senator Clay of the 37th asked unanimous consent that the Senate insist on its substitute to HB 770. The consent was granted, and the Senate insisted on its substitute to HB 770.
The Calendar was resumed.
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.
Senate Sponsor: Senator Johnson of the 1st.

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Senators Zamarripa of the 36th and Fort of the 39th offered the following amendment:

Amend HB 493 by striking all matter on lines 4 and 5 of page 1 and inserting in place
thereof the following: "premises during certain hours; to provide that such authorization shall be by resolution or ordinance;".

By striking all matter beginning with line 20 of page 1 and ending with line 17 of page 2
and inserting in place thereof the following: "(b) Any governing authority desiring to permit and regulate alcoholic beverage sales pursuant to this Code section shall so provide by proper resolution or ordinance."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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

N Harbison N Harp N Henson N Hill E Hooks N Hudgens N 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
Seabaugh

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

On the adoption of the amendment, the yeas were 5, nays 40, and the Zamarripa, Fort amendment was lost.

The following communication was received by the Secretary:

April 17, 2003 Please register a Yes vote on my amendment # 1 to HB 493. My button was not working.

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2349

/s/ Sam Zamarripa of the 36th

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

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

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

On the passage of the bill, the yeas were 23, nays 24.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Thomas of the 10th moved that the Senate reconsider its action in defeating HB 493.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman N Balfour Y Blitch Y Bowen N Brown Y Brush

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

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

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

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

Stephens Y Stokes N Tanksley
Tate N Thomas,D Y Thomas,N
Thomas,R Thompson Y Tolleson Y Unterman N Williams Y Zamarripa

On the motion, the yeas were 29, nays 17; the motion prevailed, and HB 493 was reconsidered and, pursuant to Senate Rule 97, placed on the Senate General Calendar.

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.

Senate Sponsor: Senator Collins of the 6th.

The Senate Children and Youth Committee offered the following amendment:

Amend HB 479 by striking line 2 of page 1 and inserting in its place the following: "abuse, so as to provide for the adoption of a child abuse protocol that is not
inconsistent with the policies and procedures of the Division of Family and Children
Services of the Department of Human Resources; to change provisions relating to the county multiagency child fatality review".

By striking lines 7 and 8 of page 1 and inserting in their place the following:
"SECTION .5. Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, is amended by striking subsection (e) of Code Section 19-15-2, relating to child abuse protocol committee, written child abuse protocols, and training of members, and inserting in its place the following:

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'(e) The protocol committee shall, by July 1, 2001, adopt a written child abuse protocol

which shall be filed with the Division of Family and Children Services of the

Department of Human Resources and the Georgia Child Fatality Review Panel, a copy

of which shall be furnished to each agency in the county handling the cases of abused

children. The protocol shall be a written document outlining in detail the procedures to

be used in investigating and prosecuting cases arising from alleged child abuse and the

methods to be used in coordinating treatment programs for the perpetrator, the family,

and the child. The protocol shall also outline procedures to be used when child abuse

occurs in a household where there is violence between past or present spouses, persons

who are parents of the same child, parents and children, stepparents and stepchildren,

foster parents and foster children, or other persons living or formerly living in the same

household. The protocol adopted shall not be inconsistent with the policies and

procedures of the Division of Family and Children Services of the Department of

Human Resources.'

Said chapter is further".

SECTION 1.

By striking the word "article" in line 10 of page 2 and inserting in its place the word "chapter."

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 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 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 Y Johnson Y Kemp,B Y 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 Y Starr
Stephens Y Stokes Y Tanksley
Tate Thomas,D Y Thomas,N Thomas,R Y Thompson Y Tolleson

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Y Gillis Y Golden Y Hall Y Hamrick

Mullis Y Price Y Reed Y Seabaugh

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 as amended.

Senator Balfour of the 9th asked unanimous consent that Senators Stephens of the 51st and Lee of the 29th be excused. The consent was granted, and Senators Stephens and Lee were excused.

The Calendar was resumed.

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.

Senate Sponsor: Senator Lamutt of the 21st.

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

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

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2353

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

E Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price
Reed Y Seabaugh

Thomas,N Thomas,R Thompson 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.

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.

Senate Sponsor: Senator Squires of the 5th.

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
Hill E 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

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

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JOURNAL OF THE SENATE

Y Gillis Y Golden Y Hall Y Hamrick

Mullis Y Price
Reed Y Seabaugh

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.

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.

Senate Sponsor: Senator Hamrick of the 30th.

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

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

THURSDAY, APRIL 17, 2003

2355

Y Hall Hamrick

Reed Y Seabaugh

Y Zamarripa

On the passage of the bill, the yeas were 46, nays 0.

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

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.

Senate Sponsor: Senator Harp of the 16th.

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 E Hooks Y Hudgens
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 Y Tanksley
Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 49, 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:

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

HB 932.

By Representatives Jones of the 38th, Murphy of the 14th, Post 2 and Knox of the 14th, Post 1:

A BILL to amend an Act creating the Forsyth County Board of Registrations and Elections, so as to change the provisions relating to the compensation of the chairperson of the Forsyth County Board of Registrations and Elections, also known as the chief registrar; and for other purposes.

HB 942.

By Representatives Dean of the 49th, Brooks of the 47th, Stanley-Turner of the 43rd, Post 2, Beasley-Teague of the 48th, Post 2, Holmes of the 48th, Post 1 and others:

A BILL to amend an Act providing a new charter for the City of Atlanta, so as to provide for additional penalties in the municipal court; to provide for the collection and distribution of penalties; to provide for use of funds for victims and witnesses assistance programs; and for other purposes.

HB 943.

By Representatives Dean of the 49th, Brooks of the 47th, Stanley-Turner of the 43rd, Post 2, Beasley-Teague of the 48th, Post 2, Holmes of the 48th, Post 1 and others:

A BILL to amend an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, so as to change provisions relating to distribution of proceeds of additional penalties for victims and witnesses assistance programs; and for other purposes.

THURSDAY, APRIL 17, 2003

2357

HB 967.

By Representatives Coan of the 67th, Post 1, Mills of the 67th, Post 2 and Reece of the 21st:

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

HB 982.

By Representatives Parsons of the 29th, Teilhet of the 34th, Post 2, Stoner of the 34th, Post 1, Dooley of the 33rd, Post 3, Hines of the 35th 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 clerk of the probate court; and for other purposes.

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.

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

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.

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JOURNAL OF THE SENATE

The House has passed by the requisite constitutional majority the following Bills of the Senate:
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.
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 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
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.
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

SB 323. SB 327. SB 360.

THURSDAY, APRIL 17, 2003

2359

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.
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.
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.
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.

The Calendar was resumed.

2360

JOURNAL OF THE SENATE

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 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.

Senate Sponsor: Senator Williams of the 19th.

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
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 E Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan
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 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 47, nays 0.

THURSDAY, APRIL 17, 2003

2361

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

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.

Senate Sponsor: Senator Unterman of the 45th.

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
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 E Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody
Mullis Price 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 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.

2362

JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Hill of the 4th.
The Senate Appropriations Committee offered the following substitute to HB 526:
A BILL TO BE ENTITLED AN ACT
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 homes to be used to obtain federal financial participation for medical assistance payments to nursing homes that serve the medically indigent; to provide for definitions; to establish a segregated account within the Indigent Care Trust Fund for the deposit of provider fees; to provide for a method for calculating and collecting the provider fee; to authorize the Department of Community Health to inspect nursing home records for purposes of auditing provider fees; to provide for penalties for failure to pay a provider fee; to authorize the department to withhold Medicaid payments equal to amounts owed as a provider fee and penalty; to provide for the collection of fees by civil action and tax liens; to provide for the appropriation of funds in the segregated account for medical assistance payments to nursing homes; to provide for a request for a uniformity waiver; to provide for application of the "Georgia Medical Assistance Act of 1977"; 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. This Act shall be known and may be cited as the "Nursing Home Provider Fee Act."
SECTION 2. Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, is amended by adding a new Article 6A to read as follows:
"ARTICLE 6A

THURSDAY, APRIL 17, 2003

2363

31-8-161. This article is passed pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution.
31-8-162. As used in this article, the term:
(1) 'Department' means the Department of Community Health created by Chapter 5A of this title. (2) 'Medically indigent' means a person who meets the state-wide standards of indigency adopted by the department. (3) 'Nursing home' means a freestanding facility or distinct part or unit of a hospital required to be licensed or permitted as a nursing home under the provisions of Chapter 7 of this title which is not owned or operated by the state or federal government. (4) 'Nursing home that disproportionately serves the medically indigent' means a nursing home for which the patient days attributable to medically indigent residents account for more than 15 percent of the nursing homes total patient days during a 12 month period. For purposes of this computation, medicare program patient days shall not be included in the nursing homes total patient days. (5) 'Patient day' means a day of care provided to an individual resident of a nursing home by the nursing home. A patient day includes the date of admission but does not include the date of discharge, unless the dates of admission and discharge occur on the same day. (6) 'Provider fee' means the fee imposed pursuant to this article for the privilege of operating a nursing home. (7) 'Segregated account' means an account for the dedication and deposit of provider fees which is established within the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. (8) 'State plan' means all documentation submitted by the commissioner of the Department of Community Health on behalf of the department to and for approval by the United States secretary of health and human services, pursuant to Title XIX of the federal Social Security Act. (9) 'Trust fund' means the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. (10) 'Waiver' means a waiver of the uniform tax requirement for permissible health care related taxes, as provided in 42 C.F.R. Section 433.68(e)(2)(i) and (ii).
31-8-163. There is established within the trust fund a segregated account for revenues raised through the imposition of the provider fee. All revenues raised through provider fees shall be credited to the segregated account within the trust fund and shall be invested in the same manner as authorized for investing other moneys in the state treasury.

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Contributions and transfers to the trust fund pursuant to Code Sections 31-8-153 and 31-8-153.1 shall not be deposited into the segregated account.
31-8-164. (a) Each nursing home shall be assessed a provider fee with respect to each patient day for the preceding quarter, excluding medicare program patient days. The provider fee shall be assessed uniformly upon all nursing homes, except as provided in Code Section 31-8-168. The aggregate provider fees imposed under this article shall not exceed the maximum amount that may be assessed pursuant to the 6 percent indirect guarantee threshold set forth in 42 C.F.R. Section 433.68(f)(3)(i). (b) The provider fee shall be paid quarterly by each nursing home to the department. A nursing home shall calculate and report the provider fee due upon a form prepared by the department and submit therewith payment of the provider fee no later than the thirtieth day following the end of each calendar quarter. The initial provider fee report shall be filed and the initial payment of the provider fee shall be submitted no later than July 30, 2003. A nursing home shall calculate and report the initial provider fee using information about its patient days for the quarter ending June 30, 2003.
31-8-165. (a) The department shall collect the provider fees imposed pursuant to Code Section 31-8-164. All revenues raised pursuant to this article shall be deposited into the segregated account. Such funds shall be dedicated and used for the sole purpose of obtaining federal financial participation for medical assistance payments to nursing homes that disproportionately serve the medically indigent. (b) The department shall prepare and distribute a form upon which a nursing home shall calculate and report to the department the provider fee. (c) Each nursing home shall keep and preserve for a period of three years such books and records as may be necessary to determine the amount for which it is liable under this article. The department shall have the authority to inspect and copy the records of a nursing home for purposes of auditing the calculation of the provider fee. All information obtained by the department pursuant to this article shall be confidential and shall not constitute a public record. (d) In the event that the department determines that a nursing home has underpaid or overpaid the provider fee, the department shall notify the nursing home of the balance of the provider fee or refund that is due. Such payment or refund shall be due within 30 days of the departments notice. (e) Any nursing home that fails to pay the provider fee pursuant to this article within the time required by this article shall pay, in addition to the outstanding provider fee, a 6 percent penalty for each month or fraction thereof that the payment is overdue. If a provider fee has not been received by the department by the last day of the month, the department shall withhold an amount equal to the provider fee and penalty owed from any medical assistance payment due such nursing home under the Medicaid program. The provider fee levied by this article shall constitute a debt due the state and may be

THURSDAY, APRIL 17, 2003

2365

collected by civil action and the filing of tax liens in addition to such methods provided for in this article. Any penalty that accrues pursuant to this subsection shall be credited to the segregated account.
31-8-166. (a) Notwithstanding any other provision of this chapter, the General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year all revenues dedicated and deposited into the segregated account. Such appropriations shall be made for the sole purpose of obtaining federal financial participation in the provision of support to nursing homes that disproportionately serve the medically indigent. Any appropriation from the segregated account for any purpose other than medical assistance payments to nursing homes shall be void. (b) Revenues appropriated to the department pursuant to this Code section shall be used to match federal funds that are available for the purpose for which such trust funds have been appropriated. (c) Appropriations from the segregated account to the department shall not lapse to the general fund at the end of the fiscal year.
31-8-167. The department shall report annually to the General Assembly on its use of revenues deposited into the segregated account and appropriated to the department pursuant to this article.
31-8-168. No later than July 1, 2003, the department shall prepare and submit to the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services a request for approval of a waiver pursuant to 42 C.F.R. Section 433.68(e) of the uniform fee requirement. Upon approval of such waiver, the department shall take action to reduce the provider fee imposed pursuant to Code Section 31-8-164 allowed by such waiver for those providers who qualify for such reduction.
31-8-169. Except where inconsistent with this article, the provisions of Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977,' shall apply to the department in carrying out the purposes of this article."
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.

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JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 39, 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 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 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
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 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
April 17, 2003

Please record my vote as a Yes on HB 526:

/s/ Williams of the 19th

The Calendar was resumed.

THURSDAY, APRIL 17, 2003

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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.
Senate Sponsor: Senator Lamutt of the 21st.
The Senate Insurance and Labor Committee offered the following substitute to HB 598:
A BILL TO BE ENTITLED AN ACT
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; to provide that any person who with intent to defraud subscribes, makes, or concurs in making an annual or other statement required by law to be filed with the commissioner containing a false material statement commits insurance fraud; to provide for applicability; 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 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, is amended by striking the Code section and inserting in lieu thereof a new Code Section 33-1-9 to read as follows:
"33-1-9. (a) Any natural person who knowingly or willfully:
(1) Makes or aids in the making of any false or fraudulent statement or representation of any material fact or thing:
(A) In any written statement or certificate; (B) In the filing of a claim; (C) In the making of an application for a policy of insurance; (D) In the receiving of such an application for a policy of insurance; or (E) In the receiving of money for such application for a policy of insurance

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JOURNAL OF THE SENATE

for the purpose of procuring or attempting to procure the payment of any false or fraudulent claim or other benefit by an insurer; (2) Receives money for the purpose of purchasing insurance and converts such money to such persons own benefit; (3) Issues fake or counterfeit insurance policies, certificates of insurance, insurance identification cards, or insurance binders; or (4) Makes any false or fraudulent representation as to the death or disability of a policy or certificate holder in any written statement or certificate for the purpose of fraudulently obtaining money or benefit from an insurer commits the crime of insurance fraud. (b) Any natural person who knowingly and willfully or with reckless disregard engages in the following activities, either directly or indirectly, as an agent for, as a representative of, or on behalf of an insurer not authorized to transact insurance in this state commits the crime of insurance fraud: (1) Soliciting, negotiating, procuring, or effectuating insurance or annuity contracts or renewals thereof; (2) Soliciting, negotiating, procuring, or effectuating any contract relating to benefits or services; (3) Disseminating information as to coverage or rates; (4) Forwarding applications; (5) Delivering policies or contracts; (6) Inspecting or assessing risk; (7) Fixing of rates; (8) Investigating or adjusting claims or losses; (9) Collecting or forwarding of premiums; or (10) In any other manner representing or assisting such an insurer in the transaction of insurance with respect to subjects of insurance resident, located, or to be performed in this state. (c) Any natural person who knowingly and willfully with intent to defraud subscribes, makes, or concurs in making any annual or other statement required by law to be filed with the commissioner containing any material statement which is false commits the crime of insurance fraud. (b)(d) In any prosecution under this Code section, the crime shall be considered as having been committed in the county of the purported loss, in the county in which the insurer or the insurers agent received the fraudulent or false claim or application, in the county in which money was received for the fraudulent application, or in any county where any act in furtherance of the criminal scheme was committed. (c)(e) A person convicted of a violation of subsection (a) of this Code section 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. (f) Subsection (b) of this Code section shall not apply to a contract of insurance entered into in accordance with Chapter 5 of this title."

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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 Lamutt of the 21st offered the following amendment:

Amend the Senate Insurance and Labor Committee substitute to HB 598 by inserting "natural" before "person" on line 1 on page 3.

On the adoption of the amendment, the yeas were 38, nays 0, and the Lamutt amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 47, 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
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 E 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

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 Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

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JOURNAL OF THE SENATE

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

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.

Senate Sponsor: Senator Johnson of the 1st.

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

N Harbison Y Harp Y Henson Y Hill E Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody
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 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 43, nays 3.

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

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2371

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.

Senate Sponsor: Senator Hudgens of the 47th.

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
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 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 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
Stokes Y Tanksley Y Tate Y Thomas,D
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.

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JOURNAL OF THE SENATE

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.

Senate Sponsor: Senator Lamutt of the 21st.

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 Y Brush Y Bulloch Y Butler
Cagle Y Cheeks
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 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
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 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.

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:

THURSDAY, APRIL 17, 2003

2373

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.

Senate Sponsor: Senator Hudgens of the 47th.

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

Y Harbison Y Harp Y Henson
Hill E Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt
Lee Y Levetan
Me V Bremen Y Moody
Mullis 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
Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman
Williams Y Zamarripa

On the passage of the bill, the yeas were 42, nays 1.

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

The following communication was received by the Secretary:

Frank Eldridge Jr. Secretary of the Senate

The State Senate Atlanta, Georgia 30334
April 18, 2003

2374

JOURNAL OF THE SENATE

353 State Capitol Atlanta, Georgia 30334
Dear Mr. Eldridge:
I made an error in voting against HB 289. I respectfully request that you record a "yes" vote on final passage of HB 289, as recorded on April 17, 2003.
Sincerely,
/s/ Robert Brown
Senator Kemp of the 3rd asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill was excused.
The Calendar was resumed.
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.
Senate Sponsor: Senator Shafer of the 48th.
The Senate Regulated Industries and Utilities Committee offered the following amendment:
Amend HB 352 by inserting on line 3 of page 1 immediately preceding the word "disposition" the words "any public".
By striking line 14 of page 1 and inserting in lieu thereof the following: "shall notify the complainant of any public disposition of such complaint. Such notification shall".
On the adoption of the amendment, the yeas were 37, nays 0, and the committee amendment was adopted.
Senator Hamrick of the 30th offered the following amendment:

THURSDAY, APRIL 17, 2003

2375

Amend HB 352 by inserting on line 4 of page 1 after the word and symbol "boards;" the following: "to amend Code Section 43-5-14 of the Official Code of Georgia Annotated, relating to the penalty for violations related to athletic trainers, so as to provide for penalties for licensing violations;"

By inserting between lines 18 and 19 of page 1 the following: "Section 1A. Code Section 43-5-14 of the Official Code of Georgia Annotated, relating to the penalty for violations related to athletic trainers, is amended by striking said Code Section and inserting in its place the following: `43-5-14. Any person who violates Code Section 43-5-7 shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine of not less than $500 nor more than $1000 for each offense and, in addition, may be imprisoned for two to five years.'"

On the adoption of the amendment, the yeas were 42, nays 0, and the Hamrick 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
Brown 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 Harbison Y Harp Y Henson E Hill E 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

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 passage of the bill, the yeas were 47, nays 0.

2376

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed as amended.
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.
Senate Sponsor: Senator Bulloch of the 11th.
The Senate Public Safety and Homeland Security Committee offered the following amendment:
Amend HB 616 by adding after the word "as" on line 2 on page 1 the following: "to authorize a temporary drivers license for 90 days;".
By adding after the word and symbol "applicants;" on line 3 on page 1 the following: "to provide that the department shall destroy surrendered licenses after recording the date of surrender;".
By renumbering Section 1 as Section 2, Section 2 as Section 4, Section 3 as Section 5, Section 4 as Section 6, and Section 5 as Section 7.
By adding after line 7 on page 1 a new Section 1 to read as follows:
"SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-24, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses, by striking subsection (e) in its entirety and inserting in lieu thereof the following:
'(e) The department shall may issue a temporary drivers permit to an applicant for a drivers license permitting him or her to operate a specified type or class of motor vehicle while the department is completing its investigation and determination of all facts relative to such applicants eligibility to receive a drivers license. Such permit must be in his or her immediate possession while operating a motor vehicle, and it shall be invalid when the applicants license has been issued or for good cause has been refused. Such permit shall be valid for no more than 45 90 days. When a license has been refused, the permit shall be returned to the department within ten days of receipt of written notice of refusal.'" By striking line 9 on page 1 and inserting in its place the following: "Said title is further".

THURSDAY, APRIL 17, 2003

2377

By adding after line 14 on page 3 a new Section 3 to read as follows:
"SECTION 3. Said title is further amended by striking subsection (a) of Code Section 40-5-53, relating to surrender of a drivers license upon conviction and forwarding of a drivers license with a citation to the department, and inserting in lieu thereof the following:
'(a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension or revocation of the license of such person by the department, 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 the same to the department, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction. Notwithstanding any other provision of this title, the department shall retain possession of any suspended drivers licenses forwarded to it under this or any other provision of law if the licenses expiration date, as shown on the drivers license, is one year or more away. The department shall return the issue a replacement drivers original license upon payment of the applicable reinstatement fee if such driver applies for and is granted reinstatement while the original license is in the possession of the department prior to the expiration date of the original license. No additional fee shall be required for the return of such original license. The department may shall destroy a suspended license any surrendered license after recording the date of such surrender on the drivers operating record if the licenses expiration date, as shown on the license, is less than one year away.'" By striking lines 6 and 7 of page 4 and inserting in lieu thereof the following: "drivers history accordingly."
By striking lines 15 through 18 of page 4 and inserting in lieu thereof the following: "motion to change or modify a traffic law sentence or judgment may, at any time prior to the expiration of the term of court following the term at which judgment and sentence were pronounced or within 90 days of the time judgment and sentence were pronounced, whichever time period is greater, be made by the defendant and accepted by the court as".
By striking the word "article" on line 21 on page 4 and inserting in its place the word "title".
By striking line 35 on page 4 and inserting in its place the following: "This Act shall become effective on July 1, 2003, except Section 3 of this Act, which shall become effective on October 1, 2003."
On the adoption of the amendment, the yeas were 43, nays 0, and the committee amendment was adopted.

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JOURNAL OF THE SENATE

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
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
Hill E 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

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 passage of the bill, the yeas were 49, nays 0.

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

Senator Balfour of the 9th asked unanimous consent that Senator Brush of the 24th be excused. The consent was granted, and Senator Brush was excused.

The Calendar was resumed.

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.

Senate Sponsor: Senator Johnson of the 1st.

THURSDAY, APRIL 17, 2003

2379

Senator Thomas of the 2nd offered the following amendment:

Amend HB 726 by striking line 3 on page 1 and inserting in lieu thereof the following: "definition of the term 'land surveying'; to amend Code Section 43-15-29 of the Official
Code of Georgia Annotated, relating to exceptions to operation of chapter, so as to
provide for an additional exception; to provide for related matters; to repeal conflicting".

By redesignating Section 2 as Section 3 and inserting after line 8 on page 2 the following:
"SECTION 2. Code Section 43-15-29 of the Official Code of Georgia Annotated, relating to exceptions to operation of chapter, is amended by adding a new subsection (f) to read as follows:
'(f) Nothing in this chapter shall limit registered land surveyors from performing work provided for in this chapter or in Chapter 7 of Title 12, the "Erosion and Sedimentation Act of 1972," on any commercial, industrial, or residential site within any county, municipality, or consolidated government in this state.'"

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

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

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

2380

JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 20, nays 29, and the Thomas of the 2nd amendment 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:

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

N Harbison Y Harp Y Henson N Hill E 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
Reed Y Seabaugh

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

On the passage of the bill, the yeas were 36, nays 15.

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

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; to provide for financial responsibility; to provide for warranty reimbursement policy requirements; and for other purposes.

Senate Sponsor: Senator Balfour of the 9th.

THURSDAY, APRIL 17, 2003

2381

The Senate Public Safety and Homeland Security Committee offered the following amendment:

Amend HB 688 by inserting between lines 5 and 6 of page 3 the following: "(e) Vehicle manufacturers shall not be subject to any of the provisions of this chapter."

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 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:

Adelman Y Balfour Y Blitch Y Bowen
Brown E 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 E 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 Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson 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 as amended.

The following communication was received by the Secretary:

Please count my Yes vote for HB 688. My machine malfunctioned.

/s/ David Adelman of the 42nd

2382

JOURNAL OF THE SENATE

The Calendar was resumed.

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.

Senate Sponsor: Senator Hall of the 22nd.

Senator Clay of the 37th offered the following amendment:

Amend HB 414 on line 3 of page 1 by inserting after the first semicolon, "to provide for continuances of cases under certain circumstances;" and at the beginning of line 13 on page 1 inserting "(a)", striking the quotation mark at the end of line 14 of page 1, and between lines 14 and 15 inserting "(b) It shall be the duty of any judge of the courts of this state to continue any case in the court upon a showing by the state or the defendant that a material witness is unavailable by reason of being on active duty as a member of the National Guard or as a member of a reserve or active component of the armed forces of the United States.'"

On the adoption of the amendment, the yeas were 30, nays 0, and the Clay 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 E Brush Y Bulloch
Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts

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 Y Levetan

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 Y Thomas,R

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2383

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

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 49, nays 0.

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

HR 397. By Representative Maddox of the 59th, Post 2:

A RESOLUTION creating the Joint MARTA Finance Study Committee; and for other purposes.

Senate Sponsor: Senator Thomas of the 10th.

Senator Levetan of the 40th offered the following amendment:

Amend HR 397 by striking the word "twelve" on line 14 of page 1 and inserting in its place the word "thirteen".

By adding after the word and symbol "committee." on line 22 of page 1 the following:
"The MARTA Board of Directors shall select a MARTA Board member to serve as a member of the committee.".

On the adoption of the amendment, the yeas were 35, nays 0, and the Levetan 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 E Brush Y Bulloch Y Butler

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

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

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JOURNAL OF THE SENATE

Y Cagle Y Cheeks Y Clay Y Collins Y Crotts
Dean Y Fort
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
Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority was adopted as amended.

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 379.

By Representatives Richardson of the 26th, O`Neal of the 117th and Massey of the 24th:

A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to provide for an excise tax with respect to loose or smokeless tobacco; to increase such tax with respect to little cigars, other cigars, and cigarettes; to change certain definitions; to change certain provisions regarding excise taxes; to provide for collection and remittance of an additional tax; to provide for criminal penalties; and for other purposes.

The House has agreed to the Senate substitute to 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

THURSDAY, APRIL 17, 2003

2385

$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.

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.

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.

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.

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JOURNAL OF THE SENATE

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 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.

The House has agreed to the Senate amendment to the following Bills of the House:

HB 236. By Representative Golick of the 34th, Post 3:

HB 314.

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. 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.

The Secretary announced that the Senate had received a message from the House transmitting HB 379, a general bill, to the Senate. The Secretary notified the Senate that in order to take receipt of HB 379, he would need a motion to suspend Senate Rule 105(b). No motion was made, and the Senate did not accept the bill.

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.

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

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2387

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.

Senate Sponsor: Senator Kemp of the 46th.

The Senate Higher Education Committee offered the following amendment:

Amend HB 95 by striking "directed" on line 17 on page 3 and inserting in lieu thereof "directly".

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 Y Bowen Y Brown E 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 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

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 Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

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

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.

Senate Sponsor: Senator Levetan of the 40th.

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

Y Harbison Y Harp
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

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 51, nays 0.

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

THURSDAY, APRIL 17, 2003

2389

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.

Senate Sponsor: Senator Clay of the 37th.

Senator Clay of the 37th offered the following amendment: Amend HB 196 by adding after line 21 the words: (4) This bill will go into effect July 1, 2004.

Senator Clay of the 37th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment 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
Brown E 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 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

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 50, nays 0.

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

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 relating to inspection of colonies and duty to register as colony owner; 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 Y Blitch Y Bowen Y Brown E 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 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

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 52, nays 0.

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

THURSDAY, APRIL 17, 2003

2391

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.

Senate Sponsor: Senator Jackson of the 50th.

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 Y Collins Y 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

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 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.

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JOURNAL OF THE SENATE

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.

Senate Sponsor: Senator Smith of the 25th.

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 Y Collins Y 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 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 52, nays 0.

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

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

THURSDAY, APRIL 17, 2003

2393

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.

Senate Sponsor: Senator Williams of the 19th.

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 Y Collins Y 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 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 52, nays 0.

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

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

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JOURNAL OF THE SENATE

performance audit or performance review of such expenditures; to provide for contracts for such performance audit or review; and for other purposes.

Senate Sponsor: Senator Johnson of the 1st.

Senator Balfour of the 9th asked unanimous consent that HB 346 be dropped to the foot of the Calendar. The consent was granted, and HB 346 was dropped to the foot of the Senate Rules Calendar for today.

The following bill, having been reconsidered earlier today, was continued upon its passage:

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.

Senate Sponsor: Senator Bulloch of the 11th.

Senator Zamarripa of the 36th asked unanimous consent that the Senate reconsider the adoption of the Zamarripa amendment #1 as amended. The consent was granted, and the amendment as adopted in the Journal of April 14, 2003, was reconsidered.

Senator Zamarripa of the 36th asked unanimous consent that his amendment #1 be withdrawn. The consent was granted and the amendment was withdrawn.

The Harp, et al. amendment #1b and the Smith of the 52nd amendment #1e to the Zamarripa amendment #1, also adopted in the Journal of April 14, 2003, were moot.

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 Harbison Y Harp
Henson Y Hill E Hooks

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

THURSDAY, APRIL 17, 2003

2395

E 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 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 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 as amended.

Senator Price of the 56th moved that the Senate stand in recess until 10:00 p.m., then adjourn pursuant to SR 441, until 10:00 a.m., Tuesday, April 22, 2003. At 7:47 p.m., the President announced the motion prevailed.

The Senate adjourned at 10:00 p.m.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, April 22, 2003
Thirty-ninth Legislative Day

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

Senator Price of the 56th 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 988.

By Representatives Ray of the 108th, Lucas of the 105th, Birdsong of the 104th, Jenkins of the 93rd and Graves of the 106th:

A BILL to amend an Act known as the "Macon Water Authority Act," so as to provide that the authority shall be a political subdivision of the state and an instrumentality of Bibb County; and for other purposes.

HB 996. By Representative Parrish of the 102nd:

A BILL to amend an Act creating the board of commissioners of Johnson County, so as to stagger the terms of said board; and for other purposes.

HB 997.

By Representatives Hembree of the 46th, Brooks of the 47th, Thomas of the 33rd, Post 2, Dooley of the 33rd, Post 3, Bruce of the 45th and others:

A BILL to provide authority for the City of Douglasville to expend public funds to include a specific nonbinding referendum as a question on the ballot; to provide that such question shall relate to the regulation of smoking in public places; to provide for approval of the question by the governing authority; and for other purposes.

TUESDAY, APRIL 22, 2003

2397

HB 998.

By Representatives Royal of the 140th, Scott of the 138th, Rynders of the 137th and Houston of the 139th:
A BILL to amend an Act making provisions for the Magistrate Court of Colquitt County, so as to change the manner of selecting the chief magistrate; to provide for nonpartisan elections held at the time of certain November general elections; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:
SR 447. By Senators Shafer of the 48th, Moody of the 27th, Collins of the 6th and Hall of the 22nd:
A RESOLUTION creating the Senate Teleworking Study Commission; and for other purposes.
Referred to the Rules Committee.
SR 461. By Senators Unterman of the 45th, Williams of the 19th, Price of the 56th and Thomas of the 54th:
A RESOLUTION creating the Senate Medicaid Study Committee; and for other purposes.
Referred to the Rules Committee.

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

HB 728. By Representatives Lane of the 101st, Barnard of the 121st, Post 1, Parrish of the 102nd, DeLoach of the 127th and Oliver of the 121st, Post 2:
A BILL to amend an Act to create the Downtown Statesboro Development Authority, so as to change the boundaries of the territory embraced within the Downtown Statesboro Development Authority District; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 848. By Representatives Lane of the 101st, Barnard of the 121st, Post 1, Parrish of the 102nd, DeLoach of the 127th and Oliver of the 121st, Post 2:
A BILL to provide that future elections for the office of chief magistrate of Bulloch County shall be nonpartisan elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 912. By Representatives Hanner of the 133rd and Greene of the 134th:
A BILL to provide a new charter for the City of Morgan; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 928. By Representatives Willard of the 40th, Ashe of the 42nd, Post 2, Thomas of the 43rd, Post 1, Sinkfield of the 50th, Moraitakis of the 42nd, Post 4 and others:
A BILL to provide for a homestead exemption from Fulton 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 929. By Representatives Willard of the 40th, Ashe of the 42nd, Post 2, Thomas of the 43rd, Post 1, Sinkfield of the 50th, Moraitakis of the 42nd, Post 4 and others:
A BILL 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; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 932. By Representatives Jones of the 38th, Murphy of the 14th, Post 2 and Knox of the 14th, Post 1:
A BILL to amend an Act creating the Forsyth County Board of Registrations and Elections, so as to change the provisions relating to the compensation of

TUESDAY, APRIL 22, 2003

2399

the chairperson of the Forsyth County Board of Registrations and Elections, also known as the chief registrar; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 942. By Representatives Dean of the 49th, Brooks of the 47th, Stanley-Turner of the 43rd, Post 2, Beasley-Teague of the 48th, Post 2, Holmes of the 48th, Post 1 and others:
A BILL to amend an Act providing a new charter for the City of Atlanta, so as to provide for additional penalties in the municipal court; to provide for the collection and distribution of penalties; to provide for use of funds for victims and witnesses assistance programs; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 943. By Representatives Dean of the 49th, Brooks of the 47th, Stanley-Turner of the 43rd, Post 2, Beasley-Teague of the 48th, Post 2, Holmes of the 48th, Post 1 and others:
A BILL to amend an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, so as to change provisions relating to distribution of proceeds of additional penalties for victims and witnesses assistance programs; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 948. By Representative Elrod of the 25th:
A BILL to amend an Act establishing a public school system in the City of Jefferson, so as to require the governing authority of that city to levy the tax certified for such system and grant the board of education of such system the power to issue obligations for such system; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 967. By Representatives Coan of the 67th, Post 1, Mills of the 67th, Post 2 and Reece of the 21st:
A BILL to provide a new charter for the City of Buford; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 982. By Representatives Parsons of the 29th, Teilhet of the 34th, Post 2, Stoner of the 34th, Post 1, Dooley of the 33rd, Post 3, Hines of the 35th 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 clerk of the probate court; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 983. By Representatives Rogers of the 20th, Reece of the 21st and Amerson of the 9th:
A BILL to amend an Act creating a new charter for the City of Gainesville, 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 991. By Representative Stokes of the 72nd:
A BILL to amend an Act providing a new charter for the City of Covington, so as to change the corporate limits of said city and provide for referendum approval; to provide that the referendum shall be conducted by the election superintendent of Newton County with the costs paid by the City of Covington from city funds; 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 Committee on Assignments has had under consideration the appointments made by Governor Perdue in a letter dated April 14, 2003, and has instructed me to report the

TUESDAY, APRIL 22, 2003

2401

same back to the Senate with the following recommendation:

All appointees be confirmed by the Senate.

Respectfully submitted, Senator Johnson of the 1st District, Chairman

The following communication was received by the Secretary:

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

The State Senate Atlanta, Georgia 30334
April 21, 2003

Dear Mr. Secretary:

Please know that this letter is intended to be respectful, but I must tell you that I adamantly disagree with your ruling (as does my caucus) concerning the process followed after referral of Gubernatorial Confirmations to the Committee on Assignments.

I read the rule prior to making the motion, and after seeing your documentation, myself and my entire caucus still believe that the leadership of the Majority Caucus in the Senate violated their own rule.

By notifying the members of the Republican leadership and the Lieutenant Governor, who is not a member of the Senate, they in effect notified themselves. I cannot believe any person of good conscience will state on their honor that that is notifying the Senate.

I am going to talk about this this morning and wanted you to know that we feel very strongly about the ruling. I do not want to impede Governor Perdue's appointments and I don't have any reason to believe that he wants to impede the Senate confirmation of Governor Barnes' appointments.

I want you to also know that I feel it would be small of the Majority Party to use a new rule which they did not themselves even follow to circumvent the debate.

Sincerely,

/s/ Steve Thompson

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JOURNAL OF THE SENATE

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 795 HB 840 HB 862 HB 907 HB 940 HB 945 HB 946

Do Pass as amended Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 952 HB 956 HB 970 HB 971 HB 973 HB 974 SB 142

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

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

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 Starr of the 44th asked unanimous consent that Senator Butler of the 55th be excused. The consent was granted, and Senator Butler was excused.

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

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

TUESDAY, APRIL 22, 2003

2403

Those not answering were Senators:

Butler (Excused) Hamrick

Gillis Thomas, N.

Golden (Excused)

The members pledged allegiance to the flag.

Senator Hudgens of the 47th introduced the chaplain of the day, Reverend Jeff Appling of Maysville, Georgia, who offered scripture reading and prayer.

The President introduced Congressman Phil Gingrey. Congressman Gingrey addressed the Senate briefly.

Senator Smith of the 25th introduced Dr. Rosemary DePaolo, commended by SR 379, adopted previously. Dr. DePaolo addressed the Senate briefly.

Senator Tanksley of the 32nd recognized the Wheeler High School boys varsity basketball team, 2003 AAAAA State Champions, commended by SR 288, adopted previously.

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

HB 988. By Representatives Ray of the 108th, Lucas of the 105th, Birdsong of the 104th, Jenkins of the 93rd and Graves of the 106th:

A BILL to amend an Act known as the "Macon Water Authority Act," so as to provide that the authority shall be a political subdivision of the state and an instrumentality of Bibb County; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 996. By Representative Parrish of the 102nd:

A BILL to amend an Act creating the board of commissioners of Johnson County, so as to stagger the terms of said board; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 997. By Representatives Hembree of the 46th, Brooks of the 47th, Thomas of the 33rd, Post 2, Dooley of the 33rd, Post 3, Bruce of the 45th and others:

A BILL to provide authority for the City of Douglasville to expend public funds to include a specific nonbinding referendum as a question on the ballot;

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JOURNAL OF THE SENATE

to provide that such question shall relate to the regulation of smoking in public places; to provide for approval of the question by the governing authority; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 998. By Representatives Royal of the 140th, Scott of the 138th, Rynders of the 137th and Houston of the 139th:
A BILL to amend an Act making provisions for the Magistrate Court of Colquitt County, so as to change the manner of selecting the chief magistrate; to provide for nonpartisan elections held at the time of certain November general elections; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
Senator Adelman of the 42nd introduced the doctor of the day, Dr. Natalie Levy.
The following resolutions were read and adopted:
SR 449. By Senators Thomas of the 2nd and Johnson of the 1st:
A RESOLUTION commending Stephen Andrew Phillips; and for other purposes.
SR 450. By Senator Thomas of the 2nd:
A RESOLUTION congratulating and commending Bethel Missionary Baptist Church of Savannah upon the occasion of its 200th anniversary; and for other purposes.
SR 451. By Senator Jackson of the 50th:
A RESOLUTION congratulating Mr. and Mrs. Leon Davenport on the occasion of their 50th wedding anniversary, to be celebrated September 18, 2003; and for other purposes.
SR 452. By Senators Crotts of the 17th and Stokes of the 43rd:
A RESOLUTION commending Mrs. Martha Talbot Eaves for her many, many years of faithful service advocating for Georgia's elder citizens; and for other purposes.

TUESDAY, APRIL 22, 2003

2405

SR 453. By Senators Crotts of the 17th and Williams of the 19th:
A RESOLUTION commending railroads operating in the State of Georgia for improving their safety and efficiency by taking advantage of the innovative and proven technology used for remote controlled locomotives; and for other purposes.
SR 454. By Senator Stephens of the 51st:
A RESOLUTION commending Paul Power; and for other purposes.
SR 455. By Senators Stephens of the 51st, Tanksley of the 32nd and Collins of the 6th:
A RESOLUTION commending The Home Depot; and for other purposes.
SR 456. By Senators Brush of the 24th and Hudgens of the 47th:
A RESOLUTION recognizing and commending Mrs. Natalie Wilson for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 457. By Senators Brush of the 24th and Gillis of the 20th:
A RESOLUTION recognizing and commending Mrs. Belinda Wansley for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 458. By Senators Brush of the 24th and Cheeks of the 23rd:
A RESOLUTION recognizing and commending Dr. Lorraine Hall for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 459. By Senators Brush of the 24th, Lee of the 29th and Crotts of the 17th:
A RESOLUTION recognizing and commending Ms. Aimee Freeman for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 460. By Senators Brush of the 24th, Brown of the 26th and Smith of the 25th:
A RESOLUTION recognizing and commending Ms. Linda Bowden for outstanding contributions to public education in the State of Georgia; and for

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other purposes.
SR 462. By Senators Zamarripa of the 36th and Adelman of the 42nd:
A RESOLUTION recognizing Dr. Terry Maple and congratulating him on the occasion of his retirement; and for other purposes.
SR 463. By Senators Zamarripa of the 36th and Adelman of the 42nd:
A RESOLUTION expressing regret at the loss of Honorable Daniel Patrick Moynihan; and for other purposes.
SR 464. By Senators Meyer von Bremen of the 12th and Bulloch of the 11th:
A RESOLUTION commending the Mitchell-Baker High School boys' basketball team; and for other purposes
SR 465. By Senator Meyer von Bremen of the 12th:
A RESOLUTION recognizing and commending George Brown; and for other purposes.
SR 466. By Senator Hill of the 4th:
A RESOLUTION commending the Tattnall-Evans Baptist Association on 100 years of service; and for other purposes.
SR 467. By Senator Hill of the 4th:
A RESOLUTION commending the Jenkins County Lady Eagles Varsity Basketball Team; and for other purposes.
SR 468. By Senator Seabaugh of the 28th:
A RESOLUTION commending Warren Budd; and for other purposes.
SR 469. By Senator Thomas of the 10th:
A RESOLUTION commending Tovi Lasharne McNease; and for other purposes.

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2407

SR 470. By Senator Thomas of the 10th: A RESOLUTION commending Elandis Arelia Miller; and for other purposes.
SR 471. By Senator Thomas of the 10th: A RESOLUTION commending Chanel Nicole Oliver; and for other purposes.
SR 472. By Senator Thomas of the 10th: A RESOLUTION commending Kellie Alesia Walker; and for other purposes.
SR 473. By Senator Thomas of the 10th: A RESOLUTION commending Marina Angelo Lemons; and for other purposes.
SR 474. By Senator Thomas of the 10th: A RESOLUTION commending Quashindra Lasha Whitley; and for other purposes.
SR 475. By Senator Thomas of the 10th: A RESOLUTION commending Stephen K. McDowell; and for other purposes.
SR 476. By Senator Thomas of the 10th: A RESOLUTION commending Tasia Monique Travicks; and for other purposes.
SR 477. By Senator Thomas of the 10th: A RESOLUTION commending Teresa Denise Perry; and for other purposes.
SR 478. By Senator Thomas of the 10th: A RESOLUTION commending Elizabeth Omaivboje; and for other purposes.
SR 479. By Senator Thomas of the 10th: A RESOLUTION commending Morgan Joanne Parker; and for other purposes.

2408

JOURNAL OF THE SENATE

SR 480. By Senator Thomas of the 10th: A RESOLUTION commending Natalie Renee Gordon; and for other purposes.
SR 481. By Senator Thomas of the 10th: A RESOLUTION commending Launette Michelle Hayes; and for other purposes.
SR 482. By Senator Thomas of the 10th: A RESOLUTION commending Latoya Nicole Hill; and for other purposes.
SR 483. By Senator Thomas of the 10th: A RESOLUTION commending Ashley Tanishia Anderson; and for other purposes.
SR 484. By Senator Thomas of the 10th: A RESOLUTION commending Nicole Sheri Fleming; and for other purposes.
SR 485. By Senator Thomas of the 10th: A RESOLUTION commending Bryanca Yatya Colvin; and for other purposes.
SR 486. By Senator Thomas of the 10th: A RESOLUTION commending Jennifer Nicole Crawford; and for other purposes.
SR 487. By Senator Thomas of the 10th: A RESOLUTION commending Crystal Camille Cannon; and for other purposes.
SR 488. By Senator Thomas of the 10th: A RESOLUTION commending Kimberly Joyce Bonner; and for other purposes.

TUESDAY, APRIL 22, 2003

2409

SR 489. By Senator Thomas of the 10th:
A RESOLUTION commending Jahan Sheree Mahdi; and for other purposes.
SR 490. By Senator Thomas of the 10th:
A RESOLUTION commending Teila Simone McBride; and for other purposes.
SR 491. By Senator Thomas of the 10th:
A RESOLUTION commending Kai Sharice Purnell; and for other purposes.
SR 492. By Senator Thomas of the 10th:
A RESOLUTION commending Addis Alexia Tabor; and for other purposes.
SR 493. By Senator Thomas of the 10th:
A RESOLUTION commending Melissa Gavrielle Wise; and for other purposes.
SR 494. By Senator Thomas of the 10th:
A RESOLUTION commending Natasha Royal Jones; and for other purposes.
SR 495. By Senator Thomas of the 10th:
A RESOLUTION commending Alysia Owens Johnson; and for other purposes.
SR 496. By Senators Mullis of the 53rd and Smith of the 52nd:
A RESOLUTION recognizing and commending the Roper Corporation for its attainment of OSHA VPP Star Status; and for other purposes.
SR 497. By Senator Price of the 56th:
A RESOLUTION commending and congratulating Nicholas D. Pearson; 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:

2410

JOURNAL OF THE SENATE

SENATE LOCAL CONSENT CALENDAR

Tuesday, April 22, 2003 Thirty-ninth Legislative Day

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

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

SB 142

Moody of the 27th Tanksley of the 32nd Reed of the 35th Zamarripa of the 36th Tate of the 38th Fort of the 39th Levetan of the 40th FULTON COUNTY

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.

HB 795

Cagle of the 49th Stephens of the 51st ELLIJAY-GILMER COUNTY WATER & SEWERAGE AUTHORITY

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. (AMENDMENT)

HB 840 HB 862 HB 907 HB 940 HB 945

TUESDAY, APRIL 22, 2003

2411

Levetan of the 40th Henson of the 41st AVONDALE, CITY OF
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.
Lamutt of the 21st Moody of the 27th Stephens of the 51st CHEROKEE COUNTY
A BILL to amend an Act creating the State Court of Cherokee County, so as to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which said technology fees may be put; and for other purposes.
Johnson of the 1st Thomas of the 2nd POOLER, CITY OF
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.
Bulloch of the 11th SALE CITY, CITY OF
A BILL to provide a new charter for the City of Sale City; and for other purposes.
Moody of the 27th Price of the 56th ALPHARETTA, CITY OF
A BILL to amend an Act consolidating, revising, and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said city, so as to change

2412 HB 946 HB 952 HB 956 HB 970 HB 971

JOURNAL OF THE SENATE
provisions relating to the Municipal Court of the City of Alpharetta; and for other purposes.
Gillis of the 20th EASTMAN, CITY OF
A BILL to amend an Act entitled "An Act to provide a new charter for the City of Eastman," so as to annex certain territory to the City of Eastman and thereby change the corporate limits of said city; and for other purposes.
Williams of the 19th BACON COUNTY
A BILL to provide that future elections for the office of probate judge of Bacon County shall be nonpartisan elections; and for other purposes.
Williams of the 19th Gillis of the 20th DODGE COUNTY
A BILL to amend an Act providing for the election of members of the Board of Education of Dodge County, so as to reapportion the education districts for election of the members of said board of education; and for other purposes.
Gillis of the 20th LAURENS COUNTY
A BILL to amend an Act to provide for the election of members of the board of education of Laurens County, Georgia, from singlemember districts, so as to amend the provisions for the date of election of members to the board of education so as to comply with state law; and for other purposes.
Gillis of the 20th GORDON, CITY OF
A BILL to amend an Act providing a new charter for the City of Gordon, so as to change certain provisions regarding the number of votes required to remove a city officer; and for other purposes.

TUESDAY, APRIL 22, 2003

2413

HB 973

Williams of the 19th ALMA, CITY OF

A BILL to amend an Act creating a new charter for the City of Alma, so as to change the number and the description of the council districts; and for other purposes.

HB 974

Kemp of the 46th Hudgens of the 47th Cagle of the 49th JACKSON COUNTY

A BILL to amend an Act entitled "An Act to create and establish the Jackson County Airport Authority," so as to change the membership and method of appointing members of said authority; to provide for compensation; to provide for a chairperson and other officers; and for other purposes.

The amendment to the following bill was put upon its adoption:

*HB 795:

The State and Local Governmental Operations Committee offered the following amendment:

Amend HB 795 by inserting on line 4 of page 1 after the word and symbol "quorums;"
the following: "to provide for the governing authority appointing the majority of members to the
authority to be responsible for any liability resulting from the activities of the authority and to hold harmless all other member governing authorities;".

By inserting between lines 10 and 11 of page 2 the following: "Said Act is further amended by adding a new Section 26.1 to read as follows:

'SECTION 26.1.

If any activity of the authority results in liability for a members governing authority,

the governing authority having a majority of the members of the authority shall bear

responsibility for such liability and shall hold all other member governing authorities

harmless.'

SECTION 3."

2414

JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 51, nays 0, and the amendment 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
Blitch Y Bowen Y Brown Y Brush Y Bulloch E Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean
Fort Y Gillis Y Golden Y Hall
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 local bills, the yeas were 51, nays 0.

The bills on the Local Consent Calendar, except HB 795, having received the requisite constitutional majority, were passed.

HB 795, having received the requisite constitutional majority, was passed as amended.

GENERAL CONSENT CALENDAR FOR COMMEMORATIVE RESOLUTIONS TUESDAY, APRIL 22, 2003 THIRTY-NINTH LEGISLATIVE DAY

HR 25

Robert Henry Jordan Memorial Highway; designate (TRANS-14th) Buck-112th

TUESDAY, APRIL 22, 2003

2415

HR 28

Sonny Kemp Intersection; designate in Hall County (TRANS-49th) Amerson-9th

HR 81

Harold Mann Memorial Interchange; designate (TRANS-54th) Williams-4th

HR 88

Jim Gillis-Historic Savannah Parkway; designate (TRANS-19th) Day-126th

HR 106

Sheriff-elect Derwin Brown Memorial Bridge; designate (TRANS-19th) Chambers-53rd

HR 107

Staff Sgt. Avely W. Runnels Memorial Highway; designate (TRANS-8th) Black-144th

HR 115

Martin Luther King, Jr., Bypass; designate (TRANS-14th) Greene-134th

HR 128

Lt. Col. Doyce Ariail Highway; designate (TRANS-11th) Sholar-141st

HR 129

Shelton Isaiah DeLoach Memorial Bridge; designate (TRANS-3rd) Mosley-129th

HR 131

Albert Shelton Swindell Memorial Highway; designate (TRANS-3rd) Mosley-129th

HR 146

Dean Bryant Intersection; designate (TRANS-50th) Amerson-9th

HR 175

Rod Smith Memorial Garden; designate (RULES-49th) Rogers-20th

HR 212

Charles F. Hatcher Highway; designate (TRANS-12th) Dukes-136th

HR 213

Sonny Dixon Interchange; designate (TRANS-19th) Stephens-123rd

HR 406

Gamaliel Hilson Memorial Overpass; designate (TRANS-18th) Ray-108th

Senator Crotts of the 17th objected to HR 115 and asked unanimous consent that it be voted on individually. The consent was granted, and HR 115 was removed from the General Consent Calendar for Commemorative Resolutions.

The report of the committee, which was favorable to the adoption of the resolutions as reported, was agreed to.

2416

JOURNAL OF THE SENATE

On the adoption of the legislation on the General Consent Calendar for Commemorative Resolutions, a roll call was taken, and the vote was as follows:

Adelman Y Balfour
Blitch Y Bowen Y Brown Y Brush Y Bulloch E 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 adoption of the legislation, the yeas were 52, nays 0.

The following legislation, having been removed from the General Consent Calendar for Commemorative Resolutions was continued upon its passage:

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.

Senate Sponsor: Senator Hooks of the 14th.

Senator Crotts of the 17th offered the following amendment:

Amend HR 115 by adding on line 14 after the word highway "Designate that portion of Flatshoals Parkway in DeKalb County from I-285 to GA State Highway 155 as the "Earl Paulk Parkway." And the Department of Transportation is authorized and directed to erect signs so identifying the highway.

TUESDAY, APRIL 22, 2003

2417

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

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

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

On the adoption of the amendment, the yeas were 9, nays 35, and the Crotts 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
Brush Y Bulloch Y Butler Y Cagle
Cheeks Y Clay Y Collins

Y Harbison 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
Tanksley Tate Y Thomas,D Y Thomas,N

2418

JOURNAL OF THE SENATE

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

Y 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 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Stephens of the 51st asked unanimous consent that the reading of Governor Perdue's appointments found in the Journal of April 17, 2003 be dispensed with and that one roll call suffice in considering said appointments unless there were any objections.

There were no objections.

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 N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N 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
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 Y Thomas,D N Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the confirmation of Governor Perdue's appointments, the yeas were 49, nays 4 and the Governor's appointments were confirmed.

TUESDAY, APRIL 22, 2003

2419

On the confirmation of the appointees, the following communication was sent by the Secretary to His Excellency, Governor Sonny Perdue:
April 22, 2003
Honorable Sonny Perdue Governor State Capitol Atlanta, Georgia 30334
Dear Governor:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on April 14, 2003 were acted upon by the Georgia State Senate in session on April 22, 2003, with the following results:
The Honorable Wanda Barrs of Bleckley County, the Honorable Pat Biggerstaff of Lincoln County, and the Honorable Jim Franklin of Gordon County as members of the Board of Education for the term of office beginning February 13, 2003 and ending January 1, 2006 and until a successor is appointed. The vote on this confirmation was yeas 49, nays 4, and the nominees were confirmed.
The Honorable Garland Pinholster of Cherokee County as a member of the Board of Education for the term of office beginning February 13, 2003 and ending January 1, 2004 and until a successor is appointed. The vote on this confirmation was yeas 49, nays 4, and the nominee was confirmed.
The Honorable Mary Sue Murray of Douglas County as a member of the Board of Education for the term of office beginning February 13, 2003 and ending January 1, 2009 and until a successor is appointed. The vote on this confirmation was yeas 49, nays 4, and the nominee was confirmed.
The Honorable Al Hodge of Floyd County as a member of the Board of Education for the term of office beginning March 10, 2003 and ending January 1, 2004 and until a successor is appointed. The vote on this confirmation was yeas 49, nays 4, and the nominee was confirmed.
The Honorable Brad Bryant of DeKalb County as a member of the Board of Education for the term of office beginning April 10, 2003 and ending January 1, 2006 and until a successor is appointed. The vote on this confirmation was yeas 49, nays 4, and the nominee was confirmed.

2420

JOURNAL OF THE SENATE

The Honorable Raybon Anderson of Bulloch County, the Honorable Willard Lasseter of Colquitt County, and the Honorable Jim Tysinger of DeKalb County as members of the Board of Natural Resources for the term of office beginning February 26, 2003 and ending January 1, 2010 and until a successor is appointed. The vote on this confirmation was yeas 49, nays 4, and the nominees were confirmed.

The Honorable Ralph Callaway of Muscogee County as a member of the Board of Natural Resources for the term of office beginning March 26, 2003 and ending January 1, 2010 and until a successor is appointed. The vote on this confirmation was yeas 49, nays 4, and the nominee was confirmed.

The Honorable Danny Brown of Washington County and the Honorable Mary Edenfield Gibbs of Pulaski County as members of the Georgia Agricultural Exposition Authority for the term of office beginning March 12, 2003 and ending March 12, 2007 and until a successor is appointed. The vote on this confirmation was yeas 49, nays 4, and the nominees were confirmed.

The Honorable Julie Hunt of Tift County as a member of the Board of Regents for the term of office beginning April 7, 2003 and ending January 1, 2004 and until a successor is appointed. The vote on this confirmation was yeas 49, nays 4, and the nominee was confirmed.

The Honorable J. Randolph Evans of Cobb County as a member of the State Elections Board for the term of office beginning April 4, 2003 and ending April 5, 2005 and until a successor is appointed. The vote on this confirmation was yeas 49, nays 4, and the nominee was confirmed.
Sincerely,

/s/ Frank Eldridge, Jr. Secretary of the Senate
SENATE RULES CALENDAR TUESDAY, APRIL 22, 2003
THIRTY-NINTH LEGISLATIVE DAY

HB 166

Volunteer firemen; certain injuries; disability compensation (Amendment)(PS&HS-53rd) Ray-108th

HB 279

Bingo; use of certain electronic or computer devices; provisions (ED&T-36th) Moraitakis-42nd

HB 327

Conditioned air equipment and plumbing; redefine; include certain natural gas piping systems (Amendment)(RI&Util-1st) Powell-23rd

HB 367 HB 447 HB 468 HB 469 HB 413 HB 556 HB 385 HB 93 HB 189 HB 748 HB 497 HB 504 HB 287 HB 148 HB 380 HB 397

TUESDAY, APRIL 22, 2003

2421

Oral trust of personal property; provisions (JUDY-32nd) Keen-146th
Drivers' licenses for minors; amend provisions; driver training schools (Amendment)(PS&HS-11th) Powell-23rd
Income tax; estimated tax; underpayment amount (FIN-51st) Jamieson-22nd
Income tax; claim for refund; filing date (FIN-51st) Jamieson-22nd
Storm water wetlands; conservation use property; preferential assessment; ad valorem tax (FIN-27th) Burkhalter-36th
Revenue Commissioner; powers and duties (Substitute)(FIN-49th) Royal-140th
Debtor or creditor; debt adjustment; amend provisions (Substitute) (S JUDY-12th) Ashe-42nd
Occupation taxes; redefine gross receipts; exclude certain sales (FIN-33rd) Buck-112th
Sales tax; certain carpet samples; fair market value (FIN-53rd) Buck-112th
Enterprise zones; additional qualifying businesses and services (FIN-33rd) Buck-112th
East Central Georgia Railroad Excursion Authority; create (Amendment)(TRANS-20th) Porter-119th
Motor fuel tax; prepaid tax (Substitute)(FIN-19th) Royal-140th
Joint county and municipal sales tax; 2% levy by consolidated governments (FIN-16th) Buck-112th
Sales tax exemption; liquid petroleum gas; horticultural purposes (FIN-11th) Ray-108th
Flag; nonbinding state-wide referendum (RULES-9th) Richardson-26th
Firearms; certain unauthorized possession; affirmative defense (PS&HS-44th) Barnes-84th

2422 HB 531 HB 26 HB 722 HB 53 HB 225 HB 462 HB 537 HB 383 HR 266 HB 147 HB 182 HB 213 HB 319 HB 339

JOURNAL OF THE SENATE
Ad valorem tax; preferential assessment; environmentally contaminated property (FIN-50th) Royal-140th
Archeological and other submerged sites; prohibition against disturbing; exemption (NR&E-11th) Broome-141st
Domestic relations; temporary protective orders; duration (Substitute)(JUDY-37th) Jenkins-93rd
Anatomical gifts; advisory board; add organ recipient (H&HS-54th) Childers-13th
World Congress Center Overview Committee; additional members (Substitute)(ED&T-53rd) Coleman-118th
Sexual exploitation of children; computer pornography; obscene Internet contact with child (JUDY-30th) Boggs-145th
Housing tax credits; qualified projects; credit amounts (FIN-50th) Royal-140th
Taxable net income; exclude certain military pay (FIN-16th) Birdsong-104th
Regional development center boundaries; ratify changes (ED&T-16th) Houston-139th
State employees' health insurance; agricultural commodity commission employees (AG&CA-11th) Ray-108th
Uniform rules of the road; improve enforcement; amend provisions (PS&HS-42nd) Benfield-56th
Payment card transactions; printed receipt; restrict information (Substitute)(JUDY-37th) Moraitakis-42nd
Drivers' licenses; social security number or certification of non-eligibility (Amendment)(PS&HS-16th) Powell-23rd
Probation system; confidential records; commissioner may declassify (JUDY-2nd) Greene-134th

HB 424 HB 457 HB 463 HB 519 HB 680 HB 721 HB 815 HB 140 HB 493 HB 194 HB 226 HR 591 HB 341 HB 517 HB 527

TUESDAY, APRIL 22, 2003

2423

State employees; payroll deductions; Georgia Higher Education Savings Plan (H ED-30th) Porter-119th
Motor vehicles; reduce speed when passing certain stationary vehicles (TRANS-53rd) Buck-112th
Sex offender registry; amend provisions (Substitute)(JUDY-30th) Boggs-145th
Lake Lanier Islands Development Authority; allocation of certain funds (ED&T-49th) Rogers-20th
Check cashing businesses; licensure; change certain exemption (B&FI-47th) Epps-90th
Health insurance identification cards; prohibit showing social security number (I&L-16th) Jenkins-93rd
Hunting and fishing; amend license provisions (Substitute)(NR&E-49th) Lane-101st
Criminal justice agencies; limit certain data to Georgia Crime Information Center; certain warrants (JUDY-32nd) Buck-112th
Alcoholic beverage sales; consumption on premises; local authorization (RI&Util-1st) Drenner-57th
Uniform Athlete Agents Act; enact (Substitute)(JUDY-46th) Powell-23rd
County and state ordinances; violation; increase penalty (S JUDY-3rd) Randall-107th
Judge Jim Weeks Intersection; designate (Amendment) (TRANS-19th) Mobley-58th
HOPE scholarships; private colleges; certain part-time eligibility (H ED-30th) McBee-74th
Retail installment contracts and revolving accounts; fees (Amendment)(FIN-20th) Porter-119th
Ad valorem tax exemption; farm equipment in inventory for resale (FIN-19th) Sims-130th

2424 HB 581 HB 621 HB 25 HB 91 HB 263 HB 291 HB 301 HB 318 HB 321 HB 415 HB 423 HB 427 HB 590 HB 719 HB 772

JOURNAL OF THE SENATE
Motor vehicle franchises; enforcement by Department of Motor Vehicle Safety (PS&HS-29th) Powell-23rd
State Financing and Investment Commission and Environmental Facilities Authority; amend (FIN-33rd) Buck-112th
Teachers and other personnel; certain forfeited leave; restoration (ED-24th) Morris-120th
2003 Fairness in Arbitration Act; enact (JUDY-32nd) Oliver-56th
Mass transportation service; increase limit of state funds (TRANS-17th) Smith-13th
Administrative Services, Department of; certain bidding procedure; delete repealer (SLGO(G)-11th) Ashe-42nd
Judicial sales later rescinded; limitation of damages (JUDY-29th) Crawford-91st
Adult Day Center Licensure Act; enact (Substitute)(H&HS-45th) McClinton-59th
Subdivisions accessing state highway system; Department of Transportation approval (TRANS-19th) Floyd-132nd
Sheriffs engaging in certain businesses; violation of oath of office (PS&HS-53rd) Snow-1st
Municipalities; lease property to certain nonprofit corporation (Substitute)(SLGO(G)-28th) Howell-92nd
Elections; direct recording electronic voting systems; amend provisions (Substitute)(SLGO(G)-45th) Powell-23rd
Teachers transferring from other states; exempt from certain exams (Amendment)(ED-24th) Greene-Johnson-60th
Hybrid vehicles; authorization to use designated travel lanes (Substitute)(TRANS-19th) Jenkins-93rd
Bingo games; operation by auxiliary unit of parent organization (ED&T-7th) Birdsong-104th

HB 846 HB 87 HB 735 HB 90 HB 638 HB 290 HB 626 HB 324 HB 45 HB 175 HB 346 HR 263 SR 431 HB 255 HB 561

TUESDAY, APRIL 22, 2003

2425

OCGA; conform references to House and Senate committee names (RULES-9th) Skipper-116th
Bingo; fee for conducting games; increase (ED&T-15th) Buck-112th
Supplemental appropriation; Department of Labor (I&L-8th) Smith-13th
State bar applicants; submit fingerprints to FBI for check (JUDY-30th) Boggs-145th
State benefits plans; include employees of critical access hospitals (Substitute)(I&L-4th) Channell-77th
Ad valorem tax; certain use assessment; riverside or streamside land (FIN-49th) Rogers-20th
Ad valorem tax; motor vehicles; exempt veterans organizations (FIN-23rd) Childers-13th
International Affairs Coordinating Council; create (I COOP-37th) McBee-74th
Commission on Men's Health; presiding officer; term (H&HS-54th) Childers-13th
Smoking in motor vehicle with child in car seat; define offense (Substitute)(JUDY-32nd) Smith-13th
Sales tax; educational purposes; local boards; performance audit (FIN-1st) Millar-52nd
Subsequent Injury Trust Fund Joint Study Committee; create (Amendment)(RULES-9th) Bannister-70th
Electric Transmission Lines, Study Committee; create (RULES-45th)
Superior court fees; interpreters; temporary protective order hearings (JUDY-37th) Hill-81st
Local governments; grant certification; audits (SLGO(G)-11th) Henson-55th

2426

JOURNAL OF THE SENATE

HB 185

Drivers' licenses; certain suspension; limited driving permits (TRANS-19th) Black-144th

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 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.

Senate Sponsor: Senator Mullis of the 53rd.

The Senate Public Safety and Homeland Security Committee offered the following amendment:

Amend HB 166 by striking the words "duty or" and inserting in lieu thereof the words "duty and" on lines 2 and 7 of page 2.

On the adoption of the amendment, the yeas were 44, 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
Brown Y Brush Y Bulloch

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

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

TUESDAY, APRIL 22, 2003

2427

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

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

Stokes 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 49, nays 0.

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

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.

Senate Sponsor: Senator Zamarripa of the 36th.

Senator Cagle of the 49th moved that HB 279 be placed on the Table.

Senator Butler of the 55th objected.

The President stated that the motion was not debatable.

On the motion, 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

N Harbison Y Harp N Henson Y Hill N Hooks Y Hudgens Y Jackson Y Johnson

N Seay Y Shafer N Smith,F Y Smith,P N Squires
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 N Golden Y Hall Y Hamrick

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

Y Tanksley N Tate Y Thomas,D N Thomas,N
Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa

On the motion, the yeas were 34, nays 20; the motion prevailed, and HB 279 was placed on the Table.

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.

Senate Sponsor: Senator Johnson of the 1st.

The Senate Regulated Industries and Utilities Committee offered the following amendment:

Amend HB 327 to insert in line 5 of page 1 between the word "exceptions" and the semicolon the words "to application of the chapter".

By striking line 7 of page 2 and inserting in lieu thereof the following:
"(p) This chapter shall not apply to any employee or authorized agent of a regulated gas utility or municipal owned".

On the adoption of the amendment, the yeas were 30, nays 0, and the committee amendment was adopted.

Senators Kemp of the 3rd and Johnson of the 1st offered the following amendment:

Amend HB 327 by inserting on line 4 of page 1 following the word and symbol "meter;" the following:

TUESDAY, APRIL 22, 2003

2429

"to provide for period for certain businesses to continue business operations after the death of the licensee;".

By redesignating Sections 2 through 4 as Sections 3 through 5, respectively.

By inserting between lines 3 and 4 of page 2 the following:
"SECTION 2. Said chapter is further amended by striking subsection (h) of Code Section 43-14-8, relating to licensing required for electrical, plumbing, or conditioned air contracting, and inserting in lieu thereof a new subsection (h) to read as follows:
'(h) No partnership, limited liability company, or corporation shall have the right to engage in the business of conditioned air contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid licenses issued to them as provided for in this chapter; provided, however, that partners, officers, and employees of the individual who fulfilled the licensing requirements shall continue to be authorized to engage in the business of conditioned air contracting under a license which was valid at the time of the licensees death for a period of 90 days following the date of such death.'"

On the adoption of the amendment, the yeas were 35, nays 0, and the Kemp of the 3rd, Johnson 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 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 Y Hill Y Hooks Y Hudgens
Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt
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
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
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.

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

Please record my vote on HB 327 as a yes.

/s/ Williams of the 19th

Senator Kemp of the 46th asked unanimous consent that Senator Clay of the 37th be excused. The consent was granted, and Senator Clay was excused.

The Calendar was resumed.

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.

Senate Sponsor: Senator Tanksley of the 32nd.

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 Harbison Y Harp Y Henson Y Hill

Y Seay Y Shafer Y Smith,F Y Smith,P

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2431

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

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 Squires Starr
Y Stephens Y Stokes Y Tanksley
Tate Y Thomas,D
Thomas,N N Thomas,R
Thompson Y Tolleson
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.

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.

Senate Sponsor: Senator Bulloch of the 11th.

The Senate Public Safety and Homeland Security Committee offered the following amendment:

Amend HB 447 by striking the number and symbol "$75.00" on line 8 of page 6 and
inserting in its place the following: "$75.00 $90.00".

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JOURNAL OF THE SENATE

By striking the number and symbol "$15.00" on line 33 of page 6 and inserting in its place the following:
"$15.00 $25.00".
By adding after the word "state" on line 4 of page 10 the following: ", except for motorcycle operator safety training programs conducted by or on behalf of the Department of Motor Vehicle Safety pursuant to Chapter 15 of Title 40".
On the adoption of the amendment, the yeas were 37, nays 0, and the committee amendment was adopted.
Senators Henson of the 41st and Clay of the 37th offered the following amendment:
Amend HB 447 by adding after "as" on line 2 of page 1 the following: "to provide that licensed driver training instructors may under certain conditions act as agents for parents or guardians for purposes of applications for licenses for persons under age 21;".
By renumbering Sections 1 through 20 as Sections 2 through 21, respectively.
By adding after line 1 of page 2 a new Section 1 to read as follows:
"SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-26, relating to applications of minors for drivers licenses and distinctive licenses for persons under age 21, by striking subsection (a) and inserting in lieu thereof the following:
'(a) The application of any person under the age of 18 years for an instruction permit or drivers license shall be signed:
(1) Signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths or, in the event there is no parent or guardian, by another responsible adult; or (2) Signed and verified by a licensed driver training instructor before a person authorized to administer oaths when such instructor is acting as an agent for such purposes on behalf of the father, mother, or guardian of the applicant and such agency is evidenced by permission of such parent or guardian which has been granted in writing and signed and verified by such parent or guardian before a person authorized to administer oaths and on such form as shall be prescribed by rule or regulation of the department.'"
By striking line 3 of page 2 and inserting in its place the following: "Said title is further".

TUESDAY, APRIL 22, 2003

2433

By striking lines 10 and 11 of page 15 and inserting in their place the following: "(a) Section 2 of this Act shall become effective January 1, 2004. (b) Section 1 and Sections 3 through 19 of this Act shall become effective July 1, 2003."

Senator Henson of the 41st asked unanimous consent that his amendment be withdrawn.

The consent was granted, and the Henson, Clay amendment was withdrawn.

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 E 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
Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F Y Smith,P
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 52, nays 1.

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

Senator Crotts of the 17th introduced Mrs. Martha Talbot Eaves, commended by SR 452, adopted previously.

The Calendar was resumed.

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JOURNAL OF THE SENATE

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 method of calculating underpayment amounts; and for other purposes.
Senate Sponsor: Senator Stephens of the 51st.

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 E 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 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 53, nays 0.

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

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

TUESDAY, APRIL 22, 2003

2435

which certain income tax refunds may be claimed; and for other purposes.

Senate Sponsor: Senator Stephens of the 51st.

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 E Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall
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

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 51, nays 0.

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

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

2436

JOURNAL OF THE SENATE

wetlands; to change certain provisions relating to bona fide conservation use property and bona fide residential transitional property; and for other purposes.

Senate Sponsor: Senator Moody of the 27th.

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
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
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.

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

TUESDAY, APRIL 22, 2003

2437

additional fees with respect to collection of tax liabilities; and for other purposes.
Senate Sponsor: Senator Cagle of the 49th.
The Senate Finance Committee offered the following substitute to HB 556:
A BILL TO BE ENTITLED AN ACT
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; to increase the amount of the retirement income exclusion for state income tax purposes; to provide for extended filing and payment dates with respect to certain returns which have been electronically filed; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section immediately following Code Section 48-3-28, to be designated Code Section 48-3-29, to read as follows:
"48-3-29. The commissioner may publish in the media or on the Internet for public access any or all information with respect to executions issued for the collection of any tax, fee, license, penalty, interest, or collection costs due the state which are recorded on the public records of any county. The publication provided for in this Code section shall not constitute an unlawful disclosure of any information even though the executions giving rise to the information may be subsequently partially paid, paid and canceled, or withdrawn. The commissioner shall provide for the removal of such information as published under this Code section as soon as reasonably possible after the execution has been satisfied or withdrawn."
SECTION 2. Said title is further amended by adding a new Code section immediately following Code Section 48-2-54, to be designated Code Section 48-2-54.1, to read as follows:
"48-2-54.1. The commissioner is authorized to charge to the taxpayers account any costs or fees which are charged to the commissioner by the United States Treasury Financial Management System for offsetting federal refund claims against any tax liability which

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JOURNAL OF THE SENATE

is owed by a taxpayer to the state and for which the commissioner has the responsibility for collection."
SECTION 3. Said title is further amended in Code Section 48-7-27, relating to computation of taxable net income, by striking divisions (a)(5)(A)(viii) and (a)(5)(A)(ix) and inserting in their place the following:
"(viii) For taxable years beginning on or after January 1, 2002, and prior to January 1, 2003, retirement income from any source not to exceed an exclusion amount of $14,500.00; and (ix) For taxable years beginning on or after January 1, 2003, and prior to January 1, 2006, retirement income from any source not to exceed an exclusion amount of $15,000.00; (x) For taxable years beginning on or after January 1, 2006, and prior to January 1 2007, retirement income from any source not to exceed an exclusion amount of $55,000.00; and (xi) For taxable years beginning on or after January 1, 2007, retirement income from any source not to exceed an exclusion amount of $65,000.00."
SECTION 4. Said title is further amended by striking subsection (a) of Code Section 48-7-56, relating to time and place for filing returns, and inserting in its place a new subsection (a) to read as follows:
"(a) Returns of taxpayers other than corporations shall be filed with the commissioner on or before April 15 in each year except that in the case of taxpayers using a fiscal year the return shall be filed on or before the fifteenth day of the fourth month after the close of the fiscal year. However, in the case a taxpayers return is allowed to be filed at a later date, pursuant to the Internal Revenue Code of 1986 as it existed on or after January 1, 2003, because the taxpayer has electronically filed returns, the date the return shall be filed shall be extended without interest and penalty to the date the return is allowed to be filed pursuant to the Internal Revenue Code of 1986 as it existed on or after January 1, 2003. Returns of corporations made on the basis of a calendar year shall be filed on or before the fifteenth day of March following the close of the calendar year, and returns of corporations made on the basis of a fiscal year shall be filed on or before the fifteenth day of the third month following the close of the fiscal year. Returns required for a taxable year relating to returns of domestic import sales corporations and former domestic import sales corporations and foreign sales corporations shall be filed on or before the fifteenth day of the ninth month following the close of the taxable year. The commissioner may allow further time for filing returns in the case of sickness or other disability or whenever in his judgment good cause exists for the extension. In case a taxpayer is granted an extension of time to file a return, the commissioner may require a tentative return to be filed on or before the due date of the return for which the extension is granted. A tentative return shall be made on

TUESDAY, APRIL 22, 2003

2439

the usual form, shall be plainly marked 'tentative,' shall state the estimated amount of the tax believed to be due, and shall be properly signed by the taxpayer."

SECTION 5. Said title is further amended by striking Code Section 48-7-80, relating to time and place of payment of tax on basis of calendar or fiscal year, and inserting in its place a new Code Section 48-7-80 to read as follows:
"48-7-80. The total amount of tax imposed by this chapter on taxpayers other than corporations shall be paid to the commissioner on or before April 15 following the close of the calendar year. If the return of a taxpayer other than a corporation is made on the basis of a fiscal year, the tax shall be paid to the commissioner on or before the fifteenth day of the fourth month following the close of the fiscal year. However, in the case a taxpayers return is allowed to be filed at a later date, pursuant to the Internal Revenue Code of 1986 as it existed on or after January 1, 2003, because the taxpayer has electronically filed returns, the date of payment shall be extended without interest and penalty to the date the return is allowed to be filed pursuant to the Internal Revenue Code of 1986 as it existed on or after January 1, 2003. The total amount of tax imposed by this chapter on corporations shall be paid to the commissioner on or before March 15, following the close of the calendar year. If the return of a corporation is made on the basis of a fiscal year, the tax shall be paid to the commissioner on or before the fifteenth day of the third month following the close of the fiscal year."

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 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 Y Brush

Y Harbison Y Harp Y Henson
Hill Y Hooks Y Hudgens

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

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JOURNAL OF THE SENATE

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 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 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 52, nays 0.

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

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.

Senate Sponsor: Senator Meyer von Bremen of the 12th.

Senator Price of the 56th asked unanimous consent that HB 385 be placed on the Table.

The consent was granted, and HB 385 was placed on the Table.

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

TUESDAY, APRIL 22, 2003

2441

corporations, their wholly owned subsidiaries, and certain corporations partially owned by such parents or subsidiaries; and for other purposes.

Senate Sponsor: Senator Thompson of the 33rd.

Senator Price of the 56th asked unanimous consent that HB 93 be placed on the Table.

The consent was granted, and HB 93 was placed on the Table.

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.

Senate Sponsor: Senator Mullis of the 53rd.

Senator Price of the 56th moved that HB 189 be placed on the Table.

Senator Butler of the 55th objected.

On the motion, 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 N Dean
Fort N Gillis Y Golden

N Harbison Y Harp N Henson Y Hill
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 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
Thomas,R N Thompson Y Tolleson Y Unterman Y Williams

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JOURNAL OF THE SENATE

Y Hall Hamrick

N Reed Y Seabaugh

Y Zamarripa

On the motion, the yeas were 34, nays 18; the motion prevailed, and HB 189 was placed on the Table.

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.

Senate Sponsor: Senator Thompson of the 33rd.

Senator Price of the 56th moved that HB 748 be placed on the Table.

Senator Thomas of the 10th objected.

On the motion, 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 N Fort Y Gillis Y Golden Y Hall
Hamrick

N Harbison Y Harp N Henson
Hill Hooks Y Hudgens Y 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 Y 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

TUESDAY, APRIL 22, 2003

2443

On the motion, the yeas were 34, nays 19; the motion prevailed, and HB 748 was placed on the Table.

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.

Senate Sponsor: Senator Gillis of the 20th.

Senator Price of the 56th moved that HB 497 be placed on the Table.

Senator Squires of the 5th objected.

On the motion, 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 N Fort Y Gillis Y Golden Y Hall
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
Reed Y Seabaugh

N Seay Y Shafer N Smith,F Y Smith,P N Squires N 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 N Zamarripa

On the motion, the yeas were 33, nays 18; the motion prevailed, and HB 497 was placed on the Table.

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JOURNAL OF THE SENATE

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.

Senate Sponsor: Senator Williams of the 19th.

Senator Price of the 56th moved that HB 504 be placed on the Table.

Senator Smith of the 25th objected.

On the motion the yeas were 30, nays 13; the motion prevailed, and HB 504 was placed on the Table.

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

Mr. President:

The House has disagreed to the Senate substitutes to the following Bills of the House:

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.

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

TUESDAY, APRIL 22, 2003

2445

the comprehensive revision of provisions regarding class actions; and for other purposes.

The House has disagreed to the Senate amendment to the following Bill of the House:

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 that a student has received and reviewed information about meningococcal meningitis and has chosen not to be vaccinated; and for other purposes.

The House insists on its position in substituting the following Bill and Resolution of the Senate:

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.

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.

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JOURNAL OF THE SENATE

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 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.

The Speaker has appointed on the part of the House, Representatives Jamieson of the 22nd, Royal of the 140th, and Skipper of the 116th.

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 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.

The Speaker has appointed on the part of the House, Representatives Porter of the 119th, Bordeaux of the 125th, and Benfield of the 56th, Post 1.

The Calendar was resumed.

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

TUESDAY, APRIL 22, 2003

2447

governments; to provide for imposition of such tax at the rate of 2 percent by consolidated governments; and for other purposes.
Senate Sponsor: Senator Harp of the 16th.

Senator Price of the 56th moved that HB 287 be placed on the Table.

Senator Harbison of the 15th objected.

Senator Harbison of the 15th called for the yeas and nays; the call was sustained, 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 N Fort Y Gillis
Golden Y Hall
Hamrick

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

N Seay Y Shafer N Smith,F Y Smith,P N Squires Y Starr Y Stephens Y 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 motion, the yeas were 34, nays 18; the motion prevailed, and HB 287 was placed on the Table.

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

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JOURNAL OF THE SENATE

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.

Senate Sponsor: Senator Bulloch of the 11th.

Senator Price of the 56th moved that HB 148 be placed on the Table.

Senator Blitch of the 7th objected.

On the motion, 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 Y Fort Y Gillis Y Golden Y Hall Y Hamrick

N Harbison Y Harp N Henson Y Hill Y 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

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

On the motion, the yeas were 37, nays 17; the motion prevailed, and HB 148 was placed on the Table.

Senator Thomas of the 10th moved that the following bill, having been placed on the Table earlier today, be taken from the Table:

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

TUESDAY, APRIL 22, 2003

2449

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.

Senate Sponsor: Senator Williams of the 19th.

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

Y Harbison N Harp
Henson N Hill N Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee N 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 Y Thomas,R Y Thompson N Tolleson N Unterman N Williams N Zamarripa

On the motion, the yeas were 19, nays 33; the motion failed, and HB 504 was not taken from the Table.

The following bill was taken up to consider House action thereto:

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.

Senator Johnson of the 1st asked unanimous consent that the Senate insist on its substitute to HB 792. The consent was granted, and the Senate insisted on its substitute to HB 792.

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JOURNAL OF THE SENATE

The following bill was taken up to consider House action thereto:
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 that a student has received and reviewed information about meningococcal meningitis and has chosen not to be vaccinated; and for other purposes.
Senator Meyer von Bremen of the 12th asked unanimous consent that the Senate insist on its amendment to HB 521. The consent was granted, and the Senate insisted on its amendment to HB 521.
The following bill was taken up to consider House action thereto:
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.
Senator Johnson of the 1st asked unanimous consent that the Senate insist on its substitute to HB 237. The consent was granted, and the Senate insisted on its substitute to HB 237.
The Calendar was resumed.
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 "Post-1956 Georgia State

TUESDAY, APRIL 22, 2003

2451

Flag," the qualified electors of Georgia prefer in the event that a majority of the qualified electors of Georgia are in favor of changing the "Current Georgia State Flag"; and for other purposes.

Senate Sponsor: Senator Balfour of the 9th.

Senator Squires of the 5th moved that HB 380 be placed on the Table.

Senator Price of the 56th objected.

On the motion, 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 N Crotts
Dean Y Fort N Gillis Y Golden Y Hall N Hamrick

Y Harbison N Harp Y Henson N Hill N Hooks N Hudgens N 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
Reed N Seabaugh

Y Seay N Shafer Y Smith,F N Smith,P Y Squires 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 motion, the yeas were 19, nays 35; the motion lost, and HB 380 was not placed on the Table.

Senator Thomas of the 10th moved that the Senate reconsider its action in failing to Table HB 380.

On the motion, Senator Thomas of the 10th called for the yeas and nays; the call was sustained, and the vote was as follows:

Y Adelman N Balfour

Y Harbison N Harp

Y Seay N Shafer

2452

JOURNAL OF THE SENATE

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

Y Henson N Hill N Hooks N Hudgens Y Jackson N Johnson N Kemp,B N Kemp,R N Lamutt N Lee
Levetan N 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 Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the motion to reconsider, the yeas were 21, nays 33; the motion failed, and the Senate did not reconsider its action in failing to place HB 380 on the Table.

Senator Brown of the 26th moved that HB 380 be postponed to 2:30 p.m. today.

Senator Price of the 56th objected.

On the motion, 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 N Crotts Y Dean Y Fort
Gillis

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 Y Levetan Y Me V Bremen N Moody N Mullis

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

TUESDAY, APRIL 22, 2003

2453

Y Golden N Hall N Hamrick

N Price Y Reed N Seabaugh

N Williams Y Zamarripa

On the motion, the yeas were 22, nays 32; the motion lost, and HB 380 was not postponed.

Senator Fort of the 39th moved that the Senate suspend action on HB 380 until a Fiscal Note was received.

Senator Lee of the 29th moved the previous question on the motion to suspend action on HB 380 until a Fiscal Note was received.

On the call for the previous question, 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 Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort
Gillis Y Golden Y Hall Y Hamrick

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

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

On the motion to call for the previous question, the yeas were 42, nays 12; the motion prevailed, and the previous question on the motion to suspend action on HB 380 was called.

On the motion to suspend action on HB 380 until a Fiscal Note was received, a roll call was taken, and the vote was as follows:

2454

JOURNAL OF THE SENATE

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

Y Harbison Y Harp Y Henson N Hill Y Hooks N Hudgens N Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt Y Lee Y 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 N Tanksley Y Tate N Thomas,D N Thomas,N
Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the motion to suspend action, the yeas were 22, nays 31; the motion failed, and the Senate did not suspend action on HB 380.

The following communications were received by the Secretary:

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

The State Senate Atlanta, Georgia 30334
April 22, 2003

Dear Mr. Secretary:

I respectfully request that my vote on the motion to suspend for the fiscal note for HB 380 be changed from no to yes.

Sincerely,

/s/ Nadine Thomas

TUESDAY, APRIL 22, 2003

2455

The State Senate Atlanta, Georgia 30334
April 22, 2003

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

Dear Secretary:

This is a request to change my vote on "Motion to Suspend" for the fiscal note regarding House Bill 380 (Flag bill). Let the record show that I voted Yes rather than No.

Thank you for your assistance.

Sincerely,

/s/ Gloria Butler, Senator 55th District

Senator Hooks of the 14th offered the following amendment #1:

Amend HB 380 by striking all matter on lines 19 through 28 of page 2 and inserting in lieu thereof the following:
"as the state seal. consist of a square canton on a field of three horizontal bands of equal width. The top and bottom bands shall be scarlet and the center band white. The bottom band shall extend the entire length of the flag, while the center and top bands shall extend from the canton to the fly end of the flag. The canton of the flag shall consist of a square of blue the width of two of the bands, in the upper left of the hoist of the flag. In the center of the canton shall be placed a representation in gold of the coat of arms of Georgia as shown in the center of the obverse of the Great Seal of the State of Georgia adopted in 1799 and amended in 1914. Centered immediately beneath the coat of arms shall be the words "IN GOD WE TRUST" in capital letters. The coat of arms and wording "IN GOD WE TRUST" shall be encircled by 13 white five-pointed stars, representing Georgia and the 12 other original states that formed the United States of America. Official specifications of the flag, including color identification system, type sizes and fonts, and overall dimensions, shall be established by the Secretary of State, who pursuant to Code Section 50-3-4 serves as custodian of the state flag. Every force of the organized militia shall carry this flag while on parade or review.'"

By striking all matter beginning with line 25 of page 3 and ending with line 2 of page 4 and inserting in lieu thereof the following:

2456

JOURNAL OF THE SENATE

"'(a) The flag of the State of Georgia shall consist of a square canton on a field of three horizontal bands of equal width. The top and bottom bands shall be scarlet and the center band white. The bottom band shall extend the entire length of the flag, while the center and top bands shall extend from the canton to the fly end of the flag. The canton of the flag shall consist of a square of blue the width of two of the bands, in the upper left of the hoist of the flag. In the center of the canton shall be placed a representation in gold of the coat of arms of Georgia as shown in the center of the obverse of the Great Seal of the State of Georgia adopted in 1799 and amended in 1914. Centered immediately beneath the coat of arms shall be the words "IN GOD WE TRUST" in capital letters. The coat of arms and wording "IN GOD WE TRUST" shall be encircled by 13 white five-pointed stars, representing Georgia and the 12 other original states that formed the United States of America. Official specifications of the flag, including color identification system, type sizes and fonts, and overall dimensions, shall be established by the Secretary of State, who pursuant to Code Section 50-3-4 serves as custodian of the state flag. consist of a vertical band".

By striking all matter beginning with line 14 of page 4 and ending with line 22 of page 4 and inserting in lieu thereof the following:
"'(a) The flag of the State of Georgia shall consist of a square canton on a field of three horizontal bands of equal width. The top and bottom bands shall be scarlet and the center band white. The bottom band shall extend the entire length of the flag, while the center and top bands shall extend from the canton to the fly end of the flag. The canton of the flag shall consist of a square of blue the width of two of the bands, in the upper left of the hoist of the flag. In the center of the canton shall be placed a representation in gold of the coat of arms of Georgia as shown in the center of the obverse of the Great Seal of the State of Georgia adopted in 1799 and amended in 1914. Centered immediately beneath the coat of arms shall be the words "IN GOD WE TRUST" in capital letters. The coat of arms and wording "IN GOD WE TRUST" shall be encircled by 13 white five-pointed stars, representing Georgia and the 12 other original states that formed the United States of America. Official specifications of the flag, including color identification system, type sizes and fonts, and overall dimensions, shall be established by the Secretary of State, who pursuant to Code Section 50-3-4 serves as custodian of the state flag. contain a vertical band of".

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

Y Harbison N Harp Y Henson N Hill Y Hooks

Y Seay N Shafer Y Smith,F N Smith,P Y Squires

TUESDAY, APRIL 22, 2003

2457

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

N Hudgens Y Jackson N Johnson Y 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 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

On the adoption of the amendment, the yeas were 29, nays 25, and the Hooks amendment #1 was adopted.

Senator Johnson of the 1st moved that the Senate reconsider its action in adopting the Hooks amendment #1.

On the motion, 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 Y Dean N Fort N Gillis N Golden Y Hall
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 N Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa

2458

JOURNAL OF THE SENATE

On the motion, the yeas were 30, nays 25; the motion prevailed, and the Senate reconsidered its action in adopting amendment #1.

On the adoption of amendment #1, 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 N Cheeks N Clay N Collins N Crotts N Dean Y Fort Y Gillis Y Golden Y Hall
Hamrick

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson Y 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 Y 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 29, nays 26, and the Hooks amendment #1 was adopted.

Senators Brown of the 26th, Fort of the 39th, Thomas of the 10th, Stokes of the 43rd, Harbison of the 15th and others offered the following amendment #2:

Amend HB 380 by striking line 1 of page 1 through line 14 of page 6 and inserting in lieu
thereof the following: "To amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the description of the state flag, so as to change the description of the state flag; 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. Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the description of the state flag, is amended by striking subsection (a) and inserting in its

TUESDAY, APRIL 22, 2003

2459

place a new subsection (a) to read as follows: '(a) The flag of the State of Georgia shall be a blue field, centered upon which shall be placed a representation of that side of the great seal of the state described at subsection (c) of Code Section 50-3-30, centered in a circle of 13 equally spaced white mullets or five-pointed stars, and beneath the same shall be an escroll or ribbon, gold, two-thirds of the length of the field, bearing the words "Georgias History" and charged below said words with a representation of five flags horizontally presented as follows: the first, to the left, being that version of the flag of the United States of America consisting of a field of 13 red and white stripes and, centered in a canton of blue, a circle of 13 equally spaced white mullets or five-pointed stars, as adopted by the Continental Congress in 1777 and commonly known as the "Stars and Stripes" or the "1777 Flag"; to the right thereof a flag consisting of a field of blue, centered upon which shall be placed a representation of the coat of arms of the state as the same appeared on the great seal of the state adopted in 1799, and which flag is commonly known as the "Pre-1879 Georgia State Flag"; to the right thereof a flag consisting of a vertical band of blue occupying the leftmost one-third of the entire flag, on which shall be placed a representation of that side of the great seal of the state approved in 1914 which contained the coat of arms of the state, and the remainder of which flag shall consist of a scarlet field horizontally bisected by a white band such that said band shall be equal in width to the remainder of the scarlet field both above and below, which flag is commonly known as the "Pre-1956 Georgia State Flag"; to the right thereof the flag of the State of Georgia as approved at Ga. L. 1956, p. 38, Section 1; and to the right thereof that version of the flag of the United States of America consisting of a field of 13 red and white stripes and a canton of blue bearing 50 white mullets or five-pointed stars, such that such flag shall represent the flag of the United States of America as the same appeared on July 4, 1960. And under the horizontal representation of the five flags, the phrase "In God We Trust" shall be written in the blue section and in the same gold color as the state seal. Every force of the organized militia shall carry this flag when on parade or review. (a) The flag of the State of Georgia shall be three horizontal bands. The bottom horizontal band shall be red and shall occupy one-third of the entire flag. The center horizontal band shall be white and shall occupy two-thirds of the length of the flag and shall bear the words "IN GOD WE TRUST" which words shall be the same blue color as the square field of blue. The top horizontal band shall be red and shall occupy twothirds of the length of the flag. The remainder of the space shall be a square, one-third of the length of the flag, nearest to the flagstaff, consisting of a field of blue, centered upon which shall be placed a representation of the coat of arms of the state, and which seal shall be encircled by 13 white five-pointed stars. Every force of the organized militia shall carry this flag when on parade or review.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed."

2460

JOURNAL OF THE SENATE

Senators Harbison of the 41st, Butler of the 55th, Tate of the 38th, Fort of the 39th, Brown of the 26th and Thomas of the 2nd offered the following amendment #2A to amendment #2 (AM 19 0739) to HB 380:

By striking line 9 of page 2 the following: "and shall occupy two-thirds of the length of the flag and"

By striking line 11 of page 2 the following: "and shall occupy two-thirds of the length of the flag"

By striking line 12 of page 2 the following: "one-third of the length of the flag,"

On the adoption of the amendment, the yeas were 40, nays 4, and the Harbison, et al. amendment #2A to amendment #2, was adopted.

On the adoption of amendment #2 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 N Bulloch Y Butler N Cagle N Cheeks N Clay Y Collins N Crotts N Dean Y Fort N Gillis Y Golden Y Hall
Hamrick

Y Harbison N Harp Y Henson N Hill N Hooks N Hudgens N 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 Y Smith,F N Smith,P Y Squires N 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

On the adoption of the amendment, the yeas were 22, nays 33, and the Harbison, et al. amendment #2, as amended, was lost.

Due to the failure to adopt amendment #2, the Harbison, et al. amendment #2A was

TUESDAY, APRIL 22, 2003

2461

moot.
Senators Fort of the 39th, Tate of the 38th, Henson of the 41st, Stokes of the 43rd, Harbison of the 15th and others offered the following amendment #3:
Amend HB 380 by striking lines 8 and 9 of page 1 and inserting in lieu thereof the following:
"the voters at another nonbinding referendum election; to provide for legislative findings;".
By striking line 2 of page 5 and inserting in lieu thereof the following: "(a) It shall be the duty of the Secretary of State to issue the call for the nonbinding referendum election".
By inserting on line 6 of page 5 immediately following the word "that" the word "nonbinding".
By striking in their entirety lines 17 through 21 of page 5.
On the adoption of the amendment, the yeas were 18, nays 32, and the Fort, et al. amendment #3 was lost.
Senators Tate of the 38th, Brown of the 26th, Fort of the 39th, Stokes of the 43rd, Harbison of the 15th and others offered the following amendment #4:
Amend HB 380 by striking line 1 of page 1 through line 14 of page 6 and inserting in lieu thereof the following: "To amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the description of the state flag, so as to change the description of the state flag; 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. Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the description of the state flag, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
'(a) The flag of the State of Georgia shall be a blue field, centered upon which shall be placed a representation of that side of the great seal of the state described at subsection (c) of Code Section 50-3-30, centered in a circle of 13 equally spaced white mullets or five-pointed stars, and beneath the same shall be an escroll or ribbon, gold, two-thirds of the length of the field, bearing the words "Georgias History" and charged below said

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words with a representation of five flags horizontally presented as follows: the first, to the left, being that version of the flag of the United States of America consisting of a field of 13 red and white stripes and, centered in a canton of blue, a circle of 13 equally spaced white mullets or five-pointed stars, as adopted by the Continental Congress in 1777 and commonly known as the "Stars and Stripes" or the "1777 Flag"; to the right thereof a flag consisting of a field of blue, centered upon which shall be placed a representation of the coat of arms of the state as the same appeared on the great seal of the state adopted in 1799, and which flag is commonly known as the "Pre-1879 Georgia State Flag"; to the right thereof a flag consisting of a vertical band of blue occupying the leftmost one-third of the entire flag, on which shall be placed a representation of that side of the great seal of the state approved in 1914 which contained the coat of arms of the state, and the remainder of which flag shall consist of a scarlet field horizontally bisected by a white band such that said band shall be equal in width to the remainder of the scarlet field both above and below, which flag is commonly known as the "Pre-1956 Georgia State Flag"; to the right thereof the flag of the State of Georgia as approved at Ga. L. 1956, p. 38, Section 1; and to the right thereof that version of the flag of the United States of America consisting of a field of 13 red and white stripes and a canton of blue bearing 50 white mullets or five-pointed stars, such that such flag shall represent the flag of the United States of America as the same appeared on July 4, 1960. And under the horizontal representation of the five flags, the phrase "In God We Trust" shall be written in the blue section and in the same gold color as the state seal. Every force of the organized militia shall carry this flag when on parade or review. (a) The flag of the State of Georgia shall be a blue field, centered upon which shall be placed a representation of the coat of arms of the state as the same appeared on the great seal of the state adopted in1799, and which flag is commonly known as the "Pre1879 Georgia State Flag."'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed."
On the adoption of the amendment, the yeas were 16, nays 31, and the Tate, et al. amendment #4 was lost.
Senator Thompson of the 33rd offered the following amendment #5:
Amend HB 380 by adding immediately before the period at the end of the ballot language between lines 6 and 7 of page 3 the following:
"and the 2001 state flag".
By redesignating Section 2-3 as Section 2-4 and inserting a new Section 2-3 to read as follows:
"SECTION 2-3.

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Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-3-1, relating to the state flag and public monuments, by striking subsection (a) and inserting in its place a new subsection to read as follows:
'(a) The flag of the State of Georgia shall be three horizontal bands. The bottom horizontal band shall be red and shall occupy one-third of the entire flag. The center horizontal band shall be white and shall occupy two-thirds of the length of the flag and shall bear the words 'IN GOD WE TRUST' which words shall be the same blue color as the square field of blue. The top horizontal band shall be red and shall occupy twothirds of the length of the flag. The remainder of the space shall be a square, one-third of the length of the flag, nearest to the flagstaff, consisting of a field of blue, centered upon which shall be placed a representation of the great seal containing the coat of arms of the state, and such seal shall be encircled by 13 white five-pointed stars. be a blue field, centered upon which shall be placed a representation of that side of the great seal of the state described at subsection (c) of Code Section 50-3-30, centered in a circle of 13 equally spaced white mullets or five-pointed stars, and beneath the same shall be an escroll or ribbon, gold, two-thirds of the length of the field, bearing the words "Georgias History" and charged below said words with a representation of five flags horizontally presented as follows: the first, to the left, being that version of the flag of the United States of America consisting of a field of 13 red and white stripes and, centered in a canton of blue, a circle of 13 equally spaced white mullets or five-pointed stars, as adopted by the Continental Congress in 1777 and commonly known as the "Stars and Stripes" or the "1777 Flag"; to the right thereof a flag consisting of a field of blue, centered upon which shall be placed a representation of the coat of arms of the state as the same appeared on the great seal of the state adopted in 1799, and which flag is commonly known as the "Pre-1879 Georgia State Flag"; to the right thereof a flag consisting of a vertical band of blue occupying the leftmost one-third of the entire flag, on which shall be placed a representation of that side of the great seal of the state approved in 1914 which contained the coat of arms of the state, and the remainder of which flag shall consist of a scarlet field horizontally bisected by a white band such that said band shall be equal in width to the remainder of the scarlet field both above and below, which flag is commonly known as the "Pre-1956 Georgia State Flag"; to the right thereof the flag of the State of Georgia as approved at Ga. L. 1956, p. 38, Section 1; and to the right thereof that version of the flag of the United States of America consisting of a field of 13 red and white stripes and a canton of blue bearing 50 white mullets or five-pointed stars, such that such flag shall represent the flag of the United States of America as the same appeared on July 4, 1960. And under the horizontal representation of the five flags, the phrase "In God We Trust" shall be written in the blue section and in the same gold color as the state seal. Every force of the organized militia shall carry this flag when on parade or review.'"
By adding after the designation "2-2" on line 4 of page 5 the words and designation "or Section 2-3".

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By striking all matter on lines 8 through 21 of page 5 and inserting in lieu thereof the
following: "(b) The ballot at the referendum election provided under this part shall have displayed
or printed thereon the following:

'( ) PRE-1956 FLAG ( ) POST-1956 FLAG ( ) 2001 FLAG

VOTE FOR ONLY ONE CHOICE: shall the flag of Georgia be changed to the design commonly referred to as the pre-1956 flag or to the design commonly referred to as the post-1956 flag or to the flag adopted at the 2001 session of the General Assembly?'

The Secretary of State shall include pictures of the flags in appropriate positions on the ballot to assist the voters and facilitate the voting process. (c) It shall be the duty of the Secretary of State to tabulate and certify the results of the referendum election and report said results to the Governor and the General Assembly immediately following such certification. (d) If a plurality of the votes cast are in favor of the pre-1956 flag, then Section 2-1 of this Act shall become effective on May 1, 2005, and Sections 2-2 and 2-3 of this Act shall be of no force or effect. If a plurality of the votes cast are in favor of the post-1956 flag, then Section 2-2 of this Act shall become effective on May 1, 2005, and Sections 21 and 2-3 of this Act shall be of no force or effect. If a plurality of the votes cast are in favor of the 2001 flag, then Section 2-3 of this Act shall become effective on May 1, 2005, and Sections 2-1 and 2-2 of this Act shall be of no force or effect."

On the adoption of amendment #5, 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 Y Collins N Crotts N Dean Y Fort

Y Harbison N Harp Y Henson N Hill N 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

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 Y Thomas,R Y Thompson N Tolleson

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N Gillis Y Golden N Hall N Hamrick

N Mullis N Price Y Reed N Seabaugh

N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 23, nays 33, and the Thompson amendment #5 was lost.

Senator Meyer von Bremen of the 12th offered the following amendment #6:

Amend HB 380 by striking lines 4 through 10 of page 1 and inserting in lieu thereof the
following: "qualified electors of the State of Georgia desire a further change in the state flag; to
provide that if a majority of the voters at said referendum election favor a change in the
state flag, certain flag designs and another question shall be submitted to the voters at another referendum election; to".

By striking the word "the" on line 32 of page 2 and inserting in its place the words "a nonbinding".

By striking all matter beginning with line 21 of page 3 and ending with line 33 of page 4.

By redesignating Section 2-3 as Section 2-1.

By striking the word "the" on line 2 of page 5 and inserting in its place the words "a nonbinding".

By striking line 4 of page 5 and inserting in its place the following: "prefer the pre-1956 state flag or the post-1956 state flag and whether the electors desire
that future changes in the state flag be made by constitutional amendment. The Secretary of State".

By inserting immediately before line 12 of page 5 the following:

"'( ) YES ( ) NO

Should the Constitution be amended to provide that any future flag change will require a referendum?'"

By striking all matter beginning with line 17 of page 5 and ending with line 4 of page 6.
By redesignating Sections 3-2 and 3-3 as Sections 2-2 and 2-3, respectively.
On the adoption of the amendment, the yeas were 24, nays 26, and the Meyer von Bremen amendment #6 was lost.

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Senators Stokes of the 43rd, Fort of the 39th, Tate of the 38th, Butler of the 55th, Reed of the 35th and others offered the following amendment #7:
Amend HB 380 by striking lines 1 through 12 of page 1 and inserting in lieu thereof the following: "To amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to create the Georgia State Flag Design Commission; to provide for membership and the appointment of members; to provide for duties; to provide that such commission shall propose to the General Assembly two designs for a new state flag; to provide for related matters; to repeal conflicting laws; and for other purposes."
By striking in their entirety Part I, Part II, and Part III, including Sections 1-1, 1-2, 1-3, 21, 2-2, 2-3, 3-1, 3-2, and 3-3.
By inserting new Sections 1 and 2 to read as follows:
"SECTION 1. Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, is amended by inserting at the end thereof the following:
'50-3-12. (a) There is created the Georgia State Flag Design Commission to be composed of 12 members. The Governor, the Lieutenant Governor, and the Speaker of the House of Representatives shall each appoint four members. One member appointed by each such officer shall represent the business community and one shall be a student in a Georgia high school, college, or university. The appointing officers shall ensure a racial, geographical, and age balance among the membership and shall endeavor to appoint members with differing views of the propriety of using the Confederate battle flag as a symbol of this state. (b) The commission shall solicit opinions and design options from the citizens of this state, making every effort to include citizens from all parts of the state, and not later than December 31, 2003, shall present to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives two alternative designs for a state flag. Such designs may be accompanied by an explanation of the symbolism expressed in each design. (c) The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. The members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. All other funds necessary to carry out the provisions of this resolution shall come from

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2467

funds appropriated to the House of Representatives and the Senate. The expenses and allowances authorized by this resolution shall not be received by any member of the committee for more than 20 days unless additional days are authorized. The commission shall stand abolished on December 1, 2003.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed."

On the adoption of the amendment, the yeas were 17, nays 32, and the Stokes, et al. amendment #7 was lost.

Senators Tanksley of the 32nd, Thompson of the 33rd and Hooks of the 14th offered the following amendment #8:

Amend HB 380 by inserting immediately before the period on line 9 of page 3 the
following: ", and if necessary to save significant printing costs the picture of the flag may be attached to absentee ballots rather than appearing on the actual absentee ballot".

By inserting immediately before the period on line 13 of page 5 the following:
", and if necessary to save significant printing costs a picture of the two flags may be attached to absentee ballots rather than appearing on the actual absentee ballot".

On the adoption of amendment #8, 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 N Cagle Y Cheeks Y Clay N Collins N Crotts Y Dean Y Fort Y Gillis

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

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

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Y Golden Y Hall N Hamrick

Y Price Y Reed N Seabaugh

Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 36, nays 19, and the Tanksley, et al. amendment #8 was adopted.

Senator Adelman of the 42nd offered the following amendment #9:

Amend HB 380 by striking line 8 of page 3 and inserting in lieu thereof the following:
"this Act together with the written description of such flag contained in such section in an appropriate position on the ballot to assist the voters and facilitate the voting"

By striking line 12 of page 5 and inserting in lieu thereof the following:
"The Secretary of State shall include pictures of the pre-1956 flag and the post-1956 flag along with the descriptions included in Sections 2-1 and 2-2 of this Act in"

On the adoption of amendment #9, the President ordered a roll call, and the vote was as follows:

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

Y Harbison N Harp Y Henson N Hill N Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt N Lee Y Levetan Y Me V Bremen N 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 N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 43, nays 13, and the Adelman amendment #9 was adopted.

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Senator Adelman of the 42nd offered the following amendment #10:

Amend HB 380 by striking the words "coat of arms" on line 31 of page 4 and inserting in their place the words "great seal".

On the adoption of amendment #10, 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 N Butler N Cagle N Cheeks N Clay N Collins N Crotts N Dean Y Fort N Gillis Y Golden N Hall N Hamrick

N Harbison N Harp Y Henson N Hill N Hooks N Hudgens
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 N Smith,F N Smith,P N Squires N Starr N Stephens Y Stokes N Tanksley
Tate N Thomas,D N Thomas,N N Thomas,R N Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 12, nays 42, and the Adelman amendment #10 was lost.

Senators Reed of the 35th, Fort of the 39th, Zamarripa of the 36th, Seay of the 34th, Butler of the 55th and others offered the following amendment #11:

Amend HB 380 by striking line 1 of page 1 through line 14 of page 6 and inserting in lieu thereof the following: "To amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the description of the state flag, militia to carry the flag, and defacing public monuments and prohibiting the defacement of Stone Mountain, so as to repeal the description of the state flag; to provide that the only flag permitted to fly over any state property or institution shall be the flag of the United States of America; to authorize designation of a flag by executive order; to provide an exception; 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. Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the description of the state flag, militia to carry the flag, and defacing public monuments and prohibiting the defacement of Stone Mountain, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
'(a) The flag of the State of Georgia shall be a blue field, centered upon which shall be placed a representation of that side of the great seal of the state described at subsection (c) of Code Section 50-3-30, centered in a circle of 13 equally spaced white mullets or five-pointed stars, and beneath the same shall be an escroll or ribbon, gold, two-thirds of the length of the field, bearing the words "Georgias History" and charged below said words with a representation of five flags horizontally presented as follows: the first, to the left, being that version of the flag of the United States of America consisting of a field of 13 red and white stripes and, centered in a canton of blue, a circle of 13 equally spaced white mullets or five-pointed stars, as adopted by the Continental Congress in 1777 and commonly known as the "Stars and Stripes" or the "1777 Flag"; to the right thereof a flag consisting of a field of blue, centered upon which shall be placed a representation of the coat of arms of the state as the same appeared on the great seal of the state adopted in 1799, and which flag is commonly known as the "Pre-1879 Georgia State Flag"; to the right thereof a flag consisting of a vertical band of blue occupying the leftmost one-third of the entire flag, on which shall be placed a representation of that side of the great seal of the state approved in 1914 which contained the coat of arms of the state, and the remainder of which flag shall consist of a scarlet field horizontally bisected by a white band such that said band shall be equal in width to the remainder of the scarlet field both above and below, which flag is commonly known as the "Pre-1956 Georgia State Flag"; to the right thereof the flag of the State of Georgia as approved at Ga. L. 1956, p. 38, Section 1; and to the right thereof that version of the flag of the United States of America consisting of a field of 13 red and white stripes and a canton of blue bearing 50 white mullets or five-pointed stars, such that such flag shall represent the flag of the United States of America as the same appeared on July 4, 1960. And under the horizontal representation of the five flags, the phrase "In God We Trust" shall be written in the blue section and in the same gold color as the state seal. Every force of the organized militia shall carry this flag when on parade or review. Any other provision of law to the contrary notwithstanding, the only flag authorized to be flown or displayed on state property or at any state institution shall be the flag of the United States of America unless the Governor by executive order designates a flag which may be used by the organized militia and flown or displayed on state property and at state institutions. This subsection shall not, however, prohibit the display of historic flags in a museum setting.'
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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SECTION 3. All laws and parts of laws in conflict with this Act are repealed."

Senator Reed of the 35th asked unanimous consent that his amendment #11 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senators Butler of the 55th and Thomas of the 10th offered the following amendment #12:

Amend HB 380 by striking line 26 of page 4 and inserting in lieu thereof the following:
"corresponding in number to the 13 original colonies or to that of the Confederate States of America as recognized by the".

On the adoption of amendment #12, 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 N Dean Y Fort N Gillis N Golden N Hall N Hamrick

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

N Seay N Shafer N Smith,F N Smith,P N Squires N 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 12, nays 42, and the Butler, Thomas of the 10th amendment #12 was lost.

Senators Zamarripa of the 36th, Brown of the 26th, Henson of the 41st, Adelman of the 42nd and Stokes of the 43rd offered the following amendment #13:

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Amend HB 380 by striking line 1 of page 1 through line 14 of page 6 and inserting in lieu thereof the following: "To amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the description of the state flag, the militia carrying the flag, defacing public monuments, and obstruction of Stone Mountain, so as to create the 'Georgia Commission on Flag Unity'; to provide for purpose, membership, and procedures; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the description of the state flag, the militia carrying the flag, defacing public monuments, and obstruction of Stone Mountain, is amended by striking subsection (a) and inserting in lieu thereof the following:
'(a)(1) The flag of the State of Georgia shall be a blue field, centered upon which shall be placed a representation of that side of the great seal of the state described at subsection (c) of Code Section 50-3-30, centered in a circle of 13 equally spaced white mullets or five-pointed stars, and beneath the same shall be an escroll or ribbon, gold, two-thirds of the length of the field, bearing the words "Georgias History" and charged below said words with a representation of five flags horizontally presented as follows: the first, to the left, being that version of the flag of the United States of America consisting of a field of 13 red and white stripes and, centered in a canton of blue, a circle of 13 equally spaced white mullets or five-pointed stars, as adopted by the Continental Congress in 1777 and commonly known as the "Stars and Stripes" or the "1777 Flag"; to the right thereof a flag consisting of a field of blue, centered upon which shall be placed a representation of the coat of arms of the state as the same appeared on the great seal of the state adopted in 1799, and which flag is commonly known as the "Pre-1879 Georgia State Flag"; to the right thereof a flag consisting of a vertical band of blue occupying the leftmost one-third of the entire flag, on which shall be placed a representation of that side of the great seal of the state approved in 1914 which contained the coat of arms of the state, and the remainder of which flag shall consist of a scarlet field horizontally bisected by a white band such that said band shall be equal in width to the remainder of the scarlet field both above and below, which flag is commonly known as the "Pre-1956 Georgia State Flag"; to the right thereof the flag of the State of Georgia as approved at Ga. L. 1956, p. 38, Section 1; and to the right thereof that version of the flag of the United States of America consisting of a field of 13 red and white stripes and a canton of blue bearing 50 white mullets or five-pointed stars, such that such flag shall represent the flag of the United States of America as the same appeared on July 4, 1960. And under the horizontal representation of the five flags, the phrase "In God We Trust" shall be written in the blue section and in the same gold color as the state seal. Every force of the organized militia shall carry this flag when on parade or review.

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(2)(A) There is created the Georgia Commission on Flag Unity. (B) The purpose of the commission shall be to determine an appropriate recommendation to present to the General Assembly of a new, unifying, and unique state flag. (C) The commission shall be composed as follows: one member appointed by each of the Georgia United States Congressional District chairs of any political party whose candidate for Congress in the 2000 general election received greater than 40,000 votes; ten members appointed by the Governor to include persons from groups with varying perspectives on this issue; four members appointed by the President of the Senate, to include persons from groups with varying perspectives on this issue; and four members appointed by the Speaker of the House of Representatives, to include persons from groups with varying perspectives on this issue. (D) The commission shall be charged with coming to a consensus on the most appropriate design for the State Flag of Georgia which shall be decided by at least a three-fourths majority vote of the members of the commission. (E) The commission shall report back to the General Assembly not later than August 1, 2003. (F) The General Assembly shall take action on this issue not later than the last day of the 2004 regular session of the General Assembly. (G) This subsection shall be automatically repealed on January 1, 2004.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed."
Senator Zamarripa of the 36th asked unanimous consent that his amendment #13 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Fort of the 39th offered the following amendment #14: Amend HB 380 by inserting on line 12 of page 1 immediately following the word and symbol "severability;" the following:
"to provide an effective date;"
By inserting immediately following line 13 of page 6 the following:
"This Act shall become effective on July 1 of the year in which the General Assembly has expressly appropriated funds sufficient to cover the cost of the referendum elections incurred by the State of Georgia and by each county's Board of Registrar or Board of Elections and Voter Registration provided for in Sections 1-2 and 2-3 of this Act.
SECTION 3-4."

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On the adoption of amendment #14, 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 N Dean Y Fort N Gillis Y Golden N Hall N Hamrick

Y Harbison N Harp Y Henson N Hill N Hooks N Hudgens N Jackson N Johnson N Kemp,B N Kemp,R N Lamutt N Lee Y Levetan
Me V Bremen N Moody N Mullis N Price
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 18, nays 36, and the Fort amendment #14 was lost.

Senators Reed of the 35th, Tanksley of the 32nd, Thomas of the 10th, Brown of the 26th, Thomas of the 2nd and others offered the following amendment #15:

Amend HB 380 by striking line 1 of page 1 through line 14 of page 6 and inserting in lieu thereof the following:
"To amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the description of the state flag, so as to change the description of the state flag; to provide for a referendum to determine the wishes of the qualified electors with respect to the flag adopted; 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. Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the description of the state flag, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:

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'(a) The flag of the State of Georgia shall be a blue field, centered upon which shall be placed a representation of that side of the great seal of the state described at subsection (c) of Code Section 50-3-30, centered in a circle of 13 equally spaced white mullets or five-pointed stars, and beneath the same shall be an escroll or ribbon, gold, two-thirds of the length of the field, bearing the words "Georgias History" and charged below said words with a representation of five flags horizontally presented as follows: the first, to the left, being that version of the flag of the United States of America consisting of a field of 13 red and white stripes and, centered in a canton of blue, a circle of 13 equally spaced white mullets or five-pointed stars, as adopted by the Continental Congress in 1777 and commonly known as the "Stars and Stripes" or the "1777 Flag"; to the right thereof a flag consisting of a field of blue, centered upon which shall be placed a representation of the coat of arms of the state as the same appeared on the great seal of the state adopted in 1799, and which flag is commonly known as the "Pre-1879 Georgia State Flag"; to the right thereof a flag consisting of a vertical band of blue occupying the leftmost one-third of the entire flag, on which shall be placed a representation of that side of the great seal of the state approved in 1914 which contained the coat of arms of the state, and the remainder of which flag shall consist of a scarlet field horizontally bisected by a white band such that said band shall be equal in width to the remainder of the scarlet field both above and below, which flag is commonly known as the "Pre-1956 Georgia State Flag"; to the right thereof the flag of the State of Georgia as approved at Ga. L. 1956, p. 38, Section 1; and to the right thereof that version of the flag of the United States of America consisting of a field of 13 red and white stripes and a canton of blue bearing 50 white mullets or five-pointed stars, such that such flag shall represent the flag of the United States of America as the same appeared on July 4, 1960. And under the horizontal representation of the five flags, the phrase "In God We Trust" shall be written in the blue section and in the same gold color as the state seal. Every force of the organized militia shall carry this flag when on parade or review. (a) The flag of the State of Georgia shall be three horizontal bands. The bottom horizontal band shall be red and shall occupy one-third of the entire flag. The center horizontal band shall be white and shall occupy two-thirds of the length of the flag and shall bear the words "IN GOD WE TRUST" which words shall be the same blue color as the square field of blue. The top horizontal band shall be red and shall occupy twothirds of the length of the flag. The remainder of the space shall be a square, one-third of the length of the flag, nearest to the flagstaff, consisting of a field of blue, centered upon which shall be placed a representation of the great seal containing the coat of arms of the state, and which seal shall be encircled by 13 white five-pointed stars. Every force of the organized militia shall carry this flag when on parade or review.'
SECTION 2. It shall be the duty of the Secretary of State to issue the call for an advisory referendum election to determine whether the qualified electors of the State of Georgia desire that the state flag adopted by Section 1 of this Act be retained. The Secretary of State shall conduct the referendum election as provided in this section on the date of the 2004

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presidential preference primary. The Secretary of State shall issue the call and conduct that referendum as provided by general law. The Secretary of State shall cause the date and purpose of the referendum to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall display the 2003 state flag, in color, and shall have written thereon the following:
'( ) YES Should the current state flag adopted by the General Assembly at its ( ) NO 2003 session which bears the national motto "In God We Trust" be
retained as the state flag of the State of Georgia?'

All persons desiring to vote for approval of the Act shall vote 'Yes,' and those persons desiring to vote for rejection of the Act shall vote 'No.' The Secretary of State shall certify the results of the referendum election to the Governor and the General Assembly.

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 amendment #15, the President ordered a roll call, and the vote was as follows:

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

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

TUESDAY, APRIL 22, 2003

2477

On the adoption of the amendment, the yeas were 28, nays 28, and the Reed, et al. amendment #15 was lost.

Senator Thompson of the 33rd moved that the Senate reconsider its action in defeating the Reed, et al. amendment #15.

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

Y Harbison Y Harp Y Henson N Hill N 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 Y 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 29, nays 27; the motion prevailed, and the Senate reconsidered its action in defeating the Reed, et al. amendment #15.

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 N Brush N Bulloch Y Butler N Cagle

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

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

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JOURNAL OF THE SENATE

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

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

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 30, and the Reed, et al. amendment #15 was lost.

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

N 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 N Levetan Y 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 N Starr Y Stephens N Stokes N 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 36, nays 20.

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

TUESDAY, APRIL 22, 2003

2479

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

Mr. President:

The House has agreed to the Senate substitute, as amended by the House, to the following Bill 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.

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

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

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

2480 SB 200.
SB 201.

JOURNAL OF THE SENATE
subdivisions; to provide an effective date; to repeal conflicting laws; and for other purposes.
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.
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 House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

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 House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

TUESDAY, APRIL 22, 2003

2481

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 House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

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 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 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.

2482

JOURNAL OF THE SENATE

The Speaker has appointed on the part of the House, Representatives Hanner of the 133rd, Royal of the 140th, and McCall of the 78th.

The House insists on its position in amending the following Bill of the Senate:

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.

The House has agreed to the Senate substitute, as amended by the House, to the following Bill 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.

The House has disagreed to the Senate amendments to the following Bill of the House:

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.

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

TUESDAY, APRIL 22, 2003

2483

HR 847.

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

A RESOLUTION relative to adjournment; and for other purposes.

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

HB 957. By Representative Coleman of the 118th:

A BILL to amend an Act creating the governing authority of Telfair County, so as to change provisions relating to the governing authority of said county; and for other purposes.

HB 1000. By Representatives Stephens of the 124th, Post 2, Bordeaux of the 125th, Jackson of the 124th, Post 1 and Purcell of the 122nd:

A BILL to amend an Act providing for the manner of appointment of members of the board of the Chatham County Hospital Authority, so as to provide for the appointment, terms, and number of members of the board of the Chatham County Hospital Authority; to provide for appointment of members of the Chatham County Commissioner to the board; to provide for the election of a chairman of the board; and for other purposes.

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 compensation of the chairperson of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

2484 SB 278.
SB 377.

JOURNAL OF THE SENATE
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.
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 federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
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.

The House has passed, as amended, by the requisite constitutional majority the following Bills of the Senate:

TUESDAY, APRIL 22, 2003

2485

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.

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.

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.

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

SR 23.

By Senator Jackson of the 50th:

A RESOLUTION designating the Dean Bryant Intersection; and for other purposes.

The House has disagreed to the Senate amendments to the following Bill of the House:

2486

JOURNAL OF THE SENATE

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.

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

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 offlabel 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 House has disagreed to the Senate amendment to 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 disagreed to the Senate substitute to the following Bill of the House:

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

TUESDAY, APRIL 22, 2003

2487

business in this state or take certain actions with regard to such insurance commit insurance fraud; and for other purposes.

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

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 House has disagreed to the Senate amendment to the following Bill of the House:

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 House insists on its position in disagreeing to the Senate amendment, 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 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 that a student has received and reviewed information about meningococcal meningitis and has chosen not to be vaccinated; and for other purposes.

The Speaker has appointed on the part of the House, Representatives McBee of the 74th, Mobley of the 58th, and Gardner of the 42nd, Post 3.

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JOURNAL OF THE SENATE

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

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 House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate:

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.

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 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:

TUESDAY, APRIL 22, 2003

2489

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.
The Speaker has appointed on the part of the House, Representatives Jamieson of the 22nd, Heard of the 75th, and Skipper of the 116th.
The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate:
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.
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.
Senator Stokes of the 43rd introduced Congresswoman Loretta Sanchez of California, who addressed the Senate briefly.
The following bill was taken up to consider House action thereto:
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

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JOURNAL OF THE SENATE

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.
Senator Lamutt of the 21st asked unanimous consent that the Senate insist on its substitute to HB 598.
The consent was granted, and the Senate insisted on its substitute to HB 598.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
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 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; to provide for effective dates; 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 subparagraph (d)(4)(B) of Code Section 34-8-156, relating to the State-wide Reserve Ratio, and inserting in lieu thereof a new subparagraph (d)(4)(B) to read as follows:

TUESDAY, APRIL 22, 2003

2491

"(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

Overall Increase

1.5 percent

1.7 percent

25 percent

1.25 percent

1.5 percent

50 percent

0.75 percent

1.25 percent

75 percent

Under 0.75 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, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.00 percent, then the Commissioner of Labor, in consultation with the Governor, is directed to impose an increase in the overall rate of up to 40 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155."

SECTION 2. Said chapter is further 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."

SECTION 2A. Said chapter is further amended in Code Section 34-8-194, relating to grounds for
disqualification of unemployment benefits, by striking in its entirety paragraph (1) and
inserting in lieu thereof the following: "(1) For the week or fraction thereof in which the individual has filed an otherwise valid claim for benefits after such individual has left the most recent employer

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JOURNAL OF THE SENATE

voluntarily without good cause in connection with the individuals most recent work. Good cause shall be determined by the Commissioner according to the circumstances in the case; provided, however, that leaving an employer to accompany a spouse who has been reassigned from one military assignment to another shall be deemed to be for good cause; provided, however, that the employers account shall not be charged for any benefits paid out to the person who leaves to accompany a spouse reassigned from one military assignment to another. To requalify following a disqualification, an individual must secure subsequent employment for which the individual earns insured wages equal to at least ten times the weekly benefit amount of the claim and then becomes unemployed through no fault on the part of the individual. Notwithstanding the foregoing, in the Commissioners determination the burden of proof of good work connected cause for voluntarily leaving such work shall be on the individual. Benefits shall not be denied under this paragraph, however, to an individual for separation from employment pursuant to a labor management contract or agreement or pursuant to an established employer plan, program, policy, layoff, or recall which permits the individual, because of lack of work, to accept a separation from employment;".
SECTION 3. (a) Section 1, this section, and Section 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 2A of this Act shall become effective on July 1, 2003. (c) Section 2 of this Act shall become effective on July 1, 2004.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Lamutt of the 21st asked unanimous consent that the Senate disagree to the House substitute to SB 167.
The consent was granted, and the Senate disagreed to the House substitute to SB 167.
The following resolution was read and adopted:
HR 847. By Representatives Skipper of the 116th, Smyre of the 111th, Buck of the 112th and Westmoreland of the 86th:
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 the conclusion of the legislative day on Tuesday, April 22, the

TUESDAY, APRIL 22, 2003

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39th day of the legislative session and shall reconvene on Friday, April 25, 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.
BE IT FURTHER RESOLVED that this resolution shall supersede SR 441 which shall no longer be effective after the adoption of this resolution.
There were no objections and the resolution was adopted.
The following bill was taken up to consider House action thereto:
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.
Senator Gillis of the 20th asked unanimous consent that the Senate adhere to its substitute and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Johnson of the 1st, Gillis of the 20th and Cagle of the 49th.
The following bill was taken up to consider House action thereto:
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.
Senator Hall of the 22nd asked unanimous consent that the Senate insist on its amendment to HB 414.

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The consent was granted, and the Senate insisted on its amendment to HB 414.
The following bill was taken up to consider House action thereto:
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.
Senator Clay of the 37th asked unanimous consent that the Senate adhere to its amendment and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Clay of the 37th, Tanksley of the 32nd and Meyer von Bremen of the 12th.
The following bill was taken up to consider House action thereto:
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.
The House amendment was as follows:
Amend SB 46 by striking the word "shall" on line 13 and inserting in lieu thereof the word "may" and by striking the word "solely" on line 13.
Senator Clay of the 37th asked unanimous consent that the Senate disagree to the House amendment to SB 46.
The consent was granted, and the Senate disagreed to the House amendment to SB 46.

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The following bill was taken up to consider House action thereto:
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.
Senator Kemp of the 46th asked unanimous consent that the Senate insist on its amendments to HB 597.
The consent was granted, and the Senate insisted on its amendments to HB 597.
The following bill was taken up to consider House action thereto:
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.
Senator Bulloch of the 11th asked unanimous consent that the Senate insist on its amendment to HB 616.
The consent was granted, and the Senate insisted on its amendment to HB 616.
The following bill was taken up to consider House action thereto:
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

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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 asked unanimous consent that the Senate adhere to its disagreement to the House amendment to SB 329 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Seabaugh of the 28th, Lamutt of the 21st and Golden of the 8th.
The following bill was taken up to consider House action thereto:
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.
Senator Shafer of the 48th asked unanimous consent that the Senate insist on its amendments to HB 352.
The consent was granted, and the Senate insisted on its amendments to HB 352.
The following bill was taken up to consider House action thereto:

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 House amendment was as follows:
On page 2, and on line 4, after "owner" insert the following: ", and their country of legal citizenship"

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Senator Bulloch of the 11th asked unanimous consent that the Senate disagree to the House amendment to SB 250.
The consent was granted, and the Senate disagreed to the House amendment to SB 250.
The following bill was taken up to consider House action thereto:
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 that a student has received and reviewed information about meningococcal meningitis and has chosen not to be vaccinated; and for other purposes.
Senator Meyer von Bremen of the 12th asked unanimous consent that the Senate adhere to its amendment and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Meyer von Bremen of the 12th, Thomas of the 54th and Price of the 56th.
The following bill was taken up to consider House action thereto:
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.
Senator Unterman of the 45th asked unanimous consent that the Senate adhere to its disagreement to the House substitute and that a Conference Committee be appointed.

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The consent was granted, and the President appointed as a Conference Committee the following Senators: Unterman of the 45th, Clay of the 37th and Lee of the 29th.
The following resolution was taken up to consider House action thereto:
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.
Senator Thomas of the 2nd asked unanimous consent that the Senate adhere to its disagreement to the House substitute and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Thomas of the 2nd, Dean of the 31st and Kemp of the 3rd.
The Calendar was resumed.
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, relating to transportation passenger safety, so as to provide for exceptions to certain prohibitions; and for other purposes.
Senate Sponsor: Senator Starr of the 44th.
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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Adelman Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N 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 Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis
Price Y Reed
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 Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 1.

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

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.

Senate Sponsor: Senator Jackson of the 50th.

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 Harbison Y Harp Y Henson

Y Seay Y Shafer Y Smith,F

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Y Bowen Y Brown Y Brush
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 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
Seabaugh

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
Zamarripa

On the passage of the bill, the yeas were 47, nays 0.

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

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.

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:

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
Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis
Golden Y Hall
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
Starr Y 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 49, nays 0.

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

The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:

Amend the Senate substitute to HB 43 by striking line 1 of page 1 through the last line of the last page and inserting in its place the following:
"To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the 'State and Local Tax Revision Act of 2003'; to provide for the comprehensive revision of provisions relating to Georgia taxes; to adjust the threshold and due dates for electronic funds transfer of withholding taxes; to increase the amount of the retirement income exclusion for state income tax purposes; to provide for a three-year phase in of such exclusion; to change certain provisions regarding income tax credits with respect to certain vehicles and certain electric vehicle chargers; to provide for an income tax credit for full-time employee jobs created by certain

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business enterprises and an income tax credit for investments made by certain business enterprises in building new manufacturing facilities in this state; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for additional withholding and filing requirements; to provide that the distribution of contact lenses by a manufacturer as free samples to licensed dispensers shall not be subject to sales and use tax; to provide that the sale of certain school supplies, clothing, footwear, computers, and computer related accessories shall not be subject to sales and use tax for a limited period of time; to provide that sales of certain tangible personal property to, or used in the construction of, certain aquariums shall not be subject to sales and use tax for a limited period of time; to provide for conditions and limitations; 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; to provide for procedures, conditions, and limitations; to provide for reduction or termination; to exclude applicability of certain limitations; to provide for certain exemptions; to revise the definition of gross receipts with respect to occupation taxes and regulatory fees 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; to provide for an excise tax with respect to loose or smokeless tobacco; to change the rate of such tax with respect to little cigars, other cigars, and cigarettes; to change certain definitions; to change certain provisions regarding excise taxes; to change certain provisions regarding collection of such tax by stamps; to change certain provisions regarding licensure, suspension, and revocation; to change certain provisions regarding licensing of nonresident distributors; to change certain provisions regarding sale or possession prohibitions; to change certain provisions regarding seizure of contraband; to change certain provisions regarding monthly reports; to change certain provisions regarding records; to change certain provisions regarding assessment of deficiencies and penalties; to change certain provisions regarding certain use, consumption, or storage taxes; to change certain provisions regarding registration, reports, and tax payments; to change certain provisions regarding claims for refunds; to change certain provisions regarding the status of unpaid tax as a lien; to change certain provisions regarding hearings by the state revenue commissioner; to change certain provisions regarding powers and duties of special agents and enforcement officers; to change certain provisions regarding transportation of certain cigarettes or cigars; to change certain provisions regarding additional requirements and seizure and forfeiture of contraband; to change certain provisions regarding criminal penalties; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Investigation, so as to change certain provisions regarding powers of agents generally; to amend Title 50 of the Official Code of Georgia Annotated, relating

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to state government, so as to change certain provisions regarding tax stamps; to change certain provisions regarding examinations by the state auditor; 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 'State and Local Tax Revision Act of 2003.'
SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-2-32, relating to electronic funds transfer, by striking subsection (f) and inserting in its place a new subsection (f) to read as follows:
'(f)(1) As used in this subsection, the term "electronic funds transfer" means a method of making financial payments from one party to another through a series of instructions and messages communicated electronically, via computer, among financial institutions. Such term shall not include the electronic filing of tax returns. (2) The commissioner may require that any person or business owing more than $10,000.00 in connection with any return, report, or other document required to be filed with the department on or after July 1, 1992, shall pay any such sales tax, withholding tax, motor fuel distributor tax, corporate estimated income tax, or individual estimated income tax liability to the state by electronic funds transfer so that the state receives collectable funds on the date such payment is required to be made. In emergency situations, the commissioner may authorize alternative means of payment in funds immediately available to the state on the date of payment. (3) In addition to the requirements contained in paragraph (2) of this subsection, every employer whose tax withheld or required to be withheld under Code Section 48-7-103 exceeds $50,000.00 in the aggregate for the lookback period as defined in paragraph (4) of subsection (b) of Code Section 48-7-103 must pay the taxes by electronic funds transfer as follows:
(A) For paydays occurring on Wednesday, Thursday, or Friday, the taxes must be remitted on or before the following Wednesday or, in the case of a holiday, the next banking day thereafter; (B) For paydays occurring on Saturday, Sunday, Monday, or Tuesday, the taxes must be remitted on or before the following Friday or, in the case of a holiday, the next banking day thereafter; and (C) Notwithstanding any other provision of this paragraph to the contrary, for employers whose tax withheld or required to be withheld exceeds $100,000.00 for the payday, the taxes must be remitted by the next banking day. (3)(4) The commissioner is specifically authorized to establish due dates and times for the initiation of electronic payments, establish an implementation schedule,

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promulgate regulations, and prescribe rules and procedures to implement this subsection. (4)(5) A penalty of 10 percent of the amount due shall be added to any timely payment which is made in other than immediately available funds which are specified by regulation of the commissioner unless the commissioner has authorized an alternate means of payment in an emergency. (5)(6) In addition to authority granted in Code Section 48-2-40, the commissioner is authorized to waive the collection of interest on electronic funds transfer payments, not to exceed the first two scheduled payments, whenever and to the extent that the commissioner reasonably determines that the default giving rise to the interest charge was due to reasonable cause and not due to gross or willful neglect or disregard of this subsection or regulations or instructions issued pursuant to this subsection. (6)(7) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the requirements for electronically transmitting all required returns, reports, or other documents required to be filed with taxes paid by electronic funds transfer. (7)(8) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the procedure for satisfying the signature requirement for returns whether by electronic signature, voice signature, or other means, so long as appropriate security measures are implemented which assure security and verification of the signature procedure. (8)(9) Notwithstanding any provision of law to the contrary, the commissioner is authorized to pay all tax refunds by electronic funds transfer when requested by a taxpayer who has filed his or her return electronically with the department.'
SECTION 3. Said title is further amended in Code Section 48-7-27, relating to computation of taxable net income, by striking subparagraph (a)(5)(A) and inserting in its place a new subparagraph (a)(5)(A) to read as follows:
'(5)(A) Retirement income otherwise included in Georgia taxable net income not to exceed the exclusion amount as follows:
(i) For taxable years beginning on or after January 1, 1989, and prior to January 1, 1990, retirement income not to exceed an exclusion amount of $8,000.00 per year received from any source; (ii) For taxable years beginning on or after January 1, 1990, and prior to January 1, 1994, retirement income not to exceed an exclusion amount of $10,000.00 per year received from any source; (iii) For taxable years beginning on or after January 1, 1994, and prior to January 1, 1995, retirement income from any source not to exceed an exclusion amount of $11,000.00; (iv) For taxable years beginning on or after January 1, 1995, and prior to January 1, 1999, retirement income from any source not to exceed an exclusion amount of $12,000.00;

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(v) For taxable years beginning on or after January 1, 1999, and prior to January 1, 2000, retirement income from any source not to exceed an exclusion amount of $13,000.00; (vi) For taxable years beginning on or after January 1, 2000, and prior to January 1, 2001, retirement income not to exceed an exclusion amount of $13,500.00 per year received from any source; (vii) For taxable years beginning on or after January 1, 2001, and prior to January 1, 2002, retirement income from any source not to exceed an exclusion amount of $14,000.00; (viii) For taxable years beginning on or after January 1, 2002, and prior to January 1, 2003, retirement income from any source not to exceed an exclusion amount of $14,500.00; and (ix) For taxable years beginning on or after January 1, 2003, and prior to January 1, 2007, retirement income from any source not to exceed an exclusion amount of $15,000.00; (x) For taxable years beginning on or after January 1, 2007, and prior to January 1, 2008, retirement income from any source not to exceed an exclusion amount of $21,666.00; (xi) For taxable years beginning on or after January 1, 2008, and prior to January 1 2009, retirement income from any source not to exceed an exclusion amount of $28,333.00; and (xii) For taxable years beginning on or after January 1, 2009, retirement income from any source not to exceed an exclusion amount of $35,000.00.'
SECTION 4. Said title is further amended in Code Section 48-7-40.16, relating to income tax credits with respect to certain vehicles and certain electric vehicle chargers, by striking subsections (b), (c), and (d) and inserting in their place new subsections (b), (c), and (d) to read as follows:
'(b) A tax credit is allowed against the tax imposed under this article to a taxpayer for the purchase or lease of a new low-emission vehicle or zero emission vehicle that is registered in the State of Georgia. The amount of the credit shall be:
(1) For any new low-emission vehicle, 10 percent of the cost of such vehicle or $2,500.00, whichever is less; and (2) For any new zero emission vehicle, 20 percent of the cost of such vehicle or $5,000.00, whichever is less. $2,500.00 per new low-emission vehicle and $5,000.00 per new zero emission vehicle. (c) A tax credit is allowed against the tax imposed under this article to a taxpayer for the conversion of a conventionally fueled vehicle to a converted vehicle that is registered in the State of Georgia. The amount of the credit shall be equal to 10 percent of the cost of conversion, not to exceed $2,500.00 per converted vehicle.

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(d) A tax credit is allowed against the tax imposed under this article to any business enterprise for the purchase or lease of each electric vehicle charger that is located in the State of Georgia. The amount of the credit shall be $2,500.00 per charger 10 percent of the cost of the charger or $2,500.00, whichever is less.'
SECTION 5. Said title is further amended by adding two new Code sections immediately following Code Section 48-7-40.23, to be designated Code Sections 48-7-40.24 and 48-7-40.25 to read as follows:
'48-7-40.24. (a) As used in this Code section, the term:
(1) "Business enterprise" means any business or the headquarters of any such business which is engaged in manufacturing. Such term shall not include retail businesses. (2) "Eligible full-time employee" means an individual holding a full-time employee job created by a qualified project. (3) "Force majeure" means any:
(A) Explosions, implosions, fires, conflagrations, accidents, or contamination; (B) Unusual and unforeseeable weather conditions such as floods, torrential rain, hail, tornadoes, hurricanes, lightning, or other natural calamities or acts of God; (C) Acts of war (whether or not declared), carnage, blockade, or embargo; (D) Acts of public enemy, acts or threats of terrorism or threats from terrorists, riot, public disorder, or violent demonstrations; (E) Strikes or other labor disturbances; or (F) Expropriation, requisition, confiscation, impoundment, seizure, nationalization, or compulsory acquisition of the site of a qualified project or any part thereof; but such term shall not include any event or circumstance that could have been prevented, overcome, or remedied in whole or in part by the taxpayer through the exercise of reasonable diligence and due care, nor shall such term include the unavailability of funds. (4) "Full-time employee job" and "full-time job" means employment of an individual which: (A) Is located in this state at the site of a qualified project or the manufacturing facility resulting therefrom; (B) Involves a regular work week of 35 hours or more; (C) Has no predetermined end date; and (D) Pays at or above the average wage of the county with the lowest average wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. For purposes of this paragraph, leased employees will be considered employees of the company using their services and such persons may be counted in determining the companys job tax credits under this Code section if their employment otherwise meets the definition of full-time job contained herein. In addition, an individuals

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employment shall not be deemed to have a predetermined end date solely by virtue of a mandatory retirement age set forth in a company policy of general application. The employment of any individual in a bona fide executive, administrative, or professional capacity, within the meaning of Section 13 of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 213(a)(1), as such Act existed on January 1, 2002, shall not be deemed to have a predetermined end date solely by virtue of the fact that such employment is pursuant to a fixed-term contract, provided that such contract is for a term of not less than one year. (5) "Investment requirement" means the requirement that by the close of the sixth taxable year following the withholding start-date a minimum of $450 million in qualified investment property will have been purchased or acquired by the business enterprise to be used with respect to a qualified project. (6) "Job creation requirement" means the requirement that no later than the close of the sixth taxable year following the withholding start-date, the business enterprise will have a minimum of 1,800 eligible full-time employees. (7) "Job maintenance requirement" means the requirement that, with respect to each year in the recapture period, the monthly average number of eligible full-time employees employed by the business enterprise, determined as prescribed by subsection (l) of this Code section, must equal or exceed 1,800. (8) "Qualified investment property" means all real and personal property purchased or acquired by a taxpayer for use in a qualified project, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. (9) "Qualified project" means the construction of a new manufacturing facility in this state or the expansion of an existing manufacturing facility in this state. For purposes of this paragraph, the term "manufacturing facility" means a single facility, including contiguous parcels of land, improvements to such land, buildings, building improvements, and any machinery or equipment that is used in the process of making, fabricating, constructing, forming, or assembling a product from components or from raw, unfinished, or semifinished materials, and any support facility. For purposes of this paragraph, the term "support facility" means any warehouses, distribution centers, storage facilities, research and development facilities, laboratories, repair and maintenance facilities, corporate offices, sales or marketing offices, computer operations facilities, or administrative offices, that are contiguous to the manufacturing facility that results from a qualified project, constructed or expanded as part of the same such project, and designed primarily for activities supporting the manufacturing operations at such manufacturing facility. (10) "Recapture period" means the period of five consecutive taxable years that commences after the first taxable year in which a business enterprise has satisfied both the investment requirement and the job creation requirement. (11) "Withholding start-date" means the date on which the business enterprise begins to withhold Georgia income tax from the wages of its employees located at the site of a qualified project.

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(b) A business enterprise that is planning a qualified project shall be allowed to take the job tax credit provided by this Code section under the following conditions:
(1) An application is filed with the commissioner that: (A) Describes the qualified project to be undertaken by the business enterprise, including when such project will commence and the expected withholding startdate; (B) Certifies that such project will meet the investment requirement and the job creation requirement prescribed by this Code section; and (C) Certifies that during the recapture period applicable to such project the business enterprise will meet the job maintenance requirement prescribed by this Code section;
(2) Following the commissioners referral of the application to a panel composed of the commissioner of community affairs, the commissioner of industry, trade, and tourism, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the new facility or expansion will have a significant beneficial economic effect on the region for which it is planned. The panel shall make its determination within 30 days after receipt from the commissioner of the taxpayers application and any necessary supporting documentation. Although the panels certification may be based upon other criteria, a project that meets the minimum employment and investment requirements specified in paragraph (1) of this subsection will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met:
(A) The project will create new full-time employee jobs with average wages that are, as determined by the Department of Labor, for all jobs for the county in question:
(i) Twenty percent above such average wage for projects located in tier 1 counties; (ii) Ten percent above such average wage for projects located in tier 2 counties; or (iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or (B) The project demonstrates high growth potential based upon the prior years Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayers Georgia net taxable income in each of the two preceding years also grew by 20 percent or more. (c) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition thereof by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the year in which the lease becomes binding on the lessor and the taxpayer. (d) A business enterprise whose application is approved shall be allowed a tax credit for taxes imposed under this article equal to $5,250.00 annually per new eligible fulltime employee job for five years beginning with the year in which such job is created through year five after such creation; provided, however, that where the amount of such

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credit exceeds a business enterprises liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayers election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. For any one taxable year the amounts taken as a credit against taxes imposed under this article and against the business enterprises quarterly or monthly payments under Code Section 48-7-103 may not in the aggregate exceed $5,250.00 per eligible full-time employee job. Each employee whose employer receives credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. (e) The number of new full-time jobs to which this Code section shall be applicable shall be determined each month by comparing the number of full-time employees subject to Georgia income tax withholding as of the last payroll period of such month or as the payroll period during each month used for the purpose of reports to the Department of Labor with the number of such employees for the previous month. (f) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. (g) To qualify for the credit provided by this Code section a new full-time job must be created by the close of the seventh taxable year following the business enterprises withholding start-date. In no event may a credit be claimed under this Code section for more than 3,300 new full-time employee jobs created by any one project; provided, however, that the taxpayer may claim the credits provided by Code Sections 48-7-40 and 48-7-40.1 for any such additional jobs if the taxpayer meets the terms and conditions thereof. (h) Any credit claimed under this Code section but not fully used in the manner prescribed in subsection (d) of this Code section may be carried forward for ten years from the close of the taxable year in which the qualified job was established.

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(i) Except as provided in subsection (g) of this Code section, a taxpayer who is entitled to and takes credits provided by this Code section with respect to a qualified project shall not be allowed to take any of the credits authorized by Code Section 48-7-40, 487-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.6, 48-7-40.7, 48-7-40.8, 48-7-40.9, 48-7-40.10, 48-7-40.11, 48-7-40.15, 48-7-40.17, or 48-7-40.18 with respect to jobs, investments, child care, or ground-water usage shifts created by, arising from, related to, or connected in any way with the same project. Such taxpayer may take any credit authorized by Code Section 48-7-40.5 for the costs of retraining an employee located at the site of such project or the manufacturing facility resulting therefrom, but only with respect to costs incurred more than five years after the date the manufacturing facility first becomes operational. (j) Except under those circumstances described in subsection (k) of this Code section, the taxpayer shall, not more than 60 days after the close of the sixth taxable year following its withholding start-date, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to determine whether the taxpayer has met both the investment requirement and job creation requirement with respect to such project. If the taxpayer has failed to meet either such requirement, the taxpayer will forfeit the right to claim any credits provided by this Code section for such project. A taxpayer that forfeits the right to claim such credits is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification from the commissioner that either the investment requirement or the job creation requirement was not met, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. On such amended returns the taxpayer may claim any credit to which it would have been entitled under this article but for having taken the credit provided by this Code section. (k) If the recapture period applicable to a qualified project begins with or before the sixth taxable year following the taxpayers withholding start-date, the taxpayer shall, not later than 60 days after the close of the taxable year immediately preceding the recapture period, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to verify that the taxpayer met both the investment requirement and job creation requirement in such preceding year. (l) Not more than 60 days after the close of each taxable year within the recapture period, the taxpayer shall file a report, using such form and providing such information

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as the commissioner may reasonably require, concerning whether it met the job maintenance requirement for such year. For purposes of this subsection, whether such requirement has been satisfied shall be determined by comparing the monthly average number of eligible full-time employees subject to Georgia income tax withholding for the taxable year with 1,800. If the taxpayer has failed to meet the job maintenance requirement for such year, the taxpayer will forfeit the right to 20 percent of all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for 20 percent of all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 482-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification by the commissioner that the taxpayer has failed to meet the job maintenance requirement for such year, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (m) A taxpayer who fails to meet the job maintenance requirement for any taxable year within the recapture period because of force majeure may petition the commissioner for relief from such requirement. Such a petition must be made with and at the same time as the report required by subsection (l) of this Code section. If the commissioner determines that force majeure materially affected the taxpayers ability to meet the job maintenance requirement for such year, but that the portion of the year so affected was six months or less, the commissioner shall calculate the taxpayers monthly average number of eligible full-time employees for purposes of subsection (l) of this Code section by disregarding the affected months. If the commissioner determines that the affected portion of the year was more than six months, the taxable year shall be disregarded in its entirety for purposes of the job maintenance requirement and the recapture period applicable to the qualified project shall be extended for an additional year. (n) Unless more time is allowed therefor by Code Section 48-7-82 or 48-2-49, the commissioner may make any assessment attributable to the forfeiture of credits claimed under this Code section for the periods covered by any amended returns filed by a taxpayer pursuant to subsection (j) or (l) of this Code section within one year from the date such returns are filed. If the taxpayer fails to file the reports or any amended return required by subsection (j) or (l) of this Code Section, the commissioner may assess additional tax or other amounts attributable to the forfeiture of credits claimed under this Code section at any time. (o) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section.
48-7-40.25. (a) As used in this Code section, the term:

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(1) "Business enterprise" means any business or the headquarters of any such business which is engaged in manufacturing. Such term shall not include retail businesses. (2) "Force majeure" means any:
(A) Explosions, implosions, fire, conflagrations, accidents, or contamination; (B) Unusual and unforeseeable weather conditions such as floods, torrential rain, hail, tornadoes, hurricanes, lightning, or other natural calamities or act of God; (C) Acts of war (whether or not declared), carnage, blockade, or embargo; (D) Acts of public enemy, acts or threats of terrorism or threats from terrorists, riot, public disorder, or violent demonstrations; (E) Strikes or other labor disturbances; or (F) Expropriation, requisition, confiscation, impoundment, seizure, nationalization, or compulsory acquisition of the site of a qualified project or any part thereof; but such term shall not include any event or circumstance that could have been prevented, overcome, or remedied in whole or in part by the taxpayer through the exercise of reasonable diligence and due care, nor shall such term include the unavailability of funds. (3) "Full-time employee" means an individual holding a full-time employee job. (4) "Full-time employee job" and "full-time job" mean employment of an individual which: (A) Is located in this state at the manufacturing facility resulting from a qualified project; (B) Involves a regular work week of 35 hours or more; (C) Has no predetermined end date; and (D) Pays at or above the average wage of the county with the lowest average wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. For purposes of this paragraph, leased employees will be considered employees of the company using their services, and such persons may be counted in determining the companys credits under this Code section if their employment otherwise meets the definition of full-time job contained herein. In addition, an individuals employment shall not be deemed to have a predetermined end date solely by virtue of a mandatory retirement age set forth in a company policy of general application. The employment of any individual in a bona fide executive, administrative, or professional capacity, within the meaning of Section 13 of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 213(a)(1), as such act existed on January 1, 2002, shall not be deemed to have a predetermined end date solely by virtue of the fact that such employment is pursuant to a fixed-term contract, provided that such contract is for a term of not less than one year. (5) "Investment requirement" means the requirement that a minimum of $800 million in qualified investment property shall have been purchased or acquired for use in a qualified project and be in service.

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(6) "Job maintenance requirement" means the requirement that the monthly average number of full-time employees employed by the business enterprise during the first 60 months of the recapture period must equal or exceed 90 percent of the job requirement. (7) "Job requirement" means the requirement that the number of full-time employees must equal or exceed 1,800. (8) "Qualified investment property" means all real and personal property purchased or acquired by a taxpayer for use in a qualified project, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. (9) "Qualified project" means the construction of a new manufacturing facility in this state. For purposes of this paragraph, the term "manufacturing facility" means a single facility, including contiguous parcels of land, improvements to such land, buildings, building improvements, and any machinery or equipment that is used in the process of making, fabricating, constructing, forming, or assembling a product from components or from raw, unfinished, or semifinished materials, and any support facility. For purposes of this paragraph, the term "support facility" means any warehouses, distribution centers, storage facilities, research and development facilities, laboratories, repair and maintenance facilities, corporate offices, sales or marketing offices, computer operations facilities, or administrative offices that are contiguous to the manufacturing facility that results from a qualified project, constructed or expanded as part of the same such project, and designed primarily for activities supporting the manufacturing operations at such manufacturing facility. (10) "Recapture period" means the period of ten consecutive taxable years that commences after the taxable year in which the taxpayer has met both the investment requirement and the job requirement. (b) A business enterprise that has operated an existing manufacturing facility in this state for the immediately three preceding years and that is planning a qualified project shall be allowed to take the credit provided by this Code section under the following conditions: (1) An application is filed with the commissioner that:
(A) Describes the qualified project to be undertaken by the business enterprise, including when such project will commence; (B) Certifies that such project will meet the investment requirement and the job requirement prescribed by this Code section, stating when the business enterprise expects to meet such requirements; and (C) Certifies that during the recapture period applicable to such project the business enterprise will meet the job maintenance requirement prescribed by this Code section; and (2) Following the commissioners referral of the application to a panel composed of the commissioner of community affairs, the commissioner of industry, trade, and tourism, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the new facility will have a significant

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beneficial economic effect on the region for which it is planned. The panel shall make its determination within 30 days after receipt from the commissioner of the taxpayers application and any necessary supporting documentation. Although the panels certification may be based upon other criteria, a project that meets the minimum job and investment requirements specified in paragraph (1) will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met:
(A) The full-time employee jobs that will be located at the manufacturing facility resulting from such project will pay average wages that are, as determined by the Georgia Department of Labor for all jobs for the county in question:
(i) Twenty percent above such average wage for projects located in tier 1 counties; (ii) Ten percent above such average wage for projects located in tier 2 counties; or (iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or (B) The project demonstrates high growth potential based upon the prior years Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayers Georgia net taxable income in each of the two preceding years also grew by 20 percent or more. (c) Any lease for a period of five years or longer of any real or personal property used in a new manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition thereof by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the year in which the lease becomes binding on the lessor and the taxpayer. (d) A business enterprise whose application is approved shall be allowed a credit against the tax imposed under this article in an amount equal to 6 percent of the cost of all qualified investment property purchased or acquired by the business enterprise in such year, subject to the conditions and limitations set forth in this Code section. Where the amount of such credit exceeds a business enterprises liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayers election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. Each employee whose employer receives credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments

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under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. (e) The credit granted under subsection (d) of this Code section shall be subject to the following conditions and limitations:
(1) In order to qualify as a basis for the credit, the investment in qualified investment property must occur no sooner than April 1, 2003. The credit may be taken beginning with the taxable year in which the taxpayer has met both the investment requirement and the job requirement, and for such first year the credit may include qualified investment property purchased or acquired in prior years but after March 31, 2003. For each year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayers Georgia income tax return which will set forth the following information, as a minimum:
(A) A description of the qualified project; (B) The amount of qualified investment property acquired during the taxable year; (C) The amount of tax credit claimed for the taxable year; (D) The amount of qualified investment property acquired in prior taxable years; (E) Any tax credit previously taken by the taxpayer against Georgia income tax liabilities or the taxpayers quarterly or monthly payments under Code Section 48-7103; (F) The amount of tax credit carried over from prior years; (G) The amount of tax credit utilized by the taxpayer in the current taxable year; (H) The amount of tax credit to be carried over to subsequent tax years; and (I) The monthly average number of full-time jobs during the taxable year; (2) Any credit claimed under this Code section but not fully used in the manner prescribed in subsection (d) of this Code section may be carried forward for 15 years from the close of the later of: (A) The taxable year in which the qualified investment property was acquired; or (B) The taxable year in which both the job requirement and investment requirement are satisfied. The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity but any unused investment tax credit may be transferred and continued by any transferee of the business enterprise; (3) In the initial year in which the taxpayer claims the credit granted in subsection (d) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project includes the acquisition of qualified investment property having an aggregate cost equal to or exceeding $800 million and that the job requirement was satisfied during such year; and (4) The utilization of the credit granted in subsection (d) of this Code section shall have no effect on the taxpayers ability to claim depreciation for tax purposes on the assets acquired by the taxpayer, nor shall the credit have any effect on the taxpayers basis in such assets for the purpose of depreciation.

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(f) In no event may credits exceeding $50 million in the aggregate be claimed under this Code section with respect to any one project. (g) A taxpayer who is entitled to and takes credits provided by this Code section with respect to a qualified project shall not be allowed to take any of the credits authorized by Code Section 48-7-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.6, 48-740.7, 48-7-40.8, 48-7-40.9, 48-7-40.10, 48-7-40.11, 48-7-40.15, 48-7-40.17, 48-740.18, or 48-7-40.24 with respect to jobs, investments, child care, or ground-water usage shifts created by, arising from, related to, or connected in any way with the same project. Such taxpayer may take any credit authorized by Code Section 48-7-40.5 for the cost of retraining an employee located at the site of such project or the manufacturing facility resulting therefrom, but only with respect to costs incurred more than five years after the date the manufacturing facility first becomes operational. (h) Not more than 60 days after the close of the fifth taxable year within the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may reasonably require, concerning whether it met the job maintenance requirement. If the taxpayer has failed to meet the job maintenance requirement, the taxpayer will forfeit the right to all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were forgone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification by the commissioner that the taxpayer has failed to meet the job maintenance requirement, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (i) A taxpayer who fails to meet the job maintenance requirement because of force majeure may petition the commissioner for relief from such requirement. Such a petition must be made with and at the same time as the report required by subsection (h) of this Code section. If the commissioner determines that force majeure materially affected the taxpayers ability to meet the job maintenance requirement, but that the portion of any year so affected was six months or less, the commissioner shall calculate the taxpayers monthly average number of full-time employees for purposes of subsection (h) of this Code section by disregarding the affected months. If the commissioner determines that the affected portion of any such year was more than six months, the taxable year shall be disregarded in its entirety for purposes of the job maintenance requirement and the recapture period applicable to the qualified project shall be extended for an additional year. (j) If the manufacturing facility resulting from a qualified project is abandoned at any time during the recapture period, the taxpayer will forfeit the right to all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for all past taxes imposed by this article and all past payments under Code

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Section 48-7-103 that were forgone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. For purposes of this subsection, a manufacturing facility will be considered abandoned if there is, for any reason other than force majeure, a complete cessation of manufacturing operations for a period of 12 consecutive months or more during the recapture period. Not more than 60 days after the close of the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may require, concerning whether such an abandonment occurred. No later than 90 days after notification by the commissioner that an abandonment occurred, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (k) Unless more time is allowed therefor by Code Section 48-7-82 or 48-2-49, the commissioner may make any assessment attributable to the forfeiture of credits claimed under this Code section for the periods covered by any amended returns filed by a taxpayer pursuant to subsections (h) and (j) of this Code section within one year from the date such returns are filed. If the taxpayer fails to file the reports or any amended return required by subsections (h) and (j) of this Code section, the commissioner may assess additional tax or other amounts attributable to the forfeiture of credits claimed under this Code section at any time. (l) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section.'
SECTION 6. Said title is further amended by striking subsection (b) of Code Section 48-7-103, relating to quarterly, monthly, and jeopardy returns, and inserting in its place a new subsection (b) to read as follows:
'(b)(1) Except as otherwise provided in subsection (a) of this Code section, every employer whose tax withheld or required to be withheld exceeds $200.00 per month is $50,000.00 or less in the aggregate for the lookback period is required to file and remit payment to the department on or before the fifteenth day of the following month; provided, however, that the commissioner shall be authorized to promulgate rules and regulations to permit the filing of such returns on a quarterly basis. (2) Every employer whose tax withheld or required to be withheld exceeds $50,000.00 in the aggregate for the lookback period must remit the withheld taxes pursuant to paragraph (3) of subsection (f) of Code Section 48-2-32 and shall file returns pursuant to paragraph (1) of this subsection. (3) Notwithstanding any provision of this subsection to the contrary, for employers whose tax withheld or required to be withheld exceeds $100,000.00 for the payday, the taxes must be remitted by the next banking day.

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(4) For purposes of this subsection, the "lookback period" for each calendar year shall be the 12 month period which ended the preceding June 30.'
SECTION 7. Said title is further amended in Code Section 48-8-3, relating to exemptions from state sales and use tax, by striking in its entirety paragraph (47) and inserting in lieu thereof the following:
'(47) Sales of drugs dispensed by prescription and prescription eyeglasses and contact lenses including, without limitation, prescription contact lenses distributed by the manufacturer to licensed dispensers as free samples not intended for resale and labeled as such;'
SECTION 8. Said title is further amended in Code Section 48-8-3, relating to exemptions from state sales and use tax by striking 'or' at the end of paragraph (74) and by striking paragraph (75) and inserting in its place new paragraphs (75) and (76), to read as follows:
'(75)(A) The sale of any covered item. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on March 29, 2002, and concluding at 12:00 Midnight on March 30, 2002, and to a period commencing at 12:01 A.M. on August 2, 2002, and concluding at 12:00 Midnight on August 3, 2002 July 31, 2003, and concluding at 12:00 Midnight on August 3, 2003. (B) As used in this paragraph, the term "covered item" shall mean:
(i) Articles of clothing and footwear with a sales price of $100.00 or less per article of clothing or pair of footwear, excluding accessories such as jewelry, handbags, umbrellas, items intended primarily for use as athletic or sporting gear, eyewear, watches, and watchbands; (ii) The first $1,500.00 of the sales price of a A single purchase, with a sales price $1,500.00 or less, of personal computers and personal computer related accessories purchased for noncommercial home or personal use, including personal computer base units and keyboards, personal digital assistants, handheld computers, monitors, other peripheral devices, modems for Internet and network access, and nonrecreational software, whether or not they are to be utilized in association with the personal computer base unit; provided, however, that such exemption shall be available only when such purchase includes the purchase of a personal computer base unit. For purposes of this paragraph, personal digital assistant devices shall not be considered personal computer base units but may be included in a single purchase which also includes a personal computer base unit. Computer and computer related accessories shall not include furniture and any systems, devices, software, or peripherals designed or intended primarily for recreational use; and (iii) Noncommercial purchases of general school supplies to be utilized in the classroom or in classroom related activities, such as homework, up to a sales price of $20.00 per item including pens, pencils, notebooks, paper, book bags,

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calculators, dictionaries, and thesauruses, and childrens books and books listed on approved school reading lists for pre-kindergarten through twelfth grade. (C) The exemption provided by this paragraph shall not apply to rentals, sales in a theme park, entertainment complex, public lodging establishment, restaurant, or airport or to purchases for trade, business, or resale. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph including but not be limited to a list of those articles and items qualifying for the exemption pursuant to this paragraph.; or (76) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the effective date of this paragraph until January 1, 2007, sales of tangible personal property to, or used in the construction of, an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.'
SECTION 9. Said title is further amended by striking subsection (b) of Code Section 48-8-6, relating to limitations regarding local sales and use taxes, and inserting in its place a new subsection (b) to read as follows:
'(b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation:
(1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; and (2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply in a county in which a tax is being imposed under subparagraph (a)(1)(F) of Code Section 48-8-111 solely for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, or a combination of such projects and such exception shall apply only during the period the tax under said subparagraph (a)(1)(F) is in effect.; and (3) In the event of a rate increase pursuant to Code Section 48-8-96, only the amount in excess of the initial 1 percent sales and use tax and in the event of a newly imposed tax pursuant to Code Section 48-8-96, only the amount in excess of a 1 percent sales and use tax.

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If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed.'
SECTION 10. Said title is further amended by adding a new Code section immediately following Code Section 48-8-95, to be designated Code Section 48-8-96, to read as follows:
'48-8-96. (a) With respect to any consolidated government created by the consolidation of a county and one or more municipalities, the provisions of this Code section shall control over any conflicting provisions of Article 1 of this chapter or this article. (b) If the tax authorized by this article is in effect in the special district containing a consolidated government, then the rate of tax imposed under this article in such special district may be increased from 1 percent to 2 percent if such increase is approved by:
(1) A resolution of the governing authority of the consolidated government in the same manner as otherwise required for the initial 1 percent sales tax pursuant to Code Section 48-8-84; and (2) A referendum conducted in the same manner as otherwise required for the initial 1 percent sales tax pursuant to Code Section 48-8-85, except that the ballot shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the retail sales and use tax levied within the special district in __________ County be increased from 1 percent to 2 percent?"

(c) Such increased tax rate shall become effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which such increase was approved by the voters. The proceeds of the increased tax shall be divided in the same proportions as the original tax. (d) Such increased tax rate may be decreased from 2 percent to 1 percent if such decrease is approved by:
(1) A resolution of the governing authority of the consolidated government in the same manner as otherwise required under Code Section 48-8-92; and (2) A referendum conducted in the same manner as otherwise required for discontinuation of the tax under Code Section 48-8-92, except that the ballot shall have printed or written thereon the following:

"( ) YES ( ) NO

Shall the retail sales and use tax levied in the special district within ___________ be decreased from 2 percent to 1 percent?"

(e) Such decreased tax rate shall become effective on the first day of the second calendar quarter following the month in which the commissioner receives certification of the result of the election.

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(f) If the tax authorized by this article is to be newly imposed in the special district containing a consolidated government, then such tax may be imposed in such special district at the rate of 2 percent if such rate is approved by:
(1) A resolution of the governing authority of the consolidated government in the same manner as otherwise required pursuant to Code Section 48-8-84; and (2) A referendum conducted in the same manner as otherwise required pursuant to Code Section 48-8-85, except that the ballot shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall a retail sales and use tax of 2 percent be levied within the special district within __________ ?"

(g) Such 2 percent tax may be discontinued if such discontinuation is approved by: (1) A resolution of the governing authority of the consolidated government in the same manner as otherwise required under Code Section 48-8-92; and (2) A referendum conducted in the same manner as otherwise required for discontinuation of the tax under Code Section 48-8-92, except that the ballot shall have printed or written thereon the following:

"( ) YES ( ) NO

Shall the retail sales and use tax levied in the special district within __________ be terminated?"

(h)(1) In the case of increase from 1 percent to 2 percent, the amount in excess of the initial 1 percent sales and use tax shall not apply to the furnishing of value to the public of any room or rooms, lodgings, or accommodations which are subject to taxation under Article 3 of Chapter 13 of this title. (2) In the case of a newly imposed 2 percent sales and use tax under this Code section, only the amount in excess of a 1 percent sales and use tax shall not apply to the furnishing for value of any room or rooms, lodgings, or accommodations which are subject to tax under Article 3 of Chapter 13 of this title. (h) In all respects not otherwise provided for in this Code section, the levy of a tax
under this article by a consolidated government shall be in the same manner as the levy of the tax by any other county.'
SECTION 11. Said title is further amended in Code Section 48-13-5, relating to definitions relative to occupation taxes and regulatory fees, by striking paragraph (2) and inserting in lieu thereof the following:
'(2)(A) "Gross receipts" means total revenue of the business or practitioner for the period, including without being limited to the following:
(i) Total income without deduction for the cost of goods sold or expenses incurred;

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(ii) Gain from trading in stocks, bonds, capital assets, or instruments of indebtedness; (iii) Proceeds from commissions on the sale of property, goods, or services; (iv) Proceeds from fees charged for services rendered; and (v) Proceeds from rent, interest, royalty, or dividend income. (B) Gross receipts shall not include the following: (i) Sales, use, or excise taxes; (ii) Sales returns, allowances, and discounts; (iii) Interorganizational sales or transfers between or among the units of a parentsubsidiary controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(1), between or among the units of a brother-sister controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(2), between or among a parent corporation, wholly owned subsidiaries of such parent corporation, and any corporation in which such parent corporation or one or more of its wholly owned subsidiaries owns stock possessing at least 30 percent of the total value of shares of all classes of stock of such partially owned corporation, or between or among wholly owned partnerships or other wholly owned entities; (iv) Payments made to a subcontractor or an independent agent for services which contributed to the gross receipts in issue; (v) Governmental and foundation grants, charitable contributions, or the interest income derived from such funds, received by a nonprofit organization which employs salaried practitioners otherwise covered by this chapter, if such funds constitute 80 percent or more of the organizations receipts; and (vi) Proceeds from sales of goods or services which are delivered to or received by customers who are outside the state at the time of delivery or receipt.'
SECTION 12. Said title is further amended by striking Code Section 48-11-1, relating to definitions, and inserting in its place a new Code Section 48-11-1 to read as follows:
'48-11-1. As used in this chapter, the term:
(1) "Cigar" means any roll for smoking made wholly or in part of tobacco when the cover of the roll is also tobacco. (2) "Cigarette" means any roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco. (3) "Dealer" means any person other than a distributor who is engaged in this state in the business of selling cigars, or cigarettes, or loose or smokeless tobacco directly to the ultimate consumer of the cigars, or cigarettes, or loose or smokeless tobacco. (4) "Distributor" means any person who:
(A) Maintains a warehouse, warehouse personnel, and salesmen salespersons who regularly contact and call on dealers; and (B) Is engaged in the business of:

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2523

(i) Manufacturing cigars, or cigarettes, or loose or smokeless tobacco in this state,; importing cigars, or cigarettes, or loose or smokeless tobacco into this state,; or purchasing cigars, or cigarettes, or loose or smokeless tobacco from other manufacturers or distributors; and (ii) Selling the cigars, or cigarettes, or loose or smokeless tobacco to dealers in this state for resale, but is not in the business of selling the cigars, or cigarettes, or loose or smokeless tobacco directly to the ultimate consumer of the cigars, or cigarettes, or loose or smokeless tobacco. (5) "First taxable transaction" means the first sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars, or cigarettes, or loose or smokeless tobacco within this state. (6) "Loose or smokeless tobacco" means granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff or snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking but does not include cigarettes or cigars or tobacco purchased for the manufacture of cigarettes by cigarette distributors. (6)(7) "Sale" means any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution in any manner or by any means whatever. (7) (8) "Stamp" means any impression, device, stamp, label, or print manufactured, printed, made, or affixed as prescribed by the commissioner. (8) (9) "Vending machine" means any coin-in-the-slot device used for the automatic merchandising of cigars, or cigarettes, or loose or smokeless tobacco.'
SECTION 13. Said title is further amended by striking Code Section 48-11-2, relating to excise taxes, and inserting in its place a new Code Section 48-11-2 to read as follows:
'48-11-2. (a) An excise tax, in addition to all other taxes of every kind imposed by law, is imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars, and cigarettes, and loose or smokeless tobacco in this state at the following rates:
(1) Little cigars weighing not more than three pounds per thousand: two and one-half mills each; (2) All other cigars: 13 23 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances; (3) Cigarettes: 12 33 per pack of 20 cigarettes and a like rate, pro rata, for other size packages. (4) Loose or smokeless tobacco: 10 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances.

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(b) When the retail selling price is referred to in this chapter as the basis for computing the tax, it is intended to mean the ordinary retail selling price of the article to the consumer before adding the amount of the tax. (c) The taxes imposed by this chapter are levied with respect to the purchase or use of cigars, or cigarettes, or loose or smokeless tobacco by the state or any department, institution, or agency of the state and by the political subdivisions of the state and their departments, institutions, and agencies. The taxes imposed by this chapter are not imposed with respect to cigars, or cigarettes, or loose or smokeless tobacco purchased exclusively for use by the patients at the Georgia War Veterans Home and the Georgia War Veterans Nursing Home. (d) The taxes imposed by this chapter are not levied with respect to cigars, or cigarettes, or loose or smokeless tobacco the purchase or use of which this state is prohibited from taxing under the Constitution or statutes of the United States. (e) The taxes imposed by this chapter shall be advanced and paid by the distributor to the commissioner for deposit and distribution as provided in this chapter upon the first taxable transaction within the state, whether or not the transaction involves the ultimate purchaser or consumer. The seller or distributor shall collect the tax from the purchaser or consumer and the purchaser or consumer shall pay the tax to the seller or distributor. The seller or distributor shall be responsible for the collection of the tax and the payment of the tax to the commissioner. Whenever cigars, or cigarettes, or loose or smokeless tobacco is are shipped from outside the state to anyone other than a distributor, the person receiving the cigars, or cigarettes, or loose or smokeless tobacco shall be deemed to be a distributor and shall be responsible for the tax on the cigars, or cigarettes, or loose or smokeless tobacco and the payment of the tax to the commissioner. (f) The amount of taxes advanced and paid to the state as provided in this Code section shall be added to and collected as a part of the sales price of the cigars, or cigarettes, or loose or smokeless tobacco sold or distributed. The amount of the tax shall be stated separately from the price of the cigars, or cigarettes, or loose or smokeless tobacco. (g) The cigars, and cigarettes, and loose or smokeless tobacco tax imposed shall be collected only once upon the same cigarettes, cigars, or little cigars, or loose or smokeless tobacco.'
SECTION 14. Said title is further amended by striking Code Section 48-11-3, relating to collection of such tax by stamps, and inserting in its place a new Code Section 48-11-3 to read as follows:
'48-11-3. (a) Except as otherwise provided in this Code section, the taxes imposed by Code Section 48-11-2 shall be collected and paid through the use of stamps. The commissioner shall secure stamps of such design and materials as he the commissioner deems appropriate to protect the revenue and shall sell the stamps to licensed distributors at a discount of not less than 2 percent and not more than 8 percent of the value of the stamps. The exact percentage of the discount shall be based on brackets

TUESDAY, APRIL 22, 2003

2525

according to the volume of cigars, and cigarettes, and loose or smokeless tobacco handled by the distributor pursuant to regulations promulgated by the commissioner. The commissioner shall prescribe by regulation the condition, method, and manner in which stamps are to be affixed to containers of cigars, and cigarettes, and loose or smokeless tobacco. (b) The commissioner may prescribe by regulation an alternate method, in lieu of the sale of stamps, of collecting and paying the tax imposed upon cigars and little cigars. The commissioner may also prescribe by regulation an alternate method, in lieu of the sale of stamps, of collecting and paying the tax imposed on loose or smokeless tobacco. Any such regulations shall be promulgated so that use of the alternate method will result in the same revenue to the state as the state would realize through the sale of stamps to the distributors. (c) No distributor shall sell or exchange with another distributor any stamps issued pursuant to this chapter. The commissioner is authorized to redeem at cost price any stamps presented for redemption by a licensed distributor when the commissioner determines from physical inspection that no cigars, or cigarettes, or loose or smokeless tobacco has have been sold by the distributor under pretense of the tax imposed by this chapter having been paid through use of the stamps.'
SECTION 15. Said title is further amended by striking Code Section 48-11-4, relating to licensure and suspension and revocation, and inserting in its place a new Code Section 48-11-4 to read as follows:
`48-11-4. (a) No person shall engage in or conduct the business of manufacturing, purchasing, selling, consigning, vending, dealing in, or distributing cigars, or cigarettes, or loose or smokeless tobacco in this state without first obtaining a license from the commissioner. (b) All licenses shall be issued by the commissioner, who shall make rules and regulations with respect to applications for and issuance of the licenses. The commissioner may refuse to issue any license under this chapter when he the commissioner has reasonable cause to believe that the applicant has willfully withheld information requested of him the applicant or required by the regulations to be provided or reported or when the commissioner has reasonable cause to believe that the information submitted in any application or report is false or misleading and is not given in good faith. (c) The fee for a distributors license shall be $50.00 annually, except that for a person commencing business as a distributor for the first time the first years fee shall be $250.00. Each dealer shall have a permanent license issued by the commissioner free of charge. Each license, except a dealers license, shall begin on July 1 and end on June 30 of the next succeeding year. The prescribed fee shall accompany every application for a license and shall apply for any portion of the annual period. Each distributors or dealers license shall be subject to suspension or revocation for violation of any of the provisions of this chapter or of the rules and regulations made pursuant to this chapter.

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A separate license shall be required for each place of business. No person shall hold a distributors license and a dealers license at the same time. (d) The commissioner may make rules and regulations governing the sale of cigars, and cigarettes, and loose or smokeless tobacco and other tobacco products in vending machines. The commissioner shall require annually a special registration of each vending machine for any operation in this state and charge a license fee for the registration in the amount of $1.00 for each machine. The annual registration shall indicate the location of the vending machine. No vending machine shall be purchased or transported into this state for use in this state when the vending machine is not so designed as to permit inspection without opening the machine for the purpose of determining that cigars, and cigarettes, and loose or smokeless tobacco and other tobacco products contained in the machine bear the tax stamp required under this chapter. (e) The distributors or dealers license shall be exhibited in the place of business for which it is issued in the manner prescribed by the commissioner. The commissioner shall require each licensed distributor to file with him the commissioner a bond in an amount of not less than $1,000.00 to guarantee the proper performance of the distributors duties and the discharge of the distributors liabilities under this chapter. The bond shall run concurrently with the distributors license but shall remain in full force and effect for a period of one year after the expiration or revocation of the distributors license unless the commissioner certifies that all obligations due the state arising under this chapter have been paid. (f) The jurisdiction of the commissioner in the administration of this chapter shall extend to every person using or consuming cigars, or cigarettes, or loose or smokeless tobacco in this state and to every person dealing in cigars, or cigarettes, or loose or smokeless tobacco in any way for business purposes and maintaining a place of business in this state. For the purpose of this chapter, the maintaining of an office, store, plant, warehouse, stock of goods, or regular sales or promotional activity, whether carried on automatically or by salesmen salespersons or other representatives, shall constitute, among other activities, the maintaining of a place of business. (g) The commissioner may provide for the licensing of promotional activities, not including the sale of cigars, or cigarettes, or loose or smokeless tobacco, carried on by the manufacturer. The fee for any such license shall be $10.00 annually.'
SECTION 16. Said title is further amended by striking Code Section 48-11-5, relating to licensing of nonresident distributors, and inserting in its place a new Code Section 48-11-5 to read as follows:
'48-11-5. (a)(1) If the commissioner finds that the collection of the tax imposed by this chapter would be facilitated by such action, he the commissioner may authorize any person residing or located outside this state who is engaged in the business of manufacturing cigars, or cigarettes, or loose or smokeless tobacco or any person residing or located

TUESDAY, APRIL 22, 2003

2527

outside this state who ships cigars, or cigarettes, or loose or smokeless tobacco into this state for sale to licensed dealers in this state, to be licensed as a distributor and, after the person complies with the commissioners requirements, to affix or cause to be affixed the stamps required by this chapter on behalf of the purchasers of the cigars, or cigarettes, or loose or smokeless tobacco who would otherwise be taxable for the cigars, and cigarettes, and loose or smokeless tobacco. The commissioner may sell tax stamps to an authorized person or may authorize the use of a metering machine by the person as provided in Code Section 48-11-3. (2) The commissioner shall require a bond of a nonresident distributor satisfactory to the commissioner and in an amount not to exceed $10,000.00, conditioned upon the payment of the tax and compliance with any other requirements specified by the commissioner. As a condition of authorization as provided in this Code section, a nonresident distributor shall agree to submit his the distributors books, accounts, and records for examination by the commissioner or his the commissioners duly authorized agent during reasonable business hours and shall appoint in writing an agent who resides in this state for the purpose of service. Service upon an agent shall be sufficient service upon the nonresident distributor and may be made by leaving a duly attested copy of the process with the agent. When legal process against any nonresident distributor is served upon the agent, the agent shall notify the nonresident distributor in the manner specified in Code Section 40-12-2. (3) Upon the grant of authorization as provided in this subsection and except as may otherwise be determined by the commissioner, a nonresident distributor shall become a licensed distributor within the meaning of this chapter and shall be subject to all provisions of this chapter applicable to licensed distributors. (b) Every nonresident manufacturer and every nonresident distributor of cigars, or cigarettes, or loose or smokeless tobacco making shipments of cigars, or cigarettes, or loose or smokeless tobacco by common carrier or otherwise for their own account or for the account of others to distributors or dealers located within this state shall make reports of the shipments when and as required by rules and regulations of the commissioner.'
SECTION 17. Said title is further amended by striking Code Section 48-11-8, relating to sale or possession prohibitions and inserting in its place a new Code Section 48-11-8 to read as follows:
'48-11-8. (a)(1) No person shall sell, offer for sale, or possess with intent to sell any cigarettes in this state when the cigarette container does not bear the tax stamps required by Code Section 48-11-3. (2) No person shall sell, offer for sale, or possess with intent to sell in this state any cigars or little cigars upon which the tax has not been paid under the alternate method of collecting the taxes provided in Code Section 48-11-3 or which do not bear tax stamps.

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(3) No person shall sell, offer for sale, or possess with intent to sell any loose or smokeless tobacco in this state when the loose or smokeless tobacco container does not bear the tax stamps required by Code Section 48-11-3 or upon which the tax has not been paid under the alternate method of collecting the tax provided under Code Section 48-11-3. (b) Each distributor at the location for which his such distributors license is issued and in the manner specified by the commissioner shall affix the stamps required by this Code section to each individual package of cigarettes sold or distributed by him such distributor. Each distributor shall comply with the commissioners regulations for the payment of the tax on cigars or loose or smokeless tobacco as provided in Code Section 48-11-3 or shall affix to each container of cigars or loose or smokeless tobacco sold by him such distributor or from which he such distributor sells cigars or loose or smokeless tobacco the stamps required by this chapter. The stamps may be affixed or the tax under the alternate method may be paid by a distributor at any time before the cigars, or cigarettes, or loose or smokeless tobacco is are transferred out of his such distributors possession. (c) It is the intent of this chapter that the tax imposed by this chapter be paid only once and that, if the distributor acquires stamped cigarettes, tax-paid cigars, or stamped cigars, stamped loose or smokeless tobacco, or tax-paid loose or smokeless tobacco, such distributor he is not required to affix additional stamps or provide other evidence of payment of the tax. (d) Every dealer who comes into possession of cigars, or cigarettes, or loose or smokeless tobacco not bearing proper tax stamps or other evidence of the tax imposed by this chapter shall report the cigars, or cigarettes, or loose or smokeless tobacco to the commissioner prior to displaying, selling, using, or otherwise disposing of the cigars, and cigarettes, and loose or smokeless tobacco. After a report, the commissioner shall authorize a licensed distributor to affix the proper stamps to the cigars, and cigarettes, and loose or smokeless tobacco or, in the case of cigars or loose or smokeless tobacco, authorize the dealer to remit the tax by the alternate method promulgated by the commissioner in accordance with Code Section 48-11-3. A licensed distributor shall affix the stamps or comply with the alternate regulations when presented a permit for such action issued by the commissioner. A licensed distributor shall stamp cigarettes or comply with the alternate method provided in this chapter with respect to cigars or loose or smokeless tobacco, other than his such distributors own, only when authorized by the permit issued by the commissioner. (e) No wholesale or retail distributor or wholesale or retail dealer shall accept deliveries of unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars or loose or smokeless tobacco which are is shipped to him such distributor or acquired by him such distributor at any place within the state except as authorized and provided in this Code section. All cigars, and cigarettes, and loose or smokeless tobacco shall be examined by the distributor or dealer on receipt, and the distributor shall immediately report the cigars, or cigarettes, or loose or smokeless tobacco to the commissioner as provided in subsection (d) of this Code section.

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(f) The commissioner may prescribe the charges which may be made by a distributor to any person for the services of the distributor as provided in this chapter in affixing the tax stamps to each individual package of cigarettes or loose or smokeless tobacco and may prescribe the charges which may be made by a distributor in complying with the commissioners alternate regulations for the collection of the tax on cigars and little cigars or loose or smokeless tobacco. (g) This Code section shall not apply to unstamped cigars and little cigars or loose or smokeless tobacco upon which the tax has been paid in accordance with the alternate regulations promulgated by the commissioner under Code Section 48-11-3.'
SECTION 18. Said title is further amended by striking Code Section 48-11-9, relating to seizure of contraband, and inserting in its place a new Code Section 48-11-9 to read as follows:
'48-11-9. (a)(1) Any cigars, or cigarettes, or loose or smokeless tobacco found at any place in this state without stamps affixed to them as required by this chapter are declared to be contraband articles and may be seized by the commissioner, his the commissioners agents or employees, or any peace officer of this state when directed by the commissioner to do so. (2) Paragraph (1) of this subsection shall not apply when: (A) The tax has been paid on the unstamped cigars and little cigars or loose or smokeless tobacco in accordance with the commissioners regulations promulgated pursuant to Code Section 48-11-3; (B) The cigars, or cigarettes, or loose or smokeless tobacco is are in the possession of a licensed distributor; (C) The cigars, or cigarettes, or loose or smokeless tobacco is are in course of transit from outside the state and are is consigned to a licensed distributor; (D) The cigars, or cigarettes, or loose or smokeless tobacco is are in the possession of a transporter who is in compliance with Code Section 48-11-22; or (E) The cigars, or cigarettes, or loose or smokeless tobacco is are in the possession of a registered taxpayer as defined in Code Section 48-11-14 and the time for making the report required by Code Section 48-11-14 has not expired. (3) This subsection shall not be construed to require the commissioner to confiscate unstamped or nontax-paid cigars, and cigarettes, and loose or smokeless tobacco or other property when he the commissioner has reason to believe that the owner of the cigars, cigarettes, loose or smokeless tobacco, or property is not willfully or intentionally evading the tax imposed by this chapter.
(b) Any cigars, cigarettes, loose or smokeless tobacco, or other property seized pursuant to this chapter may be offered for sale by the commissioner, at his the commissioners discretion, at public auction to the highest bidder after advertisement as provided in this Code section. The commissioner shall deliver to the Office of Treasury and Fiscal Services the proceeds of any sale made under this Code section. Before delivering any cigars, or cigarettes, or loose or smokeless tobacco sold to a purchaser at

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the sale, the commissioner shall require the purchaser to affix to the packages the amount of stamps required by this chapter or to comply with the commissioners alternate method. The seizure and sale of any cigars, cigarettes, loose or smokeless tobacco, or property pursuant to this chapter shall not relieve any person from a fine, imprisonment, or other penalty for violation of this chapter. (c) When any cigars, cigarettes, loose or smokeless tobacco, or other property has been seized pursuant to this chapter, the commissioner, at his the commissioners discretion, may advertise them it for sale in a newspaper published or having a circulation in the place in which the seizure occurred, at least five days before the sale. Any person claiming an interest in the cigars, cigarettes, loose or smokeless tobacco, or other property may make written application to the commissioner for a hearing. The application shall state the persons interest in the cigars, cigarettes, loose or smokeless tobacco, or other property and his such persons reasons why the cigars, cigarettes, loose or smokeless tobacco, or other property should not be forfeited. Further proceedings on the application for hearing shall be taken as provided in subsection (a) of Code Section 48-11-18. No sale of any cigars, cigarettes, loose or smokeless tobacco, or property seized pursuant to this chapter shall be made while an application for a hearing is pending before the commissioner. The pendency of an appeal under subsection (b) of Code Section 48-11-18 shall not prevent the sale unless the appellant posts a satisfactory bond with surety in an amount double the estimated value of the cigars, cigarettes, loose or smokeless tobacco, or other property and conditioned upon the successful termination of the appeal. (d) Any vending machine containing or dispensing any cigarettes or loose or smokeless tobacco which do does not bear the tax stamps required under this chapter or containing or dispensing any cigars or loose or smokeless tobacco upon which the tax has not been paid either through the purchase of stamps or the alternate procedure provided by the commissioner as required under this chapter shall be a contraband article. The commissioner may seize any such machine and deal with it in the same manner as provided by law for the seizure and sale of unstamped cigarettes or loose or smokeless tobacco and nontax-paid cigars or loose or smokeless tobacco.'
SECTION 19. Said title is further amended by striking Code Section 48-11-10, relating to monthly reports, and inserting in its place a new Code Section 48-11-10 to read as follows:
'48-11-10. (a) Every licensed distributor shall file with the commissioner, on or before the tenth day of each month, a report in the form prescribed by the commissioner and disclosing:
(1) The number quantity of cigars, or cigarettes, or loose or smokeless tobacco on hand on the first and last days of the calendar month immediately preceding the month in which the report is filed; (2) Information required by the commissioner concerning the amount of stamps purchased, used, and on hand during the report period; and (3) Information otherwise required by the commissioner for the report period.

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(b) The commissioner may require other reports as he the commissioner deems necessary for the proper administration of this chapter including, but not limited to, reports from common carriers and warehousemen with respect to cigars, and cigarettes, and loose or smokeless tobacco delivered to or stored at any point in this state. (c) Any person who fails to file any report when due shall forfeit as a penalty for each day after the due date until the report is filed the sum of $1.00, to be collected in the manner provided in subsection (c) of Code Section 48-11-24 for the collection of penalties.'
SECTION 20. Said title is further amended by striking subsection (a) of Code Section 48-11-11, relating to records, and inserting in its place a new subsection (a) to read as follows:
'(a) Each distributor and each dealer shall keep complete and accurate records of all cigars, and cigarettes, and loose or smokeless tobacco manufactured, produced, purchased, and sold. The records shall be of the kind and in the form prescribed by the commissioner and shall be safely preserved for three years in an appropriate manner to ensure permanency and accessibility for inspection by the commissioner and his the commissioners authorized agents. The commissioner and his the commissioners authorized agents may examine the books, papers, and records of any distributor or dealer in this state for the purpose of determining whether the tax imposed by this chapter has been fully paid and, for the purpose of determining whether the provisions of this chapter are properly observed, may investigate and examine the stock of cigars, or cigarettes, or loose or smokeless tobacco in or upon any premises including, but not limited to, public and private warehouses where the cigars, or cigarettes, or loose or smokeless tobacco is are possessed, stored, or sold.'
SECTION 21. Said title is further amended by striking subsection (a) of Code Section 48-11-12, relating to assessment of deficiencies and penalties, and inserting in its place a new subsection (a) to read as follows:
'(a)(1) The commissioner shall assess a deficiency and may assess a penalty of 10 percent of the deficiency if, after an examination of the invoices, books, and records of a licensed distributor or dealer or of any other information obtained by the commissioner or his the commissioners authorized agents, the commissioner determines that:
(A) The report of the licensed distributor or licensed dealer is incorrect; (B) The licensed distributor or dealer has not paid the tax in accordance with the alternate regulations promulgated by the commissioner under Code Section 48-11-3; (C) The licensed distributor or dealer has not purchased sufficient stamps to cover his such licensed distributor or dealers receipts for sales or other disposition of unstamped cigarettes or loose or smokeless tobacco and nontax-paid cigars or loose or smokeless tobacco. (2) In any case where a licensed distributor or dealer cannot produce evidence of sufficient stamps purchased or other payment of the tax to cover the receipt of

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unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars or loose or smokeless tobacco, it shall be assumed that the cigars, and cigarettes, and loose or smokeless tobacco were sold without having either the proper stamps affixed or the tax paid on unstamped cigars or loose or smokeless tobacco.'
SECTION 22. Said title is further amended by striking Code Section 48-11-13, relating to certain use, consumption, or storage taxes, and inserting in its place a new Code Section 48-11-13 to read as follows:
'48-11-13. (a) There is imposed a tax on every person for the privilege of using, consuming, or storing cigars, and cigarettes, and loose or smokeless tobacco in this state on which the tax imposed by Code Section 48-11-2 has not been paid. The tax shall be measured by and graduated in accordance with the volume of cigars, and cigarettes, and loose or smokeless tobacco used, consumed, or stored as set forth in Code Section 48-11-2. (b) This Code section shall not apply to:
(1) Cigars, or cigarettes, or loose or smokeless tobacco in the hands of a licensed distributor or dealer; (2) Cigars, or cigarettes, or loose or smokeless tobacco in the possession of a carrier complying with Code Section 48-11-22; (3) Cigars, or cigarettes, or loose or smokeless tobacco stored in a public warehouse; (4) Cigarettes in an amount not exceeding 200 cigarettes which have been brought into the state on the person; or (5) Cigars in an amount not exceeding 20 cigars which have been brought into the state on the person.; or (6) Loose or smokeless tobacco in an amount not exceeding six containers which has been brought into the state on the person.'
SECTION 23. Said title is further amended by striking subsection (a) of Code Section 48-11-14, relating to registration, reports, and tax payments, and inserting in its place a new subsection (a) to read as follows:
'(a) Before any person acquires cigars, or cigarettes, or loose or smokeless tobacco subject to the tax imposed by Code Section 48-11-13, he such person shall register with the commissioner as a responsible taxpayer subject to the obligation of maintaining records and making reports in the form prescribed by the commissioner. The report shall be made on or before the tenth day of the month following the month in which the cigars, or cigarettes, or loose or smokeless tobacco was were acquired and shall be accompanied by the amount of tax due.'
SECTION 24. Said title is further amended by striking Code Section 48-11-15, relating to claims for refunds, and inserting in its place a new Code Section 48-11-15 to read as follows:

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'48-11-15. The Office of Treasury and Fiscal Services is authorized to pay, on the order of the commissioner, claims for refunds of cigar, or cigarette, or loose or smokeless tobacco taxes found by the commissioner or the courts to be due any distributor, dealer, or taxpayer. The commissioner, upon proof satisfactory to him the commissioner and in accordance with regulations promulgated by him the commissioner, shall refund the cost price of stamps affixed to any package of cigars, or cigarettes, or loose or smokeless tobacco or shall refund the tax paid on cigars or loose or smokeless tobacco under the alternate method when the cigars, or cigarettes, or loose or smokeless tobacco has have become unfit for use, consumption, or sale and have has been destroyed or shipped out of the state.'
SECTION 25. Said title is further amended by striking Code Section 48-11-17, relating to status of unpaid tax as a lien, and inserting in its place a new Code Section 48-11-17 to read as follows:
'48-11-17. The amount of any unpaid tax shall be a lien against the property of any distributor or dealer who sells cigars, or cigarettes, or loose or smokeless tobacco without collecting the tax and against the property of any person using or consuming cigars, or cigarettes, or loose or smokeless tobacco without proper stamps affixed to the cigars, or cigarettes, or loose or smokeless tobacco or without the tax paid on the cigars or loose or smokeless tobacco as otherwise provided in this chapter. The commissioner or his the commissioners authorized agents are authorized to seize the property of a delinquent distributor, dealer, or taxpayer and sell it as provided by law to satisfy the claim for taxes due under this chapter; or the commissioner may record his the commissioners lien specifying and describing the property against which the lien is effective, and the lien shall be good as against any other person until the claim for taxes is satisfied.'
SECTION 26. Said title is further amended by striking subsection (a) of Code Section 48-11-18, relating to hearings by the commissioner, and inserting in its place a new subsection (a) to read as follows:
'(a) Any person aggrieved by any action of the commissioner or his the commissioners authorized agent may apply to the commissioner, in writing within ten days after the notice of the action is delivered or mailed to him the commissioner, for a hearing. The application shall set forth the reasons why the hearing should be granted and the manner of relief sought. The commissioner shall notify the applicant of the time and place fixed for the hearing. After the hearing, the commissioner may make an order as may appear to him the commissioner to be just and lawful and shall furnish a copy of the order to the applicant. The commissioner at any time by notice in writing may order a hearing on his the commissioners own initiative and require the taxpayer or any other person whom he the commissioner believes to be in possession of information concerning any manufacture, importation, use, consumption, storage, or sale of cigars,

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or cigarettes, or loose or smokeless tobacco which have has escaped taxation to appear before him the commissioner or his the commissioners duly authorized agent with any specific books of account, papers, or other documents for examination under oath relative to the information.'
SECTION 27. Said title is further amended by striking subsection (a) of Code Section 48-11-19, relating to powers and duties of special agents and enforcement officers, and inserting in its place a new subsection (a) to read as follows:
'(a) Each person appointed by the commissioner as a special agent or enforcement officer of the department for the enforcement of the laws of this state with respect to the manufacture, transportation, distribution, sale, possession, and taxation of cigars, cigarettes, and little cigars, and loose or smokeless tobacco shall have the authority throughout the state to:
(1) Obtain and execute warrants for arrest of persons charged with violations of such laws; (2) Obtain and execute search warrants in the enforcement of such laws; (3) Arrest without warrant any person violating such laws in the officers presence or within his such officers immediate knowledge when there is likely to be a failure of enforcement of such laws for want of a judicial officer to issue a warrant; (4) Make investigations in the enforcement of such laws and, in connection with such investigations, to go upon any property outside buildings, whether posted or otherwise, in the performance of his such officers duties; (5) Seize and take possession of all property which is declared contraband under such laws; and (6) Carry firearms while performing his such officers duties.'
SECTION 28. Said title is further amended by striking Code Section 48-11-22, relating to transportation of certain cigarettes and cigars, and inserting in its place a new Code Section 48-11-22 to read as follows:
'48-11-22. (a) Every person who transports upon the public highways, roads, and streets of this state cigars, or cigarettes, or loose or smokeless tobacco not stamped or on which tax has not been paid in accordance with the alternate regulations provided by the commissioner under Code Section 48-11-3 shall have in his such persons actual possession invoices or delivery tickets for the cigars, and cigarettes, and loose or smokeless tobacco which show the true name and address of the consignor or seller, the true name of the consignee or purchaser, the quantity and brands of the cigars, or cigarettes, or loose or smokeless tobacco transported, and the name and address of the person who has assumed or shall assume the payment of the tax at the point of ultimate destination. In the absence of the invoices or delivery tickets, the cigars, or cigarettes, or loose or smokeless tobacco being transported and the vehicles in which the cigars, or cigarettes, or loose or smokeless tobacco is are being transported shall be confiscated

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and disposed of as provided in Code Section 48-11-9; and the transporter may be liable for a penalty of not more than $25.00 for each individual carton of cigarettes, and $50.00 for each individual box of cigars, and $25.00 for each individual container of loose or smokeless tobacco being transported by him such person. The penalty shall be recovered as provided in subsection (c) of Code Section 48-11-24. (b) This Code section shall apply only with respect to the transportation of more than 200 cigarettes, or more than 20 cigars, or more than six containers of loose or smokeless tobacco.'
SECTION 29. Said title is further amended by striking subsection (a) of Code Section 48-11-23, relating to additional sale requirements, and inserting in its place a new subsection (a) to read as follows:
'(a) It shall be unlawful for any person, with intent to evade the tax imposed by this chapter, to transport cigars, or cigarettes, or loose or smokeless tobacco in violation of Code Section 48-11-22.'
SECTION 30. Said title is further amended by striking Code Section 48-11-23.1, relating to additional requirements and seizure and forfeiture of contraband, and inserting in its place a new Code Section 48-11-23.1 to read as follows:
'48-11-23.1. (a) As used in this Code section, the term "package" means a pack, carton, or container of any kind in which cigarettes or loose or smokeless tobacco is are offered for sale, sold, or otherwise distributed, or intended for distribution, to consumers. (b) No tax stamp may be affixed to, or made upon, any package of cigarettes or loose or smokeless tobacco if:
(1) The package differs in any respect with the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. Sec. 1331, et seq., for the placement of labels, warnings, or any other information upon a package of cigarettes or loose or smokeless tobacco that is to be sold within the United States; (2) The package is labeled "For Export Only," "U.S. Tax Exempt," "For Use Outside U.S.," or similar wording indicating that the manufacturer did not intend that the product be sold in the United States; (3) The package, or a package containing individually stamped packages, has been altered by adding or deleting the wording, labels, or warnings described in paragraph (1) or (2) of this subsection; (4) The package has been imported into the United States after January 1, 2000, in violation of 26 U.S.C. Sec. 5754; or (5) The package in any way violates federal trademark or copyright laws. (c) Any person who sells or holds for sale a cigarette packages or loose or smokeless tobacco package to which is affixed a tax stamp in violation of subsection (b) of this Code section shall be guilty of a misdemeanor. (d) Notwithstanding any other provision of law, the commissioner may revoke any license issued under this chapter to any person who sells or holds for sale a cigarette or

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loose or smokeless tobacco package to which is affixed a tax stamp in violation of subsection (b) of this Code section. (e) Notwithstanding any other provision of law, the commissioner may seize and destroy or sell to the manufacturer, only for export, packages that do not comply with subsection (b) of this Code section. (f) A violation of subsection (b) of this Code section shall constitute an unfair and deceptive act or practice under Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975."'
SECTION 31. Said title is further amended by striking subsection (a) of Code Section 48-11-24, relating to criminal penalties, and inserting in its place a new subsection (a) to read as follows:
'(a) Any person who possesses unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars or loose or smokeless tobacco in violation of this chapter shall be liable for a penalty of not more than $25.00 for each individual carton of unstamped cigarettes or loose or smokeless tobacco and $50.00 for each individual box of nontaxpaid cigars or loose or smokeless tobacco in his or her possession.'
SECTION 32. Said title is further amended by striking Code Section 48-11-25, relating to criminal penalties, and inserting in its place a new Code Section 48-11-25 to read as follows:
'48-11-25. (a)(1) It shall be unlawful for any person, with the intent to evade the tax imposed by this chapter, to possess unstamped cigarettes or loose or smokeless tobacco or nontaxpaid cigars or loose or smokeless tobacco. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor. (b)(1) It shall be unlawful for any person, with the intent to evade the tax imposed by this chapter, to: (A) Sell cigarettes or loose or smokeless tobacco without the stamps required by this chapter being affixed to the cigarettes or loose or smokeless tobacco; or (B) Sell cigars or loose or smokeless tobacco without the stamp or stamps required by this chapter or without the tax being paid on the cigars or loose or smokeless tobacco in accordance with the alternate method. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than ten years.' SECTION 33.
Said title is further amended by striking subsection (a) of Code Section 48-11-27, relating to criminal penalties, and inserting in its place a new subsection (a) to read as follows:
'(a) It shall be unlawful for any person to: (1) Make a false entry upon any invoices or any record relating to the purchase, possession, or sale of cigarettes or loose or smokeless tobacco; or

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(2) With intent to evade any tax imposed by this chapter, present any false entry upon any such invoice or record for the inspection of the commissioner or his the commissioners authorized agents.'
SECTION 34. Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Investigation, is amended by striking Code Section 35-3-8, relating to powers of agents generally, and inserting in its place a new Code Section 35-3-8 to read as follows:
'35-3-8. (a) All properly appointed agents of the bureau shall have the powers, including the power of making arrests and appearing in court, for the enforcement of all criminal statutes pertaining to the manufacture, transportation, distribution, sale, or possession of liquor, wine, beer, alcoholic beverages, cigars, cigarettes, little cigars, cheroots, and stogies, and loose or smokeless tobacco and shall concurrently with agents and enforcement officers appointed by the state revenue commissioner have the authority throughout the state to:
(1) Obtain and execute warrants for the arrest of persons charged with violations of such laws; (2) Obtain and execute search warrants in the enforcement of such laws; (3) Arrest without warrant any person found in violation of such laws, or endeavoring to escape, or if for other cause there is likely to be a failure of enforcement of such laws for want of an officer to issue a warrant; (4) Make investigations in the enforcement of such laws and in connection therewith to go upon any property outside of buildings, posted or otherwise, in the performance of such duties; (5) Seize and take possession of all property which is declared contraband under such laws; and (6) Carry firearms while performing their duties. (b) The enforcement powers conferred in this Code section upon agents of the bureau shall relate only to the enforcement of the criminal provisions relating to the manufacture, transportation, distribution, sale, or possession of liquor, wine, beer, alcoholic beverages, cigars, cigarettes, little cigars, cheroots, and stogies, and loose or smokeless tobacco and shall not extend to regulatory matters with respect to such products under the jurisdiction of the state revenue commissioner.'
SECTION 35. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking subsection (a) of Code Section 50-5-76, relating to tax stamps, and inserting in its place a new subsection (a) to read as follows:
'(a) All cigarette tax stamps, loose or smokeless tobacco tax stamps, fertilizer tax tags, and other stamps, tags, and paraphernalia evidencing the payment of tax collected by the state or any department thereof shall be purchased by the Department of

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Administrative Services subject to the requisition of any department of the state requiring the use of the tax stamps or tags.'

SECTION 36. Said title is further amended by striking Code Section 50-6-5, relating to examinations by the state auditor, and inserting in its place a new Code Section 50-6-5 to read as follows:
'50-6-5. The state auditor shall, upon the request of either the Governor or the state revenue commissioner, make an examination into and report upon the necessary books, records, and accounts of those persons, firms, and corporations required by law to pay an occupational tax as distributors of motor fuels and also, at the request of the state revenue commissioner, of those persons, firms, and corporations required by law to pay a tax upon the retail sales price of cigarettes, and cigars, and loose or smokeless tobacco, as prescribed in Code Section 48-11-2. The examination is to be made at such time as shall be fixed by the state revenue commissioner and for the purpose and to the extent of ascertaining whether or not the tax has been paid and collected as provided by law.'
SECTION 37. (a) Except as otherwise provided in this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 4 and 5 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2003. (c) Sections 2 and 6 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all calendar quarters beginning on or after April 1, 2004. (d) Section 3 shall become effective January 1, 2007.

SECTION 38. All laws and parts of laws in conflict with this Act are repealed."

Senator Cagle of the 49th moved that the Senate agree to the House amendment to the Senate substitute to HB 43.

On the motion, a roll call was taken, and the vote was as follows:

N Adelman N Balfour N Blitch N Bowen N Brown N Brush N Bulloch

N Harbison N Harp N Henson N Hill N Hooks N Hudgens N Jackson

N Seay N Shafer N Smith,F N Smith,P N Squires N Starr N Stephens

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

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

N Stokes N Tanksley N Tate N Thomas,D N Thomas,N N Thomas,R N Thompson N Tolleson N Unterman N Williams N Zamarripa

On the motion, the yeas were 0, nays 54; the motion lost, and the Senate did not agree to the House amendment to the Senate substitute to HB 43.

Senator Zamarripa of the 36th moved that the Senate disagree to the House amendment to the Senate substitute to HB 43.

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

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 motion, the yeas were 55, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 43.

Senator Balfour of the 9th moved that the Senate adjourn.

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Senator Balfour asked unanimous consent that his motion be withdrawn. The consent was granted, and the motion was withdrawn.
The Calendar was resumed.
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.
Senate Sponsor: Senator Clay of the 37th.
The Senate Judiciary Committee offered the following substitute to HB 722:
A BILL TO BE ENTITLED AN ACT
To amend Article 7 of Chapter 5 of Title 16 and Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating respectively to stalking and family violence, so as to create a new offense relative to violating family violence orders and clarify penalties; to change the duration of temporary protective orders; to provide for penalties; 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 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, is amended by adding a new Code section to the end of the article to read as follows:
"16-5-95. (a) A person commits the offense of violating a family violence order when the person knowingly and in a nonviolent manner violates the terms of a family violence temporary restraining order, temporary protective order, permanent restraining order, or permanent protective order issued against that person pursuant to Article 1 of Chapter 13 of Title 19, which:
(1) Excludes, evicts, or excludes and evicts the person from a residence or household; (2) Directs the person to stay away from a residence, workplace, or school; (3) Restrains the person from approaching within a specified distance of another person; or

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(4) Restricts the person from having any contact, direct or indirect, by telephone, pager, facsimile, e-mail, or any other means of communication with another person, except as specified in the order. (b) Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor. (c) Nothing contained in this Code section shall prohibit a prosecution for the offense of stalking or aggravated stalking that arose out of the same course of conduct; provided, however, that, for purposes of sentencing, a violation of this Code section shall be merged with a violation of any provision of Code Section 16-5-90 or 16-5-91 that arose out of the same course of conduct."
SECTION 2. Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, is amended by striking subsection (c) of Code Section 19-13-4, relating to protective orders and consent agreements, issuance, expiration, and enforcement, and inserting in lieu thereof the following:
"(c) Any such orders order granted under this Code section shall not remain in effect for more than six months up to one year; provided, however, that upon the motion of a petitioner and notice to the respondent and after a hearing, the court in its discretion may convert a temporary order granted under this Code section to an order effective for not more than three years or to a permanent order."
SECTION 3. Said chapter is further amended by striking Code Section 19-13-6, relating to penalties for violating certain family violence protective orders, and inserting in lieu thereof the following:
"19-13-6. (a) A violation of an order issued pursuant to this article may be punished by an action for contempt or criminally punished as provided in Article 7 of Chapter 5 of Title 16. (b) Any person who violates the provisions of a domestic violence order which
excludes, evicts, or excludes and evicts that person from a residence or household shall be guilty of a misdemeanor."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Harp of the 16th offered the following amendment:
Amend the Senate Judiciary Committee substitute to HB 722 (LC 29 0969S) by inserting after the first semicolon on line 4 of page 1 the following:
"to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for a new article regarding the relocation of

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persons who have children subject to custody or visitation orders or agreements; to provide for definitions; to provide for applicability; to provide for notices of proposed relocations and changes of residence; to provide exceptions for certain disclosures; to provide for additional grounds to modify custody or visitation orders or agreements; to provide for hearings; to provide for factors to consider in a modification of custody proceeding; to provide for security guarantees; to provide for attorneys fees and expenses;".
By inserting between lines 3 and 4 of page 2 the following:
"SECTION 1.1 Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, is amended by inserting a new article between Articles 1 and 2 to read as follows:
'ARTICLE 1.1 19-9-9. As used in this article, the term:
(1) "Change of residence address" means a change in the primary residence of a person entitled to custody of or visitation with a child. (2) "Child" means an individual who has not attained 18 years of age. (3) "Court order" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, or modification order. (4) "Joint custody" has the same meaning as provided in paragraph (1) of Code Section 19-9-6. (5) "Joint physical custody" has the same meaning as provided in paragraph (3) of Code Section 19-9-6. (6) "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by a court that made the previous determination. (7) "Physical custody" means the physical care and supervision of a child. (8) "Primary physical custodian" means a person entitled to primary physical custody pursuant to a court order or, if the court order does not vest primary physical custody in one person, then a person who is entitled, pursuant to a court order, to have physical custody of a child more than 50 percent of the time. (9) "Primary residence" means whatever location designated by a court order and if not designated by a court order, the residence of the primary physical custodian. (10) "Relocation" means a change in the primary residence of a child for a period of 60 days or more but does not include a temporary absence from the primary residence. (11) "Sole custody" has the same meaning as provided in paragraph (4) of Code Section 19-9-6.

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19-9-10. (a) Except as provided in subsection (b) of this Code section, the provisions of this article shall apply to a court order issued or entered into before or after July 1, 2003, except that Code Sections 19-9-14 and 19-9-15 shall not apply to a court order awarding custody entered before July 1, 2003, if the court order contained an express provision governing relocation of the child. (b) Where a person has been convicted after a jury or bench trial of the offense of simple assault, simple battery, assault, battery, stalking, false imprisonment, or kidnaping, wherein the victim of the criminal offense is the same person who is party to an action under this article, the provisions of this article shall not be available to the convicted person.
19-9-11. Except as provided by Code Section 19-9-13, a person who is entitled to custody of or visitation with a child and who intends to make a change of residence address or proposes relocation of a child shall notify every other person entitled to custody of or visitation with that child of the intended change as required by Code Section 19-9-12.
19-9-12. (a) Except as provided by Code Section 19-9-13, notice of an intended change of residence address of a person or a proposed relocation of a child as provided in this article must be:
(1) Given by certified mail, return receipt requested, or statutory overnight delivery to the last known address of each one of the persons entitled to custody of or visitation with a child; and (2) Mailed or delivered no later than:
(A) The sixtieth day before the date of the proposed relocation; or (B) The tenth day after the date that the relocating person knows the information required to be furnished by subsection (b) of this Code section, provided that the relocating person did not know and could not reasonably have known the information required by subsection (b) of this Code section in sufficient time to comply with subparagraph (A) of this paragraph and it was not reasonably possible to extend the time frame to make a change of residence address or proposed relocation of the child. (b) Except as provided by Code Section 19-9-13, the following information, if available, shall be included with the notice of intended change of residence address or proposed relocation of the child: (1) The location of the intended new residence, including the specific address; (2) The mailing address, if different; (3) The home telephone number; (4) The date of the intended move or proposed relocation; (5) The reason for the proposed relocation of the child, if applicable; (6) A proposal for a revised schedule of visitation with the child, if any; and

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(7) In any case in which visitation rights have been provided to a person and the court orders that the person provide notice of a change in address of the place for pickup or delivery of the child for visitation, the person shall notify the affected person, in writing, of any change in address. The written notification shall provide a street address or other description of the new location for pickup or delivery so that the person may exercise his or her visitation rights. (c) A person required to give notice of a change of residence address or proposed relocation of a child pursuant to this Code section has a continuing duty to provide information as it becomes known and to continue to update changes in information that has already been provided. (d) The person entitled to custody of a child may change his or her residence address or relocate the primary residence of a child on or after the date specified in paragraph (4) of subsection (b) of this Code section unless a court orders otherwise.
19-9-13. (a) The notice requirements specified by this article shall be waived to the extent necessary to protect confidentiality and the health, safety, or welfare of any person. (b) Upon a finding by the court that the health, safety, or welfare of a person would be put at risk by the disclosure of the information required in connection with a change of residence address or proposed relocation of a child, the court shall order that the residence address, telephone number, and any other identifying information of the child or the person shall not be required to be disclosed. (c) Any other remedial action shall be taken that the court considers necessary to serve the best interest of the child. (d) If appropriate, the court may conduct an ex parte hearing pursuant to this Code section.
19-9-14. (a) Except as provided in subsection (b) or (c) of this Code section, where two persons who are entitled to joint custody of a child live within 150 miles of each other, the relocation of the primary residence of a child either outside this state or at least 150 miles from the primary residence of the nonrelocating person may be a material change in condition sufficient to constitute grounds for the nonrelocating person to bring a modification action if:
(1) One of the parties to the action is a parent of the child; and (2) The modification action is filed within 33 days after the notice of relocation required by Code Section 19-9-12 is mailed or delivered or, if no notice of relocation is provided, within 90 days after the relocation occurs. (b) Where a court order provides that one person is entitled to sole custody of a child and that person lives within 150 miles of a person who has visitation privileges with the child, the relocation of the residence of a child either outside this state or at least 150 miles from the residence of the nonrelocating person may be a material change in

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condition sufficient to constitute grounds for the nonrelocating person to bring a modification action if:
(1) One of the parties to the action is a parent of the child; and (2) The modification action is filed within 33 days after the notice of relocation required by Code Section 19-9-12 is mailed or delivered or, if no notice of relocation is provided, within 90 days after the relocation occurs. (c) Where a court order provides that two persons equally share joint physical custody, the relocation of the residence of a child either outside this state or at least 150 miles from the residence of the nonrelocating person may be a material change in condition sufficient to constitute grounds for the nonrelocating person to bring a modification action if: (1) One of the parties to the action is a parent of the child; and (2) The modification action is filed within 33 days after the notice of relocation required by Code Section 19-9-12 is mailed or delivered or, if no notice of relocation is provided, within 90 days after the relocation occurs. (d) The court shall expeditiously schedule a hearing seeking modification of custody pursuant to this Code section when it is necessary to serve the best interest of the child. (e) When a person files a notice of intention to relocate a child, a person who is not a parent but who is entitled by court order to visitation with the child may file a proceeding to obtain a revised schedule of visitation but shall not be entitled to object to the proposed relocation, except as provided in subsection (b) of this Code section.
19-9-15. (a) Where a modification action has been timely filed in accordance with subsection (a) or (b) of Code Section 19-9-14, the court shall presume that the prior custody order vests the person who has primary physical custody of a child with a prima facie right to custody, and the court shall favor the person with primary physical custody rights with respect to the nonrelocating persons petition to modify custody. (b) The court shall first determine whether the nonrelocating person has established by a preponderance of the evidence that the change of residence address or the proposed relocation of the child constitutes a material change of condition so as to warrant consideration of the petition for modification of custody. (c) If the court finds by a preponderance of the evidence that the relocation constitutes a material change in condition, in reaching a decision on modification, the court shall presume that the prior custody order remains in the best interest of the child. The nonrelocating person shall bear the burden of proof to establish by a preponderance of evidence that modification of custody is warranted to serve the best interest of the child. (d) In addition to any other factors required by law, the court may consider the following:
(1) The nature, quality, extent of involvement, and duration of the childs relationship with the person proposing to relocate and with the nonrelocating person, siblings, and other significant persons in the childs life and the effect of the relocation on these relationships;

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(2) The age, developmental stage, and needs of the child and the likely impact the relocation will have on the childs physical, educational, and emotional development, taking into consideration any special needs of the child; (3) The feasibility of preserving the relationship between the nonrelocating person and the child through suitable visitation arrangements, considering the logistics and financial circumstances of the persons; (4) The childs preference, to the extent permitted by paragraphs (4) and (4.1) of subsection (a) of Code Section 19-9-3; (5) How the relocation will affect the person seeking to change his or her residence address; (6) How the relocation will affect the child; and (7) Any other factors affecting the best interest of the child. (e) Where a modification action has been timely filed in accordance with subsection (c) of Code Section 19-9-14, the court shall first make a determination as set forth in subsection (b) of this Code section. If the court finds that the relocation constitutes a material change in condition, the courts decision to change custody must be based on evidence of a positive or adverse change in the circumstances of either parent, or any change in the circumstances substantially affecting the welfare and best interest of the child, taking into consideration the factors identified in subsection (d) of this Code section. (f) Until the time that the court pronounces its judgment upon the issue of modification of custody, the relocating person shall be allowed to modify his or her plans for change of residence address or proposed relocation of a child in order to avoid a possible change in custody. (g) In a proceeding for modification of custody pursuant to this Code section, the court may award attorneys fees and expenses of litigation, including but not limited to, travel expenses, as the interests of justice may require.'
SECTION 1.2. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 19-9-1, relating to determining child custody, and inserting in lieu thereof the following:
'(c)(1) In any case in which a judgment awarding the custody of a minor has been entered, the court entering such judgment shall retain jurisdiction of the case for the purpose of ordering the custodial parent to notify the court of any changes in the residence of the child.
(2) In any case in which visitation rights have been provided to the noncustodial parent and the court orders that the custodial parent provide notice of a change in address of the place for pickup and delivery of the child for visitation, the custodial parent shall notify the noncustodial parent, in writing, of any change in such address. Such written notification shall provide a street address or other description of the new location for pickup and delivery so that the noncustodial parent may exercise such parents visitation rights.

TUESDAY, APRIL 22, 2003

2547

(3) Except where otherwise provided by court order, in any case under this subsection in which a parent changes his or her residence, he or she must give notification of such change to the other parent and, if the parent changing residence is the custodial parent, to any other person granted visitation rights under this title or a court order. Such notification shall be given at least 30 days prior to the anticipated change of residence and shall include the full address of the new residence. Reserved.'"

Senator Clay of the 37th requested a ruling of the Chair as to the germaneness of the amendment.

The President ruled the amendment not germane.

Senator Harp of the 16th moved that HB 722 be placed on the Table.

On the motion, a roll call was taken, and the vote was as follows:

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

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

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

On the motion, the yeas were 6, nays 44; the motion lost, and HB 722 was not placed on the Table.

On the adoption of the substitute, the yeas were 38, nays 0, and the committee substitute was adopted.

2548

JOURNAL OF THE SENATE

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
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 N Harp Y Henson Y Hill
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 Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Thompson Y Tolleson Y Unterman Y Williams Zamarripa

On the passage of the bill, the yeas were 48, nays 1.

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 was talking to Representative Childers and meant to vote for HB 722.

/s/ Liane Levetan

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

Mr. President:

TUESDAY, APRIL 22, 2003

2549

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

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.

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.

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.

The House has passed, as amended, by the requisite constitutional majority the following Bills of the Senate:

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.

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.

2550

JOURNAL OF THE SENATE

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

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.

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 House has adopted, by substitute, by the requisite constitutional majority the following Resolutions of the Senate:

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.

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.

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

TUESDAY, APRIL 22, 2003

2551

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.

The Calendar was resumed.

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.

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

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 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 Thompson Y Tolleson Y Unterman

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JOURNAL OF THE SENATE

Y Golden Y Hall Y Hamrick

Y Price Y Reed
Seabaugh

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.

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.

Senate Sponsor: Senator Mullis of the 53rd.

The Senate Economic Development and Tourism Committee offered the following substitute to HB 225:
A BILL TO BE ENTITLED AN ACT

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; 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 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, is amended by striking Code Section 10-9-20, relating to the creation, composition, officers, and duties of the committee, and inserting in lieu thereof the following:
"10-9-20. There is created as a joint committee of the General Assembly the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee to be composed of three five members of the House of Representatives appointed by the Speaker of the House, and three one of whom shall be a member of the minority party, five members of the Senate appointed by the President of the Senate Committee on Assignments, one

TUESDAY, APRIL 22, 2003

2553

of whom shall be a member of the minority party, the chairperson of the House Committee on Economic Development and Tourism or his or her designee, and the chairperson of the Senate Economic Development and Tourism Committee or his or her designee. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairman chairperson of the committee shall be appointed by the President of the Senate Committee on Assignments from the membership of the committee, and the vice chairman chairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee. The chairman chairperson and vice chairman chairperson shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed members position or in the offices of chairman chairperson or vice chairman chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Geo. L. Smith II Georgia World Congress Center Authority, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in this chapter."

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, Senator Starr of the 44th called for the yeas and nays; the call was sustained, 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 N 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 Y Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price

N Seay Y Shafer N Smith,F Y Smith,P
Squires N Starr
Stephens N Stokes
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 adoption of the substitute, the yeas were 28, nays 24, 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 N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts N Dean
Fort Y Gillis N Golden Y Hall Y Hamrick

N Harbison Y Harp N Henson Y Hill Y Hooks N Hudgens N Jackson Y Johnson N 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
Squires N 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 passage of the bill, the yeas were 29, nays 24.

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

The following resolution was read and adopted:

SR 508. By Senators Meyer von Bremen of the 12th, Hooks of the 14th, Harbison of the 15th, Starr of the 44th, Dean of the 31st and others:

A RESOLUTION commending Bob Callaway; and for other purposes.

TUESDAY, APRIL 22, 2003

2555

Lieutenant Governor Mark Taylor and Senator Meyer von Bremen of the 12th spoke to the resolution. Mr. Callaway addressed the Senate briefly.
The following House legislation was read the first time and referred to committee:
HB 957. By Representative Coleman of the 118th:
A BILL to amend an Act creating the governing authority of Telfair County, so as to change provisions relating to the governing authority of said county; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1000. By Representatives Stephens of the 124th, Post 2, Bordeaux of the 125th, Jackson of the 124th, Post 1 and Purcell of the 122nd:
A BILL to amend an Act providing for the manner of appointment of members of the board of the Chatham County Hospital Authority, so as to provide for the appointment, terms, and number of members of the board of the Chatham County Hospital Authority; to provide for appointment of members of the Chatham County Commissioner to the board; to provide for the election of a chairman of the board; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
Senator Smith of the 25th asked unanimous consent that Senator Kemp of the 3rd be excused. The consent was granted, and Senator Kemp was excused.
The Calendar was resumed.
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.
Senate Sponsor: Senator Hamrick of the 30th.

2556

JOURNAL OF THE SENATE

Senators Lamutt of the 21st and Hamrick of the 30th offered the following amendment #1:

Amend HB 462 by adding on page 5, at the end of line 6, "No owner or operator of a public computer on-line service, Internet service, or local bulletin board service shall be held liable on account of any action taken in good faith in providing the aforementioned services."

On the adoption of the amendment, the yeas were 40, nays 0, and the Lamutt, Hamrick amendment #1 was adopted.

Senator Adelman of the 42nd offered the following amendment #2:

Amend HB 462 (LC 29 0877S) by striking line 2 of page 1 and inserting the following: "offenses, so as to change certain provisions relating to sexual offenses; to change
certain provisions relating to pimping; to change certain provisions relating to sexual battery; to include depiction".

By inserting between lines 10 and 11 of page 1 the following: "amended by striking Code Section 16-6-11, relating to pimping, and inserting in lieu

thereof the following:

'16-6-11.

A person commits the offense of pimping when he or she performs any of the

following acts:

(1) Offers or agrees to procure a prostitute for another;

(2) Offers or agrees to arrange a meeting of persons for the purpose of prostitution;

(3) Directs or transports another person to a place knowing when he or she knows or

should know that such the direction or transportation is for the purpose of prostitution;

(4) Receives money or other thing of value from a prostitute, without lawful

consideration, knowing it was earned in whole or in part from prostitution; or

(5) Aids or abets, counsels, or commands another in the commission of prostitution

or aids or assists in prostitution where the proceeds or profits derived therefrom are to

be divided on a pro rata basis.'

Said title is further".

SECTION 1.1.

On the adoption of the amendment, the yeas were 42, nays 0, and the Adelman amendment #2 was adopted.

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

TUESDAY, APRIL 22, 2003

2557

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
Hooks Y Hudgens Y Jackson
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

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
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 bill was taken up to consider House action thereto:

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.

Senator Cagle of the 49th asked unanimous consent that the Senate adhere to its substitute and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Balfour of the 9th, Price of the 56th and Stephens of the 51st.

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

The Calendar was resumed.

2558

JOURNAL OF THE SENATE

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.

Senate Sponsor: Senator Jackson of the 50th.

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 Y Brush Y Bulloch Y Butler
Cagle Y Cheeks
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
Price Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires
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 47, 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:

TUESDAY, APRIL 22, 2003

2559

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

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 House has adopted, by substitute, by the requisite constitutional majority the following Resolutions of the Senate:

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.

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

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

2560

JOURNAL OF THE SENATE

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.

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.

The Calendar was resumed.

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.

Senate Sponsor: Senator Harp of the 16th.

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 24, 2003

TUESDAY, APRIL 22, 2003

2561

The Honorable A. Richard Royal, Chairman House Ways and Means Committee State Representative State Capitol, Room 133 Atlanta, Georgia 30334
Dear Chairman Royal:

SUBJECT: Fiscal Note House Bill 383 (LC 18 2378ER)

This Bill would exclude from Georgia taxable income the military income received by a member of the National Guard or of any reserve component of the United States Armed Services while serving in a combat zone. This exclusion for members of the Ready Reserve subject to the Georgia income tax would apply in taxable years beginning on or after January 1, 2003.

Prediction of the number of Georgia members of the Ready Reserve who might serve in a combat zone in 2003 or a future year and for how long a period is not possible. Only an illustration of the application of the Bill under limiting conditions can be offered. First, the extent of participation of the Ready Reserve in a combat zone can be taken to match its involvement in the Persian Gulf War of 1990-1991. Second, the proportion of Georgians included in the mobilized Ready Reserve can be taken to equal the proportion of the U.S. National Guard made up of Georgians. Third, military income of Georgia participants can be taken to equal the average expenditure per member of the active duty military as determined from the United States Budget for Fiscal Year 2003. Finally, time served in a combat zone can be assumed to be no more than six months and no less than three months in a given taxable year.

Applying the outlined framework, the exclusion of military income proposed in the Bill could reduce collections of Georgia income tax in tax-year 2003 by between $2.4 and $4.8 million.
Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Bill Tomlinson, Director Office of Planning and Budget

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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JOURNAL OF THE SENATE

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 E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis
Price 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 52, nays 0.

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

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.

Senate Sponsor: Senator Harp of the 16th.

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 Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens

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

TUESDAY, APRIL 22, 2003

2563

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

Y Stephens Y Stokes
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Y Tolleson Y Unterman Y Williams
Zamarripa

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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.

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 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
Starr Y Stephens

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

Johnson (PRS) Y Kemp,B E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price
Reed 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 49, nays 0.

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

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.

Senate Sponsor: Senator Adelman of the 42nd.

Senators Brush of the 24th, Mullis of the 53rd and Crotts of the 17th offered the following amendment:

Amend HB 182 by inserting on line 6 of page 1 immediately after the word and symbol
"devices;" the following: "to provide that certain violations by motorcycle riders shall not be criminal acts,
ordinance violations, or moving traffic violations; to specify a penalty for certain violations;"

By redesignating Section 3, 4, and 5 as Sections 4, 5, and 6, respectively.

By inserting a new Section 3 to read as follows:

TUESDAY, APRIL 22, 2003

2565

"SECTION 3. Said title is further amended by adding a new subsection (e) at the end of Code Section 40-6-315, relating to headgear and eye-protective devices for motorcycle riders, to read as follows:
'(e)(1) A person failing to comply with the requirements of this Code section shall not be guilty of any criminal act and shall not be guilty of violating any ordinance. A violation of this Code section shall not be a moving traffic violation for purposes of Code Section 40-5-57. (2) A person failing to comply with the requirements of this Code section, upon conviction of such offense, may be fined not more than $15.00; but, the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such fine shall forward a record of the disposition of the case to the Department of Public Safety.'"
Senator Adelman of the 42nd requested a ruling of the Chair as to the germaneness of the amendment.

The President ruled the amendment not germane.

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 N 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
Johnson (PRS) Y Kemp,B E 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
Seabaugh

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.

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.

Senate Sponsor: Senator Clay of the 37th.

The Senate Judiciary Committee offered the following substitute to HB 213:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 15 of Title 10 of the Official Code of Georgia Annotated, relating to business administration, so as to change certain definitions; to provide for restrictions on information which may be printed on receipts for certain payment card transactions; to clarify the administrators duties and powers and procedure related to enforcement of this chapter; to provide for civil and criminal penalties; 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 15 of Title 10 of the Official Code of Georgia Annotated, relating to business administration, is amended in Code Section 10-15-1, relating to definitions, by striking the Code section and inserting in lieu thereof the following:
"10-15-1. As used in this chapter, the term:
(1) 'Administrator' means the administrator of the 'Fair Business Practices Act of 1975' appointed pursuant to subsection (a) of Code Section 10-1-395, or the administrators designee.

TUESDAY, APRIL 22, 2003

2567

(1)(2) 'Business' means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not organized to operate at a profit. The term includes a financial institution organized, chartered, or holding a license or authorization certificate under the laws of this state, any other state, the United States, or any other country, or the parent or the subsidiary of any such financial institution. The term also includes an entity that destroys records. However, for purposes of this chapter, the term shall not include any bank or financial institution that is subject to the privacy and security provisions of the Gramm-Leach-Bliley Act, 15 U.S.C. 6801, et seq., as amended, and as it existed on January 31, 2002, nor shall it include any hospital or health care institution licensed under Title 31 which is subject to the privacy and security provisions of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, nor any other entity which is governed by federal law, provided that the federal law governing the business requires the business to discard a record containing personal information in the same manner as Code Section 10-15-2. (3) 'Cardholder' means any person or organization named on the face of a payment card to whom or for whose benefit the payment card is issued. (2)(4) 'Customer' means an individual who provides personal information to a business for the purpose of purchasing or leasing a product or obtaining a service from the business. (3)(5) 'Discard' means to throw away, get rid of, or eliminate. (4)(6) 'Dispose' means the sale or transfer of a record for value to a company or business engaged in the business of record destruction. (7) 'Merchant' means any person or governmental entity which receives from a cardholder a payment card or information from a payment card as the instrument for obtaining, purchasing, or receiving goods, services, money, or anything else of value from a person or governmental entity. (8) 'Payment card' means a credit card, charge card, debit card, or any other card that is issued to a cardholder and that allows the cardholder to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant. (5)(9) 'Personal information' means:
(A) Personally identifiable data about a customers medical condition, if the data are not generally considered to be public knowledge; (B) Personally identifiable data which contain a customers account or identification number, account balance, balance owing, credit balance, or credit limit, if the data relate to a customers account or transaction with a business; (C) Personally identifiable data provided by a customer to a business upon opening an account or applying for a loan or credit; or (D) Personally identifiable data about a customers federal, state, or local income tax return. (6)(10)(A) 'Personally identifiable' means capable of being associated with a particular customer through one or more identifiers, including, but not limited to, a customers fingerprint, photograph, or computerized image, social security number,

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passport number, driver identification number, personal identification card number, date of birth, medical information, or disability information. (B) A customers name, address, and telephone number shall not be considered personally identifiable data unless one or more of them are used in conjunction with one or more of the identifiers listed in subparagraph (A) of this paragraph. (7)(11) 'Record' means any material on which written, drawn, printed, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics. (12) 'Reencoder' means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card. (13) 'Scanning device' means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card."
SECTION 2. Said chapter is further amended by striking Code Sections 10-15-3 and 10-15-4, relating to the penalty for violation of Code Section 10-15-2, and inserting in lieu thereof the following:
"10-15-3. Reserved. 10-15-4. A business that violates Code Section 10-15-2 may be fined by the administrator appointed pursuant to Code Section 10-1-395 not more than $500.00 for each customers record that contains personal information that is wrongfully disposed of or discarded; provided, however, in no event shall the total fine levied by the administrator exceed $10,000.00. Notwithstanding anything to the contrary contained in this Code section, it shall be an affirmative defense to the wrongful disposing of or discarding of a customers record that contains personal information if the business can show that it used due diligence in its attempt to properly dispose of or discard such records.
10-15-3. (a) A merchant who accepts a payment card for the transaction of business shall not print more than five digits of the payment cards account number or print the payment cards expiration date on a receipt provided to the cardholder. This subsection applies only to receipts described in subsection (b) of this Code section and does not apply to a transaction in which the sole means of recording the payment cards account number or expiration date is by handwriting or by an imprint or copy of the payment card.
(b)(1) Effective July 1, 2004, subsection (a) of this Code section applies to receipts that are electronically transferred by a payment card processor and printed using a cash register or other machine or device that is first used on or after July 1, 2004. (2) Effective July 1, 2006, subsection (a) of this Code section applies to all receipts that are electronically transferred by a payment card processor and printed, including

TUESDAY, APRIL 22, 2003

2569

those printed using a cash register or other machine or device that is first used before July 1, 2004.
10-15-4. (a) No person shall use a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card with the intent to defraud the authorized user, the issuer of the authorized users payment card, or a merchant. (b) No person shall use a reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card with the intent to defraud the authorized user, the issuer of the authorized users payment card, or a merchant.
10-15-5. (a) The administrator shall be authorized to enforce the provisions of this chapter. (b) The administrator shall have the authority to investigate alleged violations of this chapter, including all investigative powers available under the 'Fair Business Practices Act of 1975,' Code Section 10-1-390, et seq., including, but not limited to, the power to issue investigative demands and subpoenas as provided in Code Sections 10-1-403 and 10-1-404. (c) Nothing contained in this Code section precludes law enforcement or prosecutorial agencies from investigating violations of Code Section 10-15-4.
10-15-6. (a) If the administrator determines, after notice and hearing, that a business has violated Code Section 10-15-2, the administrator may issue an administrative order imposing a penalty of not more than $500.00 for each customers record that contains personal information that is wrongfully disposed of or discarded; provided, however, in no event shall the total fine levied by the administrator exceed $10,000.00. It shall be an affirmative defense to the wrongful disposing of or discarding of a customers record that contains personal information if the business can show that it used due diligence in its attempt to properly dispose of or discard such records. (b) If the administrator determines, after notice and hearing, that a business has violated Code Section 10-15-3, the administrator may issue an administrative order imposing a penalty of not more than $250.00 for the first violation of Code Section 1015-3, and a penalty of $1,000.00 for a second or subsequent violation of Code Section 10-15-3. (c) The hearing and any administrative review in connection with alleged violations of Code Section 10-15-2 or 10-15-3 shall be conducted in accordance with the procedure for contested cases pursuant to the 'Georgia Administrative Procedures Act,' Code Section 50-13-1 et seq. Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the administrator shall have the right of judicial review in accordance with the 'Georgia Administrative Procedures Act.'

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(d) The administrator may file in the superior court of the county in which the person under an order resides, or if the person is a corporation, in the superior court of the county in which the corporation under an order maintains its principal place of business, a certified copy of or the final order of the administrator, whether or not the order was appealed. Thereafter the court shall render a judgment in accordance with the order and notify the parties. The judgment shall have the same effect as a judgment rendered by the court.

10-15-7. (a) A violation of Code Section 10-15-4 shall be punishable by imprisonment for not less than one nor more than three years or a fine not to exceed $10,000.00, or both. Any person who commits a violation for the second or any subsequent offense shall be punished by imprisonment for not less than three nor more than ten years or a fine not to exceed $50,000.00, or both. (b) Any person found guilty of a violation of this chapter may be ordered by the court to make restitution to any consumer victim or any business victim of the fraud. (c) Each violation of this chapter shall constitute a separate offense. (d) The Attorney General and prosecuting attorneys shall have the authority to conduct the prosecution for a violation of Code Section 10-15-4. (e) Upon a violation of this chapter, the court may issue any order necessary to correct a public record that contains false information resulting from the actions which resulted in the violation."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, 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 Y Balfour
Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks

Y Harbison Y Harp Y Henson
Hill Y Hooks Y Hudgens Y Jackson
Johnson (PRS) Y Kemp,B E Kemp,R

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

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2571

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
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 51, 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:

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

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.

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

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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 Calendar was resumed.
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.
Senate Sponsor: Senator Harp of the 16th.
The Senate Public Safety and Homeland Security Committee offered the following amendment:
Amend HB 319 by striking lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for a definition of 'court order for child support'; to provide for the department to accept applications for IV-D services from noncustodial parent obligors and to review and modify support awards; to provide for a reasonable application fee; to provide for periodic notices to obligors and obligees subject to IV-D child support orders; to provide that a request for review of a child support order shall not be required to demonstrate certain conditions; to provide that the IV-D agency shall not be deemed to represent either the obligee or obligor in a child support modification proceeding; to provide for the acceptance of a certification of".
By inserting between lines 10 and 11 of page 1 the following: "Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking paragraph (1) of Code Section 19-11-3, relating to definitions related to child support recovery, and inserting in its place the following:

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'(1) "Court order for child support" means any judgment or order of the courts of this state or another state and includes orders in criminal proceedings which result in the payment of child support, as a condition of probation or otherwise any order for child support issued by a court or administrative or quasi-judicial entity of this state or another state, including an order in a criminal proceeding which results in the payment of child support as a condition of probation or otherwise. Such order shall be deemed to be a IV-D order for purposes of this article when either party to the order submits a copy of the order for support and a signed application to the department for IV-D services, when the right to child support has been assigned to the department pursuant to subsection (a) of Code Section 19-11-6, or upon registration of a foreign order pursuant to Article 3 of this chapter.'
SECTION 2. Said title is further amended by striking subsection (c) of Code Section 19-11-6, relating to enforcement of child support payments and alimony for public assistance recipients, and inserting in its place the following:
'(c) The department shall accept applications for child support enforcement services from any proper party or person notwithstanding the fact that the child or children do not receive public assistance. When made, this application to the department shall constitute an assignment of the right to support to the department and the proceeds of any collections resulting from such application shall be distributed in accordance with the standards prescribed in the federal Social Security Act.'
SECTION 3. Said title is further amended by adding following subsection (d) of Code Section 19-11-6, relating to enforcement of child support payments and alimony for public assistance recipients, a new subsection (e) to read as follows:
'(e) The department shall accept applications for IV-D services from noncustodial parent obligors. The department, by virtue of the acceptance of such applications for IV-D services, is authorized to take any action allowed by this chapter including, but not limited to, the review and modification of support awards, whether such awards are modified upward or downward, pursuant to Code Section 19-11-12. The proceeds of any collections resulting from such applications shall be distributed in accordance with the standards prescribed in the federal Social Security Act.'
SECTION 4. Said title is further amended by striking subsection (c) of Code Section 19-11-8, relating to the departments duty to enforce support of abandoned minor public assistance recipient and scope of action, and inserting in its place the following:
'(c) The department shall accept applications from noncustodial parents for services as provided for in this article and federal law and regulations. The department shall provide for a reasonable application fee for a noncustodial parent who applies for services under this subsection.

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(d) Any action initiated by the department pursuant to subsection (a), (b), or (c) of this Code section or in any action in which the department appears pursuant to subsection (b) of this Code section shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties.'"
By striking lines 11 through 14 of page 1 and inserting in lieu thereof the following:
"SECTION 5. Said title is further amended by striking paragraph (1) of subsection (a.1) of Code Section 19-11-9.1, relating to the duty to furnish information about obligor to department, use of information obtained, and penalty for noncompliance, and inserting in its place the following:".
By renumbering Sections 2 and 3 of page 2, respectively, as Sections 9 and 10 and inserting between lines 6 and 7 of page 2 the following:
"SECTION 6. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation, and inserting in its place the following:
'(b)(1) The IV-D agency shall periodically give notice to the obligor and obligee who are subject to a IV-D court order for child support order which is being enforced under this chapter, as defined in paragraph (1) of Code Section 19-11-3, of their the right of each to request a review of the order by the IV-D agency for possible recommendation for adjustment of such order. Such notification should be provided within 36 months after the establishment of the order or the most recent review; however, failure to provide the notice within 36 months shall not affect the right of either party to request a review nor the right of the IV-D agency to conduct a review and to recommend an adjustment to the order. The notice can be included in the initial order or review recommendation.'
SECTION 7. Said title is further amended by striking paragraphs (1) and (3) of subsection (c) of Code Section 19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation, and inserting in their respective places the following:
'(c)(1) The IV-D agency shall review IV-D court orders for child support, as defined in paragraph (1) of Code Section 19-11-3, for possible modification child support orders, judicial and administrative in origin, which are subject to enforcement under this chapter. The review shall be performed upon the written request of either the

TUESDAY, APRIL 22, 2003

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obligor or obligee, or, if there is an assignment under subsection (a) of Code Section 19-11-6, upon the request of the IV-D agency or of the obligor or obligee. Exceptions to this procedure are cases where the IV-D agency determines that such a review would not be in the best interest of the child or children involved.' '(3) If the request for the review occurs at least 36 months after the last issuance or last review, the requesting party shall not be required to demonstrate a substantial change in circumstances, the need for additional support, or that the needs of the child have decreased. The sole basis for a recommendation for a change in the award of support under this paragraph shall be a significant inconsistency between the existing child support order and the amount of child support which would result from the application of Code Section 19-6-15.'
SECTION 8. Said title is further amended by striking paragraph (2) of subsection (d) of Code Section 19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation, and inserting in its place the following:
'(2) The IV-D agency shall review and, if there is a significant inconsistency between the amount of the existing child support order and the amount of child support which would result from the application of Code Section 19-6-15, the agency shall make a recommendation for an increase or decrease in the amount of an existing order for support. The IV-D agency shall not be deemed to be representing either the obligee or obligor in a proceeding under this Code section.'"
On the adoption of the amendment, the yeas were 32, nays 0, and the committee amendment was adopted.
Senators Lee of the 29th, Hudgens of the 47th, Tolleson of the 18th and Starr of the 44th offered the following amendment: Amend HB 319 by adding after "license;" on line 7 of page 1 the following:
"to change certain provisions relating to expiration and renewal of drivers licenses and reexamination requirements;".
By adding after "matters;" on line 8 of page 1 the following: "to provide effective dates;".
By redesignating Section 3 as Section 5.
By adding new Sections 3 and 4 to read as follows:
"SECTION 3.

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Said article 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 4.
Sections 1, 2, and 4 of this Act shall become effective on July 1, 2003. Section 3 of this Act shall become effective on January 1, 2004."

On the adoption of the amendment, the yeas were 29, nays 10, and the Lee, et al. 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
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 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

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 N Thomas,R Y Thompson Y Tolleson

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2577

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 47, nays 2.

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

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.

Senate Sponsor: Senator Thomas of the 2nd.

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

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

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

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On the passage of the bill, the yeas were 41, nays 1.
The bill, having received the requisite constitutional majority, was passed.
The following communication was received by the Secretary:
4-22-03
Mr. Secretary, let the record reflect that I inadvertently pressed the Nay button instead of the Yea button. I wish to change my vote on HB 339 to Yea.
/s/ Carol Jackson, 50th
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 Jackson of the 50th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused.
The Calendar was resumed.
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.
Senate Sponsor: Senator Hamrick of the 30th.
Senators Hill of the 4th and Hamrick of the 30th offered the following amendment:
Amend HB 424 by inserting on line 5 of page 1 after "immunity;": "to amend Code Section 45-18-32 of the Official Code of Georgia Annotated, relating to administration of plans, so as to include critical access hospital authorities and federally qualified health centers;".
By inserting following line 24 of page 1 the following:
"SECTION 1A.

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2579

Code Section 45-18-32 of the Official Code of Georgia Annotated, relating to
administration of plans, is amended by adding after the third sentence the following:
'Public employees of any critical access hospital authority or federally qualified health
center may, with the approval of the State Personnel Board and the approval of such hospital authority or health center, participate in the state plan.'"

On the adoption of the amendment, the yeas were 36, nays 0, and the Hill, Hamrick 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:

Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush
Bulloch Butler Y Cagle Y Cheeks 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
Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley E Tate Y Thomas,D
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 0.

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

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

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operators to take certain precautions when passing stationary authorized emergency, towing, recovery, and highway maintenance vehicles; and for other purposes.
Senate Sponsor: Senator Mullis of the 53rd.

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 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
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

Seay Y Shafer
Smith,F Y Smith,P Y Squires Y Starr Y Stephens
Stokes Y Tanksley E 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 47, nays 0.

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

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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offenders; to include additional offenses relating to victims who are minors; to clarify language for annual registration; and for other purposes.
Senate Sponsor: Senator Hamrick of the 30th.
The Senate Judiciary Committee offered the following substitute to HB 463:
A BILL TO BE ENTITLED AN ACT
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; to revise language referring to registration while incarcerated; to provide for annual photographs of offenders at the time of annual registration; to provide for exclusions of certain liability in certain circumstances; 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. Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, is amended by striking the Code section and inserting in lieu thereof a new Code section to read as follows:
"42-1-12. (a) As used in this Code section, the term:
(1) 'Appropriate state official' means: (A) With respect to an offender who is sentenced to probation without any sentence of incarceration in the state prison system or who is sentenced pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, the Division of Probation of the Department of Corrections; (B) With respect to an offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee; and (C) With respect to an offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee.
(2) 'Board' means the Sexual Offender Registration Review Board. (2.1) 'Change in enrollment status' or 'change in employment status' means the commencement or termination of enrollment or employment. (2.2) 'Change in vocation status' means the commencement or termination of a vocation.

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(3) 'Conviction' includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime, a plea of guilty, or a plea of nolo contendere. Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section.
(4)(A) 'Criminal offense against a victim who is a minor' with respect to convictions occurring on or before June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:
(i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; or (vii) Any conviction resulting from an underlying sexual offense against a victim who is a minor. (B) 'Criminal offense against a victim who is a minor' with respect to convictions occurring after June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of: (i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; (vii) Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct; (viii) Creating, publishing, selling, or distributing, or possessing any material depicting a minor or a portion of a minors body engaged in sexually explicit conduct; (ix) Transmitting, making, selling, buying, or disseminating by means of a computer any descriptive or identifying information regarding a child for the purpose of offering or soliciting sexual conduct of or with a child or the visual depicting of such conduct; or (x) Conspiracy to transport, ship, receive, or distribute visual depictions of minors engaged in sexually explicit conduct; or (x)(xi) Any conduct which, by its nature, is a sexual offense against a minor. (C) For purposes of this paragraph, conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger.

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(4.1) 'Institution of higher education' means a community college, state university, state college, or independent postsecondary institution. (5) 'Mental abnormality' means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons. (6) 'Predatory' means an act directed at a stranger or a person with whom a relationship has been established or promoted for the primary purpose of victimization. (7) 'Sexually violent offense' means a conviction for violation of Code Section 16-61, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 16-6-4, relating to aggravated child molestation; or Code Section 16-6-22.2, relating to aggravated sexual battery; or an offense that has as its element engaging in physical contact with another person with intent to commit such an offense; or a conviction in a federal court, military court, tribal court, or court of another state or territory for any offense which under the laws of this state would be classified as a violation of a Code section listed in this paragraph. (8) 'Sexually violent predator' means a person who has been convicted on or after July 1, 1996, of a sexually violent offense and who suffers from a mental abnormality or personality disorder or attitude that places the person at risk of perpetrating any future predatory sexually violent offenses. (9) 'Vocation' means any sort of full-time, part-time, or volunteer employment with or without compensation exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year.
(b)(1)(A)(i) On and after July 1, 1996, a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation his or her name and current address; place of employment and vocation, if any; the crime of which convicted; school name and address, if any; and the date released from prison or placed on parole, supervised release, or probation with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (ii) A person who has previously been convicted of a criminal offense against a victim who is a minor or who has previously been convicted of a sexually violent offense and who is released from prison or placed on parole, supervised release, or probation on or after July 1, 1996, shall register within ten days after such release or placement his or her name and current address; place of employment and vocation, if any; the crime of which convicted; school name and address, if any; and the date released from prison or placed on parole, supervised release, or probation with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section.

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(iii) On and after July 1, 1999, any resident of Georgia who is convicted under the laws of another state or territory, under the laws of the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense or a criminal offense against a victim who is a minor shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation. The information such an offender is required to register shall include his or her name and current address; place of employment and vocation, if any; the crime of which convicted; school name and address, if any; and the date released from prison or placed on parole, supervised release, or probation. Such an offender shall register with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (B) A person who is a sexually violent predator shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation the information required under subparagraph (A) of this paragraph with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside. The sheriff may prepare a list of such sexual predators providing each persons name, address, and photograph. The sheriff shall update the list periodically and may post such list in a prominent and visible location in the sheriffs office and each city hall or primary administration building of every incorporated municipality within the county. Such list shall also be made available upon request to any public or private elementary, secondary, or postsecondary school or educational institution located in the county. (2)(A) Upon a determination that an offender is guilty of a sexually violent offense, the court may request a report from the Sexual Offender Registration Review Board as to the likelihood that the offender suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. The report shall be requested as a matter of course for any offender with a history of sexually violent offenses. The court shall provide the Sexual Offender Registration Review Board with any information available to assist the board in rendering an opinion. The board shall have 60 days from receipt of the courts request to respond with its report. After receiving a recommendation from the Sexual Offender Registration Review Board that a convicted sexually violent offender be classified as a sexually violent predator, the sentencing court shall so inform the offender and shall set a date to conduct a hearing affording the offender the opportunity to present testimony or evidence relevant to the recommended classification. After the hearing and within 60 days of receiving the report, the court shall issue a ruling as to whether or not the offender shall be classified as a sexually violent predator. If the court determines the offender to be a sexually violent predator, such fact shall be communicated in writing to the appropriate state official and to the Georgia Bureau of Investigation. (B) The Sexual Offender Registration Review Board shall be composed of three professionals licensed under Title 43 and knowledgeable in the field of the behavior

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2585

and treatment of sexual offenders; at least one representative from a victims rights advocacy group or agency; and at least two representatives from law enforcement, each of whom is either employed by a law enforcement agency as a certified peace officer under Title 35 or retired from such employment. The members of such board shall be appointed by the commissioner of human resources for terms of four years. Members of the board shall take office on the first day of September immediately following the expired term of that office and shall serve for a term of four years and until the appointment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 457-21. (C) The Sexual Offender Review Board shall be attached to the Department of Human Resources for administrative purposes and provided there is adequate funding provided shall:
(i) Exercise its quasi-judicial, rule-making, or policy-making functions independently of the department and without approval or control of the department; (ii) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and (iii) Hire its own personnel if authorized by the Constitution of this state or by statute or if the General Assembly provides or authorizes the expenditure of funds therefor. (3)(A) If a person who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate state official shall: (i) Inform the person of the duty to register and obtain the information required under subparagraph (A) of paragraph (1) of this subsection for such registration; (ii) Inform the person that, if the person changes residence address, employment address, vocation address, school name, school address, or enrollment status, the person shall give the new information to the sheriff or sheriffs with whom the person last registered and the sheriff or sheriffs of the county to which the person is changing residence address, employment address, vocation address, school name, school address, or enrollment status, not later than ten days after the change of information. Following such notification, the sheriffs office shall notify immediately the Georgia Bureau of Investigation through the Criminal Justice Information System (CJIS) of each change of information; (iii) Inform the person that the person must register in any state where the person is employed or carries on a vocation or is a student;

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(iv) Inform the person that, if the person changes residence to another state, the person shall register the new address with the sheriff or sheriffs with whom the person last registered, and that the person shall also register with a designated law enforcement agency in the new state not later than ten days after establishing residence in the new state; (v) Obtain fingerprints and a photograph of the person if such fingerprints and photograph have not already been obtained in connection with the offense that triggered the initial registration; and (vi) Require the person to read and sign a form stating that the duty of the person to register under this Code section has been explained. A copy of this form and any other registration information furnished by the Department of Corrections shall be forwarded to the Georgia Bureau of Investigation. (B) In addition to the requirements of subparagraph (A) of this paragraph, for a person required to register under subparagraph (B) of paragraph (1) of this subsection, the appropriate state official shall obtain the name of the person; descriptive physical and behavioral information to assist law enforcement personnel in identifying the person; known current or proposed residence addresses of the person; place of employment, if any; offense history of the person; and documentation of any treatment received for any mental abnormality or personality disorder of the person; provided, however, that the appropriate state official shall not be required to obtain any information already on the criminal justice information system Criminal Justice Information System of the Georgia Crime Information Center. (C) The Georgia Crime Information Center shall create criminal justice information system the Criminal Justice Information System network transaction screens by which appropriate state officials shall enter original data required by this Code section including residence address, school name, school address, enrollment status, and employment and vocation address and status. Screens shall also be created for sheriffs offices for the entry of record confirmation data; employment; changes of residence, school, or employment; or other pertinent data and to assist in offender identification. (D) Any person changing residence from another state or territory of the United States to Georgia who is required to register under federal law or the laws of another state, territory, or tribal authority or who has been convicted of an offense in another state, territory, or tribal authority which would require registration under this Code section if committed in this state shall comply with the registration requirements of this Code section. Such person shall register the new address, and employment, and vocation information with the appropriate sheriff of the county as specified in subsection (c) of this Code section not later than ten days after the date of establishing residency in this state. Upon the persons registration with the sheriff of the county of new residence, the sheriff or his or her designee shall forward the registration information to the Georgia Bureau of Investigation. The sheriff or his or her designee shall obtain any needed information concerning the registrant,

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2587

including fingerprints and a photograph of the person if such fingerprints and photograph have not previously been obtained within the State of Georgia. In addition, the sheriff or his or her designee shall inform the person of the duty to report any change of address as otherwise required in this Code section. The Georgia Bureau of Investigation shall forward such information in the manner described in subsection (c) of this Code section. (E) The following persons are also required to register:
(i) Any nonresident who enters this state for the purpose of employment for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year and who is required to register under federal law, military law, tribal law, or the laws of another state or territory, which, based on an act, would require registration under this Code section; or (ii) Any nonresident who enters this state for the purpose of attending school as a full-time or part-time student and who is required to register under federal law, military law, tribal law, or the laws of another state or territory, which, based on an act, would require registration under this Code section. Any person required to register by this subparagraph shall not later than ten days after the person enters the state register with the sheriff of the county of his or her temporary address, with the sheriff of the county of his or her employment, and with the sheriff of the county in which the person is attending school. The information registered shall include the persons temporary address, permanent address in the persons state of residence, employment and vocation address and status, and school name, school address, and enrollment status. Upon the persons registration, the sheriff or the sheriffs designee shall forward the registration information to the Georgia Bureau of Investigation. The sheriff or the sheriffs designee shall obtain the fingerprints and photograph of the person, if the persons fingerprints and photograph have not previously been obtained in Georgia. The sheriff or the sheriffs designee shall inform the person of his or her duty to report any change in temporary residence, permanent residence, employment and vocation address and status, school name, school address, or enrollment status. (4) A person who is required to register under any provision of this Code section shall: (A) Report in person within ten days of release from prison, placement on probation, parole, or supervised release to the appropriate sheriffs office of the county or counties where the person resides, is employed, or attends school. A person who is so required to register must provide his or her street address to the sheriff of the persons county of residence; (B) Report in person within ten days to the appropriate sheriff or sheriffs if the person changes residence address, employment address, vocation address, school name, school address, or enrollment status; (C) In the event of a move to a new state, advise the sheriff of the county where the person last registered of his or her impending move within ten days of moving. He

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or she shall also report to the designated law enforcement agency in the new state of residence within ten days of arrival at the new residence; (D) Read and sign the offender registration notification form at the time of registration; and (E) Report in person to the sheriff of the persons county of residence within ten days of the anniversary date of the original registration with the offenders verification form from the Georgia Bureau of Investigation. (c)(1) The appropriate state official shall, within three days after receipt of information described in paragraph (3) of subsection (b) of this Code section, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the criminal justice information system Criminal Justice Information System by the appropriate state official or sheriff, the Georgia Crime Information Center, where appropriate, shall immediately notify the sheriff of the persons county of residence, either permanent or temporary, the sheriff of the county of employment, and the sheriff of the county where the person attends school. The Georgia Bureau of Investigation shall also immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation. It shall be the duty of the sheriff of each county within this state to maintain a register of the names and addresses of all registered offenders within the sheriffs jurisdiction whose names have been provided by the Georgia Bureau of Investigation to the sheriff under this Code section. The Georgia Bureau of Investigation shall establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation and shall perform mail out and verification duties on a quarterly basis. The Georgia Bureau of Investigation shall send each month criminal justice information system Criminal Justice Information System network messages to sheriffs listing offenders due for verification. The bureau shall also create a photo image file from original entries and provide such entries to sheriffs to assist in offender identification and verification. (2) Any person who is required to register under this Code section and who is enrolled, employed, or carries on a vocation at an institution of higher education in this state shall provide the name, address, and county of each institution including each campus attended and the persons position or enrollment status, as well as any change in enrollment, employment, or vocation status. The requirements of this This paragraph shall be accomplished in a manner specified in subparagraphs (b)(1)(A), (b)(1)(B), (b)(3)(A), (b)(3)(D), and (b)(3)(E) of this Code section. (3) The Georgia Bureau of Investigation shall establish operating policies and procedures in order to provide prompt notice of offender registration and any change in status information contained in paragraph (2) of this subsection to any law enforcement agency having jurisdiction where an institution of higher education is located and to include notification to the campus police if appropriate for the institution of higher education. The law enforcement agency or agencies having jurisdiction where an institution of higher education is located shall provide a statement advising the campus community where law enforcement agency information may be obtained as provided by the state under 20 U.S.C. Section 1092

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(f)(1) and 42 U.S.C. Section 1407 (j), concerning registered sex offenders. This information may be obtained at the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, or via the Georgia Bureau of Investigations Web page Internet website. (c.1)(1) On an annual basis, the Department of Education shall obtain from the Georgia Bureau of Investigation a complete list of the names and addresses of all registered sexual offenders and shall send such list, accompanied by a hold harmless provision, to each public elementary and secondary school in this state. In addition, the Department of Education shall provide information to each public elementary and secondary school in this state on how to access and retrieve from the Georgia Bureau of Investigations Internet website a list of the names and addresses of all registered sexual offenders. The Department of Education shall make such information available to any private school upon request. (2) The Office of School Readiness shall provide, on a one time one-time basis, information to all child care programs regulated pursuant to Code Section 20-1A-5 on how to access and retrieve from the Georgia Bureau of Investigations Internet website a list of the names and addresses of all registered sexual offenders and shall include, on a continuing basis, such information with each application for licensure. (3) The Department of Human Resources shall provide, on a one time one-time basis, information to all day care and group day care programs regulated pursuant to Code Section 49-5-12 on how to access and retrieve from the Georgia Bureau of Investigations Internet website a list of the names and addresses of all registered sexual offenders and shall include, on a continuing basis, such information with each application for licensure. (d)(1) For a person required to register under subparagraph (b)(1)(A) of this Code section, on each anniversary of the persons initial registration date during the period in which the person is required to register under this Code section, the following applies:
(A) The Georgia Bureau of Investigation shall mail a nonforwardable verification form to the last reported address of the person; (B) The person shall be required as a condition of parole or probation to respond directly to the sheriff within ten days after receipt of the form Upon receipt of the verification form the person shall be required to report in person to the sheriff of the persons county of residence within ten days of the anniversary date; (C) The verification form stating that the person still resides at the address last reported to the Georgia Bureau of Investigation shall be signed by the person and retained by the sheriff; and (D) The person shall report to the sheriff of the persons county of residence to be photographed every year within ten days of the anniversary date of the original registration; and (D)(E) If the person fails to respond directly to the sheriff within ten days after receipt of the form, the person shall be in violation of this Code section.

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(2) The provisions of paragraph (1) of this subsection shall be applied to a person required to register under subparagraph (b)(1)(B) of this Code section, except that such person must verify the registration every 90 days after the date of the initial release on probation by the court or the initial release by the Department of Corrections or commencement of parole. (e) A change of address by a person required to register under this Code section reported to the Georgia Bureau of Investigation shall be immediately reported to the sheriff of the county where the person resides as set forth in subparagraph (b)(3)(E) of this Code section. The Georgia Bureau of Investigation shall, if the person changes residence to another state, notify the law enforcement agency with which the person must register in the new state. (f) A person who has been convicted of an offense which requires registration under this Code section shall register the new address with a designated law enforcement agency in another state to which the person moves not later than ten days after such person establishes residence in the new state if the new state has a registration requirement. (g) A person required to register under subparagraph (b)(1)(A) of this Code section shall continue to comply with this Code section, except during ensuing periods of incarceration, during which time all registration requirements shall be stayed. Upon release from incarceration, the person shall report to the sheriff of the persons county of residence within ten days from the date of release from incarceration, until: (1) Ten years have elapsed since the person was released from prison or placed on parole, supervised release, or probation; or (2) For the life of that person if that person:
(A) Has one or more prior convictions for an offense described in subparagraph (a)(4)(A) and paragraph (7) of subsection (a) of this Code section; (B) Has been convicted of an aggravated offense described in paragraph (7) of subsection (a) of this Code section; or (C) Has been determined to be a sexually violent predator pursuant to subparagraph (b)(2)(A) of this Code section. (h) Any person who is required to register under this Code section and who fails to comply with the requirements of this Code section or who provides false information shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years; provided, however, that upon the conviction of the second or subsequent offense under this subsection, the defendant shall be punished by imprisonment for not less than one nor more than three years or by a fine in an amount of up to $100,000.00, or both. (i) The information collected under the state registration program shall be treated as private data except that: (1) Such information may be disclosed to law enforcement agencies for law enforcement purposes; (2) Such information may be disclosed to government agencies conducting confidential background checks;

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(3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall release relevant information collected under this Code section that is necessary to protect the public concerning those persons required to register under this Code section, except that the identity of a victim of an offense that requires registration under this Code section shall not be released. In addition to any other notice that may be necessary to protect the public, nothing in this Code section shall prevent any sheriff from posting this information in any public building in addition to those locations enumerated in subparagraph (b)(1)(B) of this Code section; and (4) It shall be the responsibility of the sheriff maintaining records required under this Code section to enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation upon his or her discretion. (j) Law enforcement agencies, employees of law enforcement agencies, members of the Sexual Offender Registration Review Board, and state officials shall be immune from liability for good faith conduct under this Code section. (k) The provisions of this Code section shall be in addition to and not in lieu of the provisions of Code Section 42-9-44.1, relating to conditions for parole of sexual offenders. (l) The Board of Public Safety is authorized to promulgate rules and regulations necessary for the Georgia Bureau of Investigation and the Georgia Crime Information Center to implement and carry out the provisions of this Code section. (m) No cause of action shall arise against any real estate broker or any affiliated licensee of the broker or any person or entity or its employees which own property or any person or entity or its employees who provide property management services as defined in paragraph (7) of Code Section 43-40-1 for the failure to disclose in any real estate transaction any information which is provided or maintained or required to be provided or maintained in accordance with this Code section. No cause of action shall arise against any real estate broker or any affiliated licensee of the broker or any person or entity or its employees which own property or any person or entity or its employees who provide property management services as defined in paragraph (7) of Code Section 43-40-1 for revealing any information provided or maintained or required to be provided or maintained in accordance with this Code section."
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 32, 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:

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
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
Seabaugh

Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens
Stokes Y Tanksley E 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 47, nays 0.

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

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.

Senate Sponsor: Senator Cagle of the 49th.

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

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2593

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

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

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

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

On the passage of the bill, the yeas were 33, nays 12.

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

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.

Senate Sponsor: Senator Hudgens of the 47th.

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

Seay Y Shafer

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

N 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
Mullis Price Y Reed Y Seabaugh

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

On the passage of the bill, the yeas were 39, nays 5.

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

The President resumed the Chair.

The Calendar was resumed.

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.

Senate Sponsor: Senator Harp of the 16th.

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

Seay Y Shafer

TUESDAY, APRIL 22, 2003

2595

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

Y 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
Seabaugh

Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley E Tate Y Thomas,D E 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.

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.

Senate Sponsor: Senator Cagle of the 49th.

The Senate Natural Resources and the Environment Committee offered the following substitute to HB 815:
A BILL TO BE ENTITLED AN ACT

To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to regulate the taking of certain wildlife; to change certain provisions relating to definitions; to change certain provisions relating to rules and regulations used to establish

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criminal violations; 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 sportsmans licenses; to repeal a provision relative to the disclosure of certain personal information; to change certain provisions relating to trout, big game, and official Georgia waterfowl licenses; to change certain provisions relating to license, permit, tag, and stamp fees; to change certain provisions relating to hunting at night; to change certain provisions relating to legal weapons for hunting wildlife generally; to change certain provisions relating to hunting of wildlife or feral hogs from boats, aircraft, or motor vehicles; to change certain provisions relating to hunting deer with dogs; to change certain provisions relating to hunting of alligators and possession of alligator products; to repeal certain provisions relating to taking, capturing, and killing diamondback terrapins; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking paragraph (3) of Code Section 27-1-2, relating to definitions, and inserting in lieu thereof the following:
"(3) 'Alligator product' means any product or article made, either wholly or in part, from any part of the hide of an alligator or alligator meat or any other part of an alligator carcass or alligator eggs."
SECTION 2. Said title is further amended by striking Code Section 27-1-39, relating to rules and regulations used to establish criminal violations, and inserting in lieu thereof the following:
"27-1-39. Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this title, the terms 'rules' and regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on July 1, 2002 October 1, 2003."
SECTION 3. Said title is further amended by striking Code Section 27-2-3, relating to effective dates of hunting, fishing, and trapping licenses generally, and inserting in lieu thereof the following:
"27-2-3. Except as otherwise specifically provided, all season hunting, fishing, and trapping licenses, including without limitation commercial fishing and commercial fishing boat licenses issued pursuant to Code Section 27-2-8, shall be effective from April 1 to

TUESDAY, APRIL 22, 2003

2597

March 31 of the following year; except that all annual hunting, fishing, and hunting and fishing combination licenses pursuant to paragraphs (1) through (4) of Code Section 272-23 shall be effective for 12 months from the date of issuance. No person shall be required to provide their social security number to the Department of Natural Resources, and the refusal to provide the social security number may not be used as a reason to deny the issuance of any license by the Department of Natural Resources."
SECTION 4. Said title is further amended by striking subsection (b) of Code Section 27-2-3.1, relating to licenses for archery and primitive weapons hunting, all weapons hunting licenses, license card carrier requirement, and lifetime sportsmens licenses, and inserting in lieu thereof the following:
"(b) The requirements in this title for procuring licenses for archery, primitive weapons, big game, and small game hunting shall be satisfied by a resident who purchases an all weapons hunting license. Such license does not satisfy the obligation to obtain a wildlife management area license, an official Georgia waterfowl license, or a migratory bird license Reserved."
SECTION 5. Said title is further amended by striking subsection (c) of Code Section 27-2-3.1, relating to licenses for archery and primitive weapons hunting, all weapons hunting licenses, license card carrier requirement, and lifetime sportsmens licenses, and inserting in lieu thereof the following:
"(c) The requirements in this title for procuring any license or permit for noncommercial hunting and fishing privileges, except for hunting alligators, shall be satisfied by a resident who procures a sportsman license. An applicant for such license shall, prior to the issuance of the license, complete a screening questionnaire associated with the federal Migratory Bird Harvest Information Program."
SECTION 6. Said title is further amended by striking Code Section 27-2-6, relating to trout, big game, and official Georgia waterfowl licenses, and inserting in lieu thereof the following:
"27-2-6. (a) It shall be unlawful for any person who has attained the age of 16 years to fish for or possess mountain trout or to fish in any waters designated as trout waters or trout streams pursuant to Code Section 27-4-51 unless such person has in his or her possession a trout license in addition to his or her fishing license. (b) It shall be unlawful for any person who has attained the age of 16 years to hunt or possess big game unless such person has in his or her possession a big game license in addition to the required hunting license; provided, however, that all nonresidents, regardless of age, must possess a nonresident hunting license along with any harvest records required by law or regulation to hunt big game in this state.

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(c) It shall be unlawful for any person who has attained the age of 16 years to hunt ducks, geese, or swans unless such person has in his or her possession an official Georgia waterfowl license in addition to the required hunting license. (d) It shall be unlawful for any person who has attained the age of 16 years to hunt alligators unless such person has in his or her possession an alligator hunting license in addition to the required hunting license; provided, however, that this subsection shall not apply to lifetime license holders. (d)(e) No resident of this state shall be required to obtain a trout license, official Georgia waterfowl license, or big game license to hunt, fish, or trap on premises owned by him or her or his or her immediate family. (e)(f) Any visitor to a state park, whether a resident or nonresident of Georgia, shall not be required to purchase a trout license when fishing in impounded waters on lands owned or leased by the department."

SECTION 7A. Said title is further amended by striking Code Section 27-2-23, relating to license, permit, tag, and stamp fees, and inserting in lieu thereof the following:

"27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows:

(1) Hunting licenses: (A) Resident hunting license

Season Annual

$ 10.00

(B) Nonresident hunting license

Season Annual

59.00

(C) Nonresident hunting license

Seven-day

25.00

(D) Hunting license, valid for residents

and nonresidents

One-day

5.50

(E) Resident archery license

Season

8.00

(F) Nonresident archery license

Season

25.00

(G)(E) Resident big game license

Season Annual

9.00

(H)(F) Nonresident big game license

Season Annual

118.00

(I)(G) Nonresident shooting preserve hunting license

Season

12.00

(J)(H) Commercial fox hunting preserve license

Season

60.00

(K)(I) Commercial fox breeder license

Season

60.00

TUESDAY, APRIL 22, 2003

(L)(J) Waterfowl license valid for residents and nonresidents

Season Annual

(M)(K) Georgia migratory bird license

Season Annual

(N) Resident all weapons hunting license

Season

(O)(L) Resident primitive weapons license Season Annual

(P)(M) Nonresident primitive weapons license Season Annual

(2) Resident hunting/fishing license

Season Annual

(3) Resident sportsmans license

Season Annual

(4) Recreational fishing licenses:

(A) Resident fishing license

Season Annual

(B) Nonresident fishing license

Season Annual

(C) Nonresident fishing license

Seven-day

(D) Fishing license, valid for residents and nonresidents

One-day

(E) Resident trout license

Season Annual

(F) Nonresident trout license

Season Annual

(5) Trapping licenses:

(A) Resident commercial trapping license

Annual

(B) Nonresident commercial trapping license Annual

(6) Commercial fishing licenses:

(A) Resident commercial fishing license

Season

(B) Nonresident commercial fishing license Season

(C) Resident commercial crabbing license

Season

(D) Nonresident commercial crabbing license Season

(7) Fur, hide, and pelt licenses:

2599
5.50 Free 26.00 8.00 25.00 17.00 60.00
9.00 24.00
7.00
3.50 5.00 13.00
30.00 295.00
12.00 118.00 12.00 118.00

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(A) Resident fur dealer license (B) Nonresident fur dealer license (C) Fur dealers agent license (8) Miscellaneous licenses and permits: (A) Retail fish dealer license (B) Wholesale fish dealer license (C) Resident game-holding permit (D) Commercial quail breeder permit (E) Scientific collecting permit (F) Wildlife exhibition permit (G) Commercial shooting preserve license (H) Private shooting preserve license (I) Blanket commercial shooting preserve license (J) Commercial fish hatchery license (K) Catch-out pond license (L) Soft-shell crab dealer license (M) Resident taxidermist license (N) Nonresident taxidermist license (O) Falconry permit (P) Commercial alligator farming license (Q) Alligator hunting license (R) Wild animal license (S) Wild animal auction license (T) Resident bait dealer license

Annual Annual Annual
Annual Annual Annual Annual Annual Annual Annual Annual
Annual Annual Annual Annual Three-year Three-year Three-year Annual Season Annual Annual Seven-day Season

295.00 415.00 180.00
10.00 59.00 5.00 30.00 50.00 59.00 150.00 75.00
500.00 59.00
236.00 10.00 150.00 500.00 30.00 50.00 50.00 236.00 5,000.00 25.00

TUESDAY, APRIL 22, 2003

2601

(U) Nonresident bait dealer license

Season

150.00

(9) The board is authorized to provide by rule for a fee not to exceed $19.00 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise use specially designated streams, lakes, or wildlife management areas or a fee not to exceed $73.00 for nonresident permits, licenses, or stamps issued under this paragraph."
SECTION 7B. Said title is further amended by striking Code Section 27-2-23, relating to license, permit, tag, and stamp fees, and inserting in lieu thereof the following:

"27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows:

(1) Hunting licenses: (A) Resident hunting license

Season Annual

$ 8.50

(B) Nonresident hunting license

Season Annual

50.00

(C) Nonresident hunting license

Seven-day

21.00

(D) Hunting license, valid for residents and nonresidents
(E) Resident archery license
(F) Nonresident archery license
(G)(E) Resident big game license
(H)(F) Nonresident big game license
(I)(G) Nonresident shooting preserve hunting license
(J)(H) Commercial fox hunting preserve license
(K)(I) Commercial fox breeder license
(L)(J) Waterfowl license valid for residents and nonresidents
(M)(K) Georgia migratory bird license

One-day Season Season Season Annual Season Annual
Season
Season Season
Season Annual Season Annual

5.50 6.50 21.00 7.50 100.00
10.00
50.00 50.00
5.50 Free

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JOURNAL OF THE SENATE

(N) Resident all weapons hunting license

Season

(O)(L) Resident primitive weapons license

Season Annual

(P)(M) Nonresident primitive weapons license Season Annual

(2) Resident hunting/fishing license

Season Annual

(3) Resident sportsmans license

Season Annual

(4) Recreational fishing licenses:

(A) Resident fishing license

Season Annual

(B) Nonresident fishing license

Season Annual

(C) Nonresident fishing license

Seven-day

(D) Fishing license, valid for residents and nonresidents

One-day

(E) Resident trout license

Season Annual

(F) Nonresident trout license

Season Annual

(5) Trapping licenses:

(A) Resident commercial trapping license

Annual

(B) Nonresident commercial trapping license Annual

(6) Commercial fishing licenses:

(A) Resident commercial fishing license

Season

(B) Nonresident commercial fishing license Season

(C) Resident commercial crabbing license

Season

(D) Nonresident commercial crabbing license Season

(7) Fur, hide, and pelt licenses:

(A) Resident fur dealer license

Annual

(B) Nonresident fur dealer license

Annual

(C) Fur dealers agent license

Annual

26.00 8.00 25.00 15.50 60.00
7.50 20.00
7.00
3.50 3.50 10.50
25.00 250.00
10.00 100.25 12.00 118.00
250.00 350.00 150.00

TUESDAY, APRIL 22, 2003

2603

(8) Miscellaneous licenses and permits: (A) Retail fish dealer license (B) Wholesale fish dealer license (C) Resident game-holding permit (D) Commercial quail breeder permit (E) Scientific collecting permit (F) Wildlife exhibition permit (G) Commercial shooting preserve license (H) Private shooting preserve license (I) Blanket commercial shooting preserve license (J) Commercial fish hatchery license (K) Catch-out pond license (L) Soft-shell crab dealer license (M) Resident taxidermist license (N) Nonresident taxidermist license (O) Falconry permit (P) Commercial alligator farming license (Q) Alligator hunting license (R) Wild animal license (S) Wild animal auction license (T) Resident bait dealer license (U) Nonresident bait dealer license

Annual Annual Annual Annual Annual Annual Annual Annual
Annual Annual Annual Annual Three-year Three-year Three-year Annual Season Annual Annual Seven-day Season Season

5.00 50.00 2.50 25.00 5.00 50.00 25.00 10.00
500.00 50.00
200.00 10.00
150.00 500.00
30.00 25.00 50.00 200.00 5,000.00 25.00 150.00

(9) The board is authorized to provide by rule for a fee not to exceed $15.60 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise use specially designated streams, lakes, or wildlife management areas or a

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JOURNAL OF THE SENATE

fee not to exceed $61.25 for nonresident permits, licenses, or stamps issued under this paragraph."
SECTION 8. Said title is further amended by striking Code Section 27-3-2, relating to hunting at night, and inserting in lieu thereof the following:
"27-3-2. It shall be unlawful to hunt at night any game bird or game animal in this state except for alligators, raccoons, opossums, foxes, and bobcats; and these may. Alligators may be hunted with a light which does not exceed 12 volts. Raccoons, opossums, foxes, and bobcats shall not be hunted with lights, except that a light which does not exceed six volts or a fuel-type lantern may be carried by hand by a hunter or worn on the hunters belt and used for locating such animals."
SECTION 9. Said title is further amended by striking paragraphs (1), (4), (5), (7), and (8) of Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, and inserting in lieu thereof the following:
"(1) Longbows, recurve bows, crossbows, and compound bows may be used for taking small game, feral hogs, or big game. Arrows for hunting deer, bear, and feral hogs must be broadhead type;" "(4) Weapons for hunting small game shall be limited to shotguns with shot shell size of no greater than 3 1/2 inches in length with No. 2 lead shot or smaller or federally approved nontoxic shot size of F or smaller shot, .22 caliber or smaller rimfire firearms, air rifles, muzzleloading firearms, longbows, recurve bows, crossbows, and compound bows; provided, however, that nothing contained in this paragraph shall permit the taking of protected species;
(5)(A) For hunting deer, feral hogs, and bear, shotguns shall be limited to a capacity of not more than five shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine. (B) For hunting all other game animals, shotguns shall be limited to a capacity of not more than three shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine;" "(7) Weapons for hunting alligators shall be limited to hand-held ropes or snares, snatch hooks, harpoons, gigs, or arrows with restraining lines attached. Lawfully restrained alligators may be killed with any caliber handgun or bangstick and shall be killed immediately before transporting; (8) There are no firearms restrictions for taking nongame animals or nongame birds; and (8)(9) The use of silencers for hunting within this state is prohibited."

TUESDAY, APRIL 22, 2003

2605

SECTION 10. Said title is further amended by striking subsection (a) of Code Section 27-3-13, relating to hunting of wildlife or feral hogs from boats, aircraft, or motor vehicles, and inserting in lieu thereof the following:
"(a) It shall be unlawful to hunt any wildlife or feral hog from an electric, gas, or diesel boat, a steamboat, a sailboat, an airplane, a hydroplane, a hovercraft, or a motor vehicle; except that alligators may be hunted from any boat or watercraft under power."
SECTION 11. Said title is further amended in Code Section 27-3-17, relating to hunting deer with dogs, by adding new subsections to read as follows:
"(c) It shall be unlawful for any person to hunt deer with dogs on any tract of real property unless a permit for hunting deer with dogs has been issued by the department for such tract to the owner or owners of such tract or the lessee of deer hunting rights for such tract. A permit for hunting deer with dogs shall not be issued for any tract of real property that is less than 1,000 contiguous acres. Any application for a permit for hunting deer with dogs shall be on such form as prescribed by the department; shall be accompanied by the required application fee; and shall include a written description of the tract boundaries and a map showing key features such as public roads or streams on or bordering the tract and occupied dwellings on adjacent properties. The application must be signed by all persons owning any portion of the tract of real property or an authorized agent thereof. The application fee for such permit shall be $100.00 for an annual permit or $25.00 for a two-day permit. (d) The owner of any dog that is used for hunting deer must cause such dog to be identified at all times during the hunt with the permit number for the tract being hunted. (e) Any person operating a motor vehicle used in conducting a deer hunt with dogs shall during such hunt clearly display in the lower corner of the drivers side of the front or rear windshield of such motor vehicle a decal or card showing the tract permit number in numerals not less than two inches high. (f) The department shall thoroughly investigate for validity any complaints from adjacent property owners regarding hunting deer with dogs in violation of this title or rules and regulations issued pursuant to this title. The commissioner may take action against a permit as provided by Code Section 27-2-25 for violations of the provisions of this title or rules and regulations issued pursuant to this title occurring on the tract of real property for which the permit was issued."
SECTION 12. Said title is further amended in Code Section 27-3-19, relating to hunting of alligators and possession of alligator products, by striking subsections (c) through (e) and inserting in lieu thereof the following:
"(c)(1) It shall be unlawful for any person to possess, buy, or sell in this state the untanned hide or skin or alligator products from an alligator not lawfully taken under

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JOURNAL OF THE SENATE

the authority of Code Section 27-3-15. All such hides, skins, and alligators not lawfully taken are declared to be contraband and shall be seized and disposed of as directed by the commissioner. Possession in a store, warehouse, or retail place of business of such untanned hides or skins or alligator products not lawfully taken shall be prima-facie evidence of violation of this subsection. This subsection shall not apply to alligator products made from hides or skins of alligators produced on farms licensed under this title or from hides or skins of alligators lawfully possessed, taken, or acquired outside or inside this state, nor shall any provision of this subsection be construed so as to prohibit the preparation, processing, or manufacturing of such commercially grown or lawfully possessed, taken, or acquired alligator hides or the storage or sale of products made therefrom, subject to rules and regulations promulgated by the board. (2) It shall be unlawful for any person to gather alligator eggs from the wild or possess alligator eggs gathered from the wild in this state except pursuant to permit issued by the department for such purpose. The board shall establish the conditions of such permits by such rules or regulations as are reasonable and necessary under sound game management practices, which shall include without limitation specification of when and where such eggs may be gathered, limits on the number of eggs that may be gathered, the placement of gathered eggs in incubators, return of a minimum percentage and size of hatchlings from gathered eggs to the wild, and permit fees in such amounts as are necessary to cover the cost of administration. This paragraph shall not apply to the collection of alligator eggs from an alligator farm licensed under this title. (d)(1) It shall be unlawful to possess or transport into this state any untanned alligator hide, skin, or alligator product from any place in which the taking of alligators is prohibited. (2) It shall be unlawful to possess or transport into this state any alligator eggs gathered from the wild from any place where such gathering of alligator eggs from the wild is prohibited. (3) All such hides, skins, and alligator products, and alligator eggs are declared to be contraband and shall be seized and disposed of in accordance with Code Section 27-121. (4) Notwithstanding any other provision to the contrary, it shall be lawful to possess and transport into this state any untanned alligator hide, skin, or alligator product, or alligator egg which was lawfully taken and transported and which is accompanied by a bill of sale, bill of lading, or invoice, or permit. (e) Any person who possesses any untanned alligator hide, skin, or alligator product, or alligator egg from any place in which the taking of alligators is lawful, the gathering of alligator eggs from the wild is lawful, or from an alligator farm licensed under this title shall retain such receipts, invoices, bills of lading, permits, or other indicia of lawful possession, taking, or acquisition as are necessary to indicate clearly at all times the place of origin of the specific untanned alligator hides, skins, or alligator products, or alligator eggs possessed."

TUESDAY, APRIL 22, 2003

2607

SECTION 13. Said title is further amended by striking and reserving Code Section 27-4-116, relating to taking, capturing, and killing diamondback terrapins.

SECTION 14. (a) This Act shall become effective on July 1, 2003, except as otherwise provided in subsection (b) of this section.
(b)(1) Section 2 of this Act shall become effective on October 1, 2003. (2) Sections 3, 4, and 7A of this Act shall become effective on February 29, 2004. (3) Section 7B of this Act shall become effective on March 31, 2012.

SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 30, 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 Y Blitch
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 Hamrick

Y Harbison Y Harp Y 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 N Moody Y Mullis Y Price Y Reed
Seabaugh

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

On the passage of the bill, the yeas were 44, nays 4.

2608

JOURNAL OF THE SENATE

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 substitute, by the requisite constitutional majority the following Bill of the Senate:

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 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 Bills of the House:

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 Speaker has appointed on the part of the House, Representatives Harbin of the 80th, Lord of the 103rd, and Dodson of the 84th, Post 1.

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.

TUESDAY, APRIL 22, 2003

2609

The Speaker has appointed on the part of the House, Representatives Porter of the 119th, Bordeaux of the 125th, and Oliver of the 56th, Post 2.

The House insists on its position in disagreeing to the Senate amendment, 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 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.

The Speaker has appointed on the part of the House, Representatives Harbin of the 80th, Powell of the 23rd, and Dean of the 49th.

The House insists on its position in amending the Senate substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill 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.

The Speaker has appointed on the part of the House, Representatives Royal of the 140th, Skipper of the 116th, and Heard of the 75th.

The Calendar was resumed.

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

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JOURNAL OF THE SENATE

Information Center, so as to limit data on outstanding warrants to certain offenses; and for other purposes.

Senate Sponsor: Senator Tanksley of the 32nd.

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
Bulloch Y Butler Y Cagle Y Cheeks
Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall
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
Price Y Reed Y Seabaugh

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

Senator Lee of the 29th asked unanimous consent that the following bill be placed on the Table:

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

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certain judicial and certain nonjudicial sales that are later rescinded; and for other purposes.

Senate Sponsor: Senator Lee of the 29th.

Senator Balfour of the 9th objected.

The President ruled the motion out of order.

The Calendar was resumed.

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.

Senate Sponsor: Senator Johnson of the 1st.

Senators Zamarripa of the 36th, Tate of the 38th and Fort of the 39th offered the following amendment:

Amend HB 493 by striking line 4 of page 1 and inserting in lieu thereof the following: "premises no later than 4:30 A.M. on each day Monday through Saturday and beginning at 12:30 P.M. and ending at 12:00 Midnight on Sunday; to"

By striking line 18 of page 1 and inserting in lieu thereof the following: "premises no later than 4:30 A.M. on each day Monday through Saturday and beginning at 12:30 P.M. and ending at 12:00 Midnight on Sunday in any"

By striking lines 8 and 9 on page 2 and inserting in lieu thereof the following:

"( ) NO

consumption on the premises no later than 4:30 A.M. on each day
Monday through Saturday and beginning at 12:30 P.M. and ending at 12:00 Midnight on Sunday?'"

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On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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

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

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

On the adoption of the amendment, the yeas were 17, nays 33, and the Zamarripa, et al. amendment was lost.

Senators Zamarripa of the 36th and Fort of the 39th offered the following amendment:

Amend HB 493 by striking all matter on lines 4 and 5 of page 1 and inserting in place
thereof the following: "premises during certain hours; to provide that such authorization shall be by resolution or ordinance;".

By striking all matter beginning with line 20 of page 1 and ending with line 17 of page 2
and inserting in place thereof the following: "(b) Any governing authority desiring to permit and regulate alcoholic beverage sales pursuant to this Code section shall so provide by proper resolution or ordinance."

On the adoption of the amendment, the yeas were 5, nays 40, and the Zamarripa, Fort amendment 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 N Balfour Y Blitch Y Bowen N Brown N Brush Y Bulloch N Butler N Cagle N Cheeks Y Clay Y Collins Y Crotts N Dean N Fort N Gillis N Golden N Hall N Hamrick

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

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

On the passage of the bill, the yeas were 26, nays 25.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Henson of the 41st gave notice that at the proper time he would move that the Senate reconsider its action in failing to pass HB 493.

Pursuant to Senate Rule 96, the President ruled the motion out of order.

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

Mr. President:

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

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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.

The House insists on its position in substituting the following Bill of the Senate:

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 House insists on its position in disagreeing to the Senate amendment, 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 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 Speaker has appointed on the part of the House, Representatives Black of the 144th, Parrish of the 102nd, and Parham of the 94th.

The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the Senate:

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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.

The Speaker has appointed on the part of the House, Representatives Keen of the 146th, Lord of the 103rd, and Watson of the 60th, Post 2.

The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the Senate:

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 Speaker has appointed on the part of the House, Representatives DeLoach of the 127th, Powell of the 23rd, and Boggs of the 145th.

The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Resolution of the Senate:

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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.

The Speaker has appointed on the part of the House, Representatives Greene of the 134th, Buckner of the 109th, and Stephens of the 123rd.

The House insists on its position in disagreeing to the Senate amendment, 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 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 Speaker has appointed on the part of the House, Representatives Jenkins of the 93rd, Thompson of the 69th, Post 1, and Randall of the 107th.

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

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 House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

TUESDAY, APRIL 22, 2003

2617

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 Calendar was resumed.

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.

Senate Sponsor: Senator Kemp of the 46th.

The Senate Judiciary Committee offered the following substitute to HB 194:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 4A of Title 43 of the Official Code of Georgia Annotated, relating to athlete agents, so as to provide a short title; to provide definitions; to provide for the Georgia Athlete Agent Regulatory Commission and its composition, terms, officers, powers and staff; to provide for appointment of the Secretary of State as agent for service of process by nonresident athlete agents under certain circumstances; to provide for registration of athlete agents; to prohibit persons from acting as athlete agents without registering with the commission; to provide for the content of registration forms; to provide for standards for the issuance or denial of registration certificates; to provide for renewal of registration certificates; to provide for sanctions of registrants; to provide for fees; to provide for temporary registration; to require the maintenance of certain records; to provide for criminal penalties for violations; to provide for surety bonds; to provide for prohibited acts by athlete agents; to provide for civil penalties; to provide for notice of signing of agency contracts; to provide for required information and provisions of agency contracts; to provide for certain notice to student athletes who sign agency contracts; to

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provide that such contracts are voidable and may be cancelled under certain circumstances; to provide for construction; to provide for electronic signatures; to provide a right of action by educational institutions against athlete agents and former student athletes when the educational institution is injured as a result of the violation of the provisions of this Act; to amend Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Athletic and Entertainment Commission, so as to provide and revise definitions; to authorize the commission to collect and remit certain tax payments; to change certain provisions relating to licensing of boxers in certain circumstances; to provide for qualifications for persons 50 years of age or older seeking a license as a professional boxer; to provide for the powers of the commission upon violation of laws and regulations relating to boxing; to provide for reports and tax payments by promoters; to provide that making a willfully false and fraudulent report is perjury; to provide a penalty for willful failure to make a report and pay taxes; to clarify a provision making it unlawful for persons other than ticket brokers to resell tickets or offer tickets for resale; to provide for exceptions; to change certain provisions regarding service charges for the sale of tickets or rights of entry to certain events; to revise provisions relating to maintaining an office; to change provisions relating to requirements for and conduct of ticket brokers; to require the placement of the license number of ticket brokers on certain advertisements; to authorize certain municipal corporations and counties to require permits for persons reselling tickets or offering tickets for resale in certain circumstances; to renumber Code Section 43-4B-40 as 43-4B-21, conform crossreferences, and delete Article 4 of such chapter; 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 4A of Title 43 of the Official Code of Georgia Annotated, relating to athlete agents, is amended by striking Code Section 43-4A-1, relating to short title, and inserting in lieu thereof a new Code Section 43-4A-1 to read as follows:
"43-4A-1. This chapter shall be known and may be cited as the 'Georgia Uniform Athlete Agents Regulatory Act of 1988.'"
SECTION 2. Said chapter is further amended by striking Code Section 43-4A-2, relating to definitions, and inserting in lieu thereof a new Code Section 43-4A-2 to read as follows:
"43-4A-2. As used in this chapter, the term:
(1) 'Agent Agency contract' means any contract or an agreement pursuant to in which an a student athlete authorizes or empowers an athlete agent a person to negotiate or solicit on behalf of the student athlete with one or more a professional sports teams

TUESDAY, APRIL 22, 2003

2619

for the employment of the athlete by one or more professional sports teams or to negotiate or solicit on behalf of the athlete for the employment of the athlete as a professional athlete services contract or an endorsement contract. (2) 'Athlete' means an individual who is eligible to participate in any intercollegiate sport and who is currently enrolled as a student at an institution of higher education or has signed a national grant-in-aid with an institution of higher education. (3) 'Athlete agent' means a person an individual who enters into an agency contract with a student athlete or, directly or indirectly, recruits or solicits an a student athlete to enter into an agent agency contract or professional sports services contract with that person or who for a fee procures, offers, promises, or attempts to obtain employment for an athlete with a professional sports team. This term includes an individual who represents to the public that the individual is an athlete agent. The This term 'athlete agent' does not include a spouse, parent, sibling, grandparent, or guardian of the student athlete or an individual acting solely on behalf the owner, employee, or other representative of a professional sports team, provided that such owner, employee, or representative does not recruit or solicit such athlete to enter into an agent contract or professional sports services contract or professional sports organization or for a fee does not procure, offer, promise, or attempt to obtain employment for such athlete with a professional sports team. (4) (3) 'Athletic department director' means the entity exercising control over the intercollegiate sports an individual responsible for administering the overall athletic program at of an educational institution of higher education, including, but not limited to, an athletic association, an athletic department, or an athletic foundation or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males and the athletic program for females, as appropriate. (5) 'Athletic director' means the representative of the intercollegiate sports program at an institution of higher education as identified on the annual report filed with the commission. (6) (4) 'Commission' means the Georgia Athlete Agent Regulatory Commission created in Code Section 43-4A-3. (5) 'Contact' means a communication, direct or indirect, between an athlete agent and a student athlete to recruit or solicit the student athlete to enter into an agency contract. (6) 'Endorsement contract' means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the student athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance. (7) 'Intercollegiate sport' means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of collegiate athletics. (7) 'Institution of higher education' means a public or private postsecondary school located in this state.

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(8) 'Person' means any individual, company, corporation, business trust, estate, trust, association, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. (9) 'Professional sports services contract' means any contract or an agreement pursuant to under which an athlete individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete. (10) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (11) 'Registration' means registration as an athlete agent pursuant to this chapter. (12) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (13) 'Student athlete' means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student athlete for purposes of that sport."
SECTION 3. Said chapter is further amended by striking Code Section 43-4A-3, relating to the creation of the Georgia Athlete Agent Regulatory Commission, and inserting in lieu thereof a new Code Section 43-4A-3 to read as follows:
"43-4A-3. (a)(1) There is created shall be a commission for the regulation of athlete agents in the State of Georgia to be known as the Georgia Athlete Agent Regulatory Commission.
(2) The Until July 1, 2003, the commission shall consist of six members with an interest in college athletics to be appointed as follows:
(1) (A) The Governor shall appoint two commission members; (2) (B) The President of the Senate shall appoint two commission members; and (3) (C) The Speaker of the House of Representatives shall appoint two commission members. (3) On and after July 1, 2003, the commission shall consist of five members with an interest in college athletics to be appointed as follows: (A) The Governor shall appoint two commission members; (B) The President of the Senate shall appoint one commission member; and (C) The Speaker of the House of Representatives shall appoint two commission members. (4) The terms of the members of the Georgia Athlete Agent Regulatory Commission serving on March 1, 2003, shall continue until June 30, 2003, at which time their terms shall end. Thereafter, successors to such board members shall be appointed in accordance with paragraph (3) of this subsection.

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2621

(5) All members of the commission shall be citizens of the United States and residents of Georgia. The term of each commission member shall be for a period of three years and commission members may be eligible for reappointment, subject to the provisions of this chapter. If a vacancy occurs on the commission, the officer who originally appointed such member shall appoint a successor who shall take office immediately and serve the remainder of the unexpired term. The commission members and their successors shall have and exercise all the powers and authority vested by law in said commission. (b) The effective date of all original the appointments pursuant to paragraph (4) of subsection (a) of this Code section shall be September 1, 1988 July 1, 2003. (c) No person who has served two successive complete terms on the commission shall be eligible for reappointment until after the lapse of one year. Appointment to fill an unexpired term is not to be considered as a complete term. (d) The Governor shall remove from the commission any member for cause as provided in Code Section 43-1-17. (e) The commission shall elect annually a chairman chairperson and a vice-chairman vice chairperson. (f) A majority of the commission shall constitute a quorum for the transaction of business. (g) The commission may promulgate and from time to time amend rules and standards of conduct for athlete agents appropriate for the protection of the residents of the state. (h) Members of the commission shall be reimbursed as provided in subsection (f) of Code Section 43-1-2. (i) The division director shall be the secretary of the commission and provide all administrative services."
SECTION 4. Said chapter is further amended by striking Code Section 43-4A-4, relating to registration requirements, and inserting in lieu thereof a new Code Section 43-4A-4 to read as follows:
"43-4A-4. (a) No athlete agent shall contact an athlete, either directly or indirectly, or otherwise engage in or carry on the occupation of an athlete agent with an athlete without first registering with the commission. (b) Each institution of higher education shall file an annual report with the commission, on a form provided by the commission, identifying the athletic director for said institution. By acting as an athlete agent in this state, a nonresident individual appoints the division director of the professional licensing board as the individuals agent for service of process in any civil action in this state related to the individuals acting as an athlete agent in this state."

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SECTION 5. Said chapter is further amended by inserting a new Code Section 43-4A-4.1 to read as follows:
"43-4A-4.1. (a) Except as otherwise provided in subsection (b) of this Code section, an individual may not act as an athlete agent in this state without holding a certificate of registration under this chapter. (b) Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes, except signing an agency contract, if:
(1) A student athlete or another person acting on behalf of the student athlete initiates communication with the individual; and (2) Within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this state. (c) An agency contract resulting from conduct in violation of this Code section is void and the athlete agent shall return any consideration received under the contract."
SECTION 6. Said chapter is further amended by striking Code Section 43-4A-5, relating to application for registration, and inserting in lieu thereof a new Code Section 43-4A-5 to read as follows:
"43-4A-5. (a) A written application An applicant for registration or registration renewal shall be made submit an application for registration to the commission on the in a form prescribed by the commission and shall, at a minimum, state the following. An application filed under this Code section is a public record. The application must be in the name of an individual and state or contain the following and any other information required by the commission:
(1) The name of the applicant and the address of the applicants residence and principal place of business; (2) The address where the business of the athlete agent is to be conducted name of the applicants business or employer, if applicable; (3) The Any business or occupation engaged in by the applicant for at least two the five years immediately next preceding the date of submission of the application; (4) Such biographical information on the applicant as may be deemed necessary by the commission; and A description of the applicants:
(A) Formal training as an athlete agent; (B) Practical experience as an athlete agent; and (C) Educational background relating to the applicants activities as an athlete agent; (5) The names and addresses of all persons, except bona fide employees on stated salaries, who are financially interested, either as partners, members of a limited liability company, associates, or profit sharers, in the operation of the business of the

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athlete agent three individuals not related to the applicant who are willing to serve as references; (6) The name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the five years next preceding the date of submission of the application; (7) The names and addresses of all persons who are:
(A) With respect to the athlete agents business if it is not a corporation, the partners, members, officers, managers, associates, or profit sharers of the business; and (B) With respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of 5 percent or greater; (8) Whether the applicant or any person named pursuant to paragraph (7) of this subsection has been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony, and identify the crime; (9) Whether there has been any administrative or judicial determination that the applicant or any person named pursuant to paragraph (7) of this Code section has made a false, misleading, deceptive, or fraudulent representation; (10) Any instance in which the conduct of the applicant or any person named pursuant to paragraph (7) of this Code section resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student athlete or educational institution; (11) Any sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to paragraph (7) of this Code section arising out of occupational or professional conduct; and (12) Whether there has been any denial of an application for, suspension or revocation of, or refusal to renew the registration or licensure of the applicant or any person named pursuant to paragraph (7) of this Code section as an athlete agent in any state. (b) The application for registration shall be accompanied by affidavits or certificates of completion of any and all formal training or practical experience in any one of the following specific areas: contracts, contract negotiation, complaint resolution, arbitration, or civil resolution of contract disputes. The commission, in evaluating the applicants qualifications, may consider any other relevant training, education, or experience to satisfy this requirement."
SECTION 7. Said chapter is further amended by striking Code Section 43-4A-6, relating to evaluation and investigation of applicant, and inserting in lieu thereof a new Code Section 43-4A-6 to read as follows:
"43-4A-6. Upon receipt of an application for registration, the commission may evaluate and investigate the education, training, experience, and character of the applicant and may

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examine the premises designated in the application to verify it to be the principal place of business in which the applicant proposes to conduct business as an athlete agent Reserved."
SECTION 8. Said chapter is further amended by striking Code Section 43-4A-7, relating to grounds for refusal or revocation of registration, and inserting in lieu thereof a new Code Section 434A-7 to read as follows:
"43-4A-7. (a) The commission, by a majority of its members present and voting, may refuse to grant issue a certificate of registration to an applicant therefor or may revoke a registration of a person registered by the commission or may discipline a person registered by the commission upon making a finding that the applicant or registrant or his or her representative or employee if the commission determines that the applicant has engaged in conduct that has a significant adverse effect on the applicants fitness to act as an athlete agent. In making the determination, the commission may consider whether the applicant has:
(1) Been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony; (2) Has made Made a material false, misleading, deceptive, untrue, or fraudulent representation in the application or as an athlete agent or in any document connected therewith or practiced fraud or deceit or made a false statement of a material nature in his or her application for registration or made a false or deceptive statement of a material nature on an application for biennial registration renewal with the commission; (2) (3) Has ever misappropriated funds or engaged Engaged in other specific acts such as embezzlement, theft, or fraud which conduct that would render him or her unfit to serve disqualify the applicant from serving in a fiduciary capacity; (3) (4) Has engaged Engaged in such other conduct that has a significant adverse impact on his or her creditability, honesty, integrity, or competence to serve in a fiduciary capacity prohibited by this chapter; (5) Had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any state; (4) (6) Has engaged Engaged in conduct which results in a violation of any rule or regulation promulgated by the consequence of which was that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate sports governing body athletic event was imposed on a student athlete or educational institution; or (5) Has been convicted of a crime covered by Article 2 of Chapter 12 of Title 16 or has been convicted of a gambling offense in another state; (6) Has been convicted of violating a statute, law, or any rule or regulation of this state, any other state, the commission, the United States, or any other lawful licensing authority, without regard to whether the violation is criminally punishable, which law, rule, or regulation relates to or in part regulates athlete agents, or violating a lawful

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order of the commission previously entered by the commission in a disciplinary hearing; (7) Is unwilling to swear or affirm that he or she will comply with such rules and standards of conduct for athlete agents as may from time to time be promulgated by the commission; (8) Has engaged in conduct which results in an athletes losing eligibility to participate in intercollegiate sports contests as a member of a sports team of an institution of higher education; (9) Except as provided in subsection (b) or (c) of this Code section, has directly or indirectly contacted an athlete prior to the completion of the athletes last intercollegiate contest for the purpose of entering or soliciting entry into an agent contract; (10) Has accepted as a client an athlete referred by and in exchange for any consideration made to an employee or coach of an institution of higher education; (11) Has offered anything of value to any person to induce an athlete to enter into an agent contract; or (12) (7) Has postdated an agent contract Engaged in conduct that significantly adversely reflects on the applicants credibility, honesty, or integrity. (b) This chapter does not prohibit an athlete agent from sending to an athlete written materials, provided that the athlete agent simultaneously sends an identical copy of such written materials to the athletic director of the institution of higher education in which the athlete is enrolled, or with which the athlete has signed a national grant-inaid, or to such athletic directors designee In making a determination under subsection (a) of this Code section, the commission shall consider: (1) How recently the conduct occurred; (2) The nature of the conduct and the context in which it occurred; and (3) Any other relevant conduct of the applicant. (c) This chapter does not prohibit an athlete agent from contacting an athlete for the purpose of entering or soliciting entry into an agent contract, provided that the athlete or the athletes parent or guardian initiates the contact and the athlete agent gives prior notice of his or her contact to the athletic director of the institution of higher education in which the athlete is enrolled, or with which the athlete has signed a national grant-inaid, or to such athletic directors designee. (d) (c) The refusal to grant a registration shall not 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 such chapter shall not be required. Notice of refusal to grant a registration is required to shall be sent by registered mail or statutory overnight delivery or personal service setting forth the particular reasons for the refusal. The written notice shall be sent to the applicants address of record with the commission and the applicant shall be allowed to appear before the commission if the applicant so requests to do so in writing.

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(d) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the commission. An application filed under this subsection is a public record. (e) A certificate of registration or a renewal of a registration is valid for a period of up to two years."
SECTION 9. Said chapter is further amended by striking Code Section 43-4A-8, relating to actions against persons unqualified for registration or registrants to be disciplined, and inserting in lieu thereof a new Code Section 43-4A-8 to read as follows:
"43-4A-8. (a) When the The commission finds that a person is unqualified to be granted a may suspend, revoke, or refuse to renew a registration or finds that a registrant should be disciplined pursuant to the laws of this state, may discipline a person registered by the commission may take any one or more of the following actions: for conduct that would have justified denial of registration under Code Section 43-4A-7.
(1) Refuse to grant or renew a registration; (2) Administer a public reprimand; (3) Suspend any registration for a definite period of time or for an indefinite period of time in connection with any condition which may be attached to the restoration of said registration; (4) Limit or restrict any registration as the commission deems necessary for the protection of the public; (5) Revoke any registration; (6) Impose a fine not to exceed $100,000.00 for each violation of a law, rule, or regulation; or (7) Impose any condition on a registration, including, but not limited to, requiring a surety bond in excess of $10,000.00, which the commission may reasonably deem necessary for the protection of the public. (b) The commission may discipline, suspend, revoke, or refuse to renew a certificate of registration only after proper notice and an opportunity for a hearing. (c) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedures Act,' shall be applicable to the commission and the provisions of this chapter."
SECTION 10. Said chapter is further amended by striking Code Section 43-4A-9, relating to duration of registration, and inserting in lieu thereof a new Code Section 43-4A-9 to read as follows:
"43-4A-9. A registration shall be valid for a period of up to two years. Renewal of a registration shall require the filing of an application for renewal, and a renewal bond, if applicable. A renewal fee shall be paid by the athlete agent at the time of filing such application An application for registration or renewal of registration must be accompanied by such fee

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as shall be prescribed by the commission and a renewal bond, if applicable. The fee shall be the same for all applicants regardless of previous or current registrations or licenses in other states or jurisdictions as an athlete agent."
SECTION 11. Said chapter is further amended by striking Code Section 43-4A-10, relating to temporary registration, and inserting in lieu thereof a new Code Section 43-4A-10 to read as follows:
"43-4A-10. Upon receipt by the The commission of a completed application for registration, surety bond, and fee and after approval of the chairman of the commission, the division director may in his or her discretion may issue a temporary certificate of registration to an applicant while an application for registration or renewal of registration is pending, upon receipt by the commission of a completed application for registration, surety bond, and fee and after approval by the chairperson of the commission. The division director may in his or her discretion issue a temporary registration to the applicant, which registration shall have the same force and effect as a permanent registration until the next regular meeting of the commission when the temporary registration shall become void. A temporary registration shall not be recorded. A temporary registration shall be subject to revocation in the same manner as a permanent registration may be voided at any time."
SECTION 12. Said chapter is further amended by striking Code Section 43-4A-11, relating to violations, and inserting in lieu thereof a new Code Section 43-4A-11 to read as follows:
"43-4A-11. (a) Any person who engages in the occupation of an athlete agent with an athlete without complying with this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $5,000.00 nor more than $100,000.00 or by imprisonment from one to five years, or both An athlete agent shall retain the following records for a period of five years:
(1) The name and address of each individual represented by the athlete agent; (2) Any agency contract entered into by the athlete agent; and (3) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract. (b) Any agent contract or professional services contract that is negotiated for, with, or on behalf of an athlete by an athlete agent who has failed to comply with the registration requirements of subsection (a) of Code Section 43-4A-4 is void Records required by subsection (a) of this Code section to be retained are open to inspection by the commission during normal business hours."

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SECTION 13. Said chapter is further amended by striking Code Section 43-4A-12, relating to fees, and inserting in lieu thereof a new Code Section 43-4A-12 to read as follows: "43-4A-12.
The commission is authorized to charge an application fee, temporary registration fee, registration fee, registration renewal fee, or similar fees and may establish the amount of the fees to be charged. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the commission shall approximate the total of the direct and indirect costs to the state of the operations of the commission An athlete agent who violates Code Section 43-4A-16 shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than $5,000.00 nor more than $100,000.00, by imprisonment of one to five years, or both such fine and imprisonment."
SECTION 14. Said chapter is further amended by striking Code Section 43-4A-13, relating to surety bond requirements, and inserting in lieu thereof a new Code Section 43-4A-13 to read as follows:
"43-4A-13. (a) An athlete agent shall deposit or have deposited with the commission, prior to the issuance of a registration or renewal of a registration, a surety bond in the penal sum of not less than $10,000.00, as established by the commission. Such surety bond shall be executed in the favor of the state with a surety company authorized to do business in this state and conditioned to pay damages in the amount of such bond to any athletic department aggrieved by any act of the principal named in such bond, which act is in violation of Code Section 43-4A-16 43-4A-14 or would be grounds for revocation of a license under Code Section 43-4A-7 or 43-4A-8 this chapter. If more than one athletic department suffers damages by the actions of an athlete agent, each athletic department shall receive a pro rata share of the amount of the bond based on the entitlement of one share of such amount of the bond for each student athlete who loses his or her eligibility to participate in intercollegiate sports contests as a member of a sports team at an institution of higher education as a result of actions of the athlete agent. (b) If any registrant fails to maintain such bond so as to comply with the provisions of this Code section, the registration issued to the athlete agent shall be suspended until such time as a new bond is obtained. An athlete agent whose registration is suspended pursuant to this Code section shall not carry on any business as an athlete agent during the period of suspension."
SECTION 15. Said chapter is further amended by striking Code Section 43-4A-14, relating to failure to maintain surety bond, and inserting in lieu thereof a new Code Section 43-4A-14 to read as follows:
"43-4A-14.

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(a) If any registrant fails to maintain such bond so as to comply with the provisions of Code Section 43-4A-13, the registration issued to the athlete agent shall be suspended until such time as a new bond is obtained. An athlete agent whose registration is suspended pursuant to this Code section shall not carry on business as an athlete agent during the period of suspension An athlete agent shall not, with the intent to induce a student athlete to enter into an agency contract:
(1) Give any materially false or misleading information or make a materially false promise or representation; (2) Furnish anything of value to a student athlete before the student athlete enters into the agency contract; or (3) Furnish anything of value to an individual other than the student athlete or another registered athlete agent. (b) An athlete agent may not intentionally: (1) Initiate contact with a student athlete unless registered under this chapter; (2) Refuse or fail to retain or permit inspection of the records required to be retained by this chapter; (3) Fail to register when required by this chapter; (4) Provide materially false or misleading information in an application for registration or renewal of registration; (5) Predate or postdate an agency contract; or (6) Fail to notify a student athlete before the student athlete signs or otherwise authenticates an agency contract for a particular sport that such signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport."
SECTION 16. Said chapter is further amended by striking Code Section 43-4A-15, relating to registration requirements, and inserting in lieu thereof a new Code Section 43-4A-15 to read as follows:
"43-4A-15. Each registration shall contain the following:
(1) The name of the registrant; (2) A designation of the address of the place in which the registrant is authorized to carry on business as an athlete agent; and (3) The registration number and date of issuance of the registration The commission may assess a civil penalty against an athlete agent not to exceed $25,000.00 for a violation of this chapter."
SECTION 17. Said chapter is further amended by striking Code Section 43-4A-16, relating to signing contract prior to termination of athletes eligibility at institution of higher education, and inserting in lieu thereof a new Code Section 43-4A-16 to read as follows:
"43-4A-16.

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(a)(1) An athlete agent who intends to sign an athlete to an agent contract prior to the termination of the athletes eligibility to participate in intercollegiate sports contests at an institution of higher education shall notify the commission in writing. The Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall provide the name of the athlete and the athletes institution of higher education and the sport or sports in which the athlete competes at such institution of higher education. The commission shall within seven business days notify in writing give notice in a record of the existence of the contract to the athletic director of the educational institution of higher education attended by at which the student athlete, provided that said institution has filed the annual report required by subsection (b) of Code Section 43-4A-4. Except as otherwise provided in this subsection for notification of the athletic director, the notice filed by the athlete agent with the commission shall be confidential information and not a public record. The athlete agent shall not be permitted to sign the athlete to an agent contract until the expiration of 30 days from the date that the commission received notice from the agent of the intention to sign such contract is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll. (2) An athlete agent who signs an athlete to an agent contract prior to the termination of the athletes eligibility to participate in intercollegiate sports contests at an institution of higher education shall provide written notice of the contract to the athletic director of the institution of higher education in which the athlete is enrolled or with which the athlete has signed a national grant-in-aid. The athlete agent must give the notice before the contracting athlete practices or participates in any intercollegiate athletic event or within 72 hours after entering into the contract, whichever comes first. (b) Prior to the signing of an agent contract, an athlete agent shall not compensate any athlete or take any other action in connection with such athlete which may jeopardize such athletes eligibility to participate in intercollegiate sports contests at an institution of higher education Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that he or she has entered into an agency contract. (c) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, such athlete agent shall be liable for damages in the amount of the bond deposited pursuant to Code Section 43-4A-13 to any athletic department for which an athlete participates, which athlete was the subject of the agent contract or consideration or other action resulting in a violation of this Code section. The provisions of this subsection shall apply regardless of whether an athlete loses any eligibility to participate in intercollegiate sports contests at such institution of higher education. (d) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, any agent contract that is negotiated by said athlete agent is void. The

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provisions of this subsection shall apply regardless of whether an athlete loses any eligibility to participate in intercollegiate sports contests at such institution of higher education. (e) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, said athlete agent is subject to forfeiture of any right of repayment of anything of value either received by an athlete as an inducement to enter into any agent contract or received by an athlete before completion of the athletes last intercollegiate sports contest."
SECTION 18. Said chapter is further amended by striking Code Section 43-4A-16.1, relating to agent contract, and inserting in lieu thereof a new Code Section 43-4A-16.1 to read as follows:
"43-4A-16.1. (a) An agent agency contract must be in writing, state the fees and percentages to be paid by the athlete to the athlete agent, and have a notice printed near a record that is signed or otherwise authenticated by the parties. (b) An agency contract must state or contain:
(1) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services; (2) The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract; (3) A description of any expenses that the student athlete agrees to reimburse; (4) A description of the services to be provided to the student athlete; (5) The duration of the contract; and (6) The date of execution. (c) An agency contract must contain, in close proximity to the signature of the student athlete, a conspicuous notice the athletes signature containing the following statement in ten-point boldface type in capital letters stating:
'NOTICE WARNING TO THE STUDENT ATHLETE: WHEN IF YOU SIGN THIS CONTRACT,:
(1) YOU WILL LIKELY IMMEDIATELY MAY LOSE YOUR ELIGIBILITY TO COMPETE IN INTERCOLLEGIATE ATHLETICS. DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ IT AND FILLED IN ANY BLANK SPACES. YOU MAY CANCEL THIS CONTRACT BY NOTIFYING THE ATHLETE AGENT IN WRITING OF YOUR DESIRE TO CANCEL NOT LATER THAN THE FIFTEENTH DAY AFTER THE DATE YOU SIGN THIS CONTRACT. HOWEVER, EVEN IF YOU CANCEL THIS CONTRACT, THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION OR THE CONFERENCE TO WHICH YOUR COLLEGE OR UNIVERSITY BELONGS MAY NOT RESTORE YOUR ELIGIBILITY TO PARTICIPATE IN

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INTERCOLLEGIATE ATHLETICS AS A STUDENT ATHLETE IN YOUR SPORT; (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.' (b) (d) An agent agency contract which that does not meet the requirements of conform to this Code section is void and unenforceable voidable by the student athlete. If a student athlete voids an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract. (c) (e) The athlete agent shall have the right to rescind an agent contract by giving written notice to the athlete agent of the athletes rescission of the contract within 15 days after the date on which the agent signs the contract. The athlete may not under any circumstances waive the athletes right to rescind the agent contract give a record of the signed or otherwise authenticated agency contract to the student athlete at the time of execution. (d) A postdated agent contract is void and unenforceable. (e) An athlete agent shall not enter into an agent contract that purports to take effect or takes effect at a future time after the athlete no longer has remaining eligibility to participate in intercollegiate athletics. Such a contract is void and unenforceable."
SECTION 19. Said chapter is further amended by striking Code Section 43-4A-17, relating to applicability of "Georgia Administrative Procedure Act," and inserting in lieu thereof a new Code Section 43-4A-17 to read as follows:
"43-4A-17. (a) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall be applicable to the commission and the provisions of this chapter A student athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed. (b) A student athlete may not waive the right to cancel an agency contract. (c) If a student athlete cancels an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract."
SECTION 20. Said chapter is further amended by adding a new Code Section 43-4A-18 to read as follows:
"43-4A-18.

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In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it."
SECTION 21. Said chapter is further amended by striking Code Section 43-4A-19, relating to exceptions to applicability of chapter, and inserting in lieu thereof a new Code Section 43-4A-19 to read as follows:
"43-4A-19. (a) This chapter shall not apply to an athlete who has participated for at least one full season as a member of a team which is part of an organized nonscholastic association whether amateur or semiprofessional with respect to such sport nor shall it apply to the owner or coach of such athletes team when representing such athlete. (b) This chapter shall not be applicable to a person or agreement involving an athlete and an amateur athletic team The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or signatures and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act."
SECTION 22. Said chapter is further amended by striking Code Section 43-4A-20, relating to institutions of higher education and relationship to athlete agent, and inserting in lieu thereof a new Code Section 43-4A-20 to read as follows:
"43-4A-20. (a) An educational institution of higher education may bring a civil action for recovery of damages has a right of action against an athlete agent or former student athlete for damages caused by a violation of this chapter. if the institution of higher education is damaged by the acts of the athlete agent or the athlete agents representative or employee in violation of this chapter. Such action shall be brought within four years after the right of action accrues In an action under this Code section, the court may award to the prevailing party costs and reasonable attorneys fees. (b) An Damages to an educational institution of higher education is presumed to be damaged by the acts of an athlete agent or the athlete agents representative or employee if, because of those acts: under subsection (a) of this Code section include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student athlete, the educational institution was injured by a violation of this chapter or was
(1) The institution of higher education is penalized, suspended, or disqualified, or suspended from participation in one or more interscholastic or intercollegiate athletic events by the National Collegiate Athletic Association or by an intercollegiate athletic conference; and athletics by a national association for the promotion and regulation of

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athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization. (2) As a result of said penalty, suspension, or disqualification, the institution of higher education suffers an adverse financial impact due to:
(A) Loss of revenue from media coverage of a sports contract; (B) Loss of the right to grant an athletic scholarship; (C) Loss of the right to recruit an athlete; (D) Loss of the right to participate in a postseason athletic competition; (E) Forfeiture of an athletic contest; or (F) Loss of other discernible opportunities through which the institution would have realized revenue. (c) An institution of higher education that prevails in an action brought under this Code section may recover actual damages, punitive damages, court costs, and reasonable attorneys fees. A right of action under this Code section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student athlete. (d) Any liability of the athlete agent or the former student athlete under this Code section is several and not joint. (e) This chapter does not restrict rights, remedies, or defenses of any person under law or equity."
SECTION 23. Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Athletic and Entertainment Commission, is amended in Code Section 43-4B-1, relating to definitions, by striking paragraph (19) and inserting in lieu thereof a new paragraph (19) and by inserting new paragraphs to be designated paragraphs (11.1) and (11.2) to read as follows:
"(11.1) 'Original purchaser for personal use' means a person who buys one or more tickets with the intention of using the ticket or tickets solely for the use of the purchaser or the purchasers invitees, employees, and agents. An original purchaser who resells more than six tickets to the same athletic contest or entertainment event and who resells tickets to an athletic contest or entertainment event for more than 105 percent of their face value shall be rebuttably presumed to be engaging in the business of a ticket broker in any criminal prosecution or civil action, order, or penalty by the commission. (11.2) 'Pay per view' means a telecast for which a fee is required in addition to any other fee paid by the viewer for any other services of the telecaster." "(19) 'Ticket broker' means:
(A) Any any person who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events held in this state to which the general public is admitted and who charges a premium in excess of the price of the ticket; or

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(B) Any person who has a permanent office or place of business in this state who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events held inside or outside this state to which the general public is admitted and who charges a premium in excess of the price of the ticket. The term ticket broker shall not include the owner, operator, lessee, or tenant of the property in which an athletic contest or entertainment event is being held or the sponsor of such a contest or event or the authorized ticket agent of such persons."
SECTION 24. Said chapter is further amended in said Code Section 43-4B-1, relating to definitions, by striking subparagraph (C) of paragraph (20) and inserting in lieu thereof the following: "(C) Unarmed combat shall not include:
(i) Professional boxing; (ii) Professional wrestling; (iii) Amateur boxing; (iv) Amateur wrestling; (v) Any competition displaying the skills of a single form of an Oriental system of unarmed self-defense, including, but not limited to, kick boxing, karate, or fullcontact karate, which is held pursuant to the rules of that form and governed or authorized by a nationally recognized organization; or (vi) Shidokan when the competition is governed by the United States Shidokan of the World Karate Association; or (vi)(vii) Mixed martial arts fighting when the competition is sanctioned, approved, or endorsed by the International Sport Combat Federation (ISCF), the International Sport Karate/Kickboxing Association (ISKA/MMA Division), or the World Kickboxing Association (WKA/MMA Division)."
SECTION 25. Said chapter is further amended in Code Section 43-4B-4, relating to the authority of the commission relative to boxing, by inserting a new subsection to be designated subsection (l) to read as follows:
"(l) The commission is authorized to receive tax payments in accordance with Code Section 43-4B-20, and to remit such tax payments to the general treasury."
SECTION 26. Said chapter is further amended in Code Section 43-4B-11, relating to licenses for boxers and nonboxing participants, by striking subsection (a) and inserting in lieu thereof the following:
"(a) Prior to participating in a professional match, contest, or exhibition of boxing supervised by the commission, referees, judges, timekeepers, matchmakers, boxers,

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managers, trainers, and each person who assists a boxer immediately before and after a match, contest, or exhibition of boxing and between rounds during a match, contest, or exhibition of boxing shall apply for and be issued licenses. Licenses shall be issued annually and shall expire on December 31 of each calendar year. Each applicant shall make application on a form provided by the commission and pay an annual license fee not to exceed $250.00. Any boxer who has been licensed by the commission during a previous year shall be deemed to be an applicant for a license in any year for which such boxer has entered into a written contract to participate in a professional match, contest, or exhibition of boxing in this state upon the date of entering into such a contract. Any party to such a contract may notify the commission that such a contract has been signed."
SECTION 27. Said chapter is further amended by striking Code Section 43-4B-17, relating to age requirements for boxers, and inserting in lieu thereof the following:
"43-4B-17. (a) No person under the age of 18 years shall participate as a contestant in any professional match, contest, or exhibition of boxing. (b) A primary duty of the commission is ensuring that any person whose health does not permit safely engaging in boxing as a contestant is not licensed as a professional boxer. The General Assembly finds that adequate protection of the health of persons who are 50 years of age or older requires additional precautions by the commission. A person who is 50 years of age or older shall be licensed as a professional boxer and permitted to participate in a professional match, contest, or exhibition of boxing only if such person:
(1) Has participated as a contestant in at least ten professional matches or contests of boxing in the immediately preceding ten years, including at least four professional matches or contests of boxing in the immediately preceding four years; and (2) Is declared medically and physically able to participate as a contestant in a professional match, contest, or exhibition of boxing by a physician who has conducted a more rigorous examination than examinations performed in accordance with this chapter for persons who are younger than 50 years of age. (c) The commission shall promulgate and adopt rules and regulations for the more rigorous examination required by this Code section for persons who are 50 years of age or older."
SECTION 28. Said chapter is further amended by inserting new Code sections to be designated Code Section 43-4B-19, 43-4B-20, and 43-4B-21 to read as follows:
"43-4B-19. (a) Whenever it may appear to the commission that any person is violating or has violated any provision of this article or Article 1 of this chapter and that proceedings would be in the public interest:

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(1) Subject to notice and opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless the right to notice is waived by the person against whom the sanction is imposed, the commission may:
(A) Issue a cease and desist order prohibiting any violation of this article or Article 1 of this chapter; (B) Issue an order against a person who violates this article or Article 1 of this chapter, imposing a civil penalty up to a maximum of $1,000.00 per violation; or (C) Issue an order suspending or revoking the license of the person violating this article or Article 1 of this chapter; or (2) Upon a showing by the commission in any superior court of competent jurisdiction that a person has violated or is about to violate this article or Article 1 of this chapter, a rule promulgated under this article or Article 1 of this chapter, or an order of the commission, the court may enter or grant any or all of the following relief: (A) A temporary restraining order or a temporary or permanent injunction; (B) A civil penalty up to a maximum of $2,000.00 per violation of this article or Article 1 of this chapter; (C) A declaratory judgment; (D) Restitution to any person or persons adversely affected by a defendants action in violation of this article or Article 1 of this chapter; or (E) Other relief as the court deems just or reasonable. (b) Unless the commission determines that a person subject to this article intends to depart quickly from this state or to remove his or her property from this state or to conceal his or her person or property in this state or that there is immediate danger of harm to citizens of this state or another state, the commission shall give notice in writing that such proceedings are contemplated and allow such person a reasonable opportunity to appear before the commission and execute an assurance of voluntary compliance. The determination of the commission under this subsection shall be final and not subject to review. (c) Procedures relating to hearings, notice, counsel, subpoenas, records, enforcement powers, intervention, rules of evidence, decisions, exceptions, review of initial decisions, final decisions, and judicial review of decisions shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless the provisions of such chapter are contrary to the express provisions of this article or Article 1 of this chapter.
43-4B-20. (a) A promoter holding a match shall, within 72 hours after the match, file with the commission a written report which includes the number of tickets sold, the amount of gross receipts, and any other facts the commission may require. For the purposes of this chapter, total gross receipts include:

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(1) The gross price charged for the sale or lease of pay per view telecasting and motion picture rights without any deductions for commissions, brokerage fees, distribution fees, advertising, or other expenses or charges; (2) The face value of all tickets sold and complimentary tickets issued, provided, or given; and (3) The face value of any seat or seating issued, provided, or given in exchange for advertising, sponsorships, or anything of value to the promotion of an event. (b) Where the rights to telecast by pay per view a match or matches held in this state under the supervision of the commission are in whole owned by, sold to, acquired by, or held by any person who intends to or subsequently sells or, in some other manner, extends such rights in part to another, such person is deemed to be a promoter and must be licensed as such in this state. Such person shall, within 72 hours after the sale, transfer, or extension of such rights in whole or in part, file with the commission a written report that includes the gross price charged for the rights to telecast by pay per view, the number of tickets sold, the amount of gross receipts, and any other facts the commission may require. (c) Any written report required to be filed with the commission under this Code section shall be postmarked within 72 hours after the conclusion of the match, and an additional five days shall be allowed for mailing. (d) The written report shall be accompanied by a tax payment in the amount of 5 percent of the total gross receipts exclusive of any federal taxes, except that the tax payment derived from the gross price charged for the sale or lease of pay per view telecasting and motion picture rights shall not exceed $40,000.00 for any single event. (e)(1) Any promoter who willfully makes a false and fraudulent report under this Code section is guilty of perjury and, upon conviction, is subject to punishment as provided by law. Such penalty shall be in addition to any other penalties imposed by this chapter. (2) Any promoter who willfully fails, neglects, or refuses to make a report or to pay the taxes as prescribed or who refuses to allow the commission to examine the books, papers, and records of any promotion is guilty of a misdemeanor. (f) The commission shall remit all tax payments to the general treasury of the state.
43-4B-21. (a) Whenever the Attorney General has reasonable cause to believe that a person is engaged in a violation of this article, the Attorney General may bring a civil action requesting such relief, including a permanent or temporary injunction, restraining order, or other order against such person as the Attorney General determines to be necessary to restrain the person from continuing to engage in, sanction, promote, or otherwise participate in a professional match, contest, or exhibition of boxing in violation of this article.
(b)(1) Any manager, promoter, matchmaker, or licensee who knowingly violates or coerces or causes any other person to violate any provision of this article shall, upon

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conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (2) Any member or employee of the commission or any person who administers or enforces this chapter or rules and regulations promulgated pursuant to this chapter who knowingly violates Code Section 43-4B-14 or Code Section 43-4B-15 shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (3) Any professional boxer who knowingly violates any provision of this article except Code Section 43-4B-15 shall, upon conviction, be fined not more than $1,000.00 for each violation. (4) Any professional boxer who violates the provisions of Code Section 43-4B-15 may be punished by a fine not to exceed $25,000.00 together with a percentage of the purse not to exceed 15 percent for each violation. (c) Unarmed combat, as defined in Code Section 43-4B-1, is a misdemeanor of a high and aggravated nature."
SECTION 29. Said chapter is further amended in Code Section 43-4B-25, relating to authority to resell tickets, by striking subsection (a) and inserting in lieu thereof the following:
"(a) Except as otherwise provided in Code Section 43-4B-29, it shall be unlawful for any person other than a ticket broker licensed in accordance with this article to resell or offer for resale any ticket of admission or other evidence of the right of entry to any athletic contest, concert, theater performance, amusement, exhibition, or other entertainment event to which the general public is admitted for a price in excess of the face value of the ticket. Notwithstanding any other provision of this article to the contrary, a service charge not to exceed $3.00 $6.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business licensed to do business by the municipality or county, where applicable, in which such places of business are located, provided that there are at least two locations in this state at which the public may purchase such tickets or other evidences of the right of entry without paying any service charge, and one of such two locations may be an Internet website and the other location shall be at the facility where the event will be held. Otherwise, such service charge shall not exceed $3.00. Such ticket information shall be included in all advertisement for each such event. Notwithstanding any other provision of this article to the contrary, the owner, operator, lessee, or tenant of the property on which such athletic contest or entertainment event is to be held or is being held or the sponsor of such contest or event may charge or may authorize, in writing, any person to charge a service charge for the sale of such ticket, privilege, or license of admission in addition to the face value of the ticket. Such writing granting authority to another shall specify the amount of the service charge to be charged for the sale of each ticket, privilege, or license of admission."

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SECTION 30. Said chapter is further amended by striking Code Section 43-4B-26, relating to requirements for ticket brokers, and inserting in lieu thereof the following:
"43-4B-26. In order to engage in the practice or business of a ticket broker a person shall be required to:
(1) Maintain a permanent office or place of business in this state, excluding a post office box, for the purpose of engaging in the business of a ticket broker; (2)(1) Apply to the commission for a ticket brokers license on a form designated by the commission, pay an annual license fee of $400.00 $500.00, and renew the license annually; (3)(2) Pay any local tax required by a local government; and (4)(3) Register for sales and use tax purposes pursuant to Article 1 of Chapter 8 of Title 48; and (5) Provide satisfactory evidence to the commission that the ticket broker has posted or has made provision for the posting of a bond. The required bond shall be executed in favor of the state, in the amount of $100,000.00, with a surety company authorized to do business in this state and conditioned to pay damages not to exceed the amount of such bond to any person aggrieved by any act of the principal named in such bond, which act is in violation of this Code section."
SECTION 31. Said chapter is further amended by striking Code Section 43-4B-28, relating to ticket sales, disclosure requirements, restrictions, and refunds, and inserting in lieu thereof the following:
"43-4B-28. (a) The ticket broker shall be required to:
(1) Post at its established place of business Disclose the terms of the purchasers right to cancel the purchase of a ticket from a ticket broker; (2) Disclose to the purchaser the refund policy of the ticket broker should an athletic contest or entertainment event be canceled; and (3) Disclose to the purchaser in writing the difference between the face value of the ticket and the amount which the ticket broker is charging for such ticket; and (4) Sell tickets only at its permanent office or place of business; provided, however, that delivery of one or more tickets after the transaction is completed to a place other than the ticket brokers office or place of business shall not violate this paragraph. (b)(1) A ticket broker shall be prohibited from employing any agent or employee for the purpose of making future purchases of tickets from the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held. (2) Each ticket broker, including any affiliated group of ticket brokers, shall be prohibited from acquiring and reselling in excess of 1 percent of the total tickets allocated for any contest or event.

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(3) Unless otherwise provided in a written agreement between a ticket broker and the purchaser, a ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the purchaser returns the ticket and requests a cancellation of the sale thereof within 36 hours from the time of purchase of the ticket and if such return is made more than 72 hours preceding the athletic contest or entertainment event. (4) A ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the athletic contest or entertainment event is canceled and not rescheduled. (5) If a ticket broker guarantees in writing delivery of a ticket or tickets to an athletic contest or entertainment event as provided under this article to a purchaser and fails to complete such delivery, the ticket broker shall be required to provide within 15 days a full refund of any amount paid by the purchaser and, in addition, shall pay the purchaser a refund fee of three times the amount paid by the purchaser for each such ticket. (c) A ticket broker and its employees, agents, and assigns are criminally prohibited from reselling or offering for resale any ticket within 1,500 feet from the venue where an event or contest is to be held or is being held. (d) Any ticket broker offering to resell tickets to an athletic contest or entertainment event through any printed, broadcast, or Internet advertising shall include in such advertising the license number of such ticket broker offering such tickets for resale."
SECTION 32. Said chapter is further amended in Code Section 43-4B-30, relating to county and municipal ordinances, by inserting a new subsection to be designated subsection (c) to read as follows:
"(c)(1) Municipal corporations and counties in this state are authorized to enact an ordinance requiring an individual reselling tickets or offering tickets for resale in such municipal corporations or in the unincorporated area of such counties to obtain a permit from the municipal corporation or county for such activity if the individual:
(A) Engages in reselling tickets or offering tickets for resale in or on the streets, sidewalks, or other places owned or operated by such municipal corporation or county and open to the public regardless of whether such individual maintains a permanent office or place of business for reselling tickets or offering tickets for resale in this state; or (B) Does not maintain a permanent office or place of business in this state. (2) A municipality or county may charge a fee for such permit not to exceed $150.00. (3) In order to obtain a permit, individuals first must provide proof of licensing under Code Section 43-4B-26 to the municipality or county issuing such permits. (4) The provisions of this Code section shall not apply to an original purchaser for personal use.

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(5) The provisions of this Code section shall not apply to the delivery of one or more tickets after a sales transaction is completed at a ticket brokers permanent office or place of business in this state."
SECTION 33. Said chapter is further amended by striking Article 4, consisting of Code Section 43-4B40, relating to penalties relative to Article 2, which Article 4 reads as follows:
"ARTICLE 4 43-4B-40. (a) Whenever the Attorney General has reasonable cause to believe that a person is engaged in a violation of Article 2 of this chapter, the Attorney General may bring a civil action requesting such relief, including a permanent or temporary injunction, restraining order, or other order against such person as the Attorney General determines to be necessary to restrain the person from continuing to engage in, sanction, promote, or otherwise participate in a professional match, contest, or exhibition of boxing in violation of Article 2 of this chapter.
(b)(1) Any manager, promoter, matchmaker, or licensee who knowingly violates or coerces or causes any other person to violate any provision of Article 2 of this chapter shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (2) Any member or employee of the commission or any person who administers or enforces this chapter or rules and regulations promulgated pursuant to this chapter who knowingly violates Code Section 43-4B-14 or Code Section 43-4B-15 shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (3) Any professional boxer who knowingly violates any provision of this chapter except Code Section 43-4B-15 shall, upon conviction, be fined not more than $1,000.00 for each violation. (4) Any professional boxer who violates the provisions of Code Section 43-4B-15 may be punished by a fine not to exceed $25,000.00 together with a percentage of the purse not to exceed 15 percent for each violation. (c) Unarmed combat, as defined in Code Section 43-4B-1, is a misdemeanor of a high and aggravated nature."
SECTION 34. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 35. All laws and parts of laws in conflict with this Act are repealed.
Senator Kemp of the 46th offered the following amendment #1:
Amend the Senate Judiciary Committee substitute to HB 194 by striking lines 6 through

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29 on page 25 and redesignating Sections 30 through 35 as Sections 29 through 34, respectively.
On the adoption of the amendment, the yeas were 42, nays 0, and the Kemp of the 46th amendment #1 to the committee substitute was adopted.
Senators Hall of the 22nd, Cheeks of the 23rd and Brush of the 24th offered the following amendment #2:
Amend the Committee substitute to HB 194 by striking the words "the International Sport Karate/Kickboxing Association (ISKA/MMA Division)," from lines 2 and 3 on page 21.
On the adoption of the amendment, the yeas were 43, nays 0, and the Hall, et al. amendment #2 to the committee substitute was adopted.
Senators Cheeks of the 23rd, Brush of the 24th and Hall of the 22nd offered the following amendment #3:
Amend the substitute to HB 194 by adding after "chapter;" on line 7 of page 2 the following: "to provide for a prohibition from promotion of certain martial arts for certain persons with certain criminal records;"
By inserting between lines 4 and 5 on page 21 the following:
"SECTION 24.1. Said chapter is further amended by adding a new Code Section 43-4B-2.1 to read as follows:
'43-4B-2.1. (a) No person shall directly or indirectly engage in the practice of being a promoter of kick boxing, Muay Thai, Thai boxing, full-contact karate, or mixed martial arts matches, or be employed or otherwise serve as a manager or organizer for any person or entity engaged in the practice of being a promoter of kick boxing, Muay Thai, Thai boxing, full-contact karate, or mixed martial arts matches, who has been convicted of, has pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a felony under the laws of this state or any offense that, had it occurred within this state, would constitute a felony under the laws of this state. For purposes of this Code section, a conviction shall include but not be limited to adjudication under Article 3 of Chapter 8 of Title 42. (b) No person or entity shall be retained, employed, or otherwise serve as a sanctioning or ranking body or organization for any kick boxing, Muay Thai, Thai boxing, fullcontact karate, or mixed martial arts match promoted, managed, or organized in violation of subsection (a) of this Code section.

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(c) Any violation of this Code section shall constitute a misdemeanor of a high and aggravated nature.'"

On the adoption of the amendment, the yeas were 36, nays 0, and the Cheeks, et al. amendment #3 to the committee substitute was adopted.

Senator Clay of the 37th offered the following amendment #4:

Amend the Committee substitute (LC 29 0991S) to HB 194 by striking on page 4 line 29 "President of the Senate" and inserting in lieu thereof "President Pro Tempore of the Senate"

Senator Clay of the 37th asked unanimous consent that his amendment #4 to the committee substitute be withdrawn. The consent was granted, and the amendment was withdrawn.

On the adoption of the substitute, the yeas were 40, 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 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
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

Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens
Stokes Y Tanksley E Tate Y Thomas,D E 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 by substitute.
The following bill was taken up to consider House action thereto:
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 the Senate adhere to its disagreement to the House substitute and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Golden of the 8th, Lamutt of the 21st and Seabaugh of the 28th.
The following bill was taken up to consider House action thereto:
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.
Senator Lamutt of the 21st asked unanimous consent that the Senate adhere to its substitute and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Golden of the 8th, Lamutt of the 21st and Shafer of the 48th.
The following bill was taken up to consider House action thereto:

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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.
Senator Hall of the 22nd asked unanimous consent that the Senate adhere to its amendment and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Clay of the 37th, Hall of the 22nd and Smith of the 52nd.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to provide for the writing off of small amounts due to institutions under the Board of Regents of the University System of Georgia; to provide for movable personal property of institutions under the Board of Regents of the University System of Georgia; to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, so as to provide that certain revenue of the university system shall not lapse; to provide for related matters; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

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Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, is amended by striking subsection (a) of Code Section 50-16-161, relating to movable personal property, and inserting in lieu thereof the following:
"(a) This part shall apply to movable personal property for all state agencies, authorities, and entities except for those agencies, authorities, and entities provided for in subsection (a) of Code Section 50-16-161.1, which shall be defined as any item which meets the following criteria:
(1) Any item which is basically nonconsumable and nonexpendable in nature, such as motor vehicles, mechanized and nonmechanized equipment, office equipment, appliances, etc.; (2) Any item with an estimated usable life expectancy of three or more years and an item acquisition cost of $1,000.00 or more; or (3) Any item or items which an agency feels should be included in its personal property inventory even though it fails to meet the criteria outlined above."
SECTION 2. Said chapter is further amended by inserting immediately following Code Section 50-16161 a new Code Section 50-16-161.1 to read as follows:
"50-16-161.1 (a) This Code section shall apply to movable personal property for institutions under the Board of Regents of the University System of Georgia, which shall be defined as any item which meets the following criteria:
(1) Any item which is basically nonconsumable and nonexpendable in nature, including, but not limited to, motor vehicles, mechanized and nonmechanized equipment, office equipment, appliances; (2) Any item with an estimated usable life expectancy of three or more years and an item acquisition cost of $3,000.00 or more; or (3) Any item or items which an agency determines should be included in its personal property inventory even though it fails to meet the criteria of paragraph (1) or (2) of this subsection. (b) The Department of Administrative Services shall be authorized to include or exclude items from the inventory as it deems necessary; and the determination shall be binding upon the various departments, boards, bureaus, commissions, institutions, and other agencies of the state government."
SECTION 3. Said chapter is further amended by striking subsection (b) of Code Section 50-16-18, relating to writing off small amounts due to the state, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All state agencies and departments, in order to preserve public funds, are authorized to develop appropriate standards, in conjunction with the Department of Audits and Accounts, which will provide a mechanism to consider administratively

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discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount unless the agency or department belongs to the Board of Regents of the University System of Georgia in which case the obligation or charge in favor of the institution under the Board of Regents of the University System of Georgia may be $3,000.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less, or $3,000.00 or less for the institutions of the Board of Regents of the University System of Georgia, has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the publics financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state auditor in a manner and at such times as are reflected in the standards developed by the state auditor and the state agency or department."
SECTION 4. Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia annotated, relating to the university system, is amended by inserting at the end thereof a new Code Section 20-3-86 to read as follows:
"20-3-86. Revenue collected by any or all institutions in the university system from continuing education fees, technology fees, or indirect cost recoveries shall not lapse."
SECTION 5. This Act shall be repealed in its entirety on June 30, 2006.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Brush of the 24th asked unanimous consent that the Senate disagree to the House substitute to SB 73.
The consent was granted, and the Senate disagreed to the House substitute to SB 73.

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The following bill was taken up to consider House action thereto:
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.
Senator Bulloch of the 11th asked unanimous consent that the Senate adhere to its amendment and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Stephens of the 51st, Bulloch of the 11th and Williams of the 19th.
The following bill was taken up to consider House action thereto:
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.
Senator Shafer of the 48th asked unanimous consent that the Senate adhere to its amendments and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Shafer of the 48th, Hamrick of the 30th and Seabaugh of the 28th.
The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
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 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to make it unlawful to sell such tax executions; to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide for personal service of the notice of foreclosure of the right to redeem property on certain persons; to provide for an affidavit stating the name, address, and method of service for each person served with a notice of foreclosure of the right to redeem property; to change provisions relating to judicial in rem tax foreclosures; to change certain provisions relating to minimum bids at foreclosure sales; to incorporate changes made to Chapter 2 of Title 41; to amend Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales, so as to prohibit the sale of tax executions; 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

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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. (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;

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(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 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;

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(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 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

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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 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

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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 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.

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(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."
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

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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 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

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interested party who fails to answer or appear at the hearing shall be deemed to have waived all further notice in the proceedings."
SECTION 3.1. Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, is amended by striking Code Section 48-3-19, which is reserved, and inserting in its place the following:
"48-3-19. Reserved. No officer whose duty it is to enforce an execution issued for state, county, or municipal property taxes shall be required to make any individual transfers or transfers in lot blocks of such execution or executions, and the sale or transfer of such execution or executions by such officer shall be considered unlawful."
SECTION 4. Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, is amended in Code Section 48-4-45, relating to notice of foreclosure of right to redeem, by striking paragraph (1) of subsection (a) and inserting in lieu thereof the following:
"(1) To be served in accordance with the requirements of Code Section 9-1-4 upon all of the following persons who reside in the county in which the property is located:
(A) The defendant in the execution under or by virtue of which the sale was held; (B) The occupant, if any, of the property; and (C) All persons having of record in the county in which the land is located any right, title, or interest in, or lien upon the property;"
SECTION 5. Said chapter is further amended in Code Section 48-4-46, relating to the form of a notice of foreclosure of the right to redeem, service, time, return and record, and waiver, by inserting a new subsection to be designated subsection (f) to read as follows:
"(f) Within 30 days after the date of service of the last person to be served in accordance with subsection (a) of Code Section 48-4-45, the purchaser at the sale or such purchasers heirs, successors, or assigns shall file for recording in the deed records in each county in which the property is located an affidavit which shall state:
(A) The names and addresses of the persons served with the notice of foreclosure of right to redeem; and (B) The method of service of each person served with the notice of foreclosure of right to redeem. Such affidavit shall include as an attachment a photocopy of the return of service for each person served personally, a copy of the certified mail receipt or envelope marked undeliverable in the case of each notice served by certified mail, and a copy of the newspaper advertisement, if applicable."

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SECTION 6. Said chapter is further 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 7. 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 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 8. Said chapter is further amended by striking subsection (b) of Code Section 48-4-81, relating to minimum bids at foreclosure sales, and inserting in its place a new subsection (b) to read as follows:
"(b) Except as otherwise authorized by law, the minimum bid price for the sale of the property shall be the redemption amount. In the absence of any higher bid, the petitioner may, but shall not be obligated to, tender its own bid in an amount equal to the minimum bid price and thereby become the purchaser at the sale. For purposes of determining the minimum bid price at a sale, the minimum bid price shall be the redemption amount less any portions thereof attributable to a lien imposed pursuant to paragraph (7) of subsection (a) of Code Section 41-2-9. Redemption by an owner in accordance with subsection (c) of this Code section shall require payment of the redemption amount including the amount attributable to a lien imposed pursuant to paragraph (7) of subsection (a) of Code Section 41-2-9."
SECTION 8.1. Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales, is amended by striking Code Section 9-13-36, relating to transfer of execution upon payment, status of transferee, and recording necessary to preserve lien, in its entirety and inserting in its place the following:

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"9-13-36. (a) Except as otherwise provided in subsection (b) of this Code section, whenever Whenever any person other than the person against whom the same has issued pays any execution, issued without the judgment of a court, under any current or future law, the officer whose duty it is to enforce the execution, upon the request of the party paying the same, shall transfer the execution to the party. The transferee shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed before the transfer, provided that the transferee shall have the execution entered on the general execution docket of the superior court of the county in which the same was issued and, if the person against whom the same was issued resides in a different county, also in the county of such persons residence within 30 days from the transfer; in default thereof the execution shall lose its lien upon any property which has been transferred bona fide and for a valuable consideration before the recordation and without notice of the existence of the execution. (b) Subsection (a) of this Code section shall not apply with respect to any execution issued for state, county, or municipal taxes or any execution issued by any tax commissioner, tax receiver, or tax collector."
SECTION 9. This Act shall become effective on July 1, 2003.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Senator Meyer von Bremen of the 12th moved that the Senate disagree to the House substitute to SB 182.
The President ruled that the House substitute was not germane, and pursuant to Senate Rule 153, out of order, the effect of which was that the Senate disagreed to the House substitute to SB 182.
The following bill was taken up to consider House action thereto:
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.

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The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the general powers of the Department of Transportation, so as to permit the acceptance of unsolicited proposals from private entities; to authorize the department to accept and evaluate unsolicited proposals for public-private initiatives; to authorize contracts for public-private initiatives; to provide for definitions; 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 Transportations 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; 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 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, is amended by adding a new Code Section 32-2-78 to read as follows:
"32-2-78. As used in this chapter, the term:
(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. 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. (2) 'Public-private initiative' means a nontraditional arrangement between the department 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. (3) '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.

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(4) '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 department concerning a transportation system project but that is not in response to a formal solicitation or request issued by the department."
SECTION 2. Said chapter is further amended by adding new Code sections to read as follows:
"32-2-79. (a) The department 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 department 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 state transportation improvement program within the department or, if it is similar to a project in the state transportation improvement program, that such project has not been fully funded by the department or any other entity as of the date the proposal is submitted. Unique or innovative features which may be considered by the department 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 department rules or regulations; (2) Is independently originated and developed by the proposer; and
(3)(A) Includes such detail and information as the department 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 department for submission of such proposals. (c) Paragraph (1) of subsection (b) of this Code section shall not be deemed to prohibit the department from encouraging the submission of unsolicited proposals that are welldeveloped and consistent with the departments 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 department shall return the proposal without further action. In taking such action, the department 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 department may further evaluate the proposal pursuant to this Code section.

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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 department 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 department 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 department 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 person who elects to submit a competing proposal for the proposed qualifying project to the department shall submit a written letter of intent to do so by no later than 30 days after the departments initial publication of the notice. Any letter of intent received by the department 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 department 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 department, any such competing proposal shall be submitted to the department by no later than 90 days after the departments initial publication of the notice required by this Code section. Only those competing, compliant proposals submitted by such deadline shall be considered by the department. (g) Upon receipt of a proposal properly submitted in response to the notice described in subsection (e) of this Code section, the department 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 department 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 departments 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;

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(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 department has concluded its evaluation of the unsolicited proposal and any comparable proposals, the department may execute a commitment agreement with the entity submitting the most desirable proposal as determined by the departments evaluation process. Such commitment agreement shall indicate the departments commitment to undertake a public-private initiative to execute the proposal if, after public comment: (1) The department determines that the project is financially feasible and in the public interest; and (2) The department and the proposer can arrive at agreeable terms and conditions, including price of the project. (j) The department may execute a commitment agreement relating to an unsolicited proposal only if: (1) The unsolicited proposal receives a favorable evaluation; and (2) The department 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 department: (1) Should provide public notice that the department 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 department 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 department 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 department shall not disclose either the originality of the research or any proprietary information associated with the proposal as listed by the proposer required by paragraph (3) of subsection (b) of this Code section.

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(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. At all times thereafter, the department 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. (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 department or the departments designee has the authority to make the determination and take the actions required by this Code section. (p) If the department declines to accept an unsolicited proposal but, within a period of two years following the submission of such proposal the department contracts for a substantially similar project, the department shall reimburse the proposer of the 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 department.
32-2-80. (a) If the department follows the evaluation criteria set forth in Code Section 32-1067.1 and if an unsolicited proposal contains all the information required by that Code section and the proposal is accepted by the department as demonstrated by the execution of a commitment agreement, upon completion of the public comment period, the department shall have the authority to contract with the proposer for a publicprivate 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. Such contracts shall be in compliance with all other applicable federal and state laws. Any such agreement shall not become effective unless and until approved by joint resolution of the General Assembly and approved by the Governor. (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 department, 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 department 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 subsection (a) of Code Section 32-2-69, relating to award of contract to lowest reliable bidder, procedure upon rejection of bids,

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receipt of only one bid, error in bidding documents, or release or refusal of acceptance by lowest reliable bidder, in its entirety and inserting in its place the following:
"(a) Except as authorized by Code Sections 32-2-79 and 32-2-80, the The department shall award the contract to the lowest reliable bidder, provided that the department shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, the department may readvertise, perform the work itself, or abandon the project."
SECTION 4. Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended in Code Section 32-9-2, relating to operation by Department of Transportation of facilities or systems and financial assistance to systems, by striking paragraph (3) of subsection (b) and inserting in its place the following:
"(3) The departments participation with state funds in those programs specified in paragraphs (1) and (2) of this subsection may be in either cash, products, or in-kind services. The departments participation with state funds shall be limited to a maximum of 10 15 percent of the cost of the program. The remainder shall be provided from sources other than department funds or from revenues from the operation of public mass transportation systems."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Williams of the 19th asked unanimous consent that the Senate disagree to the House substitute to SB 257.
The consent was granted, and the Senate disagreed to the House substitute to SB 257.
The following bill was taken up to consider House action thereto:
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 House amendment was as follows:
Amend SB 292 by adding after the word "To" on line 1 of page 1 the following:

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"provide for enhanced safety rules in public safety operations; to".
By inserting after the first semicolon on line 4 of page 1 the following: "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; to provide for a penalty;"
By renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:
"SECTION 2. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by inserting a new Code section to be designated Code Section 40-6-16 to read as follows:
'40-6-16. (a) The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:
(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or (2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop. (b) The operator of a motor vehicle approaching a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows: (1) Make a lane change into a lane not adjacent to the towing, recovery, or highway maintenance vehicle if possible in the existing safety and traffic conditions; or (2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop. (c) Violation of subsection (a) or (b) of this Code section shall be punished by a fine of $500.00.'"
The President ruled that the House amendment was not germane, and pursuant to Senate Rule 153, was out of order, the effect of which was that the Senate disagreed to the House amendment to SB 292.

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The following bill was taken up to consider House action thereto:
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.
Senator Johnson of the 1st asked unanimous consent that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HB 43 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Price of the 56th, Stephens of the 51st and Balfour of the 9th.
The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
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 change certain provisions relating to exceptions from the requirements of disclosure of public records; to add certain exceptions from disclosure requirements; 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. 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 the word "and" at the end of paragraph (7), by replacing the period at the end of paragraph (8) with the symbol and word "; and", and by adding a new paragraph (9) to read as follows:
"(9) Meetings when discussing any records that are exempt from public inspection or disclosure pursuant to paragraph (15) 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 said paragraph."
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 lieu thereof a semicolon, and by adding new paragraphs to read as follows:
"(15)(A) Records, the disclosure of which would compromise security against sabotage or criminal or terrorist acts and the nondisclosure of which is necessary for the protection of life, safety, or public property, which shall be limited to the following:
(i) Security plans and vulnerability assessments for any public utility, building, facility, function, or activity in effect at the time of the request for disclosure or pertaining to a plan or assessment in effect at such time; (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 general public knowledge of its details; (iii) Any document relating to the existence, nature, location, or function of security devices designed to protect against terrorist or other attacks, which devices depend for their effectiveness in whole or in part upon a lack of general public knowledge; and (iv) Any plan, blueprint, or other material which if made public could compromise security against sabotage, criminal, or terroristic acts. (B) In the event of litigation challenging nondisclosure pursuant to this paragraph 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. (C) As used in divisions (i) and (iv) of subparagraph (A) of this paragraph, the term 'activity' means deployment or surveillance strategies, actions mandated by changes in the federal threat level, motorcades, contingency plans, proposed or alternative motorcade routes, executive and dignitary protection, officer allocations, planned responses to criminal or terrorist actions, after-action reports still in use, proposed or

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actual plans and responses to bioterrorism, and proposed or actual plans and responses to requesting and receiving the National Pharmacy Stockpile; or
(16) Records of athletic or recreational programs, available through the state or a political subdivision of the state, that include information identifying a child or children 12 years of age or under by name, address, telephone number, or emergency contact, unless such identifying information has been redacted."
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.
Senator Kemp of the 46th asked unanimous consent that the Senate disagree to the House substitute to SB 113.
The consent was granted, and the Senate disagreed to the House substitute to SB 113.
The following bill was taken up to consider House action thereto:
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.
Senator Johnson of the 1st asked unanimous consent that the Senate adhere to its substitute and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Johnson of the 1st, Smith of the 52nd and Golden of the 8th.
The following bill was taken up to consider House action thereto:
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

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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 House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to change certain provisions relating to notification that an organization meets requirements and issuance of certificate of compliance; 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 and its establishment, organization, advisory committee, expenses, and allowances; to provide for an executive director of the Georgia Firefighter Standards and Training Council; to change certain provisions relating to a basic firefighter training course and transfer of certification; to change certain provisions relating to mandatory annual training; 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 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by striking Code Section 25-3-22, relating to notification that an organization meets requirements and issuance of certificate of compliance, and inserting in lieu thereof the following:
"25-3-22. In order for a fire department to be legally organized to operate in the State of Georgia, the chief administrative officer of the fire department shall notify the executive director that the organization meets the minimum requirements specified in Code Section 25-323 and the rules and regulations of the Georgia Firefighter Standards and Training Council to function as a fire department. If the council is satisfied that the fire department meets the minimum requirements contained in Code Section 25-3-23 and the rules and regulations of the Georgia Firefighter Standards and Training Council, he or she shall issue a recommend to the Georgia Firefighter Standards and Training Council that a certificate of compliance be issued by the council to the fire department and. If the council issues such certificate of compliance, the fire department shall be

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authorized to exercise the general and emergency powers set forth in Code Sections 253-1 and 25-3-2."
SECTION 2. Said title is further amended by striking Code Section 25-3-23, relating to general requirements, equipment and clothing, personnel, and insurance relative to fire departments, and inserting in lieu thereof the following:
"25-3-23. (a) Except as otherwise provided in subsection (d) of this Code section, in order to be legally organized:
(1) A fire department shall comply with the following requirements: (A) Be established in accordance with the provisions of the National Fire Protection Association Standard 1201 to provide fire and other emergency and nonemergency services in accordance with standards specified solely by the Georgia Firefighter Standards and Training Council and the applicable local government; (B) Be capable of providing fire protection 24 hours a day, seven days a week 365 days per year; (C) Be responsible for a defined area of operations depicted on a map located at the fire station, which area of operations shall have been approved and designated by the governing authority of the applicable county, municipality, or other political subdivision in the case of any county, municipal, or volunteer fire department; and (D) Be staffed with a sufficient number of qualified firefighters who are full time, part time, or volunteers and who shall have successfully completed an approved basic fire-fighting course conducted by or through the Georgia Fire Academy fulltime, part-time, or volunteer firefighters who have successfully completed basic firefighter training as specified by the Georgia Firefighter Standards and Training Council; and
(2) A fire department shall possess the following items of approved equipment and protective clothing:
(A) A minimum of one fully equipped, operable pumper with a capacity of at least 100 750 GPM at 120 150 PSI and a tank capacity of a minimum of 250 gallons; provided, however, a minimum of one fully equipped, operable, and approved pumper of at least 750 GPM capacity is recommended that previously approved fire apparatus which does not meet such minimum standards may be used in lieu of the minimum required pumper until replaced by the local authority; (B) A minimum of equipment, appliances, adapters, and accessories necessary to perform and carry out the duties and responsibilities of a fire department set forth in Code Sections 25-3-1 and 25-3-2 as approved by the Georgia Firefighter Standards and Training Council; (C) A minimum of two approved self-contained breathing apparatus for each pumping apparatus as approved by the Georgia Firefighter Standards and Training Council; and (D) A minimum issue of sufficient personal protective clothing to permit each member to perform safely the duties of a firefighter.

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(b) A minimum of 15 firefighters for each fire department is recommended; however, departments existing on or before July 1, 1984, shall be exempt from this recommendation. (c)(b) A legally organized fire department shall purchase and maintain sufficient insurance coverage on each member of the fire department to pay claims for injuries sustained en route to, during, and returning from fire calls or other emergencies and disasters and scheduled training sessions. (d)(c) On and after July 1, 1998, the Georgia Firefighter Standards and Training Council shall be authorized, by rules and regulations, to establish and modify minimum requirements for all fire departments operating in this state, provided that such requirements are equal to or exceed the requirements provided in subsections (a), (b), and (c) (a) and (b) of this Code section."
SECTION 3. Said title is further amended by striking Code Section 25-3-25, relating to suspension or revocation of certificate of compliance, and inserting in lieu thereof the following:
"25-3-25. (a) The certificate of compliance issued by the executive director council shall be subject to suspension or revocation by the council at any time he or she it receives satisfactory evidence that:
(1) The fire department is not maintaining sufficient personnel, equipment, or insurance required by Code Section 25-3-23 or the rules and regulations of the Georgia Firefighter Standards and Training Council pursuant to subsection (d) of Code Section 25-3-23; or (b) The chief administrative officer of any fire department aggrieved by a decision of the council under subsection (a) of this Code section may, within 30 days of the date of such decision, request a hearing on the matter before the council. Following a hearing before the council, the chief administrative officer of the fire department affected shall be served with a written decision of the council announcing whether the certificate of compliance shall remain revoked or suspended or whether it shall be reinstated. (c) The council shall not suspend or revoke any certificate of compliance for failure to meet firefighter training requirements when such failure was due to unavailability of required training from or through the Georgia Fire Academy. (d) The council may refer suspensions or revocations to the Attorney General for enforcement. Upon referral from the council, the Attorney General may bring a civil action to enjoin any organization which is not in compliance with the applicable requirements of this chapter from performing any or all firefighting functions until such requirements are met by such organization."
SECTION 4. Said title is further amended by striking Code Section 25-4-2, relating to definitions relative to firefighter standards and training, and inserting in lieu thereof the following:

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"25-4-2. As used in this chapter, the term:
(1) 'Candidate' means a prospective firefighter who has not yet been certified by the council as having met the requirements of this chapter. (2) 'Certified firefighter' or 'state certified firefighter' means any firefighter who has been certified by the council as having met the requirements of this chapter. (2)(3) 'Council' means the Georgia Firefighter Standards and Training Council. (3)(4) 'Firefighter' means any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by any municipal, county, or state government fire department employing three or more firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, and enforcing municipal, county, and state fire prevention codes, as well as enforcing any law pertaining to the prevention and control of fires, or who is employed full time as a public safety officer by any municipal, county, or state government employing three or more public safety officers and who has responsibilities which include preventing and suppressing fires, protecting life and property, and enforcing ordinances and state laws a trained individual who is a full-time employee, part-time employee, or volunteer for a municipal, county, state, or private incorporated fire department and as such has duties of responding to mitigate a variety of emergency and nonemergency situations where life, property, or the environment is at risk, which may include without limitation fire suppression; fire prevention activities; emergency medical services; hazardous materials response and preparedness; technical rescue operations; search and rescue; disaster management and preparedness; community service activities; response to civil disturbances and terrorism incidents; nonemergency functions including training, preplanning, communications, maintenance, and physical conditioning; and other related emergency and nonemergency duties as may be assigned or required; provided, however, that a firefighters assignments may vary based on geographic, climatic, and demographic conditions or other factors including training, experience, and ability. (5) 'Full-time' means employed for compensation on a basis of at least 40 hours per week by any municipal, county, state, or private incorporated fire department. (6) 'Part-time' means employed for compensation on less than a full-time basis by any municipal, county, state, or private incorporated fire department. (7) 'Volunteer' means not employed for compensation by but appointed and regularly enrolled to serve as a firefighter for any municipal, county, state, or private incorporated fire department."
SECTION 5. Said title is further amended by striking Code Section 25-4-3, relating to the Georgia Firefighter Standards and Training Council and its establishment, organization, advisory committee, expenses, and allowances, and inserting in lieu thereof the following:
"25-4-3. (a) The Georgia Firefighter Standards and Training Council is established. The council shall be composed of seven nine members, one of whom shall be the Safety Fire

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Commissioner or the designated representative of the Safety Fire Commissioner. Two members shall be appointed by the Lieutenant Governor. Two members shall be appointed by the Speaker of the House of Representatives. The remaining six members shall be appointed by the Governor subject to the following requirements:
(1) One member shall be a member of the governing authority of a county; (2) One member shall be a member of the governing authority of a municipality; (3) One member shall be a city or county manager; (4) One member shall be the chief of a county or municipal fire department; and (5) Two members shall be state certified firefighter training officers. (b) The members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed at the sole discretion of the Governor. However, the Governor may consider for appointment to the council persons suggested for membership thereon as follows: (1) The Association County Commissioners of Georgia may suggest the names of three persons for each appointment pursuant to paragraph (1) of subsection (a) of this Code section; (2) The Georgia Municipal Association may suggest the names of three persons for each appointment pursuant to paragraph (2) of subsection (a) of this Code section; (3) The Georgia City and County Management Association may suggest the names of three persons for each appointment pursuant to paragraph (3) of subsection (a) of this Code section; (4) The Georgia Association of Fire Chiefs may suggest the names of three persons for each appointment pursuant to paragraph (4) of subsection (a) of this Code section; and (5) The Executive Board of the Georgia State Firemens Association may suggest the names of three persons for each appointment pursuant to paragraph (5) of subsection (a) of this Code section. (c)(1) The first members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed to take office on January 1, 1986. The two members appointed pursuant to paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed for initial terms of one year, the two members appointed pursuant to paragraphs (3) and (4) of subsection (a) of this Code section shall be appointed for initial terms of two years, and the two members appointed pursuant to paragraph (5) of subsection (a) of this Code section shall be appointed for initial terms of three years. Thereafter, successors shall be appointed for terms of three years as the respective terms of office expire. (2) The member appointed by the Lieutenant Governor and the member appointed by the Speaker of the House of Representatives shall each serve for terms concurrent with terms of members of the General Assembly. (3) All members shall serve until their successors are appointed and qualified. In the event of a vacancy in the membership of the council for any reason, including ceasing to hold an office or position required for membership on the council, the Governor shall fill such vacancy for the unexpired term; except that a vacancy in either of those

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members of the council appointed by the Lieutenant Governor or the Speaker of the House of Representatives shall be filled for the remainder of the unexpired term in the same manner as the original appointment. In order for the Governor to consider the names of persons suggested for membership on the council pursuant to subsection (b) of this Code section, such names must be submitted to the Governor by the respective organizations at least 60 days but not more than 90 days prior to the expiration of the respective terms of office or prior to the appointment of the initial members of the council who take office on January 1, 1986. The Governor shall be authorized, but not required, to request the appropriate organization designated in subsection (b) of this Code section to suggest the names of three persons for the Governors consideration in making an appointment to fill a vacancy. (d) At the first regular meeting of the council held in each even-numbered year, the council shall elect a chairman chairperson and such other officers from its own membership as it deems necessary to serve until successors are elected by the council as provided in this subsection. (e) The council may, from time to time, designate an advisory committee of not more than three members to assist and advise the council in carrying out its duties under this chapter. The members of any such advisory committee shall serve at the pleasure of the council. (f) Each member of the council and each member of an advisory committee of the council, in carrying out their official duties, shall be entitled to receive the same expense and mileage allowance authorized for members of professional licensing boards by subsection (f) of Code Section 43-1-2. The funds for such expenses and allowances shall be paid from funds appropriated or available to the Department of Public Safety."
SECTION 6. Said title is further amended by striking Code Section 25-4-7, relating to the Georgia Firefighter Standards and Training Council, and inserting in lieu thereof the following:
"25-4-7. The council is vested with the following functions and powers:
(1) To promulgate rules and regulations for the administration of the council; (2) To provide rules of procedure for its internal management and control; (3) To enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to this chapter; (4) To establish uniform minimum standards for the employment and training of fulltime, part-time, or volunteer firefighters, fire and life safety educators, fire inspectors, and fire investigators, including qualifications and requirements, which are consistent with this chapter; (5) To establish minimum curriculum requirements for schools operated by or for any employing agency for the specific purpose of training firefighter recruits or full-time, part-time, or volunteer firefighters, fire and life safety educators, fire inspectors, and fire investigators;

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(6) To approve institutions and facilities for school operation by or for any employing agency for the specific purpose of training firefighters and firefighter recruits; (7) To make or support studies on any aspect of fire-fighting education and training or recruitment; (8) To make recommendations concerning any matter within its purview; (9) To establish a firefighter recruit training program administered by such agencies and institutions as it approves and to issue or authorize the issuance of a certificate of completion to any person satisfactorily completing the training program To establish basic firefighter training requirements for full-time, part-time, and volunteer firefighters; (10) To issue a certificate of compliance to certify any person satisfactorily complying with the training program established in accordance with paragraph (9) of this Code section and the qualifications for employment covered in this chapter; and (11) To issue, at its discretion, a certificate to any person who has received training in another state, when the council has determined that the training was at least equivalent to that required by the council for approved firefighter education and training programs in this state and when the person has satisfactorily complied with all other requirements of this chapter."
SECTION 7. Said title is further amended by adding a new Code Section 25-4-7.1 to read as follows:
"25-4-7.1. (a) The council shall appoint and establish the compensation of an executive director who shall serve at the pleasure of the council. (b) The executive director may contract for such services and employ such other professional, technical, and clerical personnel as may be necessary and convenient to carry out the purposes of this chapter."
SECTION 8. Said title is further amended by striking Code Section 25-4-9, relating to a basic firefighter training course and transfer of certification, and inserting in lieu thereof the following:
"25-4-9. (a) In addition to complying with the preemployment standards as set forth in Code Section 25-4-8, each and every candidate, within 12 months after being appointed as a full-time paid member of any fire department or fire division of any department of public safety which employs three or more firefighters, shall specifically complete at least a basic training course of 120 hours of instruction. The council shall determine the courses, the number of hours per course, and all matters relative to the basic training course. Upon satisfactory completion of the course, a firefighter shall receive a certificate from the council evidencing his satisfactory completion of the minimum standards of the training program. Full-time, part-time, and volunteer firefighters shall successfully complete a basic training course. The council shall determine the course

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content, number of hours, and all other matters relative to basic firefighter training. Upon satisfactory completion of such basic training, a firefighter shall be issued a certificate of completion evidencing the same. Each firefighter shall be required to successfully complete such basic training course within 12 months after being employed or appointed as a firefighter. (b) A firefighter certified by the council may, upon termination of employment from any fire department and upon agreement with a subsequently employing fire department, transfer such certification to the employing fire department. (c) Notwithstanding the provisions of subsection (b) of this Code section, any local fire department may refuse to accept the transfer of previously acquired certification and may require any newly employed firefighter to complete the basic training course provided for in subsection (a) of this Code section."
SECTION 9. Said title is further amended by striking Code Section 25-4-10, relating to mandatory annual training, and inserting in lieu thereof the following:
"25-4-10. As a condition of tenure or continued employment certification, all firefighters shall train, drill, or study at least 120 clock hours in each calendar year at schools, classes, or courses at the local, area, or state level, as provided specified by the council. Authorized leaves of absence are expected."
SECTION 10. This Act shall become effective on July 1, 2004.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
Senator Mullis of the 53rd asked unanimous consent that the Senate disagree to the House substitute to SB 169.
The consent was granted, and the Senate disagreed to the House substitute to SB 169.
Senator Price of the 56th asked unanimous consent that the following legislation be placed on the Table.
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.

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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.
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.
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.
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.
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.

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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 State Financing and Investment Commission and the Georgia Environmental Facilities Authority; to change certain provisions regarding authorized investments; and for other purposes.
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 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 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.
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.

TUESDAY, APRIL 22, 2003

2681

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 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.
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.
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.
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

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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.
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 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 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 employees of public or nonprofit critical access hospitals in certain state benefits plans; and for other purposes.
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.

TUESDAY, APRIL 22, 2003

2683

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.
SR 431. By Senators Unterman of the 45th, Price of the 56th, Stephens of the 51st and Seabaugh of the 28th:
A RESOLUTION to create the Senate Study Committee on Location of Electric Transmission Lines; and for other purposes.
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.
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.
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 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.
The consent was granted, and the legislation was placed on the Table.
Senator Lee of the 29th asked unanimous consent that the following legislation be placed on the Table:

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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 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.
Senator Butler of the 55th objected to placing HB 45 on the Table and HB 45 was not placed on the Table.
The consent was granted and HB 290 was placed on the Table.
Senator Cheeks of the 23rd asked unanimous consent that the following bill be placed on the Table:
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.
The consent was granted, and HB 626 was placed on the Table.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendments to the following Bills of the House:

TUESDAY, APRIL 22, 2003

2685

HB 95. HB 191. HB 285.

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.
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.
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 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.

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HB 551. HB 579. HB 623. HB 688. HB 795.

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.
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 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.
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 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

TUESDAY, APRIL 22, 2003

2687

authority; to provide for the appointment and terms of office of the members; and for other purposes.

The House has agreed to the Senate substitutes to the following Bills of the House:

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.

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 insurance under a franchise group plan; to provide for definitions; to provide for conversion, portability, and continuation; and for other purposes.

The House has agreed to the Senate amendments to the following Resolutions of the House:

HR 92.

By Representative Bridges of the 7th:

A RESOLUTION compensating Ms. Mavis Blackstock; 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.

The House recedes from its position in substituting the following Resolution of the Senate:

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

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JOURNAL OF THE SENATE

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.
Senator Price of the 56th moved that the Senate adjourn, pursuant to HR 847, until 10:00 a.m., Friday, April 25, 2003; the motion prevailed, and at 10:58 p.m., the President announced the Senate adjourned.

FRIDAY, APRIL 25, 2003

2689

Senate Chamber, Atlanta, Georgia Friday, April 25, 2003
Fortieth 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 389. By Senator Blitch of the 7th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5029), so as to provide for staggered terms of office for members of the board of commissioners; to provide for transition terms of office; to provide for related matters; to provide for the submission of this Act for preclearance; to repeal conflicting laws; 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 Senate Committee on Assignments has had under consideration the appointments made by Governor Barnes in a letter dated January 6, 2003, and has instructed me to report the same back to the Senate with the following recommendations:
Committee Recommendations
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.

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JOURNAL OF THE SENATE

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, 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, as a member 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 Justin A. Pressley of Hall County, as a member 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 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 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 Jessie G. Wright of Muscogee County, as a member 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 Patricia D. McCrory of Fulton County as a member 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.
The Honorable Michael H. Buice of Gwinnett County, as a member 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 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.
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.

FRIDAY, APRIL 25, 2003

2691

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 Michael J. Egan of Fulton County, as a member of the Metropolitan North Georgia Water Planning District Governing Board for the term of office beginning July 1, 2002, and ending June 29, 2005.
The Honorable Edward J. Tarver of Richmond County, as a member 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 Regina Thomas of Chatham County, as a member 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 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, as a member of the State Board of Nursing Home Administrators for the term of office beginning May 22, 2002, and ending December 29, 2003.
The Honorable Henry B. Neill of Spalding County, as a member of the State Board of Nursing Home Administrators for the term of office beginning May 22, 2002, and ending October 26, 2004.
The Honorable Penelope W. Wise of Spalding County, as a member of the State Board of Nursing Home Administrators for the term of office beginning August 23, 2002, and ending June 4, 2005.
The Honorable Joseph John Reed of Hall County, as a member of the State Board of Dispensing Opticians for the term beginning May 22, 2002, and ending March 16, 2004.
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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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 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 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 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 Edgar L. Rhodes of Haralson County, as a member 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 as a member 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 Ben J. Tarbutton, Jr., of Washington County, as a member 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 Cheryl S. Moultrie of Cobb County, as a member 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 Richard W. Harrell of Fulton County, as a member of the Georgia Public Telecommunications Commission for the term of office beginning July 1, 2002, and ending June 30, 2005.
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 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.

FRIDAY, APRIL 25, 2003

2693

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 Billy R. Smith of Bleckley County, as a member of the Workforce Investment Board for the term of office beginning October 22, 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, 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 November 15, 2002, and ending July 1, 2005.
The Honorable Glenn E. Hicks III, of Gwinnett 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 November 15, 2002, and ending July 1, 2005.

Respectfully submitted,

Mr. President:

/s/ Senator Johnson of the 1st 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 245 HB 248 HB 451 HB 693 HB 694 HB 728 HB 802 HB 804 HB 837 HB 848 HB 856

Do Pass Do Pass Do Pass by Substitute Do Pass Do Pass Do Pass Do Pass Do Pass by Substitute Do Pass Do Pass Do Pass as Amended

HB 929 HB 942 HB 948 HB 967 HB 979 HB 982 HB 983 HB 988 HB 991 HB 996 HB 997

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

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HB 857 HB 888 HB 890 HB 912

Do Pass as Amended Do Pass Do Pass Do Pass

HB 998 HB 1000 SB 387 SB 388

Do Pass Do Pass Do Pass Do Pass

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

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

Harbison Harp Hill Hooks Hudgens Jackson Kemp,B Lamutt Lee Levetan 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:

Clay Johnson Tate

Hamrick Kemp, R.

Henson Meyer von Bremen

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

Senators:

Meyer von Bremen Tate

The members pledged allegiance to the flag.

Senator Starr of the 44th served as the chaplain of the day, and offered prayer.

FRIDAY, APRIL 25, 2003

2695

Senator Kemp of the 3rd introduced the family of Officer Melvin Earl Collins, commended by HR 856.
The following resolutions were read and adopted:
SR 498. By Senator Kemp of the 46th:
A RESOLUTION commending Brian Christopher David Ruff; and for other purposes.
SR 499. By Senators Johnson of the 1st, Price of the 56th and Meyer von Bremen of the 12th:
A RESOLUTION commending the Senate Interns for the 2003 Regular Session; and for other purposes.
SR 500. By Senators Johnson of the 1st, Price of the 56th and Meyer von Bremen of the 12th:
A RESOLUTION commending the Sergeant at Arms and Doorkeepers for the 2003 Regular Session; and for other purposes.
SR 501. By Senators Johnson of the 1st, Price of the 56th and Meyer von Bremen of the 12th:
A RESOLUTION commending the 2003 Senate Aides for their service; and for other purposes.
SR 502. By Senator Hill of the 4th:
A RESOLUTION commending Sarah McClain Badger; and for other purposes.
SR 503. By Senator Hill of the 4th:
A RESOLUTION commending Robert Donaldson; and for other purposes.
SR 504. By Senator Hill of the 4th:
A RESOLUTION commending Constance Jones; and for other purposes.

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JOURNAL OF THE SENATE

SR 505. By Senator Hill of the 4th:
A RESOLUTION commending the Pinewood Christian Academy Girls' Basketball Team; and for other purposes.
SR 506. By Senator Hill of the 4th:
A RESOLUTION commending the Pinewood Christian Academy Softball Team; and for other purposes.
SR 507. By Senators Meyer von Bremen of the 12th and Hooks of the 14th:
A RESOLUTION commending Mary Joyce "Connie" Meier; and for other purposes.
SR 509. By Senators Butler of the 55th and Henson of the 41st:
A RESOLUTION recognizing and commending Alfred Fowler; and for other purposes.
SR 510. By Senators Starr of the 44th and Gillis of the 20th:
A RESOLUTION commending Maurice and Beutelle Boatwright; and for other purposes.
SR 511. By Senator Dean of the 31st:
A RESOLUTION recognizing and commending Paulding County High School; and for other purposes.
SR 512. By Senator Dean of the 31st:
A RESOLUTION commending the City of Buchanan on its new municipal building; and for other purposes.
SR 513. By Senator Dean of the 31st:
A RESOLUTION commending the Paulding County High School Ovation Chorus; and for other purposes.
SR 514. By Senator Thomas of the 10th:
A RESOLUTION commending Jeremy Lamarr Brown; and for other purposes.

FRIDAY, APRIL 25, 2003

2697

SR 515. By Senator Thomas of the 10th:
A RESOLUTION honoring Mrs. Narvie Jordan Harris; and for other purposes.
SR 516. By Senators Brush of the 24th, Seabaugh of the 28th, Lee of the 29th and Crotts of the 17th:
A RESOLUTION recognizing and commending Ms. Wanda Stuckey for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 517. By Senators Johnson of the 1st, Price of the 56th, Meyer von Bremen of the 12th, Kemp of the 3rd, Thomas of the 2nd and Hill of the 4th:
A RESOLUTION expressing regret at the loss of soldiers from Fort Stewart; and for other purposes.
SR 518. By Senator Dean of the 31st:
A RESOLUTION recognizing and expressing congratulations to the City of Bowdon and the citizens of the town on the occasion of the town's 150th anniversary; and for other purposes.
SR 519. By Senator Meyer von Bremen of the 12th:
A RESOLUTION commending Marion P. "Dutch" Owens; and for other purposes.
SR 520. By Senator Seabaugh of the 28th:
A RESOLUTION commending Jordan Lytton on becoming an Eagle Scout; and for other purposes.
SR 521. By Senator Jackson of the 50th:
A RESOLUTION recognizing the week of May 4, 2003, as National Correctional Officers and Employees Week and commending correctional officers and employees for their efforts in making Georgia a better and safer place to live; and for other purposes.
SR 522. By Senator Mullis of the 53rd:
A RESOLUTION recognizing the 150th anniversary of the creation of Catoosa

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County; and for other purposes.
SR 523. By Senator Mullis of the 53rd:
A RESOLUTION commending the Gordon Lee Memorial High School Trojan football team; and for other purposes.
SR 524. By Senator Mullis of the 53rd:
A RESOLUTION commending the Gordon Lee High School Marching Band; and for other purposes.
SR 525. By Senator Tolleson of the 18th:
A RESOLUTION commending Melinda "Molly" Laughlin; and for other purposes.
SR 526. By Senator Dean of the 31st:
A RESOLUTION commending the Haralson County Historical Society; and for other purposes.
SR 527. By Senators Gillis of the 20th, Butler of the 55th, Starr of the 44th and Harbison of the 15th:
A RESOLUTION commending Mr. L. W. Taylor, Jr.; and for other purposes.
SR 528. By Senator Crotts of the 17th:
A RESOLUTION commending Salem United Methodist Church on the occasion of its 179th anniversary; and for other purposes.
SR 529. By Senator Unterman of the 45th:
A RESOLUTION commending, congratulating, and saluting Eddie Daves, Rob Low, Stoney Polite, Steve Robinson, and Tommy Rutledge; and for other purposes.
SR 530. By Senator Unterman of the 45th:
A RESOLUTION commending, congratulating, and saluting Jeff Duvall; and for other purposes.

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SR 531. By Senator Unterman of the 45th:
A RESOLUTION commending, congratulating, and saluting Jim Egan; and for other purposes.
SR 532. By Senator Unterman of the 45th:
A RESOLUTION commending, congratulating, and saluting Tommy Cannon; and for other purposes.
SR 533. By Senator Unterman of the 45th:
A RESOLUTION commending, congratulating, and saluting Steve Gosa; and for other purposes.
SR 534. By Senator Unterman of the 45th:
A RESOLUTION commending, congratulating, and saluting Stanley Brown; and for other purposes.
SR 535. By Senator Unterman of the 45th:
A RESOLUTION commending, congratulating, and saluting Crescent Resources; and for other purposes.
SR 536. By Senator Unterman of the 45th:
A RESOLUTION commending, congratulating, and saluting Rachel Parkinson; and for other purposes.
SR 537. By Senator Unterman of the 45th:
A RESOLUTION commending, congratulating, and saluting Ione Wilson; and for other purposes.
SR 538. By Senator Unterman of the 45th:
A RESOLUTION commending, congratulating, and saluting Karen Prescott; and for other purposes.
SR 539. By Senator Unterman of the 45th:
A RESOLUTION commending, congratulating, and saluting J. T. Wood; and

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for other purposes.
SR 540. By Senator Unterman of the 45th:
A RESOLUTION commending, congratulating, and saluting Jimmy Rogers; and for other purposes.
SR 541. By Senator Unterman of the 45th:
A RESOLUTION commending, congratulating, and saluting Newells Recycling of Atlanta; and for other purposes.
SR 542. By Senator Unterman of the 45th:
A RESOLUTION commending, congratulating, and saluting Shirley Paden; and for other purposes.
SR 543. By Senator Unterman of the 45th:
A RESOLUTION commending, congratulating, and saluting Gwinnett County Fire and Emergency Services and their members; and for other purposes.
SR 544. By Senator Unterman of the 45th:
A RESOLUTION commending, congratulating, and saluting Gwinnett County Fire and Emergency Services and their members; and for other purposes.
SR 545. By Senator Unterman of the 45th:
A RESOLUTION commending, congratulating, and saluting Gwinnett County Fire and Emergency Services and their members; and for other purposes.
SR 546. By Senator Unterman of the 45th:
A RESOLUTION commending, congratulating, and saluting Gwinnett County Fire and Emergency Services and their members; and for other purposes.
SR 547. By Senator Unterman of the 45th:
A RESOLUTION commending, congratulating, and saluting Gwinnett County Fire and Emergency Services and their members; and for other purposes.

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SR 548. By Senator Unterman of the 45th:

A RESOLUTION commending, congratulating, and saluting Gwinnett County Fire and Emergency Services and their members; and for other purposes.

SR 549. By Senator Unterman of the 45th:

A RESOLUTION commending, congratulating, and saluting Gwinnett County Fire and Emergency Services and their members; and for other purposes.

SR 550. By Senator Unterman of the 45th:

A RESOLUTION commending, congratulating, and saluting Gwinnett County Fire and Emergency Services and their members; and for other purposes.

SR 551. By Senator Unterman of the 45th:

A RESOLUTION commending, congratulating, and saluting Gwinnett County Fire and Emergency Services and their members; 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

Friday, April 25, 2003 Fortieth Legislative Day

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

SB 387

Hall of the 22nd Cheeks of the 23rd RICHMOND COUNTY

A BILL to be entitled an Act to provide that future elections for the office of probate judge of Richmond 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.

2702 SB 388
HB 245 HB 248 HB 451

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Lee of the 29th HARALSON, CITY OF
A BILL to be entitled an Act to provide a new charter for the City of Haralson; 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, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Crotts of the 17th Smith of the 25th PUTNAM COUNTY BOARD OF EDUCATION
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.
Crotts of the 17th Smith of the 25th PUTNAM COUNTY BOARD OF COMMISSIONERS
A BILL to amend an Act creating the board of commissioners for Putnam County, as so to change the description of the commissioner districts; and for other purposes.
Moody of the 27th Unterman of the 45th Shafer of the 48th Cagle of the 49th FORSYTH COUNTY
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. (SUBSTITUTE)

HB 693 HB 694 HB 728 HB 802 HB 804

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Lamutt of the 21st Clay of the 37th KENNESAW, CITY OF
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.
Dean of the 31st Clay of the 37th Thomas of the 54th CARTERSVILLE BUILDING AUTHORITY
A BILL to create the Cartersville Building Authority as a public corporation and an instrumentality of the State of Georgia; and for other purposes.
Hill of the 4th Cheeks of the 23rd STATESBORO, DOWNTOWN DEVELOPMENT AUTHORITY
A BILL to amend an Act to create the Downtown Statesboro Development Authority, so as to change the boundaries of the territory embraced within the Downtown Statesboro Development Authority District; and for other purposes.
Hill of the 4th EFFINGHAM COUNTY
A BILL to provide that future elections for the office of probate judge of Effingham County shall be nonpartisan elections; and for other purposes.
Johnson of the 1st Kemp of the 3rd LIBERTY COUNTY
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. (SUBSTITUTE)

2704 HB 837
HB 848 HB 856 HB 857 HB 888

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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 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.
Hill of the 4th Cheeks of the 23rd BULLOCH COUNTY
A BILL to provide that future elections for the office of chief magistrate of Bulloch County shall be nonpartisan elections; and for other purposes.
Crotts of the 17th HAMPTON, CITY OF
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. (AMENDMENT)
Crotts of the 17th HAMPTON, CITY OF; PUBLIC FACILITIES AUTHORITY
A BILL to create the City of Hampton Public Facilities Authority; and for other purposes. (AMENDMENT)
Brush of the 24th Hudgens of the 47th MCDUFFIE COUNTY
A BILL to provide that future elections for the office of probate

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2705

judge of McDuffie County shall be nonpartisan elections; and for other purposes.

HB 890

Seabaugh of the 28th Seay of the 34th TYRONE, TOWN OF

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.

HB 912

Meyer von Bremen of the 12th MORGAN, CITY OF

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

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

HB 929

Moody of the 27th Tanksley of the 32nd Reed of the 35th Zamarripa of the 36th Tate of the 38th Fort of the 39th Levetan of the 40th Price of the 56th FULTON COUNTY

A BILL 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; and for other purposes.

Pursuant to Senate Rule 113, Senator Fort of the 39th filed the following objection:

As provided in Senate Rule 113, we, the undersigned Senators, hereby file an objection to HB 929 which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar.

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/s/ Fort of the 39th /s/ Reed of the 35th /s/ Zamarripa of the 36th Date: April 25, 2003

Pursuant to Senate Rule 113, HB 929 was placed on the Senate Local Contested Calendar for today.

HB 942

Thomas of the 10th Tanksley of the 32nd Reed of the 35th Zamarripa of the 36th Tate of the 38th Fort of the 39th Levetan of the 40th Adelman of the 42nd ATLANTA, CITY OF

A BILL to amend an Act providing a new charter for the City of Atlanta, so as to provide for additional penalties in the municipal court; to provide for the collection and distribution of penalties; to provide for use of funds for victims and witnesses assistance programs; and for other purposes.

HB 948

Cagle of the 49th JEFFERSON, CITY OF

A BILL to amend an Act establishing a public school system in the City of Jefferson, so as to require the governing authority of that city to levy the tax certified for such system and grant the board of education of such system the power to issue obligations for such system; and for other purposes.

HB 967

Unterman of the 45th Shafer of the 48th BUFORD, CITY OF

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

HB 979

Crotts of the 17th Brush of the 24th Smith of the 25th

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Brown of the 26th Lee of the 29th JONES COUNTY

A BILL to amend an Act creating a Board of Commissioners of Jones County, so as to reapportion the commissioner districts; and for other purposes.

HB 982

Collins of the 6th Lamutt of the 21st Tanksley of the 32nd Clay of the 37th Thompson of the 33rd Tate of the 38th COBB COUNTY

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 clerk of the probate court; and for other purposes.

Pursuant to Senate Rule 113, Senator Thompson of the 33rd filed the following objection:

As provided in Senate Rule 113, we, the undersigned Senators, hereby file an objection to HB 982 which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar.

/s/ Thompson of the 33rd /s/ Tate of the 38th /s/ Dean of the 31st Date: April 25, 2003

Pursuant to Senate Rule 113, HB 982 was placed on the Senate Local Contested Calendar for today.

HB 983

Cagle of the 49th Jackson of the 50th GAINESVILLE, CITY OF

A BILL to amend an Act creating a new charter for the City of Gainesville, so as to revise the districts for the election of members of the board of education; and for other purposes.

2708 HB 988 HB 991 HB 996 HB 997
HB 998

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Harp of the 16th Tolleson of the 18th Brown of the 26th MACON WATER AUTHORITY
A BILL to amend an Act known as the "Macon Water Authority Act," so as to provide that the authority shall be a political subdivision of the state and an instrumentality of Bibb County; and for other purposes.
Smith of the 25th COVINGTON, CITY OF
A BILL to amend an Act providing a new charter for the City of Covington, so as to change the corporate limits of said city and provide for referendum approval; to provide that the referendum shall be conducted by the election superintendent of Newton County with the costs paid by the City of Covington from city funds; and for other purposes.
Gillis of the 20th JOHNSON COUNTY
A BILL to amend an Act creating the board of commissioners of Johnson County, so as to stagger the terms of said board; and for other purposes.
Hamrick of the 30th Dean of the 31st Thompson of the 33rd Reed of the 35th DOUGLASVILLE, CITY OF
A BILL to provide authority for the City of Douglasville to expend public funds to include a specific nonbinding referendum as a question on the ballot; to provide that such question shall relate to the regulation of smoking in public places; to provide for approval of the question by the governing authority; and for other purposes.
Bulloch of the 11th Bowen of the 13th COLQUITT COUNTY

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2709

A BILL to amend an Act making provisions for the Magistrate Court of Colquitt County, so as to change the manner of selecting the chief magistrate; to provide for nonpartisan elections held at the time of certain November general elections; and for other purposes.

HB 1000

Johnson of the 1st Thomas of the 2nd CHATHAM COUNTY HOSPITAL AUTHORITY

A BILL to amend an Act providing for the manner of appointment of members of the board of the Chatham County Hospital Authority, so as to provide for the appointment, terms, and number of members of the board of the Chatham County Hospital Authority; to provide for appointment of members of the Chatham County Commissioner to the board; to provide for the election of a chairman of the board; and for other purposes.

The substitutes and amendments to the following bills were put upon their adoption:

*HB 451:

The State and Local Governmental Operations Committee offered the following substitute to HB 451:
A BILL TO BE ENTITLED AN ACT

To amend an Act entitled "An Act to make provisions for the Magistrate Court of Forsyth County," approved March 15, 1984 (Ga. L. 1984, p. 4293), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4848), so as to provide qualifications, election, and terms of the chief magistrate; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act entitled "An Act to make provisions for the Magistrate Court of Forsyth County," approved March 15, 1984 (Ga. L. 1984, p. 4293), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4848), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following:
"SECTION 1. Effective January 1, 2009, no person shall be chief magistrate of the Magistrate Court of Forsyth County unless, at the time of his or her election, he or she has attained the age of

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30 years, has been a citizen of the State of Georgia for at least three years, has been an active member in good standing of the State Bar of Georgia for at least three years, has practiced law or served as a magistrate for seven years, and has been duly reinstated to the practice of law in the event of his or her disbarment therefrom. At the state-wide nonpartisan election conducted in 2008 and every four years thereafter, the chief magistrate of Forsyth County shall be nominated and elected by the qualified voters of Forsyth County in a nonpartisan election. Persons elected to such office shall take office the first day of January immediately following such election and shall serve for a term of office of four years and until the election and qualification of their respective successors. The procedures for such nonpartisan primary and election shall be as provided in Code Section 21-2-139 of the O.C.G.A. Except as otherwise provided in this Act, the primary and election shall be governed by Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"
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 substitute was adopted.
*HB 804:
The State and Local Governmental Operations Committee offered the following substitute to HB 804:
A BILL TO BE ENTITLED AN ACT
To amend an Act creating the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, so as to provide for an additional fee for each civil action filed; to provide that such fee shall be used for a certain purpose; 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 Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, is amended by inserting immediately following paragraph (39) a new paragraph to read as follows:
"(39A)(a) The clerk of the state court shall collect an additional fee to be known as a 'technology fee' for each civil action filed in said court. The amount of said fee shall be not less than $3.00 nor more than $5.00 per filing. Such fees shall be used exclusively to provide for the technological needs of said court, including, without limitation, computer hardware and software purchases; lease, maintenance, and installation of computer hardware and software; and the purchase, lease, maintenance, and installation

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2711

of imaging, scanning, facsimile, communications, projection, and printing equipment and software. (b) The fees collected pursuant to subsection (a) of this section shall be deposited into a technology fund administered by the clerk of said court. Such funds shall be segregated and shall be expended by said clerk only for the purposes authorized in this section. The clerk shall collaborate with the judges of said court to ensure the effective implementation of this subsection. At the end of each calendar year, the clerk shall provide a detailed report of all income and expenditures of the fund to the judges of said court and to the governing authority of Liberty County."
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 substitute was adopted.
*HB 856:
The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend HB 856 by adding after the semicolon on line 3 of page 1 the following: "to provide instead for a prohibition with respect to persons who are voting members of boards, commissions, and authorities;".
By striking all matter on line 13 of page 1 and inserting in lieu thereof the following: "'(b) No person who is a voting member of any board, commission, or authority shall hold any elective office in the City.'"
On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.
*HB 857:
The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend HB 857 by adding after the word "five" on line 8 of page 2 the word "voting".
By adding after the end of line 17 of page 2 the following: "None of the five voting members shall hold elective office in the City of Hampton. However, in addition to the five voting members, the City of Hampton may provide

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by resolution or ordinance for one or more nonvoting members of the authority who
may hold elective office in the City of Hampton and the selection and term of service of any such nonvoting members."

On the adoption of the amendment, the yeas were 44, nays 0, and the amendment 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:

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

Y Harbison Y Harp Y Henson Y Hill Y Hooks
Hudgens Y Jackson
Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan C Me V Bremen Y Moody Y 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 C Thomas,D Y 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 44, nays 0.

The bills on the Local Consent Calendar, except HB 451, HB 804, HB 856, HB 857, HB 982 and HB 929, having received the requisite constitutional majority, were passed.

HB 451 and HB 804, having received the requisite constitutional majority, were passed by substitute.

HB 856 and HB 857, having received the requisite constitutional majority, were passed as amended.

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2713

HB 982 and HB 929, having been objected to, were placed on the Local Contested Calendar.

The following local, contested legislation, favorably reported by the committee, was put upon its passage:
SENATE LOCAL CONTESTED BILLS

Friday, April 25, 2003 Fortieth Legislative Day

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

HB 929

Moody of the 27th Tanksley of the 32nd Reed of the 35th Zamarripa of the 36th Tate of the 38th Fort of the 39th Levetan of the 40th Price of the 56th FULTON COUNTY

A BILL 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; 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
Blitch Y Bowen N Brown Y Brush
Bulloch N Butler Y Cagle Y Cheeks

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

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

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

Y Lamutt Y Lee Y Levetan C Me V Bremen Y Moody Y Mullis Y Price
Reed Y Seabaugh

C Thomas,D N Thomas,N N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa

On the local legislation, the yeas were 30, nays 19.

The legislation, having failed to receive the requisite two-thirds constitutional majority required to pass a homestead exemption, was lost.

HB 982

Collins of the 6th Lamutt of the 21st Tanksley of the 32nd Clay of the 37th Thompson of the 33rd Tate of the 38th COBB COUNTY

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 clerk of the probate court; 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
Blitch Y Bowen Y Brown Y Brush
Bulloch Y Butler Y Cagle

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

Y Seay Y Shafer Y Smith,F Y Smith,P
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 C Me V Bremen
Moody Y Mullis Y Price
Reed Y Seabaugh

Tate C Thomas,D Y 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, having received the requisite constitutional majority, was passed.

Senator Kemp of the 46th introduced Brian Ruff, participant in the 2003 Special Olympics, commended by SR 498, adopted previously. Mr. Ruff addressed the Senate briefly.

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

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate:

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 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.

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

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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.

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 amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

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.

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

FRIDAY, APRIL 25, 2003

2717

HB 1004. By Representatives Williams of the 4th, Brock of the 5th and Forster of the 3rd, Post 1:

A BILL to create the Northwest Georgia Trade & Convention Center Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation, to have the responsibility and authority to promote tourism, conventions, and trade shows in Dalton and Whitfield County; and for other purposes.

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

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.

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.

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.

2718 SB 308. SB 331. SB 368. SB 373.
SB 374.
SB 381.

JOURNAL OF THE SENATE
By Senator Dean of the 31st:
A BILL to be entitled an Act to amend an Act creating the Joint Cartersville-Bartow 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.
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 residential property; to provide for applicability; to repeal conflicting laws; and for other purposes.
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.
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.
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 vacancies; to provide for certain submissions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By Senator Meyer von Bremen of the 12th:
A BILL to be entitled an Act to provide for the holding of a nonbinding

FRIDAY, APRIL 25, 2003

2719

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

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 terms of office; to repeal conflicting laws; and for other purposes.

SB 383. By Senators Lee of the 29th, Harp of the 16th and Hooks of the 14th:

A BILL to be entitled an Act to create a board of elections and registration for Meriwether 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; to provide for the qualification, terms, and removal of members; 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 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.

The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate:

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

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JOURNAL OF THE SENATE

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.

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

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.

Senator Tolleson of the 18th 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 the reading of former Governor Roy Barnes' appointments found in the Journal of January 14, 2003, be dispensed with and that one roll call suffice in considering the appointments which were reported by the Committee on Assignments, unless there were any objections.

There were no objections and the appointments reported by the Committee on Assignments, which are as follows, were put upon their confirmation:

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 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, 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, as a member of the Brain and Spinal Injury Trust Fund Commission for the term of office beginning December 4, 2002, and ending December 4, 2005.

FRIDAY, APRIL 25, 2003

2721

The Honorable Justin A. Pressley of Hall County, as a member 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 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 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 Jessie G. Wright of Muscogee County, as a member 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 Patricia D. McCrory of Fulton County as a member 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.
The Honorable Michael H. Buice of Gwinnett County, as a member 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 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.
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 Michael J. Egan of Fulton County, as a member of the Metropolitan North Georgia Water Planning District Governing Board for the term of office beginning July 1, 2002, and ending June 29, 2005.

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JOURNAL OF THE SENATE

The Honorable Edward J. Tarver of Richmond County, as a member 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 Regina Thomas of Chatham County, as a member 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 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, as a member of the State Board of Nursing Home Administrators for the term of office beginning May 22, 2002, and ending December 29, 2003.
The Honorable Henry B. Neill of Spalding County, as a member of the State Board of Nursing Home Administrators for the term of office beginning May 22, 2002, and ending October 26, 2004.
The Honorable Penelope W. Wise of Spalding County, as a member of the State Board of Nursing Home Administrators for the term of office beginning August 23, 2002, and ending June 4, 2005.
The Honorable Joseph John Reed of Hall County, as a member of the State Board of Dispensing Opticians for the term beginning May 22, 2002, and ending March 16, 2004.
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.
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 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 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.

FRIDAY, APRIL 25, 2003

2723

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 Edgar L. Rhodes of Haralson County, as a member 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 as a member 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 Ben J. Tarbutton, Jr., of Washington County, as a member 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 Cheryl S. Moultrie of Cobb County, as a member 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 Richard W. Harrell of Fulton County, as a member of the Georgia Public Telecommunications Commission for the term of office beginning July 1, 2002, and ending June 30, 2005.
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 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 Billy R. Smith of Bleckley County, as a member of the Workforce Investment Board for the term of office beginning October 22, 2002, and serving at the pleasure of the Governor.

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JOURNAL OF THE SENATE

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, 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 November 15, 2002, and ending July 1, 2005.

The Honorable Glenn E. Hicks III, of Gwinnett 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 November 15, 2002, and ending July 1, 2005.

On the motion a roll call was ordered 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 Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B E Kemp,R Y Lamutt Y Lee Y Levetan C 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 motion, the yeas were 53, nays 0, and the selected appointments were confirmed.

The following communication was received by the Secretary:

Mr. Frank Eldridge Secretary of the Senate

The State Senate Atlanta, Georgia 30334
April 25, 2003

FRIDAY, APRIL 25, 2003

2725

State Capitol Atlanta, Georgia 30334

Dear Mr. Secretary:

Would you please see that the following letter appears in the Journal of today's proceedings. Please acknowledge receipt and disposition of this communication.

Thank you.

Sincerely,

/s/ Steve Thompson Senate District 33

April 25, 2003

We, the undersigned, would like to have this letter placed in the Journal and be recorded that we would have voted YES on the confirmation of Ms. Pamela James Doumar to the State Ethics Commission.

/s/ Thompson of the 33rd /s/ Cheeks of the 23rd /s/ Hall of the 22nd /s/ Seay of the 34th /s/ Bowen of the 13th /s/ Smith of the 25th /s/ Butler of the 55th /s/ Thomas of the 10th /s/ Henson of the 41st /s/ Tate of the 38th /s/ Stokes of the 43rd /s/ Golden of the 8th /s/ Jackson of the 50th /s/ Levetan of the 40th

/s/ Fort of the 39th /s/ Reed of the 35th /s/ Zamarripa of the 36th /s/ Hooks of the 14th /s/ Starr of the 44th /s/ Harbison of the 15th /s/ Gillis of the 20th /s/ Dean of the 31st /s/ Kemp of the 3rd /s/ Brown of the 26th /s/ Adelman of the 42nd /s/ Blitch of the 7th /s/ Squires of the 5th /s/ Thomas of the 2nd /s/ Meyer von Bremen of the 12th

Senator Dean of the 31st asked unanimous consent that the following resolution, Tabled on April 22, 2003, be taken from the Table.

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:

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JOURNAL OF THE SENATE

A RESOLUTION designating the Judge Jim Weeks Intersection; and for other purposes.
Senate Sponsor: Senator Williams of the 19th.
The consent was granted, and HR 591 was taken from the Table.
The following resolution was taken up to consider House action thereto:
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 House substitute was as follows:
A RESOLUTION
Creating the Unemployment Insurance Trust Fund Joint Study Committee; and for other purposes.
WHEREAS, it is among the purposes of the laws of this state which require the setting aside of employment reserves to be used for the benefit of persons unemployed through no fault of their own to promote the public good and general welfare by the systematic accumulation of funds during periods of employment thus maintaining purchasing power and limiting serious social consequences; and
WHEREAS, there is a need to review such laws to determine whether any reform, revision, or modernization of such laws is necessary and appropriate under current economic conditions so as to improve the accessibility and effectiveness of this states unemployment insurance program.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Unemployment Insurance Trust Fund Joint Study Committee to be composed of 13 members as follows: three members of the House of Representatives appointed by the Speaker of the House of Representatives; three members of the Senate appointed by the Senate Committee on Assignments; three members of the general public appointed by the Governor; three members of the general public appointed by the Commissioner of Labor; and the Commissioner of Labor as an ex officio member. The Speaker and the Senate Committee on Assignments shall each designate one of such members as cochairperson. The cochairpersons shall call all meetings of the committee.

FRIDAY, APRIL 25, 2003

2727

BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. Members of the committee who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the committee, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the committee in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives and the Senate. The expenses and allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2003. The committee shall stand abolished on December 31, 2003.
Senator Lamutt of the 21st offered the following amendment #1:
Amend the House substitute to SR 234 by inserting before line 1 of page 1 the following:
"PART I".
By inserting at the bottom of page 2 the following:
"PART II
Creating the Subsequent Injury Trust Fund Joint Study Committee; and for other purposes.
WHEREAS, the Subsequent Injury Trust Fund was created to encourage employment of handicapped persons by providing employers relief from excess liability for compensation when injury to a handicapped employee merges with a preexisting permanent impairment; and

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WHEREAS, in light of the federal Americans with Disabilities Act, questions have been raised as to whether or not the Subsequent Injury Trust Fund should cease to exist; and
WHEREAS, the incentive of the Subsequent Injury Trust Fund may now be vitiated by the requirement under the Americans with Disabilities Act that failure to hire the handicapped is an illegal action; and
WHEREAS, a major policy determination is necessary as to the continued usefulness and viability of the fund.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Subsequent Injury Trust Fund Joint Study Committee to be composed of 12 members as follows: three members of the House of Representatives appointed by the Chairperson of the House Industrial Relations Committee; three members of the Senate appointed by the Senate Committee on Assignments; three members appointed by the Speaker of the House of Representatives representing the insurance industry, organized labor, and the business community; and three members appointed by the Senate Committee on Assignments representing the legal profession, self-insured employers, and the general public. The Speaker of the House of Representatives shall designate a member of the House and the Senate Committee on Assignments shall designate a member of the Senate who shall serve as chairperson of the committee. The committee shall meet at the call of the co-chairpersons.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2003. The committee shall stand abolished on December 1, 2003."
Senator Lamutt of the 21st asked unanimous consent to withdraw his amendment #1. The consent was granted and the amendment was withdrawn.

FRIDAY, APRIL 25, 2003

2729

Senator Lamutt of the 21st offered the following amendment #2:
Amend the House substitute to SR 234 by inserting before line 1 of page 1 the following:
"PART I".
By inserting at the bottom of page 2 the following:
"PART II
Creating the Subsequent Injury Trust Fund Joint Study Committee; and for other purposes.
WHEREAS, the Subsequent Injury Trust Fund was created to encourage employment of handicapped persons by providing employers relief from excess liability for compensation when injury to a handicapped employee merges with a preexisting permanent impairment; and
WHEREAS, a major policy determination is necessary to determine the usefulness and viability of the fund.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Subsequent Injury Trust Fund Joint Study Committee to be composed of 12 members as follows: three members of the House of Representatives appointed by the Chairperson of the House Industrial Relations Committee; three members of the Senate appointed by the Senate Committee on Assignments; three members appointed by the Speaker of the House of Representatives representing the insurance industry, organized labor, and the business community; and three members appointed by the Senate Committee on Assignments representing the legal profession, self-insured employers, and the general public. The Speaker of the House of Representatives shall designate a member of the House and the Senate Committee on Assignments shall designate a member of the Senate who shall serve as chairperson of the committee. The committee shall meet at the call of the co-chairpersons.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. The

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members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2003. The committee shall stand abolished on December 1, 2003."

Senator Lamutt of the 21st moved that the Senate agree to the House substitute to SR 234 as amended by the Senate.

On the motion, a roll call was taken and the vote was as follows:

Adelman 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 C Golden Y Hall Y Hamrick

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

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

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 234 as amended by the Senate.

The following resolution was taken up to consider House action thereto:

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

FRIDAY, APRIL 25, 2003

2731

commissions membership, powers, duties, mission, compensation, and expenses; to provide for related matters; and for other purposes.
The House substitute was as follows:
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.
WHEREAS, it is the expressed will of the General Assembly to address the serious problems faced by victims, law enforcement, and prosecutors on the occurrence of sexual assault; and
WHEREAS, occurrences of sexual assault continue to escalate against women and men with long lasting detrimental effects on the victim, his or her family, and the community; and
WHEREAS, the Criminal Justice Coordinating Council has found that victims of sexual assault may often receive incomplete or no information regarding their rights as victims; and
WHEREAS, the local investigating law enforcement agencies bear the cost of investigation, often challenged by limited funding, resource options, and training; and
WHEREAS, the absence of physical evidence often hampers prosecution efforts; and
WHEREAS, nonprofit organizations currently play an essential and active role in the support of criminal investigations and prosecution of sexual assault offenses and provide educational resources to medical professions and law enforcement on issues related to sexual offenses throughout Georgia; and
WHEREAS, the current economic circumstances demand coordination of funding, investigation, and education efforts on state and local levels to maximize resources available to respond to sexual assault offenses; and
WHEREAS, an opportunity should be provided for public debate and consideration of options for improving the response to sexual assault offenses in Georgia; to make specific recommendations for improving education, training, victim care, investigation, and prosecution; to develop benchmarks for assessing progress toward such goals; to consider whether a state sponsored program of Sexual Assault Nurse Examiners can be

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implemented; and to consider what measures can be taken to ensure a better response to sexual assault offenses in Georgia in the future.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses to be composed of 15 members, as follows: two members appointed by the Governor, three members of the Senate to be appointed by the Lieutenant Governor, three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, the director of the Georgia Bureau of Investigation or his or her designee, the director of the Georgia Public Safety Training Center or his or her designee, the director of the Prosecuting Attorneys Council of Georgia or his or her designee, the commissioner of the Department of Community Health or his or her designee, the director of the Criminal Justice Coordinating Council or his or her designee, the President of the Georgia Board of Nursing or his or her designee, and the director of the Georgia Network to End Sexual Assault or his or her designee. If an elected or appointed public officer leaves office, a vacancy shall be created in such position on the commission. Such a vacancy and any other vacancy shall be filled in the same manner as the initial designation or appointment. The Lieutenant Governor and the Speaker of the House of Representatives shall each designate a member of the commission to serve as cochairpersons of the commission. The commission shall meet at the call of the cochairpersons.
BE IT FURTHER RESOLVED that in addition to normal legislative support services, the commission shall make use of staff support services provided by the Department of Community Health.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the commission deems necessary or appropriate. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8, but shall receive the same for not more than five days unless additional days are authorized. The members of the commission who are not legislative members and who are not public employees shall receive no compensation for their services on the commission, but they shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21. The members of the commission who are public employees shall receive no compensation for their services on the commission but may be reimbursed for expenses by their respective employers. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or otherwise available to the Senate and House of Representatives. The commission shall publish a written report on its progress on or before December 1,

FRIDAY, APRIL 25, 2003

2733

2003, for the 2004 session of the General Assembly and shall include any recommendations of any actions or legislation which the commission deems necessary or appropriate. This commission shall stand abolished on July 1, 2004.

Senator Thomas of the 10th moved that the Senate agree to the House substitute to SR 35.

On the motion, a roll call was taken, and the vote was as follows:

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

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

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

On the motion, the yeas were 26, nays 17; the motion lost, and the Senate did not agree to the House substitute to SR 35.

The following bill was taken up to consider House action thereto:

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 House substitute was as follows:

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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 provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, is amended by striking paragraph (1) of subsection (d) and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) With respect to contracts providing for flexible considerations, the minimum nonforfeiture amount at any time at or prior to the commencement of any annuity payments shall be equal to an accumulation up to such time at a rate of interest of 3 1 1/2 percent per annum of percentages of the net considerations as defined in paragraph (2) of this subsection paid prior to such time, decreased by the sum of any prior withdrawals from or partial surrenders of the contract accumulated at a rate of interest of 3 1 1/2 percent per annum and the amount of any indebtedness to the company on the contract, including interest due and accrued, and increased by an existing additional amount credited by the company to the contract; provided that, on July 1, 2005, the rates of interest provided for in this paragraph shall increase from 1 1/2 percent per annum to 3 percent per annum and provided further that nothing in this paragraph shall impair or alter the provisions of any annuity contract in existence on the effective date of this Act;".

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 Lamutt of the 21st moved that the Senate agree to the House substitute to SB 166.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour

Harbison Y Harp

Y Seay Y Shafer

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

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

Y Smith,F C Smith,P Y 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 Y Zamarripa

On the motion, the yeas were 42, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 166.

The following bill was taken up to consider House action thereto:

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 House amendment was as follows:

Amend SB 233 by inserting on line 15 of page 2 immediately after the word and symbol "employer," the words "upon order of the board".

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Senator Lamutt of the 21st moved that the Senate agree to the House amendment to SB 233.

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

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

Y Seay Y Shafer Y Smith,F C 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
Unterman Y Williams Y Zamarripa

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 233.

The following bill was taken up to consider House action thereto:

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 House amendment was as follows:

Amend SB 87 by striking lines 1 through 5 of page 1 and inserting in lieu thereof the following:

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"To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as provide a short title; to provide a statement of constitutional authority and intent; to provide for exemption from taxation; to define certain terms; to create in each county and municipal corporation a public safety and judicial facilities authority; to provide for activation in certain circumstances; to provide for joint authorities; to provide for the appointment and terms of members of the board of directors; to provide for officers, compensation, the adoption of bylaws and regulations, and delegation of powers; to provide for a quorum and majority vote; to provide for powers of the authority; to provide for obligations of the authority, the use of proceeds, the status as revenue obligations, subsequent series of bonds or notes, bond anticipation notes, and interest rates; to provide for validation; to provide that indebtedness of the authority shall not constitute indebtedness of the state or any political subdivision of the state; to provide for construction; to change the definition of 'undertaking' with regard to revenue bonds; to remove the referendum requirement with respect to revenue certificates issued for gas generation and distribution systems; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes."
By striking lines 8 through 10 of page 1 and inserting in lieu thereof the following: "Said title is further amended by striking division (4)(C)(iv) of Code Section 36-82-61, relating to definitions regarding Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' and inserting in lieu thereof a new division (4)(C)(iv) to read as follows:"
By redesignating Sections 1, 2, and 3 as Sections 2, 3, and 4, respectively.
By inserting after line 6 of page 1 the following:
"SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by inserting immediately following Chapter 74 a new chapter to read as follows:
'CHAPTER 75 36-75-1. This Act shall be known and may be cited as the "War on Terrorism Local Assistance Act."
36-75-2. This chapter is enacted pursuant to authority granted to the General Assembly by the Constitution of Georgia. Each authority created by this chapter is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of each such authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and that the authority is an institution of purely public

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charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons, the state covenants the holders of the bonds issued under this chapter that such authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others; or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise; and that the bonds of such authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this Code section shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.
36-75-3. As used in this chapter, the term:
(1) "Authority" means each public corporation created pursuant to this chapter. (2) "Cost of project" means all costs of site preparation and other start-up costs; all costs of construction; all costs of real and personal property required for the purposes of the project and facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, fees, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates, and all machinery and equipment, including motor vehicles which are used for project functions; financing charges and interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing of the project in operation; costs of engineering, architectural, and legal services; cost of plans and specifications and all expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized in this chapter. The costs of any project may also include funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority for the operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under this chapter for such project. (3) "County" means any county of this state or a governmental entity formed by the consolidation of a county and one or more municipal corporations. (4) "Detention facilities" means facilities used or to be used for the incarceration of adult and juvenile offenders and juveniles subject to the jurisdiction of the juvenile court and administration and support structures for such facilities.

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(5) "Governing body" means the elected or duly appointed officials constituting the governing body of each county and municipal corporation in the state. (6) "Judicial facilities" means facilities used or to be used for the administration of justice and related activities, including all adult and juvenile courts, prosecutorial and public defender services, and their respective administrative and support structures. (7) "Municipal corporation" means any incorporated municipality in this state. (8) "Project" means the acquisition, construction, equipping, operation, maintenance, and repairing of county or municipal corporation judicial, detention, or public safety facilities. (9) "Public safety facilities" means facilities used or to be used by or in direct support of management and operation of homeland security, police, fire, rescue, and emergency medical services.
36-75-4. (a) There is created in and for each county and municipal corporation in this state a public body corporate and politic, to be known as the "public safety and judicial facilities authority" of such county. No authority shall transact any business or exercise any powers under this chapter until the governing body of the county or municipal corporation, as the case may be, by proper ordinance or resolution, declares that there is a need for an authority to function in the county or municipal corporation and declares that such jurisdiction is at the time of such ordinance or resolution imposing a sales tax levied for the purposes of a metropolitan area system of public transportation. (b) Any number of counties or municipal corporations or a combination of counties and municipal corporations may jointly form an authority, to be known as the "joint public safety and judicial facilities authority" for such counties or municipal corporations or both. No authority shall transact any business or exercise any powers under this chapter until the governing authority of each county and municipal corporation involved declare, by ordinance or resolution, that there is a need for an authority to function and declare that such jurisdiction is at the time of such ordinance or resolution imposing a sales tax levied for the purposes of a metropolitan area system of public transportation and until the governing authority of each county and municipal corporation approves an agreement with the other counties or municipal corporations for the activation of an authority and such agreement is executed. (c) A copy of such ordinances, resolutions, and agreements shall be filed with the Secretary of State, who shall maintain a record of all authorities activated under this chapter.
36-75-5. Control and management of the authority shall be vested in a board of directors whose members shall be residents of the county or municipal corporation, as applicable. Directors shall be appointed, and may be reappointed, for terms of four years. The resolution or ordinance activating the authority shall state the number of directors and the appointing authority for each. No member of the governing authority of a county or

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municipal corporation that activates an authority is eligible to be appointed as a director while serving a term of office as a member of the governing authority of such county or municipal corporation. The directors shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may be a director. The directors shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties. The directors may make bylaws and regulations for the governing of the authority and may delegate to one or more of the officers, agents, and employees of the authority such powers and duties as may be deemed necessary and proper.
36-75-6. A majority of the directors shall constitute a quorum for the transaction of business of the authority. However, any action with respect to any project of the authority must be approved by the affirmative vote of a majority of the directors.
36-75-7. Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, but without limiting the generality of the foregoing, the power:
(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To acquire, construct, improve, or modify, to place into operation, and to operate or cause to be placed into operation, either as owner of all or of any part in common with others, a project or projects within the political subdivision in which the authority is activated and within other political subdivisions, and to pay all or part of the cost of any such project or projects from the proceeds of revenue bonds of the authority or from any contribution or loans by persons, firms, or corporations or any other contribution, all of which the authority is authorized to receive, accept, and use; (4) To acquire, in its own name, by purchase on such terms and conditions and in such manner as it may deem proper or by gift, grant, lease, or otherwise, real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes, which purposes shall include, but shall not be limited to, the constructing or acquiring of a project, the improving, extending, adding to, reconstructing, renovating, or remodeling of any project or part thereof already constructed or acquired, or demolition to make room for such project or any part thereof, and to insure the same against any and all risks as such insurance may, from time to time, be available; the authority may also use such property, rent or lease the same to or from others, make contracts with respect to the use thereof, or sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner which the authority deems to the best advantage of itself and its purposes; provided, however, that the powers to acquire, use, and dispose of property as set forth in this paragraph shall include the power to acquire, use, and

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dispose of any interest in such property, whether divided or undivided, which acquisition may result in the ownership of such property or any part thereof in common with any other party or parties, public or private; and title to any such property of the authority, however, shall be held by the authority exclusively for the benefit of the public; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be acquired or constructed; provided that all private persons, firms, and corporations, this state, and all political subdivisions, departments, instrumentalities, or agencies of the state or of local government are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to counties and municipal corporations and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of project activities and facilities or either of them by the authority to such political subdivisions and by such political subdivisions to the authority for a term not exceeding 50 years; (6) To exercise any one or more of the powers, rights, and privileges conferred by this Code section either alone or jointly or in common with one or more other public or private parties or public and private parties; in any such exercise of such powers, rights, and privileges jointly or in common with others with respect to the construction, operation, and maintenance of project facilities, the authority may own an undivided interest in such facilities with any other party with which it may jointly or in common exercise the rights and privileges conferred by this chapter; the authority may enter into an agreement or agreements with respect to any such project facility with the other party or parties participating therein; any such agreement may contain such terms, conditions, and provisions, consistent with this chapter, as the parties thereto shall deem to be in their best interests; any such agreement may include, but need not be limited to, provisions for the construction, operation, and maintenance of such project facility by any one or more party of the parties to such agreement, which party or parties shall be designated in or pursuant to such agreement as agent or agents on behalf of itself and one or more of the other parties thereto, or by such other means as may be determined by the parties thereto, and may include provisions for a method or methods of determining and allocating, among or between the parties, costs of construction, operation, maintenance, renewals, replacements, improvements, and disposals with respect to such facility; in carrying out its functions and activities as such agent with respect to construction, operation, and maintenance of such a facility, such agent shall be governed by the laws and regulations applicable to such agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating parties; provided, however, the agent shall act for the benefit of the public; notwithstanding anything contained in any other law to the contrary, pursuant to the terms of any such agreement, the authority may delegate its powers and duties with respect to the construction, operation, and

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maintenance of such facility to the party acting as agent; and all actions taken by such agent in accordance with the provisions of such agreement may be binding upon the authority without further action or approval of the authority; (7) To extend credit or make loans to any person, firm, corporation, or other industrial entity for the planning, design, construction, acquisition, or carrying out of any project, which credit or loans shall be secured by loan agreements, mortgages, security agreements, contracts, and all other instruments or fees or charges, upon such terms and conditions as the authority shall determine reasonable in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds, and in the exercise of powers granted by this Code section in connection with a project for such person, firm, corporation, or other industrial entity, to require the inclusion in any contract, loan agreement, security agreement, or other instrument of such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project as the authority may deem necessary or desirable; (8) To acquire, accept, or retain equitable interests, security interests, or other interest in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority; (9) To accept, receive, and administer gifts, grants, appropriations, and donations of money, materials, and property of any kind, including loans and grants from the United States of America, this state, or a unit of local government or any of their agencies, departments, authorities, or instrumentalities upon such terms and conditions as the United States of America, this state, or a unit of local government or any of their agencies, departments, authorities, or instrumentalities shall impose; to administer trusts; and to sell, lease, transfer, convey, appropriate, and pledge any and all of its property and assets; (10) To invest any accumulation of its funds in any fund or reserve in any manner that public funds of this state or its political subdivisions may be invested; (11) To do any and all things necessary or proper for the accomplishment of the objectives of this chapter and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state, including the power to employ professional and administrative staff and personnel and to retain legal, engineering, fiscal, accounting, and other professional services; the power to purchase all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property; the power to borrow money for any of the corporate purposes of the authority; the power to indemnify and hold harmless any parties contracting with the authority or its agents from damage to persons or property; and the power to act as self-insurer with respect to any loss or liability; provided, however, that obligations of the authority other than revenue bonds, for which provision is made in this chapter,

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shall be payable from the general funds of the authority and shall not be a charge against any special fund allocated to the payment of revenue bonds; (12) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the authority; (13) To borrow money and issue its revenue bonds and bond anticipation notes from time to time and to use the proceeds thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to, or improving such project, or for the purpose of refunding any such bonds of the authority theretofore issued; and to otherwise carry out the purposes of this chapter and to pay all other costs of the authority incident to, or necessary and appropriate to, such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes, provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in Code Section 36-63-9; provided, however, that the maximum aggregate amount of bonds issued shall be $50 million; and (14) As security for repayment of authority obligations, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of such authority and to execute any trust agreement, indenture, or security agreement containing any provisions not in conflict with law, which trust agreement, indenture, or security agreement may provide for foreclosure or forced sale of any property of the authority upon default on such obligations either in payment of principal or interest or in the performance of any term or condition contained in such agreement or indenture; this state, on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein waives any right which it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority so mortgaged or encumbered, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof.
36-75-8. (a) Subject to the limitations and procedures provided by this Code section, the obligations of any authority evidenced by bonds, bond anticipation notes, trust indentures, deeds to secure obligations, security agreements, or mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of directors of the authority. The authority, in such instruments, may provide for the pledging of all or any part of its revenues, income, or charges and for the mortgaging, encumbering, or conveying of all or any part of its real or personal property; may covenant against pledging any or all of its revenues, income, or charges; and may further provide for the disposition of proceeds realized from the sale of any bonds and bond anticipation notes, for the replacement of lost, destroyed, stolen, or mutilated bonds and notes, and for the payment and redemption of such bonds and notes. Similarly, subject to the limitations and procedures of this Code section, undertakings of an authority may prescribe the procedure by which bondholders and

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noteholders may enforce rights against the authority and provide for rights upon breach of any covenant, condition, or obligation of the authority. Bonds, resolutions, trust indentures, mortgages, or deeds to secure obligations executed by an authority and bond anticipation notes executed by an authority may contain such provisions not otherwise contrary to law as the authority shall deem necessary or desirable. (b) The proceeds derived from the sale of all bonds and bond anticipation notes issued by an authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this chapter, all or part of the cost of any project, including the cost of extending, financing, adding to, or improving such project, or for the purpose of refunding any bond anticipation notes issued in accordance with this chapter or refunding any previously issued bonds of the authority. (c) All bonds and bond anticipation notes issued by an authority shall be revenue obligations of such authority and may be made payable out of any revenues or other receipts, funds, or moneys of the authority, subject only to any agreements with the holders of other bonds or bond anticipation notes or to particular security agreements pledging any particular revenues, receipts, funds, or moneys. (d) Issuance by an authority of one or more series of bonds or bond anticipation notes for one or more purposes shall not preclude it from issuing other bonds or notes in connection with the same project or with any other projects, but the proceeding wherein any subsequent bonds or bond anticipation notes shall be issued shall recognize and protect any prior pledge or mortgage made in any prior security agreement or made for any prior issue of bonds or bond anticipation notes, unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds or bond anticipation notes on a parity with such prior issue. (e) An authority shall have the power and is authorized, whenever revenue bonds of the authority have been validated as provided in this chapter, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any such resolution or resolutions; and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued. (f) The interest rate on or rates to be borne by any bonds, notes, or other obligations issued by the authority shall be fixed by the board of directors of the authority. Any

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limitations with respect to interest rates found in Article 3 of Chapter 82 of this title or in the usury laws of this state shall not apply to obligations issued under this chapter. (g) All revenue bonds issued by an authority under this chapter shall be issued and validated under and in accordance with Article 3 of Chapter 82 of this title, except as provided in subsection (f) of this Code section and except as specifically set forth below in this subsection:
(1) Revenue bonds issued by an authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide; (2) Revenue bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the judicial circuit in which the issuing authority is located may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state; and (3) In lieu of specifying the rate or rates of interest which revenue bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General and the notice to the public of the time, place, and date of the validation hearing may state that the bonds, when issued, will bear interest at a rate not exceeding a maximum per annum rate of interest specified in such notices or, in the event the bonds are to bear different rates of interest for different maturity dates, that none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained in this paragraph shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices.
36-75-9. No bonds or other obligations of and no indebtedness incurred by any authority shall constitute an indebtedness or obligation of the State of Georgia or of any county, municipal corporation, or political subdivision thereof, nor shall any act of any authority in any manner constitute or result in the creation of an indebtedness of this state or of any such county, municipal corporation, or political subdivision. All such bonds and obligations shall be payable solely from the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insurance proceeds, and condemnation awards; and no holder or holders of any such bonds or obligations shall ever have the right to compel any exercise of the taxing power of this state or of any county, municipal corporation, or political subdivision thereof, nor to enforce the payment thereof against any property of the state or of any such county, municipal corporation, or political subdivision.

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36-75-10. This chapter shall be liberally construed to effect the purposes hereof. Sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the "Georgia Securities Law," or any other law. No proceeding or publication not required in this chapter shall be necessary to the performance of any act authorized in this chapter, nor shall any such act be subject to referendum.'"

Senator Lee of the 29th moved that the Senate agree to the House amendment to SB 87.

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

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

Y Seay Y Shafer Y Smith,F C 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 motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 87.

The following resolution was taken up to consider House action thereto:

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.

The House substitute was as follows:

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A RESOLUTION
Designating certain transportation facilities; and for other purposes.
PART I
WHEREAS, Honorable Robert F. Ray, Representative, 108th District, was elected over 20 years ago in 1982 to the Georgia State House of Representatives and has served in this capacity since that time; and
WHEREAS, Robert F. Ray has spent most of his life in public service through various community and civic groups as well as having served for eight years as county commissioner and two years on the board of education in his home county of Crawford; and
WHEREAS, Robert F. Ray also served with distinction as assistant commissioner of agriculture; and
WHEREAS, Robert F. Ray has also served Peach County as a member of the Peach County Farm Bureau, the Peach County Chamber of Commerce, and the Fort Valley Kiwanis Club; and
WHEREAS, Robert F. Ray has always, through his public service and community involvement, shown support and given outstanding service to Georgia and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that SR 247 from its interchange with I-75 and westward to its intersection with SR 49 is designated as the Robert Ray Parkway in honor of this distinguished public servant.
PART II
WHEREAS, Fred Emory Smith was a Georgia resident, graduating from Monticello High School, and in 1938, graduating from the University of Georgia, where he was a member of the Pi Kappa Phi fraternity; and
WHEREAS, he was a supervisor at the Naval Ordnance Plant in Macon during World War II and taught agriculture courses to veterans immediately following World War II; and
WHEREAS, he raised beef cows and took pride in being a farmer; and

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WHEREAS, for 38 years, he was a teacher and principal in the State of Georgia, primarily in Jasper County, and was the principal of Monticello Primary School at the time of integration of schools; and
WHEREAS, in 1967, he was appointed Lieutenant Colonel, Aide de Camp, Governors Staff, by Governor Lester Maddox; and
WHEREAS, he served on the Jasper County Board of Family and Children Services from 1967 through 1969; and
WHEREAS, he was a member of the Monticello First United Methodist Church and the Methodist Mens Club, and taught youth Sunday School classes for many years; and
WHEREAS, he was a Cub Scout Master for several years in addition to working with the Boy Scouts; and
WHEREAS, he was well-loved by the citizens of Jasper County; and
WHEREAS, the State of Georgia lost a distinguished citizen with the passing of Fred Emory Smith on September 28, 1993; and
WHEREAS, it is only fitting and proper that his memory be honored by this state and in the community in which he lived.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the bridge over Murder Creek on State Route 16 in Jasper County is designated the Fred Emory Smith Memorial Bridge.
PART III
WHEREAS, on November 2, 2002, the State of Georgia lost one of its finest and most distinguished citizens with the tragic passing of the Honorable J. Max Davis; and
WHEREAS, he served with unparalleled ability as a member of the House of Representatives for 22 years; and
WHEREAS, this dynamic and powerful public servant faithfully represented the citizens of DeKalb County with great distinction, dedication, and ability; and
WHEREAS, his consistently thorough consideration of the issues presented to this deliberative body and his integrity and reliability rightfully earned him the honor, respect, and trust of his colleagues over the years and were recognized by the leadership of this body and properly reflected in his committee responsibilities which included serving as a

FRIDAY, APRIL 25, 2003

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member of the House Committee on Game, Fish, and Parks, the House Committee on Judiciary, and the House Committee on Rules; and
WHEREAS, in his legislative committee assignments, he consistently demonstrated a solid commitment to the careful study of sensitive issues and proposed solutions and quickly developed a reputation as an equitable, impartial leader whose decisions were governed by the rules of honesty and fair play; and
WHEREAS, he exhibited the level of political activism and unselfish leadership ideally expected of public trustees in an effective, representative democracy, and his stewardship in the House was marked by unmatched dignity, grace, and wisdom; and
WHEREAS, he was the ultimate conservative who remained true to his principles; and
WHEREAS, his creative leadership and his thoughtful sensitivity with respect to complex social and political matters, and especially his ability to work behind the scenes and build coalitions and consensus, received the approval and applause of his peers who held him in such high regard; and
WHEREAS, his foresight and forthright determination brought unparalleled progress and a sense of destiny to the citizens of his district and the State of Georgia and it is abundantly fitting and proper that the members of this body pay appropriate tribute to one of their finest and most distinguished colleagues.
NOW, THEREFORE, BE IT FURTHER RESOLVED that in recognition of his outstanding public service the interchange at Interstate 285 and Chamblee Dunwoody Road is designated the J. Max Davis Interchange.
PART IV
BE IT FURTHER RESOLVED that SR 41 in Meriwether County from the Coweta County line southward to the Talbot County line is hereby designated as the Dan and Marie Branch Highway.
PART V
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said transportation facilities; and the Secretary of the Senate shall transmit an appropriate copy of this resolution to the Department of Transportation.
Senator Lee of the 29th moved that the Senate agree to the House substitute to SR 150.
On the motion, a roll call was taken, and the vote was as follows:

2750

JOURNAL OF THE SENATE

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 C Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson
Kemp,B E 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 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 motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 150.

The following bill was taken up to consider House action thereto:

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 House substitute was as follows:

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.

FRIDAY, APRIL 25, 2003

2751

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 in the county in which the sheriff has jurisdiction. As used in this Code
section, 'engaging indirectly' in such a business shall include the engagement in a prohibited business by the spouse or an unemancipated child of a sheriff."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Hamrick of the 30th moved that the Senate agree to the House substitute to SB 117.

On the motion, 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 N 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
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
Tanksley Tate Y Thomas,D N Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

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JOURNAL OF THE SENATE

On the motion, the yeas were 47, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 117.
The following bill was taken up to consider House action thereto:
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 House amendments were as follows:
House amendment #1:
Amend SB 187 by adding after the semicolon on line 6 of page 1 the following:
"to provide for an Airport Anti-Terrorism Training Committee and the training of airport managers;".
By adding after Section 3 a new Section 3.1 to read as follows:
"SECTION 3.1. Said title is further amended by adding at the end of Chapter 1 a new Code section to read as follows:
'35-1-14. (a) As used in this Code section, the term:
(1) "Airport Anti-Terrorism Training Committee" means a committee composed of three members: one appointed by and to serve at the pleasure of the commissioner of transportation; one appointed by and to serve at the pleasure of the State Board of Technical and Adult Education; and one appointed by and to serve at the pleasure of the commissioner of public safety. (2) "Airport manager" means, with respect to each airport located in this state, the person who serves as manager, serves as general manager, or otherwise serves as the chief administrative officer of such airport. If for any airport, there is more than one person who may fit such definition, the local government, authority, or company

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operating such airport shall designate one such person as its airport manager for purposes of this Code section. (b) The Airport Anti-Terrorism Training Committee shall establish and maintain an annual training program for persons who serve as airport managers. It shall be unlawful for any person to serve as an airport manager in this state unless such person is in compliance with rules and regulations of the Airport Anti-Terrorism Training Committee implementing this Code section. Such rules and regulations: (1) Shall require each airport manager in this state to complete 14 hours of annual training, with the initial annual training required no later than calendar year 2003; (2) Shall establish the curriculum of such annual training; (3) May provide for exemption from or delay of the annual training otherwise required in cases of providential cause or hardship; and (4) May provide for exemption from the annual training otherwise required for airport managers who demonstrate that they have or will otherwise obtain the competencies taught in the annual training curriculum. (c) The Airport Anti-Terrorism Training Committee shall by agreement or contract arrange for the annual training required under this Code section to be administered by the Georgia Aviation Technical College under the jurisdiction of the State Board of Technical and Adult Education. (d) The tuition costs of providing such training may be paid in whole or in part from funds appropriated or otherwise available to any department represented on the Airport Anti-Terrorism Training Committee or may be paid in whole or in part by the airport managers being trained or any combination thereof, as established by the Airport AntiTerrorism Training Committee.'"
House amendment #2:
Amend SB 187 by striking all matter on lines 20 through 26 of page 2 and inserting in place thereof the following:
"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 shall be made available to persons employed by the district attorneys of the state, irrespective of the source of the funds used to pay such persons,; and such persons shall be allowed to purchase such policies of liability insurance and contracts of indemnity insurance and for the purpose of this article shall be considered to be state employees.'"
Senator Hamrick of the 30th moved that the Senate agree to the House amendments to SB 187.

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JOURNAL OF THE SENATE

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
Cagle Y Cheeks
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
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
Starr Y Stephens
Stokes Tanksley Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 187.

The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:

Amend SB 85 as follows:

By deleting the last sentence of 43-30-14. beginning with the word "Each" (line 12) and ending with the word "offense." (line13).

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2755

Senator Hamrick of the 30th moved that the Senate agree to the House amendment to SB 85.

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

Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson
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
Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams
Zamarripa

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 85.

The following bill was taken up to consider House action thereto:

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 House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

2756

JOURNAL OF THE SENATE

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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, is amended by striking subsections (a), (b), and (c) and inserting in their respective places the following:
"(a) Notwithstanding any criminal sanctions which may apply, any person who makes, utters, draws, or delivers any check, draft, or order upon any bank, depository, person, firm, or corporation for the payment of money, which drawee refuses to honor the instrument for lack of funds or credit in the account from which to pay the instrument or because the maker has no account with the drawee, and who fails to pay the same amount in cash to the payee named in the instrument within ten days after a written demand therefor, as provided in subsection (c) of this Code section, has been delivered to the maker by certified mail, or statutory overnight delivery shall be liable to the payee, in addition to the amount owing upon such check, draft, or order, for damages of double the amount so owing, but in no case more than $500.00, and any court costs incurred by the payee in taking the action. In addition to delivery of notice as provided for herein, notice may be given by first-class mail to the address printed on the check given by the maker at the time of issuance or, in the case of a draft or order, to the last known address. If the question of sufficiency of notice becomes an issue, when notice is by first-class mail, the sender of the purported notice shall give an affidavit, under oath, that notice was made as provided for herein and there shall be a rebuttable presumption that proper notice was given.
(b) The payee may charge the maker of the check, draft, or order a service charge not to exceed $25.00 $30.00 or 5 percent of the face amount of the instrument, whichever is greater, plus the amount of any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored, when making written demand for payment.
(c) Before any recovery under subsection (a) of this Code section may be claimed, a written demand in substantially the form which follows shall be sent by certified mail, or statutory overnight delivery, or first-class mail supported by an affidavit of service to the address printed or written on the check given by the maker at the time of issuance of the check or, in the case of a draft or order, to the last known address, the notice to be deemed conclusive ten days following the date the affidavit is executed, to the maker of the instrument at the address shown on the instrument:
'You are hereby notified that a check or instrument numbered ___________, issued by you on ______________(date), drawn upon ___________(name of bank), and payable to _______________________, has been dishonored. Pursuant

FRIDAY, APRIL 25, 2003

2757

to Georgia law, you have ten days from receipt of this notice to tender payment of the full amount of the check or instrument plus a service charge of $25.00 $30.00 or 5 percent of the face amount of the check or instrument, whichever is greater, plus the amount of any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored, the total amount due being $___________. Unless this amount is paid in full within the ten-day period, the holder of the check or instrument may file a civil suit against you for two times the amount of the check or instrument, but in no case more than $500.00, in addition to the payment of the check or instrument plus any court costs incurred by the payee in taking the action.'"

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Tanksley of the 32nd moved that the Senate agree to the House substitute to SB 105.

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

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

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 motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 105.

The following bill was taken up to consider House action thereto:

2758

JOURNAL OF THE SENATE

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.
The House amendment was as follows:
Amend SB 193 by striking lines 2 through 6 of page 1 and inserting in lieu thereof the following:
"elementary and secondary schools, so as to provide for an increase in annual state pay for certain teachers under certain circumstances; to provide that persons who first became teachers on or after July 1, 2000, shall acquire rights to continued employment; to provide for related matters; to provide an effective date; to".
By striking lines 14 and 15 of page 1 and inserting in lieu thereof the following:
"Subject to appropriation by the General Assembly, any teacher who has acquired rights to continued employment as a teacher shall receive an increase in annual state compensation of 5 percent for the year following".
By inserting on line 18 of page 1 immediately after the period the following:
"Each increase shall last only one year, but eligible teachers may earn the increase for consecutive or subsequent years."
Senator Moody of the 27th moved that the Senate disagree to the House amendment to SB 193.
Senator Tate of the 38th moved that the Senate agree to the House amendment to SB 193.
On the motion to agree, which takes precedence, a roll call was taken, and the vote was as follows:

FRIDAY, APRIL 25, 2003

2759

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 Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R Y 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 Y 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 28, nays 27; the motion lost, and the Senate did not agree to the House amendment to SB 193.

On the motion to disagree with the House amendment, 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 N Dean N Fort
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 N 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, the yeas were 28, nays 26; the motion prevailed, and the Senate disagreed to the House amendment to SB 193.

The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:

Amend SB 37 by striking "regulate the use of" on line 2 of page 1 and inserting in its place "provide for regulation of certain motor driven cycles and".

By redesignating Sections 2 through 6 as Sections 3 through 7, respectively.

By inserting between lines 15 and 16 of page 1 the following:
"SECTION 2. Said title is further amended by striking paragraph (28) of Code Section 40-1-1, relating to definitions, and inserting in its place a new paragraph (28) to read as follows:

'(28) "Moped" means a motor driven cycle equipped with two or three wheels, with or without foot pedals to permit muscular propulsion, and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement shall be 3.05 cubic inches (50 cubic centimeters) regardless of the number of chambers in such power source. The power source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed 30 miles per hour (48.28 kilometers per hour) on level road surface and shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged.'"

FRIDAY, APRIL 25, 2003

2761

Senator Thompson of the 33rd moved that the Senate agree to the House amendment to SB 37.

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

Y Harbison Y Harp Y Henson
Hill Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R N 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 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 motion, the yeas were 48, nays 3; the motion prevailed, and the Senate agreed to the House amendment to SB 37.

The following bill was taken up to consider House action thereto:

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 House amendment was as follows:

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JOURNAL OF THE SENATE

Amend SB 29 on line 23 of page 1, put a period after the word "time" and strike the balance of line 23 and line 24.

Senator Seay of the 34th moved that the Senate agree to the House amendment to SB 29.

On the motion, 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 Y Fort
Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson
Hill Hooks Y Hudgens Y Jackson Johnson Kemp,B Y Kemp,R Y Lamutt 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
Williams Y Zamarripa

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 29.

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

HB 1004. By Representatives Williams of the 4th, Brock of the 5th and Forster of the 3rd, Post 1:

A BILL to create the Northwest Georgia Trade & Convention Center Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation, to have the responsibility and authority to promote tourism, conventions, and trade shows in Dalton and Whitfield County; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

FRIDAY, APRIL 25, 2003

2763

The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by striking Code Section 4-4-6, relating to notice and reporting required for certain diseases, and inserting in lieu thereof the following:
"4-4-6. (a) Any person who knowingly introduces into this state any foreign animal disease or any animal disease, syndrome, chemical, poison, or toxin that may pose a substantial threat of harm to the animal industries in this state shall be guilty of a misdemeanor of a high and aggravated nature.
(b)(1) Any person who makes a clinical diagnosis or laboratory confirmation of or who reasonably suspects the presence or occurrence of any of the following diseases, syndromes, or conditions in animals shall report the same immediately to the state

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JOURNAL OF THE SENATE

veterinarian or the United States Department of Agriculture area veterinarian in charge:
(A) African Horse Sickness; (B) African Swine Fever; (C) Avian Influenza; (D) Classical Swine Fever (Hog Cholera); (E) Contagious Bovine Pleuropneumonia (Mycoplasma mycoides mycoides); (F) Contagious Ecthyma (Soremouth); (G) Foot & Mouth Disease (FMD, any type); (H) Heartwater (Cowdria ruminantium); (I) Lumpy Skin Disease; (J) Newcastle Disease (Exotic); (K) Nipah Virus; (L) Peste des Petits Ruminants; (M) Plague (Yersinia pestis); (N) Rift Valley Fever; (O) Rinderpest; (P) Screwworm (Cochliomyia hominivorax, C. bezziana); (Q) Sheep Pox and Goat Pox; (R) Swine Vesicular Disease; (S) Vesicular or Ulcerative Conditions; (T) Vesicular Exanthema; or (U) Vesicular Stomatitis (VS, any type). (2) Any person who reasonably suspects the presence or occurrence of any vesicular diseases, mucosal diseases, or abortion storms of unknown etiology in livestock; undiagnosed bovine central nervous system conditions; unusual number of acute deaths in livestock; unusual myiasis or acariasis (flies, mites, ticks, etc.) in animals; or any apparently highly infectious or contagious animal condition of unknown etiology shall report the same immediately to the state veterinarian or the United States Department of Agriculture area veterinarian in charge. (3) Any person who makes a laboratory confirmation of any of the following diseases, syndromes, or conditions in animals shall report the same within 24 hours or by the close of the next business day, whichever last occurs, to the state veterinarian or the United States Department of Agriculture area veterinarian in charge: (A) Akabane Virus Disease; (B) Anthrax (Bacillus anthracis); (C) Aujeszkys Disease (Pseudorabies); (D) Avian Chlamydiosis (Psittacosis and Ornithosis, Chlamydia psittaci); (E) Babesiosis (in livestock, any species); (F) Bluetongue; (G) Borna Disease; (H) Bovine Spongiform Encephalopathy; (I) Brucellosis (Brucella. abortus, B. ovis, B. suis B. mellitensis);

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(J) Camel Pox Virus; (K) Caseous Lymphadenitis (Corynebacterium pseudotuberculosis); (L) Chronic Wasting Disease; (M) Clostridium perfringens Epsilon Toxin; (N) Coccidioidomycosis (Coccidioides immitis); (O) Contagious Agalactia (Mycoplasma agalactiae, M. capricolum capricolum, M. putrefaciens, M. mycoides mycoides, M. mycoides mycoides LC); (P)Contagious Caprine Pleuropneumonia (Mycoplasma capricolum capripneumoniae); (Q) Contagious Equine Metritis (Taylorella equigenitalis); (R) Dourine (Trypanosoma equiperdum); (S) Enterovirus Encephalomyelitis (porcine); (T) Ephemeral Fever; (U) Epizootic Lymphangitis (Histoplasma farciminosum); (V) Equine Encephalomyelitis (Eastern, Western, Venezuelan, West Nile Virus); (W) Equine Infectious Anemia (EIA); (X) Equine Morbillivirus (Hendra virus); (Y) Equine Piroplasmosis (Babesiosis, Babesia (Piroplasma) equi, B. caballi); (Z) Equine Rhinopneumonitis (Type 1 and 4); (AA) Equine Viral Arteritis; (BB) Feline Spongiform Encephalopathy; (CC) Glanders (Burkholderia [Pseudomonas] mallei); (DD) Hemorrhagic Septicemia (Pasteurella multocida); (EE) Japanese Encephalitis Virus; (FF) Ibaraki; (GG) Infectious Laryngotracheitis (other than vaccine induced); (HH) Infectious Petechial Fever (Ehrlichia ondiri); (II) Louping Ill (Ovine encephalomyelitis); (JJ) Maedi-Visna/Ovine Progressive Pneumonia; (KK) Malignant Catarrhal Fever (Bovine Malignant Catarrh) (AHV-1, OHV-2); (LL) Mange (in livestock)(Sarcoptes scabiei var bovis and ovis, Psoroptes ovis, Chorioptes bovis, Psorergates bos and ovis); (MM) Menangle virus; (NN) Melioidosis (Burkholderia [Pseudomonas] pseudomallei); (OO) Nairobi Sheep Disease; (PP) Paratuberculosis (Mycobacterium avium paratuberculosis); (QQ) Perkinsosis (Perkinsus marinus and P. olseni); (RR) Pullorum Disease (Salmonella pullorum); (SS) Q Fever (Coxiella burnetti); (TT) Rabbit Hemorrhagic Disease (Calicivirus disease); (UU) Rabies; (VV) Ricin Toxicosis (toxin from Ricinis communis); (WW) Salmonellosis caused by Salmonella enteritidis;

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(XX) Salmonellosis in equine (Salmonella typhimurium, S. agona, S. anatum, etc.); (YY) Scrapie; (ZZ) Shigatoxin; (AAA) Staphylococcal Enterotoxins; (BBB) Sweating Sickness; (CCC) Theileriosis (Theileria annulata, T. parva); (DDD) Transmissible Mink Encephalopathy; (EEE) Transmissible Spongiform Encephalopathies (all types); (FFF) Trypanosomiasis (Trypanosoma congolense, T. vivax, T.brucei brucei, T. evansi); (GGG) Tuberculosis (Mycobacterium. bovis, M. tuberculosis); (HHH) Tularemia (Francisella tularensis); (III) Ulcerative Lymphangitis (Corynebacterium pseudotuberculosis); or (JJJ) Wesselsbron Disease. (4) Any person who makes a laboratory confirmation of any unusual presentation, unexplained increase in number of cases, or unusual trend of Botulism (Clostridium botulinum toxin), aflatoxin, or T-2 toxin in animals which such person reasonably suspects may be caused by bioterrorism as defined by Code Section 31-12-1.1 or epidemic or pandemic presentation and may pose a substantial threat of harm to the animal industries in this state shall report the same immediately to the state veterinarian or the United States Department of Agriculture area veterinarian in charge. (5) Any person, including without limitation any veterinarian or veterinary diagnostic laboratory or practice personnel, person associated with any livestock farm, ranch, sales establishment, transportation, or slaughter facility, as well as any person associated with a facility licensed under Chapter 10 of this title, the 'Bird Dealers Licensing Act,' or under Article 1 of Chapter 11 of this title, the 'Animal Protection Act,' who shall fail to report any disease, syndrome, or condition specified in this subsection as required by this subsection shall be guilty of a misdemeanor. (c) The Commissioner is authorized to declare certain other animal diseases and syndromes to be diseases requiring notice and to require the reporting thereof to the department in a manner and at such times as may be prescribed by the Commissioner. The department shall require that such data be supplied as is deemed necessary and appropriate for the prevention and control of certain diseases and syndromes as are determined by the Commissioner. (d) Any person who reasonably suspects the intentional use of any chemical or nuclear agent, microorganism, virus, infectious substance, or any component thereof, whether naturally occurring or bioengineered, to cause death, illness, disease, or other biological malfunction in an animal shall report such suspicion immediately to the state veterinarian or the United States Department of Agriculture area veterinarian in charge. (e) All such reports and data submitted to the state veterinarian or the department pursuant to this Code section shall be deemed confidential and shall not be open to inspection by the public; provided, however, that the Commissioner may release such

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reports and data in statistical form, for valid research purposes, and for other purposes as deemed appropriate by the Commissioner. (b)(f) Any person, including, but not limited to, any veterinarian or veterinary diagnostic laboratory and or practice personnel and any, person associated with any livestock farm, ranch, sales establishment, transportation, or slaughter facility, as well as any person associated with a facility licensed under Chapter 10 of this title, the 'Bird Dealers Licensing Act,' or under Article 1 of Chapter 11 of this title, the 'Animal Protection Act,' submitting reports or data in good faith to the department in compliance with this Code section shall not be liable for any civil damages therefor. (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. (h) This Code section shall not prohibit the conduct of any bona fide research activities by or on behalf of any accredited public or private college or university in this state, nor shall the reporting requirements of this Code section apply to persons performing such research activities.
SECTION 2. 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 substitute to SB 183.

On the motion, 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 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
Starr Stephens Y Stokes Y Tanksley 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 motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 183.
The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The tax commissioner of Chatham County shall remit all educational funds collected by said officer to the Board of Education of Chatham County, except that for the fiscal year beginning July 1, 2003, and ending June 30, 2004, 1 percent of the funds collected shall be retained by the tax commissioner and remitted to the governing authority of Chatham County to reimburse the county for the cost of collecting school taxes and for all fiscal years thereafter 1.75 percent of the funds collected shall be retained by the tax commissioner and remitted to the governing authority of Chatham County to reimburse the county for the cost of collecting school taxes.
SECTION 2. It is the intention of this Act to reduce the amount authorized by subsection (a) of Code Section 48-5-404 of the O.C.G.A. as reimbursement to counties for the collection of school taxes, and this Act is pursuant to the specific authority of Article VIII, Section VI, Paragraph III of the Constitution of the State of Georgia.

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

Senator Thomas of the 2nd moved that the Senate agree to the House substitute to SB 84.

On the motion, 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
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
Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt
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
Starr 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 motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 84.

The following bill was taken up to consider House action thereto:

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 House substitute was as follows:

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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 designate the Funk Heritage/Bennett Center at Reinhardt College as Georgias official Frontier and Southeastern Indian Interpretive Center; to repeal conflicting laws; and for other purposes.
WHEREAS, The Mighty Eighth Air Force Heritage Museum is a living memorial created to honor the more than one million personnel who have served in the United States Eighth Air Force since it was organized in Savannah, Georgia, in 1942; and
WHEREAS, the Eighth Air Force was established during the early days of World War II to provide the strategic air force essential to save Europe; and
WHEREAS, the original Eighth Air Force included 65 Heavy Bombardment Groups, 20 Fighter Groups, 3 Air Divisions, 4 major headquarters, and a support command with supply, maintenance, and repair depots throughout the United Kingdom; and
WHEREAS, The Mighty Eighth Air Force was the largest, most publicized of all of the air forces and was engaged in the most vicious air combat for the longest sustained period of time out of all the other major air components in this country; and
WHEREAS, The Mighty Eighth won the air war over Europe and made the successful invasion of Europe possible, and it had no peer in any category of combat activity and suffered the greatest losses of brave young men who were never turned back by enemy action; and
WHEREAS, some 350,000 men and women served in the Eighth Air Force during World War II and contributed to the greatest and most spectacular air campaigns in aviation history; and
WHEREAS, The Mighty Eighth Air Force Heritage Museum emphasizes the teaching of character education through the numerous examples of courage, spirit, and sacrifice shown by the members of the Eighth Air Force; and
WHEREAS, the museum is a resource partner of the Georgia Center for Character Education and character education programming at the museum serves as a pilot program for other museums throughout this state; and

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WHEREAS, the Funk Heritage/Bennett Center at Reinhardt College in Waleska, Georgia, is a museum and pioneer village interpreting the history and culture of the southeastern Native Americans, the first inhabitants of our colony and state who contributed immeasurably to the cultural, economic, and social development of Georgia; and

WHEREAS, the center interprets and exhibits paintings, sculpture, and other creative works of contemporary southeastern Indian art and includes a permanent collection of antique hand tools used in trades from rope making and shipbuilding to bookbinding; and

WHEREAS, the center offers educational programs, performances, and demonstrations that encourage the study of Native American history and culture and enhance public awareness and understanding of the valuable contributions of our native people; and

WHEREAS, the Funk Heritage/Bennett Center at Reinhardt College is truly an outstanding asset to the people of Georgia and the visiting public, and its mission should be properly recognized.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, is amended by adding at the end thereof new Code Sections 50-3-79 and 50-3-80 to read as follows:
"50-3-79. The Mighty Eighth Air Force Heritage Museum is designated as an official State of Georgia center for character education.

50-3-80.
The Funk Heritage/Bennett Center at Reinhardt College in Waleska, Georgia, is designated as Georgias official Frontier and Southeastern Indian Interpretive Center."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Thomas of the 2nd moved that the Senate agree to the House substitute to SB 33.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch
Bowen

Harbison Y Harp Y Henson
Hill

Y Seay Y Shafer Y Smith,F Y Smith,P

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

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 Y Seabaugh

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

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 33.

The following bill was taken up to consider House action thereto:

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 House substitute was as follows:

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, and review of placement, so as to correct the name of the Office of Adoptions; to amend

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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 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:
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 120 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 Code Section 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. 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. (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

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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) '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. (A)(B) 'Commissioner' means the commissioner of the Department of Human Resources human resources or that persons designee. (B)(C) '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)(D) '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, all the original birth certificate shall not be subject to inspection except as provided in this Code section. 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 or and 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.

Senator Thomas of the 2nd moved that the Senate agree to the House substitute to SB 192.

On the motion, a roll call was taken, and the vote was as follows:

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

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

Y Seay Y Shafer Y Smith,F
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

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Y Golden Y Hall Y Hamrick

Y Price Y Reed Y Seabaugh

Y Williams Y Zamarripa

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 192.

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

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate:

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 House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate:

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.

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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 House insists on its position in substituting the following Bill of the Senate:

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 House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the Senate:

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 Speaker has appointed on the part of the House, Representatives Smith of the 13th, Post 2, Teilhet of the 34th, Post 2, and Orrock of the 51st.

The following bill was taken up to consider House action thereto:

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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.
The House substitute was as follows:
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 May 1, 2002 (Ga. L. 2002, p. 5207), 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 May 1, 2002 (Ga. L. 2002, p. 5207), is amended by striking Section 1 and inserting in lieu thereof a new section to read as follows:
"SECTION 1. The Board of Education of McIntosh County shall be composed of five members to be elected from education districts. It is the intention of this Act that the physical boundaries and numerical designations of four of the five education districts shall become the same as the four districts for the election of members of the Board of Commissioners of McIntosh County set forth in the description attached to an Act approved May 1, 2002 (Ga. L. 2002, p. 5207) and that the members of the board shall continue to have staggered terms. The fifth education district, formerly designated as

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district 1, shall be composed of the entire county, and its designation shall be changed to district 5 as provided in Section 3 of this Act."
SECTION 2. Said Act is further amended by striking subsection (a) of Section 3 and inserting in lieu thereof the following:
"(a)(1) The members in office on the effective date of this Act and any person selected to fill a vacancy in any such office shall complete their terms of office. The terms for members representing former districts 1, 3, and 5 shall expire on January 1, 2005. For the purpose of electing successors to such members in 2004, the district formerly designated as district 1 shall be redesignated as district 5 and shall continue to be composed of the entire county. For such purposes, the district formerly designated as district 3 shall be redesignated as district 2 and the boundaries of such district shall be the same as the boundaries set forth for district 2 in an Act approved May 1, 2002 (Ga. L. 2002, p. 5207). For such purposes, the district formerly designated as district 5 shall be redesignated as district 4 and the boundaries of such district shall be the same as the boundaries set forth for district 4 in an Act approved May 1, 2002 (Ga. L. 2002, p. 5207). On and after January 1, 2005, the new designations and boundaries for such districts shall continue. Successors to members representing newly designated districts 2, 4, and 5 shall be elected in 2010 and shall take office on January 1, 2011, for terms of four years. Thereafter, successors shall be elected quadrennially and shall take office on the first day of January following their election. (2) Beginning January 1, 2005, the district formerly designated as district 2 shall be redesignated as district 1, and the boundaries of such district shall be the same as the boundaries set forth for district 1 in an Act approved May 1, 2002 (Ga. L. 2002, p. 5207). The member elected to represent the district formerly designated as district 2 shall be deemed to represent such district. (3) Beginning January 1, 2005, the district formerly designated as district 4 shall be redesignated as district 3, and the boundaries of such district shall be the same as the boundaries set forth for district 3 in an Act approved May 1, 2002 (Ga. L. 2002, p. 5207). The member elected to represent the district formerly designated as district 4 shall be deemed to represent such district. (4) For the purposes of electing a successor in 2006 to the member deemed to represent the district newly designated as district 1, such district shall have the same boundaries as those set forth for district 1 in an Act approved May 1, 2002 (Ga. L. 2002, p. 5207). Such designation and boundaries shall continue on and after January 1, 2007, when such successor takes office. Thereafter, successors shall be elected quadrennially and shall take office on the first day of January following their election. (5) For the purposes of electing a successor in 2006 to the member deemed to represent the district newly designated as district 3, such district shall have the same boundaries as those set forth for district 3 in an Act approved May 1, 2002 (Ga. L. 2002, p. 5207). Such designation and boundaries shall continue on and after January

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1, 2007, when such successor takes office. Thereafter, successors shall be elected quadrennially and shall take office on the first day of January following their election. (6) Each member shall serve for a term of four years and until his or her successor is elected and qualified."
SECTION 3. The Board of Education of McIntosh County 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 4. This section and Section 3 of this Act and those provisions of this Act necessary for the election of members of the Board of Education of McIntosh County in 2004 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, 2005.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Kemp of the 3rd moved that the Senate agree to the House substitute to SB 372.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Blitch Bowen Y Brown Brush Bulloch Y Butler C 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
Hill Hooks Y Hudgens Y Jackson 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

Seay Y Shafer Y 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

FRIDAY, APRIL 25, 2003

2791

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 372.
The following resolution was taken up to consider House action thereto:
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.
The House substitute was as follows:
A RESOLUTION
Designating the historic Dixie Highway; designating Interstate Route 95 within Georgia as a part of the national Purple Heart Trail; and for other purposes.
PART I
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.

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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.
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.
PART II
Designating Interstate Route 95 within Georgia as a part of the national Purple Heart Trail in honor of recipients of the Purple Heart Medal; and for other purposes.
WHEREAS, the Purple Heart Medal was established by General George Washington on August 7, 1782, to honor military personnel wounded in combat; and
WHEREAS, the Military Order of the Purple Heart of the USA is coordinating a national effort to establish the Purple Heart Trail consisting of major interstate highways and roadways leading to patriotic sites; and
WHEREAS, our state and nation owe a deep debt of gratitude to those members of our Armed Forces who have been wounded in combat and honored with the Purple Heart Medal.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Interstate Route 95 within the State of Georgia is designated as a part of the national Purple Heart Trail and the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the National Purple Heart Trail Coordinator of the Military Order of the Purple Heart of the USA.
Senator Clay of the 37th moved that the Senate agree to the House substitute to SR 171.

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On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Blitch Bowen Y Brown Brush Bulloch Y Butler C 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
Hill Hooks Y Hudgens Y Jackson 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

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

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 171.

The following bill was taken up to consider House action thereto:

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.

Senator Williams of the 19th asked unanimous consent that the Senate adhere to its disagreement to the House substitute and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Williams of the 19th, Stephens of the 51st and Moody of the 27th.

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The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
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 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 provide for an exception to the requirement for registration with the United States Selective Service System in order to be eligible for HOPE scholarships and grants; 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 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by striking Code Section 2-13-412, 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

FRIDAY, APRIL 25, 2003

2795

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 1.1. Said chapter is further amended in Code Section 20-3-519.1, relating to ineligibility for scholarships or grants, by striking paragraph (2) and inserting in lieu thereof the following:
"(2) Has not complied with United States Selective Service System requirements for registration, if such requirements are applicable to the student; provided, however, that this paragraph shall not apply to a person who has served on active duty with United States military forces, whether as a member of the United States armed forces, a reservist, or a member of the National Guard;"
SECTION 2. This Act shall become effective on January 1, 2004.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th offered the following amendment:
Amend the House substitute to SB 244 by striking line 6 of page 1 and inserting in lieu thereof the following:
"to be eligible for certain scholarships and grants administered by the Student Finance Authority; to provide for an effective date; to repeal".
By striking lines 2 through 8 of page 2 and inserting in lieu thereof the following: "Said chapter is further amended in Code Section 20-3-316, relating to powers and duties of the Student Finance Authority, by striking paragraph (4) and inserting in lieu thereof the following:
'(4) Each applicant who, as of the date of application for financial assistance under this part, is required but has not registered with the Selective Service System of the United States pursuant to 50 U.S.C. Section 453, as amended, shall be ineligible to receive financial assistance under this part. Each applicant shall, under penalty of perjury, certify compliance or noncompliance with the registration requirements of the Military Selective Service Act of the United States and provide such other information as the authority may reasonably require. A person may not be denied state student financial aid by reason of failure to present himself for and submit to registration under Section 3, 50 U.S.C. Appx. 453, if the requirement for the person to so register has terminated or become inapplicable to the person; and the person shows

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by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register;'"

Senator Clay of the 37th moved that the Senate agree to the House substitute to SB 244 as amended by the Senate.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour
Blitch Bowen Y Brown Y Brush Y Bulloch Y Butler C 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
Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B E Kemp,R Y Lamutt
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
Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 244 as amended by the Senate.

The following bill was taken up to consider House action thereto:

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.

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2797

The House substitute was as follows:
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 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 change and reorganize provisions relating to allegedly deprived children; 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 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, is amended by striking subsection (c) of Code Section 15-1128, relating to jurisdiction of juvenile court, and inserting in lieu thereof the following:
"(c) Concurrent custody 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 a deprived child 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 such child to be paid by that person or those persons determined to be legally obligated to support such child. In determining such temporary child support, the juvenile court shall apply the child support guidelines provided in Code Section 19-6-15. Where there is an existing order of a superior court or other court of competent jurisdiction setting child support for the child, the juvenile court may order the child support obligor in the existing order to make such payments instead to the caretaker of the child on a temporary basis but shall not otherwise modify the terms of the existing order. A copy of the juvenile courts order shall be filed in the clerks office of the court that entered the existing order. 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 obligated to support such child. (B) Temporary child support orders entered 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 so long as the juvenile court is entitled to exercise jurisdiction over the deprivation case."

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SECTION 2. Said article 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 Other courts, in handling divorce, alimony, or habeas corpus, or other cases involving the custody of a child or children, may transfer the question of the determination of custody, support, or 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 any such question, the juvenile court may transfer the jurisdiction of the question back to the referring superior court."
SECTION 3. Said article is further amended by inserting a new Code section to follow Code Section
15-11-58, relating to family reunification, reports and plans, custody orders, duration of orders, review of determinations, hearings, and supplemental orders, to read as follows:
"15-11-58.1. (a) Except as otherwise provided by law, an order of disposition in a proceeding involving deprivation, except an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if:
(1) A hearing is held prior to the expiration of the order upon motion of a party or on the courts own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (b) The court may terminate an order of disposition of a child adjudicated as deprived or an extension of such a disposition order prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished. (c) Unless otherwise provided by law, when a child adjudicated as deprived reaches 18 years of age all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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2799

Senator Clay of the 37th moved that the Senate agree to the House substitute to SB 80.

On the motion, 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 C 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
Johnson Y Kemp,B E 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
Stephens Stokes Y Tanksley Tate Y Thomas,D Y Thomas,N Thomas,R Y Thompson Y Tolleson Y Unterman Williams Y Zamarripa

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 80.

The following bill was taken up to consider House action thereto:

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 House substitute was as follows:

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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 provide for salary increases for certain school social workers who are certified as Certified School Social Worker Specialists; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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," is amended by adding two new Code Sections 20-2-212.4 and 202-212.5 to read as follows:
"20-2-212.4. (a) As used in this Code section, 'national certification' means certification as a National Certified School Counselor obtained from the National Board for Certified Counselors. (b) Any person who:
(1) Is currently a school counselor in a Georgia public school and holds a valid Georgia professional certificate in school counseling; (2) Has not previously received state funds for participating in any certification area in the national certification program; and (3) Has successfully completed the requirements for and has received national certification 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 awarded on the commencement of the school year following such national certification. 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 counselor shall be granted two days of approved paid leave to prepare the documentation required for national certification. (d) The national certification program participation fee shall be reimbursed by the state upon certification for any school counselor who is eligible for an increase pursuant to subsection (a) of this Code section. (e) A school counselor for whom the State of Georgia pays the participation fee and who does not counsel 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 counselor is unable to complete the additional year of school counseling due to the death or disability of the school counselor.

FRIDAY, APRIL 25, 2003

2801

20-2-212.5. (a) As used in this Code section, 'national certification' means certification as a Certified School Social Worker Specialist by the National Association of Social Workers. (b) Any person who:
(1) Is currently a school social worker in a Georgia public school and holds a valid Georgia professional service certificate in school social work; (2) Has completed three consecutive years of employment as a school social worker in Georgia public schools; (3) Has not previously received state funds for participating in any certification area in the national certification program; and (4) 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. 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 social worker shall be granted two days of approved paid leave to prepare the documentation required for national certification. (d) The state shall reimburse a school social worker for the national certification program participation fee upon certification if the school social worker is eligible for a salary increase pursuant to subsection (b) of this Code section. (e) A school social worker for whom the State of Georgia pays the participation fee and who does not serve as a social worker 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 social worker is unable to complete the additional year of school social work due to the death or disability of the school social worker."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th offered the following amendment:
Amend SB 178, as it passed the House, (LC 22 5343S) by inserting on line 25 between the word "certification" and the period the following:
", and each such year thereafter. 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".

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JOURNAL OF THE SENATE

Senator Clay of the 37th moved that the Senate agree to the House substitute to SB 178 as amended by the Senate.

On the motion, 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 C 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 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 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 Y Thomas,N
Thomas,R Y Thompson Y Tolleson Y Unterman
Williams Y Zamarripa

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 178 as amended by the Senate.

The following bill was taken up to consider House action thereto:

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.

FRIDAY, APRIL 25, 2003

2803

The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, 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 confirm that a merger does not result in a conveyance, transfer, or reassignment of property; to correct a typographical error; to revise shareholders right of dissent 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 14 of the Official Code of Georgia Annotated, relating to business corporations, is amended by striking subsection (h) of Code Section 14-2-141, relating to notice, and inserting in lieu thereof new subsections (h) and (i) to read as follows:
"(h) Without limiting the manner by which notice otherwise may be given effectively under this chapter:
(1) Any notice by a corporation under any provision of this chapter, the articles of incorporation, or the bylaws to record or beneficial holders of its shares shall be effective if given by a single written notice to two or more such holders who share an address if consented to by those holders. Any such consent shall be revocable by a holder by written notice to the corporation. Except as provided in paragraph (2) of this subsection, any such consent shall be in writing and signed by each record or beneficial holder with respect to which such single written notice is to be effective. (2) Any record or beneficial holder of shares of any class or series which are either listed on a national securities exchange or held of record by more than 500 shareholders who fails to object in writing to the corporation, within 60 days of having been given written notice by the corporation of its intention to send the single notice permitted under paragraph (1) of this subsection to such holders, shall be deemed to have consented to receiving such single written notice. (i) If this chapter prescribes notice requirements for particular circumstances, those requirements govern. If articles of incorporation or bylaws prescribe notice requirements, not inconsistent with this Code section or other provisions of this chapter, those requirements govern."

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JOURNAL OF THE SENATE

SECTION 2. Said chapter is further amended by striking subsection (h) of Code Section 14-2-601, relating to authorized shares, and inserting in lieu thereof new subsections (h) and (i) to read as follows:
"(h) As used in this Code section, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation. (i) Nothing contained in this Code section shall be deemed to limit the board of directors authority or discretion to determine the terms and conditions of rights, options, or warrants issuable pursuant to Code Section 14-2-624."
SECTION 3. Said chapter is further amended by striking subsection (c) of Code Section 14-2-602, relating to terms of class or series determined by board of directors, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Except to the extent otherwise permitted by Code Section 14-2-624, all shares of a class or, if applicable, series within a class must have preferences, limitations, and relative rights identical with those of other shares of the same class or series and, except to the extent otherwise provided in the description of the series, all shares of a series must have preferences, limitations, and relative rights identical with those of other series of the same class; provided, however, that any of the voting powers, preferences, designations, rights, qualifications, limitations, or restrictions of or on the class or series of shares, or the holders thereof, may be made dependent upon facts ascertainable outside the articles of incorporation if the manner in which the facts shall operate upon the voting powers, designations, preferences, rights, qualifications, limitations, or restrictions of or on the shares, or the holders thereof, is clearly and expressly set forth in the articles of incorporation. As used in this Code section, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation."
SECTION 4. Said chapter is further amended by striking subsection (c) of Code Section 14-2-624, relating to share options, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The terms of the rights, options, or warrants, including the time or times, the conditions precedent, and the prices at which and the holders by whom the rights, options, or warrants may be exercised, as well as their duration, (1) may preclude or limit the exercise, transfer, or receipt of such rights, options, or warrants or invalidate or void any rights, options, or warrants and (2) may be made dependent upon facts ascertainable outside the documents evidencing the rights, or the resolution providing for the issue of the rights, options, or warrants adopted by the board of directors, if the manner in which the facts shall operate upon the exercise of rights is clearly and

FRIDAY, APRIL 25, 2003

2805

expressly set forth in the document evidencing the rights or in the resolution. Such terms and conditions need not be set forth in the articles of incorporation. As used in this Code section, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation."
SECTION 5. Said chapter is further amended by striking subsection (c) of Code Section 14-2-1007, relating to restated articles of incorporation, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) If the board of directors submits a restatement for shareholder action, the corporation shall notify each shareholder entitled to vote of the proposed shareholders meeting in accordance with Code Section 14-2-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed restatement and contain or be accompanied by a copy of the restatement that identifies any amendment or other change it would make in the articles or contain or be accompanied by a full and complete summary of any such amendment or other change."
SECTION 6. Said chapter is further amended by adding a new subsection (d) to Code Section 14-21101, relating to merger, to read as follows:
"(d) Any of the terms of the plan of merger may be made dependent upon facts ascertainable outside of the plan of merger, provided that the manner in which such facts shall operate upon the terms of the merger is clearly and expressly set forth in the plan of merger. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation."
SECTION 7. Said chapter is further amended by striking subsection (d) of Code Section 14-2-1102, relating to share exchange, and inserting in lieu thereof new subsections (d) and (e) to read as follows:
"(d) Any of the terms of the plan of share exchange may be made dependent upon facts ascertainable outside of the plan of share exchange, provided that the manner in which such facts shall operate upon the terms of the share exchange is clearly and expressly set forth in the plan of share exchange. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation. (e) This Code section does not limit the power of a corporation to acquire all or part of the shares of one or more classes or series of another corporation through a voluntary exchange of shares or otherwise."
SECTION 8. Said chapter is further amended by striking Code Section 14-2-1104, relating to merger with subsidiary, and inserting in lieu thereof a new Code Section 14-2-1104 to read as

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follows: "14-2-1104. (a) A parent corporation owning that owns at least 90 percent of the outstanding shares of each class and series of a subsidiary corporation may either merge the subsidiary into itself or into another such subsidiary or merge itself into the subsidiary corporation without the approval of the board of directors or shareholders of the parent or subsidiary except as provided in subsection (b) of this Code section subsidiary. (b) If a parent corporation merges itself into a subsidiary corporation as provided in subsection (a) of this Code section, the parent corporation shall comply with the requirements of Code Section 14-2-1103 unless: (1) Immediately following the effective time of the merger, the articles of incorporation and the bylaws of the surviving corporation are identical, except for any differences in the articles of incorporation permitted by amendments enumerated in Code Section 14-2-1002, to the articles of incorporation and the bylaws of the parent corporation immediately prior to the effective time of the merger; (2) Each shareholder of the parent corporation whose shares were outstanding immediately prior to the effective time of the merger will receive a like number of shares of the surviving corporation, with designations, preferences, limitations, and relative rights identical to those previously held by each shareholder; (3) The number and kind of shares of the surviving corporation outstanding immediately following the effective time of the merger, plus the number and kind of shares issuable as a result of the merger and by conversion of securities issued pursuant to the merger or the exercise of rights and warrants issued pursuant to the merger, will not exceed the total number and kind of shares of the parent corporation authorized by its articles of incorporation immediately prior to the effective time of the merger; and (4) The directors of the parent corporation become or remain the directors of the surviving corporation upon the effective time of the merger. (c) The board of directors of the parent shall adopt a plan of merger that sets forth: (1) The names of the parent and subsidiary; and (2) The manner and basis of converting the shares of the parent or subsidiary into shares, obligations, or other securities of the surviving corporation or any other corporation or into cash or other property in whole or in part. (d) (c) Within ten days after the corporate action is taken, the surviving corporation shall mail a copy or summary of the plan of merger to each shareholder of the subsidiary or parent who does not waive the mailing requirement in writing. If, as provided under subsection (a), approval of a merger by the subsidiarys shareholders is not required, the surviving corporation shall, within ten days after the effective date of the merger, notify each of the subsidiarys shareholders that the merger has become effective. (d) Except as provided in subsections (a), (b), and (c) of this Code section, a merger between a parent and a subsidiary shall be governed by the provisions of Article 11 of this chapter applicable to mergers generally.

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2807

(e) If the parent corporation is the surviving corporation, articles of merger or a certificate of merger under this Code section may not contain amendments to the articles of incorporation of the parent corporation (except for amendments enumerated in Code Section 14-2-1002). Any of the terms of the plan of merger may be made dependent upon facts ascertainable outside of the plan of merger, provided that the manner in which such facts shall operate upon the terms of the merger is clearly and expressly set forth in the plan of merger. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation."
SECTION 9. Said chapter is further amended by striking Code Section 14-2-1106, relating to the effect of merger or share exchange, and inserting in lieu thereof a new Code Section 14-2-1106 to read as follows:
"14-2-1106. (a) When a merger governed by Article 11 of this chapter takes effect:
(1) Every other corporation or entity party to the merger merges into the surviving corporation or entity and the separate existence of every corporation or entity except the surviving corporation or entity ceases; (2) The title to all real estate and other property owned by, and every contract right possessed by, each corporation or entity party to the merger is vested in the surviving corporation or entity without reversion or impairment, without further act or deed, and without any conveyance, transfer, or assignment having occurred; (3) The surviving corporation or entity has all liabilities of each corporation or entity party to the merger; (4) A proceeding pending against any corporation or entity party to the merger may be continued as if the merger did not occur or the surviving corporation or entity may be substituted in the proceeding for the corporation or entity whose existence ceased; (5) The articles of incorporation or other governing documents of the surviving corporation or entity are amended to the extent provided in the plan of merger; and (6) The shares of each corporation party to the merger and the shares of each of the entities party to the merger that are to be converted into shares, obligations, or other securities of the surviving or any other corporation or into cash or other property are converted and the former holders of the shares are entitled only to the rights provided in the plan of merger or to their rights under Article 13 of this chapter otherwise provided by law. (b) When a share exchange takes effect, the shares of each acquired corporation are exchanged as provided in the plan, and the former holders of the shares are entitled only to the share exchange rights provided in the plan of share exchange or to their rights under Article 13 of this chapter. (c) For purposes of this Code section, the definitions contained in Code Section 14-2-
1109 shall be applicable."

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SECTION 10. Said chapter is further amended by striking paragraph (8) of subsection (a) and subsections (e) and (f) of Code Section 14-2-1109, relating to merger with other entities, and inserting in lieu thereof a new paragraph (8) of subsection (a) and new subsections (e), (f), and (g) to read as follows:
"(8) 'Shareholder' includes every member of a limited liability company or a jointstock association that is a party to a merger or holder of a share of stock or other evidence of financial or beneficial interest therein." "(e) Any of the terms of the plan of merger may be made dependent upon facts ascertainable outside of the plan of merger, provided that the manner in which such facts shall operate upon the terms of the merger is clearly and expressly set forth in the plan of merger. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation. (f) For a plan of merger to be approved, the board of directors of each merging corporation must recommend the plan of merger to the shareholders in the same manner and to the same extent as provided in Code Section 14-2-1103. In the case of any other entity, the plan of merger shall be approved in the manner required by its governing agreements and in compliance with any applicable laws of the state or jurisdiction under which it was formed. In addition, each of the corporations shall comply with all other Code sections of this chapter which relate to the merger of domestic corporations. Each other entity shall comply with all other provisions of its governing agreements and all provisions of the laws, if any, of the state or jurisdiction in which it was formed which relate to the merger. (f) (g) Each merging corporation shall comply with the requirements of Code Section 14-2-1105."
SECTION 11. Said chapter is further amended by striking Code Section 14-2-1302, relating to the right to dissent, and inserting in lieu thereof a new Code Section 14-2-1302 to read as follows:
"14-2-1302. (a) A record shareholder of the corporation is entitled to dissent from, and obtain payment of the fair value of his or her shares in the event of, any of the following corporate actions:
(1) Consummation of a plan of merger to which the corporation is a party: (A) If approval of the shareholders of the corporation is required for the merger by Code Section 14-2-1103 or 14-2-1104 or the articles of incorporation and the shareholder is entitled to vote on the merger, unless the corporation: (i) is merging into a subsidiary corporation pursuant to Code Section 14-2-1104; (ii) each shareholder of the corporation whose shares were outstanding immediately prior to the effective time of the merger shall receive a like number of shares of the surviving corporation, with designations, preferences, limitations, and relative rights identical to those previously held by each shareholder; and

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(iii) the number and kind of shares of the surviving corporation outstanding immediately following the effective time of the merger, plus the number and kind of shares issuable as a result of the merger and by conversion of securities issued pursuant to the merger, shall not exceed the total number and kind of shares of the corporation authorized by its articles of incorporation immediately prior to the effective time of the merger; or (B) If the corporation is a subsidiary that is merged with its parent under Code Section 14-2-1104; (2) Consummation of a plan of share exchange to which the corporation is a party as the corporation whose shares will be acquired, if the shareholder is entitled to vote on the plan; (3) Consummation of a sale or exchange of all or substantially all of the property of the corporation if a shareholder vote is required on the sale or exchange pursuant to Code Section 14-2-1202, but not including a sale pursuant to court order or a sale for cash pursuant to a plan by which all or substantially all of the net proceeds of the sale will be distributed to the shareholders within one year after the date of sale; (4) An amendment of the articles of incorporation with respect to a class or series of shares that reduces that materially and adversely affects rights in respect of a dissenters shares because it: (A) Alters or abolishes a preferential right of the shares; (B) Creates, alters, or abolishes a right in respect of redemption, including a provision respecting a sinking fund for the redemption or repurchase, of the shares; (C) Alters or abolishes a preemptive right of the holder of the shares to acquire shares or other securities; (D) Excludes or limits the right of the shares to vote on any matter, or to cumulate votes, other than a limitation by dilution through issuance of shares or other securities with similar voting rights; (E) Reduces the number of shares of a class or series owned by the shareholder to a fraction of a share if the fractional share so created is to be acquired for cash under Code Section 14-2-604; or (F) Cancels, redeems, or repurchases all or part of the shares of the class; or (5) Any corporate action taken pursuant to a shareholder vote to the extent that Article 9 of this chapter, the articles of incorporation, bylaws, or a resolution of the board of directors provides that voting or nonvoting shareholders are entitled to dissent and obtain payment for their shares. (b) A shareholder entitled to dissent and obtain payment for his or her shares under this article may not challenge the corporate action creating his or her entitlement unless the corporate action fails to comply with procedural requirements of this chapter or the articles of incorporation or bylaws of the corporation or the vote required to obtain approval of the corporate action was obtained by fraudulent and deceptive means, regardless of whether the shareholder has exercised dissenters rights. (c) Notwithstanding any other provision of this article, there shall be no right of dissent in favor of the holder of shares of any class or series which, at the record date fixed to

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determine the shareholders entitled to receive notice of and to vote at a meeting at which a plan of merger or share exchange or a sale or exchange of property or an amendment of the articles of incorporation is to be acted on, were either listed on a national securities exchange or held of record by more than 2,000 shareholders, unless:
(1) In the case of a plan of merger or share exchange, the holders of shares of the class or series are required under the plan of merger or share exchange to accept for their shares anything except shares of the surviving corporation or another publicly held corporation which at the effective date of the merger or share exchange are either listed on a national securities exchange or held of record by more than 2,000 shareholders, except for scrip or cash payments in lieu of fractional shares; or (2) The articles of incorporation or a resolution of the board of directors approving the transaction provides otherwise."

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Senator Adelman of the 42nd moved that the Senate agree to the House substitute to SB 211.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Blitch Y Bowen
Brown Brush Y Bulloch Y Butler C 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
Johnson Y Kemp,B E 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
Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Tolleson Y Unterman
Williams Y Zamarripa

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 211.

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2811

The following bill was taken up to consider House action thereto:
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 House amendment was as follows:
Amend SB 229 by striking line 1 on page 1 and inserting in lieu thereof the following: "To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, so as to change certain provisions relating to examination of applicants; to provide that licensed driver training schools may conduct road tests for applicants for drivers licenses; to provide for approval by the department of driver training schools; to provide that it shall be a misdemeanor to a licensed driving instructor to falsely certify that an applicant has passed a road test; to provide for a contract to be entered between approved licensed driver schools and applicants; to provide for compliance of driver training schools to be monitored by the department; to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to when".
By redesignating Sections 1 through 3 as Sections 3 through 5, respectively.
By inserting new Sections 1 and 2 to read as follows:
"SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, is amended by striking subsection (a) of Code Section 40-5-27, relating to examination of applicants, in its entirety and inserting in lieu thereof the following:
'(a) The department shall examine every applicant for a drivers license, except as otherwise provided by subsection (d) of this Code section. Such examination shall include a test of the applicants eyesight, his or her ability to understand official trafficcontrol devices, and his or her knowledge of safe driving practices and the traffic laws of this state and shall also include a comprehensive on-the-road driving test during which the applicant shall be required to fully demonstrate his or her ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive; provided, however, that the on-the-road driving test requirement shall not apply to any applicant for a Class C drivers license who holds a Class D drivers license issued on or after January 1, 2002. Applicants 18 years of age and older with valid and current licenses issued by another

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state of the United States or the District of Columbia who surrender their previous licenses to obtain a Georgia license shall be exempt from taking such tests other than tests of eyesight. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicants fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license.'
SECTION 2. Said Code section is further amended by adding a new subsection (d) to read as follows:
'(d)(1)(A) Any person who possesses a valid instruction permit issued by the department and who successfully completes a course of driver training from a driver training school licensed pursuant to Chapter 13 of Title 43 and approved by the department to administer the testing provided for in this subsection, which course includes a minimum of 30 class hours of instruction and six hours of private in-car training, and who successfully completes an additional 40 minute road test administered by a licensed instructor of such school shall be exempt from the driving examination required by subsection (a) of this Code section for issuance of a drivers license. Upon an applicants successful completion of the eyesight examination and submission of a certificate of completion of the required course and road test examination from an approved licensed driver training school, the department shall issue such person a drivers license without the requirement of further testing. Any person who is exempted from obtaining an instruction permit prior to taking a driver training course pursuant to Code Section 40-5-21 may, after completion of a driver training course from a licensed driver training school and successful completion of a 40 minute road test administered by a licensed instructor of such school, be authorized to be exempted by the department from any additional test of such persons actual driving, but such person shall be required to successfully complete the written drivers license examination and the standard eyesight examination administered by the department as a condition of obtaining a license. The provisions of this subsection shall not apply to any person who is required to use bioptic lenses as a condition of licensure. Such persons shall continue to be subject to the licensing requirements set forth in subsection (c) of this Code section. (B) The department shall, prior to approving a licensed driving school to conduct road tests as provided for in this subsection, make a determination that the school has been licensed for a minimum of five years and has conducted driver education and adult education courses on a full-time basis for such five-year period and that such school meets all other standards which the department may establish as a condition for approval to conduct such tests. Prior to approving a licensed driving school to conduct road tests, the department shall charge a fee not to exceed $250.00 as determined by rule or regulation of the department. The department shall develop a standardized sample road test which shall be used by all approved licensed driving schools when administering a road test. A road test score sheet shall be prepared by the licensed driving instructor administering the road test for

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each individual applicant. The road test score sheet shall indicate the applicants proficiency in each of the following: low-speed maneuvers, including three-point turns and U-turns; parking maneuvers, including parallel parking and parking on a hill, if available; straight driving, right hand turns, and left hand turns in actual traffic conditions, including distance judgment, proper lane selection, use of mirrors, and signaling; yielding and stopping at appropriate traffic lights, signs, and road markings; entering, exiting, and proper lane changes on highways or interstate highways; knowledge of general vehicle instruments and controls; and general competency behind the wheel. The road test score sheet shall be signed by the licensed driving instructor, shall indicate the driving instructors department certificate number, and shall indicate whether the applicant passes or fails the road test. It shall be a misdemeanor for a licensed driving instructor to falsely certify that an applicant has successfully demonstrated the required proficiency standard on a road test. Each approved licensed driving school shall maintain the road test score sheet for a period of three years from the date of such test. The licensed driving school instructor shall complete for each student who demonstrates the required competency and proficiency on the road test a certificate of road test completion which the student shall submit to the department as provided in subparagraph (A) of this paragraph. The department shall provide the certificates of road test completion to all authorized licensed driving schools, which certificates shall be sequentially numbered, and at a cost to be determined by the department, which cost shall be set to cover the printing costs of such certificates. (2) An approved licensed driving school shall enter into a contract with each person seeking a testing exemption under paragraph (1) of this subsection. The form of such contract shall be approved by the department and each contract shall be sequentially numbered and shall contain the following information: the licensed name of the driving school; the complete address and telephone number of such school; the applicants full name, street address, and telephone number; the applicants date of birth; the applicants learners permit number and the expiration date or an explanation of why the applicant is exempt from the requirement of a learners permit; the drivers education certificate of completion number; the fee for the road test service; the fee paid by the applicant to the licensed driving school; notice that the applicant may take the road test from the approved licensed driving school or from the department; notice that no part of the fee for such road test shall be refunded unless the failure to conduct such test is solely the fault of the driving school; notice that the terms of the written agreement are governed by the laws of the State of Georgia, that the written agreement constitutes the entire contract between the driving school and the applicant, and that no verbal statement or promise made by any representative of the driving school shall be recognized or given effect; notice that it is a violation of the laws of the State of Georgia to guarantee issuance of a drivers license; and notice that the department is the sole entity authorized to issue drivers licenses in the State of Georgia. The contract may serve as the applicants receipt. Each approved licensed driving school shall maintain a copy of any such contract for a period of

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three years from the date of such contract. In the event that the road test applicant is under 18 years of age but has completed a teenage driver education program consisting of 30 hours of classroom and six hours of private in-car training, the parent or guardian of such minor may, upon a form approved by the department, give his or her permission for such minor to contract with the approved licensed driving school for the administration of such road test. The permission of such parent or guardian shall be notarized and shall be maintained by the driving school, with the contract, for a period of three years. (3) The compliance of approved licensed driving schools with the requirements of this subsection shall be monitored by the department and the department shall revoke the approval of any licensed driving school to conduct road tests under the provisions of this subsection if it determines that such school is not in full compliance with all such requirements. The department shall be reimbursed by the licensed driving school for any testing expenses paid to the driving school by the department for an authorized representative of the department who completes a road test administered by the driving school. Reimbursement shall be made within ten calendar days after written submission to the driving school of the necessary information.'"
Senator Lee of the 29th asked unanimous consent that the Senate disagree to the House amendment to SB 229.
The consent was granted, and the Senate disagreed to the House amendment to SB 229.
The following bill was taken up to consider House action thereto:
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.
The House amendment was as follows:
Amend SB 209 by striking lines 16 through 19 of page 3 and inserting in lieu thereof the following:
"qualified, except in the event of resignation or removal as hereinafter provided;".

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2815

Senator Henson of the 41st moved that the Senate agree to the House amendment to SB 209.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Blitch Y Bowen
Brown Y Brush Y Bulloch
Butler C Cagle Y Cheeks
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 E 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
Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman
Williams Y Zamarripa

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 209.

The following bill was taken up to consider House action thereto:

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 House substitute was as follows:

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A BILL TO BE ENTITLED AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide a definition; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new paragraph (1.1) to Code Section 33-1-2, relating to definitions, to read as follows:
"(1.1) 'Health benefit policy,' 'health benefit plan,' or other similar terms do not include limited benefit insurance policies designed, advertised, and marketed to supplement major medical insurance such as accident only, Champus supplement, dental, disability income, fixed indemnity, long-term care, Medicare supplement, specified disease, vision, and any other type of accident and sickness insurance other than basic hospital expense, basic medical-surgical expense, or major medical insurance."
SECTION 2. Said title is further amended by inserting a new Code Section 33-24-59.11 to read as follows:
"33-24-59.11. (a) As used in this Code section, the term:
(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;

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(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 (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;

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

Senator Unterman of the 45th moved that the Senate agree to the House substitute to SB 96.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Blitch Y Bowen
Brown Y Brush Y Bulloch
Butler C Cagle Y Cheeks
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 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 Y Smith,F Y Smith,P Y Squires Y Starr
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 motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 96.

The following bill was taken up to consider House action thereto:

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

FRIDAY, APRIL 25, 2003

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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.

The House amendment was as follows:

Amend SB 260 by striking line 18 of page 13 and inserting in lieu thereof the following:
"the Constitution and laws of the State of Georgia and of the United States of America, so help me God.'"

Senator Unterman of the 45th moved that the Senate agree to the House amendment to SB 260.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Blitch Y Bowen
Brown Y Brush Y Bulloch
Butler C Cagle Y Cheeks
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 E Kemp,R Y Lamutt Y Lee Y Levetan C Me V Bremen Y Moody
Mullis Y Price
Reed Y Seabaugh

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

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On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 260.
The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
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; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. All elections for the office of probate judge of Franklin County and for the office of chief magistrate of Franklin County conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. Nothing in this Act shall affect the term of office of the probate judge of Franklin County or chief magistrate of Franklin County in office on the effective date of this Act. The sitting probate judge and sitting chief magistrate shall serve out the respective terms of office for which such person was elected and shall be eligible to succeed himself or herself as provided in this Act.
SECTION 3. The governing authority of Franklin County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as

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amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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.

Senator Hudgens of the 47th moved that the Senate agree to the House substitute to SB 289.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Blitch Bowen Brown Y Brush Y Bulloch Butler C 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 E Kemp,R Y Lamutt Y Lee Y Levetan C Me V Bremen Y Moody
Mullis Y Price
Reed Seabaugh

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
Unterman Y Williams Y Zamarripa

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 289.

The following bill was taken up to consider House action thereto:

SB 332. By Senator Hudgens of the 47th:

A BILL to be entitled an Act to provide that future elections for the office of

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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.
The House substitute was as follows:
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; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. All elections for the office of probate judge of Hart County and for the office of chief magistrate of Hart County conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. Nothing in this Act shall affect the term of office of the probate judge of Hart County or chief magistrate of Hart County in office on the effective date of this Act. The sitting probate judge and sitting chief magistrate shall serve out the respective terms of office for which such person was elected and shall be eligible to succeed himself or herself as provided in this Act.
SECTION 3. The governing authority of Hart County 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 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Hudgens of the 47th moved that the Senate agree to the House substitute to SB 332.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Blitch Bowen Brown Y Brush Y Bulloch Butler C 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
Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B E Kemp,R Y Lamutt Y Lee Y Levetan C Me V Bremen Y Moody Y Mullis Y Price
Reed Y Seabaugh

Seay Y Shafer
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
Unterman Williams Y Zamarripa

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 332.

The following resolution was taken up to consider House action thereto:

SR 23. By Senator Jackson of the 50th:

A RESOLUTION designating the Dean Bryant Intersection; and for other purposes.

The House amendment was as follows:

Amend SR 23 by inserting before line 1 of page 1 the following: "PART I"

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By inserting following line 5 of page 2 the following: "PART II
Recognizing and commending Honorable Jack Connell and naming the Jack Connell Parkway; and for other purposes.
WHEREAS, Honorable Jack Connell, our distinguished former colleague and dear friend, served the State of Georgia and its citizens with the utmost dedication and ability as a member of the Georgia House of Representatives from 1969 to 2002; and
WHEREAS, Representative Connell served as Speaker Pro Tempore of the House of Representatives for 26 consecutive years, making him the longest serving Speaker Pro Tempore in the history of the State of Georgia and the United States; and
WHEREAS, a native of Augusta, Georgia, and a veteran of World War II, he is admired and respected as a consummate Southern gentleman, a pillar of the Augusta community, a prominent businessman, and a devoted leader in the government, religious, and political organizations in his community; and
WHEREAS, he was integral in the establishment of the Georgia Radiation Therapy Center, which treats over 120 patients a day, and the Childrens Medical Center located at the Medical College of Georgia; and
WHEREAS, in addition to his many accomplishments benefiting the medical community, Representative Connell was very effective in bringing growth and development to the City of Augustas infrastructure; and
WHEREAS, he was solely responsible for obtaining $50 million for the design and construction of the Riverwatch Parkway; and
WHEREAS, he is a devoted husband to his wife, the former Nanette Jean Anderson, and takes great delight in four children and six grandchildren; and
WHEREAS, his efforts brought unparalleled progress to the citizens of his district and the State of Georgia, and it is abundantly fitting that the members of this body, who regard him with much admiration and respect, pay tribute to one of their finest colleagues for the many years of distinguished service he rendered.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body recognize and commend Honorable Jack Connell for his exemplary public service and convey to him their wholehearted respect and best wishes forever.
BE IT FURTHER RESOLVED that the Riverwatch Parkway in Augusta, Georgia, is hereby named the Jack Connell Parkway.

FRIDAY, APRIL 25, 2003

2825

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating said parkway.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is
authorized and directed to transmit an appropriate copy of this resolution to Honorable Jack Connell."

Senator Jackson of the 50th moved that the Senate agree to the House amendment to SR 23.

Senator Cheeks of the 23rd moved that the Senate agree to the House amendment to SR 23 as amended by the following amendment:

Amend the House amendment (AM 19 0768) to SR 23 by deleting lines 24 and 25 on page 1 and by deleting lines 10 through 13 on page 2 and removing the words "and naming the Jack Connell Parkway" from lines 6 and 7 on page 1.

On the motion to agree to the House amendment as amended by the Senate, which takes precedence, 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 C Cagle Y Cheeks Y Clay Y Collins Y Crotts Y 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 E Kemp,R Y Lamutt Y Lee
Levetan C Me V Bremen Y Moody Y Mullis Y Price
Reed Y Seabaugh

N Seay Y Shafer N Smith,F Y Smith,P N Squires
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 Y Zamarripa

On the motion, the yeas were 32, nays 17; the motion prevailed, and the Senate agreed to the House amendment to SR 23 as amended by the Senate.

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The following bill was taken up to consider House action thereto:
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.
The House amendment was as follows:
House amendment #1: Amend SB 81 by inserting on line 1 of page 2 after the word "councilmembers" the following:
"shall be licensed physicians and".
House amendment #2: Amend SB 81 by striking line 1 of page 2 and inserting in lieu thereof the following:
"(b)(1) The following councilmembers shall be appointed by the commissioner: one member from the".
By striking lines 6 and 7 of page 2 and inserting in lieu thereof the following: "Georgia Chapter of the American Academy of Pediatrics; and one member from each of the states emergency medical services regions; (2) Two councilmembers shall be appointed by the Speaker of the House of Representatives; and (3) Two councilmembers shall be appointed by the President of the Senate."
House amendment #3: Amend SB 81 by striking line 5 of page 2 and inserting in its place the following:
"Georgia College of Emergency Physicians; one member of the".
Senator Jackson of the 50th moved that the Senate agree to the House amendments to SB 81.

On the motion, a roll call was taken, and the vote was as follows:

FRIDAY, APRIL 25, 2003

2827

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 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 C Me V Bremen Y Moody
Mullis Y Price
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 Y Thompson Y Tolleson
Unterman Y Williams Y Zamarripa

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 81.

The following bill was taken up to consider House action thereto:

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.

The House substitute was as follows:

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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 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; 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 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking Code Section 16-8-12, relating to penalties for certain acts of theft, and inserting in its place a new Code Section 16-8-12 to read as follows:
"16-8-12. (a) A person convicted of a violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor except:
(1) If the property which was the subject of the theft exceeded $500.00 in value, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; (2) If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his or her duties as such officer or employee, by imprisonment for not less than one nor more than 15 years, a fine not to exceed the amount provided by Code Section 17-108, or both; If the property was any amount of anhydrous ammonia, as defined in Code Section 16-11-111, by imprisonment for not less than one nor more than ten years, a fine not to exceed the amount provided by Code Section 17-10-8, or both; (3) If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his or her duties as such officer or employee, by imprisonment for not less than one nor more than 15 years, a fine not to exceed the amount provided by Code Section 17-108, or both; (3)(4) If the crime committed was a violation of Code Section 16-8-2 and if the property which was the subject of the theft was a memorial to the dead or any ornamentation, flower, tree, or shrub placed on, adjacent to, or within any enclosure of a memorial to the dead, by imprisonment for not less than one nor more than three years. Nothing in this paragraph shall be construed as to cause action taken by a

FRIDAY, APRIL 25, 2003

2829

cemetery, cemetery owner, lessee, trustee, church, religious or fraternal organization, corporation, civic organization, or club legitimately attempting to clean, maintain, care for, upgrade, or beautify a grave, gravesite, tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead to be a criminal act;
(4)(5)(A) The provisions of paragraph (1) of this subsection notwithstanding, if the property which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which exceeded $100.00 in value or if the theft or unlawful activity was committed in violation of subsection (b) of Code Section 101-393.5 or in violation of subsection (b) of Code Section 10-1-393.6 or while engaged in telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second or subsequent offense under this paragraph shall be punished by imprisonment for not less than one year nor more than 20 years. (B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7; (5)(6)(A) As used in this paragraph, the term:
(i) 'Destructive device' means a destructive device as such term is defined by Code Section 16-7-80. (ii) 'Explosive' means an explosive as such term is defined by Code Section 16-780. (iii) 'Firearm' means any rifle, shotgun, pistol, or similar device which propels a projectile or projectiles through the energy of an explosive. (B) If the property which was the subject of the theft offense was a destructive device, explosive, or firearm, by imprisonment for not less than one nor more than ten years; or (6)(7) If the property which was the subject of the theft is a grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, and if such grave marker, monument, memorial, plaque, or marker is privately owned or located on privately owned land, by imprisonment for not less than one nor more than three years if the value of the property which was the subject of the theft is $300.00 or less, and by imprisonment for not less than three years and not more than five years if the value of the property which was the subject of the theft is more than $300.00. (b) Except as otherwise provided in paragraph (4) (5) of subsection (a) of this Code section, any person who commits the offense of theft by deception when the property which was the subject of the theft exceeded $500.00 in value and the offense was

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committed against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than ten years. (c) Where a violation of Code Sections 16-8-2 through 16-8-9 involves the theft of a growing or otherwise unharvested commercial agricultural product which is being grown or produced as a crop, such offense shall be punished by a fine of not less than $500.00 and not more than the maximum fine otherwise authorized by law. This minimum fine shall not in any such case be subject to suspension, stay, or probation. This minimum fine shall not be required in any case in which a sentence of confinement is imposed and such sentence of confinement is not suspended, stayed, or probated; but this subsection shall not prohibit imposition of any otherwise authorized fine in such a case."
SECTION 2. Said title is further amended by adding a new Code section immediately following Code Section 16-11-110, to be designated Code Section 16-11-111, to read as follows:
"16-11-111. (a)(1) As used in this Code section, the term 'anhydrous ammonia' means any substance identified to contain the compound ammonia which is capable of being utilized in the production of methamphetamine or any other controlled substance. (2) A person commits the crime of unlawful possession of anhydrous ammonia if the person: (A) Purchases, possesses, transfers, or distributes any amount of anhydrous ammonia knowing that the anhydrous ammonia will be used unlawfully to manufacture a controlled substance; (B) Possesses, maintains, or transports any quantity of anhydrous ammonia in a container or receptacle 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; or (C) Tampers with equipment manufactured to hold, apply, or transport anhydrous ammonia without the express consent of the owner of the equipment. (3)(A) A person who violates subparagraph (B) of paragraph (2) of this subsection shall be subject to civil penalties in accordance with Code Section 40-16-6. (B) Any person who violates this Code section shall, upon conviction thereof, be punished by imprisonment for not less than one year nor more than ten years and by a fine not to exceed $100,000.00."
SECTION 3. Said title is further amended by adding a new Code Section immediately following Code Section 16-13-30.2, to be designated Code Section 16-13-30.3, to read as follows:
"16-13-30.3. (a) As used in this Code section, the term:
(1) 'Ephedrine,' 'pseudoephedrine,' and 'phenylpropanolamine' mean any drug product

FRIDAY, APRIL 25, 2003

2831

containing ephedrine, pseudoephedrine, or phenylpropanolamine, or any of their salts, isomers, or salts of isomers, alone or in a mixture. (2) 'Personal use' means the sale in a single transaction to an individual customer for a legitimate medical use of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine in quantities at or below that specified in subsection (b) of this Code section, and includes the sale of those products to employers to be dispensed to employees from first-aid kits or medicine chests. (3) 'Retail distributor' means a grocery store, general merchandise store, drugstore, convenience store, or other related entity, the activities of which involve the distribution of ephedrine, pseudoephedrine, or phenylpropanolamine products. (b)(1) It is unlawful for any person, other than a person or entity described in paragraph (28), (29), or (33) of Code Section 26-4-5 or a retail distributor, to knowingly possess any product that contains ephedrine, pseudoephedrine, or phenylpropanolamine in an amount which exceeds 300 pills, tablets, gelcaps, capsules, or other individual units or more than 9 grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of these substances, whichever is smaller. (2) It shall be unlawful for any person to possess any amount of a substance set forth in this Code section with the intent to manufacture amphetamine or methamphetamine. (3) Any person who violates the provisions of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (c) This Code section shall not apply to: (1) Pediatric products primarily intended for administration to children under 12 years of age, according to label instructions, either:
(A) In solid dosage form whose recommended dosage, according to label instructions, does not exceed 15 milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per individual dosage unit; or (B) In liquid form whose recommended dosage, according to label instructions, does not exceed 15 milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per five milliliters of liquid product; (2) Pediatric liquid products primarily intended for administration to children under two years of age for which the recommended dosage does not exceed two milliliters and the total package content does not exceed one fluid ounce; or (3) Products that the State Board of Pharmacy, upon application of a manufacturer, exempts by rule from this Code section because the product has been formulated in such a way as to prevent effectively the conversion of the active ingredient into methamphetamine or its salts or precursors. (d) Except as authorized by this article, it is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute any substance containing any amounts of ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts,

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optical isomers, or salts of optical isomers which have been altered from their original condition so as to be powdered, liquefied, or crushed. This subsection shall not apply to any of the substances identified within this subsection which are possessed or altered for a legitimate medical purpose. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year or more than ten years."
SECTION 4. Said title is further amended by striking Code Section 16-13-31, relating to the manufacture and trafficking of certain illegal drugs and substances, and inserting in its place a new Code Section 16-13-31, to read as follows:
"16-13-31. (a)(1) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows: (A) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00; (B) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and (C) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million. (2) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of any mixture with a purity of less than 10 percent of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine if the total weight of the mixture multiplied by the percentage of cocaine contained in the mixture exceeds any of the quantities of cocaine specified in paragraph (1) of this subsection. Upon conviction thereof, such person shall be punished as provided in paragraph (1) of this subsection depending upon the quantity of cocaine such person is charged with knowingly selling, manufacturing, delivering, or bringing into this state or knowingly possessing.
(b) Any person who knowingly sells, manufactures, delivers, brings into this state, or has possession of four 4 grams or more of any morphine or opium or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Schedules I and II, or four 4 grams or more of any mixture containing any such substance in violation of this article commits the felony offense of trafficking in illegal drugs and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of such substances involved is four 4 grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of

FRIDAY, APRIL 25, 2003

2833

imprisonment of five years and shall pay a fine of $50,000.00; (2) If the quantity of such substances involved is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00; and (3) If the quantity of such substances involved is 28 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00. (c) Any person who knowingly sells, manufactures, grows, delivers, brings into this state, or has possession of a quantity of marijuana exceeding 50 pounds commits the offense of trafficking in marijuana and, upon conviction thereof, shall be punished as follows: (1) If the quantity of marijuana involved is in excess of 50 pounds, but less than 2,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $100,000.00; (2) If the quantity of marijuana involved is 2,000 pounds or more, but less than 10,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of seven years and shall pay a fine of $250,000.00; and (3) If the quantity of marijuana involved is 10,000 pounds or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $1 million. (d) Any person who knowingly sells, manufactures, delivers, or brings into this state 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in paragraph (6) of Code Section 16-13-25, in violation of this article commits the felony offense of trafficking in methaqualone and, upon conviction thereof, shall be punished as follows: (1) If the quantity of the methaqualone or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; and (2) If the quantity of the methaqualone or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00. (e) Any person who knowingly sells, manufactures, delivers, or brings into this state or has possession of 28 grams or more of methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows: (1) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00; (2) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 200 grams or more, but less than 400 grams, the person shall be

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sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and (3) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million. (f) Any person who knowingly manufactures methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Schedule II, in violation of this article commits the felony offense of trafficking methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows: (1) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00; (2) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and (3) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million. (f)(g)(1) Except as provided in paragraph (2) of this subsection and notwithstanding Code Section 16-13-2, with respect to any person who is found to have violated this Code section, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment prescribed by this Code section. (2) The district attorney may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section and who provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he finds that the defendant has rendered such substantial assistance. (g)(h) Any person who violates any provision of this Code section in regard to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine shall be punished by imprisonment for not less than five years nor more than 30 years and by a fine not to exceed $1 million."
SECTION 5. Code Section 40-16-6 of the Official Code of Georgia Annotated, relating to civil monetary penalties, is amended by adding a new subsection at the end thereof, to be designated subsection (d), to read as follows:

FRIDAY, APRIL 25, 2003

2835

"(d)(1) As used in this subsection, the term 'anhydrous ammonia' means any substance identified to contain the compound ammonia which is capable of being utilized in the production of methamphetamine or any other controlled substance. (2) Any person, firm, or corporation transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia shall be subject to all rules and regulations promulgated by the commissioner pursuant to Code Section 46-7-26 governing the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. (3) Notwithstanding the provisions of subsection (a) of this Code section, the commissioner may impose civil monetary penalties in an amount not to exceed $25,000.00 for each violation of any rules and regulations promulgated pursuant to Code Section 46-7-26 with respect to persons transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia."
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.
Senator Stephens of the 51st moved that the Senate agree to the House substitute to SB 205.
Senator Jackson of the 50th moved that the Senate agree to the House substitute to SB 205 as amended by the following amendment:
Amend the House substitute to SB 205 by striking line 2 of page 1 and inserting in lieu thereof the following:
"offenses, 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 an increased criminal penalty with respect to the theft of".
By inserting at the end of line 6 of page 1 the following: "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 change certain provisions regarding definitions; to provide for".
By inserting at the end of line 14 of page 1 the following:

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"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. (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.'

Said title is further".

SECTION 2.

By striking line 26 of page 3 and inserting in lieu thereof the following:

"SECTION 3.

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 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 16-13-

33;

(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 4."

FRIDAY, APRIL 25, 2003

2837

By striking the number "3" on line 16 of page 4 and inserting in lieu thereof the number "5".

By redesignating Sections 6 and 7 as Sections 8 and 9, respectively.

By striking line 1 of page 6 and inserting in lieu thereof the following:
"SECTION 6. 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 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.'
SECTION 7."

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 C Cagle

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

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

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

Y Kemp,R N Lamutt N Lee Y Levetan C Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

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 27; the motion lost, and the Senate did not agree to the House substitute to SB 205 as amended by the Senate.

On the motion to agree to the House substitute, 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 C Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort C Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson C Hill
Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan C 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
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 motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 205.

The following bill was taken up to consider House action thereto:

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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 House substitute was as follows:
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."
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

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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, the results of such search documented in writing and filed with the court at the time of the first review. 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 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

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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 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

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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 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

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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 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

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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, 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

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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 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.

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(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 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,

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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."
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

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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 the most appropriate for and in the best interest of 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 the most appropriate for and in the best interest of 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 the most appropriate for and in the best interest of 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 the most appropriate for and in the best interest of 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 the most appropriate for and in the best interest of 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. (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.

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(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.

Senator Stephens of the 51st moved that the Senate agree to the House substitute to SB 236.

On the motion, 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 C Cagle Y Cheeks Y Clay Y Collins Y Crotts

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

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

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

C 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 motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 236.

The following bill was taken up to consider House action thereto:

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 House substitute was as follows:

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 change a definition; 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. Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to
death investigations, is amended by striking paragraph (13) of Code Section 45-16-21,
relating to definitions, and inserting in lieu thereof the following: "(13) 'Regional medical examiner' means a medical examiner who is employed by the
Georgia Bureau of Investigation and who is a pathologist certified in forensic
pathology by the American Board of Pathology appointed by the chief medical examiner pursuant to Code Section 35-3-153."

SECTION 2.

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2851

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 moved that the Senate agree to the House substitute to SB 214.

On the motion, 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 C Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort C Gillis Y Golden Y Hall
Hamrick

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

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

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 214.

The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:

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Amend Senate substitute to HB 56 (LC 18 2772S) by inserting on line 13 of page 1 after
the word and symbol "areas;" the following: "to change the length of term of office of the presiding officer of the Commission on Mens Health;".

By inserting between lines 14 and 15 of page 4 the following:
"SECTION 6A. Said title is further amended by striking subsection (a) of Code Section 31-43-8, relating to selection of the presiding officer of the Commission on Mens Health, and inserting in its place the following:
'(a) The commission annually shall elect one of its members as presiding officer who shall serve as presiding officer concurrently with the term of office of such member specified under subsection (a) of Code Section 31-43-7. A successor shall be elected immediately prior to the expiration of the presiding officers term of office.'"

Senator Price of the 56th moved that the Senate agree to the House amendment to the Senate substitute to HB 56.

On the motion, 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 C Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort C Gillis Y Golden Y Hall Y Hamrick

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

Y Seay 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
Williams Y Zamarripa

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2853

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 56.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
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 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 provision regarding the commencement date for such balancing; 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, for the construction, maintenance, or improvement of transportation projects physically or operationally connected with and bearing the same state highway route number as such project, or for use on other toll facilities; 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. Article 3 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to officers of the Department of Transportation, is amended by striking subsection (b) of

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Code Section 32-2-41, relating to powers, duties, and authority of the commissioner, and inserting in its place the following:
"(b)(1) The commissioner shall have the authority to employ, discharge, promote, supervise, and determine the compensation of such personnel as he or she may deem necessary or useful to the effective operation and administration of the department except that the commissioner shall not employ a person who is related within the second degree of consanguinity to the commissioner or any member of the board, provided that such prohibition shall not be applied so as to terminate the employment of persons employed before said prohibited relationship was created by the subsequent election of a board member or appointment of a commissioner. The commissioner shall also have the authority to create, staff, abolish, and regulate such organizational elements as may be deemed necessary or proper for the efficient operation of the department. (2) Notwithstanding the provisions of subsection (b) of Code Section 32-6-29, the commissioner shall have the authority to appoint and employ five nonuniformed investigators who shall be certified peace officers pursuant to the provisions of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' The investigators shall have full arrest powers in cases involving internal affairs of the department and in cases involving obstruction of, encroaching on, or injury to public roads or rights of way. In such cases, the investigators shall be authorized:
(A) To investigate crimes committed anywhere in the state; (B) To arrest any person violating the criminal laws of this state; (C) To serve and execute warrants after notifying the law enforcement agency of the local jurisdiction of the intent to serve such warrant or warrants; (D) To enforce in general the criminal laws of this state; (E) To issue citations for civil damage to any person found to be violating the laws, rules, and regulations pertaining to vegetation management; and (F) To carry firearms while performing their duties but only if such investigators have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' (3) The power granted to the commissioner in paragraph (1) of this subsection shall be subject to and limited by Article 1 of Chapter 20 of Title 45 establishing a merit system for department employees, to the extent that the same or any amendments thereto are now or may be hereafter applicable to department personnel."
SECTION 2. Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the allocation of funds for public roads, is amended by striking subsection (a) of Code Section 32-5-30, relating to the allocation of state and federal funds, and inserting in its place the following:
"(a) The total of expenditures from the State Public Transportation Fund under paragraphs (4), (5), and (6) of Code Section 32-5-21 plus expenditures of federal funds

FRIDAY, APRIL 25, 2003

2855

appropriated to the department, not including any state or federal funds specifically designated for maintenance and operations, any project undertaken for purposes of the Developmental Highway System provided by Code Section 32-4-22, or any project of the Georgia Regional Transportation Authority, Georgia Ports Authority, or Metropolitan Atlanta Rapid Transit Authority, shall be budgeted by the department over each five-year period commencing July 1, 1999 July 1, 2003, and quinquennially thereafter such that at the end of such period funding obligations equivalent to at least 85 percent of such total for such period shall have been divided equally among the congressional districts in this state, as those districts existed at the commencement of such period, for public road and other public transportation purposes in such districts; with the remainder of such total divided among such congressional districts such that 5 percent of such total for such period shall have been obligated for public road projects incidental to economic development purposes anywhere in this state, and no such congressional district shall have received funding obligations pursuant to this subsection for such period which are more than 20 percent greater than that received by any other such congressional district pursuant to this subsection for such period."
SECTION 3. 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, is amended by striking in its entirety Code Section 32-10-65 and inserting in its place the following:
"32-10-65. The authority is authorized to fix, revise, charge, and collect tolls for the use of each project. Such tolls shall be so fixed and adjusted as to carry out and perform the terms and provisions of any resolution, trust indenture, or contract with or for the benefit of bondholders; and such tolls shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the state. The use and disposition of tolls and revenues shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust indenture securing the same, if there are any. No tolls collected in excess of the requirements under subsection (a) of Code Section 3210-64 shall be used for any purpose other than for the construction, maintenance, or improvement of the project from which such tolls are collected, for the construction, maintenance, or improvement of any project physically or operationally connected with and bearing the same state highway system route number as such toll project, or for use on other toll facilities of the state to include debt service for revenue bonds bearing the authoritys name."
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 Price of the 56th moved that the Senate agree to the House substitute to SB 221.

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On the motion, 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 C Cagle Y Cheeks
Clay Y Collins Y Crotts Y Dean Y Fort C Gillis Y Golden Y Hall Y Hamrick

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

Y Seay 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 motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 221.

Senator Seay of the 34th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

The following bill was taken up to consider House action thereto:

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 House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

FRIDAY, APRIL 25, 2003

2857

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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. 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, is amended by striking the word "and" at the end of paragraph (17) of subsection (b); by replacing the period at the end of paragraph (18) of subsection (b) with the symbol and word "; and"; and by adding at the end of subsection (b) a new paragraph (19) to read as follows:
"(19) Persons currently licensed to practice a specialty in another jurisdiction and who are practicing such specialty within a defined disaster area in order to alleviate the impact on persons affected by a disaster as defined in paragraph (1) of Code Section 38-3-91 or a state of emergency as defined in paragraph (7) of Code Section 38-3-3, but only when such specialty services are provided without cost to the recipients, and only for a maximum of 30 consecutive days following a disaster or a state of emergency."
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 Smith of the 25th moved that the Senate agree to the House substitute to SB 71.

On the motion, 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 C Cagle Y Cheeks
Clay

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

Y Seay Shafer
Y 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 Crotts
Y Dean Y Fort C Gillis Y Golden Y Hall Y Hamrick

Lee Y Levetan C Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Thomas,N Y Thomas,R E Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 71.

At 3:00 p.m., the President announced that the Senate would stand in recess until 3:45 p.m.

At 3:45 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 disagreed to the Senate amendments to the following Bill of the House:

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.

The House has disagreed to the Senate substitute to the following Bill of the House:

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,

FRIDAY, APRIL 25, 2003

2859

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.

The House insists on its position in substituting the following Bills of the Senate:

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.

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 House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the Senate:

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

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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 Speaker has appointed on the part of the House, Representatives Ehrhart of the 28th, Twiggs of the 8th, and Channell of the 77th.
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:
HB 947 Do Pass HB 1004 Do Pass
Respectfully submitted, Senator Unterman of the 45th District, Chairman
Senator Starr of the 44th asked unanimous consent that the following bill be taken from the Table:
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.
The consent was granted, and HB 25 was taken from the Table.
The following bill was taken up to consider House action thereto:
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

FRIDAY, APRIL 25, 2003

2861

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.

Senator Kemp of the 46th asked unanimous consent that the Senate adhere to its disagreement to the House substitute and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Kemp of the 46th, Tolleson of the 18th and Price of the 56th.

The following bill was taken up to consider House action thereto:

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.

Senator Harp of the 16th moved that the Senate insist on its amendments to HB 319.

Senator Zamarripa of the 36th moved that the Senate recede from its amendments to HB 319.

On the motion to recede, 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

Y Harbison N Harp
Henson N Hill Y Hooks N Hudgens
Jackson Johnson

Seay N Shafer N Smith,F N Smith,P Y Squires N 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
Hamrick

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

N Tanksley Tate
N Thomas,D Y Thomas,N N Thomas,R Y Thompson N Tolleson N Unterman N Williams
Zamarripa

On the motion, the yeas were 14, nays 34; the motion lost, and the Senate did not recede from its amendments to HB 319.

Senator Harp of the 16th asked unanimous consent that the Senate insist on its amendments to HB 319.

The consent was granted, and the Senate insisted on its amendments to HB 319.

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 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.

The House has agreed to the Senate amendments, as amended by the House, to the following Bill of the House:

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,

FRIDAY, APRIL 25, 2003

2863

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.
The following bill was taken up to consider House action thereto:
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.
Senator Mullis of the 53rd asked unanimous consent that the Senate adhere to its disagreement to the House substitute and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Mullis of the 53rd, Lee of the 29th and Bowen of the 13th.
The following bill was taken up to consider House action thereto:
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.

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Senator Thomas of the 54th asked unanimous consent that the Senate insist on its substitute to HB 372.

The consent was granted, and the Senate insisted on its substitute to HB 372.

The following resolution was taken up to consider the Conference Committee report thereto:

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 Conference Committee report was as follows:

The Committee of Conference on SR 120 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 120 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Thomas of the 2nd /s/ Senator Dean of the 31st /s/ Senator Kemp of the 3rd

/s/ Representative Greene of the 134th /s/ Representative Buckner of the 109th /s/ Representative Stephens of the 123rd

COMMITTEE OF CONFERENCE SUBSTITUTE TO SR 120

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, Randolph, and Screven Counties, Georgia, and Hamilton County, Tennessee; authorizing

FRIDAY, APRIL 25, 2003

2865

the conveyance of certain property located in Colquit County, Paulding County, and White County; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Baldwin, Bibb, Cherokee, Clarke, Crisp, Floyd, Forsyth, Glynn, Habersham, Hall, Jasper, McDuffie, McIntosh, Morgan, Randolph, and Screven Counties, Georgia, and Hamilton County, Tennessee; and
WHEREAS, Baldwin County, SED-Gray, LLC, Athens-Clarke County, the City of Cordele, the Atlanta Gas Light Company, Forsyth County, the City of Alto, the City of Gainesville, the Municipal Electric Authority of Georgia, the City of Thomson, Georgia Power Company, Siguard Kviten, the Tennessee Department of Transportation, the Tennessee Valley Authority, the City of Canton, Cherokee County, the City of Cuthbert, and Screven County desire to operate and maintain facilities, utilities, and ingress and egress, in, on, over, under, upon, across, or through a portion of said property; and
WHEREAS, these facilities, utilities, and ingress and egress, in, on, over, under, upon, across, or through the above-described state property have been requested and/or approved by the Georgian Forestry Commission, Department of Defense, Department of Natural Resources, Department of Juvenile Justice, Department of Human Resources, Department of Technical and Adult Education, Department of Corrections, Department of Motor Vehicles, and the State Properties Commission with respect to property under the jurisdiction of their respective departments; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Colquitt County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 246 of the 8th Land District of Colquitt County, Georgia, as shown on a plat of survey entitled "Doc Darbyshire Road Co. Rd. #239" dated May 19, 2002, and prepared by Jerry S. Lindsey, Georgia Registered Land Surveyor #2626 containing 1.31 acres and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Technical and Adult Education and is a portion of Moultrie Technical College; (4) Colquitt County is desirous of acquiring the above-described property in order to widen and improve Doc Darbyshire Road; (5) The Department of Technical and Adult Education has no objection to the conveyance of the above-described property to Colquitt County for the purpose of making road improvements; and

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WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Paulding County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 1249 of the 3rd Land District 3rd Section of Paulding County, Georgia, as shown on a plat of survey entitled "New Hope First Baptist Church" dated February 26, 2003, and prepared by Cecil R. Kelly, Georgia Registered Land Surveyor #2011 containing 0.402 of one acre and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Natural Resources and is a portion of the Picketts Mill State Historic Site, New Hope Marker; (4) New Hope First Baptist Church adjoins the above mentioned historic site and is desirous of acquiring a portion of the site for use as a portion of their parking lot; (5) The Department of Natural Resources has no objection to the conveyance of the above-described property to New Hope First Baptist Church for the above stated purpose; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in White County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 162 of the 3rd Land District of White County, Georgia, as shown on a White County Tax Plat #24 and containing approximately 5 acres and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Human Resources and is a portion of the White County Outdoor Therapeutic Center; (4) The above-described property is not contiguous to the White County Outdoor Therapeutic Center and is separated by Loudsville Road; (5) The adjoining property owners John Tarpley Head, Jr., and Tim Ravan have expressed an interest in acquiring the above-described property; (6) The Department of Human Resources has no objection to the conveyance of the above-described property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I SECTION 1.

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That the State of Georgia is the owner of the hereinafter described real property in Baldwin County, and the property is in the custody of the Georgia Forestry Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Baldwin County, or its successors and assigns, a nonexclusive easement for the operation and maintenance of a water line in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting, and operating a water line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 320th GMD of Baldwin County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown in yellow on a drawing dated December 13, 2001, prepared by Ingram & Watkins, LLC Consulting Engineers and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 3. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said water sewer line.
SECTION 4. That Baldwin County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said water line.
SECTION 5. That, after Baldwin County has put into use the water line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Baldwin County, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the utility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 6. That no title shall be conveyed to Baldwin County and, except as herein specifically granted to Baldwin County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not

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inconsistent with or detrimental to the rights, privileges, and interest granted to Baldwin County.
SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Baldwin County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Baldwin County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 8. That the easement granted to Baldwin County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 9. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 10. That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 11. That the authorization in this resolution to grant the above-described easement to Baldwin County shall expire three years after the date that this resolution becomes effective.
SECTION 11A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or

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of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 12. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE II SECTION 13. That the State of Georgia is the owner of the hereinafter described real property in Clarke County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 14. That the State of Georgia, acting by and through its State Properties Commission, may grant to Athens/Clarke County, or its successors and assigns, a nonexclusive easement for the operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 216th GMD of Clarke County, Georgia, and is more particularly described as follows: 'That portion and that portion only as shown in yellow on a plat of survey dated February 3, 1999, prepared by J. R. Holland, Georgia Registered Land Surveyor # 1087 the and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 15. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.
SECTION 16. That Athens/Clarke County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said sanitary sewer line.

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SECTION 17. That, after the Athens/Clarke County has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Athens/Clarke County, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the utility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 18. That no title shall be conveyed to Athens/Clarke County and, except as herein specifically granted to Athens/Clarke County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Athens/Clarke County.
SECTION 19. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Athens/Clarke County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Athens/Clarke County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 20. That the easement granted to Athens/Clarke County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 21. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best

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interest of the State of Georgia. SECTION 22.
That this grant of easement shall be recorded by the grantee in the Superior Court of Clarke County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 23. That the authorization in this resolution to grant the above-described easement to Athens/Clarke County shall expire three years after the date that this resolution becomes effective.
SECTION 23A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 24. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE III SECTION 25. That the State of Georgia is the owner of the hereinafter described real property in Crisp County, and the property is in the custody of the Department of Juvenile Justice hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 26. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Cordele, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer manhole in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer manhole together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 228 of the 10th Land District of Crisp County, Georgia, and is more particularly described as follows: 'That portion and that portion only as shown marked in yellow on a drawing prepared by Keck and Wood, Inc., dated February 12, 2002 and on file in the offices of the State Properties Commission,'

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and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 27. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer manhole.
SECTION 28. That the City of Cordele shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer manhole.
SECTION 29. That, after the City of Cordele has put into use the sanitary sewer manhole for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Cordele, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 30. That no title shall be conveyed to the City of Cordele, and, except as herein specifically granted to the City of Cordele, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Cordele.
SECTION 31. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Cordele shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Cordele. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned

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land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 32. That the easement granted to the City of Cordele shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 33. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 34. That this grant of easement shall be recorded by the grantee in the Superior Court of Crisp County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 35. That the authorization in this resolution to grant the above-described easement to the City of Cordele shall expire three years after the date that this resolution becomes effective.
SECTION 35A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 36. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE IV SECTION 37.
That the State of Georgia is the owner of the hereinafter described real property in Floyd County, and the property is in the custody of the Department of Human Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 38. That the State of Georgia, acting by and through its State Properties Commission, may grant to Atlanta Gas Light Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a natural gas line on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a natural gas line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lots 200 of the 23rd Land District of Floyd County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown in yellow on utility plan sheets C10, C11and C12 entitled "Rome Probation Detention Center" prepared by Rainwater and Associates, dated May 31, 2002 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 39. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said natural gas line.
SECTION 40. That Atlanta Gas Light Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said natural gas line.
SECTION 41. That, after Atlanta Gas Light Company has put into use the natural gas line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Atlanta Gas Light Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 42. That no title shall be conveyed to Atlanta Gas Light Company, and, except as herein specifically granted to Atlanta Gas Light Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Atlanta Gas Light Company.

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SECTION 43. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Atlanta Gas Light Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Atlanta Gas Light Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 44. That the easement granted to Atlanta Gas Light Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 45. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 46. That this grant of easement shall be recorded by the grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 47. That the authorization in this resolution to grant the above-described easement to Atlanta Gas Light Company shall expire three years after the date that this resolution becomes effective.
SECTION 47A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement

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area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 48. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE V SECTION 49. That the State of Georgia is the owner of the hereinafter described real property in Forsyth County, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 50. That the State of Georgia, acting by and through its State Properties Commission, may grant to Forsyth County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a water line on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a water line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Forsyth County, Georgia, and are more particularly described as follows: 'That portion and that portion only as shown highlighted in yellow on plat of survey entitled "Water Line Easement" prepared by Billy Ray Cheek, Georgia registered Land Surveyor #1615, dated November 7, 2001 and all being on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 51. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said water line. SECTION 52. That Forsyth County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water line.
SECTION 53. That, after Forsyth County has put into use the water line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and

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easement granted herein. Upon abandonment, Forsyth County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 54. That no title shall be conveyed to Forsyth County, and, except as herein specifically granted to Forsyth County, all rights, title and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Forsyth County.
SECTION 55. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Forsyth County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Forsyth County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 56. That the easement granted to Forsyth County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 57. That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 58. That this grant of easement shall be recorded by the grantee in the Superior Court of

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Forsyth County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 59. That the authorization in this resolution to grant the above-described easement to Forsyth County shall expire three years after the date that this resolution becomes effective.
SECTION 59A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 60. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VI SECTION 61. That the State of Georgia is the owner of the hereinafter described real property in Habersham County, and the property is in the custody of the Department of Corrections, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 62. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Alto, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a water well in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a water well together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 196 of the 10th District of Habersham County, Georgia, and is more particularly described as follows: 'That portion and that portion only as shown in yellow on a plat of survey entitled "Survey For the Town of Alto", dated May 13, 2002, prepared by Jeff Weshner, Georgia Registered Land Surveyor #2323 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

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SECTION 63. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said water well.
SECTION 64. That the City of Alto shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water well.
SECTION 65. That, after the City of Alto has put into use the water well for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Alto, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 66. That no title shall be conveyed to the City of Alto, and, except as herein specifically granted to the City of Alto, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Alto.
SECTION 67. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Alto shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Alto. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

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SECTION 68. That the easement granted to the City of Alto shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 69. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 70. That this grant of easement shall be recorded by the grantee in the Superior Court of Habersham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 71. That the authorization in this resolution to grant the above-described easement to the City of Alto shall expire three years after the date that this resolution becomes effective.
SECTION 71A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 72. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VII SECTION 73. That the State of Georgia is the owner of the hereinafter described real property in Hall County, and the property is in the custody of the Department of Corrections and Department of Motor Vehicles, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 74. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Gainesville, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over,

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under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 411th GMD in the City of Gainesville, Hall County , Georgia, and is more particularly described as follows:
'That portion and that portion only as shown in yellow on a plat of survey entitled "Allen Creek Regional Sewerage Facilities" dated August 9, 2002, prepared by Edwin E. Ledford, Georgia Registgered Land surveyor #2340 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 75. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.
SECTION 76. That The City of Gainesville shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer line.
SECTION 77. That, after the City of Gainesville has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Gainesville, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 78. That no title shall be conveyed to the City of Gainesville, and, except as herein specifically granted to the City of Gainesville, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Gainesville.
SECTION 79. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across

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the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the city of Gainesville shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Gainesville. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 80. That the easement granted to the City of Gainesville shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 81. That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 82. That this grant of easement shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 83. That the authorization in this resolution to grant the above-described easement to the city of Gainesville shall expire three years after the date that this resolution becomes effective.
SECTION 84. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
SECTION 84A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement

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area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
ARTICLE VIII SECTION 85. That the State of Georgia is the owner of the hereinafter described real property in Jasper County, and the property is in the custody of the Department of Technical and Adult Education, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 86. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Municipal Electric Authority of Georgia (MEAG), or its successors and assigns, a nonexclusive easement for the construction, operation and maintenance of electrical transmission lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating electrical transmission lines together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area are located in Land Lot 65 of the 16th District of Jasper County, Georgia, and is more particularly described as follows: 'That portion and that portion only as shown marked in yellow on a plat of survey entitled "MEAG Power" dated November 14, 2002 and prepared by J. B. Faircloth, Georgia Registered Land Surveyor No. 2120 and being on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 87. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical transmission lines.
SECTION 88. That MEAG shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical transmission lines.
SECTION 89. That, after MEAG has put into use the electrical transmission lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, MEAG, or its successors and

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assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 90. That no title shall be conveyed to MEAG and, except as herein specifically granted to MEAG, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to MEAG.
SECTION 91. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and MEAG shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by MEAG. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 92. That the easement granted to MEAG shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 93. That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 94. That this grant of easement shall be recorded by the grantee in the Superior Court of Jasper County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 95. That the authorization in this resolution to grant the above-described easement to MEAG shall expire three years after the date that this resolution becomes effective.
SECTION 95A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 96. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XI SECTION 97. That the State of Georgia is the owner of the hereinafter described real property in McDuffie County, and the property is in the custody of the Department of Technical And Adult Education, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 98. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Thomson, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of sanitary sewer lines, in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating sanitary sewer lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 134th GMD of McDuffie County, Georgia, and is more particularly described as follows: 'That portion and that portion only as shown marked in yellow on a plat of survey entitled "City of Thomson at Augusta Technical Institute" dated March 20, 2002 prepared by John A. Mcgill, Georgia Registered Land Surveyor #1753 and being on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 99.

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That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer lines.
SECTION 100. That the City of Thomson shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer lines.
SECTION 101. That, the City of Thomson has put into use the sanitary sewer lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Thomson or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 102. That no title shall be conveyed to the City of Thomson and, except as herein specifically granted to the City of Thomson, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Thomson.
SECTION 103. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Thomson shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Thomson. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

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SECTION 104. That the easement granted to the City of Thomson shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 105. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 106. That this grant of easement shall be recorded by the grantee in the Superior Court of McDuffie County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 107. That the authorization in this resolution to grant the above-described easement to the City of Thomson shall expire three years after the date that this resolution becomes effective.
SECTION 107A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 108. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE X SECTION 109.
That the State of Georgia is the owner of the hereinafter described real property in Glynn and McIntosh Counties, Georgia, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 110. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement

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for the construction, operation and maintenance of guy wires and anchors together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area are located in within the boundary of the Altamaha Wildlife Management in Glynn and McIntosh Counties, Georgia, and are more particularly described as follows:
'That portion and that portion only as shown marked in yellow on a drawing marked as Exhibit "A" on the Board of Natural Resources Resolution dated September 25, 2002 under project Altamaha WMA, and being on file in the offices of the State Properties Commission,' and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 111. That the above-described premises shall be used solely for the purpose of, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said guy wires and anchors.
SECTION 112. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation of said guy wires and anchors.
SECTION 113. That, after Georgia Power Company, has put into use the guy wires and anchors for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 114. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 115. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across

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the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 116. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 117. That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 118. That this grant of easement shall be recorded by the grantee in the Superior Court of Glynn and McIntosh Counties, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 119. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.
SECTION 119A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 120. That the State Properties Commission is authorized and empowered to do all acts and

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things necessary and proper to effect the grant of the easement area.
ARTICLE XI SECTION 121. That the State of Georgia is the owner of the hereinafter described real property in Morgan County, Georgia, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 122. That the State of Georgia, acting by and through its State Properties Commission, may grant to Sigurd Kviten, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating ingress and egress together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located within the boundary of Hard Labor Creek State Park in Morgan County, Georgia, and is more particularly described as follows: 'That portion and that portion only as shown marked in yellow on a drawing attached as Exhibit "A" to that certain Board of Natural Resources Resolution dated September 25, 2002 listed as Project "Hard Labor Creek State Park" and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 123. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress. SECTION 124. That Sigurd Kviten shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said ingress and egress.
SECTION 125. That, after Sigurd Kviten has put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Sigurd Kviten, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving

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the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 126. That no title shall be conveyed to Sigurd Kviten, and, except as herein specifically granted to Sigurd Kviten, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Sigurd Kviten.
SECTION 127. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Sigurd Kviten or its successors and assigns shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Sigurd Kviten. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on State owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 128. That the easement granted to Sigurd Kviten shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 129. That the consideration for such easement shall be for the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 130. That this grant of easement shall be recorded by the grantee in the Superior Court of Morgan County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 131. That the authorization in this resolution to grant the above-described easement to Sigurd Kviten shall expire three years after the date that this resolution becomes effective.
SECTION 131A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 132. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XII SECTION 133. That the State of Georgia is the owner of the hereinafter described real property in Hamilton County, Tennessee, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 134. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Tennessee Department of Transportation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a bridge in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, inspecting, and operating a bridge together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the City of Chattanooga, Hamilton County, Tennessee, and is more particularly described as follows: 'That portion and that portion only as marked in yellow on a drawing prepared by State of Tennessee Department of Transportation Bureau of Planning and Development and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 135. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, inspecting, and operating said bridge.

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SECTION 136. That, after the Tennessee Department of Transportation has put into use the bridge for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Tennessee Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 137. That no title shall be conveyed to the Tennessee Department of Transportation, and, except as herein specifically granted to the Tennessee Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Tennessee Department of Transportation.
SECTION 138. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Tennessee Department of Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Tennessee Department of Transportation. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on State owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 139. That the easement granted to the Tennessee Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 140. That the consideration for such easement shall be for the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 141. That this grant of easement shall be recorded by the grantee in the Superior Court of Hamilton County, Tennessee and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 142. That the authorization in this resolution to grant the above-described easement to the Tennessee Department of Transportation shall expire three years after the date that this resolution becomes effective.
SECTION 142A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 143. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XIII SECTION 144. That the State of Georgia is the owner of the hereinafter described real property in Hamilton County, Tennessee, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission. SECTION 145. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Tennessee Valley Authority, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical distribution lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating electrical distribution lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement areas are located in the First Civil District of Hamilton County,

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Tennessee, within Western and Atlantic Railroad right of way, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow as shown on Sheet 1A of US-TVA drawing LW-1938, revision 4 prepared for the Tennessee Valley Authority, and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 146. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution lines.
SECTION 147. That, after the Tennessee Valley Authority has put into use the electrical distribution lines which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Tennessee Valley Authority, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 148. That no title shall be conveyed to the Tennessee Valley Authority, and, except as herein specifically granted to the Tennessee Valley Authority, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to the Tennessee Valley Authority.
SECTION 149. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Tennessee Valley Authority shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Tennessee Valley Authority. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the

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facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 150. That the easement granted to the Tennessee Valley Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 151. That the consideration for such easement shall be for the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 152. That this grant of easement shall be recorded by the grantee in the Superior Court of Hamilton County, Tennessee, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 153. That the authorization in this resolution to grant the above-described easement to the Tennessee Valley Authority shall expire three years after the date that this resolution becomes effective.
SECTION 153A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 154. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XIV SECTION 155. That the State of Georgia is the owner of the hereinafter described real property in Bibb County, and the property is in the custody of the Department of Defense, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 156. That the State of Georgia, acting by and through its State Properties Commission, may grant to SED-Gray, LLC, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of underground supports for a retaining wall in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating underground supports for a retaining wall, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement areas are located in Land Lot 38 of the Macon Reserve East Land District of Bibb County, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow as Grading and Drainage Plan, being sheet #C-4, dated April 22, 2002 entitled Walgreens #06790, and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 157. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said underground support for a retaining wall.
SECTION 158. That, after SED-Gray, LLC has put into use the underground supports for a retaining wall which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, SED-Gray, LLC, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 159. That no title shall be conveyed to SED-Gray, LLC, and, except as herein specifically granted to SED-Gray, LLC, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to SEDGray, LLC.
SECTION 160. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State

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Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and SED-Gray, LLC shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by SED-Gray, LLC. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 161. That the easement granted to SED-Gray, LLC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 162. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 163. That this grant of easement shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 164. That the authorization in this resolution to grant the above-described easement to SEDGray, LLC shall expire three years after the date that this resolution becomes effective.
SECTION 164A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 165. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE XV SECTION 166. That the State of Georgia is the owner of the hereinafter described real property in Cherokee County, and the property is in the custody of the Department of Defense, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission. SECTION 167. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Canton, Cherokee County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of storm water piping in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating storm water piping, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 159 of the 14th District, 2nd Section of Cherokee County, and is more particularly described as follows: 'That portion and that portion only as shown highlighted in yellow as drawing provided by the City of Canton, Cherokee County, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval,'
SECTION 168. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said storm water piping.
SECTION 169. That, after the City of Canton, Cherokee County, has put into use the storm water piping for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Canton, Cherokee County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 170. That no title shall be conveyed to the City of Canton, Cherokee County, and, except as herein specifically granted to the City of Canton, Cherokee County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Canton, Cherokee County.

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SECTION 171. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Canton, Cherokee County, shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Canton, Cherokee County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 172. That the easement granted to the City of Canton, Cherokee County, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 173. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 174. That this grant of easement shall be recorded by the grantee in the Superior Court of Cherokee County, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 175. That the authorization in this resolution to grant the above-described easement to the City of Canton, Cherokee County, shall expire three years after the date that this resolution becomes effective.
SECTION 175A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement

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area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 176. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XVI SECTION 177. That the State of Georgia is the owner of the hereinafter described real property in Screven County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission. SECTION 178. That the State of Georgia, acting by and through its State Properties Commission, may grant to Screven County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of roadways in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating roadways, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 37th GMD of Screven County, and is more particularly described as follows: 'That portion and that portion only as shown highlighted in yellow on a plat of survey entitled "Property Survey for Screven County Old River County Road" dated December 17, 2001 and prepared by Warren E. Poythress, Georgia Registered Land Surveyor #1953 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 179. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said roadway. SECTION 180. That, after Screven County has put into use the roadway for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Screven County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 181. That no title shall be conveyed to Screven County and, except as herein specifically granted to Screven County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to Screven County.
SECTION 182. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Screven County shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Screven County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 183. That the easement granted to Screven County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 184. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 185. That this grant of easement shall be recorded by the grantee in the Superior Screven County, County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 185A. This resolution does not affect and is not intended to affect any right, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to

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the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement areas.
SECTION 186. That the authorization in this resolution to grant the above-described easement to Screven County shall expire three years after the date that this resolution becomes effective.
ARTICLE XVII SECTION 187. That the State of Georgia is the owner of the hereinafter described real property in Randolph County, and the property is in the custody of the Department of Technical and Adult Education, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission. SECTION 188. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Cuthbert, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the Land Lot 1 of the 6th District of Randolph County, and is more particularly described as follows: 'That portion and that portion only as shown highlighted in yellow on a plat of survey entitled "City of Cuthbert and State of Georgia" dated August 6, 2002, and prepared by B. H. Langford Jr. Georgia Registered Land Surveyor #2209 and on file in the offices of the State Properties Commission,' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 189. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line. SECTION 190. That, after the City of Cuthbert has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, priviledges, powers, and easement granted herein. Upon abandonment, the City of Cuthbert, or its successors and assigns, shall have the option of removing its facilities from the easement

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area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 191. That no title shall be conveyed to the City of Cuthbert and, except as herein specifically granted to the City of Cuthbert, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Cuthbert.
SECTION 192. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Cuthbert shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Cuthbert. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 193. That the easement granted to the City of Cuthbert shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 194. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 195. That this grant of easement shall be recorded by the grantee in the Superior Court of Randolph County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 196. That the authorization in this resolution to grant the above-described easement to the City of Cuthbert County shall expire three years after the date that this resolution becomes effective.
ARTICLE XVIII SECTION 197. That the State of Georgia is the owner of the above-described Colquit County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 198. That the above-described real property may be conveyed by appropriate instrument to Colquit County by the State of Georgia acting by and through its State Properties Commission for a consideration of $10.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 199. That the authorization in this resolution to convey the above-described property to Colquit County shall expire three years after the date that this resolution becomes effective.
SECTION 200. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 201. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Colquit County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 202. That custody of the above-described property shall remain the custody of the Department of Technical and Adult Education until the property is conveyed to Colquit County.
ARTICLE XIX SECTION 203. That the State of Georgia is the owner of the above-described Paulding County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 204. That the above-described real property may be conveyed by appropriate instrument to New Hope First Baptist Church by the State of Georgia acting by and through its State Properties Commission for a consideration of the fair market value, but not less than

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$650.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 205. That the authorization in this resolution to convey the above-described property to New Hope First Baptist Church shall expire three years after the date that this resolution becomes effective.
SECTION 206. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 207. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 208. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Paulding County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 209. That custody of the above-described property shall remain the custody of the Department of Natural Resources until the property is conveyed to New Hope First Baptist Church.
ARTICLE XX SECTION 210. That the State of Georgia is the owner of the above-described White County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 211. That the above-described real property may be conveyed by appropriate instrument to the adjoining property owned, John Tarpley Head and Tim Ravan by the State of Georgia acting by and through its State Properties Commission for a consideration of the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 212. That the authorization in this resolution to convey the above-described property to John Tarpley Head and Tim Ravan shall expire three years after the date that this resolution becomes effective.
SECTION 213. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 214. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 215. That the deeds of conveyance shall be recorded by the grantee in the Superior Court of White County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 216. That custody of the above-described property shall remain the custody of the Department of Human Resources until the property is conveyed to John Tarpley Head and Tim Ravan.
ARTICLE XXI SECTION 217. That all laws and parts of laws in conflict with this resolution are repealed.

Senator Thomas of the 2nd moved that the Senate adopt the Conference Committee report on SR 120.

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 Y Fort Y Gillis Y Golden Y Hall
Hamrick

Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson C 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
Tanksley Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman C Williams Y Zamarripa

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on SR 120.

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The following bill was taken up to consider House action thereto:
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.
The House amendment was as follows:
Amend the Senate amendment to HB 447 as follows:
By striking lines 2-7 of page 1.
Senator Bulloch of the 11th asked unanimous consent that the Senate disagree to the House amendment to the Senate amendment to HB 447.
The consent was granted, and the Senate disagreed to the House amendment to the Senate amendment to HB 447.
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.
The following resolution, having been taken from the Table earlier today, was continued upon its adoption:
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.
Senate Sponsor: Senator Williams of the 19th.

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Senator Balfour of the 9th offered the following amendment #1:
Amend HR 591 by adding on line 1 after the word "Intersection;" the following: "and other transportation facilities;" and by adding on line 16 after the word "Intersection" the following: "and by designating certain transportation facilities; and for other purposes.
The following transportation facilities are designated and shall be signed as follows:(1) That portion of State Route 232 in Columbia County from its intersection with State Route 104 to its intersection with State Route 47 as the 'Purple Heart Highway'; (2) That portion of Highway 441 from the Jackson County line to the Habersham County line as the 'Veterans Memorial Highway'; (3) The interchange of Interstate 285 and Chamblee Dunwoody Road as the 'J. Max Davis Interchange'; (4) That portion of State Route 101 in Paulding County from Harmony Road at Concord Baptist Church south to the Carroll County line as the 'John D. Smith Highway'; (5) State Route 121 as the 'Woodpecker Trail'; and (6) State Route 6 Business in Austell as the 'Dr. Luke Garrett Bypass.'."
Senator Balfour the 9th offered the following amendment #1a:
Amend the Senate floor amendment #1 to HR 591 by adding:
(7) The Keith Kalland Highway is the stretch of I-285 in between GA 400 and the Chattahoochee River.
On the adoption of the amendment, the yeas were 40, nays 0, and the Balfour amendment #1a to the Balfour amendment #1, was adopted.
Senator Bulloch of the 11th offered the following amendment #1b:
Amend the Senate floor amendment #1 to HR 591 by adding (8) that the portion of SR 38 known as 1st Avenue N.E. in the City of Cairo running from North Broad Street to U.S. 84 is designated the Julien B. Roddenbery, Sr. Memorial Drive.
On the adoption of the amendment, the yeas were 37, nays 0, and the Bulloch amendment #1b to the Balfour amendment #1, was adopted.
On the adoption of the amendment #1, the yeas were 42, nays 0, and the Balfour amendment #1 was adopted as amended.
Senators Crotts of the 17th and Stokes of the 43rd offered the following amendment #2:
Amend HR 591 by adding on line 16 after the word "Intersection." designating that that portion of Flat Shoals Parkway in DeKalb County from I-285 to its intersection with State Route 155 (Snapfinger Road) is designated the "Earl Paulk Parkway,"

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Senator Thomas of the 10th moved that HR 591 be placed on the Table.

Senator Hudgens of the 47th objected.

Senator Balfour of the 9th asked unanimous consent that the Crotts, Stokes amendment #2 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Thomas of the 10th asked unanimous consent that her motion to Table HR 591 be withdrawn. The consent was granted, and the motion to Table was withdrawn.

Senator Jackson of the 50th offered the following amendment #3:

Amend HR 591 by adding the following on line 16 page 1 after the:

"The intersection of Highway 115 and Highway 52 in Lumpkin County east of Dahlonega, Georgia, is designated the Dean Bryant Intersection."

On the adoption of the amendment, the yeas were 41, nays 0, and the Jackson amendment #3 was adopted.

Senator Levetan of the 40th offered the following amendment #4:

Amend HR 591 by adding: Derwin Brown Bridge Road at Glenwood and I-285.

On the adoption of the amendment, the yeas were 32, nays 0, and the Levetan amendment #4 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
Brown Y Brush Y Bulloch Y Butler C Cagle Y Cheeks

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

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Y Clay Y Collins Y Crotts Y Dean
Fort Y Gillis C Golden Y Hall
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
Thomas,R Y Thompson Y Tolleson Y Unterman C Williams Y Zamarripa

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority was adopted as amended.

The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:

The Committee of Conference on HB 770 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 770 be adopted.

Respectfully submitted, FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Tanksley of the 32nd

/s/ Representative Porter of the 119th

/s/ Senator Clay of the 37th

/s/ Representative Bordeaux of the 125th

/s/ Senator Meyer von Bremen of the 12th /s/ Representative Benfield of the 56th, Post 1

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COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 770
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 enact the "Georgia Indigent Defense Act"; to provide a short title; to define certain terms; to create the Georgia Public Defender Standards Council; to provide for membership, appointment, and terms of office; to provide for duties; to provide for a director of the council and the directors duties and responsibilities; to provide for continuing legal education; to provide for a report of activities; to provide that such council shall assume all duties, responsibilities, liabilities, assets, and obligations of the Georgia Indigent Defense Council; to provide that the Georgia Indigent Defense Council shall be abolished; to provide for a transition; to provide for the appointment of a circuit public defender in each judicial circuit; to provide for eligibility; to provide for the appointment of conflict counsel; to provide for the representation of indigent persons in certain cases; to provide for duties of a circuit public defender; to provide for a salary; to prohibit the practice of law for profit; to provide for reimbursement of expenses; to provide for a budget; to provide for the appointment of assistant public defenders and their salaries; to provide for the appointment of investigators and their salaries; to provide for the filling of a vacancy in office; to provide for the employment of staff; to provide for the status of employees as public employees; to provide for additional positions paid for by counties; to provide that no attorney employed full time by the circuit public defender shall engage in the private practice of law for profit; to provide for the provision of offices and facilities by counties; to provide for contracting with the circuit public defender; to provide for the removal of a circuit public defender for cause; to provide for alternative systems for the delivery of criminal defense for indigent persons; to provide for conditions and procedures; to authorize third-year law students to assist circuit public defenders; to provide qualifications; to provide for the office of the multicounty public defender; to provide for legal status; to provide that the Georgia Public Defender Standards Council shall be responsible for such office; to provide for the appointment of multicounty public defenders; to provide for salaries and a budget; to provide for the employment of personnel; to provide for transition; to provide for the defense of persons accused of a capital felony; to provide for the office of the capital defender; to provide for legal status; to provide that the Georgia Public Defender Standards Council shall be responsible for such office; to provide for the appointment of capital defenders; to provide for salaries and a budget; to provide for the employment of personnel; to provide for transition; to provide for the defense of persons accused of a capital felony; to provide for the office of mental health advocacy; to provide that such office shall be a continuation of the mental health advocacy division of the Georgia Indigent Defense Council; to provide for a budget; to provide for the employment of personnel; to provide for the representation of persons adjudged or alleging insanity; to continue in effect the laws relating to the defense of indigents in capital cases for a certain period of time; to

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provide for the appointment of defense attorneys; to provide for representation upon appeal; to provide for reimbursement; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain references; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain references; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to change certain 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 certain defense of indigent persons; to provide for effective dates; 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 Chapter 12, relating of the legal defense of indigents, and inserting

in lieu thereof the following:

"CHAPTER 12

ARTICLE 1

17-12-1.

(a) This chapter shall be known and may be cited as the 'Georgia Indigent Defense Act

of 2003.'

(b) The Georgia Public Defender Standards Council shall be an independent agency

within the judicial branch of state government.

(c) The council 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 chapter.

17-12-2. As used in this chapter, the term:
(1) 'Assistant public defender' means an attorney who is employed by any circuit public defender or conflict defender office. (2) 'Circuit public defender' means the head of a public defender office providing indigent defense representation within any given judicial circuit of this state. (3) 'Circuit public defender office' means the office of any of the several circuit public defenders. (4) 'Council' means the Georgia Public Defender Standards Council. (5) 'Public defender' means an attorney who is employed in a circuit public defender office or conflict defender office or who represents an indigent person pursuant to this chapter.

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17-12-3. (a) There is created the Georgia Public Defender Standards Council to be composed of 11 members. (b) The membership of the council shall be appointed as follows:
(1) Two members shall be appointed by the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the Chief Judge of the Georgia Court of Appeals as further set forth in paragraph (2) of this subsection. The members of the council shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. These members shall serve terms of four years; (2) The members appointed pursuant to paragraph (1) of this subsection shall be chosen so that each of the ten judicial administration districts in the state are represented and so that each appointing authority shall rotate the particular judicial administration district for which he or she is responsible for appointing. The appointments shall be as follows:
(A) For the initial appointments: (i) The Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10;
(B) For the first subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; and

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(v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (C) For the second subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (D) For the third subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and (E) For the fourth subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4;

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(iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8. All subsequent appointments shall continue on, with the entire cycle starting over again as specified in subparagraph (A) of this paragraph; (3) In addition, there shall be one circuit public defender who shall serve on the council. After the initial appointments as set forth in paragraph (4) of this subsection, the circuit public defender to serve on the council shall be elected by a majority vote of all the circuit public defenders. The circuit public defender council member shall serve terms of two years; (4) All initial appointments shall be made to become members of the council on July 1, 2003, and their successors shall become members of the council on July 1 following their appointment. Notwithstanding the provisions of paragraph (3) of this subsection, the initial member representing the circuit public defenders shall be made by the Supreme Court of Georgia. The person representing the circuit defender position on the initial council shall be engaged on a full-time basis in the provision of criminal defense to the indigent; (5) Any vacancy for a member appointed pursuant to paragraphs (1) and (3) of this subsection shall be filled by the appointing authority; and (6) Any vacancy for a member appointed pursuant to paragraph (2) of this subsection shall be the successor to the circuit public defender as set forth in subsection (d) of Code Section 17-12-21. (c) In making these appointments, the appointing authorities shall seek to identify and appoint persons who represent a diversity of backgrounds and experience, and shall solicit suggestions from the State Bar of Georgia, state and local bar associations, 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. (d) This Code section shall become effective on July 1, 2003, for purposes of making the initial appointments to the council.
17-12-4. (a) The council:
(1) Shall be a legal entity; (2) Shall have perpetual existence; (3) May contract; (4) May own property; (5) May accept funds, grants, and gifts from any public or private source, which shall be used to defray the expenses incident to implementing its purposes;

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(6) May adopt and use an official seal; (7) May establish a principal office; (8) Shall appoint a director; (9) May hire such administrative and clerical personnel as may be necessary and appropriate to fulfill its purposes; and (10) Shall have such other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes. (b) The council shall establish auditing procedures as may be required in connection with the handling of public funds. The state auditor is authorized and directed to make an annual audit of the transactions of the council and to make a complete report of the same to the General Assembly. The report shall disclose all moneys received by the council and all expenditures made by the council, including administrative expense. The state auditor shall also make an audit of the affairs of the council at any time when requested to do so by a majority of the council or by the Chief Justice of the Supreme Court of Georgia. (c) The council may not provide compensation from its funds to any administrative or clerical personnel employed by the council if the personnel are then receiving retirement compensation from any retirement or pension fund created by Title 47 to provide compensation for past services as a judicial officer, prosecuting attorney, indigent defense attorney, court officer, or law enforcement officer except for county or municipal retirement funds.
17-12-5. (a) To be eligible for appointment as the councils director, a candidate shall 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 council deems appropriate. The director shall serve at the pleasure of the council and may be removed by a majority vote of the entire council. The council shall establish the directors salary.
(b)(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 chapter. 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 council, may establish divisions within the office to administer the services and programs as may be necessary to fulfill the purposes of this chapter.

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(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 chapter. (c) The director shall: (1) Prepare and submit to the council a proposed budget for the council. Said budget shall not contain any request for funding for the operation of the circuit public defender offices until the budget submission for Fiscal Year 2005. The director shall also prepare and submit an annual report containing pertinent data on the operations, costs, and needs of the council, and such other information as the council may require; (2) Develop such rules, policies, procedures, regulations, and standards as may be necessary to carry out the provisions of this chapter and comply with all applicable laws, standards, and regulations, and submit these to the council for approval; (3) Administer and coordinate the operations of the council and supervise compliance with rules, policies, procedures, regulations, and standards adopted by the council; (4) Maintain proper records of all financial transactions related to the operation of the council; (5) At the directors discretion, solicit and accept on behalf of the council any funds that may become available from any source, including government, nonprofit, or private grants, gifts, or bequests; (6) Coordinate the services of the council with any federal, county, or private programs established to provide assistance to indigent persons in cases subject to this chapter and consult with professional bodies concerning the implementation and improvement of programs for providing indigent services; (7) Provide for the training of attorneys and other staff involved in the legal representation of persons subject to this chapter; (8) Attend all council 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 council are not greater than the amounts budgeted or available from other revenue sources; and (10) Perform other duties as the council may assign.
17-12-6. (a) The council shall assist the public defenders throughout the state in their efforts to provide adequate legal defense to the indigent. Assistance may include:
(1) The preparation and distribution of a basic defense manual and other educational materials; (2) The preparation and distribution of model forms and documents employed in indigent defense; (3) The promotion of and assistance in the training of indigent defense attorneys; (4) The provision of legal research assistance to public defenders; and (5) The provision of such other assistance to public defenders as may be authorized by law. (b) The council:

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(1) Shall be the fiscal officer for the circuit public defender offices; and (2) Shall collect, maintain, review, and publish records and statistics for the purpose of evaluating the delivery of indigent defense representation in Georgia.
17-12-7. (a) All members of the council shall at all times act in the best interest of indigent defendants who are receiving legal representation under the provisions of this chapter. (b) All members of the council shall be entitled to vote on any matter coming before the council unless otherwise provided by law or by rules adopted by the council concerning conflicts of interest. (c) Each member of the council shall serve until a successor has been appointed. Removal of council members shall be for cause and shall be in accordance with policies and procedures adopted by the council. (d) Unless otherwise provided in this article, a quorum shall be a majority of the members of the council who are then in office, and decisions of the council shall be by majority vote of the members present, except that a majority of the entire council must approve the appointment or removal of the chairperson or removal of a circuit public defender for cause pursuant to Code Section 17-12-20 and an alternative delivery system pursuant to Code Section 17-12-36 and other matters as set forth in Code Section 17-12-36. (e) The council shall meet at least quarterly and at such other times and places as it deems necessary or convenient for the performance of its duties. (f) The council shall elect a chairperson and such officers from the members of the council 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 council and for cause by a majority vote of the entire council. The chairperson shall retain a vote on all matters except those in which the chairperson has a conflict of interest or the removal of the chairperson for cause. The council shall keep and maintain minutes of all council meetings. (g) The members of the council 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 council. Any expenses incurred by the council shall be paid from the general operating budget of the council.
17-12-8. (a) The council shall approve the development and improvement of programs which provide legal representation to indigent persons and juveniles. (b) The council shall approve and implement 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. Standards shall include, but shall not be limited to, the following:

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(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; (9) Standards for compensation of attorneys appointed to represent indigent persons under this article; (10) Standards for removing a circuit public defender for cause pursuant to Code Section 17-12-20; (11) Standards for a uniform definition of a 'case' for purposes of determining caseload statistics; and (12) Standards for accepting contractual indigent defense representation.
17-12-9. The council shall be authorized to conduct or approve for credit or reimbursement, or both, basic and continuing legal education courses or other appropriate training programs for the circuit public defenders or their staff members. The council, in accordance with such rules as it shall adopt, shall be authorized to provide reimbursement, in whole or in part, for the actual expenses incurred by any circuit public defender or their staff members in attending any approved course or training program from funds as may be appropriated or otherwise made available to the council. Notwithstanding any other provision of law, the circuit public defenders or their staff members shall be authorized to receive reimbursement for actual expenses incurred in attending approved courses or training programs, provided that no person shall be entitled to claim reimbursement under both this Code section and Code Section 17-1226. The council shall adopt rules governing the approval of courses and training programs for credit or reimbursement as may be necessary to administer this Code section properly.

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17-12-10. (a) The council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court of Georgia with an accurate description and accounting of the preceding years expenditures and accomplishments. (b) The council shall also provide to the General Assembly, the Governor, and the Supreme Court of Georgia a detailed analysis of all grants and funds, whether public or private, applied for or granted, together with how and in what manner the same are to be utilized and expended.
17-12-11. (a) On December 31, 2003, the Georgia Public Defender Standards Council shall assume all powers, duties, and obligations of the Georgia Indigent Defense Council created by former Code Section 17-12-31, and all references in this Code to the Georgia Indigent Defense Council shall be deemed to be references to the Georgia Public Defender Standards Council. Such powers shall include, without limitation, making grants and distributions to the counties. (b) At least 90 percent of all state appropriated funds to the former Georgia Indigent Defense Council or the Georgia Public Defender Standards Council shall be distributed to counties for the January 1, 2004, through December 31, 2004, time period, based upon previous year expenditures for the provision of defense services at the local level. (c) On December 31, 2003, the employees in good standing, assets, and resources of the Georgia Indigent Defense Council shall be transferred to the Georgia Public Defender Standards Council, and the council shall assume any executory contractual obligations of the Georgia Indigent Defense Council, provided that allocated funding resources for such obligations are also transferred. All full-time employees of the Georgia Public Defender Standards Council shall be state employees in the unclassified service of the State Merit System of Personnel Administration with all of the benefits of appointed state employees provided by law.
17-12-12. From January 1, 2005, through December 31, 2005, the Georgia Public Defender Standards Council shall coordinate the transition from the procedures for providing criminal defense to indigent persons in effect on December 31, 2004, in each county to the procedures provided in Article 1 of this chapter. On and after January 1, 2005, the provisions of Article 1 of this chapter shall govern the public provision of criminal defense to indigent persons in the courts of this state.
17-12-13. This article shall become effective on December 31, 2003, except as specified in Code Section 17-12-3.
ARTICLE 2 17-12-20. (a) There is created in each judicial circuit in the state a circuit public defender

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selection panel to be composed of five members. The membership shall be composed of one member each appointed by the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the chief judge of the superior court of the circuit. Members of the circuit public defender selection panel shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. Members of the circuit public defender selection panel shall reside in the judicial circuit in which he or she serves. The circuit public defender selection panel members shall serve for a term of five years. Any vacancy for an appointed member shall be filled by the appointing authority. (b) By majority vote of its membership, the circuit public defender selection panel shall appoint the circuit public defender in the circuit as provided in this article. The first such appointments shall be made to take office on January 1, 2005, for terms of up to four years. The initial appointments shall be for a term of up to four years. (c) A circuit public defender may be removed for cause by a majority vote of the council. (d) If a vacancy occurs for the position of circuit public defender, the chief judge of the superior court of the circuit shall appoint an interim circuit public defender to serve until the circuit public defender selection panel has appointed a replacement to serve out the unexpired term of office. The circuit public defender selection panel shall appoint a replacement circuit public defender within three months of the occurring of the vacancy.
17-12-21. To be eligible to fill the position of circuit public defender, a person must:
(1) Have attained the age of 25 years; (2) Have been duly admitted and licensed to practice law in the superior courts for at least three years; (3) Be a member in good standing of the State Bar of Georgia; and (4) If previously disbarred from the practice of law, have been reinstated as provided by law.
17-12-22. (a) The council 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) Attorneys who seek appointment in conflict cases 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 council.

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(c) The circuit public defender shall establish a method for identifying conflicts of interest at the earliest possible opportunity.
17-12-23. (a) The circuit public defender shall provide representation in the following actions and proceedings:
(1) Any case prosecuted in a superior court 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 in a superior court; (3) Any juvenile court case 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 and no more than 72 hours 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. (c) Each circuit public defender shall establish a juvenile division within the circuit public defender office to specialize in the defense of juveniles. (d) A city, county, or consolidated government may contract with the circuit public defender office for the provision of criminal defense for indigent persons accused of violating city, county, or consolidated government ordinances or state laws. If a city, county, or consolidated government does not contract with the circuit public defender office, the city, county, or consolidated government shall be subject to all applicable standards adopted by the council for representation of indigent persons in this state.
17-12-24. (a) The council shall establish guidelines for determining the financial eligibility of persons claiming indigence, and the circuit public defender and any other person or entity providing indigent defense services shall use the guidelines to determine 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. (b) The circuit public defenders shall administer and coordinate the day-to-day operations of their respective offices and shall supervise the assistant public defenders and other staff serving in the office. (c) The circuit public defender shall keep and maintain appropriate records, which 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 council.

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17-12-25. (a) Each circuit public defender shall receive an annual salary and cost-of-living adjustments from state funds as prescribed by the council. (b) The county or counties comprising the judicial circuit may supplement the salary of the circuit public defender in an amount as is or may be authorized by local Act or in an amount as may be determined by the governing authority of the county or counties, whichever is greater. (c) No circuit public defender shall engage in the private practice of law for profit.
17-12-26. (a) The council shall prepare and submit to the Judicial Council of Georgia an annual proposed budget necessary for fulfilling the purposes of this article in accordance with Code Section 45-12-78. The budget request shall be based on the previous years expenditures and budget requests submitted by each circuit public defender, the multicounty public defender office or its successor, and the office of the mental health advocate. The councils budget shall not contain any request for funding for the operation of the circuit public defender offices nor any other funding related to funding for this article until the budget submission for Fiscal Year 2005. The council 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 council 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 and the multicounty public defender office and the office of the mental health advocate. (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 council. (d) The director of the Administrative Office of the Courts shall not reduce or modify the budget of the council and may not in any manner use funds appropriated to or otherwise designated for the council.
(e)(1) Subject to the provisions of paragraphs (3) and (4) of this subsection, expenses paid by the council pursuant to this Code section shall be paid out of funds as may be appropriated by the General Assembly. (2) On or before June 1 of each year, the council shall establish and furnish to each circuit public defender and the state auditor the travel budget for each judicial circuit based on the amount appropriated by the General Assembly for travel. (3) In determining the travel budget for each judicial circuit, the council shall consider the budget request submitted by the circuit public defender of each judicial circuit, the geographic size and the caseload of each circuit, and other facts as may be relevant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each circuit public defender, the state auditor, and the legislative budget

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analyst a monthly report showing the budget amount of expenditures made under the travel budget. The council may periodically review and adjust the travel budget as may be necessary to carry out the purposes of this subsection. (4) Neither the circuit public defender nor any personnel compensated by the state pursuant to the provisions of this article shall be reimbursed from state funds for any expenses for which the person has been reimbursed from funds other than state funds; provided, however, that the governing authority of the county or counties comprising the judicial circuit are authorized to provide travel advances or to reimburse expenses which may be incurred by the person in the performance of his or her official duties to the extent the expenses are not reimbursed by the state as provided in this Code section.
17-12-27. (a) Subject to the provisions of this Code section, the circuit public defender in each judicial circuit is authorized to appoint:
(1) One assistant public defender for each superior court judge authorized for the circuit, excluding the chief judge and senior judges; and (2) Subject to funds being appropriated by the General Assembly or otherwise available, additional assistant public defenders as may be authorized by the council. In authorizing additional assistant public defenders, the council shall consider the caseload, present staff, and resources available to each circuit public defender, and shall make authorizations as will contribute to the efficiency of individual circuit public defenders and the effectiveness of providing adequate legal defense for indigent defendants. (b) Each assistant public defender appointed pursuant to subsection (a) of this Code section shall be classified based on education, training, and experience. The classes of assistant public defenders and the minimum qualifications required for appointment or promotion to each class shall be established by the council based on education, training, and experience and in accordance with the provisions of Code Sections 17-12-30 and 17-12-34. (c) Each assistant public defender appointed pursuant to this Code section shall be compensated based on a salary schedule established in accordance with subsection (c) of Code Section 17-12-30. The salary range for each class established in accordance with subsection (b) of this Code section shall be as follows: (1) Assistant public defender I. Not less than $38,124.00 nor more than 65 percent of the compensation of the circuit public defender; (2) Assistant public defender II. Not less than $40,884.00 nor more than 70 percent of the compensation of the circuit public defender; (3) Assistant public defender III. Not less than $45,108.00 nor more than 80 percent of the compensation of the circuit public defender; and (4) Assistant public defender IV. Not less than $52,176.00 nor more than 90 percent of the compensation of the circuit public defender.

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(d) All personnel actions involving attorneys appointed pursuant to this Code section shall be made by the circuit public defender in writing in accordance with the provisions of Code Section 17-12-30.
(e)(1) All salary advancements shall be based on quality of work, education, and performance. (2) The salary of an assistant public defender appointed pursuant to this Code section may be advanced one step at the first of the calendar month following the anniversary of his or her appointment. (3) Any assistant public defender who, subsequent to his or her appointment pursuant to this Code section, is awarded an LL.M. or S.J.D. degree by a law school recognized by the State Bar of Georgia from which a graduate of or student enrolled therein is permitted to take the bar examination or by a law school accredited by the American Bar Association or the Association of American Law Schools may be advanced two salary steps effective on the first day of the calendar month following the award of the degree, provided that such advancement does not exceed the maximum of the salary range applicable to the attorneys class. (f) Any assistant public defender appointed pursuant to this Code section may be promoted to the next highest class at any time the attorney meets the minimum qualifications for such class, but in order to be eligible for promotion, the attorney shall have served not less than 12 months in the class from which the attorney is to be promoted. When an assistant public defender is promoted to the next highest class, the assistant public defender shall enter the higher class at the salary step which provides an annual salary nearest to, but greater than, the annual salary the assistant public defender was receiving immediately prior to the promotion. (g) All full-time employees of the office of the circuit public defender shall be state employees in the unclassified service of the State Merit System of Personnel Administration with all benefits of such appointed state employees as provided by law.
17-12-28. (a) Subject to the provisions of this Code section, the circuit public defender in each judicial circuit is authorized to appoint one investigator to assist the circuit public defender in the performance of his or her official duties in the preparation of cases for trial. Subject to funds being appropriated by the General Assembly or otherwise available, the circuit public defender in each judicial circuit may appoint additional investigators as may be authorized by the council. In authorizing additional investigators, the council shall consider the caseload, present staff, and resources available to each circuit public defender, and shall make authorizations as will contribute to the efficiency of individual circuit public defenders and the effectiveness of circuit public defenders throughout the state in providing adequate legal defense for indigent defendants. (b) An investigator appointed pursuant to this Code section shall be not less than 21 years of age and shall serve at the pleasure of the circuit public defender. (c) An investigator appointed pursuant to this Code section shall:

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(1) Assist the attorneys within the office of the circuit public defender in the preparation of cases for preliminary hearings, pretrial hearings, and trial; and (2) Perform other duties as are required by the circuit public defender. (d) Each investigator appointed pursuant to this Code section shall be compensated based on a salary schedule established pursuant to Code Section 17-12-30. The salary range for the investigator appointed pursuant to this Code section shall be not less than $30,828.00 nor more than 70 percent of the compensation of the circuit public defender from state funds. (e)(1) Except as otherwise provided in this subsection, an investigator appointed pursuant to this Code section shall be appointed initially to the entry grade of the general pay schedule. (2) Any person who is employed in a nonstate paid investigators position within the office of the circuit public defender may be transferred to a state paid position. Such transfer shall be to the salary step which is based on the number of years the person has served in the investigator position as if the person had been initially appointed pursuant to this Code section. (3) Any person who is employed as a peace officer by an agency of the executive branch of state government who is appointed as an investigator pursuant to this Code section without a break in service may be appointed to the salary step which is one step above the annual salary the person received on the last day of employment immediately preceding said appointment. (4) Any person who was a certified peace officer employed on a full-time basis by this state, the United States or any of the several states, or a political subdivision or authority thereof, may be appointed to the salary step above the entry level based on one step for every three years experience as a full-time certified peace officer. (f) Personnel appointed pursuant to this Code section shall be reimbursed for actual expenses incurred in the performance of their official duties in accordance with the provisions of Code Section 17-12-26.
17-12-29. (a) Each circuit public defender is authorized to employ administrative, clerical, and paraprofessional personnel as may be authorized by the council based on funds appropriated by the General Assembly or otherwise available; provided, however, that each circuit public defender shall be authorized not less than two such personnel. In authorizing administrative, clerical, and paraprofessional personnel, the council shall consider the caseload, present staff, and resources available to each circuit public defender, and shall make authorizations as will contribute to the efficiency of individual circuit public defenders in providing effective criminal defense for indigent defendants. (b) Personnel appointed pursuant to this Code section shall be compensated based on a salary schedule developed in accordance with Code Section 17-12-30. (c) All personnel actions involving personnel appointed pursuant to this Code section shall be in accordance with the provisions of Code Section 17-12-30.

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17-12-30. (a) All state paid personnel employed by the circuit public defenders pursuant to this article shall be employees of the judicial branch of state government in accordance with Article VI, Section VIII of the Constitution of Georgia and shall be in the unclassified service of the State Merit System of Personnel Administration. (b) Personnel employed by the circuit public defenders pursuant to this article shall have the authority, duties, powers, and responsibilities as are authorized by law or as assigned by the circuit public defender and shall serve at the pleasure of the circuit public defender.
(c)(1) The council shall establish salary schedules for each state paid position authorized by this article or any other provision of law. Salary schedules shall be similar to the general and special schedules adopted by the State Merit System of Personnel Administration and shall provide for a minimum entry step and not less than ten additional steps, not to exceed the maximum allowable salary. In establishing the salary schedule, all amounts will be rounded off to the nearest whole dollar. The council may, from time to time, revise the salary schedule to include across-the-board increases which the General Assembly may from time to time authorize in the General Appropriations Act. (2) The circuit public defender shall fix the compensation of each state paid employee appointed pursuant to this article in accordance with the class to which the person is appointed and the appropriate step of the salary schedule. (3) All salary advancements shall be based on quality of work, training, and performance. The salary of state paid personnel appointed pursuant to this article may be advanced one step at the first of the calendar month following the annual anniversary of the persons appointment. No employees salary shall be advanced beyond the maximum established in the applicable pay schedule. (4) Any reduction in salary shall be made in accordance with the salary schedule for the position and the policies, rules, or regulations adopted by the council. (5) The compensation of state paid personnel appointed pursuant to this article shall be paid in equal installments by the Department of Administrative Services as provided by this subsection from funds appropriated for such purpose. The council may, with the consent of the Department of Administrative Services, authorize employees compensated pursuant to this Code section to participate in voluntary salary deductions as provided by Article 3 of Chapter 7 of Title 45. (6) The governing authority of the county or counties comprising a judicial circuit may supplement the salary or fringe benefits of any state paid position appointed pursuant to this article. (7) The governing authority of any municipality within the judicial circuit may, with the approval of the circuit public defender, supplement the salary or fringe benefits of any state paid position appointed pursuant to this article.

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17-12-31. (a) The circuit public defender in each judicial circuit may employ additional assistant circuit public defenders, deputy circuit public defenders, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors as may be provided for by local law or as may be authorized by the governing authority of the county or counties comprising the judicial circuit. The circuit public defender shall define the duties and fix the title of any attorney or other employee of the office of the circuit public defender. (b) Personnel employed by the circuit public defender pursuant to this Code section shall serve at the pleasure of the circuit public defender and shall be compensated by the county or counties comprising the judicial circuit, the manner and amount of compensation to be paid to be fixed either by local Act or by the circuit public defender with the approval of the county or counties comprising the judicial circuit.
17-12-32. The governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of circuit public defender may contract with the Department of Administrative Services to provide such additional personnel in the same manner as is provided for state paid personnel in this article. Any such personnel shall be considered state employees and shall be entitled to the same fringe benefits as other state paid personnel employed by the circuit public defender pursuant to this article. The governing authority of such county or municipality shall transfer to the department such funds as may be necessary to cover the compensation, benefits, travel, and other expenses for such personnel.
17-12-33. (a) Any assistant public defender or other attorney at law employed full time by the circuit public defender who is compensated in whole or in part by state funds shall not engage in the private practice of law for profit. (b) Any assistant public defender or any other attorney at law employed by the circuit public defender shall be a member of the State Bar of Georgia and shall be admitted to practice before the appellate courts of this state. The assistant public defender shall serve at the pleasure of the circuit public defender, and shall have such authority, powers, and duties as may be assigned by the circuit public defender.
17-12-34. The governing authority of the county shall provide, in conjunction and cooperation with the other counties in the judicial circuit and in a pro rata share according to the population of each county, appropriate offices, utilities, telephone expenses, materials, and supplies as may be necessary to equip, maintain, and furnish the office or offices of the circuit public defender in an orderly and efficient manner. The provisions of an office, utilities, telephone expenses, materials, and supplies shall be subject to the budget procedures required by Article 1 of Chapter 81 of Title 36.

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17-12-35. A circuit public defender office may contract with and may accept funds and grants from any public or private source.

17-12-36. (a) The council may permit a judicial circuit composed of a single county to continue in effect an alternative delivery system to the one set forth in this article if:
(1) The delivery system has a full-time director and staff and had been fully operational for at least two years on July 1, 2003; (2) The council, by majority vote of the entire council, determines that the delivery system meets or exceeds its standards, including, without limitation, caseload standards, as the council adopts; (3) The governing authority of the county comprising the judicial circuit enacts a resolution expressing its desire to continue its delivery system and transmits a copy of such resolution to the council not later than September 30, 2004; and (4) The governing authority of the county comprising the judicial circuit enacts a resolution agreeing to fully fund its delivery system. (b) A judicial circuit composed of a single county may request an alternative delivery system only one time, which request shall be made on or before September 30, 2004. (c) The council shall make a final determination with regard to continuation of an alternative delivery system not later than December 31, 2004. Initial and subsequent approvals of alternative delivery systems shall be by a majority vote of the entire council. (d) Any circuit whose alternative delivery system is disapproved at any time shall be governed by the provisions of this article other than this Code section. (e) In the event an alternative delivery system is approved, the council shall annually review the operation of such system and determine whether such system is meeting the standards as established by the council and is eligible to continue operating as an approved alternative delivery system. (f) In the event an alternative delivery system is approved, it shall keep and maintain appropriate records, which shall include the number of persons represented; the offenses charged; the outcome of each case; the expenditures made in providing services; and any other information requested by the council.

17-12-37. This article shall become effective on January 1, 2005; provided, however, that the council and the circuit public defender selection panels shall be authorized to take administrative actions as may be necessary or appropriate to prepare for and phase-in full implementation of this article on or after December 31, 2003.

17-12-40. As used in this article, the term:

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(1) 'Circuit public defender' means any circuit public defender of this state or assistants of such officer. (2) 'Criminal proceeding' means any investigation, trial, juvenile proceeding, adjudicatory hearing, or other legal proceeding by which a persons liability for a crime is investigated or determined, commencing with the investigation and including the final disposition of the case. (3) 'Law school' means a law school within or outside this state which is approved by the American Bar Association or which is authorized to operate under Code Section 20-3-250.8. (4) 'Staff instructor' means a full-time professional staff instructor of a law school in this state who has been admitted to the bar of another state but who has not yet been admitted to the bar of this state. (5) 'Third-year law student' means a student regularly enrolled and in good standing in a law school within or outside this state who has satisfactorily completed at least two-thirds of the requirements for the first professional degree in law (J.D. or its equivalent) in not less than four semesters or six quarters of residence.
17-12-41. An authorized third-year law student or staff instructor, when under the supervision of a circuit public defender, may assist in criminal proceedings within this state as if admitted and licensed to practice law in this state except that all pleadings and other entries of record must be signed by a circuit public defender or by his or her duly appointed assistant and that, in the conduct of a trial or other criminal proceeding, a circuit public defender or his or her duly appointed assistant must be physically present.
17-12-42. A third-year law student or staff instructor may be authorized to assist a circuit public defender in such form and manner as the judge of the court may prescribe, taking care that the requirements of this article and the good moral character of the third-year law student or staff instructor are properly certified by the dean of the law school.
17-12-43. As to each third-year law student or staff instructor authorized to assist a circuit public defender, there shall be kept on file in the office of the clerk of the court in the county where such authority is to be exercised the deans certificate, the students and instructors oaths, and the judges order as contemplated under Code Section 17-12-42. The authority to assist a circuit public defender as allowed under this Code section shall extend for no longer than 18 months. If during this period any change occurs in the status of the student or instructor at the law school in which he or she was enrolled or employed, that is, if the student ceases his or her enrollment, is suspended, or is expelled or if the instructor ceases his or her employment or is released by the school, any such authority shall terminate and be revoked.

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17-12-44. Any third-year law student or staff instructor authorized to assist a circuit public defender under this Code section is not required to possess the qualifications for appointment to the office of circuit public defender or appointment as an assistant circuit public defender as provided in Article 1 of this chapter.
17-12-45. This article shall become effective on January 1, 2005.
ARTICLE 4 17-12-80. As used in this article, the term 'office' means the office of the mental health advocacy created by this article.
17-12-81. There is created the office of mental health advocacy 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 office shall serve all counties of this state. The office shall be a direct successor of the mental health advocacy division of the Georgia Indigent Defense Council created by former Code Section 17-12-45 and all powers, duties, and obligations of such division shall become the powers, duties, and obligations of the office. The employees, assets, and resources of the mental health advocacy division of the Georgia Indigent Defense Council shall be transferred to the office. All references in this Code to the mental health advocacy division of the Georgia Indigent Defense Council shall be deemed to be references to the office.
17-12-82. The office 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.
17-12-83. The council shall be responsible for management of the office. 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 offices staff; (3) Approving the level of staffing and establishing policy consistent with the intent of this chapter; and (4) Preparing an annual budget for the office, administering the funds made available to the office, and overseeing the expenditure of such funds.

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17-12-84. The council shall prepare 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 shall be submitted by the mental health advocate to the council.
17-12-85. The mental health advocate shall be appointed by and shall serve at the pleasure of the council. 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 council.
17-12-86. The mental health advocate shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, paraprofessionals, administrative assistants, and any other persons as may be necessary for carrying out the responsibilities assigned to the office by law. A person employed under this Code section serves at the pleasure of the mental health advocate.
17-12-87. (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 Article 1 of this chapter, the court in which such charges are pending shall notify the office and the office may assume the defense and representation of such persons in all matters pursuant to Code Section 17-7-131 if the resources, funding, and staffing of the office allow; provided, however, that the circuit public defender or other 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 circuit public defender, the court, or the court appointed attorney from requesting the participation of the office prior to a finding of not guilty by reason of insanity at the time of the crime. The circuit public defender, the court, or the court appointed attorney may request that the office assist in the case prior to a plea being entered and accepted by the court. (c) If for any reason the office 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.
17-12-88. This article shall become effective on December 31, 2003.

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ARTICLE 5 17-12-100. As used in this article, the term 'office' means the office of the multicounty public defender created by this article.
17-12-101. There is created the office of the multicounty public 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.
17-12-102. The office of the multicounty public 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.
17-12-103. The council shall be responsible for management of the office. Managerial duties shall include, but not be limited to, the following:
(1) Appointing the multicounty public defender; (2) Establishing the salaries of the multicounty public defender and the offices staff; (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.
17-12-104. The council shall prepare 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 shall be submitted by the multicounty public defender to the council.
17-12-105. The multicounty public defender shall be appointed by and shall serve at the pleasure of the council. The multicounty public 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.
17-12-106. (a) The multicounty public defender shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, paraprofessionals, administrative assistants,

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and other persons as may be necessary for carrying out his or her responsibilities under this article. A person employed under this Code section serves at the pleasure of the multicounty public 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.
17-12-107. (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 2 of this chapter, the court in which such charges are pending shall notify the office, and the office shall assume the defense of such person if the resources, funding, and staffing of the office allow. (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, the presiding judge of the superior court in which the case is pending shall appoint one or more attorneys for the defendant. Each attorney appointed shall receive reasonable compensation for his or her services plus all reasonable and necessary expenses as determined in the discretion of the court incurred in the preparation and investigation of the case. (c) In any capital felony case where an attorney or attorneys were appointed pursuant to subsection (b) of this Code section and where there has been a conviction and a defendant desires to appeal to the Georgia Supreme Court and the defendant is indigent and unable to obtain an attorney to pursue his or her appeal, the court shall:
(1) Where the defendant has been represented by an appointed attorney, authorize the attorney to pursue the appeal or appoint another attorney to pursue the appeal; or (2) Where the defendant has not been previously represented by an appointed attorney, appoint an attorney or attorneys to pursue the appeal. (d) Upon completion of all services by an attorney appointed under subsection (b) or (c) of this Code section, the attorney shall submit to the court an affidavit containing an accurate statement of all services rendered and expenses incurred. The court, upon examination of the affidavit and approval thereof, shall discharge the attorney and shall enter an order directing the county treasurer of the county in which the defendant was indicted to pay to the attorney such amount for compensation and expenses as the court orders. (e) 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.
17-12-108. This article shall become effective on December 31, 2003, and shall apply to all cases

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except as provided in Article 6 of this chapter. This article shall be repealed by operation of law effective at 11:59 P.M. on December 31, 2004. On and after the effective date of Article 6 of this chapter, any attorney appointed pursuant to this article shall continue to represent a defendant under Article 6 of this chapter and shall be paid for services pursuant to Article 6 of this chapter.
ARTICLE 6 17-12-120. As used in this article, the term 'office' means the Office of the Georgia Capital Defender created by this article.
17-12-121. There is created the Office of the Georgia 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 and to be the successor to the office of the multicounty public defender. The office shall serve all counties of this state.
17-12-122. The Office of the Georgia 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.
17-12-123. The council shall be responsible for management of the office. Managerial duties shall include, but not be limited to, the following:
(1) Appointing the capital defender; (2) Establishing the salaries of the capital defender and the offices staff; (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.
17-12-124. The council shall prepare 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. The budget shall be submitted by the capital defender to the council and for Fiscal Year 2005 shall include the proposed budget for representation of all indigent persons accused of a capital felony for which the death penalty is or is likely to be sought.
17-12-125. The capital defender shall be appointed by and shall serve at the pleasure of the council.

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The 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 capital defender shall be established by the council.
17-12-126. (a) The capital defender shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, paraprofessionals, administrative assistants, and other persons as may be necessary for carrying out his or her responsibilities under this article. A person employed under this Code section serves at the pleasure of the 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 the person is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a capital felony.
17-12-127. (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 2 of this chapter, the court in which the charges are pending shall notify the office, and the office shall assume the defense of the person if there is no conflict of interest. (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, the presiding judge of the superior court in which the case is pending shall appoint an attorney or attorneys to represent the defendant. Counsel appointed pursuant to this subsection shall be paid with state funds appropriated to the council for use by the office. The council with the assistance of the office shall establish guidelines for attorneys fees and expense requests. (c) The office or appointed counsels defense of a defendant shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. Neither the office nor appointed counsel shall assist with any petition for a writ of habeas corpus in federal court.
17-12-128. This article shall become effective on January 1, 2005."
SECTION 2. Said title is further 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

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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 Public Defender Standards Council within 30 days following July 1, 1993, stating that funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 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 may change their election by written notice to the Georgia Indigent Defense Council Public Defender Standards Council. (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 Public Defender Standards Council for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17 circuit public defender offices. 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 Public Defender Standards Council 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 circuit public defender offices.

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(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 Public Defender Standards Council."
SECTION 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. 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 Public Defender Standards Council in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Indigent Defense Council Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 156-76.1."
SECTION 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 Public Defender Standards Council in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Indigent Defense Council Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1."
SECTION 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 Public Defender Standards Council in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The

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Georgia Indigent Defense Council Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 156-76.1."
SECTION 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 Public Defender Standards Council for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17 circuit public defender offices. 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 Public Defender Standards Council 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 circuit public defender offices. (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 Public Defender Standards Council."
SECTION 7. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking division (u)(4)(D)(iv) of Code Section 16-13-49, relating to forfeitures, and inserting in lieu thereof the following:
"(iv) Money distributed to the state pursuant to this subsection shall be paid into the general fund of the state treasury, it being the intent of the General Assembly that the same be used, subject to appropriation from the general fund in the manner provided by law, for funding of Article 2 of Chapter 12 of Title 17, 'The Georgia Indigent Defense Act,' for representation of indigents in criminal cases; for funding of the Crime Victims Emergency Fund; for law enforcement and prosecution agency programs and particularly for funding of advanced drug investigation and prosecution training for law enforcement officers and prosecuting attorneys; for drug treatment, rehabilitation, prevention, or education or any other program which responds to problems created by drug or substance

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abuse; for use as matching funds for grant programs related to drug treatment or prevention; or for financing the judicial system of the state."
SECTION 8. 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 chairperson of the Georgia Peace Officer Standards and Training Council, the chairman chairperson of the Georgia Organized Crime Prevention Council, 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 chairperson of the Georgia Public Defender Standards 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 (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. (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 shall

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be a member effective on July 1, 1997 chairperson of the Georgia Public Defender Standards Council shall become a member 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 9. 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 Public Defender Standards Council 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 Public Defender Standards Council for representation of indigent persons in this state. (h) Any municipality or municipal court may contract with the office of the circuit public defender of the judicial circuit in which such municipality is located 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."
SECTION 10. (a) Section 1 of this Act shall become effective as set forth in said section. (b) Sections 2 through 8 of this Act shall become effective on December 31, 2003. (c) Section 9 of this Act shall become effective on January 1, 2005. (d) This section and Section 11 of this Act shall become effective on July 1, 2003.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

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Senator Clay of the 37th moved that the Senate adopt the Conference Committee report on HB 770.

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
Bulloch Y Butler C Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis C Golden Y Hall
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
Lee Y Levetan Y Me V Bremen Y Moody
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
Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Tolleson Y Unterman C Williams Y Zamarripa

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 770.

The following bill was taken up to consider the Conference Committee report thereto:

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 Conference Committee report was as follows:

The Committee of Conference on HB 414 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 414 be adopted.

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Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Clay of the 37th /s/ Senator Smith of the 52nd
Senator Hall of the 22nd

/s/ Representative Jenkins of the 93rd /s/ Representative Thompson of the 69th, Post 1 /s/ Representative Randall of the 107th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 414

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 provide for concurrent grand juries; to establish procedures relating to pretrial motions, discovery, certain witnesses, and demands for trial; to create time limits for filing pretrial motions; to require that a demand for trial be filed with the clerk of court and served upon the judge assigned to hear such case; to specify when a demand for trial shall expire; to provide for procedures subsequent to appeal; to provide for procedures for a continuance when a party, attorney, or material witness is on active duty as a member of the National Guard or a reserve or active component of the armed forces of the United States; to provide for the effect of the continuance on the demand for trial; to provide for bail; to clarify provisions relating to oral scientific reports; to provide for other matters relative to the foregoing; 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 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is
amended by adding a new Code Section 17-7-55 to read as follows: "17-7-55.
In any term of court when the public interest requires it, the court may empanel one or
more concurrent grand juries in accordance with Part 1 of Article 4 of Chapter 12 of Title 15."
SECTION 2.
Said title is further amended by striking Code Section 17-7-110, relating to the indictment
or accusation and witnesses, in its entirety and inserting in lieu thereof the following: "17-7-110.
Reserved.

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All pretrial motions, including demurrers and special pleas, shall be filed within ten days after the date of arraignment, unless the time for filing is extended by the court."
SECTION 3. Said title is further amended by striking Code Section 17-7-170, relating to demands for trial, and inserting in lieu thereof the following:
"17-7-170. (a) Any person against whom a true bill of indictment or an accusation is filed with the clerk for an offense not affecting his the persons life may enter a demand for trial at the court term at which the indictment or accusation is filed or at the next succeeding regular court term thereafter; or, by special permission of the court, he or she may at any subsequent court term thereafter demand a trial. In either case, the demand for trial shall be filed with the clerk of court and served on upon the prosecutor and upon the judge to whom the case is assigned or, if the case is not assigned, upon the chief judge of the court in which the case is pending. The demand shall be binding only in the court in which the demand is filed, except where the case is transferred from one court to another without a request from the defendant. (b) If the person is not tried when the demand is made or at the next succeeding regular court term thereafter, provided at both court terms there were juries impaneled and qualified to try him, he the person, the person shall be absolutely discharged and acquitted of the offense charged in the indictment or accusation. For purposes of computing the term at which a misdemeanor must be tried under this Code section, there shall be excluded any civil term of court in a county in which civil and criminal terms of court are designated; and for purposes of this Code section it shall be as if such civil term was not held. (c) Any demand filed pursuant to this Code section shall expire at the conclusion of the trial or upon the defendant entering a plea of guilty or nolo contendere. (d) If a case in which a demand for trial has been filed, as provided in this Code section, is reversed on direct appeal, a new demand for trial must be filed within the term of court in which the remittitur from the appellate court is received by the clerk of court or at the next succeeding regular court term thereafter. (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."
SECTION 4. Said title is further amended by striking Code Section 17-8-31, relating to continuances where a party or his or her counsel is in attendance on active duty as member of the National Guard, and inserting in lieu thereof the following:
"17-8-31.

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(a) It shall be the duty of any judge of the courts of this state to continue any case in the court on or without motion when any party thereto or his or her leading attorney is absent from court when the case is reached by reason of his or her attendance on active duty as a member of the National Guard or a reserve or active component of the armed forces of the United States. The case may proceed if the party, in the absence of his or her leading attorney, or the leading attorney, in the absence of the party, announces ready for trial on the call of the case. If counsel is absent, it shall be necessary for his or her client to make oath that he or she cannot safely go to trial without the absent attorney and, if a party is absent, his or her counsel shall state in his or her place that he or she cannot safely go to trial without the client. (b) It shall be the duty of any judge of the courts of this state to continue any case in the court upon a showing by the state or the defendant that a material and necessary witness is unavailable by reason of being on active duty as a member of the National Guard or as a member of a reserve or active component of the armed forces of the United States. (c) In cases in which a demand for trial has been filed in accordance with Code Section 17-7-170 or 17-7-171, the court shall grant the continuance if the party moving for a continuance pursuant to subsection (b) of this Code section establishes by testimony, affidavits, or other evidence that:
(1) The witness is material and necessary; (2) The witness is located outside the territorial limits of the state; (3) The party has submitted a request to the proper military authorities for the testimony of the witness in accordance with Section 301 of Title 5 of the United States Code and federal regulations or directives issued by the armed forces pursuant thereto; and (4) The witness will not be available within the time limits prescribed by Code Section 17-7-170 or 17-7-171. This continuance shall toll the running of the demand for trial and shall continue the trial until the witness is released from active duty or the military makes the witness available to testify. If the witness only becomes available to testify within the last two weeks of the term of court in which the case must be tried, the case may be tried at the next succeeding term of court. (d) In any case in which the court grants the state a continuance pursuant to subsection (c) of this Code section, the defendant shall have bail set upon application to the court, except in those cases punishable by death or imprisonment for life without parole. In any case in which the defendant is accused of committing a serious violent felony, as defined by subsection (a) of Code Section 17-10-6.1, the court shall consider, but shall not be required to set bail."
SECTION 5. 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:

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"(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 reduce all relevant and material oral portions of such report to writing and shall serve 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 6. 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 reduce all relevant and material oral portions of such report to writing and shall serve opposing counsel with such portions no later than five 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 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.
Senator Clay of the 37th moved that the Senate adopt the Conference Committee report on HB 414.
On the motion, a roll call was taken, and the vote was as follows:

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Y Adelman Y Balfour Y Blitch Y Bowen Y Brown
Brush Y Bulloch Y Butler C Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort C Gillis C 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
Lee Y Levetan C 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
Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Tolleson Y Unterman C Williams Y Zamarripa

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 414.

The following bill was taken up to consider House action thereto:

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 House substitute was as follows:

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.

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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:
"(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, and other political subdivisions from enacting and enforcing tree ordinances, landscape ordinances, or streamside buffer ordinances; provided, however, such ordinances shall not apply to timber harvesting as described in subparagraph (A) of paragraph (4) of this subsection or in unzoned tracts as described in subparagraph (B) of paragraph (4) of this subsection.
(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 for or used for forestry, 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 shall also 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.
Senator Balfour of the 9th moved that the Senate agree to the House substitute to SB 207.

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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 C Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis C 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 C 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 Y Thomas,N
Thomas,R Y Thompson Y Tolleson Y Unterman C Williams Y Zamarripa

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 207.

The following bill was taken up to consider House action thereto:

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 House substitute was as follows:

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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. 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;

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(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; and (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 issue was not raised by the petitioner or the requested DNA testing was not ordered 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. (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:

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(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 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."

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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 during the pendency of the case. 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 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

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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 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 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 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

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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 or denied 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.

Senator Adelman of the 42nd moved that the Senate agree to the House substitute to SB 119.

On the motion, 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 C Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis C 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 C Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

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

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On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 119.

The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:

The Committee of Conference on HB 616 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 616 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Bulloch of the 11th /s/ Senator Williams of the 19th /s/ Senator Stephens of the 51st

/s/ Representative Parham of the 94th /s/ Representative Black of the 144th /s/ Representative Parrish of the 102nd

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 616

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 provide for making of anatomical gifts upon issuance or renewal of identification cards; to authorize a temporary drivers license for 90 days; to provide for certain use and revision of drivers operating records; to eliminate reduced license fees regarding anatomical gifts; to change certain provisions relating to examination of applicants; to change the length of Georgia residency required to obtain a veterans license; to provide that the department shall destroy surrendered licenses after recording the date of surrender; to change certain provisions relating to restrictions on ability of courts to change or modify traffic law sentences or judgments; to provide effective dates; to repeal conflicting laws; and for other purposes.

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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 40-5-6, relating to forms for making of anatomical gifts upon issuance or renewal of drivers license, by striking said Code section in its entirety and inserting in lieu thereof the following:
"40-5-6. (a) Whenever any person applies for or requests the issuance, reissuance, or renewal of any class of drivers license or identification card, the department shall furnish that person with a form, sufficient under Article 6 of Chapter 5 of Title 44, the 'Georgia Anatomical Gift Act,' for the gift of all or part of the donors body conditioned upon the donors death. If any such person, legally authorized to execute such a gift, desires to execute a gift, the department shall provide that person with appropriate assistance and the presence of the legally required number of witnesses. (b) A notation shall be affixed to or made a part of every drivers license or
identification card issued in this state indicating whether or not the licensee has executed, under Article 6 of Chapter 5 of Title 44, the 'Georgia Anatomical Gift Act,' a gift, by will or otherwise, of all or part of his body conditioned upon the donors death."
SECTION 2. Said title is further amended in Code Section 40-5-24, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses, by striking subsection (e) in its entirety and inserting in lieu thereof the following:
"(e) The department shall may issue a temporary drivers permit to an applicant for a drivers license permitting him or her to operate a specified type or class of motor vehicle while the department is completing its investigation and determination of all facts relative to such applicants eligibility to receive a drivers license. Such permit must be in his or her immediate possession while operating a motor vehicle, and it shall be invalid when the applicants license has been issued or for good cause has been refused. Such permit shall be valid for no more than 45 90 days. When a license has been refused, the permit shall be returned to the department within ten days of receipt of written notice of refusal."
SECTION 3. Said title is further amended in Code Section 40-5-25, relating to fees for instruction permits or drivers licenses, by striking subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows:
"(d)(1) The General Assembly finds that it is in the best interest of the state to encourage improved public education and awareness regarding anatomical gifts of human organs and tissues and to address the ever increasing need for donations of anatomical gifts for the benefit of the citizens of Georgia.

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(2) Notwithstanding the provisions of paragraph (2) or (3) of subsection (a) of this Code section, each applicant for the issuance, reissuance, or renewal of a Class C, M, A, or B drivers license under paragraph (2) or (3) of subsection (a) of this Code section shall accompany such application with a license fee as established by the commissioner, not to exceed $8.00, if such applicant executes an anatomical gift pursuant to Code Section 40-5-6. (3) The department shall make available to those federally designated organ procurement organizations the name, license number, date of birth, and most recent address of any person who obtains a drivers license with the reduced fee provided for in paragraph (2) of this subsection executes a gift of all or part of the donors body as provided for in Code Section 40-5-6. Information so obtained by such organizations shall be used for the purpose of establishing a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated."
SECTION 4. Said title is further amended by striking Code Section 40-5-27, relating to examination of applicants, and inserting in lieu thereof the following:
"40-5-27. (a) The department shall examine every applicant for a drivers license. Such examination shall include a test of the applicants eyesight, his or her ability to understand official traffic-control devices, and his or her knowledge of safe driving practices and the traffic laws of this state and shall also include a comprehensive onthe-road driving test during which the applicant shall be required to fully demonstrate his or her ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive; provided, however, that the on-the-road driving test requirement shall not apply to any applicant for a Class C drivers license who holds a Class D drivers license issued on or after January 1, 2002. Applicants 18 years of age and older with valid and current licenses issued by another state of the United States or the District of Columbia who surrender their previous licenses to obtain a Georgia license shall or submit a certified copy of the driver operating record from the prior state of licensure may be exempt from taking such tests other than tests of eyesight. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicants fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license. (b) The department shall make provision for giving an examination either in the county where the applicant resides or at another place reasonably convenient to the applicant. The examination, with the exception of those required for a commercial drivers license, commercial drivers license permit, or noncommercial Class A, B, or M license, shall be given at least once each month in each county of the state.

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(c)(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, no drivers license shall be issued to any person who does not have a visual acuity of 20/60, corrected or uncorrected, in at least one eye or better and a horizontal field of vision with both eyes open of at least 140 degrees or, in the event that one eye only has usable vision, horizontal field of vision must be at least 70 degrees temporally and 50 degrees nasally. (2) A person whose visual acuity is less than 20/60 but better than 20/200 using spectacles, contact lenses, or the carrier portion of bioptic spectacles shall be considered eligible for a drivers license if the person is not otherwise disqualified from having a drivers license under the provisions of this article and if:
(A) The person can attain a visual acuity of at least 20/60 through utilizing bioptic telescopes; (B) The telescopes are prescribed by a licensed optometrist or ophthalmologist; (C) The person presents documentation of having satisfactorily completed training in the use of the bioptic telescope as certified by the prescribing doctor; (D) The person presents documentation of an on-the-road evaluation and having satisfactorily completed any recommended training in driving while using bioptic telescopes from a certified drivers license examiner; (E) The person completes a standard drivers education course while using the bioptic telescopes subsequent to completing evaluation or training with a drivers license examiner; and (F) The person presents said documentation to a department operated test site and passes a drivers test examination administered by the department. (3) A person who is licensed to drive using bioptic telescopes shall be subject to possible restrictions placed on his or her license as determined and recommended by the prescribing optometrist or ophthalmologist or the drivers license examiner. Any recommended restrictions shall be reported to the department in writing at the time the person presents himself or herself for a drivers test examination. Restrictions may include daylight driving only, outside rear-view mirrors, certain area and time restrictions, no interstate driving, yearly reevaluations by an optometrist or ophthalmologist, and other such restrictions. Any restrictions shall be eligible for review and reconsideration after one year by completing all of the steps described in subparagraphs (A) through (F) of paragraph (2) of this subsection, including completing any additional possible testing under special conditions, as determined by the optometrist or ophthalmologist. (4) The user of a bioptic telescope shall require renewal of his or her license biennially. The person must be reevaluated at least biennially by an optometrist or ophthalmologist and must biennially pass the drivers road test examination administered by the department. A certification by the optometrist or ophthalmologist that the users visual acuity, visual field, and eye health remain stable shall be presented to the department at the time of the biennial road test examination. In the event that changes in vision are determined, the persons license shall expire and the person must successfully repeat all of the steps described in subparagraphs (A)

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through (F) of paragraph (2) of this subsection in order to have his or her license reinstated."
SECTION 5. Said title is further amended by striking paragraph (1) of subsection (c) of Code Section 40-5-36, relating to veterans licenses, honorary licenses, and other distinctive licenses, and inserting in lieu thereof the following:
"(1) Veterans who were residents of Georgia at the time of enlistment or commissioning and are residents at the time of application for the license, or who have been residents of Georgia for at least five two years immediately preceding the date of application for the license, who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or any conflict when personnel were committed by the President of the United States, whether or not such veteran was assigned to a unit or division which directly participated in such war or conflict, except for periodic transfer from reserve status to active duty status for training purposes, and who were discharged or separated under honorable conditions; and".
SECTION 6. Said title is further amended by striking subsection (a) of Code Section 40-5-53, relating to surrender of a drivers license upon conviction and forwarding of a drivers license with a citation to the department, and inserting in lieu thereof the following:
"(a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension or revocation of the license of such person by the department, 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 the same to the department, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction. Notwithstanding any other provision of this title, the department shall retain possession of any suspended drivers licenses forwarded to it under this or any other provision of law if the licenses expiration date, as shown on the drivers license, is one year or more away. The department shall return the issue a replacement drivers original license upon payment of the applicable reinstatement fee if such driver applies for and is granted reinstatement while the original license is in the possession of the department prior to the expiration date of the original license. No additional fee shall be required for the return of such original license. The department may shall destroy a suspended license any surrendered license after recording the date of such surrender on the drivers operating record if the licenses expiration date, as shown on the license, is less than one year away."
SECTION 7. Said title is further amended by striking Code Section 40-13-32, relating to restrictions on ability of courts to change or modify traffic law sentences or judgments, and inserting in lieu thereof the following:

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"40-13-32. (a) No court having jurisdiction over cases arising out of the traffic laws of this state or the traffic laws of any county or municipal government shall change or modify a traffic law sentence or judgment rendered pursuant to a conviction, plea of guilty, or plea of nolo contendere after 90 days from the date of judgment, except for the purpose of correcting clerical errors therein, unless there is strict compliance with all of the following requirements:
(1) A motion to change or modify the sentence or judgment is made by the defendant to the court rendering the judgment; (2) Notice, including a copy of the motion and rule nisi, is given to the prosecuting official who brought the original charge at least ten days prior to the motion hearing; and (3) A hearing is held with opportunity for the state to be heard. (b) If the original judgment is changed or modified pursuant to this Code section, the judge shall certify to the Department of Motor Vehicle Safety that such change or modification is a true and correct copy of the change or modification and that the requirements set forth in paragraphs (1) through (3) of subsection (a) of this Code section have been met. (c) Except for orders correcting clerical errors, the Department of Motor Vehicle Safety shall not recognize as valid any change or modification order nor make any changes to a drivers history unless such change or modification as submitted to the department is in strict compliance with the requirements set forth in subsections (a) and (b) of this Code section. Whenever a certified copy of a change or modification order is submitted to the department in strict compliance with the requirements of subsections (a) and (b) of this Code section, the department shall upon receipt of such order revise its record of the drivers history accordingly. (d) In the case of municipal courts, notice to the city attorney, or to the solicitor in those cases where the municipal court has a solicitor, shall be deemed to be notice as provided for in this Code section. (e) In all cases wherein notice is required in this Code section, same shall be deemed sufficient if sent by certified mail or statutory overnight delivery, return receipt requested, with adequate postage thereon, to the correct address of the prosecuting official. (f) Notwithstanding other laws and specifically notwithstanding Code Section 17-7-93, a motion to change or modify a traffic law sentence or judgment may, at any time prior to the expiration of the term of court following the term at which judgment and sentence were pronounced or within 90 days of the time judgment and sentence were pronounced, whichever time period is greater, be made by the defendant and accepted by the court as provided in this Code section."
SECTION 8. (a) Sections 1, 3, and 6 of this Act shall become effective October 1, 2003. (b) Sections 2, 4, 5, and 7 of this Act shall become effective July 1, 2003.

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SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Senator Bulloch of the 11th moved that the Senate adopt the Conference Committee report on HB 616.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Blitch Bowen Y Brown Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay N Collins Y Crotts Y Dean Y Fort Y Gillis C 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
Lee Y Levetan C Me V Bremen Y Moody Y Mullis
Price Y Reed Y Seabaugh

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

On the motion, the yeas were 43, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 616.

Senator Unterman of the 45th asked unanimous consent that the following resolution, Tabled on April 22, 2003, be taken from the Table:

SR 431. By Senators Unterman of the 45th, Price of the 56th, Stephens of the 51st and Seabaugh of the 28th:

A RESOLUTION to create the Senate Study Committee on Location of Electric Transmission Lines; and for other purposes.

The consent was granted, and SR 431 was taken from the Table and continued upon its passage.

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Senators Thompson of the 33rd and Lamutt of the 21st offered the following amendment #1:
Amend SR 431 by adding, following the last line on the last page of Senate Resolution 431, the verbage that constitutes the creation and operation of the Senate Study Committee on the Insurance Rate Making Process as outlined in SR 445.
On the adoption of the amendment, the yeas were 33, nays 7, and the Thompson, Lamutt amendment #1 was adopted.
Senators Shafer of the 48th and Unterman of the 45th offered the following amendment #2:
Amend SR 431 by inserting after "Lines;" on line 1 of page 1 "to create the Senate Teleworking Study Commission;" and by inserting after line 2 of page 1 "PART I".
By inserting after line 11 of page 2 the following:
"PART II
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Teleworking Study Commission to be composed of five members of the Senate appointed by the Senate Committee on Assignments which shall also designate a member of the commission as chairperson. The chairperson shall call all meetings of the commission. The commission shall undertake a study of how teleworking may alleviate traffic congestion in metropolitan Atlanta. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient. The members of the commission shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days. The funds necessary to carry out this resolution shall come from the funds appropriated to the Senate. In the event the commission makes a report of its findings and recommendations, such report shall be made on or before December 31, 2003, at which time the commission shall stand abolished."
On the adoption of the amendment, the yeas were 36, nays 0, and the Shafer, Unterman amendment #2 was adopted.
Senators Seabaugh of the 28th and Unterman of the 45th offered the following amendment #3:
Amend SR 431 by striking lines 15 through 18 of page 1 and inserting in lieu thereof the following: "of the committee. The committee shall meet at the call of the chairperson."

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On the adoption of the amendment, the yeas were 35, nays 0, and the Seabaugh, Unterman amendment #3 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 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
Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley
Tate Y Thomas,D
Thomas,N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

The following bill was taken up to consider House action thereto:

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.

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The House amendment was as follows:

Amend the Senate substitute to HB 194 by striking lines 6 and 7 of page 2 and inserting
in lieu thereof the following: "chapter; to provide for related matters; to repeal conflicting laws; and".

By striking lines 2 through 21 of page 21 and inserting in lieu thereof the following: "endorsed by the International Sport Combat Federation (ISCF).'"

Senator Kemp of the 46th moved that the Senate agree to the House amendment to the Senate substitute to HB 194.

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 C 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 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 Y Thomas,N Y Thomas,R Y Thompson Y Tolleson
Unterman Y Williams Y Zamarripa

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 194.

Senator Lee of the 29th asked unanimous consent that the following bill, Tabled on April 22, 2003, be taken from the Table:

HB 301. By Representative Crawford of the 91st:

A BILL to amend Chapter 13 of Title 9 of the Official Code of Georgia

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2967

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.

Senate Sponsor: Senator Lee of the 29th.

The consent was granted, and HB 301 was taken from the Table and continued upon its passage.

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
Fort Y Gillis C Golden Y Hall Y Hamrick

Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson
Kemp,B Y 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
Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley
Tate 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.

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

Senator Hill of the 4th asked unanimous consent that the following bill, Tabled on April 22, 2003, be taken from the Table:

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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 employees of public or nonprofit critical access hospitals in certain state benefits plans; and for other purposes.
Senate Sponsor: Senator Hill of the 4th.
The consent was granted, and HB 638 was taken from the Table and continued upon its passage.
The Senate Insurance and Labor Committee offered the following substitute to HB 638:
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 include employees of federally qualified health centers in the state health insurance plan; to include public employees of critical access hospital authorities and of federally qualified health centers in certain state benefits plans; 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 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefits plans, is amended by striking Code Section 45-18-7.7, relating to employees and dependents of critical access hospitals in health plans, and inserting in its place the following:
"45-18-7.7. The board is authorized to contract with any public or nonprofit critical access hospital or federally qualified health center that meets such requirements as the department may establish for the inclusion of the employees and dependents of such critical access hospitals or federally qualified health centers in any health plan established under this article. It shall be the duty of such critical access hospital or federally qualified health center to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required under the boards regulations. In addition, it shall be the duty of such critical access hospital or federally qualified health center to make the employer contributions required for the operation of such plan."

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SECTION 2. Said chapter is further amended by striking Code Section 45-18-32, relating to administration of plans and participation by employees of county boards of health, school systems, and other groups, and inserting in its place the following:
"45-18-32. The State Personnel Board shall administer any deferred compensation plan provided for the employees of the state. Employees of the county boards of health receiving financial assistance from the Department of Human Resources may, with the approval of the State Personnel Board and the approval of such organizations, participate in the state plan. Employees of county and independent school systems may, with the approval of the State Personnel Board and the approval of such systems, participate in the state plan. Employees of the Lake Allatoona Preservation Authority, the Georgia Federal-State Shipping Point Inspection Service, and the Georgia Firefighters Pension Fund may, with the approval of the State Personnel Board and the approval of such organizations, participate in the state plan. Public employees of any critical access hospital authority or federally qualified health center may, with the approval of the State Personnel Board and the approval of such hospital authority or health center, participate in the state plan. The State Personnel Board shall investigate and approve a deferred compensation plan which gives the employees of the state income tax benefits in connection with plans authorized by the United States Internal Revenue Code, so that compensation deferred under such plan shall not be included for purposes of computation of any federal income tax withheld on behalf of any such employee or payable by such employee before any deferred payment date. All contributions to the deferred compensation plan shall also be exempt from state withholding tax as long as such contributions are not includable in gross income for federal income tax purposes. The governing body of a city, county, or other political subdivision may appoint an administrator for all deferred compensation plans, whose duties shall include the administration of the plan and the investigation and approval of the plan or plans. All such plans shall provide tax deferral benefits for the respective employees in a manner similar to that of the plan for state employees."
SECTION 3. Said chapter is further amended by striking paragraph (3) of Code Section 45-18-50, relating to definitions, and inserting in its place the following:
"(3) 'Employee' means a member of the General Assembly or a person who works full time for the state and receives his or her compensation in a direct payment from a department, agency, authority, or institution of state government; a county department of family and children services or a county department of health; the Federal-State Shipping Point Inspection Service; the Georgia Firefighters Pension Fund; any person who works full time for any critical access hospital authority or federally qualified health center; a member of any local board of education; and public schoolteachers school teachers and public school employees as defined in Code

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Sections 20-2-880 and 20-2-910, exclusive of the members, employees, and officials of the Board of Regents of the University System of Georgia."
SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 45-18-52, relating to establishment of flexible employee benefit plans, and inserting in its place the following:
"(a) The council is authorized to establish a flexible employee benefit plan for employees of the state, and public schoolteachers school teachers, and public school employees, and public employees of any critical access hospital authority or federally qualified health center and to promulgate rules and regulations for its administration, subject to the limitations contained in this article and in Articles 1 and 2 of this chapter. The flexible employee benefit plan may provide for deductions or salary reductions for group life insurance, group property and casualty insurance, disability insurance, supplemental health and accident insurance, health care or dependent care spending accounts as authorized under Section 125 of the United States Internal Revenue Code of 1986, other types of employee welfare benefits, or for salary reductions for health premiums under Article 1 of this chapter and Code Sections 20-2-880 and 20-2-910. The council may establish rating categories for disability insurance based on eligibility for coverage by the disability program of the Social Security Administration. At the councils discretion, any of the insurance or other type of employee welfare benefits authorized by this Code section may be operated as a self-insured plan in whole or in part or by contract with any company authorized to transact such business in this state. Except as provided in Code Section 45-18-30, Code Sections 20-2-880 and 20-2-910, and as implemented prior to January 1, 1986, the council is authorized to establish the plan or plans in connection with plans authorized by the United States Internal Revenue Code for the purpose of income tax advantage."
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.
Senator Henson of the 41st offered the following amendment #1:
Amend the Senate Insurance and Labor Committee substitute to HB 638 by inserting on line 3 of page 1 after the word and symbol "plan;" the following:
"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, or after 30 years of actual service to a community

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2971

service board regardless of age; to provide for employer and employee contributions;"
By inserting following line 22 of page 1 the following:
"SECTION 1A. Said chapter is further amended by inserting immediately following Code Section 45-187.7, relating to employees and dependents of critical access hospitals in health plans, a new Code section to read as follows:
'45-18-7.8. The board is authorized to contract for the continuation of coverage in any health insurance plan established under this article for their employees and their eligible dependents with the community service boards created by Chapter 2 of Title 37 for the inclusion of employees who retire on or after July 1, 2003, with at least ten years of actual service to a community service board after having attained the age of 60 years, or after 30 years of actual service to a community service board regardless of age, and the spouses and dependent children of such employees, as defined by the regulations of the board, in any health insurance plan or plans established under this article. It shall be the duty of each community service board to collect such payment from its qualified retired employees or dependents as may be required under the boards regulations. In addition, it shall be the duty of each community service board to make the employer contributions required for the operation of such plan or plans; provided, however, that each community service board shall be liable for the entire amount due without regard to whether it has received the employees share.'"
On the adoption of the amendment, the yeas were 34, nays 0, and the Henson amendment #1 to the committee substitute was adopted.
Senator Williams of the 19th offered the following amendment #2:
Amend the committee substitute to HB 638 by inserting on line 3 of page 1 after the word and symbol "plan;" the following:
"to provide for a report on the fiscal condition of the state employees health insurance plan;".
By adding after line 22 of page 1 the following:
"SECTION 1A. Said chapter is further amended by adding following Code Section 45-18-19, relating to confidentiality of claim forms and records, a new Code section to read as follows:
'45-18-20. The commissioner shall provide to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the appropriations

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committees of the Senate and the House of Representatives by February 1 of each
year a status report on the fiscal condition of the state employees health insurance
plan, and by March 1 of each year, the proposed schedule of premiums, deductibles, and employee cost sharing for the next open enrollment period.'"

On the adoption of the amendment, the yeas were 30, nays 0, and the Williams amendment #2 to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 32, 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
Dean Y Fort
Gillis C Golden Y Hall
Hamrick

Harbison Y Harp Y Henson Y Hill
Hooks Y Hudgens Y Jackson
Johnson C Kemp,B N 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
Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 42, nays 1.

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

The following bill was taken up to consider House action thereto:

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2973

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 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.

The House amendment was as follows:

Amend SB 222 by striking lines 17 through 21 of page 1 and inserting in lieu thereof the following:
"shall be composed of 35 members as follows: (1) Seventeen members to be appointed by the Cobb County House delegation, four of whom shall reside in the territory of Cobb County comprised of House Districts 26, 28,
32, and 35 and be appointed by members of the delegation who represent such districts, six of whom shall reside in the territory of Cobb County comprised of House Districts
33 and 34 and be appointed one each by the members of the delegation representing Posts 1, 2, and 3 of the respective House District, and seven of whom shall reside in the territory of Cobb County comprised of"

Senator Thompson of the 33rd moved that the Senate agree to the House amendment to SB 222.

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
Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins

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

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

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Y Crotts Y Dean Y Fort Y Gillis C Golden Y Hall
Hamrick

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

Thomas,R Y Thompson Y Tolleson Y Unterman
Williams Y Zamarripa

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 222.

Senator Gillis of the 20th asked unanimous consent that the following bill, Tabled on April 22, 2003, be taken from the Table:

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.

Senate Sponsor: Senator Gillis of the 20th.

The consent was granted, and HB 517 was taken from the Table and continued upon its passage.

The Senate Finance Committee offered the following amendment:

Amend HB 517 by inserting after "16-9-20" on line 1 on page 2 "and Code Section 13-615".

On the adoption of the amendment, the yeas were 30, 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

Harbison Y Harp

E Seay Y Shafer

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2975

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

Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson C 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 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
Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 42, nays 0.

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

The following bill was taken up to consider House action thereto:

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.

Senator Cagle of the 49th moved that the Senate recede from its substitute to HB 556.

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 Harbison Y Harp Y Henson Y Hill Y Hooks

E 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 C Golden Y Hall
Hamrick

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

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

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate receded from its substitute to HB 556.

Senator Henson of the 41st asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman was excused.

Senator Lamutt of the 21st asked unanimous consent that the following bill, Tabled on April 22, 2003, be taken from the Table:

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.

Senate Sponsor: Senator Balfour of the 9th.

The consent was granted, and HB 846 was taken from the Table and continued upon its passage.

Senators Lamutt of the 21st and Stephens of the 51st offered the following amendment #1:

Amend HB 846 by striking lines 1 through 5 of page 1 and inserting in lieu thereof the

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2977

following: "To amend Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to provide for the writing off of small amounts due to
institutions under the Board of Regents of the University System of Georgia; to provide
for movable personal property of institutions under the Board of Regents of the
University System of Georgia; to amend Part 2 of Article 2 of Chapter 3 of Title 20 of
the Official Code of Georgia Annotated, relating to the university system, so as to
provide that certain revenue of the university system shall not lapse; to provide for related matters; to repeal conflicting laws; and for other purposes."

By striking in their entirety Sections 1 through 14 and inserting in lieu thereof the

following:

"SECTION 1.

Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public

property, is amended by striking subsection (a) of Code Section 50-16-161, relating to

movable personal property, and inserting in lieu thereof the following:

'(a) This part shall apply to movable personal property for all state agencies,

authorities, and entities except for those agencies, authorities, and entities provided for

in subsection (a) of Code Section 50-16-161.1, which shall be defined as any item

which meets the following criteria:

(1) Any item which is basically nonconsumable and nonexpendable in nature, such as

motor vehicles, mechanized and nonmechanized equipment, office equipment,

appliances, etc.;

(2) Any item with an estimated usable life expectancy of three or more years and an

item acquisition cost of $1,000.00 or more; or

(3) Any item or items which an agency feels should be included in its personal

property inventory even though it fails to meet the criteria outlined above.'

SECTION 2. Said chapter is further amended by inserting immediately following Code Section 50-16161 a new Code Section 50-16-161.1 to read as follows:
'50-16-161.1 (a) This Code section shall apply to movable personal property for institutions under the Board of Regents of the University System of Georgia, which shall be defined as any item which meets the following criteria:
(1) Any item which is basically nonconsumable and nonexpendable in nature, including, but not limited to, motor vehicles, mechanized and nonmechanized equipment, office equipment, appliances; (2) Any item with an estimated usable life expectancy of three or more years and an item acquisition cost of $3,000.00 or more; or (3) Any item or items which an agency determines should be included in its personal property inventory even though it fails to meet the criteria of paragraph (1) or (2) of this subsection.

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(b) The Department of Administrative Services shall be authorized to include or exclude items from the inventory as it deems necessary; and the determination shall be binding upon the various departments, boards, bureaus, commissions, institutions, and other agencies of the state government.'
SECTION 3. Said chapter is further amended by striking subsection (b) of Code Section 50-16-18, relating to writing off small amounts due to the state, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) All state agencies and departments, in order to preserve public funds, are authorized to develop appropriate standards, in conjunction with the Department of Audits and Accounts, which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount unless the agency or department belongs to the Board of Regents of the University System of Georgia in which case the obligation or charge in favor of the institution under the Board of Regents of the University System of Georgia may be $3,000.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less, or $3,000.00 or less for the institutions of the Board of Regents of the University System of Georgia, has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the publics financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state auditor in a manner and at such times as are reflected in the standards developed by the state auditor and the state agency or department.'
SECTION 4. Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia annotated, relating to the university system, is amended by inserting at the end thereof a new Code Section 20-3-86 to read as follows:
'20-3-86. Revenue collected by any or all institutions in the university system from continuing education fees, technology fees, or indirect cost recoveries shall not lapse.'"

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2979

By redesignating Section 15 as Section 5.
On the adoption of the amendment, the yeas were 29, nays 0, and the Lamutt, Stephens amendment #1 was adopted.
Senators Crotts of the 17th, Smith of the 25th and Thomas of the 10th offered the following amendment #2:
Amend HB 846 by inserting between "revision;" and "to" on line 5 of page 1 the following:
"to change the composition of certain state senatorial districts;"
By inserting between lines 9 and 10 of page 5 the following:
"SECTION 6A. Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications of the Senate, is amended in subsection (a) by striking the description of senatorial districts 10, 17, and 25 and inserting in their place the description of senatorial districts 10, 17, and 25 attached to this Act and made a part hereof and further identified as: 'Plan Name: s17-10-25amd Plan Type: Senate User: Linda Administrator: S017'."
By adding following line 16 of page 8 the following:
"Plan Name: s17-10-25amd Plan Type: Senate User: Linda Administrator: S017 Redistricting Plan Components Report District 010 DeKalb County
Tract: 209 BG: 2 2006 2007 2008 2009 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 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 BG: 4 Tract: 234.04 Tract: 234.05 BG: 1 BG: 2 BG: 3

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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 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2013 2014 BG: 3 Tract: 234.13 BG: 1 1002 1003 1004 1005 Tract: 234.14 BG: 1 1011 1012 1013 1014 Tract: 234.15 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1023 1998 BG: 4 Tract: 235.04 Tract: 235.05 BG: 1 1012 1013 BG: 2 2007 2008 2011 2012 2013 2014 Tract: 235.06 BG: 2 2011 2012 2023 2024 2025 BG: 4 4009 4010 4011 4012 4014 4015 4016 4017 4018 Tract: 235.07 BG: 2 2000 2001 2003 2004 2005 2006 2007 BG: 3 Tract: 236.01 BG: 1 BG: 2 BG: 3 3000 3004 3005 3006 3008 3009 Tract: 236.02

FRIDAY, APRIL 25, 2003
BG: 1 BG: 2 2007 2008 2009 Tract: 236.03 Tract: 237 Tract: 238.01 Tract: 238.02 Tract: 238.03
Henry County Tract: 701.01 Tract: 701.02 Tract: 701.05 BG: 1 1002 1146 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2024 2025 2027 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 Tract: 701.06 BG: 1 1000 1001 1002 1003 1004 1008 1009 1011 1019 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2013 2014 2015 2016 2017 2018 2019 2020 Tract: 702.01 BG: 1 BG: 2 2000 2001 2002 2008 2009 2010 2011 2012 2013 2021 2022 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 Tract: 702.02 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1021 1022 1023 BG: 2 2006 2007 2008 2013 2014 2015 2016 2017 2018 2019 2020 2025 2026 2027 2028 2029 Tract: 702.03 BG: 1 1029 Tract: 703.03 BG: 1 1008 1009 1010 1011 1012 1013 1016 1017 1018 1019 1032 1033

2981

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JOURNAL OF THE SENATE

1034 1035 1036 1037 1038 1039 1040 1041 1042 1047 1048 1068 1069 1070 1071 1072 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 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 2032 2033 2034 2036 2037 2038 2039 2040 2041 2042 2043 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 BG: 3 3000 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 3049 3051 3052 3053 3054 3055 3067 3068 3069 3070 3071 3072 3073 Tract: 703.04 BG: 1 1003 1018 1019 1021 1022 1023 1024 1025 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1997 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
District 017 Butts County
Tract: 1501 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 1066 1068 1069 1072 1073 1074 1075 1076 1993 1994 1995 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 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2996

FRIDAY, APRIL 25, 2003
2997 2998 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 3024 3025 3026 3028 3029 3030 3031 3997 3999 Tract: 1502 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1028 1029 1030 1031 1032 1033 1034 1035 1036
Fayette County Tract: 1404.05 BG: 2 2007 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 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 BG: 1 1000 1001 1002 1003 1004 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1048 1049 1050 1051 1052 1053 1997 1998 1999
Henry County Tract: 701.04 BG: 1 1042 1046 1049 1050 1051 1052 1053 1054 1055 1056 1065 1066 1067 1068 1069 BG: 2 2002 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 Tract: 702.02 BG: 1 1000 1001 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1024 1025 1026 BG: 2 2000 2001 2002 2003 2004 2005 2009 2010 2011 2012 2021 2022 2023 2024 2998 2999 Tract: 702.03 BG: 1

2983

2984

JOURNAL OF THE SENATE

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 1033 1034 1035 1036 1037 1038 BG: 2 Tract: 703.03 BG: 2 2029 2030 2031 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 BG: 3 3001 3002 3044 3045 3046 3047 3048 3050 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 Tract: 703.04 BG: 1 1000 1001 1002 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1020 1026 1027 1028 1998 1999 BG: 3 3037 3038 Tract: 703.05 BG: 1 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 BG: 2 Tract: 703.06 Tract: 704.01 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 2028 2035 2036 2058 2059 2060 2088 BG: 3 3018 3019 3020 3021 3022 3023 Tract: 704.02 Tract: 705
Jasper County Tract: 9901 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

FRIDAY, APRIL 25, 2003
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 1108 1109 1997 1998 1999 Tract: 9903 BG: 1 1000 1001 1002 1018 1019 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1104 BG: 2 2014 2015 2017 2018 2019 2020 2021 2098 2099 2100 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 3059 3060 3079 3080 3081 3998 3999
Newton County Tract: 1001 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 1043 1044 1045 1046 1047 1048 1049 1050 1053 1064 1073 1074 1075 1076 1077 1078 1998 1999 BG: 2 2104 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2996 2997 Tract: 1002 BG: 1 1068 1069 1070 1073 1074 1076 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2020 2030 2031 2032 2033 2034 2035 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

2985

2986

JOURNAL OF THE SENATE

2998 2999 BG: 3 BG: 4 Tract: 1003 BG: 3 3018 3019 3021 3022 3023 3024 3025 Tract: 1004 BG: 1 1071 1072 Tract: 1005 BG: 1 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 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1097 1099 1100 1101 1111 1113 1114 1115 1116 1117 1118 1119 Tract: 1006 BG: 1 1061 Tract: 1008 Tract: 1009 BG: 1 BG: 2 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2997
Putnam County Tract: 9601 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 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 1133 1134 1135 1136 1137 1138 1151 1152

FRIDAY, APRIL 25, 2003
1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 BG: 2 2000 2001 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 2997 2998 2999 Tract: 9602 BG: 1 1000 1001 1002 1003 1004 1005 1006 1041 1999 Tract: 9603 BG: 1 BG: 2 2023 2024 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2049 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 2997 2998 2999
Rockdale County Tract: 603.07 BG: 3 3035 Tract: 604.03 BG: 1 1006 1007 1008 Tract: 604.04 Tract: 604.05 BG: 1 1000 1001 1002 1003 1004 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 BG: 2 Tract: 604.06 Tract: 604.07
Spalding County Tract: 1601 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

2987

2988

JOURNAL OF THE SENATE

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 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2014 Tract: 1603 BG: 1 1000 1001 1002 1003 1004 1005 Tract: 1605 BG: 1 1000 1001 1002 1005 1032 1033 1034 1035 1036 1037
Walton County Tract: 1105.01 BG: 1 1018 1019 1020 1021 1022 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 1076 1077 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 Tract: 1106 BG: 1 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 1038 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 1998 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2046 2047 2048 2050 2051 2052 2056 2057 2999 Tract: 1108 BG: 1 1013 1051 1052 1053 1054

FRIDAY, APRIL 25, 2003
District 025 Baldwin County
Greene County Tract: 9501 BG: 1 1038 1046 1048 1049 1050 BG: 2 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2038 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 2986 2987 2988 2989 2990 2991 2992 2993 2994 2995 2996 2998 2999 Tract: 9503 Tract: 9504 Tract: 9505
Hancock County
Jones County Tract: 302 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 1033 1034 1035 1036 1037 1038 Tract: 303.02 BG: 1 1000 1001 1002 1003 1004 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2022 2023 2024 2025 2026 2027 2028 2029 2030 2058 2059 2060 2997 2998 2999
Morgan County
Newton County Tract: 1001 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1051 1052 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1065 1066 1067 1068 1069 1070 1071 1072

2989

2990

JOURNAL OF THE SENATE

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 2105 2998 2999 Tract: 1002 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 1071 1072 1075 1077 1078 1079 1080 1995 1996 1997 1998 1999 BG: 2 2019 2021 2022 2023 2024 2025 2026 2027 2028 2029 2036 2037 Tract: 1003 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3020 Tract: 1004 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 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 BG: 2 BG: 3 Tract: 1005 BG: 1 1000 1001 1002 1003 1004 1005 1006 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1095 1096 1098 1102

FRIDAY, APRIL 25, 2003
1103 1104 1105 1106 1107 1108 1109 1110 1112 1999 Tract: 1006 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 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 1999 Tract: 1007 Tract: 1009 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2998 2999
Putnam County Tract: 9601 BG: 1 1056 1057 1126 1127 1128 1129 1130 1131 1132 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2051 2052 2053 2996 Tract: 9602 BG: 1 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 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 1996 1997 1998 BG: 2 BG: 3 BG: 4 BG: 5 BG: 6 BG: 7 Tract: 9603

2991

2992

JOURNAL OF THE SENATE

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 2025 2026 2027 2045 2046 2047 2048 2050 2083 2084 2996
Walton County Tract: 1101 BG: 2 2011 2021 2054 2055 Tract: 1102 BG: 2 2065 2066 2067 2068 2069 2070 2071 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 Tract: 1103 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 3023 Tract: 1104 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 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 1997 1998 1999 BG: 2 Tract: 1106 BG: 1 1000 1035 1036 1037 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1997 1999 BG: 2 2020 2021 2022 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2049 2053 2054 2055 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 Tract: 1107 Tract: 1108 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 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 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064

FRIDAY, APRIL 25, 2003

2993

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
BG: 2 BG: 3".

On the adoption of the amendment, the yeas were 41, nays 0, and the Crotts, et al. amendment #2 was adopted.

Senator Crotts of the 17th asked unanimous consent to suspend Senate Rule 143 to enable the passage of the bill. The consent was granted, and Senate Rule 143 was suspended.

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:

E 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 C Golden Y Hall
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
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
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.

The following bill was taken up to consider House action thereto:

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JOURNAL OF THE SENATE

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.

The House substitute was as follows:

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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to

juvenile proceedings, is amended by adding a new Part 7A following Part 7 to read as

follows:

"Part 7A

15-11-75.

(a) Request for discovery. In all cases in which a child is charged with having

committed a delinquent act as defined in Code Section 15-11-2, the child shall, upon

written request to the person or entity prosecuting the case having actual custody,

control, or possession of the material to be produced, have full access to the following

for inspection, copying, or photographing:

(1) A copy of the complaint;

FRIDAY, APRIL 25, 2003

2995

(2) A copy of the petition; (3) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the charge; (4) A copy of any written statement made by the child or any witness that relates to the subject matter concerning the testimony of the witness that the prosecuting attorney or entity prosecuting the case intends to call as a witness; (5) Transcriptions, recordings, and summaries of any oral statement of the child or of any witness, except the product of counsel; (6) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (7) Photographs and any physical evidence which are intended to be introduced at the hearing; and (8) Copies of the police incident report and supplemental report, if any, regarding the occurrence which forms the basis of the charge. (b) Reciprocal discovery. If the child requests disclosure of information pursuant to subsection (a) of this Code section, it shall be the duty of the child to promptly make the following available for inspection, copying, or photographing to the prosecuting attorney or the entity prosecuting the case: (1) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the defense; (2) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (3) Photographs and any physical evidence which are intended to be introduced at the hearing; and (4) A copy of any written statement made by any witness that relates to the subject matter concerning the testimony of the witness that the child intends to call as a witness. (c) Timing of response to discovery. A request for discovery or reciprocal discovery shall be complied with promptly and not later than 48 hours prior to the adjudicatory hearing except when later compliance is made necessary by the timing of the request. If the request for discovery is made fewer than 48 hours prior to the adjudicatory hearing, the discovery response shall be produced in a timely manner. If, subsequent to providing a discovery response in compliance with this Code section, the existence of additional evidence is found, it shall be promptly provided to the person or child making the discovery request. (d) Alibi. (1) Upon written request by the prosecuting attorney or entity prosecuting the case stating the time, date, and place at which the alleged delinquent act was committed, the child shall serve upon the prosecuting attorney or entity prosecuting the case a written notice of the childs intention to offer a defense of alibi. Such notice by the child shall state the specific place or places at which the child claims to have been at the time of the alleged delinquent act and the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the child, upon whom the child intends to rely to establish such alibi unless previously supplied. A request for alibi

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JOURNAL OF THE SENATE

evidence shall be complied with promptly and not later than 48 hours prior to the adjudicatory hearing except when later compliance is made necessary by the timing of the request. If the request for alibi evidence is made fewer than 48 hours prior to the adjudicatory hearing, the alibi evidence shall be produced in a timely manner. If the defendant withdraws the notice of intention to rely upon an alibi defense, the notice and intention to rely upon an alibi defense are not admissible. However the prosecuting attorney or entity prosecuting the case may offer any other evidence regarding alibi. (2) The prosecuting attorney or entity prosecuting the case shall serve upon the child a written notice stating the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the state, upon whom the state intends to rely to rebut the childs evidence of alibi unless previously supplied. (e) Order granting discovery; limitations; sanctions. If a request for discovery is refused, application may be made to the court for a written order granting discovery. Motions for discovery shall certify that a request for discovery was made and was refused. An order granting discovery shall require reciprocal discovery. Notwithstanding the provisions of subsection (a) of this Code section, the court may deny, in whole or in part, or otherwise limit or set conditions concerning the discovery response upon a sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would: (1) Jeopardize the safety of a party, witness, or confidential informant; (2) Create a substantial threat of physical or economic harm to a witness or other person; (3) Endanger the existence of physical evidence; (4) Disclose privileged information; or (5) Impede the criminal prosecution of a minor who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction or occurrence. (f) Failure to comply. If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with an order issued pursuant to this Code section, the court may grant a continuance, prohibit the party from introducing in evidence the information not disclosed, or enter such other order as the court deems just under the circumstances. (g) Court discretion. Nothing contained in this Code section shall prohibit the court from ordering the disclosure of any information that the court deems necessary and appropriate for proper adjudication. (h) Confidentiality of discovery responses. Any material or information furnished to the child pursuant to this part shall remain in the exclusive custody of the child and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide. (i) Danger of proceeding pro se. If a child proceeds pro se, the court shall instruct the child concerning the danger of proceeding pro se and his or her rights under this Code section."

FRIDAY, APRIL 25, 2003

2997

SECTION 2. This Act shall become effective on July 1, 2003, and shall apply to all cases in which a petition is filed on or after that date.

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

Senator Hamrick of the 30th moved that the Senate agree to the House substitute to SB 116.

On the motion, a roll call was taken, and the vote was as follows:

E 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 C Golden Y Hall
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
Lee Y Levetan Y Me V Bremen Y Moody
Mullis Y 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
Thomas,R Y Thompson Y Tolleson Y Unterman
Williams Y Zamarripa

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 116.

Senator Zamarripa of the 36th asked unanimous consent that the following bill, Tabled on April 22, 2003, be taken from the Table.

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

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bingo equipment from organizations not licensed to conduct bingo games; and for other purposes.

Senate Sponsor: Senator Zamarripa of the 36th.

The consent was granted, and HB 279 was taken from the Table and continued upon its passage:

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:

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

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

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

On the passage of the bill, the yeas were 33, nays 8.

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

Senator Cagle of the 49th asked unanimous consent that the following bill, Tabled on April 22, 2003, be taken from the Table:

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2999

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.
Senate Sponsor: Senator Meyer von Bremen of the 12th.
The consent was granted, and HB 385 was taken from the Table and continued upon its passage.
The Senate Special Judiciary Committee offered the following substitute to HB 385:
A BILL TO BE ENTITLED AN ACT
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 definitions; to provide for exemptions from those provisions related to debt adjustment; to require persons engaged in debt adjusting 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 debtors funds within 30 days of receipt; to require persons engaged in debt adjusting to maintain trust accounts for debtors funds; to provide for civil and criminal violations and penalties; to provide for investigation and enforcement; 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 5 of Title 18 of the Official Code of Georgia Annotated, relating to debt adjustment, is amended by striking Code Section 18-5-1, relating to definitions, and inserting in its place the following:
"18-5-1. As used in this chapter, the term:

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(1) 'Debt adjusting' means doing business in debt adjustments, budget counseling, debt management, or debt pooling service or holding oneself out, by words of similar import, as providing services to debtors in the management of their debts and contracting with a debtor for a fee to:
(A) Effect the adjustment, compromise, or discharge of any account, note, or other indebtedness of the debtor; or (B) Receive from the debtor and disburse to his or her creditors any money or other thing of value. (2) 'Person' means an individual, corporation, partnership, trust, association, or other legal entity. (3) 'Resides' means to live in a particular place, whether on a temporary or permanent basis."
SECTION 2. Said chapter is further amended by striking Code Section 18-5-2, relating to the prohibition of debt adjusting, and inserting in its place the following:
"18-5-2. In the course of engaging in debt adjusting, it It shall be unlawful for any person to engage in the business of debt adjusting: accept from a debtor who resides in this state, either directly or indirectly, any charge, fee, contribution, or combination thereof in an amount in excess of 7.5 percent of the amount paid monthly by such debtor to such person for distribution to creditors of such debtor; provided, however, no provision of this chapter shall prohibit any person, in the course of engaging in debt adjusting, from imposing upon a debtor who resides in this state a reasonable and separate charge or fee for insufficient funds transactions."
SECTION 3. Said chapter is further amended by striking Code Section 18-5-3, relating to exemption for incidental debt adjustment in the practice of law, and inserting in its place the following:
"18-5-3. Nothing in this chapter shall apply to those situations involving debt adjusting incurred incidentally in the practice of law in this state. Nothing in this chapter shall apply to those persons or entities who incidentally engage in debt adjustment to adjust the indebtedness owed to said person or entity. Nothing in this chapter shall apply to the following entities or their subsidiaries: the Federal National Mortgage Association; the Federal Home Loan Mortgage Corporation; a bank, bank holding company, trust company, savings and loan association, credit union, credit card bank, or savings bank that is regulated and supervised by the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the Federal Reserve, the Federal Deposit Insurance Corporation, the National Credit Union Administration, or the Georgia Department of Banking and Finance; or persons as defined in Code Section 7-3-3 operating under Chapter 3 of Title 7, the 'Georgia Industrial Loan Act.'"

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SECTION 4. Said chapter is further amended by adding a new Code Section 18-5-3.1 to read as follows:
"18-5-3.1. (a) Any person engaged in debt adjusting for debtors residing in this state shall meet the following annual requirements:
(1) Obtain from an independent third party certified public accountant an annual audit of all accounts of such person in which the funds of debtors are deposited and from which payments are made to creditors on behalf of debtors. A copy of the summary results of such annual audit shall be made available upon written request to any party so requesting a copy for a charge not to exceed the cost of the reproduction of the annual audit; and (2) Obtain and maintain at all times insurance coverage for employee dishonesty, depositors forgery, and computer fraud in an amount not less than the greater of $100,000.00 or 10 percent of the monthly average for the immediately preceding six months of the aggregate amount of all deposits made with such person by all debtors. The deductible on such coverage shall not exceed 10 percent of the face amount of the policy coverage. Such policy shall be issued by a company rated at least 'A-' or its equivalent by a nationally recognized rating organization and such policy shall provide for 30 days advance written notice of termination of the policy to be provided to the Governors Office of Consumer Affairs. (b) A copy of the annual audits and insurance policies required by this Code section shall be filed annually with the Governors Office of Consumer Affairs. (c) The Governors Office of Consumer Affairs shall act as a repository for the audits, insurance, and termination notices furnished to such office pursuant to this Code section. No oversight responsibility shall be imposed upon such office by virtue of its receipt of such documents."
SECTION 5. Said chapter is further amended by adding a new Code Section 18-5-3.2 to read as follows:
"18-5-3.2. (a) Any person engaged in debt adjusting shall disburse to the appropriate creditors all funds received from a debtor, less any fees authorized by this chapter, within 30 days of receipt of such funds. (b) Any person engaged in debt adjusting shall maintain a separate trust account for the receipt of any and all funds from debtors and the disbursement of such funds on behalf of debtors."
SECTION 6. Said chapter is further amended by striking Code Section 18-5-4, relating to penalties for engaging in business of debt adjusting, and inserting in its place the following:
"18-5-4.

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(a) Any person who engages in the business of debt adjusting in violation of this chapter shall be guilty of a misdemeanor. (b) Without limiting the applicability of subsection (a) of this Code section:
(1) Any person who engages in debt adjusting in violation of the provisions of Code Section 18-5-3.1 or subsection (b) of Code Section 18-5-3.2 shall further be liable for a civil fine of not less than $50,000.00; and (2) Any person who engages in debt adjusting in violation of the provisions of Code Section 18-5-2 or subsection (a) of Code Section 18-5-3.2 shall further be liable to the debtor in an amount equal to the total of all fees, charges, or contributions paid by the debtor plus $5,000.00. Such debtor shall have the right to bring a cause of action directly against such person for violation of the provisions of this chapter. (c) The Attorney General and prosecuting attorneys shall have the authority to conduct the criminal prosecution of all cases arising under this chapter and to conduct civil prosecution of cases arising under this chapter. (d) A violation of Code Section 18-5-2, 18-5-3.1, or 18-5-3.2 shall additionally be a violation of the 'Fair Business Practices Act of 1975.'"

SECTION 7. This Act shall become effective July 1, 2003.

SECTION 8. 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:

E 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
Johnson Y Kemp,B Y Kemp,R Y Lamutt
Lee

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

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Y Crotts Y Dean Y Fort Y Gillis C Golden Y Hall Y Hamrick

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

Thomas,R Thompson Y Tolleson Y Unterman Williams Zamarripa

On the passage of the bill, the yeas were 41, nays 0.

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

Senator Tanksley of the 32nd asked unanimous consent that the following bill, Tabled on April 22, 2003, be taken from the Table:

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.

Senate Sponsor: Senator Tanksley of the 32nd.

The consent was granted, and HB 175 was taken from the Table and continued upon its passage.

The Senate Judiciary Committee offered the following substitute to HB 175:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 16-12-120, relating to certain acts in public transit buses, rapid rail cars, or stations and penalty, so as to provide that a person may consume and possess bottled water in a public transit bus, rapid rail car, or rapid rail station; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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Code Section 16-12-120, relating to certain acts in public transit buses, rapid rail cars, or
stations and penalty, is amended by striking paragraph (4) of subsection (a) and inserting
in its place the following: "(4) Consumes food or beverage or possesses any open food or beverage container,
provided that this paragraph shall not apply to resealable bottled water beverages in
resealable plastic containers, to an operator of a public transit bus at an authorized layover point, or to a person providing food or beverage to any child under age five;"

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Hall of the 22nd offered the following amendment:

Amend the Senate Judiciary Committee substitute to HB 175 by inserting on line 3 of page 1 immediately following the word and symbol "station;" the following: "to provide for exceptions;". By striking the quotation marks at the end of line 13 of page 1 and inserting in lieu thereof the following: "provided, however, that nothing in this paragraph
shall preclude a public transit system operated or funded by a county, municipality, or
consolidated government from prohibiting the consumption of any beverage in a public transit bus;'".

On the adoption of the amendment, the yeas were 34, nays 5, and the Hall amendment to the committee substitute, was adopted.

On the adoption of the substitute, the yeas were 34, 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
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
Stephens Y Stokes Y Tanksley Y Tate

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

Y Lamutt Lee
Y Levetan Y Me V Bremen Y Moody
Mullis Y Price Y Reed Y Seabaugh

Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Y Tolleson Y Unterman
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 messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House:

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.

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

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.

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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.

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.

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 House has agreed to the Senate substitute to the following Bills of the House:

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.

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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 agreed to the Senate amendment to 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 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.

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.

The House has agreed to the Senate amendments to the following Bills of the House:

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

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"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 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.

The House recedes from its position in amending the following Bills of the Senate:

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.

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.

FRIDAY, APRIL 25, 2003

3009

The House has agreed to the Senate amendment to the House substitute to the following Resolution of the Senate:

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 House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

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 House has agreed to the Senate amendment to the following Bill of the House:

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.

The House has agreed to the Senate substitute to the following Bills of the House:

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.

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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 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.

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.

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.

The House has agreed to the Senate amendment to the House substitute to the following Bills of the Senate:

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

FRIDAY, APRIL 25, 2003

3011

credentialed as National Certified School Counselors; to repeal conflicting laws; and for other purposes.

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 House has adopted the report of the Committee of Conference on the following Bill and Resolution of the House and Senate:

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.

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.

Senator Kemp of the 3rd asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:

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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.

Senate Sponsor: Senator Kemp of the 3rd.

The consent was granted, and HB 226 was taken from the Table and continued upon its passage.

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

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
Mullis Price Y Reed Y Seabaugh

E Seay Y Shafer
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
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.

The following bill was taken up to consider House action thereto:

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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 House substitute was as follows:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking paragraphs (1), (2), (3), and (6) of Code Section 14-2-122, relating to filing fees and penalties, and inserting in lieu thereof the following:
"(1) Articles of incorporation................................................................ $60.00 100.00
(2) Application for certificate of authority .......................................... 170.00 225.00 (3) Annual registration......................................................................... 15.00 30.00" "(6) Application for reservation of a corporate name ........................... No fee 25.00"
SECTION 2. Said title is further amended by striking Code Section 14-2-402, relating to reserved corporate names, and inserting in lieu thereof the following:
"14-2-402. (a) A person may apply to reserve the use of a corporate name, including a fictitious name for a foreign corporation whose corporate name is not available. If the Secretary

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of State finds that the corporate name applied for is available, he shall reserve the name for the applicants use for a nonrenewable 90 day period. (a) A person may apply to reserve a name for the purpose of incorporation by paying the fee specified in Code Section 14-2-122. If the Secretary of State finds that the corporate name applied for is available, he or she shall reserve the name for the applicants use for 30 days or until articles of incorporation are filed, whichever is sooner. If the Secretary of State finds that the name applied for is not distinguishable for filing purposes upon the records of the Secretary of State, he or she shall notify the applicant who may then submit another reservation request within ten days of the date of the rejection notice without payment of an additional reservation fee. (b) Upon expiration of a name reservation after 30 days without the filing of articles of incorporation, the name may again be reserved for another 30 day period by the same or another applicant under the same guidelines of subsection (a) of this Code section. (b)(c) A person who has in effect a name reservation under subsection (a) of this Code section may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee."
SECTION 3. Said title is further amended by striking paragraphs (1), (2), (3), and (6) of Code Section 14-3-122, relating to filing fees for nonprofit organizations, and inserting in lieu thereof the following:
"(1) Articles of incorporation............................................................... $60.00 100.00
(2) Application for certificate of authority ......................................... 70.00 225.00
(3) Annual registration........................................................................ 15.00 30.00"
"(6) Application for reservation of a corporate name .......................... No fee 25.00"

SECTION 4. Said title is further amended by striking Code Section 14-3-402, relating to reservation of a corporate name, and inserting in lieu the following:
"14-3-402. (a) A person may apply to reserve the use of a corporate name, including a fictitious name for a foreign corporation whose corporate name is not available. If the Secretary of State finds that the corporate name applied for is available, he shall reserve the name for the applicants use for a nonrenewable 90 day period. (a) A person may apply to reserve a name for the purpose of incorporation by paying the fee specified in Code Section 14-3-122. If the Secretary of State finds that the corporate name applied for is available, he or she shall reserve the name for the applicants use for 30 days or until articles of incorporation are filed, whichever is sooner. If the Secretary of State finds that the name applied for is not distinguishable for filing purposes upon the records of the Secretary of State, he or she shall notify the

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3015

applicant who may then submit another reservation request within ten days of the date of the rejection notice without payment of an additional reservation fee. (b) Upon expiration of a name reservation after 30 days without the filing of articles of incorporation, the name may again be reserved for another 30 day period by the same or another applicant under the same guidelines of subsection (a) of this Code section. (b)(c) The owner of a reserved corporate name A person who has in effect a name reservation under subsection (a) of this Code section may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee."
SECTION 5. Said title is further amended by striking Code Section 14-9-103, relating to reservation of a limited partnership name, and inserting in lieu thereof the following:
"14-9-103. (a) A person may apply to reserve the use of a limited partnership name under Code Section 14-9-102. If the Secretary of State finds that the limited partnership name applied for is available, he shall reserve the name for the applicants use for a nonrenewable 90 day period. (a) A person may apply to reserve a name for the purpose of forming a limited partnership by paying the fee specified in Code Section 14-9-1101. If the Secretary of State finds that the limited partnership name applied for is available, he or she shall reserve the name for the applicants use for 30 days or until the certificate of limited partnership is filed, whichever is sooner. If the Secretary of State finds that the name applied for is not distinguishable for filing purposes upon the records of the Secretary of State, he or she shall notify the applicant who may then submit another reservation request within ten days of the date of the rejection notice without payment of an additional reservation fee. (b) Upon expiration of a name reservation after 30 days without the filing of a certificate of limited partnership, the name may again be reserved for another 30 day period by the same or another applicant under the same guidelines of subsection (a) of this Code section. (b)(c) A person who has in effect a name reservation under subsection (a) of this Code section may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee."
SECTION 6. Said title is further amended in Code Section 14-9-1101, relating to filing fees for limited partnerships, by striking paragraphs (1), (2), and (3) and inserting in lieu thereof new paragraphs (1), (2), and (3) and by inserting at the end a new paragraph (9) to read as follows:
"(1) Filing a certificate of limited partnership ...................................... $60.00 100.00

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(2) Filing a registration of a foreign limited partnership ..................... 170.00 225.00

(3) Filing an annual registration .......................................................... 15.00 30.00"

"(9) Application for reservation of a name ...........................................

25.00"

SECTION 7. Said title is further amended by striking Code Section 14-11-208, relating to reservation of a limited liability company name, and inserting in lieu thereof the following:
"14-11-208. (a) A person may apply to reserve the use of a limited liability company name that meets the requirements of subsection (a) of Code Section 14-11-207. If the Secretary of State finds that the limited liability company name applied for is available, he or she shall reserve the name for the applicants use for a nonrenewable 90 day period. (a) A person may apply to reserve a name for the purpose of forming a limited liability company by paying the fee specified in Code Section 14-11-1101. If the Secretary of State finds that the limited liability company name applied for is available, he or she shall reserve the name for the applicants use for 30 days or until articles of organization are filed, whichever is sooner. If the Secretary of State finds that the name applied for is not distinguishable for filing purposes upon the records of the Secretary of State, he or she shall notify the applicant who may then submit another reservation request within ten days of the date of the rejection notice without payment of an additional reservation fee. (b) Upon expiration of a name reservation after 30 days without the filing of articles of organization, the name may again be reserved for another 30 day period by the same or another applicant under the same guidelines of subsection (a) of this Code section. (b)(c) A person who has in effect a name reservation under subsection (a) of this Code section may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee."
SECTION 8. Said title is further amended by striking paragraphs (1), (5), (9), and (13) of Code Section 14-11-1101, relating to filing fees and penalties for limited liability companies, and inserting in lieu thereof the following:
"(1) Articles of organization ..................................................................$75.00 100.00"
"(5) Application for certificate of authority to transact business............200.00 225.00"
"(9) Application for reservation of a name ............................................. No fee 25.00"
"(13) Annual registration (foreign or domestic) ..................................... 25.00 30.00"

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SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Senator Clay of the 37th moved that the Senate agree to the House substitute to SB 132.

On the motion, 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 C 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
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
Mullis Y Price Y Reed Y Seabaugh

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

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 132.

The following bill, having been taken from the Table earlier today, was continued upon its passage:

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.

Senate Sponsor: Senator Brush of the 24th.

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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
Brown Y Brush Y Bulloch Y Butler C 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
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 Y Thompson Y Tolleson Y Unterman
Williams Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

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

Senator Zamarripa of the 36th asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:

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.

Senate Sponsor: Senator Clay of the 37th.

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3019

The consent was granted, and HB 255 was taken from the Table and continued upon its passage.

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
Butler C Cagle
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
Hooks Y Hudgens Y Jackson
Johnson Kemp,B Y 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
Starr 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 43, nays 0.

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

Senator Tate of the 38th asked unanimous consent that Senator Dean of the 31st be excused. The consent was granted, and Senator Dean was excused.

Senator Hamrick of the 30th asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:

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

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provide for submission of each state bar applicant's fingerprints for a national check for criminal convictions; and for other purposes.

Senate Sponsor: Senator Hamrick of the 30th.

The consent was granted, and HB 90 was taken from the Table and continued upon its passage.

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

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

E Seay Shafer Smith,F
Y Smith,P Y Squires
Starr Stephens Stokes Tanksley Y Tate 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 38, nays 0.

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

The following bill was taken up to consider the Conference Committee report thereto:

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

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3021

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.

The Conference Committee report was as follows:

The Committee of Conference on SB 329 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 329 be adopted.

Respectfully submitted, FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Seabaugh of the 28th /s/ Senator Golden of the 8th /s/ Senator Lamutt of the 21st

/s/ Representative Lord of the 103rd /s/ Representative Keen of the 146th /s/ Representative Watson of the 60th, Post 2

COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 329

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 consumer 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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Chapter 30B to read as follows:

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"CHAPTER 30B 33-30B-1. This chapter shall be known and may be cited as the 'Spending Account and Consumer Driven Health Plan Advancement Act.'
33-30B-2. The purposes of this chapter are to provide enabling provisions for spending accounts and consumer driven health plans, provide statutory authorization for the establishment of such plans, and facilitate the advancement of such plans as a response to escalating costs of health care plans in this state. This chapter shall be construed and interpreted liberally to effectuate these purposes in as broad a manner as possible.
33-30B-3. As used in this chapter, the term:
(1) 'Consumer driven health plan' means a plan for the provision or reimbursement of health care services that makes available to enrolled individuals information on health, health care, the pricing of health care, and the pricing of health care services by particular providers. Such plan may, but is not required to, include a spending account feature and may either rely upon indemnity reimbursements for services or contracted amounts for health care services from providers. (2) 'Plan' means an agreement between an individual and a plan sponsor or a declaration by an individual which defines services and benefit levels for which reimbursements will be made. (3) 'Plan sponsor' means the group or individual entering into a contract with an insurer under which the insurer provides reimbursement to the plan for expenditures or obligations incurred for the provision of health care services over and above a certain attachment point. (4) 'Spending account' includes, but is not limited to, medical spending accounts, health reimbursement arrangements, pre-tax benefit spending accounts, and other forms of funding for health care goods and services. As such, the source of funding may be from an individual, an employer, an employee, or an combination of sources, as appropriate.
33-30B-4. (a) A spending account plan or consumer driven health plan may be written in this state for a group or for an individual. Such plan may contain a spending account feature which will provide the first-dollar payments for health care services up to a designated amount. Group plans may, but are not required to, provide for a uniform spending account limit. An individual plan may incorporate a spending account feature with a limit not exceeding $10,000.00 annually. (b) All spending accounts shall be in the name of the individual for which the spending account has been established but may be administered in accordance with the applicable plan.

FRIDAY, APRIL 25, 2003

3023

33-30B-5. For any plan having a spending account feature, the amount of the spending account is not required to be the same as the attachment point for insurance reimbursements. If the attachment point for insurance reimbursements to the plan is higher than the amount contained in the spending account, a notice describing the monetary gap for which an individual will be liable shall be given to the holder of the spending account.

33-30B-6. The insurance contract providing reimbursements for expenditures for health care services incurred by the plan may be a stop-loss, specific excess and aggregate, or other similar contract. It may be written by an insurer licensed for life, accident, and sickness insurance under Code Section 33-7-2 or by an insurer licensed for casualty insurance under Code Section 33-7-3. In either case, the contract shall be in the name of the plan as the contract holder and shall contain at least the following:
(1) The attachment point after which the payments by the insurer will be made; (2) The amounts for allowable spending accounts; (3) An attachment containing the plan document; (4) A conspicuous disclosure on the first page of the contract that it is not a policy of accident and sickness insurance; and (5) All other relevant terms and conditions.

33-30B-7.
(a) A stop-loss or specific excess and aggregate contract issued under this chapter shall
not be construed or interpreted as an accident and sickness insurance policy.
(b) No stop-loss or specific excess and aggregate policy may be cancelled or nonrenewed because of the level of health care claims."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Golden of the 8th moved that the Senate adopt the Conference Committee report on SB 329.

On the motion, 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 Harbison Y Harp Y Henson Y Hill
Hooks Y Hudgens Y Jackson
Johnson

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

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

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

Tanksley Y Tate
Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman
Williams Y Zamarripa

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 329.

The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SUPPLEMENTAL SENATE LOCAL CONSENT CALENDAR
Friday, April 25, 2003 Fortieth Legislative Day

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

HB 947

Hudgens of the 47th COMMERCE, CITY OF

A BILL to amend an Act providing a new charter for the City of Commerce, so as to reconstitute the governing authority of the city and its independent school district, and provide for districts, elections, terms, qualifications, powers, duties, rights, and liabilities; and for other purposes.

HB 1004

Smith of the 52nd Mullis of the 53rd Thomas of the 54th DALTON-WHITFIELD COUNTY

A BILL to create the Northwest Georgia Trade & Convention Center Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation, to have the

FRIDAY, APRIL 25, 2003

3025

responsibility and authority to promote tourism, conventions, and trade shows in Dalton and Whitfield 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
Brush Y Bulloch Y Butler C Cagle Y Cheeks
Clay Y Collins
Crotts E Dean Y Fort
Gillis Y Golden Y Hall Y Hamrick

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

On the passage of the local legislation, the yeas were 33, nays 1.

The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed.

Senator Bulloch of the 11th asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:

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

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shall be exempt from taxation; and for other purposes.

Senate Sponsor: Senator Williams of the 19th.

The consent was granted, and HB 527 was taken from the Table and continued upon its passage.

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

Y Harbison Y Harp N Henson
Hill Hooks Y Hudgens Y Jackson Johnson C 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
Starr Stephens Y 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 35, nays 2.

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

Senator Hill of the 4th asked unanimous consent that Senator Kemp of the 3rd be excused. The consent was granted, and Senator Kemp was excused.

Senator Thompson of the 33rd asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:

FRIDAY, APRIL 25, 2003

3027

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.
Senate Sponsor: Senator Thompson of the 33rd.
The consent was granted, and HB 748 was taken from the Table and continued upon its passage.
Senators Thompson of the 33rd and Crotts of the 17th offered the following amendment:
Amend HB 748 by adding after the first semicolon on line 3 of page 1 the language: "to amend Code Section 36-74-13 of the Official Code of Georgia Annotated, relating to enforcement of local codes, so as to provide for limitations with respect to rental property;".
By renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:
"SECTION 2. Code Section 36-74-13 of the Official Code of Georgia Annotated, relating to enforcement of local codes, is amended by designating the existing text of the Code section as subsection (a) and inserting a new subsection (b) to read as follows:
'(b) No local government is authorized to perform investigations or inspections of rental property unless there is probable cause to believe there is or has been a violation or violations of applicable codes, and in no event may a local government require the registration of rental property and the collection of a fee for inspection of such property.'"
Senator Harp of the 16th asked for a ruling of the Chair on the germaneness of the Thompson, Crotts amendment. The Chair ruled the amendment germane.
On the adoption of the amendment, the yeas were 40, nays 2, and the Thompson, Crotts 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:

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

Y Harbison Y Harp Y Henson
Hill Y Hooks Y Hudgens Y Jackson
Johnson C Kemp,B E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis N 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
Thomas,N Y Thomas,R Y Thompson
Tolleson Y Unterman
Williams Zamarripa

On the passage of the bill, the yeas were 42, nays 1.

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

The following bill was taken up to consider the Conference Committee report thereto:

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 Conference Committee report was as follows:

FRIDAY, APRIL 25, 2003

3029

The Committee of Conference on SB 258 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 258 be adopted.

Respectfully submitted, FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Unterman of the 45th /s/ Senator Clay of the 37th /s/ Senator Lee of the 29th

/s/ Representative Powell of the 23rd /s/ Representative Deloach of the 127th /s/ Representative Boggs of the 145th

COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 258 A BILL TO BE ENTITLED AN ACT

To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, 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 comply with the provisions of the federal Help America Vote Act; to require the State Election Board to define by rule and regulation what constitutes a vote; to provide for complaint procedures; to provide for the confidentiality of certain registration information; to provide procedures for absentee balloting for uniformed services and overseas voters; to provide for reports concerning voting by such uniformed services and overseas voters; to require voters who register to vote by mail for the first time in this state to provide identification prior to voting for the first time; to provide for exceptions; to provide for the designation of such voters on the electors list; 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 instructions for absentee voting shall include information on the effect of overvotes and how to correct errors on the ballot or obtain a replacement ballot; 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 sample ballots; to provide for certain poll watchers; to provide additional items of acceptable identification; to provide for the review of overvoted ballots; to provide that, when poll hours are extended by court order, all voters who vote after the normal poll closing time shall vote by provisional ballot; to provide that such ballots shall be kept separate from other ballots; to provide for the storage of certain election materials; 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 provide for content of such program; to change the requirements concerning the electronic filing of election returns by precinct; to provide

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that governments employing superintendents and chief registrars may be fined by the State Election Board for failing to have such employees complete certain training and certification; to provide for waivers of certification in certain instances; to revise the procedure for the calculation of qualifying fees for certain county officials; to change the information required on candidate affidavits; to change certain provisions relating to qualification of candidates for party nomination in a state or county primary; to change the qualifications of county registrars and deputy registrars; to revise the rules for determining residence for voter registration and candidate qualifying; to provide that persons shall not vote in a primary runoff held by any other party for offices to be filled in the same election; to provide for the electronic transmission of voter registration applications from designated voter registration agencies; to change the time for challenging the right of certain persons to vote; to remove the limitation on how often the Secretary of State can compare the electors list to the change of address data base of the United States Postal Service; to provide for the arrangement of polling places where DRE units are used; to authorize the use of colored stripes or blocks to distinguish primary ballots; to authorize the precinct designation on absentee ballots to be printed or stamped; to authorize counties to contract with municipalities for the use of DRE voting systems; to repeal the provisions of law establishing the Twenty-first Century Voting Commission and the pilot projects for electronic voting; to provide that the ovals appearing on optical scanning ballots may be printed in red ink; to provide that the names of presidential electors shall not appear on the ballot on DRE units and optical scanning ballots; to provide for testing of DRE units prior to a run-off primary or run-off election; to provide for the transfer of the zero tapes, results tapes, and memory cards to the superintendent; to prohibit distribution of absentee ballot applications under certain circumstances; to change the qualifications to vote by absentee ballot; to provide for the use of DRE voting systems for voting by absentee ballot in certain circumstances; to require that absentee ballots returned too late to be counted shall be delivered to the appropriate clerk for storage as provided by law; to provide for the storage of absentee ballot applications; to require certain poll officers to be present at least one hour prior to the opening of the polls; to prohibit certain persons from providing assistance in voting; to prohibit candidates from going to a polling place except to vote; to provide an exception for probate judges who serve as the election superintendent; to change the time to request a recount under certain circumstances; to authorize the Secretary of State to correct election returns when errors are found in the certified returns or in the tabulation, computation, or canvassing of the returns; to authorize the extension of deadlines to certify returns under certain circumstances; to clarify when a runoff is required and when such runoff shall be held; to require that appeals of election contests be heard by the Supreme Court; to require that DRE memory cards be returned to the proper officials after an election; to provide for related matters; 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 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by striking paragraphs (4) and (28) of Code Section 21-22, relating to definitions, and inserting in lieu thereof new paragraphs (4) and (28) to read as follows:
"(4) 'Custodian' means the person charged with the duty of testing and preparing the voting machine or vote recorder equipment for the primary or election and with instructing the poll officers in the use of same." "(28) 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area, established in accordance with this chapter, within from which all electors vote at one polling place."
SECTION 2. Said chapter is further amended by striking paragraphs (7) and (8) of Code Section 21-231, relating to the duties of the State Election Board, and inserting in lieu thereof new paragraphs (7), (8), and (9) to read as follows:
"(7) To promulgate rules and regulations to define uniform and nondiscriminatory standards concerning what constitutes a vote and what will be counted as a vote for each category of voting system used in this state; (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 be conducive to the fair, legal, and orderly conduct of primaries and elections."
SECTION 3. Said chapter is further amended by striking paragraphs (13) and (14) of subsection (a) of Code Section 21-2-50, relating to the powers and duties of the Secretary of State, and inserting in lieu thereof new paragraphs (13), (14), and (15) to read as follows:
"(13) To prepare and furnish information for citizens on voter registration and voting; and (14) To maintain the official list of registered voters for this state and the list of inactive voters required by this chapter; and (15) To develop, program, and build ballots for use by counties and municipalities on direct recording electronic (DRE) voting systems in use in the state."
SECTION 4. 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

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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 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."
SECTION 5. Said chapter is further amended by striking paragraphs (5), (13), and (14) of Code Section 21-2-70, relating to powers and duties of election superintendents, and inserting in lieu thereof new paragraphs (5), (13), (14), and (15) to read as follows:
"(5) To purchase, except voting machines and vote recorders, preserve, store, and maintain election equipment of all kinds, including voting booths and ballot boxes and to procure ballots and all other supplies for primaries and elections;". "(13) To conduct all elections in such manner as to guarantee the secrecy of the ballot and to perform such other duties as may be prescribed by law; and (14) To become certified by satisfactorily completing a certification program approved by the Secretary of State no later than January 1, 2007. Such program may include instruction on, and may require the superintendent to demonstrate proficiency in, the operation of the states direct recording electronic voting equipment and in state and federal law and procedures related to elections. In the case of boards of elections or boards of elections and registration, this requirement may be satisfied either by the certification of the members of the board or the boards designee; and (14)(15) To take an oath in the following form:
I, ____________________________, do swear (or affirm) that I will as superintendent duly attend the ensuing election (or primary) during the continuance thereof, that I will to the best of my ability prevent any fraud, deceit, or abuse in carrying on the same, that I will make a true and perfect return of the said election (or primary), and that I will at all times truly, impartially, and faithfully perform my duties in accordance with Georgia laws to the best of my judgment and ability."
SECTION 6. Said chapter is further amended by adding a new subsection (c) to Code Section 21-270.1, relating to municipal election superintendents, to read as follows:
"(c) As prescribed and directed by the Secretary of State, the municipal superintendent or, in the case of a board of elections or board of elections and registration, its designee shall satisfactorily complete a certification program approved by the Secretary of State no later than January 1, 2007. Such program may include instruction on, and may require the superintendent to demonstrate proficiency in, the operation of the voting

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equipment used in such superintendents municipality and in state and federal law and procedures related to elections."
SECTION 7. Said chapter is further amended by striking paragraph (4) of Code Section 21-2-71, relating to payment by county or municipality of superintendents expenses, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Maintenance of all voting machines, vote recorders, and of all other primaries and election equipment required by this chapter, or which the superintendent shall consider necessary to carry out this chapter; and".
SECTION 8. Said chapter is further amended by striking subsection (b) of Code Section 21-2-77, relating to electronic election returns, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Beginning with the election cycle in the year 2002, the superintendent of elections of each county shall provide electronically to the Secretary of State, within 45 seven days after the close of voting, election returns divided by precinct for each precinct in their respective counties for all primaries, elections, special primaries, special elections, and runoffs for such elections for federal, state, or and county offices held in that year or any following year."
SECTION 9. Said chapter is further amended by adding a new Code Section 21-2-101 to read as follows:
"21-2-101. (a) All election superintendents or, in the case of a board of elections or a board of elections and registration, the designee of such board charged with the daily operations of such board shall become certified by completing a certification program approved by the Secretary of State by no later than January 1, 2007. Such program may include instruction on, and may require the superintendent to demonstrate proficiency in, the operation of the states direct recording electronic voting equipment and in state and federal law and procedures related to elections. The local government employing the superintendent or designee shall cover the costs, if any, incurred by such superintendent or designees participation in the certification program. Such certification programs shall be offered by the Secretary of State on multiple occasions before January 1, 2007, and shall not exceed 64 hours of classroom, online, and practical instruction as authorized and approved by the Secretary of State. (b) A waiver of the certification requirement, either in whole or in part, may be granted by the Secretary of State, in the discretion of the Secretary of State, upon the presentation of evidence by the election superintendent or board that the individual was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the Secretary of State.

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(c) A superintendent and the governing authority which employs the superintendent may be fined by the State Election Board for failure to attain the certification required in this Code section."
SECTION 10. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 21-2-131, relating to qualifying fees, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1)(A) The governing authority of any county or municipality, not later than February 1 of any year in which a general primary, nonpartisan election, or general election is to be held, and at least 35 days prior to the special primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each county or municipal office to be filled in the upcoming primary or election. Such Except as otherwise provided in subparagraph (B) of this paragraph, such fee shall be 3 percent of the total gross salary of the office paid in the preceding calendar year including all supplements authorized by law if a salaried office.; provided, however, that for (B) For the offices of clerk of the superior court, judge of the probate court, sheriff, tax commissioner, and magistrate, the qualifying fee shall be 3 percent of the minimum salary provided by general law for the office specified in subsection (a) of Code Section 15-6-88, paragraph (1) of subsection (a) of Code Section 15-9-63, subsection (a) of Code Section 15-10-23, paragraph (1) of subsection (a) of Code Section 15-16-20, and paragraph (1) of subsection (b) of Code Section 48-5-183, exclusive of supplements, cost-of-living increases, and longevity increases. For the office of members of the county governing authority, the qualifying fee shall be 3 percent of the base salary established by local Act of the General Assembly or by Code Section 36-5-25 as adjusted pursuant to Code Section 36-5-24, if applicable, exclusive of compensation supplements for training provided for in Code Section 36-5-27 and cost-of-living adjustments pursuant to Code Section 36-5-28. If not a salaried office, a reasonable fee shall be set by the governing authority of such county or municipality, such fee not to exceed 3 percent of the income derived from such county office by the person holding the office for the preceding year or more than $35.00 for a municipal office;".
SECTION 11. Said chapter is further amended by striking subsection (f) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) Each candidate required by this Code section to file a notice of candidacy shall accompany his or her notice of candidacy with an affidavit stating:
(1) His or her full name and the name as the candidate desires it to be listed on the ballot;

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(1)(2) His or her residence, with street and number, if any, and his or her post office address; (2)(3) His or her profession, business, or occupation, if any; (3)(4) The name of his or her precinct; (4)(5) That he or she is an elector of the county or municipality of his or her residence eligible to vote in the election in which he or she is a candidate; (5)(6) The name of the office he or she is seeking; (6)(7) That he or she is eligible to hold such office; (7)(8) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude or conviction of domestic violence under the laws of this state or any other state or of the United States, or that the candidates civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and (8)(9) That he or she will not knowingly violate this chapter or rules and regulations adopted under this chapter; and (10) Any other information as may be determined by the Secretary of State to be necessary to comply with federal and state law. The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his or her notice of candidacy."
SECTION 12. Said chapter is further amended by striking paragraph (1) of subsection (c) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, and inserting in lieu thereof the following:
"(c)(1) In the case of a general state or county primary, the candidates or their agents shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the state or county primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; provided, however, that, in the case of a general primary held in the even-numbered year immediately following the official release of the United States decennial census data to the states for the purpose of redistricting of the legislatures and the United States House of Representatives, the candidates or their agents for political party nomination to county offices shall commence qualifying at 9:00 A.M. on the third Wednesday in June immediately prior to such primary and shall cease qualifying at 12:00 Noon on the Friday following the third Wednesday in June, notwithstanding the fact that any such days may be legal holidays, and provided, further, that candidates for political party nomination to federal and state offices in a general primary shall commence qualifying at 9:00 A.M. on the third Wednesday in June immediately prior to such primary and shall cease qualifying at 12:00 Noon on the Friday following the third Wednesday in June, notwithstanding the fact that any such days may be legal holidays, and shall qualify in person or, in the case of illness

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or other providential cause as may be defined and determined by rule or regulation by the Secretary of State, by their agents with their respective political party in the state capitol under such rules and regulations as the Secretary of State may promulgate and provided, further, that all qualifying for federal and state offices on the last day of the qualifying period shall be conducted in the chamber of the House of Representatives in the state capitol. In the case of a special primary, the candidate shall qualify no earlier than the date of the call for the special primary and no later than 25 days prior to the date of such primary, and such qualifying period shall be open for a minimum of two and one-half days."
SECTION 13. Said chapter is further amended by striking subsection (e) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Each candidate for party nomination described in subsection (a) of this Code section shall file an affidavit with the political party at the time of his or her qualifying stating:
(1) His or her full name and the name as the candidate desires it to be listed on the ballot; (1)(2) His or her residence, with street and number, if any, and his or her post office address; (2)(3) His or her profession, business, or occupation, if any; (3)(4) The name of his or her precinct; (4)(5) That he or she is an elector of the county of his or her residence eligible to vote in the primary election in which he or she is a candidate for nomination; (5)(6) The name of the office he or she is seeking; (6)(7) That he or she is eligible to hold such office; (7)(8) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that the candidates civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and (8)(9) That he or she will not knowingly violate this chapter or rules or regulations adopted under this chapter; and (10) Any other information as may be determined by the Secretary of State to be necessary to comply with federal and state law."
SECTION 14. Said chapter is further amended by striking subsection (f) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, and inserting in lieu thereof the following:

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"(f) Candidates for the office of presidential elector or their agents who have been nominated in accordance with the rules of a political party shall qualify beginning at 9:00 A.M. on the fourth Monday in April in the year in which a presidential election shall be held and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; provided, however, that, for presidential elections held in the even-numbered year immediately following the official release of the United States decennial census data to the states for the purpose of redistricting of the legislatures and the United States House of Representatives, candidates for the office of presidential elector who have been nominated in accordance with the rules of a political party shall commence qualifying beginning at 9:00 A.M. on the third Wednesday in June immediately prior to such election and shall cease qualifying at 12:00 Noon on the Friday following the third Wednesday in June, notwithstanding the fact that any such days may be legal holidays, and shall qualify in person or, in the case of illness or other providential cause as may be defined and determined by rule or regulation by the Secretary of State, by their agents with their respective political party in the state capitol under such rules and regulations as the Secretary of State may promulgate."
SECTION 15. Said chapter is further amended by striking subsection (a) of Code Section 21-2-214, relating to qualifications of registrars and deputy registrars, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) County registrars and deputy registrars Members of the board of registrars shall be electors of the state and county in which they serve, and any deputy registrars shall be electors of the state. All registrars shall be able to read, write, and speak the English language. Municipal registrars shall be registered Georgia voters and shall be able to read, write, and speak the English language. Registrars and deputy registrars shall have never been convicted of a felony or of any crime involving fraud or moral turpitude, and the appointing authority shall be authorized to investigate the applicants criminal history before making such appointment."

SECTION 16. Said chapter is further amended by striking Code Section 21-2-217, relating to rules for determining residence, and inserting in lieu thereof a new Code Section 21-2-217 to read as follows:
"21-2-217. (a) In determining the residence of a person desiring to register to vote or to qualify to run for elective office, the following rules shall be followed so far as they are applicable:
(1) The residence of any person shall be held to be in that place in which such persons habitation is fixed, without any present intention of removing therefrom, and to which, whenever such person is absent, such person intends to return;

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(2) A person shall not be considered to have lost such persons residence who leaves such persons home and goes into another state or county or municipality in this state, for temporary purposes only, with the intention of returning, unless such person shall register to vote or perform other acts indicating a desire to change such persons citizenship and residence; (3) A person shall not be considered to have gained a residence in any county or municipality of this state into which such person has come for temporary purposes only without the intention of making such county or municipality such persons permanent place of abode; (4) If a person removes to another state with the intention of making it such persons residence, such person shall be considered to have lost such persons residence in this state; (4.1) If a person removes to another county or municipality in this state with the intention of making it such persons residence, such person shall be considered to have lost such persons residence in the former county or municipality in this state; (5) If a person removes to another state with the intention of remaining there an indefinite time and making such state such persons place of residence, such person shall be considered to have lost such persons residence in this state, notwithstanding that such person may intend to return at some indefinite future period; (6) If a person removes to another county or municipality within this state with the intention of remaining there an indefinite time and making such other county or municipality such persons place of residence, such person shall be considered to have lost such persons residence in the former county or municipality, notwithstanding that such person may intend to return at some indefinite future period; (7) The residence for voting purposes of a person shall not be required to be the same as the residence for voting purposes of his or her spouse; (8) No person shall be deemed to have gained or lost a residence by reason of such persons presence or absence while enrolled as a student at any college, university, or other institution of learning in this state; (9) The mere intention to acquire a new residence, without the fact of removal, shall avail nothing; neither shall the fact of removal without the intention; (10) No member of the armed forces of the United States shall be deemed to have acquired a residence in this state by reason of being stationed on duty in this state; (11) If a person removes to the District of Columbia or other federal territory, another state, or foreign country to engage in government service, such person shall not be considered to have lost such persons residence in this state during the period of such service; and the place where the person resided at the time of such persons removal shall be considered and held to be such persons place of residence; (12) If a person is adjudged mentally ill and is committed to an institution for the mentally ill, such person shall not be considered to have gained a residence for voting purposes in the county in which the institution to which such person is committed is located;

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(13) If a person goes into another state and while there exercises the right of a citizen by voting, such person shall be considered to have lost such persons residence in this state; and (14) The specific address in the county or municipality in which a person has declared a homestead exemption, if a homestead exemption has been claimed, shall be deemed the county or municipality of the persons residence address; and (15) For voter registration purposes, the board of registrars and, for candidacy residency purposes, the Secretary of State, election superintendent, or hearing officer may consider evidence of where the person receives significant mail such as personal bills and any other evidence that indicates where the person resides. (b) In determining a voters qualification to register and vote, the registrars to whom such application is made shall consider, in addition to the applicants expressed intent, any relevant circumstances determining the applicants residence. The registrars taking such registration may consider the applicants financial independence, business pursuits, employment, income sources, residence for income tax purposes, age, marital status, residence of parents, spouse, and children, if any, leaseholds, sites of personal and real property owned by the applicant, motor vehicle and other personal property registration, and other such factors that the registrars may reasonably deem necessary to determine the qualification of an applicant to vote in a primary or election. The decision of the registrars to whom such application is made shall be presumptive evidence of a persons residence for voting purposes."
SECTION 17. Said chapter is further amended by striking subsection (d) of Code Section 21-2-219, relating to registration by members of the armed forces or merchant marine and permanent overseas citizens, and inserting in lieu thereof new subsections (d), (f), (g), and (h) to read as follows:
"(d) A properly executed registration card submitted under the provisions of subsection (b) of this Code section, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under Code Section 21-2-381, or a special absentee ballot under Code Section 21-2-381.1, as appropriate. Such card, subject to the limitations of subsection (c) of this Code section, shall constitute a request for an absentee ballot for the period beginning upon the receipt of such card and extending through the second regularly scheduled general election in which federal candidates are on the ballot for all elections for federal offices held during such period." "(f) The office of the Secretary of State is designated as the office, under the federal Help America Vote Act, to be responsible for providing information on registration and absentee ballot procedures for use by absent uniformed services and overseas voters, including the use of the federal write-in absentee ballot. (g) The registrars of each county shall report to the Secretary of State within 60 days after a general election in which federal candidates were on the ballot the combined

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number of absentee ballots transmitted to absent uniformed services and overseas voters in such election and the combined number of such ballots that were returned by such voters and cast in such election. (h) The Secretary of State shall within 90 days after a general election in which federal candidates were on the ballot report to the federal Election Assistance Commission, on such form as may be prescribed by such commission, the combined number of absentee ballots transmitted to absent uniformed services and overseas voters in such election and the combined number of such ballots that were returned by such voters and cast in such election."
SECTION 18. Said chapter is further amended by striking Code Section 21-2-220, relating to application for registration, and inserting in lieu thereof a new Code Section 21-2-220 to read as follows:
"21-2-220. (a) Any person desiring to register as an elector shall apply to do so by making application to a registrar or deputy registrar of such persons county of residence in person, by submission of the federal post card application form as authorized under Code Section 21-2-219, by making application through the Department of Public Motor Vehicle Safety as provided in Code Section 21-2-221, by making application through designated offices as provided in Code Section 21-2-222, or by making application by mail as provided in Code Section 21-2-223. (b) Notwithstanding any other provision of this title, whenever a person makes application to register in person or through the means specified in this Code section, the person authorized to offer registration shall inquire as to whether the individual seeking registration is a citizen of the United States, and the person offering registration shall not be required to offer registration to an individual who answers such inquiry with a negative response. (c) Except as otherwise provided in this subsection, electors who register to vote for the first time in this state by mail must present current and valid identification either when registering to vote by mail or when voting for the first time after registering to vote by mail. The current and valid identification shall be one or more of those forms of identification provided in Code Section 21-2-417 or a legible copy thereof. The registrars shall make copies of any original forms of identification submitted by applicants and return the originals to the applicants. The requirement to submit identification shall not apply to:
(1) Persons who submit identifying information with their applications that the registrars are able to match to information contained on a state database available to such registrars containing the same number, name, and date of birth as contained in the application; (2) Persons who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, et seq.; or (3) Persons who are entitled to vote otherwise than in person under any other federal law.

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(c)(d) If an applicant fails to provide all of the required information on the application for voter registration with the exception of current and valid identification, the board of registrars shall notify the registrant in writing of the missing information. The board of registrars shall not determine the eligibility of the applicant until and unless all required information is supplied by the applicant. If the initial application is received prior to the close of voter registration prior to an election, if the applicant supplies the necessary information on or prior to the date of the election, and if the applicant is found eligible to vote, the applicant shall be added to the list of electors and shall be permitted to vote in the election and any run-off elections resulting therefrom and subsequent elections; provided, however, that voters who registered to vote for the first time in this state by mail must supply current and valid identification when voting for the first time as required in subsection (c) of this Code section. In the event the elector does not respond to the request for the missing information within 30 days, the application shall be rejected. (d)(e) If an applicant submits false information, the board of registrars shall reject the application and shall refer the application to the district attorney of the county for criminal prosecution. If the false information is not discovered until after the applicants application has been approved and the applicants name added to the list of electors, the giving of such false information shall be cause to challenge the applicants right to remain on the list of electors, which, if sustained, shall result in such applicants name being removed from the list and the application being submitted to the district attorney of the county for criminal prosecution. (e)(f) A person registering to vote who is disabled or illiterate may request assistance from any other person in completing the form for registration, but the person offering assistance shall sign the voter registration form in the space provided to identify the person offering assistance. (g) The registrars shall note on their records and the electors list any elector who registers by mail for the first time in this state and does not provide the identification required by subsection (c) of this Code section."
SECTION 19. Said chapter is further amended by adding a new subsection (l) to Code Section 21-2222, relating to designated voter registration agencies, to read as follows:
"(l) The Secretary of State shall have the authority to promulgate rules and regulations to provide for the transmission of voter registration applications and signatures electronically from public assistance offices, offices which provide state funded programs primarily engaged in providing services to persons with disabilities, and recruitment offices of the armed forces of the United States located within this state. Such electronically transmitted signatures shall be valid as signatures on the voter registration application and shall be treated in all respects as a manually written original signature and shall be recognized as such in any matter concerning the voter registration application."

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SECTION 20. Said chapter is further amended by striking subsection (g) of Code Section 21-2-224, relating to official list of electors, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct shall include only the electors name, address, ZIP code, date of birth, voter identification number, a designation of whether the elector registered for the first time in this state by mail and is required to comply with Code Sections 21-2-220 and 21-2-417, congressional district, state Senate district, state House district, county commission district, if any, county or independent board of education district, if any, and municipal governing authority district designations, if any, and such other voting districts, if any. The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct may also include codes designating that an elector has voted by absentee ballot, has been challenged, or has been sent mail by the registrars which has been returned marked undeliverable. No person whose name does not appear on the official list of electors shall vote or be allowed to vote at any election, except as otherwise provided in this article."
SECTION 21. Said chapter is further amended by striking subsection (b) of Code Section 21-2-225, relating to confidentiality of original registration applications, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to Code Section 21-2-417(b) and the social security numbers of the electors and the locations at which the electors applied to register to vote which shall remain confidential and be used only for voter registration purposes; provided, however, that social security numbers of electors may be made available to other state agencies if the agency is authorized to maintain information by social security number and the information is used only to identify the elector on the receiving agencys data base and is not disseminated further and remains confidential."
SECTION 22. Said chapter is further amended by striking subsection (a) of Code Section 21-2-230, relating to challenge of persons on electors list by other persons, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any elector of the county or municipality may challenge the right of any other elector of the county or municipality, whose name appears on the list of electors, to vote in an election. Such challenge shall be in writing and specify distinctly the grounds of such challenge. Such challenge may be made at any time prior to the elector whose right to vote is being challenged voting at the electors polling place or, if such elector

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cast an absentee ballot, prior to 5:00 p.m. on 12:00 Noon on the day of before the election."
SECTION 23. Said chapter is further amended by striking subsection (a) of Code Section 21-2-233, relating to comparison of change of address information supplied by the United States Postal Service with the electors list, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Secretary of State is authorized to cause at his or her discretion the official list of electors to be compared to the change of address information supplied by the United States Postal Service through its licensees periodically, but not more often than once each year, for the purpose of identifying those electors whose addresses have changed."
SECTION 24. Said chapter is further amended by striking subsection (a) of Code Section 21-2-235, relating to inactive list of electors, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In addition to the official list of electors, the Secretary of State shall also maintain an inactive list of electors. Notwithstanding any other provision of law to the contrary, the names of electors on the inactive list of electors shall not be counted in computing the number of ballots required for an election, the number of voting machines or vote recorders devices needed for a precinct, the number of electors required to divide or constitute a precinct, or the number of signatures needed on any petition. However, any elector whose name appears on the inactive list shall be eligible to sign a petition and such petition signature, if valid, shall be sufficient to return the elector to the official list of electors if the elector still resides at the address listed on the electors registration records and shall be grounds to proceed under Code Section 21-2-234 to confirm the change of address of the elector if the elector provides a different address from the address which appears on the electors registration records."
SECTION 25. Said chapter is further amended by striking subsection (a) of Code Section 21-2-267, relating to equipment at polling places, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The governing authority shall provide and the superintendent shall cause all rooms used as polling places to be provided with suitable heat and light and, in precincts in which ballots are used, with a sufficient number of voting compartments or booths with proper supplies in which the electors may conveniently mark their ballots, with a curtain, screen, or door in the upper part of the front of each compartment or booth so that in the marking thereof they may be screened from the observation of others. A curtain, screen, or door shall not be required, however, for the self-contained units used as voting booths in which vote recorders direct recording electronic (DRE) voting units are located if such booths have been designed so as to ensure the privacy of the elector.

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When practicable, every polling place shall consist of a single room, every part of which is within the unobstructed view of those present therein and shall be furnished with a guardrail or barrier closing the inner portion of such room, which guardrail or barrier shall be so constructed and placed that only such persons as are inside such rail or barrier can approach within six feet of the ballot box and voting compartments, or booths, or voting machines, as the case may be. The ballot box and voting compartments or booths shall be so arranged in the voting room within the enclosed space as to be in full view of those persons in the room outside the guardrail or barrier. The voting machine or machines shall be placed in the voting rooms within the enclosed space so that, unless its construction shall otherwise require, the ballot labels on the face of the machine can be plainly seen by the poll officers when the machine is not occupied by an elector. In the case of direct recording electronic voting units, the units shall be arranged in such a manner as to ensure the privacy of the elector while voting on such units, to allow monitoring of the units by the poll officers while the polls are open, and to permit the public to observe the voting without affecting the privacy of the electors as they vote."
SECTION 26. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 21-2-286, relating to printing specifications, numbering, and binding of ballots, and inserting a new paragraph (1) to read as follows:
"(b)(1) Paper ballots other than those printed for optical scanning voting systems shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as 'brevier' or 'eight-point body,' upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors or may have colored stripes or blocks to distinguish the ballots if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 25, 50, or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered; and, in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal perforated line so as to constitute a number strip and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: 'Tear off before depositing ballot in ballot box.'"

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SECTION 27. Said chapter is further amended by striking Code Section 21-2-287, relating to form of absentee ballots, and inserting in lieu thereof a new Code Section 21-2-287 to read as follows:
"21-2-287. The form for the absentee ballot shall be in substantially the same form as the official ballots used in the precincts, except it shall be printed with only the name stub and without a number strip and may have the precinct designation printed or stamped thereon."
SECTION 28. Said chapter is further amended by adding a new subsection (e) to Code Section 21-2300, relating to provision of new voting equipment by state, to read as follows:
"(e)(1) Counties shall be authorized to contract with municipal governments for the use of such voting equipment in municipal elections under terms and conditions specified by the Secretary of State to assure that the equipment is properly used and kept secure. (2) Notwithstanding the provisions of Code Section 21-2-45, counties may not levy a fee for use of state owned voting equipment but may require municipalities to reimburse the county for the actual expenses related to the election or elections that are subject to the county and municipal contract."
SECTION 29. Said chapter is further amended by repealing Code Section 21-2-301, relating to a pilot program, which reads as follows:
"21-2-301. (a) The Secretary of State is authorized to conduct a pilot project to test and evaluate the use of electronic recording voting systems during the 2001 municipal elections. The Secretary of State in his or her discretion may select a number of municipalities to participate in such pilot program. (b) Electronic recording voting systems used in the pilot program shall meet the requirements contained in Part 5 of Article 9 of this chapter and shall have been certified by the Secretary of State as provided in Code Section 21-2-379.2. Such voting systems shall be required to have an independent audit trail for each vote cast. (c) The Secretary of State shall furnish the electronic recording voting systems to the selected municipalities for use in the pilot project, provided that the municipalities provide polling places with adequate electrical outlets, telephone lines, and other facilities necessary to operate such electronic recording voting systems. (d) The Secretary of State is authorized to use different types of electronic recording voting systems in the pilot project. However, the same type system must be used in all precincts within a municipality and there shall not be any other voting systems used in that municipality for voting at the polling places on election day unless there is an emergency declared by the Secretary of State due to the failure of the system or due to

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the inability for any reason of the electors to be able to cast their ballots on the system. In the event of such declared emergency situation, the Secretary of State may direct the use of any method of voting authorized by this chapter in the municipal election.
(e)(1) There is created the Twenty-first Century Voting Commission. The commission shall be composed of two members appointed by the Speaker of the House of Representatives, two members appointed by the Lieutenant Governor, two members appointed by the Governor, the chief information officer for the State of Georgia or his or her designee, eight members appointed by the Secretary of State of which six shall be county or municipal election officials, the director of the Elections Division of the office of the Secretary of State, one member designated by each political body that qualified candidates in the 2000 November general election, and the Secretary of State, who shall be the chairperson of the commission. In appointing members to such commission, the Speaker of the House of Representatives, the President of the Senate, the Governor, and the Secretary of State shall ensure equal representation on the commission by each political party in their respective appointments; provided, however, that nothing contained herein shall prohibit the Secretary of State from appointing election officials to the commission who have no political party affiliation or who are nonpartisan. The commission shall coordinate and oversee the pilot project authorized by this Code section. (2) The commission may work with the Board of Regents of the University System of Georgia and the Department of Education in seeking avenues and incentives to encourage student participation as poll workers and in other areas of the election process. (3) The commission shall make a report to the Governor and the General Assembly by December 31, 2001, on the results of the pilot project and shall further advise the Secretary of State on the choice of voting equipment to be used state wide in all counties pursuant to Code Section 21-2-300. (4) Any members of the General Assembly serving on the commission shall receive the allowances authorized for legislative members of interim legislative committees. The public members of the commission who are not public employees shall receive a daily expense allowance as provided in subsection (b) of Code Section 45-7-21. Any public employee serving on the commission shall receive no compensation but may be reimbursed for expenses. (5) The commission shall continue its work through December 31, 2002, after which time it shall stand abolished unless reauthorized and continued by the General Assembly. (6) The Commission shall have at least one meeting in North Georgia (outside of Atlanta), one meeting in Central Georgia and one meeting in South Georgia."
SECTION 30. Said chapter is further amended by striking subsection (a) of Code Section 21-2-369, relating to printing of optical scanning ballots, and inserting in lieu thereof a new subsection (a) to read as follows:

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"(a) The ballots shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the optical scanner, and in
plain, clear type so as to be easily readable by persons with normal vision; provided,
however, that red material shall not be used except that all ovals appearing on the ballot to indicate where a voter should mark to cast a vote may be printed in red ink."

SECTION 31. Said chapter is further amended by striking subsection (e) of Code Section 21-2-379.5, relating to ballot information, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) When presidential electors are to be elected, the ballot shall not list the individual names of the candidates for presidential electors but shall list the names of each political party and body and the names of the political party or body candidates for the office of President and Vice President. The individual names or the nominees of each political party or body for such offices shall be posted at each polling place with the sample ballots required by subsection (d) of Code Section 21-2-379.7 arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States. A vote for the candidates for President and Vice President of a political party or body shall be deemed to be a vote for each of the candidates for presidential electors of such political party or body."
SECTION 32. Said chapter is further amended by striking subsection (c) of Code Section 21-2-379.6, relating to maintenance of voting systems and supplies, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) On or before the third day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall have each DRE unit tested to ascertain that it will correctly count the votes cast for all offices and on all questions in a manner that the State Election Board shall prescribe by rule or regulation. On or before the third day preceding a primary runoff or election runoff, including special primary runoffs and special election runoffs, the superintendent shall test a number of DRE units at random to ascertain that the units will correctly count the votes cast for all offices. If the total number of DRE units in the county is 30 units or less, all of the units shall be tested. If the total number of DRE units in the county is more than 30 but not more than 100, then at least one-half of the units shall be tested at random. If there are more than 100 DRE units in the county, the superintendent shall test at least 15 percent of the units at random. In no event shall the superintendent test less than one DRE unit per precinct. All memory cards to be used in the runoff shall be tested. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, news media, and the public shall be permitted to observe such tests."

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SECTION 33. Said chapter is further amended by striking subsection (d) of Code Section 21-2-379.7, relating to preparation of polling places, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The superintendent shall, at least one hour prior to the opening of the polls: (1) Provide sufficient lighting to enable electors, if needed in the voting booth, to read the ballot and which shall be suitable for the use of the poll officers in examining the booth and conducting their responsibilities; (2) Provide directions for voting on the DRE units which shall be prominently posted within each voting booth and at least two sample ballots for the primary or election which shall be prominently posted outside the enclosed space within the polling place; (3) Ensure that each DRE units tabulating mechanism is secure throughout the day during the primary or election; and (4) Provide at least one DRE unit accessible to disabled electors at each precinct; and (5) Provide such other materials and supplies as may be necessary or required by law." SECTION 34.
Said chapter is further amended by striking Code Section 21-2-379.11, relating to procedure for tabulation of votes, and inserting in lieu thereof a new Code Section 21-2379.11 to read as follows:
"21-2-379.11. (a) In primaries and elections in which direct recording electronic (DRE) voting equipment is used, the ballots shall be counted at the precinct or tabulating center under the direction of the superintendent. All persons who perform any duties at the tabulating center shall be deputized by the superintendent and only persons so deputized shall touch any ballot, container, paper, or machine utilized in the conduct of the count or be permitted to be in the immediate area designated for officers deputized to conduct the count. (b) All proceedings at the tabulating center and precincts shall be open to the view of the public, but no person except one employed and designated for the purpose by the superintendent or the superintendents authorized deputy shall touch any ballot, any DRE unit, or the tabulating equipment. (c) After the polls have closed and all voting in the precinct has ceased, the poll manager shall shut down the DRE units and extract the election results from each unit as follows:
(1) The manager shall obtain the tabulating results tape from each DRE unit and verify that the number of ballots cast as recorded on the tape matches the public count number as displayed on the DRE unit; (2) If a system is established by the Secretary of State, the poll manager shall first transmit the election results extracted from each DRE unit in each precinct via modem to the central tabulating center of the county; and (3) The manager shall then extract the ballot storage medium memory card from each DRE unit.

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(d) Upon completion of shutting down each DRE unit and extracting the election results, the manager shall cause to be completed and signed a ballot recap form, in sufficient counterparts, showing:
(1) The number of valid ballots; (2) The number of spoiled and invalid ballots; (3) The number of provisional ballots; and (4) The number of unused provisional ballots and any other unused ballots. The manager shall cause to be placed in the ballot supply container one copy of the recap form and any unused, defective, spoiled, and invalid ballots, each enclosed in an envelope. (e) The manager shall wrap collect and retain the zero tape and the tabulating results tape for each DRE unit around the ballot storage medium and place such tapes with the memory card for that each unit and enclose all such items for all of the DRE units used in the precinct in an one envelope which shall be sealed and initialed by the manager so that it cannot be opened without breaking the seal. One envelope shall be used for the documentation for each DRE unit and all envelopes from the polling place shall be placed in an envelope container which shall also be sealed so that it cannot be opened without breaking the seal. (f) The manager and one poll worker shall then deliver the envelope container to the tabulating center for the county or municipality or to such other place designated by the superintendent and shall receive a receipt therefor. The copies of the recap forms, unused ballots, records, and other materials shall be returned to the designated location and retained as provided by law. (g) Upon receipt of the sealed envelopes envelope containing the zero tapes, tabulating results tapes, and ballot storage media memory cards, the election superintendent shall verify the signatures on the envelope. Once verified, the superintendent shall break the seal of the envelope and remove its contents. The superintendent shall then download the results stored on the ballot storage medium memory card from each DRE unit into the election management system located at the central tabulation point of the county in order to obtain election results for certification."
SECTION 35. Said chapter is further amended by striking Code Section 21-2-380, relating to definition of absentee elector, and inserting in lieu thereof a new Code Section 21-2-380 to read as follows:
"21-2-380. (a) As used in this article, the term 'absentee elector' means an elector of this state or a municipality thereof who:
(1) Is required to be absent from his or her precinct during the time of the primary or election he or she desires to vote in; (2) Will perform any of the official acts or duties set forth in this chapter in connection with the primary or election he or she desires to vote in;

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(3) Because of physical disability or because of being required to give constant care to someone who is physically disabled, will be unable to be present at the polls on the day of such primary or election; (4) Because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election; (5) Is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides; or (6) Is 75 years of age or older. (b) An elector who casts an absentee ballot in person at the registrars office or absentee ballot clerks office during the period of Monday through Friday of the week immediately preceding the date of a primary, election, or run-off primary or election shall not be required to provide a reason as identified in subsection (a) of this Code section in order to cast an absentee ballot in such primary, election, or run-off primary or election."
SECTION 36. Said chapter is further amended by striking paragraphs (1) and (3) of subsection (a) of Code Section 21-2-381, relating to making of application for absentee ballot, and inserting in lieu thereof new paragraphs (1) and (3) to read as follows:
"(1) Not Except as otherwise provided in Code Section 21-2-219, not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrars or absentee ballot clerks office, an application for an official ballot of the electors precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or municipality or a physically disabled elector residing within the county or municipality, the application for the electors absentee ballot may, upon satisfactory proof of relationship, be made by such electors mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. Except in the case of physically disabled electors residing in the county or municipality, no absentee ballot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the electors voter registration record or a temporary out-of-county or out-of-municipality address. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign such electors own application because of illiteracy or physical disability, the elector shall make

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such electors mark, and the person filling in the rest of the application shall sign such persons name below it as a witness. One timely and proper application for an absentee ballot for use in a primary or election shall be sufficient to require the mailing of the absentee ballot for such primary or election as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates and any runoffs resulting therefrom all primaries and elections for federal offices and any runoffs therefrom, including presidential preference primaries, held during the period beginning upon the receipt of such absentee ballot application and extending through the second regularly scheduled general election in which federal candidates are on the ballot occurring thereafter to an eligible absentee elector who lives outside the county or municipality in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen. Any elector meeting criteria of advanced age or disability specified by rule or regulation of the Secretary of State may request in writing on one application a ballot for a primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates as well as any runoffs resulting therefrom. If not so requested by such person a separate and distinct application shall be required for each primary, run-off primary, election, and run-off election. Notwithstanding the foregoing Except as otherwise provided in this paragraph, a separate and distinct application for an absentee ballot shall always be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary." "(3) All applications for an official absentee ballot that are distributed by a person, entity, or organization shall list thereon all of the legally acceptable categories of absentee electors contained in Code Section 21-2-380 and shall require the elector to select the category which qualifies the elector to vote by absentee ballot. No application for an official absentee ballot that is physically attached to a publication that advocates for or against a particular candidate, issue, political party, or political body shall be distributed by any person, entity, or organization."
SECTION 37. Said chapter is further amended by striking Code Section 21-2-383, relating to preparation and delivery of ballots, and inserting in lieu thereof a new Code Section 21-2383 to read as follows:
"21-2-383. (a) Ballots for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars or absentee ballot clerk as provided in Code Section 21-2-384. Such ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties using voting machines or vote recorders direct

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recording electronic (DRE) units the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot to be machine tabulated. Every such ballot shall have printed with other instructions thereon the following:
'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.' The form for either ballot shall be determined and prescribed by the Secretary of State, except in municipal primaries or elections, in which the form of absentee ballots which follows the paper ballot format shall be determined and prescribed by the superintendent. (b) Notwithstanding any other provision of this Code section, direct recording electronic voting systems may be used for casting absentee ballots in person at a registrars office or in accordance with Code Section 21-2-382, providing for additional sites. In such cases, the absentee ballots shall be coded in such a way that the ballot of a challenged voter can be separated from other valid ballots at the time of tabulation until the challenge is resolved."
SECTION 38. Said chapter is further amended by striking subsections (b) and (c) of Code Section 21-2384, relating to oath of absentee electors, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) In addition to the mailing envelope, the superintendent, board of registrars, or absentee ballot clerk shall provide two envelopes for each official absentee ballot, of such size and shape as shall be determined by the Secretary of State, in order to permit the placing of one within the other and both within the mailing envelope. On the smaller of the two envelopes to be enclosed in the mailing envelope shall be printed the words 'Official Absentee Ballot' and nothing else. On the back of the larger of the two envelopes to be enclosed within the mailing envelope shall be printed the form of oath of the elector and the oath for persons assisting electors, as provided for in Code Section 21-2-409, and the penalties provided for in Code Sections 21-2-568, 21-2-573, 21-2-579, and 21-2-599 for violations of oaths; and on the face of such envelope shall be printed the name and address of the board of registrars or absentee ballot clerk. The mailing envelope addressed to the elector shall contain the two envelopes, the official absentee ballot, and the uniform instructions for the manner of preparing and returning the ballot, in form and substance as provided by the Secretary of State and nothing else. The uniform instructions shall include information specific to the voting system used for absentee voting concerning the effect of overvoting or voting for more candidates than one is authorized to vote for a particular office and information concerning how the elector may correct errors in voting the ballot before it is cast including information on how to obtain a replacement ballot if the elector is unable to change the ballot or correct the error.
(c)(1) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form:

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I, the undersigned, do swear (or affirm) that I am a citizen of the United States

and of the State of Georgia; that my residence address is __________ County,

Georgia; that I possess the qualifications of an elector required by the laws of the

State of Georgia; that I am entitled to vote in the precinct containing my

residence in the primary or election in which this ballot is to be cast; that I am

eligible to vote by absentee ballot; that I have not marked or mailed any other

absentee ballot, nor will I mark or mail another absentee ballot for voting in such

primary or election; nor shall I vote therein in person; and that I have read and

understand the instructions accompanying this ballot; and that I have carefully

complied with such instructions in completing this ballot. I understand that the

offer or acceptance of money or any other object of value to vote for any

particular candidate, list of candidates, issue, or list of issues included in this

election constitutes an act of voter fraud and is a felony under Georgia law.

_____________________

______________________

Electors Residence

Electors Place of Birth

Address

____________________

Month and Day of

Electors Birth

_______________________

Signature or Mark of Elector

Oath of Person Assisting Elector (if any):

I, the undersigned, do swear (or affirm) that I assisted the above-named elector in

marking such electors absentee ballot as such elector personally communicated

such electors preference to me; that I am satisfied that such elector presently

possesses the disability noted below; and that by reason of such disability such

elector is entitled to receive assistance in voting under provisions of subsection (a)

of Code Section 21-2-409.

This, the ______ day of _________________.

________________________

Signature of Person Assisting

Elector -- Relationship

Reason for assistance (Check appropriate square):

( ) Elector is unable to read the English language.

( ) Elector has following physical disability _______________________________.

The forms upon which such oaths are printed shall contain the following information:

Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person

shall assist more than ten electors in any primary or election.

Georgia law further provides that any person who knowingly falsifies information

so as to vote illegally by absentee ballot or who illegally gives or receives assistance

in voting, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be

guilty of a misdemeanor.

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(2) In the case of absent uniformed services or overseas voters, if the Presidential designee under Section 705(b) of the federal Help America Vote Act promulgates a standard oath for use by such voters, the Secretary of State shall be required to use such oath on absentee ballot materials for such voters and such oath shall be accepted in lieu of the oath set forth in paragraph (1) of this subsection."
SECTION 39. Said chapter is further amended by striking subsection (a) of Code Section 21-2-385, relating to procedure for voting by absentee ballot, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At any time after receiving an official absentee ballot, but before the day of the primary or election, except electors who are confined to a hospital on the day of the primary or election, the elector shall vote his or her absentee ballot, then fold the ballot and enclose and securely seal the same in the envelope on which is printed 'Official Absentee Ballot.' This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector, the name, relationship, and oath of the person assisting, if any, and other required identifying information. The elector shall then fill out, subscribe, and swear to the oath printed on such envelope. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the board of registrars or absentee ballot clerk, provided that delivery by a physically disabled elector may be made by any adult person upon satisfactory proof that such adult person is such electors mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, motherin-law, father-in-law, brother-in-law, sister-in-law, or an individual residing in the household of such disabled elector. An elector who is confined to a hospital on a primary or election day to whom an absentee ballot is delivered by the registrar or absentee ballot clerk shall then and there vote the ballot, seal it properly, and return it to the registrar or absentee ballot clerk. If the elector registered to vote for the first time in this state by mail and has not previously provided the identification required by Code Section 21-2-220 and votes for the first time by absentee ballot and fails to provide the identification required by Code Section 21-2-220 with such absentee ballot, such absentee ballot shall be treated as a provisional ballot and shall be counted only if the registrars are able to verify the identification and registration of the elector during the time provided pursuant to Code Section 21-2-419."
SECTION 40. Said chapter is further amended by striking paragraph (1) of subsection (a) and subsections (b) and (e) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof a new paragraph (1) of subsection (a) and new subsections (b) and (e) to read as follows:
"(a)(1) The board of registrars or absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the

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polls on the day of the primary or election except as otherwise provided in this subsection. Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee electors application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing or initialing his or her name below the voters oath. Each electors name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrars or clerks office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least one year. Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee voters and three copies of the numbered list of rejected absentee voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board or absentee ballot clerk after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board or absentee ballot clerk and then transferred to the appropriate clerk for storage for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars or absentee ballot clerk shall promptly notify the elector by first-class mail that the electors ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election. All such late absentee ballots shall be delivered to the appropriate clerk and stored as provided in Code Section 21-2-390." "(b) As soon as practicable after 12:00 Noon on the day of the primary or election, in precincts other than those in which vote recorders or optical scanning tabulators are used, a registrar or absentee ballot clerk shall deliver the official absentee ballot of each certified absentee elector, each rejected absentee ballot, applications for such ballots, and copies of the numbered lists of certified and rejected absentee electors to the manager in charge of the absentee ballot precinct of the county or municipality, which shall be located in the precincts containing the county courthouse or polling place designated by the municipal superintendent. In those precincts in which vote recorders or optical scanning tabulators are used, such absentee ballots shall be taken to the tabulation center or other place designated by the superintendent, and the official

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receiving such absentee ballots shall issue his or her receipt therefor. In no event shall the counting of the ballots begin before the polls close." "(e) If an absentee electors right to vote has been challenged for cause, a poll officer shall open the envelopes and write 'Challenged,' the electors name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the box; and it shall be counted as other challenged ballots are counted. In the case of absentee votes cast on direct recording electronic voting systems, the ballots shall be coded in such a way that the ballot of a challenged voter can be separated from other valid ballots at the time of tabulation and the challenged ballots shall be counted or rejected in accordance with Code Section 212-230. The board of registrars or absentee ballot clerk shall promptly notify the elector of such challenge."
SECTION 41. Said chapter is further amended by striking Code Section 21-2-390, relating to delivery of election materials to clerk of superior court or city clerk after primary or election, and inserting in lieu thereof a new Code Section 21-2-390 to read as follows:
"21-2-390. All official absentee ballots, applications for such ballots, and envelopes on which the forms of affidavits and jurats appear shall be delivered to the clerk of the superior court or the city clerk upon the conclusion of the primary or election and shall be safely kept by him or her for the period required by law and then shall be destroyed. The applications for such ballots shall be retained by the board of registrars or the municipal absentee ballot clerk for at least 24 months and then may be destroyed. On the day following the primary or election, the board of registrars or the municipal absentee ballot clerk shall transmit all canceled, spoiled, and rejected absentee ballots and copies of requests for cancellation of absentee ballots to the clerk of the superior court or the city clerk to be held with other election materials as provided in Code Section 21-2500. The registrars or the municipal absentee ballot clerk shall also transmit an accounting of all absentee ballots, including the number furnished by the registrars or the municipal absentee ballot clerk, the number issued to electors, the number spoiled, and the number rejected."
SECTION 42. Said chapter is further amended by striking subsection (c) of Code Section 21-2-400, relating to duty of superintendent to obtain cards of instruction, blank forms of oaths, and other forms and supplies, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In those counties and municipalities which employ the use of vote recorders or voting machines, the The superintendent shall prepare sample or facsimile ballots or ballot labels, as the case may be, for each general election which shall contain each question and the candidates who are offering for election for each office which will be voted upon in the county or municipality. The superintendent shall maintain such sample or facsimile ballots or ballot labels at the county courthouse for distribution

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upon request to interested electors. Such sample or facsimile ballots or ballot labels shall comply with Code Section 21-2-575."
SECTION 43. Said chapter is further amended by striking subsection (a) of Code Section 21-2-405, relating to meeting of poll officers at place of primary or election, an inserting in lieu thereof a new subsection (a) and adding a new subsection (e) to read as follows:
"(a) The chief manager and two assistant managers shall meet in the respective places appointed for holding the primary or election in each precinct at least one hour before the hour for opening the polls on the day of each primary or election. The other required poll officers shall meet in the respective places appointed for holding the primary or election in each precinct at least 30 minutes before the hour for opening the polls on the day of each primary or election. Before entering upon their duties at any primary or election, all poll officers shall take and subscribe in duplicate to the oaths required by this chapter." "(e) Nothing in this Code section shall prohibit a county or municipality from offering poll officers, other than the chief manager and assistant managers, the option of working part of an election day, rather than the entire day from the opening of the polls to the closing of the polls and completion of the required duties following the closing of the polls. In such cases, any poll officer who begins a shift of work after the opening of the polls shall take and subscribe the same oath as required of poll officers in subsection (a) of this Code section and shall handle such duties as assigned by the chief manager."
SECTION 44. Said chapter is further amended by striking subsection (c) of Code Section 21-2-408, relating to poll watchers, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In counties or municipalities using vote recorders direct recording electronic (DRE) voting systems or optical scanning voting systems, each political party may appoint two poll watchers in each primary or election, each political body may appoint two poll watchers in each election, each nonpartisan candidate may appoint one poll watcher in each nonpartisan election, and each independent candidate may appoint one poll watcher in each election to serve in the locations designated by the superintendent within the tabulating center. Such designated locations shall include the check-in area, the computer room, the duplication area, and such other areas as the superintendent may deem necessary to the assurance of fair and honest procedures in the tabulating center. The poll watchers provided for in this subsection shall be appointed and serve in the same manner as other poll watchers."
SECTION 45. Said chapter is further amended by striking subsection (a) and paragraph (2) of subsection (b) of Code Section 21-2-409, relating to assisting electors who cannot read

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English or have physical disabilities, and inserting in lieu thereof a new subsection (a) and paragraph (2) of subsection (b) to read as follows:
"(a) No elector shall receive any assistance in voting at any primary or election unless he or she is unable to read the English language or he or she has a physical disability which renders him or her unable to see or mark the ballot or operate the voting machine or vote recorder equipment or to enter the voting compartment or booth without assistance and the poll officers are satisfied that he or she suffers from the disability. The elector shall take an oath that shall be administered to him or her and placed in writing by a manager, giving the reason why the elector requires assistance. The printed name and the signature of such person assisting the elector shall be provided on the oath. Except that an for a blind elector, before an elector shall be permitted to receive assistance, the elector shall take an oath which shall be administered to him or her and placed in writing by a manager, giving the reason why the elector requires assistance. The name of each person assisting the elector shall be endorsed on the oath. An elector who declares that by reason of blindness he or she is unable to cast a vote as he or she wishes and who in the judgment of a manager is blind may receive assistance on the basis of the blind electors declaration without the necessity of an oath. The printed name and the signature of each such person assisting a blind elector shall be shown provided on the declaration."
"(2) In all other elections, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select (1) any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (2) the mother, father, sister, brother, spouse, or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him or her to assist in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten such electors in any primary, election, or runoff covered by this paragraph. No person whose name appears on the ballot as a candidate at a particular election nor the mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of that candidate may offer assistance during that particular election under the provisions of this Code section to any voter who is not related to such candidate. For the purposes of this paragraph, 'related to such candidate' shall mean the candidates mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-inlaw, mother-in-law, father-in-law, brother-in-law, or sister-in-law."
SECTION 46. Said chapter is further amended by striking subsection (f) of Code Section 21-2-413, relating to conduct of voters, campaigners, and others at polling places generally, and inserting in lieu thereof a new subsection (f) to read as follows:

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"(f) All persons except poll officers, poll watchers, persons in the course of voting and such persons children under 18 years of age or any child who is 12 years of age or younger accompanying such persons, persons lawfully giving assistance to electors, duly authorized investigators of the State Election Board, and peace officers when necessary for the preservation of order, must remain outside the enclosed space during the progress of the voting. Notwithstanding any other provision of this chapter, any elector shall be permitted to be accompanied into the enclosed area and into a voting compartment or voting machine booth while voting by such electors child or children under 18 years of age or any child who is 12 years of age or younger unless the poll manager or an assistant manager determines in his or her sole discretion that such child or children are causing a disturbance or are interfering with the conduct of voting. Children accompanying an elector in the enclosed space pursuant to this subsection shall not in any manner handle any ballot nor operate any function of a of the voting machine or vote recorder equipment under any circumstances."
SECTION 47. Said chapter is further amended by striking subsections (f) and (g) of Code Section 21-2414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, and inserting in lieu thereof new subsections (f), (g), and (h) to read as follows:
"(f) No person whose name appears as a candidate on the ballot being voted upon at a primary, election, special primary, or special election, except a judge of the probate court serving as the election superintendent, shall physically enter any polling place other than the polling place at which that person is authorized to cast his or her ballot for that primary, election, special primary, or special election and, after casting his or her ballot, the candidate shall not return to such polling place until after the poll has closed and voting has ceased. Judges of the probate court serving as election superintendents shall enter polling places only as necessary to fulfill their duties as election superintendents and shall not engage in any practice prohibited by this Code section. (g) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted. (g) (h) Any person who violates this Code section shall be guilty of a misdemeanor."
SECTION 48. Said chapter is further amended by striking Code Section 21-2-417, relating to presentation of identification to poll workers, and inserting in lieu thereof a new Code Section 21-2-417 to read as follows:
"21-2-417.

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(a) Each elector shall present proper identification to a poll worker at or prior to completion of a voters certificate at any polling place and prior to such persons admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following:
(1) A valid Georgia drivers license; (2) A valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification; (3) A valid United States passport; (4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state; (5) A valid employee identification card containing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employers business; (6) A valid student identification card containing a photograph of the elector from any public or private college, university, or postgraduate technical or professional school located within the State of Georgia; (7) A valid Georgia license to carry a pistol or revolver; (8) A valid pilots license issued by the Federal Aviation Administration or other authorized agency of the United States; (9) A valid United States military identification card; (10) A certified copy of the electors birth certificate; (11) A valid social security card; (12) Certified naturalization documentation; or (13) A certified copy of court records showing adoption, name, or sex change; (14) A current utility bill, or a legible copy thereof, showing the name and address of the elector; (15) A bank statement, or a legible copy thereof, showing the name and address of the elector; (16) A government check or paycheck, or a legible copy thereof, showing the name and address of the elector; or (17) A government document, or a legible copy thereof, showing the name and address of the elector. (b) If an elector is unable to produce any of the items of identification listed in subsection (a) of this Code section, he or she shall sign a statement under oath in a form approved by the Secretary of State, separate and distinct from the electors voter certificate, swearing or affirming that he or she is the person identified on the electors voter certificate. Such person shall be allowed to vote without undue delay; provided, however, that an elector who registered for the first time in this state by mail and did not provide one of the forms of identification set forth in subsection (a) of this Code section at the time of registration and who is voting for the first time may vote a provisional ballot pursuant to Code Section 21-2-418 upon swearing or affirming that

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the elector is the person identified in the electors voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in this Code section within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement."
SECTION 49. Said chapter is further amended by adding new subsections (d), (e), (f), and (g) to Code Section 21-2-418, relating to provisional ballots, to read as follows:
"(d) Notwithstanding any provision of this chapter to the contrary, in the event that the time for closing the polls at a polling place or places is extended by court order, all electors who vote during such extended time period shall vote by provisional ballot only. Such ballots shall be separated and held apart from other provisional ballots cast by electors during normal poll hours. (e) The registrars shall establish a free access system, such as a toll-free telephone number or Internet website, by which any elector who casts a provisional ballot in a primary or election, or runoff of either, in which federal candidates are on the ballot may ascertain whether such ballot was counted and, if such ballot was not counted, the reason why such ballot was not counted. The registrars shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used by such free access system. Access to such information about an individual provisional ballot shall be restricted to the elector who cast such ballot. (f) At the time an elector casts a provisional ballot, the poll officers shall give the elector written information that informs the elector of the existence of the free access system required by subsection (e) of this Code section by which the elector will be able to ascertain if his or her ballot was counted and, if such ballot was not counted, the reason why such ballot was not counted. (g) Failure to establish such free access system shall subject the registrars and the county by which the registrars are employed to sanctions by the State Election Board."
SECTION 50. Said chapter is further amended by striking subsection (c) of Code Section 21-2-438, relating to ballots identifying voter, not marked, or improperly marked declared void, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Notwithstanding any other provisions of this chapter to the contrary and in accordance with the rules and regulations of the State Election Board promulgated pursuant to paragraph (7) of Code Section 21-2-31, if the elector has marked his or her ballot in such a manner that he or she has indicated clearly and without question the candidate for whom he or she desires to cast his or her vote, his or her ballot shall be counted and such candidate shall receive his or her vote, notwithstanding the fact that

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the elector in indicating his or her choice may have marked his or her ballot in a manner other than as prescribed by this chapter."
SECTION 51. Said chapter is further amended by repealing and reserving Part 4 of Article 11.
SECTION 52. Said chapter is further amended by striking subsection (g) of Code Section 21-2-480, relating to form and arrangement of optical scanning voting equipment, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) When presidential electors are to be elected, the ballot shall not list the individual names of the candidates for presidential electors but shall list the names of each political party and body and the names of the political party or body candidates for the office of President and Vice President. The individual names or the nominees of each political party or body for such offices shall be posted at each polling place with the sample ballots required by subsection (c) of Code Section 21-2-375 arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States. A vote for the candidates for President and Vice President of a political party or body shall be deemed to be a vote for each of the candidates for presidential electors of such political party or body."
SECTION 53. Said chapter is further amended by striking Code Section 21-2-482, relating to absentee ballots for precincts using optical scanning voting equipment, and inserting in lieu thereof a new Code Section 21-2-482 to read as follows:
"21-2-482. Ballots in a precinct using optical scanning voting equipment for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars as provided in Code Section 21-2-384. Such ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties or municipalities using voting machines, vote recorders direct recording electronic (DRE) units, or optical scanners, the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot to be machine tabulated. Every such ballot shall have printed on the face thereof the following: 'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.' The form for either ballot shall be determined and prescribed by the Secretary of State."
SECTION 54. Said chapter is further amended by striking subsection (g) of Code Section 21-2-483,

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relating to the counting of ballots, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g)(1) The precinct tabulator shall be programmed to return to the voter at the time that the voter inserts the ballot any ballot on which an overvote is indicated, along with any ballot that cannot be processed by the tabulator for reevaluation or correction or spoiling of the ballot, and a new ballot shall be issued if needed the voter desires to vote another ballot in order to correct mistakes, overvotes, or other problems.
(2)(A) The central tabulator shall be programmed to reject any ballot, including absentee ballots, on which an overvote is detected and any ballot so rejected shall be manually reviewed by the vote review panel described in this Code section to determine the voters intent as described in subsection (c) of Code Section 21-2438. (B) In a partisan election, the vote review panel shall be composed of the election superintendent or designee thereof and one person appointed by the county executive committee of each political party and body having candidates whose names appear on the ballot for such election, provided that, if there is no organized county executive committee for a political party or body, the person shall be appointed by the state executive committee of the political party or body. In a nonpartisan election, the panel shall be composed of the election superintendent or designee thereof and two electors of the county, in the case of a county election, or the municipality, in the case of a municipal election, appointed by the chief judge of the superior court of the county in which the election is held or, in the case of a municipality which is located in more than one county, of the county in which the city hall of the municipality is located. The panel shall manually review all ballots rejected by the tabulator under subparagraph (A) of this paragraph and shall determine by majority vote whether the electors intent can be determined as described in subsection (c) of Code Section 21-2-438 and, if so, said vote shall be counted as the elector intended. In the event of a tie vote by the vote review panel, the vote of the election superintendent or designee thereof shall control."
SECTION 55. Said chapter is further amended by striking subsections (c) and (e) of Code Section 21-2493, relating to computation, canvassing, and tabulation of returns, and inserting in lieu thereof new subsections (c) and (e) to read as follows:
"(c) In precincts in which paper ballots or vote recorders have been used, the superintendent may require the production of the ballot box and the recount of the ballots contained in such ballot box, either generally or respecting the particular office, nomination, or question as to which the excess exists, in the discretion of the superintendent, and may require the correction of the returns in accordance with the result of such recount. If the ballot box is found to contain more ballots than there are electors registered in such precinct or more ballots than the number of voters who voted in such precinct at such primary or election, the superintendent may, in his or her discretion, exclude the poll of that precinct, either as to all offices, candidates,

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questions, or parties and bodies or as to any particular offices, candidates, questions, or parties and bodies, as to which such excess exists." "(e) In precincts in which paper ballots or vote recorders have been used, the general returns made by the poll officers from the various precincts shall be read one after another in the usual order, slowly and audibly, by one of the assistants who shall, in each case of a return from a precinct in which ballots were used, read therefrom the number of ballots issued, spoiled, canceled, and cast, respectively, whereupon the assistant having charge of the records of the superintendent showing the number of ballots furnished for each precinct, including the number of stubs and unused ballots and spoiled and canceled ballots returned, shall publicly announce the number of the same respectively; and, unless it appears by such number or calculations therefrom that such records and such general return correspond, no further returns shall be read from the latter until all discrepancies are explained to the satisfaction of the superintendent."
SECTION 56. Said chapter is further amended by striking subsections (a) and (c) of Code Section 21-2495, relating to procedure for recount or recanvass of votes, and inserting in lieu thereof new subsections (a) and (c) to read as follows:
"(a) In precincts where paper ballots or vote recorders have been used, the superintendent may, either of his or her own motion or upon petition of any candidate or political party, order the recount of all the ballots for a particular precinct or precincts for one or more offices in which it shall appear that a discrepancy or error, although not apparent on the face of the returns, has been made. Such recount may be held at any time prior to the certification of the consolidated returns by the superintendent and shall be conducted under the direction of the superintendent. Before making such recount, the superintendent shall give notice in writing to each candidate and to the county or municipal chairperson of each party or body affected by the recount. Each such candidate may be present in person or by representative, and each such party or body may send two representatives to be present at such recount. If upon such recount, it shall appear that the original count by the poll officers was incorrect, such returns and all papers being prepared by the superintendent shall be corrected accordingly." "(c) Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in an election or who has been declared eligible for a runoff primary or election and the number of votes received by any other candidate or candidates not declared so nominated or elected or eligible for a runoff shall be not more than 1 percent of the total votes which were cast for such office therein, any such candidate or candidates receiving a sufficient number of votes so that the difference between his or her vote and that of a candidate declared nominated, elected, or eligible for a runoff is not more than 1 percent of the total votes cast, within a period of five two business days following the certification of the election results, shall have the right to a

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recount of the votes cast, if such request is made in writing by the losing candidate. If the office sought is a federal or state office voted upon by the electors of more than one county, the request shall be made to the Secretary of State who shall direct that the recount be performed in all counties in which electors voted for such office and notify the superintendents of the several counties involved of the request. In all other cases, the request shall be made to the superintendent. The superintendent or superintendents shall order a recount of such votes to be made immediately. If, upon such recount, it is determined that the original count was incorrect, the returns and all papers prepared by the superintendent, the superintendents, or the Secretary of State shall be corrected accordingly and the results recertified."
SECTION 57. Said chapter is further amended by striking Code Section 21-2-499, relating to duty of Secretary of State as to tabulation, computation, and canvassing of votes for state and federal officers, in its entirety and inserting in lieu thereof a new Code Section 21-2-499 to read as follows:
"21-2-499. (a) Upon receiving the certified returns of any election from the various superintendents, the Secretary of State shall immediately proceed to tabulate, compute, and canvass the votes cast for all candidates described in subparagraph (A) of paragraph (4) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall thereupon certify and file in his or her office the tabulation thereof. In the event an error is found in the certified returns presented to the Secretary of State or in the tabulation, computation, or canvassing of votes as described in this Code section, the Secretary of State shall notify the county submitting the incorrect returns and direct the county to correct and recertify such returns. Upon receipt by the Secretary of State of the corrected certified returns of the county, the Secretary of State shall issue a new certification of the results and shall file the same in his or her office. (b) The Secretary of State shall also, upon receiving the certified returns for presidential electors, proceed to tabulate, compute, and canvass the votes cast for each slate of presidential electors and shall immediately lay them before the Governor. Not later than 5:00 P.M. on the fourteenth day following the date on which such election was conducted, the Secretary of State shall certify the votes cast for all candidates described in subparagraph (A) of paragraph (4) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall no later than that same time lay the returns for presidential electors before the Governor. The Governor shall enumerate and ascertain the number of votes for each person so voted and shall certify the slates of presidential electors receiving the highest number of votes. The Governor shall certify the slates of presidential electors no later than 5:00 P.M. on the fifteenth day following the date on which such election was conducted. Notwithstanding the deadlines specified in this Code section, such times may be altered for just cause by an order of a judge of superior court of this state.

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(b)(c) The Secretary of State shall not count, tabulate, or publish the names of any write-in candidates for whom the notice of intention of candidacy has not been provided in compliance with Code Section 21-2-133."
SECTION 58. Said chapter is further amended by striking Code Section 21-2-500, relating to delivery of voting materials, and inserting in lieu thereof a new Code Section 21-2-500 to read as follows:
"21-2-500. (a) Immediately upon completing the returns required by this article, in the case of elections other than municipal elections, the superintendent shall deliver in sealed containers to the clerk of the superior court or, if designated by the clerk of the superior court, to the county records manager or other office or officer under the jurisdiction of a county governing authority which maintains or is responsible for records, as provided in Code Section 50-18-99, the used and void ballots and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of each numbered list of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the superintendent shall deliver copies of the voting machine and vote recorder ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, computer programming decks for ballot tabulation programs, and similar items or an electronic record of the program by which votes are to be recorded or tabulated, which is captured prior to the election, and which is stored on some alternative medium such as a CD-ROM or floppy disk simultaneously with the burning programming of the PROM or other memory storage device. The clerk, county records manager, or the office or officer designated by the clerk shall hold such ballots and other documents under seal, unless otherwise directed by the superior court, for at least 24 months, after which time they shall be presented to the grand jury for inspection at its next meeting. Such ballots and other documents shall be preserved in the office of the clerk, county records manager, or officer designated by the clerk until the adjournment of such grand jury, and then they may be destroyed, unless otherwise provided by order of the superior court. (b) The superintendent shall retain all unused ballots for 30 days after the election or primary and, if no challenge or contest is filed prior to or during that period that could require future use of such ballots, may thereafter destroy such unused ballots. If a challenge or contest is filed during that period that could require the use of such ballots, they shall be retained until the final disposition of the challenge or contest and, if remaining unused, may thereafter be destroyed. (c) Immediately upon completing the returns required by this article, the municipal superintendent shall deliver in sealed containers to the city clerk the used and void ballots and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of each numbered list of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the municipal superintendent shall deliver copies of the voting machine and vote recorder ballot

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labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, computer programming decks for ballot tabulation programs, and similar items or an electronic record of the program by which votes are to be recorded or tabulated, which is captured prior to the election, and which is stored on some alternative medium such as a CD-ROM or floppy disk simultaneously with the programming of the PROM or other memory storage device. Such ballots and other documents shall be preserved under seal in the office of the city clerk for at least 24 months; and then they may be destroyed unless otherwise provided by order of the mayor and council if a contest has been filed or by court order, provided that the electors list, voters certificates, and duplicate oaths of assisted electors shall be immediately returned by the superintendent to the county or municipal registrar as appropriate."
SECTION 59. Said chapter is further amended by striking subsections (a) and (g) of Code Section 21-2501, relating to number of votes required for election, and inserting in lieu thereof new subsections (a) and (g) to read as follows:
"(a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or special primary or elected to public office in any special election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. In instances where no candidate receives a majority of the votes cast, a run-off primary, special primary runoff, or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary, special primary runoff, or special election runoff shall be held on the twenty-first day after the day of holding the preceding primary or special election, provided that, unless postponed by court order, a runoff in the case of a special primary or special election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or special election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary, special primary runoff, or special election runoff to fill the nomination or public office sought shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the special election run-off ballot in the independent column. The run-off primary, special primary runoff, or special election runoff shall be a continuation of the primary, special primary, or special election for the particular office concerned. Only the electors who were entitled duly registered to vote and not subsequently deemed disqualified to vote in the primary, special primary, or special election for candidates for that particular office shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such run-off primary, special primary runoff, or special election runoff

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shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary or special primary runoff in violation of Code Section 21-2-224." "(g) In the event that no candidate receives a plurality of the votes cast in a general election or more than one candidate in a general election, special election runoff, or run-off primary receives the highest number of votes cast, a runoff of the general election, special election runoff, or run-off primary between the candidates receiving the two highest numbers of votes shall be held. If more than one candidate in a general election receives a plurality of the votes cast, the candidate receiving the highest number of votes cast shall be declared the winner. Unless such date is postponed by a court order, such runoff shall be held on the twenty-first day after the day of holding the preceding general election, special election runoff, or run-off primary. If any candidate eligible to be in such runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such runoff to fill the nomination or public office such candidate seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. The runoff of a run-off primary or special election runoff shall be a continuation of the primary or special election for the particular office concerned, and the run-off election of a general election shall be a continuation of the general election for the particular office concerned. Only the electors who were entitled duly registered to vote and not subsequently deemed disqualified to vote for that particular office in such primary or special election or general election, respectively, shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-224."
SECTION 60. Said chapter is further amended by striking Code Section 21-2-528, relating to appeals from courts determination on contest petition, in its entirety and inserting in lieu thereof a new Code Section 21-2-528 to read as follows:
"21-2-528. An appeal from the final determination of the court may be taken within ten days from the rendition thereof to the Supreme Court or the Court of Appeals as in other civil cases. The filing of a notice of appeal shall not act as a stay or supersedeas. The appellant may apply to the Supreme Court or the Court of Appeals, as appropriate, for a stay or supersedeas, and such courts court shall consider applications for stays or supersedeas in such cases without regard to whether any notice of appeal has been filed or the record docketed in such cases."
SECTION 61. Said chapter is further amended by striking paragraph (8) of Code Section 21-2-566,

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relating to interference with primaries and elections generally, and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) Willfully tampers with any electors list, voters certificate, numbered list of voters, ballot box, voting machine, vote recorder direct recording electronic (DRE) equipment, or tabulating machine".
SECTION 62. Said chapter is further amended by striking paragraph (3) of Code Section 21-2-579, relating to fraudulently allowing ballot, ballot card, or voting machine to be seen, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Without having made the affirmation under oath or declaration required by Code Section 21-2-409, or when the disability which he or she declared at the time of registration no longer exists, permits another to accompany him or her into the voting compartment or voting machine booth or to mark his or her ballot or ballot card or to register his or her vote on the voting machine or vote recorder direct recording electronic (DRE) equipment; or".
SECTION 63. Said chapter is further amended by striking Code Section 21-2-582, relating to tampering with, damaging, or preventing of proper operation of vote recorders or tabulating machines, and inserting in lieu thereof the following:
"21-2-582. Any person who tampers with or damages any vote recorder direct recording electronic (DRE) equipment or tabulating machine computer or device to be used or being used at or in connection with any primary or election or who prevents or attempts to prevent the correct operation of any vote recorder direct recording electronic (DRE) equipment or tabulating machine computer or device shall be guilty of a felony."
SECTION 64. Said chapter is further amended by striking Code Section 21-2-582.1, relating to penalty for voting equipment modification, and inserting in lieu thereof a new Code Section 21-2582.1 to read as follows:
"21-2-582.1. (a) For the purposes of this Code section, the term 'voting equipment' shall mean a voting machine, vote recorder, tabulating machine, optical scanning voting system, or direct recording electronic recording voting system. (b) Any person or entity, including but not limited to a manufacturer or seller of voting equipment, who alters, modifies, or changes any aspect of such voting equipment without prior approval of the Secretary of State is guilty of a felony."
SECTION 65. Said chapter is further amended by striking paragraphs (6) and (8) of Code Section 21-2587, relating to frauds by poll officers, and inserting in lieu thereof new paragraphs (6)

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and (8) to read as follows: "(6) Tampers with any voting machine, vote recorder direct recording electronic (DRE) equipment, or tabulating machine computer or device;" "(8) Fails to return to the officials prescribed by this chapter, following any primary
or election, any keys of a voting machine, ballot box, general or duplicate return
sheet, tally paper, oaths of poll officers, affidavits of electors and others, record of
assisted voters, numbered list of voters, electors list, voters certificate, spoiled, and
canceled ballots or ballot cards, ballots or ballot cards deposited, written, or affixed in
or upon a voting machine, DRE memory cards, or any certificate, or any other paper or record required to be returned under this chapter".

SECTION 66. All laws and parts of laws in conflict with this Act are repealed.

Senator Unterman of the 45th moved that the Senate adopt the Conference Committee report on SB 258.

On the motion, 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 C Cagle Y Cheeks
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
Hudgens Y Jackson
Johnson Y Kemp,B E Kemp,R Y Lamutt
Lee Y Levetan
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 Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Williams Zamarripa

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 258.

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Senator Unterman of the 45th asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:

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.

Senate Sponsor: Senator Unterman of the 45th.

The consent was granted, and HB 318 was taken from the Table and continued upon its passage.

The Senate Health and Human Services Committee offered the following substitute to HB 318:
A BILL TO BE ENTITLED AN ACT

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 for Aging Adults Licensure Act"; to provide a short title; to define terms; to provide for licensure of adult day centers; to authorize the Department of Human Resources to promulgate regulations for the operation of adult day centers; to authorize the Department of Human Resources to issue and revoke licenses of adult day centers; to provide access to adult day centers for the Department of Human Resources for the purpose of inspection and investigation; to provide for exemptions from inspections; 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.

Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for

the aging, is amended by adding after Code Section 49-6-77, relating to rules and

regulations to implement Georgia Family Caregiver Support, a new article to read as

follows:

"ARTICLE 7

49-6-80.

This article shall be known and may be cited as the 'Adult Day Center for Aging Adults

Licensure Act.'

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49-6-81. The intent of the General Assembly is to promote, safeguard, and protect the well-being of adults participating in adult day care or adult day health services by authorizing, promoting, and supporting licensure regulations for adult day care and adult day health services providers. It is further the intent of the General Assembly that the Department of Human Resources shall serve as the agency responsible for promulgating, implementing, and enforcing the licensure regulations.
49-6-82. As used in this article, the term:
(1) 'Adult day care' means the provision of a comprehensive plan of services that meets the needs of aging adults, as defined in paragraph (4) of this Code section, under a social model, as defined in paragraph (7) of this Code section. (2) 'Adult day center' means a facility serving aging adults that provides adult day care or adult day health services, as defined in paragraphs (1) and (3) of this Code section, for compensation, to three or more persons; provided, however, such facility shall not mean an institution or medical facility otherwise licensed under Title 31 that also provides adult day care services. (3) 'Adult day health services' means the provision of a comprehensive plan of services that meets the needs of aging adults under a medical model, as defined in paragraph (6) of this Code section. (4) 'Aging adults' means persons 60 years of age or older or mature adults below the age of 60 whose needs and interests are substantially similar to persons 60 years of age or older who have physical or mental limitations that restrict their abilities to perform the normal activities of daily living and impede independent living. (5) 'Department' means the Department of Human Resources. (6) 'Medical model' means a comprehensive program that provides aging adults with the basic social, rehabilitative, health, and personal care services needed to sustain essential activities of daily living and to restore or maintain optimal capacity for selfcare. Such program of care shall be based on individual plans of care and shall be provided for less than 24 hours per day. (7) 'Social model' means a program that addresses primarily the basic social and recreational activities needed to be provided to aging adults, but also provides, as required, limited personal care assistance, supervision, or assistance essential for sustaining the activities of daily living. Such programs of care shall be based on individual plans of care and shall be provided for less than 24 hours per day.
49-6-83. No person, business entity, corporation, or association, whether operated for profit or not for profit, shall operate an adult day center without first obtaining a license or a provisional license from the department. A license issued under this article shall not be assignable or transferable.

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49-6-84. The department is authorized to promulgate rules and regulations to implement this article utilizing the public rule-making process to elicit input from consumers, providers, and advocates. The department is further authorized to issue, deny, suspend, or revoke licenses or take other enforcement actions against licensees or applicants as provided in Code Section 31-2-6. All rules and regulations and any enforcement actions initiated by the department shall comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
49-6-85. An adult day center for which an application for a license has been submitted or to which a license has been issued shall be inspected by the department periodically and as determined necessary to monitor such centers compliance with applicable laws and regulations; provided, however, the department may exempt a center from inspection if such center has been certified or accredited by a certification or accreditation entity recognized and approved by the department if such entity uses standards that are substantially similar to those established by the department. A center seeking exemption from inspection shall be required to submit to the department documentation of certification or accreditation, including a copy of its most recent certificaiton or accreditation inspection report, which shall be maintained by the department as a public record."
SECTION 2. Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by striking subsection (a) of Code Section 31-2-6, relating to actions against applicants or licensees regulated under Chapters 7, 13, 22, and 23 of this title and Chapter 5 of Title 49, and inserting in its place the following:
"(a) This Code section shall be applicable to any agency, center, facility, institution, or entity subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title and Chapter 5 and Article 7 of Chapter 6 of Title 49. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection."
SECTION 3. (a) For purposes of promulgating rules and regulations only, the Sections 1 and 2 of this Act shall become effective only if funds are specifically appropriated for the purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure. (b) For all other purposes, Sections 1 and 2 of this Act shall become effective July 1 of the fiscal year following the year in which funds are specifically appropriated for the purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure. (c) This section and Section 4 of this Act shall become effective July 1, 2003.

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senators Unterman of the 45th, Johnson of the 1st, Price of the 56th, Thomas of the 54th and Smith of the 52nd offered the following amendment #1:
Amend the Senate committee substitute to HB 318 by inserting on line 8 of page 1 after the word and symbol "inspections;" the following:
"to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection 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 amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to authorize actions against applicants and licensees of certain centers;".
By inserting between lines 20 and 21 of page 3 the following:
"SECTION 1A. Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, is amended by striking Code Section 30-5-8, relating to criminal offenses and penalties for abuse, neglect, and exploitation of disabled adults and elder persons, and inserting in lieu thereof the following:
'30-5-8. (a)(1) In addition to any other provision of law, it shall be unlawful for any person to abuse, neglect, or exploit any disabled adult or elder person. (2) Except as otherwise provided in Title 16, any person violating the provisions of this subsection shall be guilty of a misdemeanor of a high and aggravated nature felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years. (b)(1) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report. (2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor.
(c) Any violation of this Code section shall constitute a separate offense.'"
By striking line 7 of page 4 and inserting in lieu thereof the following: "(c) This section and Sections 1A and 4 of this Act shall become effective July 1, 2003."
On the adoption of the amendment, the yeas were 34, nays 1, and the Unterman, et al. amendment #1 to the committee substitute, was adopted.

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3075

Senator Unterman of the 45th offered the following amendment #2:

Amend the Senate committee substitute to HB 318 by striking lines 10 through 12 of
page 2 and inserting in its place the following: "compensation, to three or more persons."

On the adoption of the amendment, the yeas were 32, nays 0, and the Unterman amendment #2 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 Balfour Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler C Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Gillis Y Golden Y Hall Hamrick

Y Harbison Y Harp Y Henson Y Hill
Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B E Kemp,R Y Lamutt
Lee Y Levetan
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
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 43, nays 0.

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

The following bill was taken up to consider the Conference Committee report thereto:

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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 Conference Committee report was as follows:

The Committee of Conference on HB 598 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 598 be adopted.

Respectfully submitted, FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Lamutt of the 21st /s/ Senator Golden of the 8th /s/ Senator Shafer of the 48th

/s/ Representative Harbin of the 80th /s/ Representative Parrish of the 102nd /s/ Representative Dodson of the 84th Post 1

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 598

A BILL TO BE ENTITLED AN ACT

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; to provide that any person who with intent to defraud subscribes, makes, or concurs in making an annual or other statement required by law to be filed with the commissioner containing a false material statement commits insurance fraud; to provide for applicability; 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 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, is amended by striking the Code section and inserting in lieu thereof a new Code

FRIDAY, APRIL 25, 2003

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Section 33-1-9 to read as follows: "33-1-9. (a) Any natural person who knowingly or willfully: (1) Makes or aids in the making of any false or fraudulent statement or representation of any material fact or thing: (A) In any written statement or certificate; (B) In the filing of a claim; (C) In the making of an application for a policy of insurance; (D) In the receiving of such an application for a policy of insurance; or (E) In the receiving of money for such application for a policy of insurance for the purpose of procuring or attempting to procure the payment of any false or fraudulent claim or other benefit by an insurer; (2) Receives money for the purpose of purchasing insurance and converts such money to such persons own benefit; (3) Issues fake or counterfeit insurance policies, certificates of insurance, insurance identification cards, or insurance binders; or (4) Makes any false or fraudulent representation as to the death or disability of a policy or certificate holder in any written statement or certificate for the purpose of fraudulently obtaining money or benefit from an insurer commits the crime of insurance fraud. (b) Any natural person who knowingly and willfully or with reckless disregard engages in the following activities, either directly or indirectly, as an agent for, as a representative of, or on behalf of an insurer not authorized to transact insurance in this state commits the crime of insurance fraud: (1) Soliciting, negotiating, procuring, or effectuating insurance or annuity contracts or renewals thereof; (2) Soliciting, negotiating, procuring, or effectuating any contract relating to benefits or services; (3) Disseminating information as to coverage or rates; (4) Forwarding applications; (5) Delivering policies or contracts; (6) Inspecting or assessing risk; (7) Fixing of rates; (8) Investigating or adjusting claims or losses; (9) Collecting or forwarding of premiums; or (10) In any other manner representing or assisting such an insurer in the transaction of insurance with respect to subjects of insurance resident, located, or to be performed in this state. (c) Any natural person who knowingly and willfully with intent to defraud subscribes, makes, or concurs in making any annual or other statement required by law to be filed with the commissioner containing any material statement which is false commits the crime of insurance fraud.

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(b)(d) In any prosecution under this Code section, the crime shall be considered as having been committed in the county of the purported loss, in the county in which the insurer or the insurers agent received the fraudulent or false claim or application, in the county in which money was received for the fraudulent application, or in any county where any act in furtherance of the criminal scheme was committed. (c)(e) A person convicted of a violation of subsection (a) of this Code section 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. (f) Subsection (b) of this Code section shall not apply to a contract of insurance entered into in accordance with Article 2 of Chapter 5 of this title."

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 Lamutt of the 21st moved that the Senate adopt the Conference Committee report on HB 598.

On the motion, a roll call was taken, and the vote was as follows:

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

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

Y Seay Y Shafer
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
Unterman Y Williams Y Zamarripa

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3079

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 598.
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 Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:
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.
Senate Sponsor: Senator Williams of the 19th.
The consent was granted, and HB 719 was taken from the Table and continued upon its passage.
The Senate Transportation Committee offered the following substitute to HB 719:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads generally, so as to provide for the administrative determination of overweight assessments; to provide for penalties for violations; to provide for the perfection of liens upon vehicles subject to unpaid overweight assessments; to provide for the suspension of the registration of vehicles subject to unpaid overweight assessments; to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to provide for the authorization of hybrid vehicles to use designated travel lanes; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to add hybrid vehicles to the definition of alternative fueled vehicles; so as to provide for circumstances under which a person may be cited for exceeding the speed limit in a highway work zone; to change the requirements for the size of required warning signs; to provide that the 30 day limitation regarding notice of reduction of the speed limit shall

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not apply to work zone speeding violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 32-6-27 of the Official Code of Georgia Annotated, relating to enforcement of load limitations, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"32-6-27. (a) Any person who violates the load limitation provisions of Code Section 32-6-26 shall be conclusively presumed to have damaged the public roads, including bridges, of this state by reason of such overloading and shall recompense the state for such damage in accordance with the following schedule:
(1) For the first 1,000 pounds of excess weight, 0.8 per pound; plus 1.5 per pound for the next 2,000 pounds of excess weight; plus 3 per pound for the next 2,000 pounds of excess weight; plus 4 per pound for the next 3,000 pounds of excess weight; plus 5 per pound for all excess weight over 8,000 pounds; (2) Where a vehicle is authorized to exceed the weight limitations of Code Section 32-6-26 by a permit issued pursuant to Code Section 32-6-28, the term 'excess weight' means that weight which exceeds the weight allowed by such permit. For such vehicles, damages for excess weight shall be assessed according to the following schedule: 125 percent times, in each category of excess weights, the rate imposed on offending vehicles operating without a permit.
(a.1)(1)(A) The Department of Motor Vehicle Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 and for which signs have been placed and maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50. (B) The Department of Motor Vehicle Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 but for which signs have not been placed or maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation. (2)(A) The Department of Motor Vehicle Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge for which signs have been placed and maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91. (B) The Department of Motor Vehicle Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge but for which signs have not been placed or maintained as required under paragraph

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(3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation. (b) The schedules listed in paragraphs (1) and (2) of subsection (a) of this Code section shall apply separately to (1) the excess weight of the gross load and (2) the sum of the excess weight or weights of any axle or axles, provided that where both gross load and axle weight limits are exceeded, the owner or operator shall be required to recompense the state only for the largest of the money damages imposed under items (1) and (2) of this subsection. (c)(1) Within 15 30 days after the issuance of the citation, the owner or operator of any offending vehicle shall pay the amount of the assessment to the Department of Motor Vehicle Safety or request an administrative determination of the amount and validity of the assessment. (2) The right to an administrative determination of the amount and validity of the assessment shall be granted only to the owner or operator of an offending vehicle. (3) The party requesting an administrative determination of the amount and validity of the assessment shall deposit the amount of the assessment with the Department of Motor Vehicle Safety, within the time permitted to request such determination, before the determination will be granted. In the event the assessment is determined to be erroneous, the Department of Motor Vehicle Safety shall make prompt refund of any overpayment after receipt of a final decision making such determination. (4) If an administrative hearing is requested, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations of the Department of Motor Vehicle Safety. The scope of any such hearing shall be limited to a determination of: (A) The weight of the offending vehicle; (B) The maximum weight allowed by law on the roadway upon which the offending vehicle was operated; and (C) Whether the operator had in his or her actual possession a valid oversize or overweight permit issued by the Department of Transportation allowing the vehicle to operate in excess of the maximum weight otherwise allowed by law on the roadway upon which the offending vehicle was operated. (5) Any person who has exhausted all administrative remedies available within the Department of Motor Vehicle Safety and who is aggrieved by a final order of the Department of Motor Vehicle Safety is entitled to judicial review in accordance with Chapter 13 of Title 50. (6) If a party requests an administrative determination of the amount and validity of the assessment and fails to appear without first obtaining permission from the administrative law judge or does not withdraw the request in writing no less than five days in advance of a scheduled hearing, the party shall be deemed in default and the citation shall be affirmed by operation of law. The party shall be deemed to owe the sum of $75.00 in addition to the amount due on the citation, which sum shall represent hearing costs.

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(d) All moneys collected in accordance with this Code section shall be transmitted to the Department of Motor Vehicle Safety, thereafter to be disposed of as follows:
(1) All moneys collected for violations of the weight limitations imposed by this article shall be remitted to the general fund of the state treasury; and (2) All moneys collected for violations of the height, width, or length limitations imposed by this article, after the appropriate statutory deductions, shall be retained by the governing authority of the county wherein the violation occurred for deposit in the general treasury of said county; (3) Hearing costs imposed pursuant to paragraph (6) of subsection (c) of this Code section shall be retained by the Department of Motor Vehicle Safety; (4) Reissuance fees imposed pursuant to paragraph (4) of subsection (g) of this Code section shall be retained by the Department of Motor Vehicle Safety; and (5) Restoration fees imposed pursuant to paragraph (1) of subsection (i) of this Code section shall be retained by the Department of Motor Vehicle Safety. (e) Any owner or operator of a vehicle which is operated on the public roads of this state in violation of the weight limitations provided in this article shall be required, in addition to paying the moneys provided in subsection (a) of this Code section, to unload all gross weight in excess of 6,000 pounds over the legal weight limit before being allowed to move the vehicle. (f) Any person authorized by law to enforce this article may seize the offending vehicle of an owner who fails or whose operator has failed fails to pay the moneys prescribed in subsection (a) of this Code section and hold such vehicle until the prescribed moneys are paid. If the offending vehicle is not registered in this state, any person authorized by law to enforce this article may seize any vehicle owned or operated by an owner who fails or whose operator fails to pay the moneys prescribed in subsection (a) of this Code section and hold such vehicle until the prescribed moneys are paid. Any person seizing such a vehicle under this subsection or subsection (e) of this Code section may, when necessary, store the vehicle; and the owner thereof shall be responsible for all reasonable storage charges thereon. When any vehicle is seized, held, unloaded, or partially unloaded under these subsections, the load or any part thereof shall be removed or cared for by the owner or operator of the vehicle without any liability on the part of the authorized person or of the state or any political subdivision because of damage to or loss of such load or any part thereof. (g)(1) Whenever any person, firm, or corporation violates this article and becomes indebted to the Department of Motor Vehicle Safety because of such violations and fails within 15 30 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the Department of Motor Vehicle Safety for administrative review, as provided for in subsection (c) of this Code section, such assessment shall become a lien upon the overweight motor vehicle so found to be in violation, which lien shall be superior to all liens except liens for taxes or perfected security interests established before the debt to the Department of Motor Vehicle Safety was created.

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(2) Whenever any person, firm, or corporation requests an administrative review, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In the event that the administrative law judge finds in favor of the Department of Motor Vehicle Safety, the person, firm, or corporation shall pay the assessment within 30 days after the issuance of a final decision by the administrative law judge that decision becomes final or, if judicial review is had in accordance with Chapter 13 of Title 50, then within 30 days after final judicial review is terminated. If the person, firm, or corporation fails to pay the assessment within 30 days, such assessment shall become a lien as provided for under paragraph (1) of this subsection. (3) The Department of Motor Vehicle Safety shall perfect the lien created under this subsection in the same manner as is provided for in subsection (b) of Code Section 40-3-50 and Code Section 40-3-53 by sending notice thereof on a notice designated by the commissioner of motor vehicle safety, by first-class mail or by statutory overnight delivery, to the owner and all holders of liens and security interests shown on the records of the Department of Motor Vehicle Safety maintained pursuant to Chapter 3 of Title 40. Upon receipt of notice from the Department of Motor Vehicle Safety, the holder of the certificate of title shall surrender same to the commissioner of motor vehicle safety for issuance of a replacement certificate of title bearing the lien of the department unless the assessment is paid within 30 days of the receipt of notice. The Department of Motor Vehicle Safety may append its lien to its records, notwithstanding the failure of the holder of the certificate of title to surrender said certificate as required by this paragraph. (4) Upon issuance of a title bearing the lien of the Department of Motor Vehicle Safety, or the appending of the lien to the records of the Department of Motor Vehicle Safety, the owner of the vehicle or the holder of any security interest or lien shown in the records of the department may satisfy such lien by payment of the amount of the assessment, including hearing costs, if any, and payment of a reissuance fee of $100.00. Upon receipt of such amount, the Department of Motor Vehicle Safety shall release its lien. (h)(1) The Department of Motor Vehicle Safety, in seeking to foreclose its lien on the motor vehicle arising out of an overweight motor vehicle citation assessed under this article, may seek an immediate writ of possession from the court before whom the petition is filed, if the petition contains a statement of facts, under oath, by the Department of Motor Vehicle Safety, its agents, its officers, or attorney setting forth the basis of the petitioners claim and sufficient grounds for issuance of an immediate writ of possession. (2) The Department of Motor Vehicle Safety shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, encumber, convert, convey, or remove from the jurisdiction of the court the property which is the subject matter of the petition. (3) The court before whom the petition is pending shall issue a writ for immediate possession, upon finding that the petitioner has complied with paragraphs (1) and (2) of this subsection. If the petitioner is found not to have made sufficient showing to

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obtain an immediate writ of possession, the court may, nevertheless, treat the petition as one being filed under Code Section 44-14-231 and proceed accordingly. (4) When an immediate writ of possession has been granted, the Department of Motor Vehicle Safety shall proceed against the defendant in the same manner as provided for in Code Sections 44-14-265 through 44-14-269. (i)(1) Whenever any person, firm, or corporation violates this article and fails within 15 30 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the Department of Motor Vehicle Safety for an administrative review as provided for under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the Department of Motor Vehicle Safety may act to suspend the motor vehicle license plate registration of the vehicle involved. However, if the person, firm, or corporation requests an administrative review, the Department of Motor Vehicle Safety shall act to suspend the license plate registration only after the issuance of a final decision favorable to the Department of Motor Vehicle Safety and the requisite failure of the person, firm, or corporation to pay the assessment. Upon such failure to pay the assessment, the Department of Motor Vehicle Safety shall send a letter to the owner of such motor vehicle stating the fact of such overdue assessment. Upon receipt of such letter from the Department of Motor Vehicle Safety, it shall be the duty of the owner of such vehicle to notify the Department of Motor Vehicle Safety, within 15 days of the date on which notification was mailed by the Department of Motor Vehicle Safety, as to whether the assessment has been paid. If such information is not received by the Department of Motor Vehicle Safety within the specified time period or if the assessment has not in fact been paid, the Department of Motor Vehicle Safety shall suspend the motor vehicle license plate issued to the motor vehicle involved in the overweight assessment citation and shall notify the owner of the motor vehicle that he or she must forward the motor vehicle license plate issued to such motor vehicle to the Department of Motor Vehicle Safety notifying the owner of the suspension of the motor vehicle registration issued to the motor vehicle involved in the overweight assessment citation. Upon complying with this subsection by paying the overdue assessment and upon submitting proof of compliance and paying a $10.00 restoration fee to the Department of Motor Vehicle Safety, the commissioner of motor vehicle safety shall return reinstate any motor vehicle license plate registration suspended under this subsection to the owner of such motor vehicle. In cases where the motor vehicle license plate registration has been suspended under this subsection for a second or subsequent time during any two-year period, the Department of Motor Vehicle Safety shall suspend the motor vehicle license plate registration for a period of 60 days and thereafter until the owner submits proof of compliance with this subsection and pays the $25.00 $150.00 restoration fee to the Department of Motor Vehicle Safety. (2) The Department of Motor Vehicle Safety, upon suspending the motor vehicle license plate, as provided for in this subsection, shall require that such plate be surrendered to the Department of Motor Vehicle Safety immediately following the effective date of suspension; and it is the duty of the owner, immediately upon receipt

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of notice from the Department of Motor Vehicle Safety, to forward the license plate to the Department of Motor Vehicle Safety. Unless otherwise provided for in this Code section, notice of the effective date of the suspension of a motor vehicle registration occurs when the owner has actual knowledge or legal notice thereof, whichever first occurs. For the purposes of making any determination relating to the restoration of a suspended motor vehicle registration, no period of suspension shall be deemed to have begun until ten days after the mailing of the notice required in paragraph (1) of this subsection. (3) If such motor vehicle license plate is not received by the Department of Motor Vehicle Safety within ten days following the effective date of suspension, the commissioner of motor vehicle safety shall forthwith direct any peace officer to secure possession of such plate and return the same to the commissioner of motor vehicle safety. For the purposes of this subsection, except where otherwise provided, the mailing of a notice to a person at the name and address shown in records of the Department of Motor Vehicle Safety maintained under Chapter 3 of Title 40 shall, with respect to the holders of liens and security interests, be presumptive evidence that such person received the required notice. (4) Unless otherwise provided for in this subsection, notice of the effective date of suspension shall occur when the driver receives actual knowledge or legal notice thereof, whichever occurs first. For the purposes of making any determination under this article relating to the return of a suspended motor vehicle license plate, no period of suspension under this subsection shall begin until the plate is surrendered to the Department of Motor Vehicle Safety or to a court of competent jurisdiction under this subsection, whichever shall occur first. If the motor vehicle license plate is lost or for any other reason surrender to the Department of Motor Vehicle Safety is impossible, the period of suspension shall begin on the date an affidavit setting forth the reasons for such impossibility is received by the department. For the purposes of this subsection, except where otherwise provided, the mailing of a notice to a person or firm at the name and address shown on the overweight assessment citation shall, with respect to owners and operators of vehicles involved in an overweight assessment, be presumptive evidence that such person received the required notice. (5) It shall be unlawful to refuse to deliver upon a legal demand any motor vehicle license plate. The commissioner of motor vehicle safety may suspend the motor vehicle registration of any offending vehicle for which payment of an overweight assessment is made by a check that is returned for any reason. (6) Any person violating the provisions of paragraph (2) of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment for not more than 90 days. (7) For the purposes of this subsection, where any provisions require the Department of Motor Vehicle Safety to give notice to a person, which notice affects such persons motor vehicle license plate, the mailing of such notice and the name and address shown on the notice of overdue assessment citation supplied by the Department of

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Motor Vehicle Safety, as required by this subsection, shall be presumptive evidence that such person received the required notice."
SECTION 2. Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended in Code Section 32-9-4, relating to designation of travel lanes and use of such lanes, by adding a new subsection (a.1) to read as follows:
"(a.1) Upon approval through either legislative action in the United States Congress or regulatory action by the United States Department of Transportation to permit hybrid vehicles with fewer than two occupants to operate in a high occupancy vehicle lane, the department shall authorize hybrid vehicles, as defined in Code Section 40-2-76, to use the travel lanes designated for such vehicles as provided in paragraph (4) of subsection (a) of this Code section."
SECTION 3. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-2-76, relating to alternative fueled vehicle license plates, by striking subsection (a) and inserting in its place the following:
"(a) As used in this Code section, the term: (1) 'Alternative fuel' means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more or such other percentage, but not less than 70 percent, as determined by the United States secretary of energy, by rule as it existed on January 1, 1997, to provide for requirements relating to cold start, safety, or vehicle functions, by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels other than alcohol derived from biological materials; electricity including electricity from solar energy; and any other fuel the United States secretary of energy determined by rule as it existed on January 1, 1997, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits. (2) 'Alternative fueled vehicle' means: (A) Any any vehicle fueled by alternative fuel as defined in paragraph (1) of this subsection; or (B) A hybrid vehicle, which means a motor vehicle which draws propulsion energy from onboard sources of stored energy which include an internal combustion or heat engine using combustible fuel and a rechargeable energy storage system; and, in the case of a passenger automobile or light truck, means for any 2000 and later model, a vehicle which has received a certificate of conformity under the Clean Air Act, 42 U.S.C. Section 7401, et seq., and meets or exceeds the equivalent qualifying California low-emission vehicle standard under Section 243(e)(2) of the Clean Air Act, 42 U.S.C. Section 7583(c)(2), for that make and model year or, for any 2004 and later model, a vehicle which has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the

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administrator of the Environmental Protection Agency under Section 202(i) of the Clean Air Act, 42 U.S.C. Section 7521(i), for that make and model year vehicle and which achieves a composite label fuel economy greater than or equal to 1.5 times the Model Year 2002 EPA composite class average for the same vehicle class and which is made by a manufacturer."
SECTION 4. Said title is further amended in Code Section 40-6-188, relating to highway work zones, by striking subsection (e) and inserting in its place the following:
"(e)(1) In order for a person to be cited or convicted for exceeding a speed limit, reduced or otherwise, in any highway work zone as provided in paragraph (2) of this subsection, there must be present in the highway work zone at the time of the offense the signage required by this Code section and either:
(A) Work zone personnel; or (B) Barriers, on-site work vehicles, or shoulder or pavement drop offs that constitute a hazard to the traveling public. (2) A person convicted of exceeding the speed limit, reduced or otherwise, in any highway work zone designated pursuant to this Code section and identified at the time of the violation by such signage at the beginning of the highway work zone as required herein and, if such speed limit was reduced as provided by this Code section, by such signage at the beginning and in advance of such reduced speed zone to the extent required herein shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $100.00 nor more than $2,000.00 or by imprisonment for a term not to exceed 12 months, or both. The provisions of this subsection shall apply without regard to whether work zone personnel were present in the highway work zone when the violation occurred."
SECTION 5. Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, is amended by striking Code Section 40-14-6, relating to required warning signs, and inserting in its place the following:
"40-14-6. (a) Each county, municipality, college, and university using speed detection devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 30 24 by 30 inches in area and shall warn approaching motorists that speed detection devices are being employed. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this subsection. (b) In addition to the signs required under subsection (a) of this Code section, each county, municipality, college, and university using speed detection devices shall erect speed limit warning signs on every highway which comprises a part of the state

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highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 30 24 by 30 inches in area, shall warn approaching motorists of changes in the speed limit, shall be visible plainly from every lane of traffic, shall be viewable in any traffic conditions, and shall not be placed in such a manner that the view of such sign is subject to being obstructed by any other vehicle on such highway. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this subsection."
SECTION 6. Said article is further amended in Code Section 40-14-9, relating to when evidence obtained in certain areas is inadmissible and use of a speed detection device on a hill, by striking said Code section in its entirety and inserting in its place the following:
"40-14-9. Evidence obtained by county or municipal law enforcement officers in using speed detection devices within 300 feet of a reduction of a speed limit inside an incorporated municipality or within 600 feet of a reduction of a speed limit outside an incorporated municipality or consolidated city-county government shall be inadmissible in the prosecution of a violation of any municipal ordinance, county ordinance, or state law regulating speed; nor shall such evidence be admissible in the prosecution of a violation as aforesaid when such violation has occurred within 30 days following a reduction of the speed limit in the area where the violation took place, except that this 30 day limitation shall not apply to a speeding violation within a highway work zone, as defined in Code Section 40-6-188. No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any portion of any highway which has a grade in excess of 7 percent."

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
E Blitch Y Bowen
Brown Y Brush

Y Harbison Y Harp Y Henson Y Hill
Hooks Y Hudgens

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

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

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

Y Stephens Y Stokes Y Tanksley
Tate Thomas,D Y Thomas,N Y Thomas,R Y Thompson Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 39, nays 0.

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

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 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.

The Speaker has appointed on the part of the House, Representatives Dodson of the 84th, Post 1, Stephenson of the 60th, Post 1, and Stephens of the 123rd.

The House insists on its position in disagreeing to the Senate amendments, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bills of the House:

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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.

The Speaker has appointed on the part of the House, Representatives Powell of the 23rd, Parham of the 94th, and Rogers of the 20th.

The House insists on its position in amending the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the House:

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.

The Speaker has appointed on the part of the House, Representatives Powell of the 23rd, Parham of the 94th, and Roberts of the 131st.

The House has passed, as amended, by the requisite constitutional majority the following Bills of the Senate:

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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.

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.

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.

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

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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 House insists on its position in disagreeing to the Senate amendments, 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 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.

The Speaker has appointed on the part of the House, Representatives Jackson of the 124th, Post 1, Childers of the 13th, Post 1, and Mosby of the 59th, Post 3.

The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the Senate:

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

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Georgia Firefighter Standards and Training Council; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Speaker has appointed on the part of the House, Representatives Day of the 126th, Snow of the 1st, and Jenkins of the 93rd.

The following bill was taken up to consider the Conference Committee report thereto:

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 that a student has received and reviewed information about meningococcal meningitis and has chosen not to be vaccinated; and for other purposes.

The Conference Committee report was as follows:

The Committee of Conference on HB 521 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 521 be adopted.

Respectfully submitted, FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/Senator Price of the 56th

/s/ Representative McBee of the 74th

/s/Senator Meyer von Bremen of the 12th /s/ Representative Mobley of the 58th

/s/Senator Thomas of the 54th

/s/ Representative Gardner of the 42nd, Post 3

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 521

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, preventable diseases, and metabolic disorders, so as to require postsecondary educational institutions to provide information about meningococcal disease to certain enrolled students; to require documentation that a student has received a vaccination against meningococcal disease or has reviewed information about such disease; to provide that postsecondary educational institutions

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shall not be required to pay for such vaccinations; to provide postsecondary educational institutions that make a reasonable effort to comply with this Act with immunity from liability for students who contract such disease; 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 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, is amended by adding following Code Section 31-12-3.1, relating to childhood vaccination registry and reporting requirements, maintenance, and use, a new Code Section 31-12-3.2 to read as follows:
"31-12-3.2. (a) Every public and nonpublic postsecondary educational institution shall provide to each newly admitted freshman or matriculated student residing in campus housing as defined by the postsecondary educational instutition or to the students parent or guardian if the student is a minor, the following information:
(1) Meningococcal disease is a serious disease that can lead to death within only a few hours of onset; one in ten cases is fatal; and one in seven survivors of the disease is left with a severe disability, such as the loss of a limb, mental retardation, paralysis, deafness, or seizures; (2) Meningococcal disease is contagious but a largely preventable infection of the spinal cord fluid and the fluid that surrounds the brain; (3) Scientific evidence suggests that college students living in dormitory facilities are at a moderately increased risk of contracting meningococcal disease; and (4) Immunization against meningococcal disease will decrease the risk of the disease. (b) Students who are 18 years of age or older shall be required to sign a document provided by the postsecondary educational institution stating that he or she has received a vaccination against meningococcal disease or reviewed the information provided as required by subsection (a) of this Code section. If a student is a minor, only a parent or guardian may sign such document. (c) Nothing in this Code section shall be construed to require any postsecondary educational institution to provide or pay for vaccinations of students against meningococcal disease. (d) Any postsecondary educational institution that has made a reasonable effort to comply with this Code section shall not be liable for damages or injuries sustained by a student by reason of such students contracting meningococcal disease. "
SECTION 2. This Act shall become effective on January 1, 2004.

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3095

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

Senator Meyer von Bremen of the 12th moved that the Senate adopt the Conference Committee report on HB 521.

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

Y Harbison Y Harp Y Henson Y Hill
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
Stephens Stokes Y Tanksley Tate Y Thomas,D Y Thomas,N Y Thomas,R Thompson Y Tolleson Y Unterman Williams Zamarripa

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 521.

The following bill was taken up to consider House action thereto:

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.

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JOURNAL OF THE SENATE

Senator Thomas of the 54th asked unanimous consent that the Senate adhere to its substitute and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Thomas of the 54th, Clay of the 37th and Golden of the 8th.
The following bill was taken up to consider House action thereto:
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.
Senator Harp of the 16th asked unanimous consent that the Senate adhere to its amendments and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Lee of the 29th, Harp of the 16th and Mullis of the 53rd.
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 Senate:
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 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

SB 223. SB 353.
SB 363. SB 364.

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3097

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.
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.
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.
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.
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.

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JOURNAL OF THE SENATE

The House has adopted the report of the Committee of Conference on the following Bills of the House and Senate:

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 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.

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.

The following resolution was read and adopted:

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3099

SR 553. By Senators Kemp of the 3rd, Hooks of the 14th, Henson of the 41st, Brown of the 26th and Blitch of the 7th:

A RESOLUTION commending Barbara Culpepper Norman; and for other purposes.

Senators Kemp of the 3rd and Blitch of the 7th spoke to the resolution. Ms. Norman addressed the Senate briefly.

Senator Mullis of the 53rd asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:

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.

Senate Sponsor: Senator Mullis of the 53rd.

The consent was granted, and HB 189 was taken from the Table and continued upon its passage.

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
Butler C Cagle Y Cheeks Y Clay Y Collins

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

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

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

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

Y Thomas,R Y Thompson Y Tolleson
Unterman C Williams Y Zamarripa

On the passage of the bill, the yeas were 39, nays 0.

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

The following bill was taken up to consider House action thereto:

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.

Senator Bulloch of the 11th moved that the Senate recede from its disagreement to the House amendment to the Senate amendment to HB 447.

On the motion, 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 C Cagle Y Cheeks

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

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

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3101

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

Y Lamutt Lee
Y Levetan Y Me V Bremen Y Moody
Mullis Y Price
Reed Y Seabaugh

Y Thomas,D Thomas,N
Y Thomas,R Y Thompson Y Tolleson
Unterman Y Williams Y Zamarripa

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate receded from its disagreement to the House amendment to the Senate amendment to HB 447.

Senator Thompson of the 33rd asked unanimous consent that Senator Squires of the 5th be excused. The consent was granted, and Senator Squires was excused.

Senator Jackson of the 50th asked unanimous consent that Senator Blitch of the 7th be excused. The consent was granted, and Senator Blitch was excused.

Senator Bulloch of the 11th asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:

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.

Senate Sponsor: Senator Bulloch of the 11th.

The consent was granted, and HB 148 was taken from the Table and continued upon its passage.

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 26, 2003

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JOURNAL OF THE SENATE

The Honorable A. Richard Royal, Chairman House Ways and Means Committee State Representative State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 148 (LC 25 2848)
Dear Chairman Royal:

This Bill would exempt from the sales and use tax the sales of liquefied petroleum gas or other fuel used in structures for raising seedlings, nursery stock, or floral products for subsequent sale. The exemption would become effective upon the Bill's passage into law.

Information is not available to identify the current number and sizes of structures in which nursery products are being raised, the type of energy used, the sensitivities of energy used to weather conditions, the prices which have been paid for this energy, and the local sales and use taxes to which energy purchases are subject. Such information is also not available for a period long enough to identify new locations, energy conversions induced by changes in prices or technology, or to indicate activity growth in this branch of the nursery industry. Although a survey could be designed to provide current data relevant to the proposed exemption, analysis would be required in order to develop historical data which would allow projections of the impact on sales taxes (State and local) of the exemption of the retail sales of the named fuels.

Information presently available does not allow the impact of the proposed exemption on sales tax collections to be estimated for Fiscal Year 2003 or later years.

Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Bill Tomlinson, Director Office of Planning and Budget
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 Harbison Y Harp Y Henson

Y Seay Y Shafer Y Smith,F

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3103

Bowen Brown Y Brush Y Bulloch Butler C Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean 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
Lee Y Levetan Y Me V Bremen Y Moody Y Mullis
Price Reed Y Seabaugh

Y Smith,P E Squires
Starr Y Stephens Y Stokes
Tanksley Y Tate Y Thomas,D
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 1.

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

Senator Thompson of the 33rd asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:

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.

Senate Sponsor: Senator Cagle of the 49th.

The consent was granted, and HB 290 was taken from the Table and continued upon its passage.

Senators Thompson of the 33rd and Price of the 56th offered the following amendment:

Amend HB 290 by redesignating Sections 2 and 3 as Sections 3 and 4 respectively and by deleting lines 4-5 in their entirety and replacing them with: "or local ordinance as eligible for such assessment; to add a new paragraph relating to taxes not included in the 2

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percent tax ceiling on various taxes; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes."

By inserting between lines 18 and 19 the following: To amend Code Section 48-8-6(b) of the Official Code of Georgia Annotated by adding a new paragraph (3) to read as follows:
"SECTION 2

(3) any specific excise tax on prepared foods and beverages, not to exceed 2%."

On the adoption of the amendment, the yeas were 35, nays 1, and the Thompson, 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 E Blitch Y Bowen
Brown Brush Y Bulloch Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Gillis Y Golden Y Hall Hamrick

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

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

On the passage of the bill, the yeas were 39, nays 1.

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

FRIDAY, APRIL 25, 2003

3105

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

Mr. President:

The House insists on its position in substituting the following Bill of the Senate:

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 House has disagreed to the Senate amendment to the House amendment to the following Resolution of the Senate:

SR 23.

By Senator Jackson of the 50th:

A RESOLUTION designating the Dean Bryant Intersection; and for other purposes.

Senator Harp of the 16th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson 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.

The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:

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JOURNAL OF THE SENATE

The Committee of Conference on HB 352 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 352 be adopted.

Respectfully submitted, FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Shafer of the 48th /s/ Senator Seabaugh of the 28th /s/ Senator Hamrick of the 30th

/s/ Representative Harbin of the 80th /s/ Representative Powell of the 23rd /s/ Representative Dean of the 49th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 352

A BILL TO BE ENTITLED AN ACT

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; to amend Code Section 43-5-14 of the Official Code of Georgia Annotated, relating to penalties for violations related to athletic trainers, so as to provide penalties for licensing violations; 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 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking licenses, is amended by adding a new paragraph (5) to subsection (h) to read as follows:
"(5) When a member of the public files a complaint with a professional licensing board or the division director against a licensee, within 30 days after the conclusion of the investigation of such complaint, the professional licensing board or the division director shall notify the complainant of the disposition of such complaint. Such notification shall include whether any action was taken by the board with regard to such complaint and the nature of such action. In addition, the division director and the board shall upon request by the complainant advise the complainant as to the status of the complaint during the period of time that such complaint is pending."

SECTION 2. Code Section 43-5-14 of the Official Code of Georgia Annotated, relating to penalties for violations related to athletic trainers, is amended by striking the Code section in its

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3107

entirety and inserting in lieu thereof a new Code Section 43-5-14 to read as follows: "43-5-14.
Any person who violates this chapter Code Section 43-5-7 shall be guilty of a misdemeanor of a high and aggravated nature."

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.

Senator Shafer of the 48th moved that the Senate adopt the Conference Committee report on HB 352.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour E Blitch
Bowen Brown Brush Y Bulloch Butler Cagle Y Cheeks 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 Y Kemp,B E Kemp,R Y Lamutt
Lee 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
Tanksley Y Tate
Thomas,D Thomas,N N Thomas,R E Thompson Y Tolleson Y Unterman Y Williams Zamarripa

On the motion, the yeas were 35, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 352.

Senator Harp of the 16th asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:

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JOURNAL OF THE SENATE

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.

Senate Sponsor: Senator Thompson of the 33rd.

The consent was granted, and HB 93 was taken from the Table and continued upon its passage.

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
Brown Y Brush Y Bulloch
Butler 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
Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B E Kemp,R Y Lamutt
Lee Levetan Me V Bremen Y Moody Y Mullis Y Price Reed Y Seabaugh

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

On the passage of the bill, the yeas were 37, nays 0.

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

FRIDAY, APRIL 25, 2003

3109

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

Mr. President:

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

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 House insists on its position in substituting the following Bill of the Senate:

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 following bill was taken up to consider House action thereto:

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

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JOURNAL OF THE SENATE

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.
Senator Kemp of the 46th asked unanimous consent that the Senate adhere to its amendment and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Kemp of the 46th, Johnson of the 1st and Tolleson of the 18th.
The following resolution was taken up to consider House action thereto:
SR 23. By Senator Jackson of the 50th:
A RESOLUTION designating the Dean Bryant Intersection; and for other purposes.
Senator Jackson of the 50th asked unanimous consent that the Senate insist on its amendment to the House amendment to SR 23.
The consent was granted, and the Senate insisted on its amendment to the House amendment to SR 23.
Senator Clay of the 37th asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:
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 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.
Senate Sponsor: Senator Clay of the 37th.
The consent was granted, and HB 324 was taken from the Table and continued upon its passage.
Senator Balfour of the 9th offered the following amendment #1:
Amend HB 324 by striking "13" on lines 1 and 7 of page 1 and inserting in lieu thereof "12" and by striking "Secretary of State" on lines 2 and 7 and 8 of page 1 and inserting in

FRIDAY, APRIL 25, 2003

3111

lieu thereof "Governor".
By striking "6" on line 9 of page 1 and inserting in lieu thereof "7".
By striking line 10 of page 1 and inserting in lieu thereof "45-12-220."
By striking line 13 of page 1 and inserting in lieu thereof "45-12-221."
By striking "Secretary of State" on line 14 of page 1 and inserting in lieu thereof "Governor".
By striking line 16 of page 1 and inserting in lieu thereof "45-12-222."
By striking on line 7 of page 2 the word "Two" and inserting in its place the word "Five".
By striking "Secretary of State" on line 13 of page 2 and inserting in lieu thereof "Governor".
By striking line 15 of page 2 and inserting in lieu thereof "45-12-223."
By striking line 27 of page 2 and inserting in lieu thereof "45-12-224."
By striking line 31 of page 2 and inserting in lieu thereof "45-12-225."
On the adoption of the amendment, the yeas were 37, nays 0, and the Balfour amendment #1 was adopted.
Senator Balfour of the 9th offered the following amendment #2:
Amend HB 324 by striking on line 14, page 1 "Secretary of State" and adding instead "Governor" by striking on page 2, line 7 "two" and changing to "five"
by striking on page 2, line 13 striking "Secretary of State" and adding instead "Governor"
On the adoption of the amendment, the yeas were 35, nays 0, and the Balfour amendment #2 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:

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

Y Harbison C Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B E 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
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 44, nays 0.

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

Senator Hall of the 22nd asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:

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.

Senate Sponsor: Senator Lee of the 29th.

The consent was granted, and HB 581 was taken from the Table and continued upon its passage.

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 E Blitch Y Bowen
Brown Y Brush Y Bulloch
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
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

Y Seay Y Shafer Y Smith,F Y Smith,P E 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 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 Bulloch of the 11th asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:

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.

Senate Sponsor: Senator Bulloch of the 11th.

The consent was granted, and HB 291 was taken from the Table and continued upon its passage.

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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 E Blitch Y Bowen Y Brown Y Brush Y Bulloch
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
Henson Y Hill
Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen
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 Y Tanksley
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 44, nays 0.

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

The following bill was taken up to consider House action thereto:

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

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severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House amendment was as follows:

Amend SB 204 by inserting the word "significantly" between the words "worked" and "in" on lines 27 and 30 of page 19.

By striking lines 6 and 7 of page 27 and inserting in lieu thereof the following: "may be by a contract authorized by the Board."

By striking line 9 of page 31 and inserting in lieu thereof the following:
"year, the chairperson and other members of the Board shall be nominated by the Board chairperson and confirmed by".

Senator Reed of the 35th moved that the Senate agree to the House amendment to SB 204.

On the motion, 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
Butler Cagle Y Cheeks Y Clay Collins Y Crotts Y Dean Y Fort Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson
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 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 Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 204.

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The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:

Amend SB 366 by inserting on line 3 of page 13 between the word "America" and the
period the following: ", so help me God".

Senator Shafer of the 48th moved that the Senate agree to the House amendment to SB 366.

On the motion, a roll call was taken, and the vote was as follows:

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

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
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
Stokes Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams

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Y Hall Y Hamrick

Y Reed Seabaugh

Y Zamarripa

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 366.

The following bill was taken up to consider House action thereto:

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 House substitute was as follows:

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 provide for additional procedures and requirements with respect to zoning decisions; to amend the "Local Government Code Enforcement Boards Act"; to define a certain term; to provide requirements for an order to comply issued by a local code enforcement board; to provide for the specificity of fines; to repeal certain provisions relative to an administrative fine; to repeal certain provisions relative to an environmental court; to specify the venue and form of appeals; to provide for the delivery of notice; to provide for applicability of the foregoing; to make editorial revisions; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Code section at the end of Chapter 66, relating to zoning procedures, 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 proposed zoning decision involving land that is adjacent to or within 3,000 feet of any military base or military installation or within the 3,000 foot Clear Zone and Accident Prevention Zones

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Numbers I and II as prescribed in the definition of an Air Installation Compatible Use Zone of a military airport investigate and make a recommendation with respect to each of the matters enumerated in subsection (b) of this Code section, in addition to any other duties with which the planning department or agency is charged by the local government. The planning department or other agency shall request from the commander of such military base, military installation, or military airport a written recommendation and supporting facts relating to the use of the land being considered in the proposed zoning decision at least 30 days prior to the hearing required by subsection (a) of Code Section 36-66-4. If the base commander does not submit a response to such request by the date of the public hearing, there shall be a presumption that the proposed zoning decision will not have any adverse effect relative to the matters specified in subsection (b) of this Code section. Any such information provided shall become a part of the public record. (b) The matters with which the planning department or agency 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 or nearby property within 3,000 feet of a military base, military installation, or military airport; (2) Whether the zoning proposal will adversely affect the existing use or usability of nearby property within 3,000 feet of a military base, military installation, or military 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, military installation, or military 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, military installation, or military airport which give supporting grounds for either approval or disapproval of the zoning proposal."
SECTION 2. Said title is further amended by striking in its entirety Chapter 74, the "Local Government Code Enforcement Boards Act," and inserting in lieu thereof the following:
"CHAPTER 74 ARTICLE 1
36-74-1. This chapter shall be known and may be cited as the "Local Government Code Enforcement Boards Act" and is enacted to provide assistance to inferior courts with jurisdiction over county or municipal ordinances.

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36-74-2. It is the intent of this chapter to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist.
36-74-3. (a) Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided in this chapter. (b) A county or a municipality may, by ordinance, adopt an alternate code enforcement system which gives code enforcement boards the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances.
ARTICLE 2 36-74-20. The provisions of this article shall apply to enforcement boards created on or after July 1, 2003.
36-74-4 36-74-21. As used in this chapter article, the term:
(1) 'Code inspector' means any authorized agent or employee of the county or municipality whose duty it is to assure code compliance. (2) 'County or municipal codes and ordinances' means zoning ordinances and resolutions, ordinances and resolutions enacting subdivision regulations, environmental ordinances and resolutions, state minimum standard codes provided for in Code Section 8-2-25, ordinances and resolutions enacted pursuant to Code Section 8-2-25, other ordinances and resolutions regulating the development of real property, and ordinances and regulations providing for control of litter and debris, control of junked or abandoned vehicles, and control of overgrown vegetation. Notwithstanding the above, the term 'county and municipal codes and ordinances' shall not include:
(A) Those codes and ordinances requiring a permit, unless the alleged violator has failed to secure all necessary valid permits under said codes and ordinances; or (B) Any local amendments to the state minimum standard codes provided for in Code Section 8-2-25 that have not been adopted in conformity with the requirements of subsection (c) of Code Section 8-2-25. (3) 'Enforcement board' means a local government code enforcement board. (4)'Local governing body' means the governing authority of the county or municipality, however designated. (5)'Local governing body attorney' means the legal counselor for the county or municipality.

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(6) 'Violation involving the health or safety of a third party' means a violation that creates a legitimate concern for the health and safety of a third party third-party occupant of a dwelling place or that creates an immediate and substantial danger to the environment.
36-74-5 36-74-22. (a) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body may appoint code enforcement boards consisting of three, five, or seven members. The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members. (b) Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. In making appointments to an enforcement board, the local governing body shall make good faith efforts to appoint one or more individuals who have experience or expertise relevant to one or more of the county or municipal codes that are within the subject matter jurisdiction of the respective enforcement board, including individuals with property management and litter control experience; provided, however, that the authority and jurisdiction of an enforcement board shall not in any way be limited due to the absence from its membership of one or more individuals with such experience or expertise.
(c)(1) The initial appointments to a seven-member code enforcement board shall be as follows:
(A) Three members appointed for a term of two years each; and (B) Four members appointed for a term of four years each. (2) The initial appointments to a five-member code enforcement board shall be as follows: (A) Two members appointed for a term of two years each; and (B) Three members appointed for a term of four years each. (3) The initial appointments to a three-member code enforcement board shall be as follows: (A) One member appointed for a term of two years; and (B) Two members appointed for a term of four years each. (4) Upon the expiration of the initial terms specified in paragraphs (1), (2), and (3) of this subsection all terms shall be for three years. (5) The local governing body of a county or a municipality may reduce a sevenmember code enforcement board to five members, or a five-member code enforcement board to three members, upon the simultaneous expiration of the terms of office of two members of the board. (6) A member may be reappointed upon approval of the local governing body. (7) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chairperson, the

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enforcement board shall declare the members office vacant, and the local governing body shall promptly fill such vacancy. (8) The members shall serve in accordance with ordinances of the local governing body and may be suspended and removed for cause as provided in such ordinances for removal of members of boards. A local governing body may, with or without cause, refuse to reappoint any member of an enforcement board at the expiration of his or her term of office. (d) The members of an enforcement board shall elect a chairperson, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven-member enforcement board, the presence of three or more members shall constitute a quorum of any five-member enforcement board, and the presence of two or more members shall constitute a quorum of any three-member enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as otherwise provided by law. (e) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities.
36-74-6 36-74-23. (a) It shall be the duty of the code inspector to initiate enforcement proceedings pursuant to the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings. (b) Except as provided in subsections (c) and (d) of this Code section, if a violation of any code or ordinance is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall proceed with enforcement through the appropriate court or shall proceed with enforcement through the appropriate code enforcement board. If the code inspector proceeds through a code enforcement board, the code inspector shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing, and written notice of such hearing shall be hand delivered or made as provided in Code Section 36-74-12 36-74-29 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in Code Section 36-74-12 36-74-29. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing and shall provide written notice pursuant to Code Section 36-74-12 36-74-29. The case may

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be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. (d) If the code inspector has substantial reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing.
36-74-7 36-74-24. (a) Upon request of the code inspector, or at such other times as may be necessary, the chairperson of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of a seven-member enforcement board or signed by at least two members of a five-member enforcement board. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local governing body may provide or assign clerical and administrative personnel to assist the enforcement board in the proper performance of its duties. (b) Each case before an enforcement board shall be presented by the local governing body attorney or by a code inspector or other member of the administrative staff of the local governing body. (c) An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (d) At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted in this chapter article. The findings and conclusions shall be by motion approved by a majority of those members present and voting, except that at least four members of a seven-member enforcement board, or three members of a five-member enforcement board, or two members of a threemember enforcement board, must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

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36-74-8 36-74-25. Each enforcement board shall have the power to:
(1) Adopt rules for the conduct of its hearings, which rules shall, at a minimum, ensure that each side has an equal opportunity to present evidence and argument in support of its case; (2) Subpoena alleged violators and witnesses to its hearings, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance. Subpoenas may be served by the sheriff, marshal, or police department of the county or by the police department of the municipality or by any other individual authorized by Code Section 24-10-23 to serve subpoenas; (3) Subpoena evidence to its hearings in the same way as provided in paragraph (2) of this Code section, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance; (4) Take testimony under oath; and (5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.
36-74-9 36-74-26. (a) An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time may order the violator to pay an administrative fine in an amount specified in this Code section.
(b)(1) An administrative fine imposed pursuant to this Code section for a violation involving the health or safety of a third party shall not exceed $1000.00 $1,000.00 per day. (2) An administrative fine imposed pursuant to this Code section for a violation that is not a violation involving the health or safety of a third party shall not exceed a total of $1,000.00. (3) In determining the amount of the fine, if any, the enforcement board shall consider the following factors:
(A) The gravity of the violation; (B) Any actions taken by the violator to correct the violation; and (C) Any previous violations committed by the violator. (4) An enforcement board may reduce a fine imposed pursuant to this Code section. (c) A certified copy of an order imposing an administrative fine may be recorded in the public records of any county and thereafter shall constitute a lien against the land on which the violation exists and upon any real or personal property owned by the violator. Upon petition to the superior court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. After three months from the filing of any such lien which remains unpaid, the enforcement board may request the local governing body attorney to foreclose on the lien.

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(d) If an environmental court is in existence with jurisdiction over ordinances subject to the jurisdiction of the enforcement board, the violator may object to the fine imposed and submit to the jurisdiction of the environmental court. The case shall be transferred to the environmental court and handled de novo as an ordinance violation.
36-74-10 36-74-27. No lien imposed under this chapter article shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorneys fee, that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.
36-74-11 36-74-28. An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the superior court. Such an appeal shall be a hearing de novo. An appeal shall be filed within 30 days of the execution of the order to be appealed.
36-74-12 36-74-29. (a) All notices required by this chapter article shall be provided to the alleged violator by certified mail or statutory overnight delivery, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; or by leaving the notice at the violators usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice. (b) In addition to providing notice as set forth in subsection (a) of this Code section, at the option of the code enforcement board, notice may also be served by publication or posting, as follows:
(1) Notice may be published once during each week for four consecutive weeks (four publications being sufficient) in the newspaper in which the sheriffs advertisements are printed in the county where the code enforcement board is located. Proof of publication shall be made by affidavit of a duly authorized representative of the newspaper; (2) If there is no newspaper of general circulation in the county where the code enforcement board is located, three copies of such notice shall be posted for at least 28 days in three different and conspicuous places in such county, one of which shall be at the front door of the courthouse in said county. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting; or

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(3) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery, mail, or statutory overnight delivery as required under subsection (a) of this Code section. Evidence that an attempt has been made to deliver notice by hand, mail, or statutory overnight delivery as provided in subsection (a) of this Code section, together with proof of publication or posting as provided in this subsection, shall be sufficient to show that the notice requirements of this Code section have been met, without regard to whether or not the alleged violator actually received such notice.
36-74-13 36-74-30. It is the intent of this chapter article to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in this chapter article shall prohibit a local governing body through its code inspector from enforcing its codes by any other lawful means including criminal and civil proceedings; provided, however, that a local governing body shall not pursue a specific instance of an alleged violation of an ordinance against one violator before both a code enforcement board and a magistrate, municipal, or other court authorized to hear ordinance violations.
ARTICLE 3 36-74-40. The provisions of this article shall apply to enforcement boards created prior to January 1, 2003.
36-74-41. As used in this article, the term:
(1) 'Code inspector' means any authorized agent or employee of the county or municipality whose duty it is to assure code compliance. (2) 'County or municipal codes and ordinances' means zoning ordinances and resolutions, ordinances and resolutions enacting subdivision regulations, environmental ordinances and resolutions, state minimum standard codes provided for in Code Section 8-2-25, ordinances and resolutions enacted pursuant to Code Section 8-2-25, other ordinances and resolutions regulating the development of real property, and ordinances and regulations providing for control of litter and debris, control of junked or abandoned vehicles, and control of overgrown vegetation. Notwithstanding the above, the term 'county and municipal codes and ordinances' shall not include:
(A) Those codes and ordinances requiring a permit, unless the alleged violator has failed to secure all necessary valid permits under said codes and ordinances; or (B) Any local amendments to the state minimum standard codes provided for in Code Section 8-2-25 that have not been adopted in conformity with the requirements of subsection (c) of Code Section 8-2-25. (3) 'Enforcement board' means a local government code enforcement board. (4) 'Local governing body' means the governing authority of the county or municipality, however designated.

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(5) 'Local governing body attorney' means the legal counselor for the county or municipality. (6) 'Repeat violation' means any violation of county or municipal codes or ordinances by an owner or co-owner whom the enforcement board has previously found to be in violation of a code or ordinance within one year prior to such violation. (7) 'Violation involving the health or safety of a third party' means a violation that creates a legitimate concern for the health and safety of a third-party occupant of a dwelling place or that creates an immediate and substantial danger to the environment or members of the community at large, especially minor children.
36-74-42. (a) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body may appoint code enforcement boards consisting of three, five, or seven members. The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members. (b) Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. In making appointments to an enforcement board, the local governing body shall make good faith efforts to appoint one or more individuals who have experience or expertise relevant to one or more of the county or municipal codes that are within the subject matter jurisdiction of the respective enforcement board, including individuals with property management and litter control experience; provided, however, that the authority and jurisdiction of an enforcement board shall not in any way be limited due to the absence from its membership of one or more individuals with such experience or expertise.
(c)(1) The initial appointments to a seven-member code enforcement board shall be as follows:
(A) Three members appointed for a term of two years each; and (B) Four members appointed for a term of four years each. (2) The initial appointments to a five-member code enforcement board shall be as follows: (A) Two members appointed for a term of two years each; and (B) Three members appointed for a term of four years each. (3) The initial appointments to a three-member code enforcement board shall be as follows: (A) One member appointed for a term of two years; and (B) Two members appointed for a term of four years each. (4) Upon the expiration of the initial terms specified in paragraphs (1), (2), and (3) of this subsection all terms shall be for three years. (5) The local governing body of a county or a municipality may reduce a sevenmember code enforcement board to five members, or a five-member code

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enforcement board to three members, upon the simultaneous expiration of the terms of office of two members of the board. (6) A member may be reappointed upon approval of the local governing body. (7) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chairperson, the enforcement board shall declare the members office vacant, and the local governing body shall promptly fill such vacancy. (8) The members shall serve in accordance with ordinances of the local governing body and may be suspended and removed for cause as provided in such ordinances for removal of members of boards. A local governing body may, with or without cause, refuse to reappoint any member of an enforcement board at the expiration of his or her term of office. (d) The members of an enforcement board shall elect a chairperson, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven-member enforcement board, the presence of three or more members shall constitute a quorum of any five-member enforcement board, and the presence of two or more members shall constitute a quorum of any three-member enforcement board. Members shall serve without compensation but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as otherwise provided by law. (e) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board but in no case shall the local governing body attorney serve in both capacities.
36-74-43. (a) It shall be the duty of the code inspector to initiate enforcement proceedings pursuant to the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings. (b) Except as provided in subsections (c) and (d) of this Code section, if a violation of any code or ordinance is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall proceed with enforcement through the appropriate court or shall proceed with enforcement through the appropriate code enforcement board. If the code inspector proceeds through a code enforcement board, the code inspector shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing, and written notice of such hearing shall be hand delivered or made as provided in Code Section 36-74-49 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in Code Section 36-74-49. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board

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even if the violation has been corrected prior to the board hearing, and the notice shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing and shall provide written notice pursuant to Code Section 36-74-49. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. (d) If the code inspector has substantial reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing.
36-74-44. (a) Upon request of the code inspector, or at such other times as may be necessary, the chairperson of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of a seven-member enforcement board or signed by at least two members of a five-member enforcement board. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local governing body may provide or assign clerical and administrative personnel to assist the enforcement board in the proper performance of its duties. (b) Each case before an enforcement board shall be presented by the local governing body attorney or by a code inspector or other member of the administrative staff of the local governing body. (c) An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (d) At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order to comply or an order to pay an administrative fine consistent with powers granted in this article. The findings and conclusions and any order imposed shall be by motion approved by a majority of those members present and voting, except that at least four members of a seven-member enforcement board, three members of a five-member enforcement board, or two members of a three-member enforcement board must vote in order for the action to be official. (e) An order to comply shall include notice that it must be complied with by a specified date and that an administrative fine may be imposed if the order is not complied with by such date.

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(f) An order to pay a fine shall specify the amount of the fine as determined and voted upon by the enforcement board, as well as the date and time the fine is due. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchaser, successor in interest, or assign if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, and subsequent purchaser, successor in interest, or assign. If an order is recorded in the public records pursuant to this subsection and the fine is paid by the date and time specified in the order, the enforcement board shall issue an order acknowledging that the fine has been paid in full and such order shall be recorded in the public records. A hearing is not required to issue such an order acknowledging the payment of a fine. (g) The enforcement board may issue an order to pay a fine against the violator if the cited violation was not corrected within the time specified on the code inspectors notice or if an order to comply was not satisfied within the time specified in the order, even if said violation was corrected and brought into compliance prior to the hearing at which the fine is imposed.
36-74-45. Each enforcement board shall have the power to:
(1) Adopt rules for the conduct of its hearings, which rules shall, at a minimum, ensure that each side has an equal opportunity to present evidence and argument in support of its case; (2) Subpoena alleged violators and witnesses to its hearings, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance. Subpoenas may be served by the sheriff, marshal, or police department of the county or by the police department of the municipality or by any other individual authorized by Code Section 24-10-23 to serve subpoenas; (3) Subpoena evidence to its hearings in the same way as provided in paragraph (2) of this Code section, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance; (4) Take testimony under oath; and (5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.

36-74-46. (a)(1) An administrative fine imposed pursuant to this Code section for a violation involving the health or safety of a third party shall not exceed $1,000.00 per day. (2) An administrative fine imposed pursuant to this Code section for a violation that is not a violation involving the health or safety of a third party shall not exceed a total of $1,000.00. (3) In determining the amount of the fine, if any, the enforcement board shall consider the following factors:

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(A) The gravity of the violation; (B) Any actions taken by the violator to correct the violation; and (C) Any previous violations committed by the violator. (4) An enforcement board may reduce a fine imposed pursuant to this Code section. (b) A certified copy of an order imposing an administrative fine may be recorded in the public records of any county and thereafter shall constitute a lien against the land on which the violation exists and upon any real or personal property owned by the violator. Upon petition to the superior court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. After three months from the filing of any such lien which remains unpaid, the enforcement board may request the local governing body attorney to foreclose on the lien.
36-74-47. No lien imposed under this article shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorneys fee, that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.
36-74-48. An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the superior court of the county in which the subject property is located. Such an appeal shall be in the form of a writ of certiorari governed by Chapter 4 of Title 5 and shall be heard on the record. An appeal shall be filed within 30 days of the execution of the order to be appealed.
36-74-49. (a) All notices required by this article shall be provided to the alleged violator by certified mail or statutory overnight delivery, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; by leaving the notice at the violators usual place of residence with any person residing therein who is over 15 years of age and informing such person of the contents of the notice; or by leaving the notice at the violators usual place of business with a manager or other upper-level employee who is over 15 years of age and informing such person of the contents of the notice. (b) In addition to providing notice as set forth in subsection (a) of this Code section, at the option of the code enforcement board, notice may also be served by publication or posting, as follows:

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(1) Notice may be published once during each week for four consecutive weeks (four publications being sufficient) in the newspaper in which the sheriffs advertisements are printed in the county where the code enforcement board is located. Proof of publication shall be made by affidavit of a duly authorized representative of the newspaper; (2) If there is no newspaper of general circulation in the county where the code enforcement board is located, three copies of such notice shall be posted for at least 28 days in three different and conspicuous places in such county, one of which shall be at the front door of the courthouse in said county. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting; or (3) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery, mail, or statutory overnight delivery as required under subsection (a) of this Code section. Evidence that an attempt has been made to deliver notice by hand, mail, or statutory overnight delivery as provided in subsection (a) of this Code section, together with proof of publication or posting as provided in this subsection, shall be sufficient to show that the notice requirements of this Code section have been met, without regard to whether or not the alleged violator actually received such notice.
36-74-50. It is the intent of this article to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in this article shall prohibit a local governing body through its code inspector from enforcing its codes by any other lawful means including criminal and civil proceedings; provided, however, that a local governing body shall not pursue a specific instance of an alleged violation of an ordinance against one violator before both a code enforcement board and a magistrate, municipal, or other court authorized to hear ordinance violations."
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.
Senator Harp of the 16th moved that the Senate agree to the House substitute to SB 261 as amended by the following amendment:
Amend the House substitute to SB 261 by changing line 16, page 3 from: July 1 to January 1.
On the motion, a roll call was taken and the vote was as follows:

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

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens
Jackson Johnson Y Kemp,B E Kemp,R Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Mullis Y Price 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
Thomas,N N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 42, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 261 as amended by the Senate.

The following bill was taken up to consider House action thereto:

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.

Senator Meyer von Bremen of the 12th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 182 and that a Conference Committee be appointed.

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The consent was granted, and the President appointed as a Conference Committee the following Senators: Balfour of the 9th, Moody of the 27th and Shafer of the 48th.

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 Senate:

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.

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 House has disagreed to the Senate amendments to the following Resolution of the House:

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.

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The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the Senate:

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.

The Speaker has appointed on the part of the House, Representatives Porter of the 119th, Stanley-Turner of the 43rd, Post 2, and Boggs of the 145th.

The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:

Amend SB 290 by striking lines 4 and 5 of page 1 and inserting in lieu thereof the
following: "L. 1997, p., 4588), so as to change certain provisions relative to the county attorney; to repeal"
By striking lines 12 through 23 of page 1 and inserting in lieu thereof the following: "p. 4588) is amended by striking in its entirety Section 13 and inserting in lieu thereof"

By redesignating Section 3 as Section 2.

Senator Bulloch of the 11th moved that the Senate agree to the House amendment to SB 290.

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

Harbison Y Harp Y Henson
Hill Y Hooks Y Hudgens
Jackson Johnson C Kemp,B E Kemp,R Y Lamutt Lee Y Levetan 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 Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson C Tolleson Y Unterman
Williams Y Zamarripa

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 290.

The following bill was taken up to consider House action thereto:

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 House substitute was as follows:

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A BILL TO BE ENTITLED AN ACT
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

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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 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 within its territorial boundaries; provided, however, that no storage fees shall be charged for the first 24 hour period running from 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.
Senator Williams of the 19th moved that the Senate agree to the House substitute to SB 121.

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

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

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

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 121.

The following resolution was taken up to consider House action thereto:

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.

Senator Williams of the 19th asked unanimous consent that the Senate insist on its amendments to HR 591.

The consent was granted, and the Senate insisted on its amendments to HR 591.

Senator Gillis of the 20th asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:

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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.
Senate Sponsor: Senator Gillis of the 20th.
The consent was granted, and HB 497 was taken from the Table and continued upon its passage.
The Senate Transportation Committee offered the following amendment:
Amend HB 497 by adding after the word and symbol "Telfair," on line 23 of page 3 the following:
"Dodge, Wilcox, Bleckley,".
By striking line 16 of page 4 and inserting in its place the following: "(4) To acquire by purchase or lease, and to hold, lease, and".
By striking line 22 of page 6 and inserting in its place the following: "of tourism to the service area and its citizens without the displacement of freight operations conducted along the service area."
By adding after the word and symbol "Telfair," on line 1 of page 7 the following: "Dodge, Wilcox, Bleckley,".
By adding after the word and symbol "Swainsboro," on line 3 of page 7 the following: "Eastman, Abbeville, Cochran,".
By adding after the word and symbol "chapter." on line 25 of page 12 the following: "In addition, the authorization for rail passenger excursion projects shall not interfere with the normal freight operations conducted by the operator of said railway."
On the adoption of the amendment, the yeas were 44, nays 1, and the committee amendment was adopted.
Senators Starr of the 44th and Gillis of the 20th offered the following amendment:

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Amend HB 497 by inserting immediately following the word 'amend' of line 1 of page 1 the following:

Chapter 6 of Title 28, relating to interstate cooperation, so as to include the Southern Legislative Conference and"

Inserting immediately after line 9 of page 1 the following sections:

SECTION 1. Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, is amended by striking paragraph (1) of Code Section 28-6-3, relating to functions of the Georgia Commission on Interstate Cooperation, and inserting in its place a new paragraph (1) to read as follows: "(1) Carry forward the participation of this state as a member of the Council of State Governments and of the Southern Legislative Conference;"

SECTION 2. Said chapter is further amended by striking Code Section 28-6-7, relating to the status of the Council of State Governments, and inserting in its place a new Code Section 28-6-7 to read as follows: "28-6-7. The Council of State Governments is and the Southern Legislative Conference are each declared to be a joint governmental agency of this state and of the other states which cooperate through it."

Redesignating Sections 1 and 2 as Section 3 and 4 respectively.

Senator Starr of the 44th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Starr, Gillis amendment was withdrawn.

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

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

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

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3141

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

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

Tanksley 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 42, nays 0.

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

The following bill was taken up to consider House action thereto:

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 House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible taxes, so as to provide that such taxes shall not apply to certain transactions between individuals and related entities; to provide that the person responsible for the collection of the real estate transfer tax, distributions, reporting, and the performance of the other related duties shall be the clerk of the superior court; 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 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible taxes, is amended by striking Code Section 48-6-2, relating to exemptions, and inserting

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in its place a new Code section to read as follows: "48-6-2. (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; and (11)(A) Any deed, instrument, or other writing through which real property is transferred from one or more individual owners to a corporation, partnership, or other entity if the individual owner or owners of the real property also have a majority ownership interest in the corporation, partnership, or other entity to which the property is transferred; or (B) Any deed, instrument, or other writing through which real property is transferred from a corporation, partnership, or other entity to one or more individuals if the individual or individuals to whom the property is transferred also have a majority ownership interest in the corporation, partnership, or other entity by which the property is transferred. (b) In order to exercise any exemption provided in this Code section, the total consideration of the transfer shall be shown."

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SECTION 2. Said chapter is further amended by striking Code Section 48-6-4, relating to payment of real estate transfer tax, certification of payment, and recording of deed, in its entirety and inserting in its place a new Code Section 48-6-4 to read as follows:
"48-6-4. (a) It is the intent of the General Assembly that the tax imposed by this article be paid to the clerk of the superior court or his or her deputy prior to and as a prerequisite to the filing for record of any deed, instrument, or other writing described in Code Section 486-1. (b) No deed, instrument, or other writing described in Code Section 48-6-1 shall be filed for record or recorded in the office of the clerk of the superior court or filed for record or recorded in or on any other official record of this state or of any county until the tax imposed by this article has been paid; provided, however, that any such deed, instrument, or other writing filed or recorded which would otherwise constitute constructive notice shall constitute such notice whether or not such tax was in fact paid. (c) The amount of tax to be paid on a deed, instrument, or other writing shall be determined on the basis of written disclosure of the consideration or value of the interest in the property granted, assigned, transferred, or otherwise conveyed. The disclosure shall be made on a form or in electronic format prescribed by the commissioner and provided by the commissioner clerk of the superior court. By the fifteenth day of the month following the month the deed, instrument, or other writing is recorded, a physical or electronic copy of each disclosure shall be forwarded or made available electronically to the state auditor and to the tax commissioner and the board of tax assessors in the county where the deed, instrument, or other writing is recorded. (d) Upon payment of the correct amount of tax, the clerk of the superior court or his or her deputy shall enter upon or attach to the deed, instrument, or other writing a certification of the fact that the tax as imposed by this article has been paid, the date, and the amount of the tax. The certification shall be signed by the clerk or deputy clerk receiving the tax. The certification may also be attested to electronically by the clerk or deputy clerk in such manner as may be prescribed by the commissioner. (e) The certificate entered upon or attached physically or electronically to the deed, instrument, or other writing shall be recorded with the deed, instrument, or other writing and shall be in the physical or electronic form required by the commissioner. In each case, however, the certificate shall bear the signature of the clerk or his or her deputy. The certificate may be relied upon by subsequent purchasers or lenders as evidence that the proper tax has been paid. In the event any deed, instrument, or other writing upon which tax is imposed by this article is required to be recorded in more than one county, the required tax shall be paid to the clerk or his or her deputy of the county in which the deed, instrument, or other writing is first recorded."
SECTION 3. Said chapter is further amended by striking Code Section 48-6-5, relating to the collection of real estate transfer tax and fees, in its entirety and inserting in its place a

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new Code Section 48-6-5 to read as follows: "48-6-5. (a) Each clerk of the superior court is designated as an agent of the commissioner for the purpose of shall be responsible for collecting the tax provided in this article. Each clerk may affix certificates to the deeds, instruments, or other writings with respect to which a tax is required to be paid pursuant to this article. Each clerk shall also perform the duties provided in this article. (b) In the performance of the duties imposed by this article, each clerk of the superior court shall be entitled to a fee in addition to all other fees provided by law of 50 for each deed, instrument, or other writing with respect to which a tax is required to be paid as provided in this article and filed for record and recorded in the county in which the clerk of the court holds office. The fee shall be withheld from the funds received in payment of the tax and remitted to the commissioner as provided in this article. Fees withheld by a clerk shall be distributed as follows: (1) In the event the clerk withholding the fees is compensated on a salary basis, the amount of the fees withheld shall be paid into the treasury of the county; or (2) In the event the clerk is not compensated on a salary basis, the amount of the fees withheld shall be retained by the clerk as compensation for the duties performed under this article." SECTION 4.
Said chapter is further amended by striking Code Section 48-6-6, relating to reports of real estate transfer tax, in its entirety and inserting in its place a new Code Section 48-6-6 to read as follows:
"48-6-6. Within 60 days of the end of each calendar year, the clerk of the superior court shall file with the commissioner a report showing the total amount of tax distributed among the state, county, and municipalities during the preceding calendar year. Each clerk of superior court shall remit to the commissioner at least once every 30 days and at more frequent intervals as the commissioner may direct all funds collected by the clerk in payment of the tax imposed by this article and shall make appropriate reports as the commissioner requires."
SECTION 5. Said chapter is further amended by striking Code Section 48-6-8, relating to the distribution of real estate transfer tax, in its entirety and inserting in its place a new Code Section 48-6-8 to read as follows:
"48-6-8. All At least once every 30 days, all revenues derived from the tax imposed by this article shall be distributed among the state and municipalities in which the real property is situated and the county in which the real property is situated in the same proportion that revenues derived from the taxes imposed by Article 3 of this chapter are divided. If the real property is situated in more than one county, the appropriate portion of the tax

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shall be equitably divided among the counties by the commissioner clerk of the superior court."
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.

Senator Hamrick of the 30th moved that the Senate agree to the House substitute to SB 97.

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

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

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 97.

The following bill was taken up to consider House action thereto:

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

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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.
Senator Brush of the 24th asked unanimous consent that the Senate adhere to its disagreement to the House amendment and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Brush of the 24th, Clay of the 37th and Kemp of the 46th.
Senator Balfour of the 9th asked unanimous consent that the following resolution, having been placed on the Table on April 22, 2003, be taken from the Table:
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.
The consent was granted, and HR 263 was taken from the Table.
Senator Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:
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.
Senate Sponsor: Senator Williams of the 19th.
The consent was granted, and HB 504 was taken from the Table and continued upon its passage.
The Senate Finance Committee offered the following substitute to HB 504:

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A BILL TO BE ENTITLED AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise provisions relating to Georgia taxes; to provide that a claim for refund may not be submitted by a taxpayer on behalf of a class of other taxpayers alleged to be similarly situated; to provide that an action for refund may not be brought by a taxpayer on behalf of such a class; 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 prepayments of certain taxes with respect to motor fuels; to provide for procedures, conditions, and limitations; to change certain provisions regarding penalties; to change certain provisions regarding taxation of motor fuel; to change certain provisions regarding sales and use tax exemptions regarding motor fuel; to repeal certain provisions regarding the second motor fuel tax; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-2-35, relating to refunds of taxes and fees that are erroneously or illegally assessed and collected by the state revenue commissioner, by striking paragraph (1) of subsection (b) and inserting in its place a new paragraph (1) to read as follows:
"(b)(1) A claim for refund of a tax or fee erroneously or illegally assessed and collected may be made by the taxpayer at any time within three years after the date of the payment of the tax or fee to the commissioner. Each claim shall be filed in writing in the form and containing such information as the commissioner may reasonably require and shall include a summary statement of the grounds upon which the taxpayer relies. Should any person be prevented from filing such an application because of his own or his counsels service in the armed forces during such period, the period of limitation shall date from his or his counsels discharge from the service. A claim for refund may not be submitted by the taxpayer on behalf of a class consisting of other taxpayers who are alleged to be similarly situated."
SECTION 2. Said title is further amended in Code Section 48-2-35, relating to refunds of taxes and fees that are erroneously or illegally assessed and collected by the state revenue commissioner, in subsection (b) by redesignating paragraph (5) as paragraph (6) and inserting a new paragraph (5) to read as follows:
"(5) An action for a refund pursuant to paragraph (4) of this subsection may not be brought by the taxpayer on behalf of a class consisting of other taxpayers who are

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alleged to be similarly situated." SECTION 3.
Said title is further amended by striking Code Section 48-8-3.1, relating to sales and use tax exemptions regarding motor fuel, and inserting in its place a new Code Section 48-83.1 to read as follows:
"48-8-3.1. (a) Except as provided in subsection (b) of this Code section, sales Sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 shall be exempt from the first 3 percent of the sales and use taxes levied or imposed by this article and shall be fully subject to the remaining 1 4 percent of the sales and use taxes levied or imposed by this article. (b) Sales of motor fuel other than gasoline which motor fuel other than gasoline is purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title shall be fully subject to the 4 percent sales and use taxes levied or imposed by this article unless otherwise specifically exempted by this article. (c) It is specifically declared to be the intent of the General Assembly that taxation imposed on sales of motor fuel wholly or partially subject to taxation under this Code section shall not constitute motor fuel taxes for purposes of any provision of the Constitution providing for the automatic or mandatory appropriation of any amount of funds equal to funds derived from motor fuel taxes."
SECTION 4. Said title is further amended in Code Section 48-8-2, relating to definitions, by adding a new paragraph immediately following paragraph (5), to be designated paragraph (5.1), to read as follows:
"(5.1) 'Prepaid state tax' means the sales and use tax levied under Code Section 48-830 in conjunction with Code Section 48-8-3.1 and Code Section 48-9-3.1 on the retail sale of motor fuels for highway use and collected prior to that retail sale. This tax is based upon the average retail sales price as set forth in Code Section 48-9-3.1. This shall not apply to any local sales and use tax which is levied on the sale or use of motor fuel and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; or by or pursuant to Article 3 of this chapter."

SECTION 5. Said title is further amended by striking subsection (b) of Code Section 48-8-49, relating to dealers sales and use tax returns, and inserting in its place a new subsection (b) to read as follows:

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3149

"(b)(1) As used in this subsection, the term 'estimated tax liability' means a dealers tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on his the dealers average monthly payments for the last fiscal year. (2) If the estimated tax liability of a dealer for any taxable period exceeds $2,500.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer unless during the previous fiscal year the dealers monthly payments exceeded $2,500.00 per month for three consecutive months or more nor shall this subsection apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under Code Section 48-9-3.1. No local sales taxes shall be included in determining any estimated tax liability."
SECTION 6. Said title is further amended by striking paragraph (3) of subsection (b) of Code Section 48-8-50, relating to compensation of dealers, and inserting in its place a new paragraph (3) to read as follows:
"(3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, Code Section 48-9-14 and sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of this Code section but not including Code Section 48-9-3.1."
SECTION 7. Said title is further amended by adding a new Code section immediately following Code Section 48-9-3, to be designated Code Section 48-9-3.1, to read as follows:
"48-9-3.1. (a) As used in this Code section, the term 'prepaid state tax' shall have the same meaning as provided in paragraph (5.1) of Code Section 48-8-2. (b) At the time the tax imposed by Code Section 48-9-3 attaches to a sale or transfer of motor fuels, a prepaid state tax shall be collected. The same person remitting the tax imposed under Code Section 48-9-3, but on a separate schedule, shall remit the prepaid state tax to the state. The tax shall be separately invoiced throughout the chain of distribution until it reaches the dealer who makes the retail sale. The commissioner shall issue the rate of prepaid state tax on a semiannual basis, rounded to the nearest $.001 per gallon for use in the following the semiannual period. The rate shall be calculated at 4 percent of the state-wide average retail price by motor fuel type as compiled by the Energy Information Agency of the United States Department of Energy, the Oil Pricing Information Service, or a similar reliable published index less taxes imposed under Code Section 48-9-3, this subsection, and all local sales and use

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taxes. In the event that the retail price changes by 25 percent or more within a semiannual period, the commissioner shall issue a revised prepaid state tax rate for the remainder of that period. (c) This tax shall be subject only to the exemptions provided in Code Section 48-9-3."
SECTION 8. Said title is further amended by striking Code Section 48-9-14, relating to the second motor fuel tax, and inserting in its place a new Code Section 48-9-14 to read as follows:
"48-9-14. (a) In addition to the motor fuel tax imposed by Code Section 48-9-3, there is imposed a second motor fuel tax. (b) The motor fuel tax imposed by this Code section is levied at the rate of 3 percent of the retail sale price less the tax imposed by Code Section 48-9-3 upon the sale, use, or consumption, as defined in Code Section 48-8-2, of motor fuel in this state. This tax shall be subject only to the exemptions provided in Code Section 48-9-3.
(c)(1) Except as otherwise provided in paragraph (2) of this subsection, in all other respects, the tax imposed by this Code section shall be administered and collected and penalties and interest shall be imposed in the same manner as the sales and use tax collected pursuant to Article 1 of Chapter 8 of this title. (2) Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50. Reserved."
SECTION 9. Said title is further amended by striking subsections (b) and (d) of Code Section 48-9-16, relating to penalties, and inserting in their place new subsections (b) and (d), respectively, to read as follows:
"(b) When any distributor fails to pay the tax or any part of the tax due under paragraph (1) of subsection (a) of Code Section 48-9-3 or 48-9-3.1, he the distributor shall be subject to a penalty of 10 percent of the amount of unpaid taxes due." "(d) When any distributor fails to pay the tax or any part of the tax due under paragraph (1) of subsection (a) of Code Section 48-9-3 or 48-9-3.1, he the distributor shall pay interest on the unpaid tax at the rate specified in Code Section 48-2-40 from the time the tax became due until paid."
SECTION 10. (a) This section and Section 10 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 1 and 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all claims for refunds filed or actions for refunds brought pursuant to Code Section 48-2-35 before, on, or after such effective date.

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3151

(c) Sections 4, 5, 6, 7, and 9 of this Act shall become effective on January 1, 2004. (d) Sections 3 and 8 of this Act shall become effective on July 1, 2003.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Senator Williams of the 19th offered the following amendment:

Amend the Senate Finance Committee substitute to HB 504 by striking "to change certain provisions regarding exemptions with respect to motor fuels;" from lines 5 and 6 of page 1.

By striking line 12 of page 2 through line 28 of page 5 and inserting in their place the

following:

"SECTION 3.

Said title is further amended in Code Section 48-8-2, relating to definitions, by adding a

new paragraph immediately following paragraph (5), to be designated paragraph (5.1), to

read as follows:

'(5.1) "prepaid state tax" means the tax levied under Codes Section 48-8-30 in

conjunction with Code Section 48-8-3.1 and Codes Section 48-9-14. This shall not

apply to any local sales and use tax which is levied on the sale or use of motor fuel

and imposed in an area consisting of less than the entire state, however authorized,

including, but not limited to, such taxes authorized by or pursuant to constitutional

amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L.

1965, p. 2243), as amended, known as the "Metropolitan Atlanta Rapid Transit

Authority Act of 1965"; by or pursuant to Article 2 of this chapter; by or pursuant to

Article 2A of this chapter; or by or pursuant to Article 3 of this chapter.'

SECTION 4. Said title is further amended by striking subsection (b) of Code Section 48-8-49, relating to dealer's sales and use tax returns, and inserting in its place a new subsection (b) to read as follows:
'(b)(1) As used in this subsection, the term "estimated tax liability" means a dealers tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on his the dealers average monthly payments for the last fiscal year. (2) If the estimated tax liability of a dealer for any taxable period exceeds $2,500.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer unless during the previous fiscal year the dealers Monthly payments exceeded $2,500.00 per month for three

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consecutive months or more nor shall this subsection apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. No local sales taxes shall be included in determining any estimated tax liability.'
SECTION 5. Said title is further amended by striking paragraph (3) of subsection (b) of Code Section 48-8-50, relating to compensation of dealers, and inserting in its place a new paragraph (3) to read as follows:
'(3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, Code Section 48-9-14 and sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of this Code section but not including Code Section 48-9-14.'
SECTION 6. Said title is further amended by striking subsection (b) of Code Section 48-9-14, relating to the second motor fuel tax, and inserting in its place a new subsection (b) to read as follows:
'(b)(1) The motor fuel tax imposed by this Code section is levied at the rate of 3 percent of the retail sale price less the tax imposed by Code Section 48-9-3 upon the sale, use, or consumption, as defined in Code Section 48-8-2, of motor fuel in this state. This tax shall be subject only to the exemptions provided in Code Section 48-93.
(2)(A) As used in this paragraph, the term "prepaid state tax" shall have the same meaning as provided in paragraph (5.1) of Code Section 48-8-2. (B) At the time the tax imposed by Code Section 48-9-3 attaches to a sale or transfer of motor fuels, a prepaid state tax shall be collected. The same person remitting the tax imposed under Code Section 48-9-3, but on a separate schedule, shall remit the prepaid state tax to the state. The tax shall be separately invoiced throughout the chain of distribution until it reaches the dealer who makes the retail sale. The commissioner shall issue the rate of prepaid sate tax on a semiannual basis, rounded to the nearest $.001 per gallon for use in the following the semiannual period. The rate shall be calculated at 4 percent of the state-wide average retail price by motor fuel type as complied by the Energy Information Agency of the United States Department of Energy, the Oil Pricing Information Service, or a similar reliable published index less taxes imposed under Code Section 48-9-3, this subsection, and all local sales and use taxes. In the event that the retail price changes by 25 percent or more within a semiannual period, the commissioner shall issue a revised prepaid state tax rate for the remainder of the period.'

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SECTION 7. Said title is further amended by striking subsections (b) and (d) of Code Section 48-9-16, relating to penalties, and inserting in their place new subsections (b) and (d), respectively, to read as follows:
'(b) When any distributor fails to pay the tax or any part of the tax due under paragraph (1) of subsection (a) of Code Section 48-9-3 or 48-9-14, he the distributor shall be subject to a penalty of 10 percent of the amount of unpaid taxes due.' '(d) When any distributor fails to pay the tax or any part of the tax due under paragraph (1) of subsection (a) of Code Section 48-9-3 or 48-9-14, he the distributor shall pay interest on the unpaid tax at the rate specified in Code Section 48-2-40 from the time the tax became due until paid.'
SECTION 8. (a) This section and Section 9 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 1 and 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all claims for refunds filed or actions for refunds brought pursuant to Code Section 48-2-35 before, on, or after such effective date. (c) Sections 3, 4, 5, 6, and 7 of this Act shall become effective on January 1, 2004.

SECTION 9. All laws and parts of laws in conflict with this Act are repealed."

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

On the adoption of the substitute, the yeas were 30, 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
Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B

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

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

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

Y Tate Y Thomas,D Y Thomas,N
Thomas,R 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.

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

The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:

The Committee of Conference on HB 122 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 122 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

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 122

A BILL TO BE ENTITLED AN ACT

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3155

To make and provide appropriations for the State Fiscal Year beginning July 1, 2003, and ending June 30, 2004; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2003, and ending June 30, 2004, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves, new revenues, and a revenue estimate of $14,805,858,107 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2004.
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

$ 35,126,970 $ 18,817,159 $ 5,457,157 $ 2,560,476 $ 113,000 $ 3,500 $0 $0 $ 978,000 $ 43,450 $ 7,479 $ 647,989 $ 341,857 $ 79,000 $ 3,575,903 $ 745,000 $ 105,000 $ 1,652,000 $0 $ 35,126,970 $ 35,126,970

3156

JOURNAL OF THE SENATE

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Senate Budget Office Total

Total Funds $ 6,187,082 $ 901,505 $ 1,236,212 $ 620,008 $ 8,944,807

State Funds $ 6,187,082 $ 901,505 $ 1,236,212 $ 620,008 $ 8,944,807

House Functional Budgets
House of Representatives and Research Office Speaker of the House's Office Clerk of the House's Office Total

Total Funds $ 13,320,484 $ 461,858 $ 1,583,487 $ 15,365,829

State Funds $ 13,320,484 $ 461,858 $ 1,583,487 $ 15,365,829

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

Total Funds $ 3,149,534 $ 2,289,716 $ 1,234,180 $ 3,721,638 $ 421,266 $ 10,816,334

State Funds $ 3,149,534 $ 2,289,716 $ 1,234,180 $ 3,721,638 $ 421,266 $ 10,816,334

Functional Budgets 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

FRIDAY, APRIL 25, 2003

3157

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 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

$ 30,885,636 $ 26,224,702 $ 854,100 $ 500,000 $0 $ 115,795 $ 1,105,815 $ 195,000 $0 $ 1,558,000 $ 332,224 $0 $ 30,885,636 $ 30,885,636

Section 3. Judicial Branch. State Funds Personal Services Other Operating Prosecuting Attorney's Council

PART II JUDICIAL BRANCH

$140,115,967 $ 16,604,442 $119,098,326 $ 4,688,731

3158

JOURNAL OF THE SENATE

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 Court of Appeals Superior Court - Judges Superior Court - District Attorneys Council of Juvenile Court Judges 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 $ 8,841,829 $ 11,775,833 $ 48,190,598 $ 45,444,571 $ 1,382,402 $ 1,048,305 $ 16,333,727 $ 250,642 $ 9,539,145 $0 $ 348,186 $ 143,155,238

$ 1,918,814 $ 44,925 $ 800,000 $0 $0 $143,155,238 $140,115,967
State Funds $ 7,521,463 $ 11,685,833 $ 48,190,598 $ 43,900,666 $ 1,382,402 $ 1,048,305 $ 16,248,727 $ 250,642 $ 9,539,145 $0 $ 348,186 $140,115,967

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 Direct Payments to Georgia Building Authority for Capital Outlay Direct Payments to Georgia Building Authority for Operations 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

$ 40,442,515 $ 19,069,568 $ 4,695,850 $ 293,011 $ 20,418 $ 150,582 $ 2,682,284 $ 1,164,046 $ 488,867 $ 736,181 $ 345,435 $0 $ 2,150,000 $ 2,032,156 $ 6,014,012 $ 400,000 $ 33,950 $ 47,045 $ 72,750 $ 37,439

FRIDAY, APRIL 25, 2003

Payments to Georgia Technology Authority 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 $ 32,994,643 $ 13,245,723 $ 3,446,599 $ 3,406,134 $ 1,495,033 $ 1,044,970 $ 648,381 $ 2,660,702 $ 4,615,412 $ (2,038,605) $ 61,518,992

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

$ 2,328,741

Facilities Operations

$ 26,818,500

Property Resources

$ 7,646,451

Internal Operations

$ 1,904,718

3159
$ 23,026,003 $ 98,000 $ (2,038,605) $ 61,518,992 $ 40,442,515
State Funds $ 30,248,665 $ 586,790 $ 3,408,978 $ 400,000 $ 1,460,622 $ 1,032,273 $ 648,381 $ 383,923 $ 4,311,488 $ (2,038,605) $ 40,442,515
$0 $ 16,338,690 $ 6,148,810 $ 14,800 $ 100,000 $ 200,000 $ 307,000 $ 15,071 $ 281,700 $ 657,089 $ 3,173,776 $ 5,808,583 $ 7,839,685 $ 510,229 $ 3,151,435 $ 1,670,244 $ 46,217,112 $0
State Funds $0 $0 $0 $0

3160

JOURNAL OF THE SENATE

Transportation External Operations Total

$ 3,107,888

$0

$ 4,410,814

$0

$ 46,217,112

$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 $ 55,315,263 $ 5,370,000 $ 640,000 $0 $ 185,485 $ 23,290,244 $ 4,117,263 $ 6,000 $ 18,307,086 $ 3,249,000 $0 $ 86,323,000 $ 501,019 $ 1,901,830 $0 $ (712,144) $198,494,046 $0

Section 5. Department of Agriculture. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Travel 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

$ 38,287,994 $ 34,054,296 $ 4,050,488 $ 1,068,708 $0 $ 462,082 $ 664,341 $ 1,198,343 $ 375,509 $ 33,500 $ 1,647,401 $ 566,619 $ 3,551,093
$ 3,210,351 $ 142,000 $ 10,000 $ 425,000

FRIDAY, APRIL 25, 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 $ 8,986,207 $ 15,992,980 $ 7,902,158 $ 6,751,505 $0 $ 11,717,091 $ 802,790 $ (1,214,718) $ 50,938,013

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

3161
$ 653,000 $0 $ 40,000 $0 $ (1,214,718) $ 50,938,013 $ 38,287,994
State Funds $ 7,507,033 $ 12,985,845 $ 4,152,158 $ 6,439,505 $0 $ 8,418,171 $0 $ (1,214,718) $ 38,287,994
$ 10,724,849 $ 9,603,290 $ 269,025 $ 328,557 $0 $ 2,347 $ 170,978 $ 558,976 $ 117,004 $ 10,435 $0 $ (335,763) $ 10,724,849 $ 10,724,849

Section 7. Department of Community Affairs. State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel

$ 70,142,282 $ 65,834,093 $ 23,020,790 $ 1,979,687 $ 611,739

3162

JOURNAL OF THE SENATE

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

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

Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Executive Division

$ 41,094,562

Planning and Environmental Management Division $ 4,354,069

Business and Financial Assistance Division

$ 36,763,197

Housing Finance Division

$ 9,478,438

Finance Division

$ 8,550,145

Administrative and Computer Support Division

$ 2,364,385

Georgia Music Hall of Fame Division

$ 1,300,958

Community Services Division

$ 66,733,271

$0 $ 166,022 $ 1,501,759 $ 964,976 $ 1,439,692 $ 472,316 $ 527,611 $0 $ 1,952,374 $ 40,245,000 $ 152,750 $ 30,000,000 $ 315,000 $ 5,000,000 $ 2,947,155 $0 $0 $ 3,056,375 $ 791,989 $ 2,880,000 $0 $0 $ 314,000 $ 1,250,000 $ 50,000,000 $ 4,956,595 $ 750,000 $ 495,000 $ 200,000 $ (337,566) $175,653,264 $ 65,834,093 $ 70,142,282
State Funds $ 40,842,732 $ 4,126,309 $ 5,112,018 $ 3,416,530 $ 6,898,413 $ 627,475 $ 803,141 $ 3,540,943

FRIDAY, APRIL 25, 2003

3163

Rural Development Division One Georgia Austerity Adjustments Total

$ 5,112,287 $ 239,518 $ (337,566) $ 175,653,264

$ 5,112,287 $ 65,834,093 $ (337,566) $135,976,375

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

$ 873,238

$ 1,613,081,014 $ 53,116,681 $ 33,186,085 $ 8,676,868 $ 388,883 $0 $ 75,136 $ 88,399,168 $ 1,793,945 $ 898,341 $ 1,623,796 $ 450,975,765 $ 4,994,421,585 $ 1,097,500 $ 16,757 $ 183,244 $ 544,826 $ 975,000,000 $ 66,000 $ 375,000 $ 748,000 $ 4,012,890 $ 2,136,719 $ 100,000 $ 3,772,911 $ 19,147,895 $ 8,391,183 $ 438,900 $ 460,013 $ 116,400 $ (2,495,946) $ 6,594,551,864 $ 53,116,681 $ 1,613,081,014
State Funds $ 551,500

3164

JOURNAL OF THE SENATE

Community Affairs Medicaid Benefits, Penalties and Disallowances 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

$ 361,222 $ 4,994,421,585 $ 109,900,223 $ 3,829,906 $ 99,075,191 $ 7,806,019 $ 6,156,569 $ 6,266,601 $ 3,612,150 $ 509,056 $ 352,205 $ 3,018,082 $ 342,991,665 $ 975,000,000 $ 39,073,324 $ 1,419,696 $ 2,381,078 $ (2,495,946) $ 6,594,551,864

B. Budget Unit: State Funds - Indigent Trust Fund Per Diem and Fees Contracts Benefits Payments to Nursing Homes
Total Funds Budgeted Other Funds Federal Funds State Funds 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

$ 180,611 $ 1,547,564,603 $ 11,087,186 $ 1,913,309 $ 16,253,504 $ 3,740,402 $ 2,285,490 $ 2,733,587 $ 2,264,198 $ 289,837 $ 334,231 $ 2,621,085 $ 34,000,000 $0 $ 39,073,324 $ 1,419,696 $ 2,381,078 $ (2,495,946) $ 1,666,197,695
$ 89,314,880 $0 $ 8,200,000 $360,067,504 $220,967,046 $589,234,550 $148,828,880 $351,090,790 $ 89,314,880
$ 58,757,746 $ 4,970,705 $ 368,353 $ 165,254 $ 45,000 $0 $ 1,155 $ 205,000 $0 $ 11,675 $0 $ 8,324,205 $214,228,360

FRIDAY, APRIL 25, 2003

Austerity Adjustments

Total Funds Budgeted Tobacco Funds Budgeted State Funds Budgeted

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

Total Funds $ 32,003,707 $ 19,440,894 $ 8,796,871 $ 90,277,985 $ 662,467,004

3165
$ (74,401) $223,274,601 $ 4,970,705 $ 58,757,746
$916,224,430 $569,634,370 $ 67,422,128 $ 2,154,172 $ 1,809,244 $ 3,900,688 $ 5,709,284 $ 8,030,922 $ 7,585,993 $ 42,637 $ 79,546,465 $0 $ 27,488,923 $ 1,300,000 $ 37,726,400 $ 6,450,000 $0 $ 1,093,624 $ 4,268,025 $ 1,627,150 $ 577,160 $ 1,450,000 $129,217,257 $ 449,944 $ 856,000 $(15,656,152) $ 942,684,234 $ 450,000 $ 916,224,430
State Funds $ 31,553,707 $ 19,440,894 $ 8,796,871 $ 86,771,897 $ 648,427,497

3166

JOURNAL OF THE SENATE

Programs Austerity Adjustments Total

$ 145,353,925 $ (15,656,152) $ 942,684,234

$ 136,889,716 $ (15,656,152) $ 916,224,430

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

Total Funds $ 2,717,218 $ 7,795,834 $ 34,620,384 $ (256,705) $ 44,876,731

$ 8,098,333 $ 18,043,682 $ 23,899,107 $ 90,875 $0 $ 52,800 $ 68,625 $ 43,211 $ 1,002,311 $ 1,341,895 $ 244,000 $ 337,000 $ 9,930 $ (256,705) $ 44,876,731 $ 8,098,333
State Funds $ 2,477,435 $ 985,832 $ 4,891,771 $ (256,705) $ 8,098,333

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

$ 5,928,385,536 $0
$ 42,732,485 $ 5,905,966 $ 1,181,108 $0 $ 345,590 $ 1,135,404 $ 3,197,079 $ 45,740,759 $ 9,883,892 $ 917,470

FRIDAY, APRIL 25, 2003

3167

Utilities

$ 772,896

Capital Outlay

$ 30,569,700

QBE Formula Grants:

Kindergarten/Grades 1 - 3

$ 1,693,656,941

Grades 4 - 8

$ 1,558,335,891

Grades 9 - 12

$ 748,004,010

Limited English-Speaking Students Program

$ 66,740,638

Alternative Programs

$ 69,289,416

Vocational Education Laboratories

$ 196,506,716

Special Education

$ 761,520,976

Gifted

$ 176,850,170

Remedial Education

$ 23,587,944

Additional Instruction

$ 46,621,410

Staff Development and Professional Development

$ 30,517,972

Media

$ 147,220,233

Indirect Cost

$ 905,991,469

Pupil Transportation

$ 164,772,246

Local Five Mill Share

$ (1,207,536,528)

Mid-Term Adjustment Reserve

$0

Teacher Salary Schedule Adjustment

$0

Other Categorical Grants:

Equalization Formula

$ 284,920,487

Sparsity Grants

$ 6,352,443

Special Education Low - Incidence Grants

$ 826,722

Non-QBE Grants:

Next Generation School Grants

$ 385,000

Youth Apprenticeship Grants

$ 4,209,800

High School Program - Agriculture Ed

$ 7,476,760

High School Program - Tech/Career Ed

$ 49,172,941

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

$ 1,790,940

PSAT

$ 733,805

School Lunch (Federal)

$ 188,375,722

Joint Evening Programs

$ 200,500

Education of Homeless Children/Youth

$ 1,546,542

Pay for Performance

$ 6,000,000

Pre-School Handicapped Program

$ 22,691,157

3168

JOURNAL OF THE SENATE

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 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 and Math 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

$ 1,212,500 $0 $ 1,608,000 $ 150,000 $ 10,567,629 $ 37,934,355 $ 7,308,679 $ 639,390 $ 9,389,202 $0 $ 107,826,070 $0 $0 $ 274,395 $ 11,634,769 $ 68,268,298 $ 4,986,505 $ 3,918,448 $ 1,188,000 $ 8,478,748 $ 250,000 $ 4,774,779 $0 $ 5,787,990 $0 $ 30,000,000 $ 77,407,508 $ 9,365,926 $ 3,952,556 $ 11,636,228 $ 1,465,273 $0 $ 12,000 $ 3,778,918 $ 8,626,018 $ 2,000,255 $ 72,520,695 $ 17,764,034 $ 6,786,358 $ 8,691,764 $ 6,941,585 $ (156,764,424) $ (13,304,151)

FRIDAY, APRIL 25, 2003

3169

Total Funds Budgeted

Indirect DOAS Services Funding

Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

State Superintendant

$0

Policy and External Affairs

$ 13,633,714

Curriculum and Instruction

$ 25,082,291

Governor's Honors Program

$ 1,472,108

Finance and Business Operations

$ 8,760,908

Teacher and Student Support

$ 11,209,797

Information Technology

$ 21,884,563

Local Programs

$ 6,919,305,822

Student Achievement

$0

Georgia Academy for the Blind

$ 6,203,856

Georgia School for the Deaf

$ 5,995,408

Atlanta Area School for the Deaf

$ 6,910,678

Austerity Adjustments

$ (13,304,151)

Total

$ 7,007,154,994

$ 7,007,154,994 $0 $0 $ 5,928,385,536
State Funds $0 $ 11,604,119 $ 6,679,156 $ 1,394,519 $ 3,287,441 $ 252,617 $ 16,406,228 $ 5,883,983,915 $0 $ 5,940,338 $ 5,568,937 $ 6,572,417 $ (13,304,151) $ 5,928,385,536

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

$ 1,249,832 $243,448,970 $ 1,981,565 $ 5,059,478 $ 1,185,283 $ 36,500

3170

JOURNAL OF THE SENATE

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 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

$ 50,000 $0 $0 $0 $ 5,000 $0 $ 3,000 $ 10,351 $0 $0 $ 75,495,529 $ 667,000 $ (40,302) $327,902,374 $250,490,013 $ 1,249,832
$ 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
$ 34,370,497 $ 30,998,370 $ 5,956,344 $ 140,671 $ 1,042,852 $ 1,902,651 $ 357,000 $ 11,518

FRIDAY, APRIL 25, 2003

Telecommunications Per Diem and Fees Contracts Ware County Grant Ware County Grant for Southern Forest World 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 $ 2,035,204 $ 35,647,461 $ 4,063,772 $ (1,119,818) $ 40,626,619

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

Total Funds $ 6,216,937 $ 27,515,604 $ 10,824,976 $ 18,676,306 $ 31,330,545

3171
$ 723,271 $ 9,500 $ 544,260 $ 60,000 $0 $0 $ (1,119,818) $ 40,626,619 $ 34,370,497
State Funds $ 3,348 $ 31,591,350 $ 3,895,617 $ (1,119,818) $ 34,370,497
$ 61,590,913 $ 49,882,670 $ 6,398,926 $ 574,400 $ 594,397 $ 584,424 $ 592,820 $ 565,044 $ 1,272,718 $ 2,231,277 $ 2,275,654 $ 308,667 $0 $ 1,500,000 $ 27,783,371 $ (1,994,622) $ 92,569,746 $ 61,590,913
State Funds $ 6,216,937 $ 27,515,604 $ 10,824,976 $ 18,676,306 $ 351,712

3172

JOURNAL OF THE SENATE

Austerity Adjustments Total

$ (1,994,622) $ 92,569,746

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 Grants to Local Systems Grants - Local EMA Grants - Other Grants - Civil Air Patrol Registrations Troops to Teachers 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

Total Funds $ 9,396,320 $ 1,170,989 $ 9,992,969 $ 5,011,216 $ 4,194,093 $ 719,483 $0 $ 7,864,475 $ 6,786,694

$ (1,994,622) $ 61,590,913
$ 41,780,531 $ 22,255,887 $ 1,541,296 $ 378,070 $0 $ 76,539 $ 453,017 $ 1,333,123 $ 564,292 $ 1,583,571 $ 6,348,619 $ 5,406,950 $ 40,000 $ 3,861,681 $ 358,595 $ 3,786,988 $ 274,194 $ 172,460 $0 $ 40,000 $ 1,085,000 $0 $ 57,000 $0 $ 111,930 $ (1,401,800) $ 48,327,412 $ 41,780,531
State Funds $ 9,396,320 $ 783,772 $ 9,992,969 $ 4,347,123 $ 3,626,404 $ 719,483 $0 $ 7,752,545 $ 2,236,742

FRIDAY, APRIL 25, 2003

3173

Education Accountability Office of the Inspector General Office of Homeland Security Total

$ 1,503,834 $ 956,269 $ 731,070 $ 48,327,412

$ 1,237,834 $ 956,269 $ 731,070 $ 41,780,531

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 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 DFACS - 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

$ 1,377,162,351 $ 44,423,392 $ 2,000,000
$ 106,349,514 $ 5,561,952 $ 2,590,041 $0 $ 461,311 $ 8,811,354 $ 4,678,368 $ 35,473,791 $ 57,334,409 $ 16,090,227 $ 125,000 $0 $ 89,424,455 $ 163,451 $ 2,095,936 $ 33,961,019 $0 $ 1,850,000 $ (2,549,730) $ 362,421,098 $0 $ 8,278,248 $ 2,000,000 $ 166,343,216

Commissioner's Office Office of Planning and Budget Services Office of Adoptions Children's Community Based Initiative Human Resources and Organization Development Computer Services

Total Funds $ 1,204,221 $ 4,185,192 $ 9,295,678 $ 10,411,174 $ 1,252,950 $ 71,792,329

State Funds $ 1,204,221 $ 4,156,675 $ 5,798,814 $ 10,136,174 $ 1,252,950 $ 34,029,657

3174

JOURNAL OF THE SENATE

Technology and Support

$ 17,023,608

Facilities Management

$ 6,668,912

Regulatory Services - Program Direction and Support $ 976,426

Child Care Licensing

$ 3,764,931

Health Care Facilities Regulation

$ 12,109,994

Office of Investigation

$ 6,694,095

Office of Financial Services

$ 9,864,025

Office of Audits

$ 2,511,623

Human Resource Management

$ 6,668,108

Transportation Services

$ 20,049,247

Office of Facilities and Support Services

$ 5,590,389

Indirect Cost

$0

Policy and Government Services

$ 1,109,887

Aging Services

$ 97,905,568

DDSA Council

$ 1,607,263

Brain and Spinal Trust Fund Benefits

$ 2,000,000

Office of Child Support Enforcement

$ 72,285,208

Austerity Adjustments

$ (2,549,730)

Total

$ 362,421,098

$ 13,352,081 $ 5,368,879 $ 701,913 $ 3,662,062 $ 5,779,329 $ 1,911,675 $ 5,474,315 $ 2,511,623 $ 6,668,108 $ 2,880,864 $ 5,590,389 $ (16,360,889) $ 1,109,887 $ 64,900,068 $ 29,767 $ 2,000,000 $ 17,012,632 $ (2,549,730) $ 176,621,464

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

$ 56,842,123 $ 77,472,557 $ 885,429 $0 $ 195,367 $ 1,509,862 $ 1,053,033 $ 9,484,433 $0 $ 1,032,038 $ 308,000 $ 28,373,851 $ 158,111,029 $ 196,235 $ 6,138,072 $ (2,079,597) $ 339,522,432 $0 $ 22,548,788 $ 168,286,635

FRIDAY, APRIL 25, 2003

3175

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 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

Total Funds $ 13,446,694 $ 5,392,983 $ 2,903,473 $ 2,195,951 $ 6,740,555 $ 5,385,227 $ 3,285,095 $ 11,820,479 $ 85,325,463 $ 71,338,625 $ 13,153,079 $ 3,651,641 $ 593,232 $ 4,112,209 $ 1,702,964 $ 5,909,784 $ 2,272,913 $ 822,516 $ 2,827,080 $ 1,639,391 $0 $ 8,150,968 $ 3,061,205 $ 2,264,558 $ 856,370 $ 2,140,668 $ 8,124,485 $ 294,270 $ 22,043,507 $ 12,152,398 $ 12,595,466 $ 78,467 $ 13,074,928 $ 455,988 $ 11,789,397 $0 $ (2,079,597) $ 339,522,432

State Funds $ 13,289,126 $ 2,415,625 $ 2,578,298 $ 985,089 $ 5,973,736 $ 5,385,227 $ 1,009,508 $ 4,850,000 $0 $ 70,352,074 $ 6,323,767 $ 2,208,293 $ 477,088 $ 3,702,969 $0 $ 4,310,823 $ 1,416,761 $ 600,655 $ 1,159,521 $ 1,639,391 $0 $ 8,150,968 $ 2,783,139 $ 1,983,776 $ 856,370 $ 1,609,193 $ 7,854,485 $ 294,270 $ 15,181,790 $ 4,079,320 $ 2,900,905 $ 60,970 $ 10,373,402 $ 343,983 $ 11,789,397 $ (4,024,899) $ (2,079,597) $190,835,423

$ 14,008,434 $ 3,411,532

3176

JOURNAL OF THE SENATE

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 DFACS - Operations

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Services Funding

Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Director's Office

$ 981,512

Social Services

$ 7,285,693

Fiscal Management

$ 4,617,351

Quality Assurance

$ 3,734,855

Community Services

$ 14,160,081

Field Management

$ 2,856,460

Professional Development

$ 5,439,027

Economic Support

$ 3,032,456

Child Care and Parent Services

$ 419,493

Temporary Assistance for Needy Families

$ 114,134,948

SSI - Supplemental Benefits

$0

Refugee Programs

$ 2,795,420

Energy Benefits

$ 7,223,130

County DFACS Operations - Eligibility

$ 115,779,917

County DFACS Operations - Social Services

$ 149,134,156

Food Stamp Issuance

$ 3,190,752

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

County DFACS Operations - Joint and Administration $ 91,682,193

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

Employability Benefits

$ 43,105,900

Legal Services

$ 6,546,322

$ 1,214,903 $0 $ 237,019 $ 492,702 $ 6,981,954 $ 8,877,713 $0 $ 671,185 $ 7,630,688 $ 123,303,498 $ 7,287,714 $ 461,211,917 $ 31,112,611 $ 2,401,505 $ 390,165,760 $ (6,150,579) $ 1,052,858,556 $0 $ 3,341,218 $ 446,116,385
State Funds $ 981,512 $ 6,096,222 $ 2,631,522 $ 3,734,855 $ 1,939,005 $ 2,856,460 $ 3,445,326 $ 3,032,456 $ 419,493 $ 54,109,878 $0 $0 $0 $ 50,824,099 $ 65,041,887 $0 $0 $ 44,199,241 $ 10,571,448 $ 10,743,985 $ 2,670,531

FRIDAY, APRIL 25, 2003

3177

Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Troubled Children Child Day Care Special Projects Children's Trust Fund Indirect Cost Austerity Adjustments Total

$ 70,122,403 $ 51,134,630 $ 12,631,268 $ 44,855,747 $ 15,744,598 $ 61,262,815 $ 181,125,622 $ 4,112,204 $ 7,630,688 $0 $ (6,150,579) $ 1,052,858,556

$ 39,387,938 $ 29,524,448 $ 7,202,296 $ 25,591,338 $ 2,069,048 $ 33,074,436 $ 56,741,937 $ 4,072,204 $ 7,630,688 $ (12,984,071) $ (6,150,579) $ 449,457,603

4. Community Mental Health/Mental Retardation and Institutions:

Personal Services

$ 300,118,993

Operating Expenses

$ 60,178,011

Motor Vehicle Equipment Purchases

$ 200,000

Utilities

$ 9,483,000

Major Maintenance and Construction

$ 1,991,161

Community Services

$ 482,538,669

Austerity Adjustments

$ (7,464,175)

Total Funds Budgeted

$ 847,045,659

Indirect DOAS Services Funding

$0

Tobacco Funds Budgeted

$ 10,255,138

State Funds Budgeted

$ 596,416,115

Departmental Functional Budgets

Total Funds State Funds

Southwestern State Hospital

$ 31,232,729 $ 17,662,805

Augusta Regional Hospital

$ 21,492,944 $ 15,579,351

Northwest Regional Hospital at Rome

$ 34,143,826 $ 23,564,018

Georgia Regional Hospital at Atlanta

$ 41,114,810 $ 29,998,846

Central State Hospital

$ 118,950,725 $ 69,112,257

Georgia Regional Hospital at Savannah

$ 21,620,318 $ 17,164,811

Gracewood State School and Hospital

$ 48,257,780 $ 19,670,579

West Central Regional Hospital

$ 23,937,314 $ 19,070,649

Outdoor Therapeutic Programs

$ 4,259,012 $ 3,318,322

Community Mental Health Services

$ 212,646,267 $ 199,949,315

Community Mental Retardation Services

$ 171,442,463 $ 137,207,824

Community Substance Abuse Services

$ 101,045,741 $ 47,853,730

Program Direction and Support

$ 15,031,161 $ 8,680,477

Regional Offices

$ 9,334,744 $ 5,302,444

Austerity Adjustments

$ (7,464,175) $ (7,464,175)

Total

$ 847,045,659 $ 606,671,253

3178

JOURNAL OF THE SENATE

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 Grant-In-Aid to Counties Major Maintenance and Construction Utilities Postage Payments to DCH-Medicaid Benefits Grants to County DFACS - 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

$ 477,319,064 $ 86,446,041 $ 4,690,373 $ 200,000 $ 893,697 $ 10,813,918 $ 12,713,355 $ 53,835,937 $ 57,334,409 $ 17,793,450 $ 60,178,011 $ 482,538,669 $0 $ 7,630,688 $ 123,303,498 $ 7,720,714 $ 461,211,917 $ 148,910,917 $ 158,111,029 $ 2,154,612 $ 9,483,000 $ 4,693,676 $ 33,961,019 $ 390,165,760 $ 6,138,072 $ 1,850,000 $ (18,244,081) $ 2,601,847,745 $ 2,000,000 $ 44,423,392 $ $ 1,377,162,351
$ 46,472,976 $0 $ 12,816,010 $ 1,211,202 $ 608,806 $ 20,000 $ 62,597 $ 391,336

FRIDAY, APRIL 25, 2003

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

Total Funds

Administration

$ 31,792,416

Economic Development

$ 7,323,976

Trade

$ 3,040,783

Tourism

$ 4,671,669

Film

$ 625,492

Austerity Adjustments

$ (981,360)

Total

$ 46,472,976

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

3179
$ 829,284 $ 416,120 $ 44,200 $ 1,279,286 $ 250,600 $ 9,474,895 $ 20,000,000 $0 $ 50,000 $0 $0 $0 $0 $ (981,360) $ 46,472,976 $0 $ 46,472,976
State Funds $ 31,792,416 $ 7,323,976 $ 3,040,783 $ 4,671,669 $ 625,492 $ (981,360) $ 46,472,976
$ 16,848,729 $ 15,876,925 $ 702,947 $ 433,030 $ 80,176 $ 20,000 $ 223,000 $ 595,196 $ 353,700 $ 86,042 $0 $0 $ (485,787) $ 17,885,229 $ 16,848,729

3180

JOURNAL OF THE SENATE

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 $ 5,266,572 $ 6,507,360 $ 510,639 $ 5,512,592 $ 573,853 $ (485,787) $ 17,885,229

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

Total Funds $ 83,873,017 $ 76,459,089 $ 28,570,085 $ 34,234,826 $ 574,122 $ 1,862,149 $ 48,294,883

State Funds $ 5,266,572 $ 6,507,360 $ 510,639 $ 4,476,092 $ 573,853 $ (485,787) $ 16,848,729
$281,917,761 $176,637,623 $ 15,179,710 $ 2,147,151 $ 214,143 $ 705,389 $ 3,396,702 $ 3,129,050 $ 2,237,765 $ 5,253,603 $ 4,519,873 $ 3,409,031 $ 400,000 $0 $ 86,013,372 $0 $0 $0 $ 200,000 $ 1,687,100 $ (5,035,644) $300,094,868 $281,917,761
State Funds $ 82,369,057 $ 74,211,670 $ 27,666,278 $ 29,730,019 $ 574,122 $ 1,862,149 $ 41,298,367

FRIDAY, APRIL 25, 2003

Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Office of Training Children and Youth Coordinating Council Austerity Adjustments Total

$ 1,386,914 $ 997,623 $ 4,208,519 $ 18,641,795 $ 3,264,062 $ 2,763,428 $ (5,035,644) $ 300,094,868

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

3181
$ 1,386,914 $ 997,623 $ 4,118,519 $ 18,621,197 $ 3,264,062 $ 853,428 $ (5,035,644) $281,917,761
$ 16,088,153 $ 89,769,596 $ 7,405,831 $ 1,481,527 $ 34,858 $ 566,309 $ 2,710,148 $ 2,830,503 $ 1,910,832 $ 54,500,000 $ 2,778,378 $ 1,513,287 $0 $ 1,287,478 $0 $ (830,637) $165,958,110 $ 16,088,153
$ 28,229,008 $ 92,602,470 $ 13,928,245 $ 2,003,747 $ 39,095 $ 1,081,290 $ 6,022,313 $ 7,177,826 $ 4,462,857 $ 2,573,235 $ 2,953,221 $ 41,304,191 $ 1,102,688 $ 12,850,953

3182

JOURNAL OF THE SENATE

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

$ 86,063,158

Business Enterprise Program

$ 1,661,454

Administration

$ 3,981,592

Disability Adjudication

$ 55,297,080

Georgia Industries for the Blind

$ 11,821,908

Roosevelt Warm Springs Institute

$ 29,531,939

Austerity Adjustments

$ (575,671)

Total

$ 187,781,460

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

$0 $0 $0 $ 255,000 $ (575,671) $187,781,460 $ 150,000 $ 28,229,008
State Funds $ 18,324,975 $ 358,326 $ 2,503,946 $0 $ 722,533 $ 6,894,899 $ (575,671) $ 28,229,008
$ 14,630,690 $ 15,086,275 $ 705,564 $ 181,781 $0 $0 $ 299,269 $ 831,689 $ 180,913 $ 19,414,422 $0 $ 197,158 $0 $ (470,793) $ 36,426,278 $ 14,630,690
$0 $ 8,691,366 $ 1,073,018 $ 83,213 $0

FRIDAY, APRIL 25, 2003

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

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

Department of Transportation Permit Funds

Indirect DOAS Funding

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Administration

$ 33,507,404

Operations

$ 43,664,453

Enforcement

$ 15,947,472

Austerity Adjustments

$ (2,786,634)

3183
$ 696,904 $ 285,350 $ 874,311 $ 1,774,772 $ 173,863 $ 1,920,859 $ 15,573,656 $0 $ 1,573,733 $ 13,071,947 $ 927,976 $0
$ 78,678,802 $ 59,832,536 $ 7,837,254 $ 464,062 $ 332,206 $ 345,335 $ 12,461,537 $ 2,730,422 $ 2,827,707 $ 411,198 $ 1,318,987 $0 $0 $0 $ 348,651 $ 3,459,434 $ 750,000 $0 $ (2,786,634) $ 90,332,695 $ 7,196,898 $ 1,960,000 $ 78,678,802
State Funds $ 28,220,819 $ 43,664,453 $ 9,580,164 $ (2,786,634)

3184

JOURNAL OF THE SENATE

Total

$ 90,332,695

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 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

$ 78,678,802
$109,243,324 $ 89,400,334 $ 15,409,186 $ 813,926 $ 66,513 $ 1,771,816 $ 3,279,042 $ 1,268,551 $ 7,506,234 $ 734,140 $ 1,364,709 $0 $ 689,910 $ 1,333,300
$ 860,176 $ 4,560,913 $ 982,330 $ 500,000
$ 800,000 $ 341,000 $0
$ 100,000 $ 58,938 $ 3,595,077 $0 $0 $ 1,746,900 $ 480,185 $ 100,000 $ 31,000 $ 24,000 $ 989,294 $ 10,000,000 $ (3,049,193) $145,758,281 $ 940,190 $0

FRIDAY, APRIL 25, 2003

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

$ 15,174,411

Program Support

$ 7,457,153

Historic Preservation

$ 2,747,938

Parks, Recreation and Historic Sites

$ 41,213,417

Coastal Resources

$ 2,565,718

Wildlife Resources

$ 36,638,073

Environmental Protection

$ 42,549,907

Pollution Prevention Assistance

$ 460,857

Austerity Adjustments

$ (3,049,193)

Total

$ 145,758,281

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

C. Budget Unit: State Funds - Georgia Agrirama Development Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

3185
$ 1,331,931 $ 1,434,982 $ 200,000 $109,243,324
State Funds $ 15,127,145 $ 7,457,153 $ 2,257,938 $ 21,171,628 $ 2,394,856 $ 31,181,102 $ 32,345,751 $ 356,944 $ (3,049,193) $109,243,324
$0 $ 3,244,069 $ 2,349,303 $ 10,000 $0 $ 36,796 $ 20,000 $0 $ 80,000 $ 89,167 $ 754,000 $0 $ (38,988) $ 6,544,347 $0
$0 $ 1,285,579 $ 251,385 $ 5,792 $0 $ 7,000 $ 5,792 $0

3186

JOURNAL OF THE SENATE

Telecommunications Per Diem and Fees Contracts Capital Outlay Goods for Resale Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

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

$ 12,000 $ 500 $ 68,768 $ 152,750 $ 120,000 $ (20,250) $ 1,889,316 $0
$ 47,497,086 $ 40,355,211 $ 1,433,825 $ 431,800 $0 $ 291,500 $ 591,200 $ 2,994,792 $ 1,002,721 $ 523,304 $ 740,679 $ 617,500 $ 20,000 $ (1,505,446) $ 47,497,086 $ 47,497,086
$ 77,549,002
$ 69,334,823 $ 8,096,879 $ 76,895 $ 2,876,986 $ 355,290 $ 784,000 $ 100,695 $ 1,854,009 $ 315,122 $ 389,333 $ 566,237 $0 $0

FRIDAY, APRIL 25, 2003

Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Service Funding

State Funds Budgeted

Departmental Functional Budgets

Total Funds

Administration

$ 17,703,406

Field Operations

$ 63,895,428

Capitol Police

$ 3,151,435

Austerity Adjustments

$ (2,581,582)

Total

$ 82,168,687

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

$ 3,808,242

Georgia Peace Officers Standards and Training

$ 1,407,010

Police Academy

$ 1,210,974

Fire Academy

$ 1,160,102

Georgia Firefighters Standards and Training Council $ 467,533

Georgia Public Safety Training Facility

$ 11,372,147

Total

$ 19,426,008

Section 27. Public School Employees' Retirement System. State Funds

3187
$ (2,581,582) $ 82,168,687 $ 990,000 $ 77,549,002
State Funds $ 16,385,156 $ 63,745,428 $0 $ (2,581,582) $ 77,549,002
$ 14,608,444
$ 11,067,599 $ 2,774,355 $ 129,508 $0 $ 174,449 $ 309,058 $ 338,657 $ 327,391 $ 245,518 $ 59,800 $ 2,525,200 $ 1,947,738 $0 $ (473,265) $ 19,426,008 $ 14,608,444
State Funds $ 563,015 $ 1,407,010 $ 1,112,401 $ 1,047,239 $ 467,533 $ 10,011,246 $ 14,608,444
$ 11,220,726

3188

JOURNAL OF THE SENATE

Payments to Employees' Retirement System Employer Contributions
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
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

$ 587,500 $ 10,633,226 $ 11,220,726 $ 11,220,726
$ 9,027,853 $ 6,771,487 $ 250,711 $ 111,876 $ 44,427 $ 15,300 $ 208,791 $ 507,922 $ 117,773 $ 628,262 $ 920,000 $ (275,385) $ 9,301,164 $ 9,027,853
$ 1,462,923,912 $ 6,585,889
$ 1,765,376,132 $ 424,223,505
$ 466,691,404 $ 854,188,741 $ 32,963,542 $ 1,138,340 $ 345,833 $ 1,011,627 $ 29,490,997 $ 123,584,731 $ (30,383,852) $ 3,668,631,000 $ 132,081,672 $ 1,278,412,246 $ 785,552,781 $ 3,039,500 $ 35,000

FRIDAY, APRIL 25, 2003

3189

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

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

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

$ 78,236,230

$ 6,585,889 $ 1,462,923,912
$ 205,346,796 $0
$ 132,973,578 $ 70,959,391
$ 53,997,362 $ 41,101,657 $ 2,811,580
$ 23,067,667 $0 $0 $ 7,790,087 $ 874,601 $ 565,155 $ 1,831,602
$ 18,157,376 $ 30,951,441 $0 $ 35,104,249 $ (6,365,861) $ 413,819,885 $ 8,610,113 $ 124,936,276 $ 74,383,200 $ 543,500 $0 $ 205,346,796
State Funds $ 1,649,446 $ 1,810,419 $ 1,061,238 $ 9,838,961
$ 9,944,392 $ 45,794,968

3190

JOURNAL OF THE SENATE

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 State Data Center Austerity Adjustments Total

$ 61,798,630 $ 193,500 $ 3,675,319 $ 7,242,199 $ 3,625,810 $ 4,653,970 $ 63,434,695 $ 39,486,733 $ 335,598 $ (6,365,861) $ 413,819,885

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

$ 38,704,493 $0 $ 3,675,319 $ 542,199 $0 $0 $ 63,327,846 $ 35,177,778 $ 185,598 $ (6,365,861) $205,346,796
$0 $ 14,618,782 $ 15,495,157 $ 4,070,278 $ 2,784,685 $ (587,235) $ 36,381,667 $ 36,381,667 $0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0

Section 30. Department of Revenue. State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel

$467,535,837 $ 150,000 $ 60,497,888 $ 4,781,453 $ 1,037,071

FRIDAY, APRIL 25, 2003

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

Departmental Administration

$ 36,612,595

Internal Administration

$ 7,928,569

Information Systems

$ 17,080,172

Compliance Division

$ 27,653,937

Income Tax Unit

$ 7,372,184

Property Tax Unit

$ 384,779,903

Sales Tax Unit

$ 5,568,130

State Board of Equalization

$ 5,000

Taxpayer Accounting

$ 6,724,798

Alcohol and Tobacco

$ 3,214,484

Austerity Adjustments

$ (2,819,070)

Total

$ 494,120,702

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

3191
$ 49,980 $ 150,384 $ 14,937,905 $ 7,068,736 $ 2,055,830 $ 606,992 $ 1,223,613 $ 4,272,795 $0 $ 2,471,575 $ 17,785,550 $380,000,000 $ (2,819,070) $494,120,702 $ 2,545,000 $ 150,000 $467,535,837
State Funds $ 18,827,045 $ 7,928,569 $ 15,825,172 $ 23,748,174 $ 7,372,184 $382,669,768 $ 5,545,487 $ 5,000 $ 5,524,798 $ 2,908,710 $ (2,819,070) $467,535,837
$ 32,121,009 $ 19,077,082 $ 4,046,611 $ 409,621 $ 72,492 $ 65,019 $ 3,625,334 $ 4,465,616 $ 973,998 $ 174,376

3192

JOURNAL OF THE SENATE

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 $ 5,768,822 $ 6,527,296 $ 442,724 $ 1,841,999 $ 1,957,238 $ 6,109,192 $ 1,372,869 $ 796,608 $ 9,193,488 $ 275,743 $ (1,049,580) $ 33,236,399

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

Real Estate Commission Austerity Adjustments Total

Total Funds $ 2,390,022 $ (69,098) $ 2,390,022

$ 986,495 $ 389,335 $0 $ (1,049,580) $ 33,236,399 $ 32,121,009
State Funds $ 5,718,822 $ 6,452,296 $ 411,684 $ 1,102,649 $ 1,907,238 $ 6,089,192 $ 1,372,869 $ 796,608 $ 9,043,488 $ 275,743 $ (1,049,580) $ 32,121,009
$ 2,390,022 $ 1,572,130 $ 145,000 $ 47,000 $0 $ 12,500 $ 213,935 $ 179,512 $ 79,043 $ 160,000 $ 50,000 $ (69,098) $ 2,390,022 $ 2,390,022
State Funds $ 2,390,022 $ (69,098) $ 2,390,022

FRIDAY, APRIL 25, 2003
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 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

3193
$ 3,274,664 $ 1,662,255 $ 202,070 $ 36,069 $0 $ 23,184 $ 13,478 $ 106,341 $ 37,845 $ 139,438 $ 1,762,714 $0 $ (68,325) $ 3,915,069 $ 3,274,664
$ 38,337,766 $ 557,222 $ 20,140 $ 13,000 $0 $ 6,300 $ 12,000 $ 49,615 $ 9,496 $ 11,560 $ 32,118 $ 3,990,211 $ 30,044,521 $ 66,313 $ 467,545 $ 22,427 $0 $ 505,584 $ 1,503,953 $ 2,735,297 $ (1,188,883) $ 38,858,419 $ 38,337,766

3194

JOURNAL OF THE SENATE

Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education
Commission Austerity Adjustments Total

Total Funds $ 39,335,851
$ 711,451 $ (1,188,883) $ 38,858,419

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

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

State Funds $ 38,815,198
$ 711,451 $ (1,188,883) $ 38,337,766
$441,305,643 $261,267,431 $ 55,896,225 $ 60,501,057 $0 $ 45,086,180 $ 770,477 $ 255,850 $ 5,332,698 $ 5,855,278 $ 559,090 $ 760,000 $ 1,992,161 $ 3,029,196 $441,305,643 $441,305,643
$ 2,489,000 $ 11,034,137 $ 629,344 $ 26,500 $0 $ 35,000 $ 8,010,375 $ 673,770 $ 330,000 $ 737,700 $0 $0 $ 2,390,000 $ 99,000 $ 23,965,826 $ 2,489,000

FRIDAY, APRIL 25, 2003

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

Administration

$ 8,411,154

Institutional Programs

$ 386,969,846

Austerity Adjustments

$ (5,862,316)

Total

$ 389,518,684

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

3195
$313,771,567 $ 6,232,311 $ 374,330 $ 125,510 $0 $ 48,359 $ 586,463 $ 144,671 $ 169,110 $ 614,420 $ 115,980 $0 $273,818,139 $ 64,167,781 $ 6,398,577 $ 20,007,602 $ 3,621,510 $ 18,956,237 $ (5,862,316) $389,518,684 $313,771,567
State Funds $ 8,411,154 $311,222,729 $ (5,862,316) $313,771,567
$0 $0 $0 $0 $0 $0 $0 $0

Section 36. Department of Transportation. State Funds Personal Services

$688,508,938 $ 262,046,283

3196

JOURNAL OF THE SENATE

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

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

Total Funds $ 1,354,175,304 $ 232,962,680 $ 17,132,944 $ 27,312,248 $ 1,631,583,176

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 $ 2,958,393 $ 23,729,195 $ 710,855 $ (526,279) $ 26,872,164

$ 69,870,763 $ 2,102,945 $ 1,927,750 $ 6,422,328 $ 8,200,173 $ 1,830,782 $ 4,924,470 $ 160,094,628 $ 26,513,414 $ 1,039,490,079 $ 3,943,629 $ 17,332,915
$ 710,855 $0 $ 400,000 $ 53,170,605 $ (526,279) $ 1,658,455,340 $ 688,508,938
State Funds $ 403,735,017 $ 228,378,541 $ 16,632,944 $ 26,408,498 $ 675,155,000
$0 $0 $0 $ 2,300,598 $ 10,868,764 $ 710,855 $ (526,279) $ 13,353,938

Section 37. Department of Veterans Service. State Funds Personal Services

$ 22,630,531 $ 6,026,769

FRIDAY, APRIL 25, 2003

3197

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

$ 25,448,762

Veterans Nursing Home-Augusta

$ 7,914,454

Total

$ 33,363,216

$ 427,797 $ 136,200 $0 $ 105,822 $ 6,999 $ 221,889 $ 85,516 $ 24,500 $ 18,218,875 $ 7,914,454 $0 $0 $ 194,395 $ 33,363,216 $ 22,630,531
State Funds $ 17,696,669 $ 4,933,862 $ 22,630,531

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

$ 16,646,671 $ 10,015,026 $ 470,115 $ 140,600 $0 $ 44,048 $ 3,261,976 $ 1,296,009 $ 176,744 $ 183,100 $ 1,423,053 $0 $ 17,010,671 $ 16,646,671

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)

$ 676,850,154

Motor Fuel Tax Funds (Issued)

$ 51,000,000

$ 727,850,154

3198

JOURNAL OF THE SENATE

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

State General Funds (New)

$ 51,029,725

Motor Fuel Tax Funds (New)

$0

$ 51,029,725

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 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, 2003 of all vehicles purchased or newly leased during Fiscal Year 2003.

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

FRIDAY, APRIL 25, 2003

3199

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 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.

Recipient
Savannah Economic Development Authority City of Milledgeville
Savannah Economic Development Authority
City of Savannah City of Columbus

Description
Training facilities, training equipment and training operations for Project Blue Bell economic development project in Pooler, Georgia
Funding for operating expenses for Silver Haired Legislature Economic development incentive grant for Project Blue Bell economic development project in Pooler, Georgia
Funding for a training program to the City of Savannah Funding for the Civil War Naval Museum in the City of Columbus

Amount $ 30,000,000
$ 15,000 $ 9,380,000
$ 750,000 $ 100,000

3200

JOURNAL OF THE SENATE

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 provider fees paid to the Indigent Care Trust Fund created pursuant to Article 6A of Chapter 8 of Title 31. The sum of money is appropriated for payments to nursing homes pursuant to Article 6A.

It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 2004 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 2004 shall not exceed 13.1%.

Section 44. 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 $2,343.90. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 45. 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.

It is the intent of the General Assembly that of funds appropriated for the Governor's Emergency Fund, $1,500,000 is intended for relief in declared disasters.

Section 46. 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

FRIDAY, APRIL 25, 2003

3201

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.

Section 47. 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 48. 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.

3202

JOURNAL OF THE SENATE

Section 49. 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.
Section 50. 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 $10,000 for the taxable year beginning January 1, 2003.
Section 51. 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 52. 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. 2004.
Section 53. 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.

FRIDAY, APRIL 25, 2003

3203

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.
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 departmentowned 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.
Provided further, that from the amount equal to all money derived from motor fuel taxes for the proceeding fiscal year, there is appropriated the sum $26,155,000 for payment into the "State of Georgia Guaranteed Revenue Debt Common Reserve Fund". The purpose of this appropriation is to authorize the guarantee by the State of an issue of revenue obligations of the State Road and Tollway Authority for the construction and

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improvements to roads and bridges including related planning, engineering and land acquisition expenses. The maximum principal amount of the specific issue shall not exceed $331,000,000; the amount of the highest debt service shall not exceed the amount of this appropriation; and the maximum maturities of the issue shall not exceed two hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue.
Section 54. In addition to all other appropriations for the State fiscal year ending June 30, 2004, 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 55. 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.

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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 56. 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 57. 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 58. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 59. 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 60. (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

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contained in the Budget Report submitted to the General Assembly at the 2003 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.
Section 61. 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.

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Section 62. 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 63. 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)," $13,909,125 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $159,875,000 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)," $71,340 is specifically appropriated for the purpose of financing projects and facilities at the Georgia School for the Deaf, the Georgia Academy for the Blind, and the Atlanta Area School for the Deaf through the State Board of 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 $820,000 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)," $3,045,700 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $13,300,000 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)," $1,154,160 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,

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property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,040,000 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)," $572,500 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 $2,500,000 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)," $5,432,715 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 $62,445,000 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)," $630,750 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 $7,250,000 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)," $435,000 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 $5,000,000 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)," $235,870 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry

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Commission, 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 $1,030,000 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)," $1,740,000 is specifically appropriated for Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewerage facilities or systems, through the issuance of not more than $20,000,000 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)," $330,600 is specifically appropriated for the purpose of financing the George L. Smith II 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 $3,800,000 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)," $5,916,000 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 $68,000,000 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)," $389,300 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 $1,700,000 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)," $24,795 is specifically

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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 $285,000 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)," $435,000 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 $5,000,000 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)," $96,180 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 $420,000 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)," $310,590 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human 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 $3,570,000 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)," $1,309,350 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human 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 $15,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $28,625 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service, 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 $125,000 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)," $200,375 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service, 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 $875,000 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)," $1,196,250 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, 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 $13,750,000 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)," $458,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense, 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 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 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 $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.

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From the appropriation designated "State General Funds (New)," $7,120,000 is specifically appropriated to the Georgia State Financing and Investment Commission to acquire, construct, develop, extent, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, it agencies, departments, institutions, and of those state authorities which were created and activated prior to November 8, 1960, through the issuance of not more than $80,000,000 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)," $174,000 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 $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)," $174,000 is specifically appropriated for the Board of Regents, University System of Georgia to provide public library facilities by grant to the governing board Burke County Library for that library, through the issuance of not more that $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)," $261,000 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 $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)," $2,392,500 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, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $27,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $87,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture, 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)," $2,290,000 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 $10,000,000 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)," $348,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

Section 64. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 2004

$ 16,174,683,712

Section 65. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 66. All laws and parts of laws in conflict with this Act are repealed.

Senator Hill of the 4th asked unanimous consent that final adoption of the Conference Committee Report on HB 122 be suspended to a later time. The consent was granted, and action was suspended.

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

Mr. President:

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

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 House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the Senate:

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 Speaker has appointed on the part of the House, Representatives Buckner of the 109th, Greene of the 134th, and Hill of the 16th.

The following bill was taken up to consider the Conference Committee report thereto:

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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.

The Conference Committee report was as follows:

The Committee of Conference on HB 372 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 372 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Thomas of the 54th /s/ Senator Clay of the 37th /s/ Senator Golden of the 8th

/s/ Representative Dodson of the 84th, Post 1 /s/ Representative Stephens of the 123rd /s/ Representative Stephenson of the 60th, Post 1

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 372

A BILL TO BE ENTITLED AN ACT

To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change certain provisions relating to adoption of health regulations; 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 authoritys service area; to provide for legislative findings; to provide for 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 applicability; 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 provide for effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking subsection (a) of Code Section 31-2-4, relating to rules and regulations of the Department of Human Resources, variances and waivers to rules and regulations establishing licensure standards for facilities, and exemption of classes of facilities from regulation, and inserting in lieu thereof the following:
"(a) The department is authorized to adopt and promulgate rules and regulations to effect prevention, abatement, and correction of situations and conditions which, if not promptly checked, would militate against the health of the people of this state. Such rules and regulations must shall be adapted to the purposes intended and be, within the purview of the powers and duties imposed upon the department by this chapter, and supersede conflicting rules, regulations, and orders adopted pursuant to the authority of Chapter 3 of this title."
SECTION 2. Said title is further amended by striking paragraph (25) of Code Section 31-7-75, relating to functions and powers, and inserting in its place the following:
"(25) To provide financial assistance to individuals for the purpose of obtaining educational training in nursing or another health care field if such individuals are employed by, or are on an authorized leave of absence from, such authority or have committed to be employed by such authority upon completion of such educational training; to provide grants, scholarships, loans or other assistance to such individuals and to students and parents of students for programs of study in fields in which critical shortages exist in the authoritys service area, whether or not they are employees of the authority; to provide for the assumption, purchase, or cancellation of repayment of any loans, together with interest and charges thereon, made for educational purposes to students, postgraduate trainees, or the parents of such students or postgraduate trainees who have completed a program of study in a field in which critical shortages exist in the authoritys service area; and to provide services and financial assistance to private not for profit organizations in the form of grants and loans, with or without interest and secured or unsecured at the discretion of such authority, for any purpose related to the provision of health or medical services or related social services to citizens;".
SECTION 3. Said title is further amended by adding following Code Section 31-12-4, relating to isolation and segregation of diseased persons and quarantine, a new Code section to read as follows:
"31-12-4.1. (a) The Georgia General Assembly makes the following findings: The attacks of September and October, 2001, on the United States have heightened concerns that terrorists may have access to the smallpox virus and may attempt to use it against the

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American public. In light of these concerns, and in order to secure public health and

national security, the United States government has launched, and the State of Georgia

has cooperated in, a smallpox vaccination and treatment program, with a

recommendation for initial smallpox vaccinations for certain hospitals, health care

workers, and emergency response workers. However, due to the virulent nature of

smallpox and its vaccine, participation by hospitals and health care workers in such a

program potentially increases their exposure to liability that, without sufficient legal

protections, may significantly discourage their participation in the program. The

federal government has determined, and the General Assembly agrees, that liability

protection for those hospitals and health care workers who participate in such programs

are integral to ensuring its maximum success. Accordingly, to achieve a potent and

widespread smallpox vaccination and treatment program and maintain an effective

defense against possible terrorist attacks, it is critical that hospitals and health care

workers participating in such program be protected from potential legal liability absent

their gross negligence or willful or wanton misconduct. The General Assembly

therefore concludes that certain steps must be taken to encourage participation in the

smallpox vaccination and treatment program in order to reserve to Georgia citizens

continued access to smallpox vaccination and treatment services in the event of a

terrorist attack.

(b) Without waiving or affecting and cumulative of any existing immunity from any

source, unless it is established that injuries or death were caused by gross negligence or

willful or wanton misconduct:

(1) No licensed hospital which participates in a smallpox vaccination and treatment

program authorized by the United States Secretary of Health and Human Services or

the United States Public Health Service of the State of Georgia or employees, agents,

or health care workers of such hospital; and

(2) No licensed health care provider, health care worker, or other person who

participates in such smallpox vaccination and treatment program, whether or not such

provider, workers, or person is an agent or employee of said hospital

shall be liable for damages or injuries alleged to have been sustained by any individual

by reason of such individuals receipt of a smallpox vaccination or treatment, such

individuals exposure to smallpox or its related infections, or any act or omission

committed by said hospital, employee, agent, health care provider, health care worker,

or other person as a result of such individuals receipt of services from or related to

such smallpox vaccination and treatment program.

(c) This Code section shall apply only to causes of action arising on or after the effective date of this Code section."

SECTION 4.

Said title is further amended by designating the current contents of Article 1 of Chapter

35, relating to vaccinations for firefighters, emergency medical technicians, and public

safety officers, consisting of Code Sections 31-35-1 through 31-35-3 and inserting a new

Article 2 to read as follows:

"ARTICLE 2

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31-35-10. As used in this article, the term:
(1) 'Bioterrorism' means the intentional use, to cause or attempt to cause death, disease, or other biological malfunction in any living organism, of any of the following:
(A) Microorganism; (B) Virus; (C) Infectious substance; or (D) Biological product that may be engineered as a result of biotechnology or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance, or biological product. (2) 'Commissioner' means the commissioner of human resources. (3) 'Department' means the Department of Human Resources. (4) 'Disaster location' means any geographical location where a bioterrorism attack, terrorist attack, catastrophic event, natural disaster, or emergency occurs. (5) 'Emergency responder' means any person employed as state or local law enforcement personnel, fire department personnel, corrections officers, or emergency medical personnel who may be deployed to a bioterrorism attack, terrorist attack, catastrophic event, natural disaster, or emergency.
31-35-11. (a) The department shall offer a vaccination program for emergency responders who may be exposed to infectious diseases when deployed to a disaster location. The program shall include diseases for which vaccinations are recommended by the United States Public Health Service and in accordance with the Federal Emergency Management Directors Policy and may include, but not be limited to, vaccinations for hepatitis A, hepatitis B, diphtheria-tetanus, influenza, and pneumococcal. (b) An emergency responder shall be exempt from vaccination when a written statement from a licensed physician is presented to the department indicating that a vaccine is medically contraindicated for that person or the emergency responder signs a written statement that the administration of a vaccination conflicts with his or her personal choice or religious beliefs. (c) In the event of a vaccine shortage, the commissioner, in consultation with the Governor and the federal Centers for Disease Control and Prevention, shall use federal recommendations to determine the priority for vaccinations for emergency responders. (d) The department shall notify emergency responders of the availability of the vaccination program and the risks associated with such vaccinations and shall provide educational materials to emergency responders on ways to prevent exposure to infectious diseases. (e) The department may contract with county and local health departments, not for profit home health care agencies, hospitals, physicians, or other licensed health care organizations to administer the vaccination program for emergency responders.

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3219

(f) The vaccination program established pursuant to this article shall be implemented only upon receipt of federal funding or grants for aid available and approved for purposes under this article. (g) The department shall take all necessary steps to apply for federal funding to implement the vaccination program under this article including use of an expedited application procedure if circumstances require such. The department shall also amend the state plan if necessary to meet federal funding requirements."

SECTION 5. Section 4 of this Act shall become effective July 1, 2003. The remaining sections of 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.

Senator Thomas of the 54th moved that the Senate adopt the Conference Committee report on HB 372.

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 Y Fort
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 Y Reed Y Seabaugh

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

On the motion, the yeas were 49, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 372.

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The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:

The Committee of Conference on SB 113 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 113 be adopted.

Respectfully submitted, FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Kemp of the 46th /s/ Senator Tolleson of the 18th /s/ Senator Price of the 56th

/s/ Representative Stanley-Turner of the 43rd, Post 3 /s/ Representative Porter of the 119th /s/ Representative Boggs of the 145th

COMMITTEE OF CONFERENCE 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 change certain provisions relating to exceptions from the requirements of disclosure of public records; to add certain exceptions from disclosure requirements; 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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3221

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 the word "and" at the end of paragraph (7), by replacing the period at the end of paragraph (8) with the symbol and word "; and", and by adding a new paragraph (9) to read as follows:
"(9) Meetings when discussing any records that are exempt from public inspection or disclosure pursuant to paragraph (15) 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 said paragraph."
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 lieu thereof "; or", and by adding a new paragraph (15) to read as follows:
"(15)(A) Records, the disclosure of which would compromise security against sabotage or criminal or terrorist acts and the nondisclosure of which is necessary for the protection of life, safety, or public property, which shall be limited to the following:
(i) Security plans and vulnerability assessments for any public utility, technology infrastructure, building, facility, function, or activity in effect at the time of the request for disclosure or pertaining to a plan or assessment in effect at such time; (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 general public knowledge of its details; (iii) Any document relating to the existence, nature, location, or function of security devices designed to protect against terrorist or other attacks, which devices depend for their effectiveness in whole or in part upon a lack of general public knowledge; and (iv) Any plan, blueprint, or other material which if made public could compromise security against sabotage, criminal, or terroristic acts. (B) In the event of litigation challenging nondisclosure pursuant to this paragraph 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. (C) As used in divisions (i) and (iv) of subparagraph (A) of this paragraph, the term 'activity' means deployment or surveillance strategies, actions mandated by changes in the federal threat level, motorcades, contingency plans, proposed or alternative motorcade routes, executive and dignitary protection, planned responses to criminal or terrorist actions, after-action reports still in use, proposed or actual plans and responses to bioterrorism, and proposed or actual plans and responses

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to requesting and receiving the National Pharmacy Stockpile."

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.

Senator Kemp of the 46th moved that the Senate adopt the Conference Committee report on SB 113.

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 Y Fort
Gillis Y Golden Y Hall
Hamrick

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B
Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis
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
Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 113.

The following bill was taken up to consider House action thereto:

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

FRIDAY, APRIL 25, 2003

3223

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 House substitute was as follows:
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 payment of fees for advanced placement tests; to revise a provision relating to the release of questions from certain tests; to delete a provision that students with alternate assessments shall not count for accountability purposes; to change certain provisions regarding expenditure controls for the 2003-2004 school year; to provide for certain reports; to change certain provisions regarding maximum class size for the 2003-2004 school year; to provide for automatic repeal; to change certain provisions regarding funding for additional days of instruction; 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; 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 20 of the Official Code of Georgia Annotated, relating to education, is 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."

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SECTION 2. Said chapter is further amended by inserting a new Code section to be designated Code Section 20-2-167.1 to read as follows:
"20-2-167.1. (a) For the purposes of the 2003-2004 school year only, the following changes to Code Section 20-2-167 shall apply:
(1) Except as otherwise provided in paragraph (2) of this subsection, for each program identified in Code Section 20-2-161, each local school system shall spend 100 percent of funds designated for direct instructional costs on the direct instructional costs of such program on one or more of the programs identified in Code Section 20-2-161 at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned. (2) Direct instruction funds for the kindergarten early intervention program, the primary grades early intervention program, the upper elementary grades early intervention program, the remedial education program, and the alternative education program shall be expended on one or more of these programs at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned. (3) Each local school system shall spend 100 percent of the funds designated for media center costs for such costs at the system level, and 100 percent of the funds designated for media materials for media materials at the system level. (4) Funds allocated for staff development may be spent for any program approved under the 'Quality Basic Education Act.' (5) Each local school system shall report to the Department of Education its budgets and expenditures in accordance with this Code section with expenditures based in the preceding school year for each school site as a part of its report in October for the FTE count and on March 15. (b) Except as otherwise provided by subsection (a) of this Code section, Code Section 20-2-167 shall apply during the 2003-2004 school year. (c) No penalty shall apply for failure to comply with expenditure controls set out in Code Section 20-2-167 that are contrary to this Code section, notwithstanding any law to the contrary, as long as the local school system complies with this Code section. (d) Nothing in this Code section shall be construed to repeal any other provision of Code Section 20-2-167 or this chapter, or to apply to any time period other than the fiscal year beginning July 1, 2003, and ending June 30, 2004. (e) This Code section shall be automatically repealed July 1, 2004."
SECTION 3. Said title is further amended in Code Section 20-2-281, relating to effectiveness assessment, by striking subsections (d) and (f) and inserting in lieu thereof the following:
"(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

FRIDAY, APRIL 25, 2003

3225

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." "(f) Under rules adopted by the State Board of Education, the Department of Education shall, subject to appropriations by the General Assembly, release some or all of the questions and answer keys answers to each criterion-referenced 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."
SECTION 4. Said title is further amended in Code Section 20-2-182, relating to program weights, by striking subsection (i) and inserting in its place three new subsections to read as follows:
"(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 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 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 a period not to exceed four 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 so that, beginning with the 2003-2004 school year, State Board of Education rules are in compliance with this subsection except as

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otherwise provided in subsection (k) of this Code section for the 2003-2004 school year only. An aide may be used in programs to increase class size as allowed by State Board of Education rule, except that an aide shall not be used to increase the maximum class size in kindergarten or grades one through three, except as otherwise provided in subsection (k) of this Code section for the 2003-2004 school year only. 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. (j) In its report of the initial full-time equivalent program count required by subsection (a) of Code Section 20-2-160, each local school system shall report to the Department of Education the number of students in each class in each school as of the date of the initial enrollment count; for schools where students change classes during the school day, the local school system shall report the number of students in each class period. Each local school system shall also report to the Department of Education by March 15 of each school year the number of students in each class in each school as of the first Monday in March; for schools where students change classes during the school day, the local school system shall report the number of students in each class period. (k) For the 2003-2004 school year, the maximum class sizes set by the State Board of Education for the 2002-2003 school year shall apply for grades four through 12. For the 2003-2004 school year, the maximum class sizes set by the State Board of Education for the 2003-2004 school year shall apply to kindergarten and grades one through three, except that a kindergarten class may be increased to 20 students if a paraprofessional is present in addition to the certificated teacher. For the 2003-2004 school year, compliance with maximum class size requirements shall be determined by the system average for kindergarten and for each grade and no class shall exceed the applicable maximum size by more than two students. Except as otherwise provided in this subsection, other provisions of this Code section shall apply. This subsection shall not be construed to repeal any other provision of this Code section or this chapter, or to apply to any period of time other than the fiscal year beginning July 1, 2003, and ending June 30, 2004. This subsection shall be automatically repealed July 1, 2004."

FRIDAY, APRIL 25, 2003

3227

SECTION 5. Said title 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 20-2-184.1 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 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. Up to 15 percent of funds designated for additional days of instruction may be spent for transportation costs incurred for transporting students who are attending the additional classes funded by these designated funds."
SECTION 6. Said chapter is further amended by inserting a new Code section to be designated Code Section 20-2-491 to read as follows:
"20-2-491. (a) When a sales tax for educational purposes is imposed for capital outlay projects as provided in Part 2 of Article 3 of Chapter 8 of Title 48 and such tax generates or is reasonably anticipated to generate annualized proceeds of $5 million per year or more, the expenditure of tax proceeds shall be subject to an ongoing performance audit or performance review as provided in this Code section; but this Code section shall not apply if such tax generates annualized proceeds below $5 million. (b) Each local board of education expending tax proceeds for capital outlay projects shall provide for a continuing performance audit or performance review of the expenditure of such funds. The local board of education shall contract with an outside auditor, consultant, or other provider for such performance audit or performance review. The performance audit or performance review contract shall:
(1) Include a goal of ensuring to the maximum extent possible that the tax funds are expended efficiently and economically, so as to secure to the expending school district the maximum possible benefit from the tax dollars collected; (2) Provide for the issuance of periodic public reports, not less often than once annually, with respect to the extent to which expenditures are meeting the goal specified in paragraph (1) of this subsection; and

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(3) Provide for the issuance of periodic public recommendations, not less often than once annually, for improvements in meeting the goal specified in paragraph (1) of this subsection. (c) The auditor, consultant, or other provider to carry out the performance audit or performance review shall be selected through a public request for proposals process. The cost of the performance audit or performance review may be paid from the proceeds of the sales tax for educational purposes or any other available funds of the local school system. (d) The performance audit or review shall be required when the sales tax for educational purposes is imposed in whole or in part for capital outlay projects but shall not be required when the sales tax for educational purposes is imposed for the sole purpose of retirement of previously incurred general obligation debt. (e) The requirements of this Code section shall apply with respect to any sales tax for educational purposes which is in effect on July 1, 2003, as well as any sales tax for educational purposes imposed or reimposed on or after that date."

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.

Senator Brush of the 24th moved that the Senate agree to the House substitute to SB 249.

On the motion, 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
Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N 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 Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price

Y Seay Y Shafer Y Smith,F Y Smith,P N 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 Y Williams

FRIDAY, APRIL 25, 2003

3229

Y Hall Y Hamrick

Y Reed Y Seabaugh

Y Zamarripa

On the motion, the yeas were 48, nays 7; the motion prevailed, and the Senate agreed to the House substitute to SB 249.

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

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate:

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 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.

The House has agreed to the Senate amendments, as amended by the House, to 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 event that a majority of the qualified electors of Georgia are in favor of changing the "Current Georgia State Flag"; and for other purposes.

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The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House:

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.

The House has disagreed to the Senate amendment to the following Bill of the House:

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.

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

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.

SB 251. SB 270. SB 362.

FRIDAY, APRIL 25, 2003

3231

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.
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.
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.

The House insists on its position in disagreeing to the Senate amendment, 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:

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 Speaker has appointed on the part of the House, Representatives Mobley of the 58th, Sholar of the 141st, Post 1, and Wilkinson of the 41st.

The House has agreed to the Senate substitute to the following Bill of the House:

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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 employees of public or nonprofit critical access hospitals in certain state benefits plans; 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 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.

The following bill was taken up to consider the Conference Committee report thereto:

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 Conference Committee report was as follows:

The Committee of Conference on SB 169 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 169 be adopted.

Respectfully submitted,

FRIDAY, APRIL 25, 2003

FOR THE SENATE:
/s/ Senator Mullis of the 53rd /s/ Senator Bowen of the 13th
Senator Lee of the 29th

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Representative Snow of the 1st /s/ Representative Day of the 126th /s/ Representative Jenkins of the 93rd

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COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 169
A BILL TO BE ENTITLED AN ACT
To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to change certain provisions relating to notification that an organization meets requirements and issuance of certificate of compliance; 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 and its establishment, organization, advisory committee, expenses, and allowances; to provide for an executive director of the Georgia Firefighter Standards and Training Council; to change certain provisions relating to a basic firefighter training course and transfer of certification; to change certain provisions relating to mandatory annual training; 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 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by striking Code Section 25-3-22, relating to notification that an organization meets requirements and issuance of certificate of compliance, and inserting in lieu thereof the following:
"25-3-22. In order for a fire department to be legally organized to operate in the State of Georgia, the chief administrative officer of the fire department shall notify the executive director that the organization meets the minimum requirements specified in Code Section 25-323 and the rules and regulations of the Georgia Firefighter Standards and Training Council to function as a fire department. If the council is satisfied that the fire department meets the minimum requirements contained in Code Section 25-3-23 and the rules and regulations of the Georgia Firefighter Standards and Training Council, he or she shall issue a recommend to the Georgia Firefighter Standards and Training

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Council that a certificate of compliance be issued by the council to the fire department and. If the council issues such certificate of compliance, the fire department shall be authorized to exercise the general and emergency powers set forth in Code Sections 253-1 and 25-3-2."
SECTION 2. Said title is further amended by striking Code Section 25-3-23, relating to general requirements, equipment and clothing, personnel, and insurance relative to fire departments, and inserting in lieu thereof the following:
"25-3-23. (a) Except as otherwise provided in subsection (d) of this Code section, in order to be legally organized:
(1) A fire department shall comply with the following requirements: (A) Be established in accordance with the provisions of the National Fire Protection Association Standard 1201 to provide fire and other emergency and nonemergency services in accordance with standards specified solely by the Georgia Firefighter Standards and Training Council and the applicable local government; (B) Be capable of providing fire protection 24 hours a day, seven days a week 365 days per year; (C) Be responsible for a defined area of operations depicted on a map located at the fire station, which area of operations shall have been approved and designated by the governing authority of the applicable county, municipality, or other political subdivision in the case of any county, municipal, or volunteer fire department; and (D) Be staffed with a sufficient number of qualified firefighters who are full time, part time, or volunteers and who shall have successfully completed an approved basic fire-fighting course conducted by or through the Georgia Fire Academy fulltime, part-time, or volunteer firefighters who have successfully completed basic firefighter training as specified by the Georgia Firefighter Standards and Training Council; and
(2) A fire department shall possess the following items of approved equipment and protective clothing:
(A) A minimum of one fully equipped, operable pumper with a capacity of at least 100 750 GPM at 120 150 PSI and a tank capacity of a minimum of 250 gallons; provided, however, a minimum of one fully equipped, operable, and approved pumper of at least 750 GPM capacity is recommended that previously approved fire apparatus which does not meet such minimum standards may be used in lieu of the minimum required pumper until replaced by the local authority; (B) A minimum of equipment, appliances, adapters, and accessories necessary to perform and carry out the duties and responsibilities of a fire department set forth in Code Sections 25-3-1 and 25-3-2 as approved by the Georgia Firefighter Standards and Training Council; (C) A minimum of two approved self-contained breathing apparatus for each pumping apparatus as approved by the Georgia Firefighter Standards and Training Council; and

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(D) A minimum issue of sufficient personal protective clothing to permit each member to perform safely the duties of a firefighter. (b) A minimum of 15 firefighters for each fire department is recommended; however, departments existing on or before July 1, 1984, shall be exempt from this recommendation. (c)(b) A legally organized fire department shall purchase and maintain sufficient insurance coverage on each member of the fire department to pay claims for injuries sustained en route to, during, and returning from fire calls or other emergencies and disasters and scheduled training sessions. (d)(c) On and after July 1, 1998, the Georgia Firefighter Standards and Training Council shall be authorized, by rules and regulations, to establish and modify minimum requirements for all fire departments operating in this state, provided that such requirements are equal to or exceed the requirements provided in subsections (a), (b), and (c) (a) and (b) of this Code section."
SECTION 3. Said title is further amended by striking Code Section 25-3-25, relating to suspension or revocation of certificate of compliance, and inserting in lieu thereof the following:
"25-3-25. (a) The certificate of compliance issued by the executive director council shall be subject to suspension or revocation by the council at any time he or she it receives satisfactory evidence that:
(1) The fire department is not maintaining sufficient personnel, equipment, or insurance required by Code Section 25-3-23 or the rules and regulations of the Georgia Firefighter Standards and Training Council pursuant to subsection (d) of Code Section 25-3-23; or (b) The chief administrative officer of any fire department aggrieved by a decision of the council under subsection (a) of this Code section may, within 30 days of the date of such decision, request a hearing on the matter before the council. Following a hearing before the council, the chief administrative officer of the fire department affected shall be served with a written decision of the council announcing whether the certificate of compliance shall remain revoked or suspended or whether it shall be reinstated. (c) The council shall not suspend or revoke any certificate of compliance for failure to meet firefighter training requirements when such failure was due to unavailability of required training from or through the Georgia Fire Academy. (d) The council may refer suspensions or revocations to the Attorney General for enforcement. Upon referral from the council, the Attorney General may bring a civil action to enjoin any organization which is not in compliance with the applicable requirements of this chapter from performing any or all firefighting functions until such requirements are met by such organization."

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SECTION 4. Said title is further amended by striking Code Section 25-4-2, relating to definitions relative to firefighter standards and training, and inserting in lieu thereof the following:
"25-4-2. As used in this chapter, the term:
(1) 'Candidate' means a prospective firefighter who has not yet been certified by the council as having met the requirements of this chapter. (2) 'Certified firefighter' or 'state certified firefighter' means any firefighter who has been certified by the council as having met the requirements of this chapter. (2)(3) 'Council' means the Georgia Firefighter Standards and Training Council. (3)(4) 'Firefighter' means any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by any municipal, county, or state government fire department employing three or more firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, and enforcing municipal, county, and state fire prevention codes, as well as enforcing any law pertaining to the prevention and control of fires, or who is employed full time as a public safety officer by any municipal, county, or state government employing three or more public safety officers and who has responsibilities which include preventing and suppressing fires, protecting life and property, and enforcing ordinances and state laws a trained individual who is a full-time employee, part-time employee, or volunteer for a municipal, county, state, or private incorporated fire department and as such has duties of responding to mitigate a variety of emergency and nonemergency situations where life, property, or the environment is at risk, which may include without limitation fire suppression; fire prevention activities; emergency medical services; hazardous materials response and preparedness; technical rescue operations; search and rescue; disaster management and preparedness; community service activities; response to civil disturbances and terrorism incidents; nonemergency functions including training, preplanning, communications, maintenance, and physical conditioning; and other related emergency and nonemergency duties as may be assigned or required; provided, however, that a firefighters assignments may vary based on geographic, climatic, and demographic conditions or other factors including training, experience, and ability. (5) 'Full-time' means employed for compensation on a basis of at least 40 hours per week by any municipal, county, state, or private incorporated fire department. (6) 'Part-time' means employed for compensation on less than a full-time basis by any municipal, county, state, or private incorporated fire department. (7) 'Volunteer' means not employed for compensation by but appointed and regularly enrolled to serve as a firefighter for any municipal, county, state, or private incorporated fire department."
SECTION 5. Said title is further amended by striking Code Section 25-4-3, relating to the Georgia Firefighter Standards and Training Council and its establishment, organization, advisory committee, expenses, and allowances, and inserting in lieu thereof the following:

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"25-4-3. (a) The Georgia Firefighter Standards and Training Council is established. The council shall be composed of seven eleven members, one of whom shall be the Safety Fire Commissioner or the designated representative of the Safety Fire Commissioner. Two members shall be appointed by the Lieutenant Governor. Two members shall be appointed by the Speaker of the House of Representatives. The remaining six members shall be appointed by the Governor subject to the following requirements:
(1) One member shall be a member of the governing authority of a county; (2) One member shall be a member of the governing authority of a municipality; (3) One member shall be a city or county manager; (4) One member shall be the chief of a county or municipal fire department; and (5) Two members shall be state certified firefighter training officers. (b) The members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed at the sole discretion of the Governor. However, the Governor may consider for appointment to the council persons suggested for membership thereon as follows: (1) The Association County Commissioners of Georgia may suggest the names of three persons for each appointment pursuant to paragraph (1) of subsection (a) of this Code section; (2) The Georgia Municipal Association may suggest the names of three persons for each appointment pursuant to paragraph (2) of subsection (a) of this Code section; (3) The Georgia City and County Management Association may suggest the names of three persons for each appointment pursuant to paragraph (3) of subsection (a) of this Code section; (4) The Georgia Association of Fire Chiefs may suggest the names of three persons for each appointment pursuant to paragraph (4) of subsection (a) of this Code section; and (5) The Executive Board of the Georgia State Firemens Association may suggest the names of three persons for each appointment pursuant to paragraph (5) of subsection (a) of this Code section. (c)(1) The first members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed to take office on January 1, 1986. The two members appointed pursuant to paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed for initial terms of one year, the two members appointed pursuant to paragraphs (3) and (4) of subsection (a) of this Code section shall be appointed for initial terms of two years, and the two members appointed pursuant to paragraph (5) of subsection (a) of this Code section shall be appointed for initial terms of three years. Thereafter, successors shall be appointed for terms of three years as the respective terms of office expire. (2) The member appointed by the Lieutenant Governor and the member appointed by the Speaker of the House of Representatives shall each serve for terms concurrent with terms of members of the General Assembly.

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(3) All members shall serve until their successors are appointed and qualified. In the event of a vacancy in the membership of the council for any reason, including ceasing to hold an office or position required for membership on the council, the Governor shall fill such vacancy for the unexpired term; except that a vacancy in either of those members of the council appointed by the Lieutenant Governor or the Speaker of the House of Representatives shall be filled for the remainder of the unexpired term in the same manner as the original appointment. In order for the Governor to consider the names of persons suggested for membership on the council pursuant to subsection (b) of this Code section, such names must be submitted to the Governor by the respective organizations at least 60 days but not more than 90 days prior to the expiration of the respective terms of office or prior to the appointment of the initial members of the council who take office on January 1, 1986. The Governor shall be authorized, but not required, to request the appropriate organization designated in subsection (b) of this Code section to suggest the names of three persons for the Governors consideration in making an appointment to fill a vacancy. (d) At the first regular meeting of the council held in each even-numbered year, the council shall elect a chairman chairperson and such other officers from its own membership as it deems necessary to serve until successors are elected by the council as provided in this subsection. (e) The council may, from time to time, designate an advisory committee of not more than three members to assist and advise the council in carrying out its duties under this chapter. The members of any such advisory committee shall serve at the pleasure of the council. (f) Each member of the council and each member of an advisory committee of the council, in carrying out their official duties, shall be entitled to receive the same expense and mileage allowance authorized for members of professional licensing boards by subsection (f) of Code Section 43-1-2. The funds for such expenses and allowances shall be paid from funds appropriated or available to the Department of Public Safety."
SECTION 6. Said title is further amended by striking Code Section 25-4-7, relating to the Georgia Firefighter Standards and Training Council, and inserting in lieu thereof the following:
"25-4-7. The council is vested with the following functions and powers:
(1) To promulgate rules and regulations for the administration of the council; (2) To provide rules of procedure for its internal management and control; (3) To enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to this chapter; (4) To establish uniform minimum standards for the employment and training of fulltime, part-time, or volunteer firefighters, fire and life safety educators, fire inspectors, and fire investigators, including qualifications and requirements, which are consistent with this chapter;

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(5) To establish minimum curriculum requirements for schools operated by or for any employing agency for the specific purpose of training firefighter recruits or full-time, part-time, or volunteer firefighters, fire and life safety educators, fire inspectors, and fire investigators; (6) To approve institutions and facilities for school operation by or for any employing agency for the specific purpose of training firefighters and firefighter recruits; (7) To make or support studies on any aspect of fire-fighting education and training or recruitment; (8) To make recommendations concerning any matter within its purview; (9) To establish a firefighter recruit training program administered by such agencies and institutions as it approves and to issue or authorize the issuance of a certificate of completion to any person satisfactorily completing the training program To establish basic firefighter training requirements for full-time, part-time, and volunteer firefighters; (10) To issue a certificate of compliance to certify any person satisfactorily complying with the training program established in accordance with paragraph (9) of this Code section and the qualifications for employment covered in this chapter; and (11) To issue, at its discretion, a certificate to any person who has received training in another state, when the council has determined that the training was at least equivalent to that required by the council for approved firefighter education and training programs in this state and when the person has satisfactorily complied with all other requirements of this chapter."
SECTION 7. Said title is further amended by adding a new Code Section 25-4-7.1 to read as follows:
"25-4-7.1. (a) The council shall appoint and establish the compensation of an executive director who shall serve at the pleasure of the council. (b) The executive director may contract for such services and employ such other professional, technical, and clerical personnel as may be necessary and convenient to carry out the purposes of this chapter."
SECTION 8. Said title is further amended by striking Code Section 25-4-9, relating to a basic firefighter training course and transfer of certification, and inserting in lieu thereof the following:
"25-4-9. (a) In addition to complying with the preemployment standards as set forth in Code Section 25-4-8, each and every candidate, within 12 months after being appointed as a full-time paid member of any fire department or fire division of any department of public safety which employs three or more firefighters, shall specifically complete at least a basic training course of 120 hours of instruction. The council shall determine the courses, the number of hours per course, and all matters relative to the basic training

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course. Upon satisfactory completion of the course, a firefighter shall receive a certificate from the council evidencing his satisfactory completion of the minimum standards of the training program. Full-time, part-time, and volunteer firefighters shall successfully complete a basic training course. The council shall determine the course content, number of hours, and all other matters relative to basic firefighter training. Upon satisfactory completion of such basic training, a firefighter shall be issued a certificate of completion evidencing the same. Each firefighter shall be required to successfully complete such basic training course within 12 months after being employed or appointed as a firefighter. (b) A firefighter certified by the council may, upon termination of employment from any fire department and upon agreement with a subsequently employing fire department, transfer such certification to the employing fire department. (c) Notwithstanding the provisions of subsection (b) of this Code section, any local fire department may refuse to accept the transfer of previously acquired certification and may require any newly employed firefighter to complete the basic training course provided for in subsection (a) of this Code section."

SECTION 9.
Said title is further amended by striking Code Section 25-4-10, relating to mandatory
annual training, and inserting in lieu thereof the following: "25-4-10.
As a condition of tenure or continued employment certification, all firefighters shall
train, drill, or study at least 120 clock hours in each calendar year at schools, classes, or
courses at the local, area, or state level, as provided specified by the council. Authorized leaves of absence are expected."

SECTION 10. This Act shall become effective on July 1, 2004.

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Senator Mullis of the 53rd moved that the Senate adopt the Conference Committee report on SB 169.

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 Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens

Y 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 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

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 motion, the yeas were 54, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 169.

Senator Brush of the 24th asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:

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.

Senate Sponsor: Senator Brush of the 24th.

The consent was granted, and HB 590 was taken from the Table and continued upon its passage.

The Senate Education Committee offered the following amendment:

Amend HB 590 by inserting "to change certain provisions regarding the regulation of certificated professional personnel;" between "as" and "to" on line 2 of page 1.

By inserting "to change certain provisions regarding specific course requirements; to change certain provisions regarding paraprofessionals and aides;" between "circumstances;" and "to" on line 3 of page 1.

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By striking lines 8, 9, and 10 of page 1 and inserting in their place the following: "secondary education, is amended by striking Code Section 20-2-200, relating to regulation of certified professional personnel and inserting in its place new Code Sections 20-2-200 and 20-2-200.1 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. (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,

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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 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

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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 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.

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(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: (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;

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(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

(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

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(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.'"
By striking ", required by Code Section 20-2-200," on lines 12 and 13 of page 1.
By inserting between lines 18 and 19 of page 1 the following:
"SECTION 2. 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 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

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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.'
SECTION 3. 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

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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.'"
By striking line 19 of page 1 and inserting in its place the following:
"SECTION 4."
On the adoption of the amendment, the yeas were 37, nays 0, and the committee amendment was adopted.
Senators Kemp of the 3rd, Harp of the 16th, Meyer von Bremen of the 12th, Thompson of the 33rd, Tate of the 38th, Brown of the 26th and Cheeks of the 23rd offered the following amendment:

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Amend HB 590 by inserting the following after the first semicolon on page 1: "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;".
By inserting between lines 18 and 19 of page 1 the following:
"SECTION 1.1. Said chapter is further 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 (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.

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(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. (a)(1) Any employee or former employee who has been the object of retaliation in violation of this article 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: (A) An injunction restraining continued violation of this article; (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; (E) Any other compensatory damages allowable at law; and (F) Attorneys fees, court costs, and expenses to a prevailing employee or former employee.
(b) With regard to seeking the remedies provided by subparagraphs (B) though (F) of paragraph (2) of this Code section, any party shall be entitled to a jury trial upon request.'"

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On the adoption of the amendment, Senator Kemp of the 3rd called for the yeas and nays; the call was sustained, and the vote was as follows:

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

N Harbison Y Harp Y Henson N 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

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

On the adoption of the amendment, the yeas were 21, nays 31, and the Kemp of the 3rd, et al. amendment was lost.

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 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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3253

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

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

Y Thomas,R Y Thompson
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 as amended.

The following resolution was taken up to consider House action thereto:

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 House substitute was as follows:

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.

WHEREAS, it is the expressed will of the General Assembly to address the serious problems faced by victims, law enforcement, and prosecutors on the occurrence of sexual assault; and

WHEREAS, occurrences of sexual assault continue to escalate against women and men with long lasting detrimental effects on the victim, his or her family, and the community; and

WHEREAS, the Criminal Justice Coordinating Council has found that victims of sexual assault may often receive incomplete or no information regarding their rights as victims; and

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WHEREAS, the local investigating law enforcement agencies bear the cost of investigation, often challenged by limited funding, resource options, and training; and
WHEREAS, the absence of physical evidence often hampers prosecution efforts; and
WHEREAS, nonprofit organizations currently play an essential and active role in the support of criminal investigations and prosecution of sexual assault offenses and provide educational resources to medical professions and law enforcement on issues related to sexual offenses throughout Georgia; and
WHEREAS, the current economic circumstances demand coordination of funding, investigation, and education efforts on state and local levels to maximize resources available to respond to sexual assault offenses; and
WHEREAS, an opportunity should be provided for public debate and consideration of options for improving the response to sexual assault offenses in Georgia; to make specific recommendations for improving education, training, victim care, investigation, and prosecution; to develop benchmarks for assessing progress toward such goals; to consider whether a state sponsored program of Sexual Assault Nurse Examiners can be implemented; and to consider what measures can be taken to ensure a better response to sexual assault offenses in Georgia in the future.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses to be composed of 15 members, as follows: two members appointed by the Governor, three members of the Senate to be appointed by the Lieutenant Governor, three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, the director of the Georgia Bureau of Investigation or his or her designee, the director of the Georgia Public Safety Training Center or his or her designee, the director of the Prosecuting Attorneys Council of Georgia or his or her designee, the commissioner of the Department of Community Health or his or her designee, the director of the Criminal Justice Coordinating Council or his or her designee, the President of the Georgia Board of Nursing or his or her designee, and the director of the Georgia Network to End Sexual Assault or his or her designee. If an elected or appointed public officer leaves office, a vacancy shall be created in such position on the commission. Such a vacancy and any other vacancy shall be filled in the same manner as the initial designation or appointment. The Lieutenant Governor and the Speaker of the House of Representatives shall each designate a member of the commission to serve as cochairpersons of the commission. The commission shall meet at the call of the cochairpersons.
BE IT FURTHER RESOLVED that in addition to normal legislative support services, the commission shall make use of staff support services provided by the Department of

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Community Health.

BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the commission deems necessary or appropriate. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8, but shall receive the same for not more than five days unless additional days are authorized. The members of the commission who are not legislative members and who are not public employees shall receive no compensation for their services on the commission, but they shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21. The members of the commission who are public employees shall receive no compensation for their services on the commission but may be reimbursed for expenses by their respective employers. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or otherwise available to the Senate and House of Representatives. The commission shall publish a written report on its progress on or before December 1, 2003, for the 2004 session of the General Assembly and shall include any recommendations of any actions or legislation which the commission deems necessary or appropriate. This commission shall stand abolished on July 1, 2004.

Senator Squires of the 5th moved that the Senate agree to the House substitute to SR 35.

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 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
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
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

Price Y Reed Y Seabaugh

Y Williams Y Zamarripa

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 35.

The following bill was taken up to consider House action thereto:

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 House amendment was as follows:

Amend SB 24 by striking lines 3 and 4 of page 1 and inserting in lieu thereof the
following: "revocation or refusal of license, penalties, and violations, so as to provide that the
Department of Human Resources recommend insurance coverage to the owner of any
day-care center, family day-care home, group day-care facility, group day-care home, or child learning center; to provide that any such facility".

By striking lines 15 and 16 of page 1 and inserting in lieu thereof the following: "(t) The department shall recommend in writing to the owner of any facility operated as a
day-care center, family day-care home, group day-care facility, or group day-care home
or any child learning center licensed by the Office of School Readiness that such facility
carry liability insurance coverage sufficient to protect the facilitys clients. Any such
facility which after receiving such recommendation is not covered by liability insurance shall".

Senator Cheeks of the 23rd asked unanimous consent that the Senate disagree to the House amendment to SB 24.

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3257

The consent was granted and the Senate disagreed to the House amendment to SB 24.
The following bill was taken up to consider House action thereto:
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.
The House amendment was as follows:
Amend the Senate substitute to HB 175, such being designated LC 29 1003S, by inserting after the words "To amend" on line 1 of page 1 the following:
"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; to amend".
By redesignating Sections 1 and 2, respectively, as Sections 2 and 3, and inserting immediately following the enactment clause the following:
"SECTION 1. 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, is amended by adding a new Code Section 16-12-2.1 to follow Code Section 16-12-2, relating to smoking in public places, to read as follows:
'16-12-2.1. (a) It shall be unlawful for any person to smoke tobacco in any form in the presence of a child who is in a child passenger restraining system in a passenger automobile, van, or pickup truck if the windows are closed preventing ventilation. (b) A person who violates subsection (a) of this Code section may be fined no more than $15.00; provided, however, the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. No law enforcement officer shall be authorized to effectuate a traffic stop based upon the violation of this Code section.'"

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Senator Tanksley of the 32nd asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 175.
The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 175.
The following bill was taken up to consider House action thereto:
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 "Post-1956 Georgia State Flag," the qualified electors of Georgia prefer in the 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 amendment was as follows:
Amend the Senate amendments to HB 380 by striking Senate Amendments #8 and #9 in their entirety and by striking all of Senate Amendment #1 beginning with line 2 of page 1 through the end of Amendment #1 and inserting in lieu thereof the following: "Amend HB 380 by striking all matter beginning with line 1 of page 1 through the end of the document and inserting in lieu thereof the following:
'To provide for certain determinations with respect to the state flag of Georgia; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the state flag; to provide for the holding of an advisory referendum election to determine whether the qualified electors of the State of Georgia desire a further change in the state flag; to provide for related matters; to provide for severability; 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 50-3-1, relating to the state flag and public monuments, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) The flag of the State of Georgia shall be a blue field, centered upon which shall be placed a representation of that side of the great seal of the state described at subsection (c) of Code Section 50-3-30, centered in a circle of 13 equally spaced white mullets or

FRIDAY, APRIL 25, 2003

3259

five-pointed stars, and beneath the same shall be an escroll or ribbon, gold, two-thirds of the length of the field, bearing the words 'Georgia's History' and charged below said words with a representation of five flags horizontally presented as follows: the first, to the left, being that version of the flag of the United States of America consisting of a field of 13 red and white stripes and, centered in a canton of blue, a circle of 13 equally spaced white mullets or five-pointed stars, as adopted by the Continental Congress in 1777 and commonly known as the 'Stars and Stripes' or the '1777 Flag'; to the right thereof a flag consisting of a field of blue, centered upon which shall be placed a representation of the coat of arms of the state as the same appeared on the great seal of the state adopted in 1799, and which flag is commonly known as the 'Pre-1879 Georgia State Flag'; to the right thereof a flag consisting of a vertical band of blue occupying the leftmost one-third of the entire flag, on which shall be placed a representation of that side of the great seal of the state approved in 1914 which contained the coat of arms of the state, and the remainder of which flag shall consist of a scarlet field horizontally bisected by a white band such that said band shall be equal in width to the remainder of the scarlet field both above and below, which flag is commonly known as the 'Pre-1956 Georgia State Flag'; to the right thereof the flag of the State of Georgia as approved at Ga. L. 1956, p. 38, Section 1; and to the right thereof that version of the flag of the United States of America consisting of a field of 13 red and white stripes and a canton of blue bearing 50 white mullets or five-pointed stars, such that such flag shall represent the flag of the United States of America as the same appeared on July 4, 1960. And under the horizontal representation of the five flags, the phrase 'In God We Trust' shall be written in the blue section and in the same gold color as the state seal. consist of a square canton on a field of three horizontal bands of equal width. The top and bottom bands shall be scarlet and the center band white. The bottom band shall extend the entire length of the flag, while the center and top bands shall extend from the canton to the fly end of the flag. The canton of the flag shall consist of a square of blue the width of two of the bands, in the upper left of the hoist of the flag. In the center of the canton shall be placed a representation in gold of the coat of arms of Georgia as shown in the center of the obverse of the Great Seal of the State of Georgia adopted in 1799 and amended in 1914. Centered immediately beneath the coat of arms shall be the words 'IN GOD WE TRUST' in capital letters. The coat of arms and wording 'IN GOD WE TRUST' shall be encircled by 13 white five-pointed stars, representing Georgia and the 12 other original states that formed the United States of America. Official specifications of the flag, including color identification system, type sizes and fonts, and overall dimensions, shall be established by the Secretary of State, who pursuant to Code Section 50-3-4 serves as custodian of the state flag. Every force of the organized militia shall carry this flag while on parade or review."
SECTION 2. (a) It shall be the duty of the Secretary of State to issue the call for an advisory referendum election to determine whether the qualified electors of the State of Georgia desire that the state flag adopted under Section 1 of this Act be changed. The Secretary

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of State shall conduct the referendum election as provided in this section on the date of the 2004 presidential preference primary election. The Secretary of State shall issue the call and conduct that referendum election as provided by general law. (b) The ballot at the referendum election provided under this section shall have displayed or printed thereon the following:

"( ) 2003 FLAG ( ) 2001 FLAG

VOTE FOR ONLY ONE CHOICE: Should the State of Georgia keep the 2003 Flag adopted at the 2003 Session of the General Assembly or return to the 2001 Flag adopted at the 2001 Session of the General Assembly?"

The Secretary of State shall include pictures of the 2001 Flag and the 2003 Flag in appropriate positions on the ballot to assist the voters and facilitate the voting process, and if necessary to save significant printing costs a picture of the two flags may be attached to absentee ballots rather than appearing on the actual absentee ballot. (c) It shall be the duty of the Secretary of State to tabulate and certify the results of the referendum election and report said results to the Governor and the General Assembly immediately following such certification.
SECTION 3. In the event any section or subsection of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections or subsections of this Act, which shall remain in full force and effect as if the section or subsection so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining provisions of this Act if it had known that such provision or provisions hereof would be declared or adjudged invalid or unconstitutional.
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.
Senator Stephens of the 51st moved that the Senate disagree with the House amendment to the Senate amendments to HB 380.
Senator Hooks of the 14th moved that the Senate agree to the House amendment to the Senate amendments to HB 380.
On the motion to agree, which takes precedence, a roll call was taken, and the vote was as follows:

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3261

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

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

On the motion, the yeas were 33, nays 23; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendments to HB 380.

The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:

The Committee of Conference on HB 43 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 43 be adopted.

Respectfully submitted, FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

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/s/ Senator Price of the 56th /s/ Senator Balfour of the 9th /s/ Senator Stephens of the 51st

/s/ Representative Royal of the 140th /s/ Representative Heard of the 75th /s/ Representative Skipper of the 116th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 43

A BILL TO BE ENTITLED AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the "State and Local Tax Revision Act of 2003"; to provide for the comprehensive revision of provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law; to provide for applicability; to adjust the threshold and due dates for electronic funds transfer of withholding taxes; to increase the amount of the retirement income exclusion for state income tax purposes; to provide for a three-year phase in of such exclusion; 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; to provide for conditions and limitations; to change certain provisions regarding income tax credits with respect to certain vehicles and certain electric vehicle chargers; to change the income tax credit regarding establishing or relocating headquarters, so as to change a definition; to change certain procedures, conditions, and limitations; to provide for an income tax credit for full-time employee jobs created by certain business enterprises and an income tax credit for investments made by certain business enterprises in building new manufacturing facilities in this state; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for additional withholding and filing requirements; to change certain provisions regarding sales and use tax definitions; to provide that the distribution of contact lenses by a manufacturer as free samples to licensed dispensers shall not be subject to sales and use tax; to provide that the sale of certain school supplies, clothing, footwear, computers, and computer related accessories shall not be subject to sales and use tax for a limited period of time; to provide that sales of certain tangible personal property to, or used in the construction of, certain aquariums shall not be subject to sales and use tax for a limited period of time; to provide for conditions and limitations; 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; to change certain provisions with respect to taxation of motor fuels; to change certain provisions regarding dealers sales and use tax returns and compensation; to provide for prepayments of certain taxes with respect to motor fuels; to provide for

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procedures, conditions, and limitations; to change certain provisions regarding penalties; to provide for an excise tax with respect to loose or smokeless tobacco; to change the rate of such tax with respect to little cigars, other cigars, and cigarettes; to change certain definitions; to change certain provisions regarding excise taxes; to change certain provisions regarding collection of such tax by stamps; to change certain provisions regarding licensure, suspension, and revocation; to change certain provisions regarding licensing of nonresident distributors; to change certain provisions regarding sale or possession prohibitions; to change certain provisions regarding seizure of contraband; to change certain provisions regarding monthly reports; to change certain provisions regarding records; to change certain provisions regarding assessment of deficiencies and penalties; to change certain provisions regarding certain use, consumption, or storage taxes; to change certain provisions regarding registration, reports, and tax payments; to change certain provisions regarding claims for refunds; to change certain provisions regarding the status of unpaid tax as a lien; to change certain provisions regarding hearings by the state revenue commissioner; to change certain provisions regarding powers and duties of special agents and enforcement officers; to change certain provisions regarding transportation of certain cigarettes or cigars; to change certain provisions regarding additional requirements and seizure and forfeiture of contraband; to change certain provisions regarding criminal penalties; to provide for powers, duties, and authority of the state revenue commissioner; to provide for delayed implementation of certain provisions relating to state insurance premium tax credits with respect to certified capital companies; to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Investigation, so as to change certain provisions regarding powers of agents generally; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain provisions regarding tax stamps; to change certain provisions regarding examinations by the state auditor; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to require appropriation of funds for homeowner tax relief grants; 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 "State and Local Tax Revision Act of 2003."
SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation is amended by striking paragraph (14) of Code Section 48-1-2, relating to definitions of terms, and inserting in its place a new paragraph (14) to read as follows:
"(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning on or after January 1, 2003, the provisions of the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before

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January 1, 2002 2003, except Section 168(k) and Section 1400L of the Internal Revenue Code of 1986 shall be treated as if they were not in effect. In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date prior to January 1, 2002 2003, the term means the provisions of the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986. For taxable years beginning on or after January 1, 2003, provisions of the Internal Revenue Code of 1986 which were as of January 1, 2003, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes."
SECTION 3. Said title is further amended in Code Section 48-2-32, relating to electronic funds transfer, by striking subsection (f) and inserting in its place a new subsection (f) to read as follows:
"(f)(1) As used in this subsection, the term 'electronic funds transfer' means a method of making financial payments from one party to another through a series of instructions and messages communicated electronically, via computer, among financial institutions. Such term shall not include the electronic filing of tax returns. (2) The commissioner may require that any person or business owing more than $10,000.00 in connection with any return, report, or other document required to be filed with the department on or after July 1, 1992, shall pay any such sales tax, withholding tax, motor fuel distributor tax, corporate estimated income tax, or individual estimated income tax liability to the state by electronic funds transfer so that the state receives collectable funds on the date such payment is required to be made. In emergency situations, the commissioner may authorize alternative means of payment in funds immediately available to the state on the date of payment. (3) In addition to the requirements contained in paragraph (2) of this subsection, every employer whose tax withheld or required to be withheld under Code Section 48-7-103 exceeds $50,000.00 in the aggregate for the lookback period as defined in paragraph (4) of subsection (b) of Code Section 48-7-103 must pay the taxes by electronic funds transfer as follows:
(A) For paydays occurring on Wednesday, Thursday, or Friday, the taxes must be remitted on or before the following Wednesday or, in the case of a holiday, the next banking day thereafter; (B) For paydays occurring on Saturday, Sunday, Monday, or Tuesday, the taxes must be remitted on or before the following Friday or, in the case of a holiday, the next banking day thereafter; and (C) Notwithstanding any other provision of this paragraph to the contrary, for employers whose tax withheld or required to be withheld exceeds $100,000.00 for the payday, the taxes must be remitted by the next banking day.

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(3)(4) The commissioner is specifically authorized to establish due dates and times for the initiation of electronic payments, establish an implementation schedule, promulgate regulations, and prescribe rules and procedures to implement this subsection. (4)(5) A penalty of 10 percent of the amount due shall be added to any timely payment which is made in other than immediately available funds which are specified by regulation of the commissioner unless the commissioner has authorized an alternate means of payment in an emergency. (5)(6) In addition to authority granted in Code Section 48-2-40, the commissioner is authorized to waive the collection of interest on electronic funds transfer payments, not to exceed the first two scheduled payments, whenever and to the extent that the commissioner reasonably determines that the default giving rise to the interest charge was due to reasonable cause and not due to gross or willful neglect or disregard of this subsection or regulations or instructions issued pursuant to this subsection. (6)(7) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the requirements for electronically transmitting all required returns, reports, or other documents required to be filed with taxes paid by electronic funds transfer. (7)(8) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the procedure for satisfying the signature requirement for returns whether by electronic signature, voice signature, or other means, so long as appropriate security measures are implemented which assure security and verification of the signature procedure. (8)(9) Notwithstanding any provision of law to the contrary, the commissioner is authorized to pay all tax refunds by electronic funds transfer when requested by a taxpayer who has filed his or her return electronically with the department."
SECTION 4. Said title is further amended in Code Section 48-7-27, relating to computation of taxable net income, by striking subparagraph (a)(5)(A) and inserting in its place a new subparagraph (a)(5)(A) to read as follows:
"(5)(A) Retirement income otherwise included in Georgia taxable net income not to exceed the exclusion amount as follows:
(i) For taxable years beginning on or after January 1, 1989, and prior to January 1, 1990, retirement income not to exceed an exclusion amount of $8,000.00 per year received from any source; (ii) For taxable years beginning on or after January 1, 1990, and prior to January 1, 1994, retirement income not to exceed an exclusion amount of $10,000.00 per year received from any source; (iii) For taxable years beginning on or after January 1, 1994, and prior to January 1, 1995, retirement income from any source not to exceed an exclusion amount of $11,000.00;

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(iv) For taxable years beginning on or after January 1, 1995, and prior to January 1, 1999, retirement income from any source not to exceed an exclusion amount of $12,000.00; (v) For taxable years beginning on or after January 1, 1999, and prior to January 1, 2000, retirement income from any source not to exceed an exclusion amount of $13,000.00; (vi) For taxable years beginning on or after January 1, 2000, and prior to January 1, 2001, retirement income not to exceed an exclusion amount of $13,500.00 per year received from any source; (vii) For taxable years beginning on or after January 1, 2001, and prior to January 1, 2002, retirement income from any source not to exceed an exclusion amount of $14,000.00; (viii) For taxable years beginning on or after January 1, 2002, and prior to January 1, 2003, retirement income from any source not to exceed an exclusion amount of $14,500.00; and (ix) For taxable years beginning on or after January 1, 2003, and prior to January 1, 2006, retirement income from any source not to exceed an exclusion amount of $15,000.00; (x) For taxable years beginning on or after January 1, 2006, and prior to January 1, 2007, retirement income from any source not to exceed an exclusion amount of $25,000.00; (xi) For taxable years beginning on or after January 1, 2007, and prior to January 1 2008, retirement income from any source not to exceed an exclusion amount of $30,000.00; and (xii) For taxable years beginning on or after January 1, 2008, retirement income from any source not to exceed an exclusion amount of $35,000.00."
SECTION 5. Said title is further amended in subsection (a) of Code Section 48-7-27, relating to computation of taxable net income, by striking "and" at the end of paragraph (10), by striking the period at the end of paragraph (11) and inserting in its place "; and", and by adding a new paragraph immediately following paragraph (11) to be designated paragraph (12) to read as follows:
"(12) 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 pursuant to military orders. The exclusion provided under this paragraph:
(A) Shall apply with respect to each taxable year, or portion thereof, covered by such military orders; and (B) Shall apply only with respect to such member of the national guard or any reserve component of the armed forces and only with respect to military income earned during the period covered by such military orders."

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SECTION 6. Said title is further amended in Code Section 48-7-40.16, relating to income tax credits with respect to certain vehicles and certain electric vehicle chargers, by striking subsections (b), (c), and (d) and inserting in their place new subsections (b), (c), and (d) to read as follows:
"(b) A tax credit is allowed against the tax imposed under this article to a taxpayer for the purchase or lease of a new low-emission vehicle or zero emission vehicle that is registered in the State of Georgia. The amount of the credit shall be:
(1) For any new low-emission vehicle, 10 percent of the cost of such vehicle or $2,500.00, whichever is less; and (2) For any new zero emission vehicle, 20 percent of the cost of such vehicle or $5,000.00, whichever is less. $2,500.00 per new low-emission vehicle and $5,000.00 per new zero emission vehicle. (c) A tax credit is allowed against the tax imposed under this article to a taxpayer for the conversion of a conventionally fueled vehicle to a converted vehicle that is registered in the State of Georgia. The amount of the credit shall be equal to 10 percent of the cost of conversion, not to exceed $2,500.00 per converted vehicle. (d) A tax credit is allowed against the tax imposed under this article to any business enterprise for the purchase or lease of each electric vehicle charger that is located in the State of Georgia. The amount of the credit shall be $2,500.00 per charger 10 percent of the cost of the charger or $2,500.00, whichever is less."
SECTION 7. Said title is further amended in Code Section 48-7-40.17, relating to the income tax credit regarding establishing or relocating headquarters, by striking subsections (a) and (b) and inserting in their place new subsections (a) and (b), respectively, to read as follows:
"(a) As used in this Code section, the term: (1) 'Average wage' means the average wage of the county in which a full-time job is located as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (2) 'Full-time job' means employment for an individual which: (A) Is located at a headquarters; (B) Has a regular work week of 30 hours or more; (C) Pays at or above: (i) In tier 1 counties, the average wage of the county in which it is located; (ii) In tier 2 counties, 105 percent of the average wage of the county in which it is located; (iii) In tier 3 counties, 110 percent of the average wage of the county in which it is located; and (iv) In tier 4 counties, 115 percent of the average wage of the county in which it is located; and (D) Has no predetermined end date.

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(3) 'Headquarters' means the principal central administrative office of a taxpayer or a subsidiary of the taxpayer. (4) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended. (b) A taxpayer establishing its headquarters in this state or relocating its headquarters into this state which: (1) Within one year of the first date on which it withholds wages for employees at such headquarters pursuant to the provisions of Code Section 48-7-101 employs at least 100 persons in new full-time jobs at such headquarters or the headquarters of a subsidiary, defined as the taxpayers 'affiliated group' within the meaning of Section 1504(a) of the Internal Revenue Code of 1986, as amended, pursuant to the provisions of Code Section 48-7-101, employs at least 50 persons in new full-time jobs at such headquarters; (2) Within one year of the first date on which it withholds wages for employees at such headquarters pursuant to the provisions of Code Section 48-7-101 incurs within the state a minimum of $1 million in construction, renovation, leasing, or other costs related to such establishment or relocation; and (3) Elects not to receive the tax credits provided for by Code Sections 48-7-40, 48-740.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9 for such jobs or such investment shall be allowed a credit for taxes imposed under this article equal to $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located per eligible new full-time job; provided, however, that where the amount of such credit exceeds a taxpayers liability for such taxes in a taxable year, the excess may be taken as a credit against such taxpayers quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located for each new full-time job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such taxpayers quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. For each new full-time job created, the The credit established by this subsection may be taken for the first taxable year in which the new full-time job is created and for the four immediately succeeding taxable years, and the taxpayer shall thereafter be ineligible for such credit; provided, however, that such new full-time jobs must be created within seven years from the close of the taxable year in which the taxpayer first becomes eligible for such credit. Credit shall not be allowed during a year if the net employment increase falls below the

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100 50 new full-time jobs required. Any credit received for years prior to the year in which the net employment increase falls below the 100 50 new full-time jobs required shall not be affected. The commissioner shall adjust the credit allowed each year for net new employment fluctuations above the 100 50 new full-time jobs required."
SECTION 8. Said title is further amended by adding two new Code sections immediately following Code Section 48-7-40.23, to be designated Code Sections 48-7-40.24 and 48-7-40.25 to read as follows:
"48-7-40.24. (a) As used in this Code section, the term:
(1) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing. Such term shall not include retail businesses. (2) 'Eligible full-time employee' means an individual holding a full-time employee job created by a qualified project. (3) 'Force majeure' means any:
(A) Explosions, implosions, fires, conflagrations, accidents, or contamination; (B) Unusual and unforeseeable weather conditions such as floods, torrential rain, hail, tornadoes, hurricanes, lightning, or other natural calamities or acts of God; (C) Acts of war (whether or not declared), carnage, blockade, or embargo; (D) Acts of public enemy, acts or threats of terrorism or threats from terrorists, riot, public disorder, or violent demonstrations; (E) Strikes or other labor disturbances; or (F) Expropriation, requisition, confiscation, impoundment, seizure, nationalization, or compulsory acquisition of the site of a qualified project or any part thereof; but such term shall not include any event or circumstance that could have been prevented, overcome, or remedied in whole or in part by the taxpayer through the exercise of reasonable diligence and due care, nor shall such term include the unavailability of funds. (4) 'Full-time employee job' and 'full-time job' means employment of an individual which: (A) Is located in this state at the site of a qualified project or the manufacturing facility resulting therefrom; (B) Involves a regular work week of 35 hours or more; (C) Has no predetermined end date; and (D) Pays at or above the average wage of the county with the lowest average wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. For purposes of this paragraph, leased employees will be considered employees of the company using their services and such persons may be counted in determining the companys job tax credits under this Code section if their employment otherwise meets the definition of full-time job contained herein. In addition, an individuals employment shall not be deemed to have a predetermined end date solely by virtue of

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a mandatory retirement age set forth in a company policy of general application. The employment of any individual in a bona fide executive, administrative, or professional capacity, within the meaning of Section 13 of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 213(a)(1), as such Act existed on January 1, 2002, shall not be deemed to have a predetermined end date solely by virtue of the fact that such employment is pursuant to a fixed-term contract, provided that such contract is for a term of not less than one year. (5) 'Investment requirement' means the requirement that by the close of the sixth taxable year following the withholding start-date a minimum of $450 million in qualified investment property will have been purchased or acquired by the business enterprise to be used with respect to a qualified project. (6) 'Job creation requirement' means the requirement that no later than the close of the sixth taxable year following the withholding start-date, the business enterprise will have a minimum of 1,800 eligible full-time employees. (7) 'Job maintenance requirement' means the requirement that, with respect to each year in the recapture period, the monthly average number of eligible full-time employees employed by the business enterprise, determined as prescribed by subsection (l) of this Code section, must equal or exceed 1,800. (8) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in a qualified project, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. (9) 'Qualified project' means the construction of a new manufacturing facility in this state or the expansion of an existing manufacturing facility in this state. For purposes of this paragraph, the term 'manufacturing facility' means a single facility, including contiguous parcels of land, improvements to such land, buildings, building improvements, and any machinery or equipment that is used in the process of making, fabricating, constructing, forming, or assembling a product from components or from raw, unfinished, or semifinished materials, and any support facility. For purposes of this paragraph, the term 'support facility' means any warehouses, distribution centers, storage facilities, research and development facilities, laboratories, repair and maintenance facilities, corporate offices, sales or marketing offices, computer operations facilities, or administrative offices, that are contiguous to the manufacturing facility that results from a qualified project, constructed or expanded as part of the same such project, and designed primarily for activities supporting the manufacturing operations at such manufacturing facility. (10) 'Recapture period' means the period of five consecutive taxable years that commences after the first taxable year in which a business enterprise has satisfied both the investment requirement and the job creation requirement. (11) 'Withholding start-date' means the date on which the business enterprise begins to withhold Georgia income tax from the wages of its employees located at the site of a qualified project.

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(b) A business enterprise that is planning a qualified project shall be allowed to take the job tax credit provided by this Code section under the following conditions:
(1) An application is filed with the commissioner that: (A) Describes the qualified project to be undertaken by the business enterprise, including when such project will commence and the expected withholding startdate; (B) Certifies that such project will meet the investment requirement and the job creation requirement prescribed by this Code section; and (C) Certifies that during the recapture period applicable to such project the business enterprise will meet the job maintenance requirement prescribed by this Code section;
(2) Following the commissioners referral of the application to a panel composed of the commissioner of community affairs, the commissioner of industry, trade, and tourism, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the new facility or expansion will have a significant beneficial economic effect on the region for which it is planned. The panel shall make its determination within 30 days after receipt from the commissioner of the taxpayers application and any necessary supporting documentation. Although the panels certification may be based upon other criteria, a project that meets the minimum employment and investment requirements specified in paragraph (1) of this subsection will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met:
(A) The project will create new full-time employee jobs with average wages that are, as determined by the Department of Labor, for all jobs for the county in question:
(i) Twenty percent above such average wage for projects located in tier 1 counties; (ii) Ten percent above such average wage for projects located in tier 2 counties; or (iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or (B) The project demonstrates high growth potential based upon the prior years Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayers Georgia net taxable income in each of the two preceding years also grew by 20 percent or more. (c) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition thereof by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the year in which the lease becomes binding on the lessor and the taxpayer. (d) A business enterprise whose application is approved shall be allowed a tax credit for taxes imposed under this article equal to $5,250.00 annually per new eligible fulltime employee job for five years beginning with the year in which such job is created through year five after such creation; provided, however, that where the amount of such

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credit exceeds a business enterprises liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayers election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. For any one taxable year the amounts taken as a credit against taxes imposed under this article and against the business enterprises quarterly or monthly payments under Code Section 48-7-103 may not in the aggregate exceed $5,250.00 per eligible full-time employee job. Each employee whose employer receives credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. (e) The number of new full-time jobs to which this Code section shall be applicable shall be determined each month by comparing the number of full-time employees subject to Georgia income tax withholding as of the last payroll period of such month or as the payroll period during each month used for the purpose of reports to the Department of Labor with the number of such employees for the previous month. (f) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. (g) To qualify for the credit provided by this Code section a new full-time job must be created by the close of the seventh taxable year following the business enterprises withholding start-date. In no event may a credit be claimed under this Code section for more than 3,300 new full-time employee jobs created by any one project; provided, however, that the taxpayer may claim the credits provided by Code Sections 48-7-40 and 48-7-40.1 for any such additional jobs if the taxpayer meets the terms and conditions thereof. (h) Any credit claimed under this Code section but not fully used in the manner prescribed in subsection (d) of this Code section may be carried forward for ten years from the close of the taxable year in which the qualified job was established.

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(i) Except as provided in subsection (g) of this Code section, a taxpayer who is entitled to and takes credits provided by this Code section with respect to a qualified project shall not be allowed to take any of the credits authorized by Code Section 48-7-40, 487-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.6, 48-7-40.7, 48-7-40.8, 48-7-40.9, 48-7-40.10, 48-7-40.11, 48-7-40.15, 48-7-40.17, or 48-7-40.18 with respect to jobs, investments, child care, or ground-water usage shifts created by, arising from, related to, or connected in any way with the same project. Such taxpayer may take any credit authorized by Code Section 48-7-40.5 for the costs of retraining an employee located at the site of such project or the manufacturing facility resulting therefrom, but only with respect to costs incurred more than five years after the date the manufacturing facility first becomes operational. (j) Except under those circumstances described in subsection (k) of this Code section, the taxpayer shall, not more than 60 days after the close of the sixth taxable year following its withholding start-date, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to determine whether the taxpayer has met both the investment requirement and job creation requirement with respect to such project. If the taxpayer has failed to meet either such requirement, the taxpayer will forfeit the right to claim any credits provided by this Code section for such project. A taxpayer that forfeits the right to claim such credits is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification from the commissioner that either the investment requirement or the job creation requirement was not met, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. On such amended returns the taxpayer may claim any credit to which it would have been entitled under this article but for having taken the credit provided by this Code section. (k) If the recapture period applicable to a qualified project begins with or before the sixth taxable year following the taxpayers withholding start-date, the taxpayer shall, not later than 60 days after the close of the taxable year immediately preceding the recapture period, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to verify that the taxpayer met both the investment requirement and job creation requirement in such preceding year. (l) Not more than 60 days after the close of each taxable year within the recapture period, the taxpayer shall file a report, using such form and providing such information

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as the commissioner may reasonably require, concerning whether it met the job maintenance requirement for such year. For purposes of this subsection, whether such requirement has been satisfied shall be determined by comparing the monthly average number of eligible full-time employees subject to Georgia income tax withholding for the taxable year with 1,800. If the taxpayer has failed to meet the job maintenance requirement for such year, the taxpayer will forfeit the right to 20 percent of all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for 20 percent of all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 482-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification by the commissioner that the taxpayer has failed to meet the job maintenance requirement for such year, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (m) A taxpayer who fails to meet the job maintenance requirement for any taxable year within the recapture period because of force majeure may petition the commissioner for relief from such requirement. Such a petition must be made with and at the same time as the report required by subsection (l) of this Code section. If the commissioner determines that force majeure materially affected the taxpayers ability to meet the job maintenance requirement for such year, but that the portion of the year so affected was six months or less, the commissioner shall calculate the taxpayers monthly average number of eligible full-time employees for purposes of subsection (l) of this Code section by disregarding the affected months. If the commissioner determines that the affected portion of the year was more than six months, the taxable year shall be disregarded in its entirety for purposes of the job maintenance requirement and the recapture period applicable to the qualified project shall be extended for an additional year. (n) Unless more time is allowed therefor by Code Section 48-7-82 or 48-2-49, the commissioner may make any assessment attributable to the forfeiture of credits claimed under this Code section for the periods covered by any amended returns filed by a taxpayer pursuant to subsection (j) or (l) of this Code section within one year from the date such returns are filed. If the taxpayer fails to file the reports or any amended return required by subsection (j) or (l) of this Code Section, the commissioner may assess additional tax or other amounts attributable to the forfeiture of credits claimed under this Code section at any time. (o) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section.
48-7-40.25. (a) As used in this Code section, the term:

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(1) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing. Such term shall not include retail businesses. (2) 'Force majeure' means any:
(A) Explosions, implosions, fire, conflagrations, accidents, or contamination; (B) Unusual and unforeseeable weather conditions such as floods, torrential rain, hail, tornadoes, hurricanes, lightning, or other natural calamities or act of God; (C) Acts of war (whether or not declared), carnage, blockade, or embargo; (D) Acts of public enemy, acts or threats of terrorism or threats from terrorists, riot, public disorder, or violent demonstrations; (E) Strikes or other labor disturbances; or (F) Expropriation, requisition, confiscation, impoundment, seizure, nationalization, or compulsory acquisition of the site of a qualified project or any part thereof; but such term shall not include any event or circumstance that could have been prevented, overcome, or remedied in whole or in part by the taxpayer through the exercise of reasonable diligence and due care, nor shall such term include the unavailability of funds. (3) 'Full-time employee' means an individual holding a full-time employee job. (4) 'Full-time employee job' and 'full-time job' mean employment of an individual which: (A) Is located in this state at the manufacturing facility resulting from a qualified project; (B) Involves a regular work week of 35 hours or more; (C) Has no predetermined end date; and (D) Pays at or above the average wage of the county with the lowest average wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. For purposes of this paragraph, leased employees will be considered employees of the company using their services, and such persons may be counted in determining the companys credits under this Code section if their employment otherwise meets the definition of full-time job contained herein. In addition, an individuals employment shall not be deemed to have a predetermined end date solely by virtue of a mandatory retirement age set forth in a company policy of general application. The employment of any individual in a bona fide executive, administrative, or professional capacity, within the meaning of Section 13 of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 213(a)(1), as such act existed on January 1, 2002, shall not be deemed to have a predetermined end date solely by virtue of the fact that such employment is pursuant to a fixed-term contract, provided that such contract is for a term of not less than one year. (5) 'Investment requirement' means the requirement that a minimum of $800 million in qualified investment property shall have been purchased or acquired for use in a qualified project and be in service. (6) 'Job maintenance requirement' means the requirement that the monthly average number of full-time employees employed by the business enterprise during the first 60

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months of the recapture period must equal or exceed 90 percent of the job requirement. (7) 'Job requirement' means the requirement that the number of full-time employees must equal or exceed 1,800. (8) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in a qualified project, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. (9) 'Qualified project' means the construction of a new manufacturing facility in this state. For purposes of this paragraph, the term 'manufacturing facility' means a single facility, including contiguous parcels of land, improvements to such land, buildings, building improvements, and any machinery or equipment that is used in the process of making, fabricating, constructing, forming, or assembling a product from components or from raw, unfinished, or semifinished materials, and any support facility. For purposes of this paragraph, the term 'support facility' means any warehouses, distribution centers, storage facilities, research and development facilities, laboratories, repair and maintenance facilities, corporate offices, sales or marketing offices, computer operations facilities, or administrative offices that are contiguous to the manufacturing facility that results from a qualified project, constructed or expanded as part of the same such project, and designed primarily for activities supporting the manufacturing operations at such manufacturing facility. (10) 'Recapture period' means the period of ten consecutive taxable years that commences after the taxable year in which the taxpayer has met both the investment requirement and the job requirement. (b) A business enterprise that has operated an existing manufacturing facility in this state for the immediately three preceding years and that is planning a qualified project shall be allowed to take the credit provided by this Code section under the following conditions: (1) An application is filed with the commissioner that:
(A) Describes the qualified project to be undertaken by the business enterprise, including when such project will commence; (B) Certifies that such project will meet the investment requirement and the job requirement prescribed by this Code section, stating when the business enterprise expects to meet such requirements; and (C) Certifies that during the recapture period applicable to such project the business enterprise will meet the job maintenance requirement prescribed by this Code section; and (2) Following the commissioners referral of the application to a panel composed of the commissioner of community affairs, the commissioner of industry, trade, and tourism, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the new facility will have a significant beneficial economic effect on the region for which it is planned. The panel shall make its determination within 30 days after receipt from the commissioner of the

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taxpayers application and any necessary supporting documentation. Although the panels certification may be based upon other criteria, a project that meets the minimum job and investment requirements specified in paragraph (1) will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met:
(A) The full-time employee jobs that will be located at the manufacturing facility resulting from such project will pay average wages that are, as determined by the Georgia Department of Labor for all jobs for the county in question:
(i) Twenty percent above such average wage for projects located in tier 1 counties; (ii) Ten percent above such average wage for projects located in tier 2 counties; or (iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or (B) The project demonstrates high growth potential based upon the prior years Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayers Georgia net taxable income in each of the two preceding years also grew by 20 percent or more. (c) Any lease for a period of five years or longer of any real or personal property used in a new manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition thereof by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the year in which the lease becomes binding on the lessor and the taxpayer. (d) A business enterprise whose application is approved shall be allowed a credit against the tax imposed under this article in an amount equal to 6 percent of the cost of all qualified investment property purchased or acquired by the business enterprise in such year, subject to the conditions and limitations set forth in this Code section. Where the amount of such credit exceeds a business enterprises liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayers election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. Each employee whose employer receives credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer.

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(e) The credit granted under subsection (d) of this Code section shall be subject to the following conditions and limitations:
(1) In order to qualify as a basis for the credit, the investment in qualified investment property must occur no sooner than April 1, 2003. The credit may be taken beginning with the taxable year in which the taxpayer has met both the investment requirement and the job requirement, and for such first year the credit may include qualified investment property purchased or acquired in prior years but after March 31, 2003. For each year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayers Georgia income tax return which will set forth the following information, as a minimum:
(A) A description of the qualified project; (B) The amount of qualified investment property acquired during the taxable year; (C) The amount of tax credit claimed for the taxable year; (D) The amount of qualified investment property acquired in prior taxable years; (E) Any tax credit previously taken by the taxpayer against Georgia income tax liabilities or the taxpayers quarterly or monthly payments under Code Section 48-7103; (F) The amount of tax credit carried over from prior years; (G) The amount of tax credit utilized by the taxpayer in the current taxable year; (H) The amount of tax credit to be carried over to subsequent tax years; and (I) The monthly average number of full-time jobs during the taxable year; (2) Any credit claimed under this Code section but not fully used in the manner prescribed in subsection (d) of this Code section may be carried forward for 15 years from the close of the later of: (A) The taxable year in which the qualified investment property was acquired; or (B) The taxable year in which both the job requirement and investment requirement are satisfied. The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity but any unused investment tax credit may be transferred and continued by any transferee of the business enterprise; (3) In the initial year in which the taxpayer claims the credit granted in subsection (d) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project includes the acquisition of qualified investment property having an aggregate cost equal to or exceeding $800 million and that the job requirement was satisfied during such year; and (4) The utilization of the credit granted in subsection (d) of this Code section shall have no effect on the taxpayers ability to claim depreciation for tax purposes on the assets acquired by the taxpayer, nor shall the credit have any effect on the taxpayers basis in such assets for the purpose of depreciation. (f) In no event may credits exceeding $50 million in the aggregate be claimed under this Code section with respect to any one project.

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(g) A taxpayer who is entitled to and takes credits provided by this Code section with respect to a qualified project shall not be allowed to take any of the credits authorized by Code Section 48-7-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.6, 48-740.7, 48-7-40.8, 48-7-40.9, 48-7-40.10, 48-7-40.11, 48-7-40.15, 48-7-40.17, 48-740.18, or 48-7-40.24 with respect to jobs, investments, child care, or ground-water usage shifts created by, arising from, related to, or connected in any way with the same project. Such taxpayer may take any credit authorized by Code Section 48-7-40.5 for the cost of retraining an employee located at the site of such project or the manufacturing facility resulting therefrom, but only with respect to costs incurred more than five years after the date the manufacturing facility first becomes operational. (h) Not more than 60 days after the close of the fifth taxable year within the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may reasonably require, concerning whether it met the job maintenance requirement. If the taxpayer has failed to meet the job maintenance requirement, the taxpayer will forfeit the right to all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were forgone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification by the commissioner that the taxpayer has failed to meet the job maintenance requirement, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (i) A taxpayer who fails to meet the job maintenance requirement because of force majeure may petition the commissioner for relief from such requirement. Such a petition must be made with and at the same time as the report required by subsection (h) of this Code section. If the commissioner determines that force majeure materially affected the taxpayers ability to meet the job maintenance requirement, but that the portion of any year so affected was six months or less, the commissioner shall calculate the taxpayers monthly average number of full-time employees for purposes of subsection (h) of this Code section by disregarding the affected months. If the commissioner determines that the affected portion of any such year was more than six months, the taxable year shall be disregarded in its entirety for purposes of the job maintenance requirement and the recapture period applicable to the qualified project shall be extended for an additional year. (j) If the manufacturing facility resulting from a qualified project is abandoned at any time during the recapture period, the taxpayer will forfeit the right to all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were forgone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40

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computed from the date such taxes or payments would have been due if the credits had not been taken. For purposes of this subsection, a manufacturing facility will be considered abandoned if there is, for any reason other than force majeure, a complete cessation of manufacturing operations for a period of 12 consecutive months or more during the recapture period. Not more than 60 days after the close of the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may require, concerning whether such an abandonment occurred. No later than 90 days after notification by the commissioner that an abandonment occurred, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (k) Unless more time is allowed therefor by Code Section 48-7-82 or 48-2-49, the commissioner may make any assessment attributable to the forfeiture of credits claimed under this Code section for the periods covered by any amended returns filed by a taxpayer pursuant to subsections (h) and (j) of this Code section within one year from the date such returns are filed. If the taxpayer fails to file the reports or any amended return required by subsections (h) and (j) of this Code section, the commissioner may assess additional tax or other amounts attributable to the forfeiture of credits claimed under this Code section at any time. (l) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 9. Said title is further amended by striking subsection (b) of Code Section 48-7-103, relating to quarterly, monthly, and jeopardy returns, and inserting in its place a new subsection (b) to read as follows:
"(b)(1) Except as otherwise provided in subsection (a) of this Code section, every employer whose tax withheld or required to be withheld exceeds $200.00 per month is $50,000.00 or less in the aggregate for the lookback period is required to file and remit payment to the department on or before the fifteenth day of the following month; provided, however, that the commissioner shall be authorized to promulgate rules and regulations to permit the filing of such returns on a quarterly basis. (2) Every employer whose tax withheld or required to be withheld exceeds $50,000.00 in the aggregate for the lookback period must remit the withheld taxes pursuant to paragraph (3) of subsection (f) of Code Section 48-2-32 and shall file returns pursuant to paragraph (1) of this subsection. (3) Notwithstanding any provision of this subsection to the contrary, for employers whose tax withheld or required to be withheld exceeds $100,000.00 for the payday, the taxes must be remitted by the next banking day. (4) For purposes of this subsection, the 'lookback period' for each calendar year shall be the 12 month period which ended the preceding June 30."

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SECTION 10. Said title 48 is amended in Code Section 48-8-2, relating to definitions, by adding a new paragraph immediately following paragraph (5), to be designated paragraph (5.1), to read as follows:
"(5.1) 'Prepaid state tax' means the tax levied under Code Section 48-8-30 in conjunction with Code Section 48-8-3.1 and Code Section 48-9-14 on the retail sale of motor fuels for highway use and collected prior to that retail sale. This tax is based upon the average retail sales price as set forth in Code Section 48-9-14. This shall not apply to any local sales and use tax which is levied on the sale or use of motor fuel and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; or by or pursuant to Article 3 of this chapter."
SECTION 11. Said title is further amended in Code Section 48-8-3, relating to exemptions from state sales and use tax, by striking in its entirety paragraph (47) and inserting in lieu thereof the following:
"(47) Sales of drugs dispensed by prescription and prescription eyeglasses and contact lenses including, without limitation, prescription contact lenses distributed by the manufacturer to licensed dispensers as free samples not intended for resale and labeled as such;"
SECTION 12. Said title is further amended in Code Section 48-8-3, relating to exemptions from state sales and use tax by striking "or" at the end of paragraph (74) and by striking paragraph (75) and inserting in its place new paragraphs (75) and (76), to read as follows:
"(75)(A) The sale of any covered item. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on March 29, 2002, and concluding at 12:00 Midnight on March 30, 2002, and to a period commencing at 12:01 A.M. on August 2, 2002, and concluding at 12:00 Midnight on August 3, 2002 July 31, 2003, and concluding at 12:00 Midnight on August 3, 2003. (B) As used in this paragraph, the term 'covered item' shall mean:
(i) Articles of clothing and footwear with a sales price of $100.00 or less per article of clothing or pair of footwear, excluding accessories such as jewelry, handbags, umbrellas, items intended primarily for use as athletic or sporting gear, eyewear, watches, and watchbands; (ii) The first $1,500.00 of the sales price of a A single purchase, with a sales price $1,500.00 or less, of personal computers and personal computer related accessories purchased for noncommercial home or personal use, including

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personal computer base units and keyboards, personal digital assistants, handheld computers, monitors, other peripheral devices, modems for Internet and network access, and nonrecreational software, whether or not they are to be utilized in association with the personal computer base unit; provided, however, that such exemption shall be available only when such purchase includes the purchase of a personal computer base unit. For purposes of this paragraph, personal digital assistant devices shall not be considered personal computer base units but may be included in a single purchase which also includes a personal computer base unit. Computer and computer related accessories shall not include furniture and any systems, devices, software, or peripherals designed or intended primarily for recreational use; and (iii) Noncommercial purchases of general school supplies to be utilized in the classroom or in classroom related activities, such as homework, up to a sales price of $20.00 per item including pens, pencils, notebooks, paper, book bags, calculators, dictionaries, and thesauruses, and childrens books and books listed on approved school reading lists for pre-kindergarten through twelfth grade. (C) The exemption provided by this paragraph shall not apply to rentals, sales in a theme park, entertainment complex, public lodging establishment, restaurant, or airport or to purchases for trade, business, or resale. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph including but not be limited to a list of those articles and items qualifying for the exemption pursuant to this paragraph.; or (76) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the effective date of this paragraph until January 1, 2007, sales of tangible personal property to, or used in the construction of, an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code."
SECTION 13. Said title is further amended by striking subsections (b) and (c) of Code Section 48-8-6, relating to limitations regarding local sales and use taxes, and inserting in their place new subsections (b) and (c) to read as follows:
"(b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation:
(1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; and (2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI,

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Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply in a county in which a tax is being imposed under subparagraph (a)(1)(F) (a)(1)(D) of Code Section 48-8-111 solely for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, or a combination of such projects and such exception shall apply only during the period the tax under said subparagraph (a)(1)(F) (a)(1)(D) is in effect. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed. (c) Where the exception specified in paragraph (2) of subsection (b) of this Code section applies, the tax imposed under subparagraph (a)(1)(F) (a)(1)(D) of Code Section 48-8-111 shall not apply to: (1) The furnishing for value to the public of any room or rooms, lodgings, or accommodations which is subject to taxation under Article 3 of Chapter 13 of this title; and (2) The sale of motor vehicles."
SECTION 14. Said title is further amended by striking subsection (b) of Code Section 48-8-49, relating to dealers sales and use tax returns, and inserting in its place a new subsection (b) to read as follows:
"(b)(1) As used in this subsection, the term 'estimated tax liability' means a dealers tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on his the dealers average monthly payments for the last fiscal year. (2) If the estimated tax liability of a dealer for any taxable period exceeds $2,500.00,
the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer unless during the previous fiscal year the dealers monthly payments exceeded $2,500.00 per month for three consecutive months or more nor shall this subsection apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. No local sales taxes shall be included in determining any estimated tax liability."
SECTION 15. Said title is further amended by striking paragraph (3) of subsection (b) of Code Section 48-8-50, relating to compensation of dealers, and inserting in its place a new paragraph (3) to read as follows:

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"(3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed
under any provision of this title, including, but not limited to, Code Section 48-9-14
and sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of this Code section but not including Code Section 48-9-14."

SECTION 16. Said title is further amended by striking subsection (b) of Code Section 48-9-14, relating to the second motor fuel tax, and inserting in its place a new subsection (b) to read as follows:
"(b)(1) The motor fuel tax imposed by this Code section is levied at the rate of 3 percent of the retail sale price less the tax imposed by Code Section 48-9-3 upon the sale, use, or consumption, as defined in Code Section 48-8-2, of motor fuel in this state. This tax shall be subject only to the exemptions provided in Code Section 48-93.
(2)(A) As used in this paragraph, the term 'prepaid state tax' shall have the same meaning as provided in paragraph (5.1) of Code Section 48-8-2. (B) At the time the tax imposed by Code Section 48-9-3 attaches to a sale or transfer of motor fuels, a prepaid state tax shall be collected. The same person remitting the tax imposed under Code Section 48-9-3, but on a separate schedule, shall remit the prepaid state tax to the state. The tax shall be separately invoiced throughout the chain of distribution until it reaches the dealer who makes the retail sale. The commissioner shall issue the rate of prepaid state tax on a semiannual basis, rounded to the nearest $.001 per gallon for use in the following the semiannual period. The rate shall be calculated at 4 percent of the state-wide average retail price by motor fuel type as compiled by the Energy Information Agency of the United States Department of Energy, the Oil Pricing Information Service, or a similar reliable published index less taxes imposed under Code Section 48-9-3, this subsection, and all local sales and use taxes. In the event that the retail price changes by 25 percent or more within a semiannual period, the commissioner shall issue a revised prepaid state tax rate for the remainder of that period."

SECTION 17.
Said title is further amended by striking subsections (b) and (d) of Code Section 48-9-16,
relating to penalties, and inserting in their place new subsections (b) and (d), respectively,
to read as follows: "(b) When any distributor fails to pay the tax or any part of the tax due under paragraph
(1) of subsection (a) of Code Section 48-9-3 or 48-9-14, he the distributor shall be subject to a penalty of 10 percent of the amount of unpaid taxes due." "(d) When any distributor fails to pay the tax or any part of the tax due under paragraph
(1) of subsection (a) of Code Section 48-9-3 or 48-9-14, he the distributor shall pay

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interest on the unpaid tax at the rate specified in Code Section 48-2-40 from the time the tax became due until paid."
SECTION 18. Said title is further amended by striking Code Section 48-11-1, relating to definitions, and inserting in its place a new Code Section 48-11-1 to read as follows:
"48-11-1. As used in this chapter, the term:
(1) 'Cigar' means any roll for smoking made wholly or in part of tobacco when the cover of the roll is also tobacco. (2) 'Cigarette' means any roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco. (3) 'Dealer' means any person other than a distributor who is engaged in this state in the business of selling cigars, or cigarettes, or loose or smokeless tobacco directly to the ultimate consumer of the cigars, or cigarettes, or loose or smokeless tobacco. (4) 'Distributor' means any person who:
(A) Maintains a warehouse, warehouse personnel, and salesmen salespersons who regularly contact and call on dealers; and (B) Is engaged in the business of:
(i) Manufacturing cigars, or cigarettes, or loose or smokeless tobacco in this state,; importing cigars, or cigarettes, or loose or smokeless tobacco into this state,; or purchasing cigars, or cigarettes, or loose or smokeless tobacco from other manufacturers or distributors; and (ii) Selling the cigars, or cigarettes, or loose or smokeless tobacco to dealers in this state for resale, but is not in the business of selling the cigars, or cigarettes, or loose or smokeless tobacco directly to the ultimate consumer of the cigars, or cigarettes, or loose or smokeless tobacco. (5) 'First taxable transaction' means the first sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars, or cigarettes, or loose or smokeless tobacco within this state. (6) 'Loose or smokeless tobacco' means granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff or snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking but does not include cigarettes or cigars or tobacco purchased for the manufacture of cigarettes by cigarette distributors. (6)(7) 'Sale' means any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution in any manner or by any means whatever. (7) (8) 'Stamp' means any impression, device, stamp, label, or print manufactured, printed, made, or affixed as prescribed by the commissioner. (8) (9) 'Vending machine' means any coin-in-the-slot device used for the automatic merchandising of cigars, or cigarettes, or loose or smokeless tobacco."

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SECTION 19. Said title is further amended by striking Code Section 48-11-2, relating to excise taxes, and inserting in its place a new Code Section 48-11-2 to read as follows:
"48-11-2. (a) An excise tax, in addition to all other taxes of every kind imposed by law, is imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars, and cigarettes, and loose or smokeless tobacco in this state at the following rates:
(1) Little cigars weighing not more than three pounds per thousand: two and one-half mills each; (2) All other cigars: 13 23 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances; (3) Cigarettes: 12 37 per pack of 20 cigarettes and a like rate, pro rata, for other size packages. (4) Loose or smokeless tobacco: 10 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances. (b) When the retail selling price is referred to in this chapter as the basis for computing the tax, it is intended to mean the ordinary retail selling price of the article to the consumer before adding the amount of the tax. (c) The taxes imposed by this chapter are levied with respect to the purchase or use of cigars, or cigarettes, or loose or smokeless tobacco by the state or any department, institution, or agency of the state and by the political subdivisions of the state and their departments, institutions, and agencies. The taxes imposed by this chapter are not imposed with respect to cigars, or cigarettes, or loose or smokeless tobacco purchased exclusively for use by the patients at the Georgia War Veterans Home and the Georgia War Veterans Nursing Home. (d) The taxes imposed by this chapter are not levied with respect to cigars, or cigarettes, or loose or smokeless tobacco the purchase or use of which this state is prohibited from taxing under the Constitution or statutes of the United States. (e) The taxes imposed by this chapter shall be advanced and paid by the distributor to the commissioner for deposit and distribution as provided in this chapter upon the first taxable transaction within the state, whether or not the transaction involves the ultimate purchaser or consumer. The seller or distributor shall collect the tax from the purchaser or consumer and the purchaser or consumer shall pay the tax to the seller or distributor. The seller or distributor shall be responsible for the collection of the tax and the payment of the tax to the commissioner. Whenever cigars, or cigarettes, or loose or smokeless tobacco is are shipped from outside the state to anyone other than a distributor, the person receiving the cigars, or cigarettes, or loose or smokeless tobacco shall be deemed to be a distributor and shall be responsible for the tax on the cigars, or cigarettes, or loose or smokeless tobacco and the payment of the tax to the commissioner.

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(f) The amount of taxes advanced and paid to the state as provided in this Code section shall be added to and collected as a part of the sales price of the cigars, or cigarettes, or loose or smokeless tobacco sold or distributed. The amount of the tax shall be stated separately from the price of the cigars, or cigarettes, or loose or smokeless tobacco. (g) The cigars, and cigarettes, and loose or smokeless tobacco tax imposed shall be collected only once upon the same cigarettes, cigars, or little cigars, or loose or smokeless tobacco."
SECTION 20. Said title is further amended by striking Code Section 48-11-3, relating to collection of such tax by stamps, and inserting in its place a new Code Section 48-11-3 to read as follows:
"48-11-3. (a) Except as otherwise provided in this Code section, the taxes imposed by Code Section 48-11-2 shall be collected and paid through the use of stamps. The commissioner shall secure stamps of such design and materials as he the commissioner deems appropriate to protect the revenue and shall sell the stamps to licensed distributors at a discount of not less than 2 percent and not more than 8 percent of the value of the stamps. The exact percentage of the discount shall be based on brackets according to the volume of cigars, and cigarettes, and loose or smokeless tobacco handled by the distributor pursuant to regulations promulgated by the commissioner. The commissioner shall prescribe by regulation the condition, method, and manner in which stamps are to be affixed to containers of cigars, and cigarettes, and loose or smokeless tobacco. (b) The commissioner may prescribe by regulation an alternate method, in lieu of the sale of stamps, of collecting and paying the tax imposed upon cigars and little cigars. The commissioner may also prescribe by regulation an alternate method, in lieu of the sale of stamps, of collecting and paying the tax imposed on loose or smokeless tobacco. Any such regulations shall be promulgated so that use of the alternate method will result in the same revenue to the state as the state would realize through the sale of stamps to the distributors. (c) No distributor shall sell or exchange with another distributor any stamps issued pursuant to this chapter. The commissioner is authorized to redeem at cost price any stamps presented for redemption by a licensed distributor when the commissioner determines from physical inspection that no cigars, or cigarettes, or loose or smokeless tobacco has have been sold by the distributor under pretense of the tax imposed by this chapter having been paid through use of the stamps."
SECTION 21. Said title is further amended by striking Code Section 48-11-4, relating to licensure and suspension and revocation, and inserting in its place a new Code Section 48-11-4 to read as follows:
"48-11-4.

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(a) No person shall engage in or conduct the business of manufacturing, purchasing, selling, consigning, vending, dealing in, or distributing cigars, or cigarettes, or loose or smokeless tobacco in this state without first obtaining a license from the commissioner. (b) All licenses shall be issued by the commissioner, who shall make rules and regulations with respect to applications for and issuance of the licenses. The commissioner may refuse to issue any license under this chapter when he the commissioner has reasonable cause to believe that the applicant has willfully withheld information requested of him the applicant or required by the regulations to be provided or reported or when the commissioner has reasonable cause to believe that the information submitted in any application or report is false or misleading and is not given in good faith. (c) The fee for a distributors license shall be $50.00 annually, except that for a person commencing business as a distributor for the first time the first years fee shall be $250.00. Each dealer shall have a permanent license issued by the commissioner free of charge. Each license, except a dealers license, shall begin on July 1 and end on June 30 of the next succeeding year. The prescribed fee shall accompany every application for a license and shall apply for any portion of the annual period. Each distributors or dealers license shall be subject to suspension or revocation for violation of any of the provisions of this chapter or of the rules and regulations made pursuant to this chapter. A separate license shall be required for each place of business. No person shall hold a distributors license and a dealers license at the same time. (d) The commissioner may make rules and regulations governing the sale of cigars, and cigarettes, and loose or smokeless tobacco and other tobacco products in vending machines. The commissioner shall require annually a special registration of each vending machine for any operation in this state and charge a license fee for the registration in the amount of $1.00 for each machine. The annual registration shall indicate the location of the vending machine. No vending machine shall be purchased or transported into this state for use in this state when the vending machine is not so designed as to permit inspection without opening the machine for the purpose of determining that cigars, and cigarettes, and loose or smokeless tobacco and other tobacco products contained in the machine bear the tax stamp required under this chapter. (e) The distributors or dealers license shall be exhibited in the place of business for which it is issued in the manner prescribed by the commissioner. The commissioner shall require each licensed distributor to file with him the commissioner a bond in an amount of not less than $1,000.00 to guarantee the proper performance of the distributors duties and the discharge of the distributors liabilities under this chapter. The bond shall run concurrently with the distributors license but shall remain in full force and effect for a period of one year after the expiration or revocation of the distributors license unless the commissioner certifies that all obligations due the state arising under this chapter have been paid. (f) The jurisdiction of the commissioner in the administration of this chapter shall extend to every person using or consuming cigars, or cigarettes, or loose or smokeless

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tobacco in this state and to every person dealing in cigars, or cigarettes, or loose or smokeless tobacco in any way for business purposes and maintaining a place of business in this state. For the purpose of this chapter, the maintaining of an office, store, plant, warehouse, stock of goods, or regular sales or promotional activity, whether carried on automatically or by salesmen salespersons or other representatives, shall constitute, among other activities, the maintaining of a place of business. (g) The commissioner may provide for the licensing of promotional activities, not including the sale of cigars, or cigarettes, or loose or smokeless tobacco, carried on by the manufacturer. The fee for any such license shall be $10.00 annually."
SECTION 22. Said title is further amended by striking Code Section 48-11-5, relating to licensing of nonresident distributors, and inserting in its place a new Code Section 48-11-5 to read as follows:
"48-11-5. (a)(1) If the commissioner finds that the collection of the tax imposed by this chapter would be facilitated by such action, he the commissioner may authorize any person residing or located outside this state who is engaged in the business of manufacturing cigars, or cigarettes, or loose or smokeless tobacco or any person residing or located outside this state who ships cigars, or cigarettes, or loose or smokeless tobacco into this state for sale to licensed dealers in this state, to be licensed as a distributor and, after the person complies with the commissioners requirements, to affix or cause to be affixed the stamps required by this chapter on behalf of the purchasers of the cigars, or cigarettes, or loose or smokeless tobacco who would otherwise be taxable for the cigars, and cigarettes, and loose or smokeless tobacco. The commissioner may sell tax stamps to an authorized person or may authorize the use of a metering machine by the person as provided in Code Section 48-11-3. (2) The commissioner shall require a bond of a nonresident distributor satisfactory to the commissioner and in an amount not to exceed $10,000.00, conditioned upon the payment of the tax and compliance with any other requirements specified by the commissioner. As a condition of authorization as provided in this Code section, a nonresident distributor shall agree to submit his the distributors books, accounts, and records for examination by the commissioner or his the commissioners duly authorized agent during reasonable business hours and shall appoint in writing an agent who resides in this state for the purpose of service. Service upon an agent shall be sufficient service upon the nonresident distributor and may be made by leaving a duly attested copy of the process with the agent. When legal process against any nonresident distributor is served upon the agent, the agent shall notify the nonresident distributor in the manner specified in Code Section 40-12-2. (3) Upon the grant of authorization as provided in this subsection and except as may otherwise be determined by the commissioner, a nonresident distributor shall become a licensed distributor within the meaning of this chapter and shall be subject to all provisions of this chapter applicable to licensed distributors.

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(b) Every nonresident manufacturer and every nonresident distributor of cigars, or cigarettes, or loose or smokeless tobacco making shipments of cigars, or cigarettes, or loose or smokeless tobacco by common carrier or otherwise for their own account or for the account of others to distributors or dealers located within this state shall make reports of the shipments when and as required by rules and regulations of the commissioner."
SECTION 23. Said title is further amended by striking Code Section 48-11-8, relating to sale or possession prohibitions and inserting in its place a new Code Section 48-11-8 to read as follows:
"48-11-8. (a)(1) No person shall sell, offer for sale, or possess with intent to sell any cigarettes in this state when the cigarette container does not bear the tax stamps required by Code Section 48-11-3. (2) No person shall sell, offer for sale, or possess with intent to sell in this state any cigars or little cigars upon which the tax has not been paid under the alternate method of collecting the taxes provided in Code Section 48-11-3 or which do not bear tax stamps. (3) No person shall sell, offer for sale, or possess with intent to sell any loose or smokeless tobacco in this state when the loose or smokeless tobacco container does not bear the tax stamps required by Code Section 48-11-3 or upon which the tax has not been paid under the alternate method of collecting the tax provided under Code Section 48-11-3.
(b) Each distributor at the location for which his such distributors license is issued and in the manner specified by the commissioner shall affix the stamps required by this Code section to each individual package of cigarettes sold or distributed by him such distributor. Each distributor shall comply with the commissioners regulations for the payment of the tax on cigars or loose or smokeless tobacco as provided in Code Section 48-11-3 or shall affix to each container of cigars or loose or smokeless tobacco sold by him such distributor or from which he such distributor sells cigars or loose or smokeless tobacco the stamps required by this chapter. The stamps may be affixed or the tax under the alternate method may be paid by a distributor at any time before the cigars, or cigarettes, or loose or smokeless tobacco is are transferred out of his such distributors possession. (c) It is the intent of this chapter that the tax imposed by this chapter be paid only once and that, if the distributor acquires stamped cigarettes, tax-paid cigars, or stamped cigars, stamped loose or smokeless tobacco, or tax-paid loose or smokeless tobacco, such distributor he is not required to affix additional stamps or provide other evidence of payment of the tax. (d) Every dealer who comes into possession of cigars, or cigarettes, or loose or smokeless tobacco not bearing proper tax stamps or other evidence of the tax imposed by this chapter shall report the cigars, or cigarettes, or loose or smokeless tobacco to the commissioner prior to displaying, selling, using, or otherwise disposing of the cigars,

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and cigarettes, and loose or smokeless tobacco. After a report, the commissioner shall authorize a licensed distributor to affix the proper stamps to the cigars, and cigarettes, and loose or smokeless tobacco or, in the case of cigars or loose or smokeless tobacco, authorize the dealer to remit the tax by the alternate method promulgated by the commissioner in accordance with Code Section 48-11-3. A licensed distributor shall affix the stamps or comply with the alternate regulations when presented a permit for such action issued by the commissioner. A licensed distributor shall stamp cigarettes or comply with the alternate method provided in this chapter with respect to cigars or loose or smokeless tobacco, other than his such distributors own, only when authorized by the permit issued by the commissioner. (e) No wholesale or retail distributor or wholesale or retail dealer shall accept deliveries of unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars or loose or smokeless tobacco which are is shipped to him such distributor or acquired by him such distributor at any place within the state except as authorized and provided in this Code section. All cigars, and cigarettes, and loose or smokeless tobacco shall be examined by the distributor or dealer on receipt, and the distributor shall immediately report the cigars, or cigarettes, or loose or smokeless tobacco to the commissioner as provided in subsection (d) of this Code section. (f) The commissioner may prescribe the charges which may be made by a distributor to any person for the services of the distributor as provided in this chapter in affixing the tax stamps to each individual package of cigarettes or loose or smokeless tobacco and may prescribe the charges which may be made by a distributor in complying with the commissioners alternate regulations for the collection of the tax on cigars and little cigars or loose or smokeless tobacco. (g) This Code section shall not apply to unstamped cigars and little cigars or loose or smokeless tobacco upon which the tax has been paid in accordance with the alternate regulations promulgated by the commissioner under Code Section 48-11-3."
SECTION 24. Said title is further amended by striking Code Section 48-11-9, relating to seizure of contraband, and inserting in its place a new Code Section 48-11-9 to read as follows:
"48-11-9. (a)(1) Any cigars, or cigarettes, or loose or smokeless tobacco found at any place in this state without stamps affixed to them as required by this chapter are declared to be contraband articles and may be seized by the commissioner, his the commissioners agents or employees, or any peace officer of this state when directed by the commissioner to do so. (2) Paragraph (1) of this subsection shall not apply when: (A) The tax has been paid on the unstamped cigars and little cigars or loose or smokeless tobacco in accordance with the commissioners regulations promulgated pursuant to Code Section 48-11-3; (B) The cigars, or cigarettes, or loose or smokeless tobacco is are in the possession of a licensed distributor;

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(C) The cigars, or cigarettes, or loose or smokeless tobacco is are in course of transit from outside the state and are is consigned to a licensed distributor; (D) The cigars, or cigarettes, or loose or smokeless tobacco is are in the possession of a transporter who is in compliance with Code Section 48-11-22; or (E) The cigars, or cigarettes, or loose or smokeless tobacco is are in the possession of a registered taxpayer as defined in Code Section 48-11-14 and the time for making the report required by Code Section 48-11-14 has not expired. (3) This subsection shall not be construed to require the commissioner to confiscate unstamped or nontax-paid cigars, and cigarettes, and loose or smokeless tobacco or other property when he the commissioner has reason to believe that the owner of the cigars, cigarettes, loose or smokeless tobacco, or property is not willfully or intentionally evading the tax imposed by this chapter. (b) Any cigars, cigarettes, loose or smokeless tobacco, or other property seized pursuant to this chapter may be offered for sale by the commissioner, at his the commissioners discretion, at public auction to the highest bidder after advertisement as provided in this Code section. The commissioner shall deliver to the Office of Treasury and Fiscal Services the proceeds of any sale made under this Code section. Before delivering any cigars, or cigarettes, or loose or smokeless tobacco sold to a purchaser at the sale, the commissioner shall require the purchaser to affix to the packages the amount of stamps required by this chapter or to comply with the commissioners alternate method. The seizure and sale of any cigars, cigarettes, loose or smokeless tobacco, or property pursuant to this chapter shall not relieve any person from a fine, imprisonment, or other penalty for violation of this chapter. (c) When any cigars, cigarettes, loose or smokeless tobacco, or other property has been seized pursuant to this chapter, the commissioner, at his the commissioners discretion, may advertise them it for sale in a newspaper published or having a circulation in the place in which the seizure occurred, at least five days before the sale. Any person claiming an interest in the cigars, cigarettes, loose or smokeless tobacco, or other property may make written application to the commissioner for a hearing. The application shall state the persons interest in the cigars, cigarettes, loose or smokeless tobacco, or other property and his such persons reasons why the cigars, cigarettes, loose or smokeless tobacco, or other property should not be forfeited. Further proceedings on the application for hearing shall be taken as provided in subsection (a) of Code Section 48-11-18. No sale of any cigars, cigarettes, loose or smokeless tobacco, or property seized pursuant to this chapter shall be made while an application for a hearing is pending before the commissioner. The pendency of an appeal under subsection (b) of Code Section 48-11-18 shall not prevent the sale unless the appellant posts a satisfactory bond with surety in an amount double the estimated value of the cigars, cigarettes, loose or smokeless tobacco, or other property and conditioned upon the successful termination of the appeal. (d) Any vending machine containing or dispensing any cigarettes or loose or smokeless tobacco which do does not bear the tax stamps required under this chapter or containing or dispensing any cigars or loose or smokeless tobacco upon which the tax has not been

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paid either through the purchase of stamps or the alternate procedure provided by the commissioner as required under this chapter shall be a contraband article. The commissioner may seize any such machine and deal with it in the same manner as provided by law for the seizure and sale of unstamped cigarettes or loose or smokeless tobacco and nontax-paid cigars or loose or smokeless tobacco."
SECTION 25. Said title is further amended by striking Code Section 48-11-10, relating to monthly reports, and inserting in its place a new Code Section 48-11-10 to read as follows:
"48-11-10. (a) Every licensed distributor shall file with the commissioner, on or before the tenth day of each month, a report in the form prescribed by the commissioner and disclosing:
(1) The number quantity of cigars, or cigarettes, or loose or smokeless tobacco on hand on the first and last days of the calendar month immediately preceding the month in which the report is filed; (2) Information required by the commissioner concerning the amount of stamps purchased, used, and on hand during the report period; and (3) Information otherwise required by the commissioner for the report period. (b) The commissioner may require other reports as he the commissioner deems necessary for the proper administration of this chapter including, but not limited to, reports from common carriers and warehousemen with respect to cigars, and cigarettes, and loose or smokeless tobacco delivered to or stored at any point in this state. (c) Any person who fails to file any report when due shall forfeit as a penalty for each day after the due date until the report is filed the sum of $1.00, to be collected in the manner provided in subsection (c) of Code Section 48-11-24 for the collection of penalties."
SECTION 26. Said title is further amended by striking subsection (a) of Code Section 48-11-11, relating to records, and inserting in its place a new subsection (a) to read as follows:
"(a) Each distributor and each dealer shall keep complete and accurate records of all cigars, and cigarettes, and loose or smokeless tobacco manufactured, produced, purchased, and sold. The records shall be of the kind and in the form prescribed by the commissioner and shall be safely preserved for three years in an appropriate manner to ensure permanency and accessibility for inspection by the commissioner and his the commissioners authorized agents. The commissioner and his the commissioners authorized agents may examine the books, papers, and records of any distributor or dealer in this state for the purpose of determining whether the tax imposed by this chapter has been fully paid and, for the purpose of determining whether the provisions of this chapter are properly observed, may investigate and examine the stock of cigars, or cigarettes, or loose or smokeless tobacco in or upon any premises including, but not limited to, public and private warehouses where the cigars, or cigarettes, or loose or smokeless tobacco is are possessed, stored, or sold."

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SECTION 27. Said title is further amended by striking subsection (a) of Code Section 48-11-12, relating to assessment of deficiencies and penalties, and inserting in its place a new subsection (a) to read as follows:
"(a)(1) The commissioner shall assess a deficiency and may assess a penalty of 10 percent of the deficiency if, after an examination of the invoices, books, and records of a licensed distributor or dealer or of any other information obtained by the commissioner or his the commissioners authorized agents, the commissioner determines that:
(A) The report of the licensed distributor or licensed dealer is incorrect; (B) The licensed distributor or dealer has not paid the tax in accordance with the alternate regulations promulgated by the commissioner under Code Section 48-11-3; (C) The licensed distributor or dealer has not purchased sufficient stamps to cover his such licensed distributor or dealers receipts for sales or other disposition of unstamped cigarettes or loose or smokeless tobacco and nontax-paid cigars or loose or smokeless tobacco. (2) In any case where a licensed distributor or dealer cannot produce evidence of sufficient stamps purchased or other payment of the tax to cover the receipt of unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars or loose or smokeless tobacco, it shall be assumed that the cigars, and cigarettes, and loose or smokeless tobacco were sold without having either the proper stamps affixed or the tax paid on unstamped cigars or loose or smokeless tobacco."
SECTION 28. Said title is further amended by striking Code Section 48-11-13, relating to certain use, consumption, or storage taxes, and inserting in its place a new Code Section 48-11-13 to read as follows:
"48-11-13. (a) There is imposed a tax on every person for the privilege of using, consuming, or storing cigars, and cigarettes, and loose or smokeless tobacco in this state on which the tax imposed by Code Section 48-11-2 has not been paid. The tax shall be measured by and graduated in accordance with the volume of cigars, and cigarettes, and loose or smokeless tobacco used, consumed, or stored as set forth in Code Section 48-11-2. (b) This Code section shall not apply to:
(1) Cigars, or cigarettes, or loose or smokeless tobacco in the hands of a licensed distributor or dealer; (2) Cigars, or cigarettes, or loose or smokeless tobacco in the possession of a carrier complying with Code Section 48-11-22; (3) Cigars, or cigarettes, or loose or smokeless tobacco stored in a public warehouse; (4) Cigarettes in an amount not exceeding 200 cigarettes which have been brought into the state on the person; or (5) Cigars in an amount not exceeding 20 cigars which have been brought into the state on the person.; or

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(6) Loose or smokeless tobacco in an amount not exceeding six containers which has been brought into the state on the person."
SECTION 29. Said title is further amended by striking subsection (a) of Code Section 48-11-14, relating to registration, reports, and tax payments, and inserting in its place a new subsection (a) to read as follows:
"(a) Before any person acquires cigars, or cigarettes, or loose or smokeless tobacco subject to the tax imposed by Code Section 48-11-13, he such person shall register with the commissioner as a responsible taxpayer subject to the obligation of maintaining records and making reports in the form prescribed by the commissioner. The report shall be made on or before the tenth day of the month following the month in which the cigars, or cigarettes, or loose or smokeless tobacco was were acquired and shall be accompanied by the amount of tax due."
SECTION 30. Said title is further amended by striking Code Section 48-11-15, relating to claims for refunds, and inserting in its place a new Code Section 48-11-15 to read as follows:
"48-11-15. The Office of Treasury and Fiscal Services is authorized to pay, on the order of the commissioner, claims for refunds of cigar, or cigarette, or loose or smokeless tobacco taxes found by the commissioner or the courts to be due any distributor, dealer, or taxpayer. The commissioner, upon proof satisfactory to him the commissioner and in accordance with regulations promulgated by him the commissioner, shall refund the cost price of stamps affixed to any package of cigars, or cigarettes, or loose or smokeless tobacco or shall refund the tax paid on cigars or loose or smokeless tobacco under the alternate method when the cigars, or cigarettes, or loose or smokeless tobacco has have become unfit for use, consumption, or sale and have has been destroyed or shipped out of the state."
SECTION 31. Said title is further amended by striking Code Section 48-11-17, relating to status of unpaid tax as a lien, and inserting in its place a new Code Section 48-11-17 to read as follows:
"48-11-17. The amount of any unpaid tax shall be a lien against the property of any distributor or dealer who sells cigars, or cigarettes, or loose or smokeless tobacco without collecting the tax and against the property of any person using or consuming cigars, or cigarettes, or loose or smokeless tobacco without proper stamps affixed to the cigars, or cigarettes, or loose or smokeless tobacco or without the tax paid on the cigars or loose or smokeless tobacco as otherwise provided in this chapter. The commissioner or his the commissioners authorized agents are authorized to seize the property of a delinquent distributor, dealer, or taxpayer and sell it as provided by law to satisfy the claim for

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taxes due under this chapter; or the commissioner may record his the commissioners lien specifying and describing the property against which the lien is effective, and the lien shall be good as against any other person until the claim for taxes is satisfied."
SECTION 32. Said title is further amended by striking subsection (a) of Code Section 48-11-18, relating to hearings by the commissioner, and inserting in its place a new subsection (a) to read as follows:
"(a) Any person aggrieved by any action of the commissioner or his the commissioners authorized agent may apply to the commissioner, in writing within ten days after the notice of the action is delivered or mailed to him the commissioner, for a hearing. The application shall set forth the reasons why the hearing should be granted and the manner of relief sought. The commissioner shall notify the applicant of the time and place fixed for the hearing. After the hearing, the commissioner may make an order as may appear to him the commissioner to be just and lawful and shall furnish a copy of the order to the applicant. The commissioner at any time by notice in writing may order a hearing on his the commissioners own initiative and require the taxpayer or any other person whom he the commissioner believes to be in possession of information concerning any manufacture, importation, use, consumption, storage, or sale of cigars, or cigarettes, or loose or smokeless tobacco which have has escaped taxation to appear before him the commissioner or his the commissioners duly authorized agent with any specific books of account, papers, or other documents for examination under oath relative to the information."
SECTION 33. Said title is further amended by striking subsection (a) of Code Section 48-11-19, relating to powers and duties of special agents and enforcement officers, and inserting in its place a new subsection (a) to read as follows:
"(a) Each person appointed by the commissioner as a special agent or enforcement officer of the department for the enforcement of the laws of this state with respect to the manufacture, transportation, distribution, sale, possession, and taxation of cigars, cigarettes, and little cigars, and loose or smokeless tobacco shall have the authority throughout the state to:
(1) Obtain and execute warrants for arrest of persons charged with violations of such laws; (2) Obtain and execute search warrants in the enforcement of such laws; (3) Arrest without warrant any person violating such laws in the officers presence or within his such officers immediate knowledge when there is likely to be a failure of enforcement of such laws for want of a judicial officer to issue a warrant; (4) Make investigations in the enforcement of such laws and, in connection with such investigations, to go upon any property outside buildings, whether posted or otherwise, in the performance of his such officers duties; (5) Seize and take possession of all property which is declared contraband under such

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laws; and (6) Carry firearms while performing his such officers duties."
SECTION 34. Said title is further amended by striking Code Section 48-11-22, relating to transportation of certain cigarettes and cigars, and inserting in its place a new Code Section 48-11-22 to read as follows:
"48-11-22. (a) Every person who transports upon the public highways, roads, and streets of this state cigars, or cigarettes, or loose or smokeless tobacco not stamped or on which tax has not been paid in accordance with the alternate regulations provided by the commissioner under Code Section 48-11-3 shall have in his such persons actual possession invoices or delivery tickets for the cigars, and cigarettes, and loose or smokeless tobacco which show the true name and address of the consignor or seller, the true name of the consignee or purchaser, the quantity and brands of the cigars, or cigarettes, or loose or smokeless tobacco transported, and the name and address of the person who has assumed or shall assume the payment of the tax at the point of ultimate destination. In the absence of the invoices or delivery tickets, the cigars, or cigarettes, or loose or smokeless tobacco being transported and the vehicles in which the cigars, or cigarettes, or loose or smokeless tobacco is are being transported shall be confiscated and disposed of as provided in Code Section 48-11-9; and the transporter may be liable for a penalty of not more than $25.00 for each individual carton of cigarettes, and $50.00 for each individual box of cigars, and $25.00 for each individual container of loose or smokeless tobacco being transported by him such person. The penalty shall be recovered as provided in subsection (c) of Code Section 48-11-24. (b) This Code section shall apply only with respect to the transportation of more than 200 cigarettes, or more than 20 cigars, or more than six containers of loose or smokeless tobacco."
SECTION 35. Said title is further amended by striking subsection (a) of Code Section 48-11-23, relating to additional sale requirements, and inserting in its place a new subsection (a) to read as follows:
"(a) It shall be unlawful for any person, with intent to evade the tax imposed by this chapter, to transport cigars, or cigarettes, or loose or smokeless tobacco in violation of Code Section 48-11-22."
SECTION 36. Said title is further amended by striking Code Section 48-11-23.1, relating to additional requirements and seizure and forfeiture of contraband, and inserting in its place a new Code Section 48-11-23.1 to read as follows:
"48-11-23.1.

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(a) As used in this Code section, the term 'package' means a pack, carton, or container of any kind in which cigarettes or loose or smokeless tobacco is are offered for sale, sold, or otherwise distributed, or intended for distribution, to consumers. (b) No tax stamp may be affixed to, or made upon, any package of cigarettes or loose or smokeless tobacco if:
(1) The package differs in any respect with the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. Sec. 1331, et seq., for the placement of labels, warnings, or any other information upon a package of cigarettes or loose or smokeless tobacco that is to be sold within the United States; (2) The package is labeled 'For Export Only,' 'U.S. Tax Exempt,' 'For Use Outside U.S.,' or similar wording indicating that the manufacturer did not intend that the product be sold in the United States; (3) The package, or a package containing individually stamped packages, has been altered by adding or deleting the wording, labels, or warnings described in paragraph (1) or (2) of this subsection; (4) The package has been imported into the United States after January 1, 2000, in violation of 26 U.S.C. Sec. 5754; or (5) The package in any way violates federal trademark or copyright laws. (c) Any person who sells or holds for sale a cigarette packages or loose or smokeless tobacco package to which is affixed a tax stamp in violation of subsection (b) of this Code section shall be guilty of a misdemeanor. (d) Notwithstanding any other provision of law, the commissioner may revoke any license issued under this chapter to any person who sells or holds for sale a cigarette or loose or smokeless tobacco package to which is affixed a tax stamp in violation of subsection (b) of this Code section. (e) Notwithstanding any other provision of law, the commissioner may seize and destroy or sell to the manufacturer, only for export, packages that do not comply with subsection (b) of this Code section. (f) A violation of subsection (b) of this Code section shall constitute an unfair and deceptive act or practice under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'"
SECTION 37. Said title is further amended by striking subsection (a) of Code Section 48-11-24, relating to criminal penalties, and inserting in its place a new subsection (a) to read as follows:
"(a) Any person who possesses unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars or loose or smokeless tobacco in violation of this chapter shall be liable for a penalty of not more than $25.00 for each individual carton of unstamped cigarettes or loose or smokeless tobacco and $50.00 for each individual box of nontaxpaid cigars or loose or smokeless tobacco in his or her possession."
SECTION 38. Said title is further amended by striking Code Section 48-11-25, relating to criminal penalties, and inserting in its place a new Code Section 48-11-25 to read as follows:

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"48-11-25. (a)(1) It shall be unlawful for any person, with the intent to evade the tax imposed by this chapter, to possess unstamped cigarettes or loose or smokeless tobacco or nontaxpaid cigars or loose or smokeless tobacco. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor. (b)(1) It shall be unlawful for any person, with the intent to evade the tax imposed by this chapter, to: (A) Sell cigarettes or loose or smokeless tobacco without the stamps required by this chapter being affixed to the cigarettes or loose or smokeless tobacco; or (B) Sell cigars or loose or smokeless tobacco without the stamp or stamps required by this chapter or without the tax being paid on the cigars or loose or smokeless tobacco in accordance with the alternate method. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than ten years." SECTION 39.
Said title is further amended by striking subsection (a) of Code Section 48-11-27, relating to criminal penalties, and inserting in its place a new subsection (a) to read as follows:
"(a) It shall be unlawful for any person to: (1) Make a false entry upon any invoices or any record relating to the purchase, possession, or sale of cigarettes or loose or smokeless tobacco; or (2) With intent to evade any tax imposed by this chapter, present any false entry upon any such invoice or record for the inspection of the commissioner or his the commissioners authorized agents."
SECTION 40. Said title is further amended by striking subsection (a) of Code Section 48-18-3, relating to investments of certified capital and premium tax credits, and inserting in its place a new subsection (a) to read as follows:
"(a) Any certified investor who makes an investment of certified capital pursuant to an allocation of tax credits under Code Section 48-18-4 shall, in the year of investment, earn a vested credit against state premium tax liability equal to 100 percent of the certified investors investment of certified capital. After July 1, 2005 January 1, 2007, a certified investor shall be entitled to take up to 10 percent of such vested tax credits in any taxable year to reduce the certified investors state premium tax liability for such taxable year of the certified investor, plus up to 10 percent of the original amount of any tax credits some or all of which was carried forward unused pursuant to subsection (b) of this Code section; provided, however, that, in the event that a certified investor is unable under the provisions of this Code section to utilize the full 10 percent allowable under the provisions of this subsection for a taxable year, the remainder of such 10

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percent may be taken in a future tax year without regard to the annual limitations of this subsection."
SECTION 41. Said title is further amended by adding a new Code section at the end thereof, to be designated Code Section 48-18-9, to read as follows:
"48-18-9. Notwithstanding any provision of law to the contrary, no provision of this chapter shall be implemented prior to July 1, 2004."
SECTION 42. Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Investigation, is amended by striking Code Section 35-3-8, relating to powers of agents generally, and inserting in its place a new Code Section 35-3-8 to read as follows:
"35-3-8. (a) All properly appointed agents of the bureau shall have the powers, including the power of making arrests and appearing in court, for the enforcement of all criminal statutes pertaining to the manufacture, transportation, distribution, sale, or possession of liquor, wine, beer, alcoholic beverages, cigars, cigarettes, little cigars, cheroots, and stogies, and loose or smokeless tobacco and shall concurrently with agents and enforcement officers appointed by the state revenue commissioner have the authority throughout the state to:
(1) Obtain and execute warrants for the arrest of persons charged with violations of such laws; (2) Obtain and execute search warrants in the enforcement of such laws; (3) Arrest without warrant any person found in violation of such laws, or endeavoring to escape, or if for other cause there is likely to be a failure of enforcement of such laws for want of an officer to issue a warrant; (4) Make investigations in the enforcement of such laws and in connection therewith to go upon any property outside of buildings, posted or otherwise, in the performance of such duties; (5) Seize and take possession of all property which is declared contraband under such laws; and (6) Carry firearms while performing their duties. (b) The enforcement powers conferred in this Code section upon agents of the bureau shall relate only to the enforcement of the criminal provisions relating to the manufacture, transportation, distribution, sale, or possession of liquor, wine, beer, alcoholic beverages, cigars, cigarettes, little cigars, cheroots, and stogies, and loose or smokeless tobacco and shall not extend to regulatory matters with respect to such products under the jurisdiction of the state revenue commissioner."

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SECTION 43. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking subsection (a) of Code Section 50-5-76, relating to tax stamps, and inserting in its place a new subsection (a) to read as follows:
"(a) All cigarette tax stamps, loose or smokeless tobacco tax stamps, fertilizer tax tags, and other stamps, tags, and paraphernalia evidencing the payment of tax collected by the state or any department thereof shall be purchased by the Department of Administrative Services subject to the requisition of any department of the state requiring the use of the tax stamps or tags."
SECTION 44. Said title is further amended by striking Code Section 50-6-5, relating to examinations by the state auditor, and inserting in its place a new Code Section 50-6-5 to read as follows:
"50-6-5. The state auditor shall, upon the request of either the Governor or the state revenue commissioner, make an examination into and report upon the necessary books, records, and accounts of those persons, firms, and corporations required by law to pay an occupational tax as distributors of motor fuels and also, at the request of the state revenue commissioner, of those persons, firms, and corporations required by law to pay a tax upon the retail sales price of cigarettes, and cigars, and loose or smokeless tobacco, as prescribed in Code Section 48-11-2. The examination is to be made at such time as shall be fixed by the state revenue commissioner and for the purpose and to the extent of ascertaining whether or not the tax has been paid and collected as provided by law."
SECTION 45. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-89-2, relating to appropriations for homeowner tax relief grants, and inserting in its place a new Code Section 36-89-2 to read as follows:
"36-89-2. In any each year the General Assembly may shall appropriate funds for homeowner tax relief grants to counties, municipalities, and county or independent school districts, in order to provide for more effective regulation and management of the finance and fiscal administration of the state and pursuant to and in furtherance of the provisions of Article III, Section IX, Paragraph II(c) of the Constitution; Article VII, Section III, Paragraph III of the Constitution; Article VIII, Section I, Paragraph I of the Constitution; and other provisions of the Constitution."
SECTION 46. Said title is further amended by striking Code Section 36-89-3, relating to specification requirements of homeowner tax relief grant appropriations, and inserting in its place a new Code Section 36-89-3 to read as follows:
"36-89-3.

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In any each year the General Assembly may shall appropriate to the Department of Revenue funds to provide homeowner tax relief grants to counties, municipalities, and county or independent school districts. When funds are so appropriated, the General Appropriations Act shall specify the amount appropriated and the eligible assessed value of each qualified homestead in the state for the specified tax year, which eligible assessed value shall, subject to annual appropriation by the General Assembly, be not less than that specified in the Fiscal Year 2004 General Appropriations Act. If for any reason the amount appropriated in the General Appropriations Act is insufficient to fund the eligible assessed value stated in the General Appropriations Act, the amount appropriated may be adjusted in amendments to the General Appropriations Act."

SECTION 47. (a) Except as otherwise provided in this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 2, 5, 6, 7, and 8 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2003. (c) Sections 3 and 9 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all calendar quarters beginning on or after April 1, 2004. (d) Sections 18 through 39 and 42 through 44 of this Act shall become effective July 1, 2003. (e) Section 4 of this Act shall become effective January 1, 2006. (f) Sections 10, 14, 15, 16, and 17 of this Act shall become effective January 1, 2004.

SECTION 48. All laws and parts of laws in conflict with this Act are repealed.

Senator Squires of the 5th moved the previous question.

On the motion, the President ordered a roll call, and the vote was as follows:

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

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

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

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

Y Lee Y Levetan Y Me V Bremen Y Moody N Mullis Y Price Y Reed Y Seabaugh

Y Thomas,N Y Thomas,R Y Thompson Y Tolleson N Unterman Y Williams Y Zamarripa

On the motion, the yeas were 43, nays 11; the motion prevailed, and the previous question was ordered.

Senator Price of the 56th moved that the Senate adopt the Conference Committee report on HB 43.

On the motion, 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 N Cagle Y Cheeks Y Clay N Collins N Crotts N Dean N Fort N Gillis Y Golden Y Hall Y Hamrick

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

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

On the motion, the yeas were 30, nays 26; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 43.

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

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Mr. President:

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

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

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.

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.

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

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.

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

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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.

The House has disagreed to the Senate amendments to the following Bill of the House:

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 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.

The House insists on its position in amending the Senate substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the House:

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.

The Speaker has appointed on the part of the House, Representatives Parrish of the 102nd, Maddox of the 59th, Post 2, and Burkhalter of the 36th.

The following bill was taken up to consider the Conference Committee report thereto:

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

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public-private initiatives; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Conference Committee report was as follows:

The Committee of Conference on SB 257 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 257 be adopted.

Respectfully submitted, FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Williams of the 19th /s/ Senator Stephens of the 51st /s/ Senator Moody of the 27th

/s/ Representative Twiggs of the 8th /s/ Representative Channell of the 77th /s/ Representative Ehrhart of the 28th

COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 257

A BILL TO BE ENTITLED AN ACT

To amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the general powers of the Department of Transportation, so as to permit the acceptance of unsolicited proposals from private entities; to authorize the department to accept and evaluate unsolicited proposals for public-private initiatives; to authorize contracts for public-private initiatives; to provide for definitions; 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 Transportations 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; 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 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, is amended by adding a new Code Section 32-2-78 to read as follows:
"32-2-78. As used in this chapter, the term: (1) 'Department' means the Georgia Department of Transportation. (2) 'Private contribution' means resources supplied by a private entity to accomplish all

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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. 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. (3) 'Public-private initiative' means a nontraditional arrangement between the department 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. (4) 'Transportation system' means the state transportation infrastructure and related systems, including highways, roadways and associated rights of way, bridges, tunnels, overpasses, ferries, airports, port facilities, vehicle parking facilities, park-and-ride lots, transit systems, transportation management systems, intelligent vehicle highway systems, or similar facilities used for the transportation of persons or goods, together with any other property, buildings, structures, parking areas, appurtenances, and facilities needed to operate such system, including any major transportation facility as defined by subparagraph (a)(3) of Code Section 32-2-3, and any other facility for other transportation purposes as defined by paragraph (18) of Code Section 32-1-3. (5) '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 department concerning a transportation system project but that is not in response to a formal solicitation or request issued by the department."
SECTION 2. Said chapter is further amended by adding new Code sections to read as follows:
"32-2-79. (a) The department 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 department 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 state transportation improvement program within the department or, if it is similar to a project in the state transportation improvement program, that such project has not been fully funded by the department or any other entity as of the date the proposal is submitted. Unique or innovative features which may be considered by the department 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 department rules or regulations;

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(2) Is independently originated and developed by the proposer; and (3) Includes or is accompanied by:
(A) Such detail and information as the department 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 50-18-70, et seq., and an itemized, auditable listing of the costs associated with the development of the proposal; and (B) Such fees as may be required by the rules and regulations of the department for submission of such proposals. (c) Paragraph (1) of subsection (b) of this Code section shall not be deemed to prohibit the department from encouraging the submission of unsolicited proposals that are welldeveloped and consistent with the departments 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 department shall return the proposal without further action. In taking such action, the department 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 department may further evaluate the proposal pursuant to this Code section. (e) Within 30 days of receipt of an unsolicited proposal that meets the requirements of subsection (b) of this Code section, the department 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 department may develop for such purpose or in the same manner as publications providing notice as described in Code Section 32-2-65; (2) Be provided to any person or entity that expresses in writing to the department an interest in the subject matter of the proposal and to any member of the General Assembly whose House or Senate district would be affected by such 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 person or entity who elects to submit a competing proposal for the proposed qualifying project to the department shall submit a written letter of intent to do so by no later than 30 days after the departments initial publication of the notice. Any letter of intent received by the department after the expiration of the 30 day period shall not be valid and any competing proposal submitted thereafter by a person or entity who has not submitted a timely letter of intent shall not be considered by the department and

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shall be returned to the person or entity who did not submit a letter of intent by the deadline. For those persons or entities who elect to submit a competing proposal and submit a timely letter of intent with the department, any such competing proposal shall be submitted to the department by no later than 90 days after the departments initial publication of the notice required by this Code section. Only those competing, compliant proposals submitted by such deadline shall be considered by the department. (g) Upon receipt of a proposal properly submitted in response to the notice described in subsection (e) of this Code section which fully meets the requirements of subsection (b) of this Code section, the department 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 department 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 departments 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 department has concluded its evaluation of the unsolicited proposal and any comparable proposals, the department may execute a commitment agreement with the entity submitting the most desirable proposal as determined by the departments evaluation process. At least two weeks prior to approval of any project, the department shall present to the House and Senate transportation committees a report with respect to the proposed commitment agreement. Such commitment agreement shall indicate the departments commitment to undertake a public-private initiative to execute the proposal if, after public comment: (1) The department determines that the project is financially feasible and in the public interest; and (2) The department and the proposer can arrive at agreeable terms and conditions, including price of the project. (j) The department may execute a commitment agreement relating to an unsolicited proposal or conforming comparable proposal only if: (1) The proposal receives a favorable evaluation; (2) The department makes a written determination based on facts and circumstances

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that the proposal is an acceptable basis for an agreement to obtain services from the entity making the proposal; and (3) The specific commitment agreement is specifically approved by affirmative vote of the State Transportation Board. (k) Once the commitment agreement is signed by the parties, prior to final contracting for any public-private initiative from the unsolicited or conforming comparable proposal, the department: (1) Should provide public notice that the department 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, and upon such electronic website providing for general public access as the department may develop for such specific purpose, or in the same manner as publications providing notice as described in Code Section 32-2-65, 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 department an interest in the subject matter of the proposal; (C) Outline the general nature and scope of the 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 department shall not disclose either the originality of the research or any proprietary information associated with the proposal as listed by the proposer required by paragraph (3) of subsection (b) of this Code section. (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. At all times thereafter, the department 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. (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 chapter. (o) The department or the departments designee has the authority to make the determination and take the actions required by this Code section. (p) If the department rejects or declines to accept an unsolicited proposal but, within a period of two years following the submission of such proposal the department contracts for a substantially similar project, the department shall reimburse the proposer of the unsolicited proposal for the auditable costs associated with the preparation and

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development of the proposal upon a request for reimbursement to the department. This provision shall not apply if the department accepts a conforming comparable proposal through the procedures outlined in subsections (f) and (g) of this Code section.
32-2-80. (a) If the department follows the evaluation criteria set forth in Code Section 32-2-79 and if an unsolicited proposal contains all the information required by that Code section and the proposal is accepted by the department as demonstrated by the execution of a commitment agreement, upon completion of the public comment period, the department 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. Such contracts shall be in compliance with all other applicable federal and state laws and each specific contract shall be specifically approved by affirmative vote of the State Transportation Board. (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. The department may take any action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this chapter and may enter into any contracts required to receive such assistance. Any funds received from the state or federal government or any agency or instrumentality thereof shall be subject to appropriation as provided by the Constitution and laws of this state. The department may determine that it serves the public purpose of this chapter for all or any portion of the costs of a qualifying project to be paid, directly or indirectly, from the proceeds of a grant or loan made by the federal, state, or local government or any instrumentality thereof, including, but not limited to, the State Road and Tollway Authority. The department may agree to make grants or loans to the operator from time to time from amounts received from the federal, state, or local government or any agency or instrumentality, including, but not limited to, the State Road and Tollway Authority. (c) The department, 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 department 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 32-2-79."
SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 32-2-69, relating to award of contract to lowest reliable bidder, procedure upon rejection of bids, receipt of only one bid, error in bidding documents, or release or refusal of acceptance by lowest reliable bidder, in its entirety and inserting in its place the following:
"(a) Except as authorized by Code Sections 32-2-79 and 32-2-80, the The department shall award the contract to the lowest reliable bidder, provided that the department shall

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have the right to reject any and all such bids whether such right is reserved in the public
notice or not and, in such case, the department may readvertise, perform the work itself, or abandon the project."
SECTION 4. Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass
transportation, is amended in Code Section 32-9-2, relating to operation by Department
of Transportation of facilities or systems and financial assistance to systems, by striking
paragraph (3) of subsection (b) and inserting in its place the following: "(3) The departments participation with state funds in those programs specified in paragraphs (1) and (2) of this subsection may be in either cash, products, or in-kind
services. The departments participation with state funds shall be limited to a
maximum of 10 15 percent of the cost of the program. The remainder shall be
provided from sources other than department funds or from revenues from the operation of public mass transportation systems."

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Williams of the 19th moved that the Senate adopt the Conference Committee report on SB 257.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
Y Blitch Bowen
N Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay
Collins Y Crotts Y Dean
Fort Y Gillis
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 Y Price N 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
Thompson Y Tolleson
Unterman Y Williams Y Zamarripa

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On the motion, the yeas were 44, nays 3; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 257.

Senator Hill of the 4th moved that the Senate adopt the Conference Committee report on HB 122.

On the motion, 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
Cagle Y Cheeks Y Clay Y Collins N 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 Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh

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

On the motion, the yeas were 44, nays 11; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 122.

The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:

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Amend the Senate amendment to HB 748 (AM 14 0640) on line 4 between the words "to" "rental" insert "residential" and on line 10 between "of " and "rental" insert "residential" and on line 13 between "of" and "rental" insert "residential", and on line 13 strike "and the collection of a fee for inspection of such property", and on line 13 after "." add "Conditions which appear to be code violations which are in plain view may form the basis for probable cause."

Senator Thompson of the 33rd moved that the Senate agree to the House amendment to the Senate amendment to HB 748.

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
Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall
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
Lee Y Levetan Y Me V Bremen Y Moody Y Mullis N Price
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 motion, the yeas were 50, nays 2; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 748.

The following bill was taken up to consider House action thereto:

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

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3315

while a child is restrained in a child passenger restraining system; and for other purposes.
Senator Tanksley of the 32nd asked unanimous consent that the Senate adhere to its disagreement to the House amendment to the Senate substitute and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Tanksley of the 32nd, Clay of the 37th and Hall of the 22nd.
The following bill was taken up to consider House action thereto:
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.
Senator Balfour of the 9th asked unanimous consent that the Senate insist on its amendment to HB 290.
The consent was granted, and the Senate insisted on its amendment to HB 290.
The following bill was taken up to consider the Conference Committee report #1 thereto:
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 Conference Committee report #1 was as follows:
The Committee of Conference on SB 167 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 167 be adopted.

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Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Lamutt of the 21st /s/ Senator Seabaugh of the 28th /s/ Senator Golden of the 8th

/s/ Representative Smith of the 13th, Post 2 Representative Teilhet of the 34th, Post 2 Representative Orrock of the 51st

COMMITTEE OF CONFERENCE 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 amend Code Section 34-8-195 of the Official Code of Georgia Annotated, relating to determination of eligibility for unemployment benefits generally, so as to provide that employees of employee leasing companies and professional employer organizations shall be presumed to have voluntarily left employment without good cause if the employees do not contact the employee leasing companies and professional employer organizations for reassignment upon the completion of an assignment; 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 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by striking subparagraph (d)(4)(B) of Code Section 34-8-156, 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:

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3317

Equals or Exceeds 1.5 percent 1.25 percent 0.75 percent Under 0.75 percent

But Is Less Than 1.7 percent 1.5 percent 1.25 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, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.00 percent, then the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 35 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155."
SECTION 2. Code Section 34-8-195 of the Official Code of Georgia Annotated, relating to determination of eligibility for unemployment benefits generally, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) An individual shall not be deemed to be unemployed in any week such individual refuses an intermittent or temporary assignment without good cause when the assignment offered is comparable to previous work or assignments performed by the individual or meets the conditions of employment previously agreed to between the individual and the employer. Such individual may be considered unemployed with respect to any week an assignment or work is not offered by the employer; provided, however, an employee of a temporary help contracting firm, an employee leasing company, or a professional employer organization as defined in Code Section 34-7-6 will be presumed to have voluntarily left employment without good cause if the employee does not contact the temporary help contracting firm, employee leasing company, or professional employer organization for reassignment upon completion of an assignment; provided, further, that such failure to contact the temporary help contracting firm, employee leasing company, or professional employer organization will not be considered a voluntary departure from employment unless the employee has been advised in writing of the obligation to contact the firm such employer upon completion of assignments and has been advised in writing that unemployment benefits may be denied for failure to do so."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Senator Lamutt of the 21st moved that the Senate adopt the Conference Committee report #1 on SB 167.

On the motion, a roll call was taken, and the vote was as follows:

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

Harbison Y Harp Y Henson Y Hill
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 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
Thompson Y Tolleson Y Unterman
Williams Y Zamarripa

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report #1 on SB 167.

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

Mr. President:

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

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

FRIDAY, APRIL 25, 2003

3319

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 House has agreed to the Senate amendment to the following Bill of the House:

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.

The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:

The Committee of Conference on HB 792 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 792 be adopted.

Respectfully submitted, FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Johnson of the 1st /s/ Senator Smith of the 52nd /s/ Senator Golden of the 8th

/s/ Representative Porter of the 119th /s/ Representative Bordeaux of the 125th /s/ Representative Oliver of the 56th, Post 2

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 792

A BILL TO BE ENTITLED AN ACT

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To amend Titles 7, 9, 50, and 51 of the Official Code of Georgia Annotated, relating to banking and finance, civil practice, state government, and torts, respectively, so as to provide for substantive revisions to provisions regarding civil procedure and settlements and dispute resolution; to change certain provisions regarding interest on judgments; to provide for vacation of an arbitration award based upon an arbitrators manifest disregard for the law; to provide for the comprehensive revision of provisions regarding class actions; to provide for procedures, conditions, and limitations; to change provisions relating to dismissal of actions; to change provisions relating to jurisdiction; 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 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. 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 judgments, 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 rate 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. (d) This Code section shall apply to all civil actions filed on or after the effective date of this Code section."
SECTION 2. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking subsection (b) of Code Section 9-9-13, relating to vacation of award by court, application, grounds, rehearing, and appeal of order, and inserting in lieu thereof the following:
"(b) The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the court finds that the rights of that party were prejudiced by:

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3321

(1) Corruption, fraud, or misconduct in procuring the award; (2) Partiality of an arbitrator appointed as a neutral; (3) An overstepping by the arbitrators of their authority or such imperfect execution of it that a final and definite award upon the subject matter submitted was not made; or (4) A failure to follow the procedure of this part, unless the party applying to vacate the award continued with the arbitration with notice of this failure and without objection; or (5) The arbitrators manifest disregard of the law."
SECTION 3. Said title is further amended by striking Code Section 9-11-23, relating to class actions, and inserting in lieu thereof the following:
"9-11-23. (a) Representation. If persons constituting a class are so numerous as to make it impracticable to bring them all before the court, such of them, one or more, as will fairly ensure the adequate representation of all may, on behalf of all, bring or defend an action when the character of the right sought to be enforced for or against the class is:
(1) Joint, or common, or secondary in the sense that the owner of a primary right refuses to enforce that right and a member of the class thereby becomes entitled to enforce it; or (2) Several, and the object of the action is the adjudication of claims which do or may affect specific property involved in the action. (b) Secondary action by shareholders. In an action brought to enforce a secondary right on the part of one or more shareholders in an association, incorporated or unincorporated, because the association refuses to enforce rights which may properly be asserted by it, the complaint shall be verified by oath and shall aver that the plaintiff was a shareholder at the time of the transaction of which he or she complains or that his or her share thereafter devolved on him or her by operation of law. The complaint shall also set forth with particularity the efforts of the plaintiff to secure from the managing directors or trustees such actions as the plaintiff desires and the reasons for his or her failure to obtain such action or the reasons why irreparable injury to the association, incorporated or unincorporated, would result by waiting for 90 days from the date of the demand upon the managing directors or trustees. This Code section is cumulative of Code Section 14-2-831. (c) Dismissal or compromise. A class action shall not be dismissed or compromised without the approval of the court. If the right sought to be enforced is one defined in paragraph (1) of subsection (a) of this Code section, notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs. If the right is one defined in paragraph (2) of subsection (a) of this Code section, notice shall be given only if the court requires it. 9-11-23.

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(a) One or more members of a class may sue or be sued as representative parties on behalf of all only if:
(1) The class is so numerous that joinder of all members is impracticable; (2) There are questions of law or fact common to the class; (3) The claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) The representative parties will fairly and adequately protect the interests of the class. (b) An action may be maintained as a class action if the prerequisites of subsection (a) of this Code section are satisfied, and, in addition: (1) The prosecution of separate actions by or against individual members of the class would create a risk of:
(A) Inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class; or (B) Adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; (2) The party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or (3) The court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A) The interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) The extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) The desirability or undesirability of concentrating the litigation of the claims in the particular forum; and (D) The difficulties likely to be encountered in the management of a class action. (c)(1) As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained. An order under this subsection may be conditional, and may be altered or amended before the decision on the merits. (2) In any class action maintained under paragraph (3) of subsection (b) of this Code section, the court shall direct to the members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice shall advise each member that: (A) The court will exclude the member from the class if the member so requests by a specified date;

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(B) The judgment, whether favorable or not, will include all members who do not request exclusion; and (C) Any member who does not request exclusion may, if the member desires, enter an appearance through counsel. (3) The judgment in an action maintained as a class action under paragraph (1) or (2) of subsection (b) of this Code section, whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action under paragraph (3) of subsection (b) of this Code section, whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in paragraph (2) of subsection (b) of this Code section was directed, and who have not requested exclusion, and whom the court finds to be members of the class. (4) When appropriate: (A) An action may be brought or maintained as a class action with respect to particular issues; or (B) A class may be divided into subclasses and each subclass treated as a class, and the provisions of this rule shall then be construed and applied accordingly. (d) In the conduct of actions to which this rule applies, the court may make appropriate orders: (1) Determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument; (2) Requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in such manner as the court may direct to some or all of the members of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action; (3) Imposing conditions on the representative parties or on intervenors; and (4) Requiring that the pleadings be amended to eliminate therefrom allegations as to representation of absent persons, and that the action proceed accordingly. The orders may be combined with other orders, and may be altered or amended by the court as may be desirable from time to time. (e) A class action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs. (f) The appropriate appellate court may in its discretion permit an appeal from an order of a trial court granting or denying class action certification under this Code section if application is made to it within ten days after entry of the order. An appeal does not stay proceedings in the trial court unless the trial judge or the appellate court so orders."
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) (e) 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, by: (A) By filing a written notice of dismissal at any time before the plaintiff rests his case. After the plaintiff rests his case, permission and an order of the court must be obtained before dismissal first witness is sworn; or (B) By filing a stipulation of dismissal signed by all parties who have appeared in the action. (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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking Code Section 50-2-21 relating to jurisdiction extending to persons within state limits, and inserting in its place a new Code Section 50-2-21 to read as follows:
"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) A court of this state may 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. In determining the appropriateness of this state or of another forum, the court shall take into account the following factors:
(1) The place of accrual of the cause of action; (2) The location of witnesses; (3) The residence or residences of the parties; (4) Whether a litigant is attempting to circumvent the applicable statute of limitations of another state; and (5) 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 the moving 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

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may dismiss the action without prejudice to its being filed in any appropriate jurisdiction on any condition or conditions that may be just."
SECTION 6. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by striking Code Section 51-12-14, relating to unliquidated damages, and inserting in lieu thereof the following:
"51-12-14. (a) Where a claimant has given written notice by registered or certified mail or statutory overnight delivery to a person against whom claim is made of a demand for an amount of unliquidated damages in a tort action and the person against whom such claim is made fails to pay such amount within 30 days from the mailing or delivering of the notice, the claimant shall be entitled to receive interest on the amount demanded if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the amount demanded. However, if, at any time after the 30 days and before the claimant has withdrawn his or her demand, the person against whom such claim is made gives written notice by registered or certified mail or statutory overnight delivery of an offer to pay the amount of the claimants demand plus interest under this Code section through the date such notice is given, and such offer is not accepted by the person making the demand for unliquidated damages within 30 days from the mailing or delivering of such notice by the person against whom such claim is made, the claimant shall not be entitled to receive interest on the amount of the demand after the thirtieth day following the date on which the notice of the offer is mailed or delivered even if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the sum demanded pursuant to this Code section. (b) Any written notice referred to in subsection (a) of this Code section may be given on only one occasion and shall specify that it is being given pursuant to this Code section. (c) The interest provided for by this Code section shall be at the rate of 12 percent per annum an annual rate 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 last written notice plus 3 percent, and shall begin to run from the thirtieth day following the date of the mailing or delivering of the written notice until the date of judgment. This subsection shall apply to all civil actions filed on or after the effective date of this subsection. (d) Evidence or discussion of interest on liquidated damages, as well as evidence of the offer, shall not be submitted to the jury. Interest shall be made a part of the judgment upon presentation of evidence to the satisfaction of the court that this Code section has been complied with and that the verdict of the jury or the award by the judge trying the case without a jury is equal to or exceeds the amount claimed in the notice. (e) This Code section shall be known and may be cited as the 'Unliquidated Damages Interest Act.'"

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SECTION 7. Said title is further amended by striking Code Section 51-12-71, relating to prerequisites for transfer of structured settlement payment rights, and inserting in lieu thereof the following:
"51-12-71. (a) No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order by a court of competent jurisdiction or order of any government authority vested by law with exclusive jurisdiction over the settled claim resolved by the structured settlement based on express findings by the court or government authority that:
(1) The transfer complies with the requirements of this article and will does not contravene other applicable law any federal or state statute or the order of any court or any responsible administrative authority; (2) The transfer is in the best interest of the payee taking into account the welfare and support of the payees dependents; (2)(3) Not less than ten days prior to the date on which the transfer agreement is executed in writing, the transferee has provided to the payee an informational pamphlet relating to transfers of structured settlements as provided for in subsection (b) of Code Section 51-12-73, when available, and a separate disclosure statement in bold type, no smaller than 14 points, setting forth:
(A) The amounts and due dates of the structured settlement payments to be transferred; (B) The aggregate amount of such payments; (C) The discounted present value of such payments, together with the discount rate used in determining such discounted present value; (D) The gross amount payable to the payee in exchange for such payments; (E) An itemized listing of all brokers commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, legal fees, notary fees and other commissions, fees, costs, expenses, and charges payable by the payee or deductible from the gross amount otherwise payable to the payee; (F) The net amount payable to the payee after deduction of all commissions, fees, costs, expenses, and charges described in subparagraph (E) of this paragraph; (G) The quotient (expressed as a percentage) obtained by dividing the net payment amount by the discounted present value of the payments; and (H) The amount of any penalty and the aggregate amount of any liquidated damages (inclusive of penalties) payable by the payee in the event of any breach of the transfer agreement by the payee; and (3) Written notice at least two business days prior to the effective execution of the transfer agreement has been provided by the transferee to the annuity issuer and the structured settlement obligor by certified mail or statutory overnight delivery, postage prepaid; and

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(4) The transferee has given written notice of the transferees name, address, and taxpayer identification number to the annuity issuer and the structured settlement obligor and has filed a copy of the notice with the court. (b) At least 20 days before the hearing which is scheduled on an application for authorizing a transfer of structured settlement payment rights under this Code section, the transferee shall file with the court and deliver to all interested parties a notice of the proposed transfer and the application for its authorization. The notice shall include the following: (1) A copy of the transferees application to the court; (2) A copy of the transfer agreement; (3) A copy of the disclosure statement required under paragraph (3) of subsection (a) of this Code section; (4) Notification that an interested party may support, oppose, or otherwise respond to the transferees application, either in person or through counsel, by participating in the hearing or by submitting written comments to the court; and (5) A rule nisi containing notification of the time and place of the hearing and notification of the manner in and the time by which any written response to the application must be filed in order to be considered by the court. A written response shall be filed within 15 days after service of the transferees notice. (c) Delivery of notice as required by subsection (b) of this Code section may be made as provided in Code Section 9-11-4 or by registered or certified mail, return receipt requested. Notice by registered or certified mail is effective upon the date of delivery as shown on the return receipt. If notice by registered or certified mail is refused or returned undelivered, notice shall be delivered as provided in Code Section 9-11-4. (d) The venue for any application brought under this Code section shall be in the county in which any transferee or transferor resides or in any county in which any of the transferees or transferors have consented to venue."
SECTION 8. Said title is further amended by striking Code Section 51-12-72, relating to required transfer agreements, and inserting in lieu thereof the following:
"51-12-72. (a) Any transfer agreement of structured settlement payment rights must, in addition to the other requirements of this article, be executed in writing and filed as provided in Code Section 51-12-71. The transfer agreement shall not be so executed until after the expiration of the ten-day period provided for in paragraph (2) (3) of Code Section 5112-71. (b) No payee shall incur any obligation of any type with respect to a proposed transfer of structured settlement payment rights prior to the execution in writing of the transfer agreement. (c) Any payee who executes in writing a transfer agreement shall have the right to rescind the transfer at any time within the next 21 days following the written execution of the transfer agreement or at the hearing provided for in subsection (b) of Code

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Section 51-12-71, whichever event occurs last. The transferee shall furnish to the payee at the time of execution of the transfer agreement a notice to the payee allowing the payee 21 days to cancel the transfer. This right to cancel shall not limit or otherwise affect the payees right to cancel pursuant to any other provision of applicable law. The notice shall serve as the cover sheet to the transfer documents. It shall be on a separate sheet of paper with no other written or pictorial material, in at least ten-point bold type, double spaced, and shall read substantially as follows:

'NOTICE OF CANCELLATION RIGHTS: Please read this form completely and carefully. It contains valuable cancellation rights. You may cancel this transaction at any time prior to 5:00 P.M. of the twenty-first day following receipt of this notice or at the hearing on the application for authorization of a transfer of structured settlement payment rights, whichever event occurs last. This cancellation right cannot be waived in any manner. To cancel, sign this form, and mail or deliver it to the address below by 5:00 P.M. of ______________ (the twenty-first day following the transaction). It is best to mail it by certified mail or statutory overnight delivery, return receipt requested, and to keep a photocopy of the signed form and your post office receipt. Address to which cancellation is to be returned: ___________________________________________ I (we) hereby cancel this transaction. _______________________ Payees Signature Date: _______________________.'"

SECTION 9. This Act shall become effective on July 1, 2003, and shall apply to all civil actions filed on or after July 1, 2003.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Senator Johnson of the 1st moved that the Senate adopt the Conference Committee report on HB 792.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Blitch Y Bowen Y Brown

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

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
Reed Seabaugh

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

On the motion, the yeas were 43, nays 2; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 792.

The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:

The Committee of Conference on HB 175 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 175 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Tanksley of the 32nd /s/ Senator Clay of the 37th /s/ Senator Hall of the 22nd

/s/ Representative Mosby of the 59th, Post 3 /s/ Representative Burkhalter of the 36th /s/ Representative Parrish of the 102nd

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COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 175

A BILL TO BE ENTITLED AN ACT

To amend Code Section 16-12-120, relating to certain acts in public transit buses, rapid rail cars, or stations and penalty, so as to provide that a person may consume and possess bottled water in a public transit bus, rapid rail car, or rapid rail station; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 16-12-120, relating to certain acts in public transit buses, rapid rail cars, or stations and penalty, is amended by striking paragraph (4) of subsection (a) and inserting in its place the following:
"(4) Consumes food or beverage or possesses any open food or beverage container, provided that this paragraph shall not apply to resealable bottled water beverages in resealable plastic containers, to an operator of a public transit bus at an authorized layover point, or to a person providing food or beverage to any child under age five; provided, however, that nothing in this paragraph shall preclude a public transit system operated or funded by a county, municipality, or consolidated government from prohibiting the consumption of any beverage in a public transit bus;"

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Squires of the 5th asked unanimous consent that the Senate suspend Senate Rule 156(e) in order to adopt the Conference Committee Report on HB 175. The consent was granted, and Senate Rule 156(e) was suspended.

Senator Squires of the 5th moved that the Senate adopt the Conference Committee report on HB 175.

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 Harbison Y Harp Y Henson
Hill Hooks Y Hudgens

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

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3331

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

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

Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Tolleson Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 175.

The following bill was taken up to consider House action thereto:

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 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.

Senator Clay of the 37th asked unanimous consent that the Senate insist on its amendments to HB 324.

The consent was granted, and the Senate insisted on its amendments to HB 324.

The following bill was taken up to consider House action thereto:

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.

Senator Balfour of the 9th asked unanimous consent that the Senate adhere to its amendments and that a Conference Committee be appointed.

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The consent was granted, and the President appointed as a Conference Committee the following Senators: Balfour of the 9th, Hall of the 22nd and Cheeks of the 23rd.

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

Mr. President:

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

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 following bill was taken up to consider the Conference Committee report thereto:

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 Conference Committee report was as follows:

The Committee of Conference on SB 73 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 73 be adopted.

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3333

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Brush of the 24th /s/ Senator Clay of the 37th /s/ Senator Kemp of the 46th

/s/ Representative Buckner of the 109th /s/ Representative Greene of the 134th /s/ Representative Hill of the 16th

COMMITTEE OF CONFERENCE REPORT ON SB 73

A BILL TO BE ENTITLED AN ACT

To amend Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to prohibit the naming or renaming of state property for any elected public official unless he or she is deceased or has been out of office for at least five years; to provide for the writing off of small amounts due to institutions under the Board of Regents of the University System of Georgia; to provide for movable personal property of institutions under the Board of Regents of the University System of Georgia; to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, so as to provide that certain revenue of the university system shall not lapse; to provide for related matters; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public
property, is amended by adding at the end of Article 1 a new Code section to read as follows:
"50-16-20. On and after July 1, 2003, no property owned by the state including, but not limited to, state parks, buildings, highways, roads, or bridges, shall be officially designated or
redesignated by any state agency or state official by the name and in honor of any elected public official unless the public official is deceased or until he or she has been
out of office for at least five years, and no signs or markers shall be erected which so designate any such state owned property."

SECTION 2. Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, is amended by striking subsection (a) of Code Section 50-16-161, relating to movable personal property, and inserting in lieu thereof the following:

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"(a) This part shall apply to movable personal property for all state agencies, authorities, and entities except for those agencies, authorities, and entities provided for in subsection (a) of Code Section 50-16-161.1, which shall be defined as any item which meets the following criteria:
(1) Any item which is basically nonconsumable and nonexpendable in nature, such as motor vehicles, mechanized and nonmechanized equipment, office equipment, appliances, etc.; (2) Any item with an estimated usable life expectancy of three or more years and an item acquisition cost of $1,000.00 or more; or (3) Any item or items which an agency feels should be included in its personal property inventory even though it fails to meet the criteria outlined above."
SECTION 3. Said chapter is further amended by inserting immediately following Code Section 50-16161 a new Code Section 50-16-161.1 to read as follows:
"50-16-161.1 (a) This Code section shall apply to movable personal property for institutions under the Board of Regents of the University System of Georgia, which shall be defined as any item which meets the following criteria:
(1) Any item which is basically nonconsumable and nonexpendable in nature, including, but not limited to, motor vehicles, mechanized and nonmechanized equipment, office equipment, appliances; (2) Any item with an estimated usable life expectancy of three or more years and an item acquisition cost of $3,000.00 or more; or (3) Any item or items which an agency determines should be included in its personal property inventory even though it fails to meet the criteria of paragraph (1) or (2) of this subsection. (b) The Department of Administrative Services shall be authorized to include or exclude items from the inventory as it deems necessary; and the determination shall be binding upon the various departments, boards, bureaus, commissions, institutions, and other agencies of the state government."

SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 50-16-18, relating to writing off small amounts due to the state, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All state agencies and departments, in order to preserve public funds, are authorized to develop appropriate standards, in conjunction with the Department of Audits and Accounts, which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount unless the agency or department belongs to the Board of Regents of the University System of Georgia in which case the

FRIDAY, APRIL 25, 2003

3335

obligation or charge in favor of the institution under the Board of Regents of the University System of Georgia may be $3,000.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less, or $3,000.00 or less for the institutions of the Board of Regents of the University System of Georgia, has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the publics financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state auditor in a manner and at such times as are reflected in the standards developed by the state auditor and the state agency or department."
SECTION 5. Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia annotated, relating to the university system, is amended by inserting at the end thereof a new Code Section 20-3-86 to read as follows:
"20-3-86. Revenue collected by any or all institutions in the university system from continuing education fees, technology fees, or indirect cost recoveries shall not lapse."
SECTION 6. Section 1 of this Act shall be repealed in its entirety on June 30, 2005, and the remaining sections of this Act shall be repealed in their entirety on June 30, 2006.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Senator Brush of the 24th asked unanimous consent that the Senate suspend Senate Rule 156(e) in order to adopt the Conference Committee Report on SB 73. The consent was granted, and Senate Rule 156(e) was suspended.
Senator Brush of the 24th moved that the Senate adopt the Conference Committee report on SB 73.

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On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch
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
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 N Thomas,N N Thomas,R
Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 50, nays 3; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 73.

The following bill was taken up to consider the Conference Committee report #2 thereto:

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 Conference Committee report #2 was as follows:

The Committee of Conference on SB 167 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 167 be adopted.

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3337

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Lamutt of the 21st /s/ Senator Seabaugh of the 28th /s/ Senator Golden of the 8th

/s/ Representative Parrish of the 102nd /s/ Representative Smith of the 13th, Post 2 /s/ Representative Teilhet of the 34th, Post 2

COMMITTEE OF CONFERENCE 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 amend Code Section 34-8-195 of the Official Code of Georgia Annotated, relating to determination of eligibility for unemployment benefits generally, so as to provide that employees of employee leasing companies and professional employer organizations shall be presumed to have voluntarily left employment without good cause if the employees do not contact the employee leasing companies and professional employer organizations for reassignment upon the completion of an assignment; 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 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by striking subparagraph (d)(4)(B) of Code Section 34-8-156, 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:

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Equals or Exceeds 1.5 percent 1.25 percent 0.75 percent Under 0.75 percent

But Is Less Than 1.7 percent 1.5 percent 1.25 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, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.00 percent, then the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 35 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155. The issues of part-time employment coverage and military transfer coverage will be considered in a study committee to meet in the summer of 2003."
SECTION 2. Code Section 34-8-195 of the Official Code of Georgia Annotated, relating to determination of eligibility for unemployment benefits generally, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) An individual shall not be deemed to be unemployed in any week such individual refuses an intermittent or temporary assignment without good cause when the assignment offered is comparable to previous work or assignments performed by the individual or meets the conditions of employment previously agreed to between the individual and the employer. Such individual may be considered unemployed with respect to any week an assignment or work is not offered by the employer; provided, however, an employee of a temporary help contracting firm, an employee leasing company, or a professional employer organization as defined in Code Section 34-7-6 will be presumed to have voluntarily left employment without good cause if the employee does not contact the temporary help contracting firm, employee leasing company, or professional employer organization for reassignment upon completion of an assignment; provided, further, that such failure to contact the temporary help contracting firm, employee leasing company, or professional employer organization will not be considered a voluntary departure from employment unless the employee has been advised in writing of the obligation to contact the firm such employer upon completion of assignments and has been advised in writing that unemployment benefits may be denied for failure to do so."

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3339

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.

Senator Lamutt of the 21st asked unanimous consent that the Senate suspend Senate Rule 156(e) in order to adopt the Conference Committee Report on SB 167. The consent was granted, and Senate Rule 156(e) was suspended.

Senator Lamutt of the 21st moved that the Senate adopt the Conference Committee report #2 on SB 167.

On the motion, a roll call was taken, and the vote was as follows:

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

Harbison Y Harp N Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt
Lee N 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 N Stokes Y Tanksley N Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Tolleson Y Unterman Williams Y Zamarripa

On the motion, the yeas were 41, nays 5; the motion prevailed, and the Senate adopted the Conference Committee Report #2 on SB 167.

The following bill was taken up to consider the Conference Committee report thereto:

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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.

The Conference Committee report was as follows:

The Committee of Conference on HB 544 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 544 be adopted.

Respectfully submitted, FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Price of the 56th /s/ Senator Balfour of the 9th /s/ Senator Stephens of the 51st

/s/ Representative Jamieson of the 22nd /s/ Representative Heard of the 75th /s/ Representative Skipper of the 116th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 544

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 provide governmental bodies the additional power and authority to enter into, terminate, modify or amend an interest rate swap, cap, floor, collar, or similar arrangement, or any combination thereof or option with respect thereto, as a hedge with respect to the interest rate or rates on any bonds issued or authorized to be issued by such governmental body pursuant to the Revenue Bond Law; to provide for definitions; to provide for procedures, conditions, and limitations; to change certain provisions regarding liability and recitations; to provide for related matters; to provide an effective date; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to revenue bonds, is amended by adding three new paragraphs in Code Section 36-82-61,
relating to definitions, to be designated paragraphs (.1), (2.1), and (2.2), to read as follows:
"(.1) 'Eligible collateral' shall mean any investment eligible for the investment of

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3341

bond proceeds under Code Section 36-82-7, as amended, provided that the credit rating assigned to such investment is at least 'Aa3' from Moodys Investors Service, Inc., or 'AA-' form Standard & Poors Ratings Service, a Division of The McGraw-Hill Companies, Inc., or an equivalent rating from any other nationally-recognized securities ratings agency." "(2.1) 'Hedge contract' means any interest rate swap, cap, floor, collar, or other arrangement similar to the foregoing, or any combination thereof or option with respect thereto, entered into by a governmental body with a qualified hedge provider in connection with the issuance, carrying, or refunding of any bonds issued or authorized to be issued by the governmental body pursuant to this article. (2.2) 'Qualified hedge provider' means any bank, insurance company, or similar financial institution duly qualified to do business in this state, and which either:
(A) Has, at the time of entering into the hedge contract and for the entire term thereof, a long-term, unsecured debt rating or financial strength rating of at least 'Aa3' from Moodys Investors Service, Inc., or 'AA-' from Standard & Poors Ratings Services, a Division of the McGraw-Hill Companies, Inc., or an equivalent rating from any other nationally-recognized securities rating agency; or (B) Provides to the governmental body eligible collateral with a value equal to the value of the hedge contract, with each such value determined simultaneously at least once each calendar month during the term of the hedge contract."
SECTION 2. Said article is further amended in subsection (a) of Code Section 36-82-62, relating to powers as to undertakings and revenue bonds generally, by striking "and" at the end of paragraph (5); by striking the period at the end of paragraph (6), and inserting in its place "; and" and by adding a new paragraph (7) to read as follows:
"(7) To enter into, terminate, amend, or otherwise modify any hedge contract in connection with the issuance, carrying, or refunding of any bonds issued under this article, provided that the following conditions shall have been satisfied:
(A) The governmental body shall specify in reasonable detail the bonds which may be one series or multiple series and which specification may be changed from time to time; provided, however, the remaining conditions set forth in this paragraph are satisfied, to which such hedge contract relates, and shall make a determination, by resolution duly adopted, that the hedge contract is entered into in order to hedge or otherwise manage its interest rate risk in connection with the issuance, carrying, or refunding of such bonds; and (B) The notional amount of the hedge contract does not exceed, at any time during the term thereof, the principal amount of bonds identified by the governmental body pursuant to subparagraph (A) of this paragraph outstanding at such time, and the term of such hedge contract does not exceed the latest maturity date of such bonds so identified."
SECTION 3.

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Said article is further amended by adding a new subsection (c) at the end of Code Section 36-82-65, relating to covenants, to read as follows:
"(c) Notwithstanding any provision of this article to the contrary, in connection with any hedge contract entered into by a governmental body pursuant to this article, such governmental body may, in the resolution or resolutions authorizing the issuance of the related bonds, in any bond resolution, trust indenture or similar arrangement related thereto, or in the hedge contract itself:
(1) Pledge to the punctual payment of amounts due under the hedge contract the revenues of the related undertaking or any part thereof, which pledge may be on parity with or subordinate to any pledge of such revenues made to secure the punctual payment of amounts due with respect to the related bonds; (2) Provide that amounts to be paid to the governmental body by the qualified hedge provider pursuant to the hedge contract shall be included in the revenues of the related undertaking; and (3) Make any additional covenants described in subsection (a) of this Code section for the benefit of the qualified hedge provider as the governmental body may determine are reasonable and appropriate; provided, however, that any pledge of revenues made to or for the benefit of a qualified hedge provider to secure any amount due upon early termination of the related hedge agreement shall be expressly subordinate to any pledge made in favor of the holders of the related bonds. Any hedge contract entered into by a governmental body in connection with the issuance of bonds under this article may be included in the validation proceeding with respect to such bonds."
SECTION 4. Said article is further amended by striking Code Section 36-82-66, relating to liability and recitations, and inserting in its place a new Code Section 36-82-66 to read as follows:
"36-82-66. Revenue bonds issued under this article and any hedge contract entered into relating thereto shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof, nor shall the governmental body issuing or entering into the same be subject to any pecuniary liability thereon. No holder or holders of any such bonds nor any qualified hedge provider under any such hedge contract shall ever have the right to compel any exercise of the taxing power of the governmental body to pay any such bonds or the interest thereon or any amount due under any such hedge contract, nor to enforce payment thereof against any property of the governmental body; nor shall any such bonds or any such hedge contract constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the governmental body. Every bond issued and every hedge contract entered into under this article shall contain a recital setting forth the substance of this Code section."
SECTION 5.

FRIDAY, APRIL 25, 2003

3343

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.

Senator Price of the 56th moved that the Senate adopt the Conference Committee report on HB 544.

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
Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis
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 Y Lee
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
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 motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 544.

The following bill was taken up to consider House action thereto:

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.

The House substitute was as follows:

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A RESOLUTION
Designating the Thelma "T-Lady" Ross Bridge at the Interstate 75 South and U.S. 80 interchange in Macon; commending the Military Veterans of Banks County and designating the Veterans Memorial Highway; Designating the Dean Bryant Intersection; and for other purposes.
PART I
WHEREAS, Thelma Daniels Ross, known affectionately as "T-Lady," served Mercer University for 52 years until she passed from this life on August 12, 2001; and
WHEREAS, with her passing, Mercer has lost one of its truly great treasures whose name became synonymous with that of the university; and
WHEREAS, whether she was working in the dining hall or the snack bar which she ultimately managed, she gave unselfishly to the university and the students she loved; and
WHEREAS, she was a strong proponent of scholarship and academic achievement, and she stressed the importance of education to all students she encountered; and
WHEREAS, it is only fitting and proper that her memory be honored by the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge at the Interstate 75 South and U.S. 80 interchange in Macon is designated the Thelma "T-Lady" Ross Bridge, and the Department of Transportation is authorized and directed to erect and maintain signs so identifying the bridge.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the family of Thelma Daniels Ross.
PART II
WHEREAS, our nations security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harms way to protect the freedoms that all United States citizens cherish; and
WHEREAS, many residents of Banks County have diligently and conscientiously served their country with honor and distinction as members of the United States armed forces; and
WHEREAS, their fortitude, bravery, and courage stand as a shining tribute to the strength

FRIDAY, APRIL 25, 2003

3345

of human spirit and willpower, and it is abundantly fitting and proper that the outstanding accomplishments of these remarkable and distinguished Americans be recognized appropriately.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend the Military Veterans of Banks County for their efficient, effective, unselfish, and dedicated public service to the citizens of their country and state and extend to them their most profound and sincere appreciation for all members of the United States military who stand ever ready to lay the ultimate sacrifice upon the altar of freedom.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Highway 441 bypass around the City of Homer be designated the Veterans Memorial Highway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Veterans Memorial Highway.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Banks County American Legion Post 215.
PART III
WHEREAS, Dean Bryant was born in Lumpkin County, Georgia, on February 9, 1933, and has lived all of his life very near the intersection of Highway 115 and Highway 52 in that county; and
WHEREAS, he attended school in Lumpkin County where he participated in many activities, including basketball; and
WHEREAS, he was called to be a minister in the Baptist Church in 1950 and has been a faithful pastor of 16 Baptist churches across northeast Georgia for the past 52 years; and
WHEREAS, "Preacher" Dean Bryant has faithfully visited the sick on a daily basis for many years in their homes and in the area hospitals; and
WHEREAS, he married the former Barbara Manly and they raised three children in Lumpkin County in a home near the intersection of Highway 115 and Highway 52; and
WHEREAS, in fact, there have been very few days during his lifetime that Dean Bryant has not traveled through this intersection; and

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WHEREAS, it is fitting and proper that this highway intersection be named for Dean Bryant in whose life it has figured so prominently and who has distinguished himself in kindness to his neighbors in Lumpkin County.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of Highway 115 and Highway 52 in Lumpkin County, east of Dahlonega, Georgia, is designated the Dean Bryant Intersection.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating such intersection.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to Dean Bryant and the Department of Transportation.

Senator Brown of the 26th moved that the Senate agree to the House substitute to SR 67.

On the motion, a roll call was taken, and the vote was as follows:

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

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

N Seay N Shafer
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
Unterman N Williams N Zamarripa

On the motion, the yeas were 19, nays 34; the motion failed, and the Senate did not agree to the House substitute to SR 67.

The following bill was taken up to consider House action thereto:

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3347

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 House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to authorize the charging and collection of a $25.00 fee for applications submitted by nonindigent adult offenders seeking to transfer their supervision to another state or territory; to provide definitions; 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 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, is amended by adding at the end thereof a new Article 5 to read as follows:
"ARTICLE 5 42-9-90. (a) As used in this Code section, the term:
(1) 'Adult' means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law. (2) 'Offender' means an adult placed under, or subject to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies. (3) 'State' means a state of the United States, the District of Columbia, or any other territorial possessions of the United States. (b) The Department of Corrections and the State Board of Pardons and Paroles are authorized to require any nonindigent adult offender to pay a $25.00 application fee when applying to transfer his or her supervision from Georgia to any other state or territory pursuant to the provisions of Articles 3 and 4 of this chapter."
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.

Senator Clay of the 37th moved that the Senate agree to the House substitute to SB 47.

On the motion, a roll call was taken, and the vote was as follows:

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

Harbison Harp Y 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 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
Unterman Y Williams Y Zamarripa

On the motion, the yeas were 47, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 47.

Senator Lamutt of the 21st asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:

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

FRIDAY, APRIL 25, 2003

3349

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.

Senate Sponsor: Senator Golden of the 8th.

The consent was granted, and HB 735 was taken from the Table and continued upon its passage.

Senator Lamutt of the 21st offered the following amendment:

Amend HB 735 by striking the figure "$1,520,724.11" on lines 1 and 2 of page 2 and inserting in each such place the figure "$100,000.00".

Senator Lamutt of the 21st asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment 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
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
Hamrick

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y 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
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

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 49, nays 0.

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

Senator Harp of the 16th asked unanimous consent that the following bill be taken from the Table:

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.

Senator Cheeks of the 23rd objected.

On the motion to remove from the Table, 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
Fort N Gillis Y Golden N Hall N Hamrick

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

Y Seay N Shafer Y Smith,F N Smith,P Y Squires 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

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3351

On the motion, the yeas were 21, nays 29; the motion failed, and HB 287 was not taken from the Table.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 25-2-9 of the Official Code of Georgia Annotated, relating to the power of the state fire marshal and staff to make arrests and carry weapons, so as to provide for investigation of a fine upon the request of a sheriff, chief of police, or district attorney; 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 Official Code of Georgia Annotated, 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 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 25-2-9 of the Official Code of Georgia Annotated, relating to the power of the state fire marshal and staff to make arrests and carry weapons, is amended by striking

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the Code section in its entirety and inserting in lieu thereof a new Code Section 25-2-9 to read as follows:
"25-2-9. (a) The state fire marshal or any of his appointed staff are granted the authority and power which sheriffs have to make arrests of any persons violating or charged with violating any of the criminal statutes of this state relating to arson. The state fire marshal or any of his appointed staff shall immediately deliver the arrested person or persons to the custody of the sheriff of the county in which the offense was committed. The duty of the sheriff as to the person delivered to him by any person making an arrest under this chapter shall be the same as if the sheriff had made the original arrest. Upon the request of the sheriff of the county, the chief of police of the jurisdiction, the district attorney of the judicial circuit, or a local fire official, the state fire marshal and any employees of such official shall have the authority to investigate the cause and origin of any fire which occurred in said county, jurisdiction, or judicial circuit. (b) Subject to the approval of the Commissioner, the state fire marshal or any of his deputies, assistants, or inspectors are authorized to carry weapons in order to enforce this chapter Personnel employed and authorized by the state fire marshal shall have the power to make arrests for criminal violations established as a result of investigations. Such personnel must hold certification as a peace officer from the Georgia Peace Officer Standards and Training Council and shall have the power to execute arrest warrants and search warrants for criminal violations and to arrest, upon probable cause and without warrant, any person found violating any of the provisions of applicable criminal laws. Authorized personnel empowered to make arrests pursuant to this Code section shall be empowered to carry firearms as authorized by the state fire marshal in the performance of their duties. It shall be unlawful for any person to resist an arrest authorized by this Code section or to interfere in any manner, including abetting or assisting such resistance or interference, with personnel employed by the state fire marshal in the duties imposed upon such personnel by law."
SECTION 2. Code Section 35-8-10 of the Official Code of Georgia Annotated, relating to applicability of peace officer certification requirements generally, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Peace officers commencing any employment or service on any terms with the Department of Public Safety, counties, municipalities, the Georgia Bureau of Investigation, the Department of Natural Resources, the Department of Revenue, Alcohol and Tobacco Tax Unit, the Secretary of States investigative section, the Office of the Commissioner of Insurance and Safety Fire Commissioner, or a railroad after July 1, 1975, are required to comply with the certification provisions of this chapter. Peace officers commencing such employment or service prior to July 1, 1975, and whose employment continues on July 1, 1975, are exempt and excused from compliance with the certification provisions of this chapter except as provided in this Code section so long as the registration provided for in subsections (d) and (e) of this

FRIDAY, APRIL 25, 2003

3353

Code section remains in effect. Any peace officer otherwise exempt from the
certification provisions of this chapter must meet the qualifications and requirements specified in paragraphs (2), (4), (5), and (8) of subsection (a) of Code Section 35-8-8."

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.

Senator Mullis of the 53rd moved that the Senate agree to the House substitute to SB 345.

On the motion, 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

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

Y Seay Y Shafer
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
Williams Y Zamarripa

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 345.

Senator Stephens of the 51st asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:

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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 State Financing and Investment Commission and the Georgia Environmental Facilities Authority; to change certain provisions regarding authorized investments; and for other purposes.

Senate Sponsor: Senator Thompson of the 33rd.

The consent was granted, and HB 621 was taken from the Table and continued upon its passage.

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

Harbison Y Harp Y Henson Y Hill
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

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 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.

FRIDAY, APRIL 25, 2003

3355

Senator Bulloch of the 11th asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:

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.

Senate Sponsor: Senator Bulloch of the 11th.

The consent was granted, and HB 561 was taken from the Table and continued upon its passage.

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

N Harbison Y Harp Y Henson
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 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 Y Thomas,R
Thompson Y Tolleson Y Unterman Y Williams
Zamarripa

On the passage of the bill, the yeas were 45, nays 1.

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

Senator Williams of the 19th asked unanimous consent that the following bill, having been placed on the Table on April 22, 2003, be taken from the Table:

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.

Senate Sponsor: Senator Williams of the 19th.

The consent was granted, and HB 321 was taken from the Table and continued upon its passage.

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
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 N 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
Reed Seabaugh

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 Y Thomas,R
Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

FRIDAY, APRIL 25, 2003

3357

On the passage of the bill, the yeas were 45, nays 1.

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

The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:

The Committee of Conference on HB 319 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 319 be adopted.

Respectfully submitted, FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Mullis of the 53rd /s/ Senator Harp of the 16th /s/ Senator Lee of the 29th

/s/ Representative Powell of the 23rd /s/ Representative Rogers of the 20th /s/ Representative Parham of the 94th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 319

A BILL TO BE ENTITLED AN ACT

To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for a definition of "court order for child support"; to provide for the department to accept applications for IV-D services from noncustodial parent obligors and to review and modify support awards; to provide for a reasonable

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application fee; 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 provide for periodic notices to obligors and obligees subject to IV-D child support orders; to provide that a request for review of a child support order shall not be required to demonstrate certain conditions; to provide that the IV-D agency shall not be deemed to represent either the obligee or obligor in a child support modification proceeding; 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 drivers license; 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 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking paragraph (1) of Code Section 19-11-3, relating to definitions related to child support recovery, and inserting in its place the following:
"(1) 'Court order for child support' means any judgment or order of the courts of this state or another state and includes orders in criminal proceedings which result in the payment of child support, as a condition of probation or otherwise any order for child support issued by a court or administrative or quasi-judicial entity of this state or another state, including an order in a criminal proceeding which results in the payment of child support as a condition of probation or otherwise. Such order shall be deemed to be a IV-D order for purposes of this article when either party to the order submits a copy of the order for support and a signed application to the department for IV-D services, when the right to child support has been assigned to the department pursuant to subsection (a) of Code Section 19-11-6, or upon registration of a foreign order pursuant to Article 3 of this chapter."
SECTION 2. Said title is further amended by striking subsection (c) of Code Section 19-11-6, relating to enforcement of child support payments and alimony for public assistance recipients, and inserting in its place the following:
"(c) The department shall accept applications for child support enforcement services from any proper party or person notwithstanding the fact that the child or children do not receive public assistance. When made, this application to the department shall constitute an assignment of the right to support to the department and the proceeds of any collections resulting from such application shall be distributed in accordance with the standards prescribed in the federal Social Security Act."
SECTION 3. Said title is further amended by adding following subsection (d) of Code Section 19-11-6,

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relating to enforcement of child support payments and alimony for public assistance recipients, a new subsection (e) to read as follows:
"(e) The department shall accept applications for IV-D services from noncustodial parent obligors. The department, by virtue of the acceptance of such applications for IV-D services, is authorized to take any action allowed by this chapter including, but not limited to, the review and modification of support awards, whether such awards are modified upward or downward, pursuant to Code Section 19-11-12. The proceeds of any collections resulting from such applications shall be distributed in accordance with the standards prescribed in the federal Social Security Act."
SECTION 4. Said title is further amended by striking subsection (c) of Code Section 19-11-8, relating to the departments duty to enforce support of abandoned minor public assistance recipient and scope of action, and inserting in its place the following:
"(c) The department shall accept applications from noncustodial parents for services as provided for in this article and federal law and regulations. The department shall provide for a reasonable application fee for a noncustodial parent who applies for services under this subsection. (d) Any action initiated by the department pursuant to subsection (a), (b), or (c) of this Code section or in any action in which the department appears pursuant to subsection (b) of this Code section shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties."
SECTION 5. Said title is further amended by striking paragraph (1) of subsection (a.1) of Code Section 19-11-9.1, relating to the duty to furnish information about obligor to department, use of information obtained, and penalty for noncompliance, 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 or certification from the Social Security Administration that the applicant is not eligible for issuance of a social security number as part of the application. Notwithstanding the foregoing, nothing in this Code section shall be construed so as to authorize the issuance of any drivers license, permit, or identification card to any person who is not either a United States citizen or an alien with legal authorization from the United States Immigration and Naturalization Service. If the Immigration and Naturalization Service status of such person is terminated or expired, any Georgia drivers license issued to such person shall be revoked. The Department of Motor Vehicle Safety shall provide to the Department of Human

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Resources, in addition to other information required to be provided to the Department of Human Resources, such social security numbers 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 6. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation, and inserting in its place the following:
"(b)(1) The IV-D agency shall periodically give notice to the obligor and obligee who are subject to a IV-D court order for child support order which is being enforced under this chapter, as defined in paragraph (1) of Code Section 19-11-3, of their the right of each to request a review of the order by the IV-D agency for possible recommendation for adjustment of such order. Such notification should be provided within 36 months after the establishment of the order or the most recent review; however, failure to provide the notice within 36 months shall not affect the right of either party to request a review nor the right of the IV-D agency to conduct a review and to recommend an adjustment to the order. The notice can be included in the initial order or review recommendation."
SECTION 7. Said title is further amended by striking paragraphs (1) and (3) of subsection (c) of Code Section 19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation, and inserting in their respective places the following:
"(c)(1) The IV-D agency shall review IV-D court orders for child support, as defined in paragraph (1) of Code Section 19-11-3, for possible modification child support orders, judicial and administrative in origin, which are subject to enforcement under this chapter. The review shall be performed upon the written request of either the obligor or obligee, or, if there is an assignment under subsection (a) of Code Section 19-11-6, upon the request of the IV-D agency or of the obligor or obligee. Exceptions to this procedure are cases where the IV-D agency determines that such a review would not be in the best interest of the child or children involved." "(3) If the request for the review occurs at least 36 months after the last issuance or last review, the requesting party shall not be required to demonstrate a substantial change in circumstances, the need for additional support, or that the needs of the child have decreased. The sole basis for a recommendation for a change in the award of support under this paragraph shall be a significant inconsistency between the existing

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child support order and the amount of child support which would result from the application of Code Section 19-6-15."

SECTION 8. Said title is further amended by striking paragraph (2) of subsection (d) of Code Section 19-11-12, relating to determination of ability to support, review procedures, order
adjusting support award amount, and no release from liability due to subsequent financial obligation, and inserting in its place the following:
"(2) The IV-D agency shall review and, if there is a significant inconsistency between the amount of the existing child support order and the amount of child support which would result from the application of Code Section 19-6-15, the agency shall make a
recommendation for an increase or decrease in the amount of an existing order for support. The IV-D agency shall not be deemed to be representing either the obligee or obligor in a proceeding under this Code section."

SECTION 9. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of 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 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 10. All laws and parts of laws in conflict with this Act are repealed.

Senator Harp of the 16th moved that the Senate adopt the Conference Committee report on HB 319.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour

Y Harbison Y Harp

Seay Y Shafer

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

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

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 319.

The following resolutions were read and adopted:

SR 552. By Senators Golden of the 8th, Jackson of the 50th, Lamutt of the 21st, Dean of the 31st, Gillis of the 20th and others:

A RESOLUTION honoring the memory of Annette Howell Turner; and for other purposes.

SR 554. By Senator Dean of the 31st:

A RESOLUTION honoring John C. Callaway, Jr.; and for other purposes.

SR 555. By Senators Stokes of the 43rd and Henson of the 41st:

A RESOLUTION congratulating Bishop Miles E. Fowler; and for other purposes.

SR 556. By Senator Meyer von Bremen of the 12th:

A RESOLUTION commending the Deerfield-Windsor School basketball team; and for other purposes.

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SR 557. By Senator Meyer von Bremen of the 12th:
A RESOLUTION commending the Deerfield-Windsor School football team; and for other purposes.

SR 558. By Senator Butler of the 55th:
A RESOLUTION commending the students of the SAT 1000 Club of Stephenson High School; and for other purposes.
SR 559. By Senator Brown of the 26th:
A RESOLUTION honoring the life of Waddell Curtis; and for other purposes.
The following resolution was taken up to consider House action thereto:
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.
The House substitute was as follows:
A RESOLUTION
Designating the Thelma "T-Lady" Ross Bridge at the Interstate 75 South and U.S. 80 interchange in Macon; commending the Military Veterans of Banks County and designating the Veterans Memorial Highway; Designating the Dean Bryant Intersection; and for other purposes.
PART I
WHEREAS, Thelma Daniels Ross, known affectionately as "T-Lady," served Mercer University for 52 years until she passed from this life on August 12, 2001; and
WHEREAS, with her passing, Mercer has lost one of its truly great treasures whose name became synonymous with that of the university; and
WHEREAS, whether she was working in the dining hall or the snack bar which she ultimately managed, she gave unselfishly to the university and the students she loved; and

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WHEREAS, she was a strong proponent of scholarship and academic achievement, and she stressed the importance of education to all students she encountered; and
WHEREAS, it is only fitting and proper that her memory be honored by the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge at the Interstate 75 South and U.S. 80 interchange in Macon is designated the Thelma "T-Lady" Ross Bridge, and the Department of Transportation is authorized and directed to erect and maintain signs so identifying the bridge.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the family of Thelma Daniels Ross.
PART II
WHEREAS, our nations security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harms way to protect the freedoms that all United States citizens cherish; and
WHEREAS, many residents of Banks County have diligently and conscientiously served their country with honor and distinction as members of the United States armed forces; and
WHEREAS, their fortitude, bravery, and courage stand as a shining tribute to the strength of human spirit and willpower, and it is abundantly fitting and proper that the outstanding accomplishments of these remarkable and distinguished Americans be recognized appropriately.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend the Military Veterans of Banks County for their efficient, effective, unselfish, and dedicated public service to the citizens of their country and state and extend to them their most profound and sincere appreciation for all members of the United States military who stand ever ready to lay the ultimate sacrifice upon the altar of freedom.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Highway 441 bypass around the City of Homer be designated the Veterans Memorial Highway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Veterans Memorial Highway.

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BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Banks County American Legion Post 215.
PART III
WHEREAS, Dean Bryant was born in Lumpkin County, Georgia, on February 9, 1933, and has lived all of his life very near the intersection of Highway 115 and Highway 52 in that county; and
WHEREAS, he attended school in Lumpkin County where he participated in many activities, including basketball; and
WHEREAS, he was called to be a minister in the Baptist Church in 1950 and has been a faithful pastor of 16 Baptist churches across northeast Georgia for the past 52 years; and
WHEREAS, "Preacher" Dean Bryant has faithfully visited the sick on a daily basis for many years in their homes and in the area hospitals; and
WHEREAS, he married the former Barbara Manly and they raised three children in Lumpkin County in a home near the intersection of Highway 115 and Highway 52; and
WHEREAS, in fact, there have been very few days during his lifetime that Dean Bryant has not traveled through this intersection; and
WHEREAS, it is fitting and proper that this highway intersection be named for Dean Bryant in whose life it has figured so prominently and who has distinguished himself in kindness to his neighbors in Lumpkin County.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of Highway 115 and Highway 52 in Lumpkin County, east of Dahlonega, Georgia, is designated the Dean Bryant Intersection.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating such intersection.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to Dean Bryant and the Department of Transportation.
Senator Cheeks of the 23rd moved that the Senate agree to the House substitute to SR 67.
On the motion, a roll call was taken, and the vote was as follows:

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Y Adelman Y Balfour Y 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

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

On the motion, the yeas were 47, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SR 67.

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 Bills of the Senate:

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 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.

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3367

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 House recedes from its position in amending the following Bills of the Senate:

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.

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 House has adopted the report of the Committee of Conference on the following Bills 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.

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

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HB 319. HB 352. HB 372. HB 414.

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 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 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 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 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.

FRIDAY, APRIL 25, 2003

3369

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 that a student has received and reviewed information about meningococcal meningitis and has chosen not to be vaccinated; 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 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.

The House has agreed to the Senate amendment to the House substitute to the following Bill of the Senate:

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 House has agreed to the Senate amendment to the following Bills of the House:

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

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as to create the East Central Georgia Railroad Excursion Authority; and for other purposes.

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.

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 House has agreed to the Senate substitutes to the following Bills of the House:

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 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

FRIDAY, APRIL 25, 2003

3371

HB 504. HB 719.

insurance coverage; to provide for the disbursement of a debtor's funds within 30 days of receipt; 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.
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.

The House recedes from its position in disagreeing to the Senate amendment to the following Bill of the House:

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.

The House has adopted the report of the Committee of Conference on the following Bills of the Senate:

3372 SB 73. SB 113. SB 169.
SB 257.

JOURNAL OF THE SENATE
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.
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.
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.
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

FRIDAY, APRIL 25, 2003

3373

authorize contracts for public-private initiatives; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

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 House has adopted the report of the Second Committee of Conference on the following Bill of the Senate:

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.

Serving as doctor of the day was Jack Menendez.

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

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

April 25, 2003

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Dear Mr. Secretary:

If you will remember, I turned in a form to object to a local bill on the last day. Unfortunately the number was incorrect and we pulled the wrong bill off the local calendar.

As you and I discussed, we decided not to reconsider the local calendar due to time being so important, and we didn't have the votes to stop the bill anyway.

Per your suggestion, I am filing this letter asking that it be reflected in the Journal.

Please consider this as my formal request to state that Senator Horacena Tate, from the 38th District and Senator Steve Thompson, from the 33rd District were opposed to HB 837.

Thank you for all your help and suggestions.

Sincerely,

/s/ Steve Thompson /s/ Horacena Tate

The following communication was sent by the Secretary to His Excellency, Governor Sonny Perdue:

Honorable Sonny Perdue Governor State Capitol Atlanta, Georgia 30334

April 25, 2003

Dear Governor:

Under the rules of the Georgia State Senate governing confirmation of appointments submitted by former Governor Roy Barnes, I have the honor to report to you as follows:

Nominations sent to the Senate by Governor Roy Barnes, January 6, 2003, assigned to the Senate Committee on Assignments, January 14, 2003, reported out of committee on April 25, 2003, were acted upon by the Georgia State Senate in session on April 25, 2003, with the following results:

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

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3375

ending December 8, 2002. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.

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, 2005. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.

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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.

The Honorable Susan B. Haberkorn of Thomas County, as a member of the Brain and Spinal Injury Trust Fund Commission for the term of office beginning December 4, 2002, and ending December 4, 2005. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Justin A. Pressley of Hall County, as a member of the Brain and Spinal Injury Trust Fund Commission for the term of office beginning December 8, 2002, and ending December 8, 2004. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Jessie G. Wright of Muscogee County, as a member of the Georgia Board of Examiners of Licensed Dietitians for the term of office beginning November 15, 2002, and ending June 30, 2003. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Patricia D. McCrory of Fulton County as a member of the Board of Commissioners of the Commission on Equal Opportunity for the term of office beginning

3376

JOURNAL OF THE SENATE

October 22, 2002, and ending September 29, 2003. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Michael H. Buice of Gwinnett County, as a member 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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Michael J. Egan of Fulton County, as a member of the Metropolitan North Georgia Water Planning District Governing Board for the term of office beginning July 1, 2002, and ending June 29, 2005. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Edward J. Tarver of Richmond County, as a member 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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Regina Thomas of Chatham County, as a member 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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.

FRIDAY, APRIL 25, 2003

3377

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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Richard E. Fallaw, Sr., of Crisp County, as a member of the State Board of Nursing Home Administrators for the term of office beginning May 22, 2002, and ending December 29, 2003. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Henry B. Neill of Spalding County, as a member of the State Board of Nursing Home Administrators for the term of office beginning May 22, 2002, and ending October 26, 2004. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Penelope W. Wise of Spalding County, as a member of the State Board of Nursing Home Administrators for the term of office beginning August 23, 2002, and ending June 4, 2005. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Joseph John Reed of Hall County, as a member of the State Board of Dispensing Opticians for the term beginning May 22, 2002, and ending March 16, 2004. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.

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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.

3378

JOURNAL OF THE SENATE

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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Edgar L. Rhodes of Haralson County, as a member of the State Board of Technical and Adult Education for the term of office beginning November 15, 2002 and ending June 30, 2007. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable George L. Bowen, III, of DeKalb County as a member of the State Board of Technical and Adult Education for the term of office beginning November 20, 2002, and ending June 30, 2005. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Ben J. Tarbutton, Jr., of Washington County, as a member of the State Board of Technical and Adult Education for the term of office beginning November 20, 2002, and ending June 30, 2005. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Cheryl S. Moultrie of Cobb County, as a member 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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Richard W. Harrell of Fulton County, as a member of the Georgia Public Telecommunications Commission for the term of office beginning July 1, 2002, and ending June 30, 2005. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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

FRIDAY, APRIL 25, 2003

3379

August 17, 2005. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.

The Honorable Billy R. Smith of Bleckley County, as a member of the Workforce Investment Board for the term of office beginning October 22, 2002, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.

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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.

The Honorable William C. Archer, III, of DeKalb 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 November 15, 2002, and ending July 1, 2005. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.

The Honorable Glenn E. Hicks, III, of Gwinnett 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 November 15, 2002, and ending July 1, 2005. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.

Sincerely,

/s/ Frank Eldridge, Jr. Secretary of the Senate
The following committee report was read by the Secretary:

Mr. President:

The Enrolling and Journals subcommittee has read and examined the following legislation and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:

SB 7 SB 20 SB 33 SB 53 SB 78 SB 84 SB 87

SB 9 SB 22 SB 37 SB 71 SB 80 SB 85 SB 88

SB 14 SB 29 SB 47 SB 73 SB 81 SB 86 SB 94

3380

JOURNAL OF THE SENATE

SB 96 SB 104 SB 116 SB 121 SB 132 SB 155 SB 166 SB 173 SB 187 SB 193 SB 202 SB 206 SB 209 SB 214 SB 222 SB 229 SB 244 SB 249 SB 252 SB 257 SB 261 SB 270 SB 278 SB 291 SB 308 SB 322 SB 329 SB 345 SB 360 SB 364 SB 372 SB 377 SB 383 SR 67 SR 120 SR 171 SR 234

SB 97 SB 105 SB 117 SB 123 SB 134 SB 156 SB 167 SB 178 SB 190 SB 200 SB 204 SB 207 SB 211 SB 215 SB 223 SB 233 SB 245 SB 250 SB 255 SB 258 SB 264 SB 272 SB 289 SB 292 SB 320 SB 323 SB 331 SB 346 SB 362 SB 366 SB 373 SB 381 SR 6 SR 69 SR 121 SR 220

SB 101 SB 113 SB 119 SB 129 SB 136 SB 158 SB 169 SB 183 SB 192 SB 201 SB 205 SB 208 SB 213 SB 221 SB 224 SB 236 SB 247 SB 251 SB 256 SB 260 SB 265 SB 277 SB 290 SB 295 SB 321 SB 327 SB 332 SB 353 SB 363 SB 368 SB 374 SB 382 SR 35 SR 90 SR 150 SR 229

At 12:00 midnight, pursuant to HR 847, the President announced the Senate adjourned sine die.

The Governor, His Excellency Governor Sonny Perdue addressed the Senate.

INDEX

3381

SENATE JOURNAL INDEX 2003
REGULAR SESSION

3382

INDEX

PART I , NUMERIC INDEX SENATE BILLS AND RESOLUTIONS

SB 1-- Cruelty to Children; endangerment; criminal negligence .....84, 466, 500, 999, 1159
SB 2-- Senatorial Districts; composition; number; apportionment........................................................................57, 500, 763, 999, 1009, 1148
SB 3-- Ethics in Government; Financial Disclosure Reform Act ..................................................................................................................79
SB 5-- Sexually offensive material/content; distribution through electronic media .....................................................90, 333, 361, 1327, 1338
SB 6-- Vehicles stopped by law enforcement during nighttime hours .......................................................................................57, 129, 136, 183
SB 7-- Air Ambulance Services; licensure and regulation ...............58, 129, 136, 156, 1913, 3379
SB 8-- Budget Act; continuation budget report; apply zerobase budgeting ....................................................................58, 990, 1180, 1530, 1542
SB 9-- Chatham County; State Court; additional judge....................79, 136, 139, 154, 807, 835, 3379
SB 10-- Cruelty to children; endangerment; sexual abuse; prosecution .....................................................................................................80
SB 11-- Income Taxes; jobs tax credits; less developed areas; portions of counties ...............................................................84, 202, 224, 271, 295
SB 12-- Disabled Adults and Elder Persons; abuse, neglect, exploitation of; penalties .......................................................85, 170, 189, 204, 205
SB 13-- DUI alcohol or drugs; new offense of refusal to submit chemical testing ...................................................................85, 822, 992, 1184, 1269, 1384, 1385
SB 14-- Agriculture; Georgia Dairy Act violations; penalty provisions ..............................................................................85, 161, 171, 192, 193, 1790, 3379
SB 15-- Condominiums; sale contract; disclosure; maintenance or repair requests ............................................................................................91
SB 16-- Child custody or visitation orders; notices; relocation or change of residence ....................................................................91, 1179, 1322
SB 17-- Child Support; computation of award, guidelines, income deduction orders.................................................................................91

INDEX

3383

SB 18-- Road construction and repair of manhole rings; contractor; regulation .....................................................................................92
SB 19-- Teachers; rights in demotion and nonrenewal of contracts..........................................................................................................92
SB 20-- Assault; person with HIV or hepatitis endangering peace/correctional officers ....................................................92, 445, 467, 503, 749, 2018, 3379
SB 21-- Criminal prosecution for offenses against minor children; pleas.................................................................................................92
SB 22-- Criminal records; disclosure; employment; caring for children or elder persons .......................................................93, 332, 361, 471, 472, 2150, 2318, 3379
SB 23-- Woman's Right To Know Act; Medical Consent Law; abortion procedures ...............................................................93, 161, 171, 366, 377, 408, 420, 434
SB 24-- Child care or daycare facilities; liability insurance coverage.................................................................................94, 251, 267, 338, 339, 3229, 3256
SB 25-- Torts; immunity; medical or forensic examiners of sexual assault victims ....................................................................................94
SB 26-- Sheriff, Office of; nonpartisan elections ..............................108, 445, 467, 767
SB 27-- Trial Juries; size of panels; jury selection; number of peremptory strikes ...............................................................108, 188, 203, 226, 239
SB 28-- Georgia Fair Lending Act; amend provisions ..............................................109
SB 29-- Electronic communication devices; possession by school students ....................................................................109, 201, 224, 271, 297, 314, 2020, 2761, 3379
SB 30-- Teachers retirement; creditable service in a local school system. ..........................................................................................................109
SB 31-- Ethics; reforms; campaign contributions; activities on behalf of inmates .................................................................112, 170, 189, 225, 228
SB 32-- Natural gas rates; surcharge on interruptibles; minimum amount ..........................................................................................................112
SB 33-- Designate; The Mighty 8th Air Force Heritage Museum; character education..............................................113, 202, 224, 253, 261, 2608, 2769, 3379
SB 34-- Natural Gas Competition and Deregulation Act; amend provisions .....................................................................................................113

3384

INDEX

SB 35-- Local government; service delivery; coordinated/comprehensive planning...........................................................113
SB 36-- Nurses, advanced practice registered; prescriptive authority........................................................................................................114
SB 37-- Electric assistive mobility device; lights on garbage trucks; regulate ....................................................................114, 188, 203, 314, 316, 338, 345, 1813, 2760, 3379
SB 38-- Georgia Database Protection and Economic Development Act of 2003 ............................................................................114
SB 39-- Building permits through certain electronic media ......................................115
SB 40-- Ethics; Labor and Employer Campaign Finance Reform Act ................................................................................................................115
SB 41-- Ad Valorem taxes; statewide homestead exemption; increase amount ............................................................................................115
SB 42-- Municipal corporate boundaries; minimum distance requirements ........................................................................116, 445, 467, 827, 958
SB 43-- Municipal charter commissions; provide for the creation ................................................................................116, 445, 467, 827, 828, 833
SB 44-- Guardian ad litem; court appointed; limit liability ..............116, 223, 251, 271, 296
SB 45-- Criminal procedure; demand for trial; time expiration; appeals ................................................................................116, 332, 361, 1185, 1294
SB 46-- Peace Officer/Prosecutor Training Fund; accounting of all deposits ...........................................................................117, 202, 224, 271, 298, 2485, 2494
SB 47-- Pardons and Paroles Board; granting relief; written decision made public ..........................................................117, 466, 500, 1184, 1259, 3318, 3347, 3379
SB 48-- Juvenile proceedings; disposition and evidence against child in civil action ..............................................................117, 223, 251, 271, 299
SB 49-- Sandy Springs, City of; incorporation and charter .......................117, 467, 500
SB 50-- Health Insurers; Consumer Choice of Benefits Health Plan Act ........................................................................................118, 162, 171
SB 51-- Computer Pornography/Child Exploitation Prevention Act; unlawful acts...............................................................118, 500, 763, 1184, 1290

INDEX

3385

SB 52-- Children's Internet Protection Act; schools, libraries; policies; funding ..................................................................118, 182, 333, 361, 1183, 1211
SB 53-- Georgia Fair Lending Act; amend provisions .....................119, 170, 189, 205, 206, 211, 490, 783, 803, 3379
SB 54-- Teachers; duties that may not be required ....................................................122
SB 55-- Adoptions and child-placing agencies; records access; birth records........................................................................122, 822, 992, 1183, 1185
SB 56-- Revenue, Department of; administration; duties; official office location...............................................................................................123
SB 57-- Property tax sales; change certain provisions...............................................123
SB 58-- Ad valorem property taxation; change definitions .......................................123
SB 59-- Motor vehicle license; fees and classes of agricultural vehicles; definitions......................................................................................123
SB 60-- Excise taxes; rental motor vehicles; change definitions...............................124
SB 61-- Estate tax; federal filing date; definition ......................................................124
SB 62-- Sales taxes; applicable to commerce and trade; definitions .....................................................................................................124
SB 63-- Excise taxes; hotel-motel tax; change definitions ........................................124
SB 64-- Coin operated amusement machines; change definitions.............................125
SB 65-- Cigar/cigarette taxes; change tax definitions................................................125
SB 66-- Income taxes; change certain definitions .....................................................125
SB 67-- Motor fuel taxes; change certain definitions ................................................125
SB 68-- Tax executions; levies upon goods, chattel, lands, tenements of taxpayer...................................................................................125
SB 69-- Intangible taxes; real estate transfer tax; change certain provisions .....................................................................................................126
SB 70-- Revenue and Taxation; change certain provisions .......................................126
SB 71-- Disaster relief; counseling services; license exemption ......126, 223, 251, 314, 316, 2021, 2856, 3379
SB 72-- Ethics; campaign contributions for judicial offices; prohibitions...................................................................................................126
SB 73-- State property; naming/renaming for a public official; 5 year restriction .....................................................................127, 170, 189, 205, 211, 2614, 2646, 3105, 3145, 3214, 3332, 3372, 3379
SB 74-- Public accommodation; prohibit discrimination against motorcyclists.................................................................................................127

3386

INDEX

SB 75-- DUI; prohibitions, punishment; revise and harmonize provisions .....................................................................................................127
SB 76-- State Official Salaries; General Assembly members, Lieutenant Governor, 10% reduction .................................128, 223, 251, 314, 317, 320
SB 77-- Prostitution, Pimping or Pandering; keeping a place for; penalties..............................................................................128, 202, 224, 1530, 1551
SB 78-- Banking and Finance; regulations; comprehensive revisions...............................................................................128, 332, 361, 448, 451, 1790, 3379
SB 79-- Public Transportation Funds; allocation among congressional districts ..................................................................................133
SB 80-- Child support and custody issues; deprived child; juvenile court jurisdiction...................................................133, 332, 361, 1184, 1286, 2488, 2796, 3379
SB 81-- Emergency Medical Services Medical Directors Advisory Council; create ....................................................133, 202, 224, 1184, 1284, 1285, 2549, 2826, 3379
SB 82-- Ethics; disposition of excess campaign contributions ........134, 466, 500, 1184, 1289
SB 83-- County law libraries; board of trustees; DA membership; use of collected funds ....................................134, 170, 189, 205, 212
SB 84-- Chatham County; reimbursement for cost of collecting school taxes ........................................................................149, 360, 364, 2021, 2768, 3379
SB 85-- Optometry; practicing without a license; punishment.........149, 310, 333, 366, 420, 448, 449,
1813, 2754, 3379 SB 86-- Local government; transfer of development rights;
sending property ..................................................................149, 360, 418, 448, 452, 2479, 3379
SB 87-- Revenue Bonds; certificates for gas generation systems; change provisions ................................................................150, 417, 445, 471, 482, 2485, 2736, 3379
SB 88-- Music Hall of Fame, Sports Hall of Fame; change provisions ............................................................................150, 251, 267, 471, 478, 2559, 3379

INDEX

3387

SB 89-- Drivers' licenses; issuance; indication of U.S. citizenship; expiration date..........................................................150, 202, 224, 827, 1378, 1530, 1554
SB 90-- Public schools; time period for students to express personal religious beliefs..............................................................................151
SB 91-- Elections; legislative, congressional reapportionment; requirements ........................................................................151, 188, 203, 225, 226
SB 92-- Governor; emergency powers; repeal certain powers relating to firearms .............................................................151, 499, 763, 1327, 1339, 1341
SB 93-- Eastern Cherokee Indian Tribe; revise address .........................158, 991, 1180, 1530, 1565
SB 94-- Coastal Marshlands Protection Act; exemption; private docks; residence ..................................................................158, 310, 333, 471, 476, 1791, 3379
SB 95-- Stopping of motorist by law enforcement; racial profiling restrictions .....................................................................................158
SB 96-- Health Insurance; covered benefits; off-label prescription drugs ................................................................159, 359, 418, 471, 483, 2486, 2815, 3380
SB 97-- Real estate transfer tax; exemptions; certain instruments, deeds or writings.............................................159, 466, 500, 767, 778, 3092, 3141, 3380
SB 98-- Employees Retirement System; secretaries of appellate/superior court judges, DAs; service credit....................................159
SB 99-- Local school taxation; five mill share funds; calculations ...................................................................................................160
SB 100-- Local school taxation; five mill share funds; capital expenditures..................................................................................................160
SB 101-- Sexually violent predators; prohibited within proximity of minors.............................................................................166, 360, 418, 1183, 1208, 2019, 3380
SB 102-- Indigent Defense Act of 2003; create agency within the judicial branch .....................................................................166, 223, 251, 271, 272, 294
SB 103-- Internet and Computer Safety Act; enact .....................................................167
SB 104-- Deposit account fraud; increase the maximum service charge .................................................................................167, 332, 361, 1184, 1265, 1913, 3380

3388

INDEX

SB 105-- Bad checks; increase maximum service charge; mailing notices.................................................................................167, 332, 361, 1184, 1266, 2021, 2755, 3380
SB 106-- Tax penalties; false claims of independent contractor status .............................................................................................................168
SB 107-- Sales tax; dealers' returns; retail sales tax data by location of sale..............................................................................................168
SB 108-- Ethics; Code of Ethics for Government Service .................168, 310, 333, 365, 367, 466, 1183, 1249
SB 109-- Ethics Reforms; public officials' conduct and lobbyist disclosure.............................................................................169, 310, 333, 366, 367
SB 110-- Public road funds; allocation; balance between congressional districts ..................................................................................169
SB 111-- Death Investigations; persons receiving care in facilities licensed by DHR...........................................................................................184
SB 112-- Georgia Seniors Prescription Drug Benefit Program Act; establish ................................................................................................185
SB 113-- Public records, meetings; disclosure; requests; exceptions to disclosure......................................................185, 821, 992, 1184, 1261, 2551, 2668, 2859, 2860, 3134, 3220, 3372, 3380
SB 114-- Law enforcement officers or agents; retirement benefits.............................185
SB 115-- Minority business enterprises; certification procedures ......186, 417, 445, 471, 479
SB 116-- Juvenile proceedings; delinquent acts; discovery and inspection; regulation .........................................................186, 822, 992, 1184, 1267, 2716, 2994, 3380
SB 117-- Sheriffs; unlawful to engage in certain businesses..............186, 466, 500, 767, 768, 2550, 2750, 3380
SB 118-- Natural Gas used in poultry production; rules with respect to charges .........................................................................................186
SB 119-- Appeals in Death Penalty Cases; motion for new trial; request for DNA testing ............................................................187, 990, 1180, 1384, 1388, 2786, 2950, 3380

INDEX

3389

SB 120-- License plates; special; certain military veterans; no charge ..................................................................................196, 251, 267, 338, 341
SB 121-- Motor vehicles; abandoned; nonconsensual towing by tow trucks ............................................................................196, 251, 267, 338, 342, 366, 420, 448, 3109, 3135, 3380
SB 122-- Soil erosion control; exemption; public roadway drainage structures................................................................196, 310, 333, 366
SB 123-- Family violence and stalking protective order registry; duty of sheriffs.........................................................................197, 1180, 1322, 1530, 1566, 3304, 3380
SB 124-- Child sexual exploitation; computer pornography; penalties...............................................................................197, 360, 418, 503, 508
SB 125-- Ethics; campaign disclosure; contributions; disclose candidate's name...........................................................................197, 821, 992
SB 126-- State employee's retirement; options, development, implementation .............................................................................................198
SB 127-- Public Transportation Funds; expenditures; state/federal funds; remove MARTA ..................................198, 418, 445, 767, 770
SB 128-- Elections and run-off elections; candidates receiving majority of votes...........................................................................................198
SB 129-- Soil investigation; soil classifiers for on-site sewage management; standards .......................................................198, 310, 333, 827, 959, 3366, 3380
SB 130-- Educators; salaries; local supplements; minimum salary schedule ........................................................................................................199
SB 131-- Fireworks; sales of sparklers to persons under 16 years; prohibitions...............................................................................199, 1179, 1322
SB 132-- Corporations; reservation of names and filing fees; change provisions ...............................................................199, 500, 763, 1184, 1267, 2787, 3013, 3380
SB 133-- Torts; liability, damages, judgements, cap award limits; Civil Justice Reform..................................................................200, 990, 1180, 1327, 1328
SB 134-- Watercraft; vessel classification; equipment; reportable accidents ..............................................................................218, 332, 361, 448, 455, 2019, 3380

3390

INDEX

SB 135-- Elections; congressional districts; composition and number ..........................................................................................................218
SB 136-- MARTA; reserve funds; use of interest income for operating costs .........................................................................218, 1379, 1522, 1638, 1689, 3005, 3380
SB 137-- State buildings; roofing materials; energy efficiency standards ...................................................................................218, 1379, 1522
SB 138-- Motorcycle operators and riders; protective headgear devices ................................................................................219, 418, 445, 1640, 1740
SB 139-- Public accommodations; not exclude motorcyclist from access to or admission ..................................................................................219
SB 140-- Archeologists; certain submerged artifacts; exemption against disturbing .........................................................................................219
SB 141-- Teachers' Retirement; creditable service; prior independent school service...........................................................................219
SB 142-- Fulton County; ad valorem; homestead exemption; senior citizens ...........................................................................220, 2402, 2410
SB 143-- School bus drivers; annual mandatory training; equipment; safety procedures .......................................................................220
SB 144-- Ethics; campaign contributions; filing reports; State Ethics Commission.......................................................................................220
SB 145-- Prescription drugs by mail; enrollees in HMO health benefit plans ........................................................................221, 359, 418, 471, 480
SB 146-- Drivers; proper use of radios and mobile telephones ...................................246
SB 147-- Family Violence Shelter Confidentiality Act .....................247, 822, 992, 1183, 1203
SB 148-- Juvenile proceedings; deprived child; order of disposition; time period ......................................................247, 500, 763, 1184, 1261
SB 149-- Life without parole; imposed in certain cases under certain circumstances....................................................................................247
SB 150-- Hotels, Motels; excessive room rates during special sporting events.........................................................................264, 1179, 1322, 1530, 1569
SB 151-- Peeping Toms; spying upon or invading the privacy of another .....................................................................................264, 1180, 1322, 1530, 1570
SB 152-- Employee's Retirement; benefits for certain law enforcement officers.....................................................................................265

INDEX

3391

SB 153-- Election; qualifying fees; county officials; calculation .......265, 445, 467, 503, 750
SB 154-- Gwinnett County; Sheriff's Office; filling of vacancies...............265, 991, 996
SB 155-- State deferred compensation plans; employer, employee contributions ........................................................................265, 445, 467, 503, 751, 1812, 3380
SB 156-- Life Insurance; insurable interest on an employee by a corporation...........................................................................266, 360, 418, 471, 477, 2358, 3380
SB 157-- Payday Lending; deferred presentment or advance cash services; regulate ................................................................303, 821, 992, 1530, 1544
SB 158-- LaGrange; City of LaGrange Gas Authority Act ................303, 417, 445, 471, 481, 2019, 3380
SB 159-- Employee's retirement options; early retirement incentives............................................................................304, 418, 445, 1532, 1637, 1664
SB 160-- Employment Security Law; unemployment compensation; exclude certain services..............................304, 499, 763, 1327, 1342
SB 161-- Ad valorem assessment; taxpayer appeals; refunds; interest amount ...................................................................304, 499, 763, 1185, 1296
SB 162-- Health Care Protection Act; health care licensing violations; penalties .............................................................305, 359, 418, 767, 776
SB 163-- Municipal courts; collection of delinquent fines, costs; enforcement ..................................................................................................305
SB 164-- Unemployment compensation; state-wide reserve ratio; employer rate ........................................................................................305, 364
SB 165-- Unemployment Compensation Fund; administrative assessment; allocation .........................................................305, 360, 418, 471, 472, 503, 507, 1531, 1572
SB 166-- Insurance; individual deferred annuities; nonforfeiture rate .......................................................................................306, 360, 418, 448, 454, 2480, 2733, 3380

3392

INDEX

SB 167-- Unemployment compensation; employer contribution rates; extend reduction.........................................................306, 360, 418, 471, 472, 503, 504, 2481, 2490, 2614, 2645, 2787, 3315, 3336, 3373, 3380
SB 168-- Ethics, State Commission; powers; campaign contribution disclosure .......................................................306, 821, 992, 1183, 1215, 1247
SB 169-- Firefighter Standards and Training; change provisions .....307, 499, 763, 1183, 1207, 2571, 2670, 2859, 2863, 3092, 3232, 3372, 3380
SB 170-- Long-term care services; in-home and community based care .....................................................................................................307
SB 171-- Hospital care for nonresident indigents; reimbursement by counties....................................................................................................307
SB 172-- Environmental policy; regulatory decisions; publication requirements ..............................................................................324, 991, 1180, 1328, 1349
SB 173-- Commercial motor vehicles and school buses; prohibitions.........................................................................325, 467, 500, 1184, 1283, 3133, 3380
SB 174-- Torts; transfer of structured settlement payment rights; notices.................................................................................325, 822, 992, 1184, 1286
SB 175-- Discovery in felony cases; oral scientific reports; sentence hearings.....................................................................325, 1377, 1522, 1638, 1694
SB 176-- Septic tank waste; disposal sites; handling facilities....................................325
SB 177-- Public records; inspection; refusal to provide access; penalty ..........................................................................................................326
SB 178-- School Counselors; national certification; state salary increase ...............................................................................326, 499, 763, 1185, 1299, 2550, 2799, 3010, 3380
SB 179-- Patient Safe Prescription Drug Act; regulate electronically transmitted data............................................326, 761, 822, 1531, 1572
SB 180-- Water Planning Act of 2003 .........................................................................327
SB 181-- Drivers' Licenses and Auto Insurance; forms of Identification for noncitizens....................................................327, 1375, 1522

INDEX

3393

SB 182-- Nuisance abatement liens; tax liens; collection procedures; foreclosures......................................................327, 499, 763, 999, 1149, 2571, 2649, 3109, 3132
SB 183-- Livestock; contagious diseases, chemicals, poisons, toxins; reports .....................................................................328, 466, 500, 1184, 1291, 2479, 2763, 3380
SB 184-- Arson or Explosives used during commission of a felony; penalties............................................................................................352
SB 185-- Natural Gas; discontinuing service to persons age 65 or disabled; prohibit ..........................................................................................352
SB 186-- Abandoned Child Protection; newborns left at medical facility; revise penalty ..................................................................................353
SB 187-- Terrorism Prevention; rename Organized Crime Prevention Council ..................................................................353, 1180, 1322, 1531, 1578, 2153, 2752, 3380
SB 188-- Offense of fleeing a pursuing vehicle or police officer; punishment ...................................................................................................353
SB 189-- Peace Officers' Benefit Fund; membership; county jail officers..........................................................................................................354
SB 190-- Marriage licenses; repeal testing for syphilis requirements ........................................................................354, 466, 500, 767, 777, 3133, 3380
SB 191-- Medicaid; claims to recover cost of care from at fault third party .....................................................................................................354
SB 192-- Adoptions; access to vital records; original birth certificates ..........................................................................355, 822, 992, 1183, 1199, 2481, 2772, 3380
SB 193-- Teachers; contracts; procedures for terminating or suspending; hearings ...............................................................355, 1321, 1379, 1532, 1637, 1655, 2719, 2758, 3008, 3380
SB 194-- Education, local boards; conflicts of interest; certain employee activities ...................................................................355, 1179, 1322
SB 195-- Superior Court Clerks' Cooperative Authority; filing fees; real estate .............................................................................................356
SB 196-- Fulton County; authorization to operate certain recreational programs; repeal .......................................................................356

3394

INDEX

SB 197-- Fulton County; recreational programs in cities contributing to cost; repeal .......................................................356, 2027, 2031
SB 198-- Criminal background checks; child/elder care provider including youth sports .............................................................357, 1321, 1379, 1531, 1593
SB 199-- Child abuse records; prohibited disclosure when criminal action is pending ............................................................................357
SB 200-- Children in protective services; conviction data relevant to adult contacts..................................................................357, 821, 992, 1531, 1581, 2480, 3380
SB 201-- Child abuse records; DHR sharing information to Office of School Readiness ................................................358, 821, 992, 1185, 1297, 1531, 1582, 2480, 3380
SB 202-- Cartersville Building Authority Act; create ............................411, 1823, 1825, 3096, 3380
SB 203-- Charter Schools Act; virtual charter schools; provide construction ........................................................................412, 499, 763, 1530, 1561
SB 204-- Atlanta Board of Education and independent school system ......................................................................................412, 2027, 2031, 2046, 2090, 2102, 3091, 3114, 3380
SB 205-- Drug trafficking; anhydrous ammonia, methamphetamine, amphetamine ........................................413, 499, 763, 827, 960, 2021, 2827, 2838, 3380
SB 206-- Butts County Board of Elections and Registration; create .......................................................................................413, 1763, 1769, 3230, 3380
SB 207-- Timber harvesting operations; local regulatory authority ...413, 467, 500, 827, 958, 998, 999, 1000, 2720, 2948, 3380
SB 208-- Cobb County Superior Court; deputy clerk; compensation......................................................................414, 762, 765, 2717, 3380
SB 209-- DeKalb County Board of Registration and Elections; provide for ...............................................................................414, 1823, 1826, 1833, 2485, 2814, 3380
SB 210-- Home study students; public school extracurricular programs ..................................................................................414, 1179, 1322, 1637, 1677

INDEX

3395

SB 211-- Business corporations; mergers or share exchange; shareholders' rights .............................................................415, 500, 763, 1532, 1637, 1667, 2325, 2802, 3380
SB 212-- Employee's retirement; law enforcement personnel; enhanced benefits .........................................................................................438
SB 213-- Fireworks; pyrotechnics displays; proximate audience; site permits, license .............................................................438, 499, 763, 998, 1002, 2020, 3380
SB 214-- GBI Forensic Sciences Division; authority to disinter/reinter bodies .........................................................439, 822, 992, 1183, 1212, 2489, 2850, 3380
SB 215-- Peace Officers; training expenses; reimbursement by hiring agency ...........................................................................439, 1180, 1322, 1531, 1584, 2560, 3380
SB 216-- Charter Schools; funding; facilities fund; surplus property; bulk purchasing........................................................439, 1179, 1322, 1384, 1472
SB 217-- Civil Actions; class actions; comprehensive revisions........440, 762, 822, 998, 1001
SB 218-- Emergency Management Employees, 911 dispatchers; indemnification........................................................................440, 1180, 1322, 1384, 1398
SB 219-- PSC; applications and proceedings; administrative fees ..............................440
SB 220-- Cable television systems; customer service requirements; enforcement ...........................................................................441
SB 221-- State Road and Tollway Authority; limit use of toll revenues...............................................................................441, 762, 822, 998, 1008, 2489, 2853, 3380
SB 222-- Cobb County; Commission on Children and Youth; recreate ..................................................................................441, 991, 996, 2715, 2973, 3380
SB 223-- Teachers or other professional employees; contracts; complete terms.........................................................................459, 1179, 1322, 1531, 1585, 3097, 3380
SB 224-- Powder Springs, City of; city council terms and qualifications for office ...........................................................459, 2027, 2032, 2717, 3380
SB 225-- Civil Practice; Frivolous Litigation Prevention Act...................459, 990, 1180

3396

INDEX

SB 226-- Teachers' Retirement; creditable service; independent school system service ...................................................................................460
SB 227-- Vehicular homicide in the second degree; change provisions .....................................................................................................460
SB 228-- License plates; special for professional sports team foundations .........................................................................461, 762, 822, 1328, 1342
SB 229-- Driver Licenses; court conviction reports; transmittal fees...........................................................................................461, 1180, 1322, 1531, 1587, 2786, 2811, 3367, 3380
SB 230-- Atlanta and Fulton County Recreation Authority; limitation of powers......................................................................................461
SB 231-- Fulton County Library System; specify name; membership .............................................................................461, 2027, 2032, 2090, 2102
SB 232-- Internet Child Pornography Prevention Act .................................................461
SB 233-- Workers' compensation; change provisions .......................462, 762, 822, 1328, 1343, 1349, 2154, 2735, 3380
SB 234-- Gwinnett Judicial Circuit; new judgeship; term beginning 1/1/04........................................................................462, 990, 1180, 1639, 1717
SB 235-- Gwinnett Judicial Circuit; new judgeship; term beginning 7/1/03.........................................................................462, 990, 1180
SB 236-- Juvenile Proceedings; placement of child following termination order .......................................................................463, 502, 1375, 1522, 1637, 1641, 2488, 2839, 3380
SB 237-- Insurers; require publication of annual financial statement...................................................................................463, 1377, 1522
SB 238-- Insurance Commissioner; time period to approve rate filings, rating plans .......................................................................................463
SB 239-- Senatorial districts; apportionment and qualifications; change composition ...................................................................490, 503, 1180, 1530, 1534
SB 240-- Abortion; proper identification to physician; minor's parent or guardian.........................................................................................491
SB 241-- Family and Children Services, Department of; establish ............................491
SB 242-- Children's Vision Improvement and Learning Readiness Act ................................................................................................................491

INDEX

3397

SB 243-- Georgia Emergency Operations Plan; unified incident command system/training........................................................492, 1180, 1322, 1531, 1588
SB 244-- HOPE Scholarships; part-time students; residency; private school amount..............................................................492, 1376, 1522, 1639, 1718, 2559, 2794, 3011, 3380
SB 245-- Cobb County; board of commissioners; chairperson; compensation...........................................................................492, 1763, 1769, 1775, 2483, 3380
SB 246-- Water Reservoirs; locally funded; state must pay just compensation.............................................................................493, 991, 1180, 1328, 1354
SB 247-- Greenspace Trust Fund; taxpayer voluntary income tax contributions ..............................................................................493, 990, 1180, 1328, 1355, 2487, 3380
SB 248-- Student Achievement, Office of; create; education accountability assessment........................................................493, 1179, 1322, 1384, 1399, 1434
SB 249-- Student Achievement, Office of; powers, duties, and responsibilities.........................................................................494, 1179, 1322, 1384, 1435, 1471, 3214, 3222, 3380
SB 250-- Vehicle certificate of title application; owner's legal name, license number ................................................................494, 992, 1180, 1328, 1356, 2165, 2496, 3367, 3380
SB 251-- Warren County; board of education; nonpartisan election ....................................................................................756, 1823, 1826, 3231, 3380
SB 252-- Hart County; board of education; members; compensation...........................................................................756, 1823, 1827, 2717, 3380
SB 253-- Teachers' Retirement; University System employees; optional plan .................................................................................................756
SB 254-- Whistleblowers' Protection Act for Public School Employees ...............................................................................757, 1180, 1322, 1384, 1394
SB 255-- University System Employees; doing business with state.....................................................................................757, 821, 992, 1185, 1297, 2020, 3380

3398

INDEX

SB 256-- Highways; use of emergency lanes; transit buses; metro Atlanta area................................................................................757, 992, 1180, 1328, 1357, 3367, 3380
SB 257-- State Road and Tollway Authority; public-private initiative proposals ..................................................................758, 1322, 1328, 1379,1530, 1535, 2617, 2660, 2787, 2793, 2859, 3305, 3372, 3380
SB 258-- Elections; conversion to direct recording electronic (DRE) voting systems................................................................758, 991, 1180, 1328, 1358, 2147, 2298, 2445, 2497, 2615, 3028, 3070, 3373, 3380
SB 259-- DeKalb County; board of registration and elections ...............758, 1379, 1522
SB 260-- Buford, City of; new charter....................................................759, 1379, 1382, 1382, 2020, 2818, 3380
SB 261-- Zoning procedures; land adjacent military base, installation, or airport ..............................................................810, 1322, 1379, 1531, 1594, 1597, 3009, 3117, 3369, 3380
SB 262-- Drivers' Licenses; applications; use of military identification card....................................................................810, 1378, 1522, 1639, 1715
SB 263-- Vital Records; birth certificate in legitimations, paternity, adoptions ......................................................................................810
SB 264-- Community living arrangements or drug abuse treatment facilities ...................................................................811, 1376, 1522, 1639, 1725, 3006, 3380
SB 265-- Emergency Medical; automated external defibrillators; registration requirement...........................................................811, 1376, 1522, 1639, 1713, 3006, 3380
SB 266-- College Students; vaccination against meningococcal meningitis ................................................................................811, 1376, 1522, 1639, 1722
SB 267-- Eminent domain; condemnation; electric power plants, power lines ...................................................................................................812

INDEX

3399

SB 268-- Public school speech-language pathologists and audiologist; salaries ......................................................................................812
SB 269-- Jail booking fees; operates a jail; imposition and collection in traffic court ..............................................................................812
SB 270-- Wrens, City of; mayor pro tem; provide for; vacancies ..........813, 1823, 1827, 3231, 3380
SB 271-- Transportation Department; peace officers as nonuniform investigators..............................................................................813
SB 272-- Telemarketing; solicitation to cellular telephone subscribers; no call list ............................................................813, 1321, 1379, 1530, 1552, 2483, 3380
SB 273-- Public-Private Infrastructure Act; facilitate development of projects ..........................................................814, 1179, 1322, 1531, 1590
SB 274-- Revenue bonds; issuance of obligations; change certain provisions .....................................................................................................814
SB 275-- Macon County; board of education; election of members; revise districts .........................................................973, 1823, 1827, 2716
SB 276-- Macon County; board of commissioners; election of members; revise districts .........................................................974, 1823, 1827, 2716
SB 277-- Ad valorem taxes; conservation use covenant; renewal period.......................................................................................974, 1378, 1522, 1638, 1683, 2616, 3380
SB 278-- Telfair County; board of commissioners; reconstitute ............974, 1379, 1382, 2484, 3380
SB 279-- License plates; prestige/special; honoring Masons ..................975, 1378, 1522
SB 280-- Vehicle liability insurance; cancellation by active duty military personnel ....................................................................975, 1377, 1522, 1638, 1684
SB 281-- Children; prohibit the sale or offer for sale of a child.............975, 1378, 1522, 1639, 1705
SB 282-- Health insurance; state employees no longer covered by federal insurance plan..............................................................976, 1377, 1522, 1640, 1739
SB 283-- License plates; special; "Share the Road" message.................976, 1378, 1522, 1638, 1703
SB 284-- Drug Trafficking Prevention Act .................................................................976
SB 285-- Death investigations; persons receiving "compensated care"; notification .........................................................................................977

3400

INDEX

SB 286-- HOPE Scholarship tuition grants; eligible part-time students .........................................................................................................977
SB 287-- HOPE Scholarship tuition grants; change residency requirements .................................................................................................977
SB 288-- Jackson County; probate judge, chief magistrate; nonpartisan elections ................................................................977, 1764, 1770
SB 289-- Franklin County; probate judge, chief magistrate; nonpartisan elections ...............................................................978, 1763, 1770, 2022, 2820, 3380
SB 290-- Franklin County; county attorney provisions; commission meetings ..............................................................978, 1918, 1922, 3091, 3134, 3380
SB 291-- Property; historic grants funding; combat veterans' gravesites .................................................................................978, 1375, 1522, 1638, 1688, 2488, 3380
SB 292-- Law enforcement agencies; emergency response; vehicular pursuit policies.........................................................978, 1379, 1522, 1639, 1711, 2549, 2666, 3008, 3380
SB 293-- Protection of the Victims of Domestic Violence Act..............979, 1377, 1522, 1639, 1724
SB 294-- Public school systems; purchasing contracts and bid price regulations ......................................................................979, 1321, 1379, 1531, 1637, 1653
SB 295-- Newton County; board of commissioners; reconstitute districts ....................................................................................979, 1763, 1770, 2358, 3380
SB 296-- County jails; full-time dispatcher as full-time jailer under certain conditions ...............................................................................980
SB 297-- Offense of fleeing or attempting to elude a police officer; penalties ...........................................................................................980
SB 298-- Divorce; grounds; extend time frame; effect of legal separation on children ..................................................................................980
SB 299-- Motor vehicle; certificate of title; fraudulent acts; penalties ........................................................................................................ 981
SB 300-- Alcoholic beverages; Sunday package sales ......................................981, 1183
SB 301-- License plates; special; parents of persons with disabilities................................................................................981, 1378, 1522, 1637, 1681
SB 302-- Handicapped parking; enforcement; change provisions ..............................981
SB 303-- Wages paid by state contractors or subcontractors; living wage requirements .............................................................................982

INDEX

3401

SB 304-- Prescription Drugs; Georgia Rx Plan for Seniors Act..................................982
SB 305-- Employees' Retirement; creditable service; prior temporary full-time employees.....................................................................982
SB 306-- Courts Technology Advisory Board and Council; provide for ....................................................................................................983
SB 307-- Transportation Department; employment of investigators..................................................................................................983
SB 308-- Cartersville-Bartow County, Joint Regional Development Authority; tax exemption ..................................983, 1823, 1828, 2718, 3380
SB 309-- Street Gangs; graffiti; violent acts; weapons possession; prohibitions...................................................................................................983
SB 310-- Graffiti visible from adjoining public or private property; nuisance abatement ...................................................984, 1378, 1522
SB 311-- Criminal trespass and damage to property; crime of possession of tools........................................................................................984
SB 312-- Graffiti; criminal damage to property; programs for compensating owners ..............................................................984, 1379, 1522, 1640, 1726
SB 313-- Graffiti; compensation to property owners; use of inmate labor to remove............................................................985, 1379, 1522, 1640, 1727
SB 314-- Patient's right under managed health care plans; define terms ...........................................................................................................1168
SB 315-- Medicaid; managed health care; medically necessary health care pilot program............................................................................1168
SB 316-- Landlord and Tenant; dispossessory proceedings; abandoned tenant property .........................................................................1169
SB 317-- Deer Hunting; closed and open seasons; bag limits and antler restrictions ...................................................................1169, 1378, 1522, 1639, 1723
SB 318-- Assistant District Attorneys; retirement; prior service credit ...........................................................................................................1169
SB 319-- Administrative law judge; contested cases; testimony...............................1170
SB 320-- Troup County Public Facilities Authority; create..................1170, 1763, 1771, 2358, 3380
SB 321-- Meriwether County; probate judge; nonpartisan elections.................................................................................1170, 1763, 1771, 2358, 3380
SB 322-- Troup County; board of commissioners; reconstitute ...........1171, 1763, 1771, 2357, 3380
SB 323-- Troup County; probate judge; nonpartisan elections.............1171, 1763, 1772, 2359, 3380

3402

INDEX

SB 324-- Property Involved with Illegal Drug Activities; enhanced penalties.................................................................1171, 1378, 1522, 1700
SB 325-- Railroad Companies; shall not operate remote controlled locomotives ...............................................................................1172
SB 326-- Child Custody; right of children; selection of custodial parent; certain ages .....................................................................................1172
SB 327-- Temple, City of; mayor and councilmembers; election and terms ...............................................................................1172, 1763, 1772, 1775, 2359, 3380
SB 328-- Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties ............................................................1172, 1378, 1522
SB 329-- Health Care; Spending Account and Consumer Driven Health Plan Advancement .....................................................1173, 1377, 1522, 1638, 1686, 2149, 2297, 2482, 2495, 2615, 3020, 3098, 3380
SB 330-- BROC; members; appointment and time of service..............1173, 1378, 1522, 1637, 1672, 1674
SB 331-- Powder Springs Downtown Development Authority; limit powers to levy taxes......................................................1304, 2027, 2033, 2092, 2102, 2718, 3380
SB 332-- Hart County; probate judge; chief magistrate; nonpartisan elections .............................................................1305, 1763, 1772, 2022, 2821, 3380
SB 333-- Vaccination program for emergency responders exposed to infectious diseases...............................................1305, 1376, 1522, 1638, 1691
SB 334-- Highways; billboards; repeal tree trimming permits; change other provisions ...........................................................................1305
SB 335-- Civil Actions; attorney's fees/expenses awarded to prevailing party...........................................................................................1306
SB 336-- Tort Immunity; federal smallpox vaccination program providers ................................................................................1306, 1376, 1522, 1638, 1692
SB 337-- Civil Actions; habeas corpus procedures; statute of limitations; filing petition ...........................................................................1306
SB 338-- Ethics; distribution of campaign contributions; ordinary, necessary expenses.................................................1307, 1376, 1522, 1640, 1732

INDEX

3403

SB 339-- Family Violence Fatalities; provide review panels and local committees.........................................................................................1307
SB 340-- Voting; direct recorded electronic voting systems; paper vote summaries .................................................................................1307
SB 341-- Electrical sign contracting; licensure of contractors ..................................1308
SB 342-- Local Government Contracts; bid opportunity advertisements; Georgia Procurement Registry ....................1308, 1379, 1522, 1640, 1728
SB 343-- White County Board of Education; reconstitute districts.......1308, 1763, 1773
SB 344-- State employees; consumer driven health plan option (CDHP)..................................................................................1309, 1377, 1522, 1639, 1714
SB 345-- State Fire Marshal and Staff; investigatory powers; arrests; search warrants .........................................................1309, 1378, 1522, 1639, 1712, 3332, 3351, 3380
SB 346-- Teen dating violence; prevention education program ...........1309, 1376, 1522, 1638, 1699, 3006, 3380
SB 347-- Homestead property; levy, sale; reciprocal exemption; judgment debtor/creditor .......................................................1310, 1378, 1522, 1637, 1675
SB 348-- Tire scrap disposal and storage; county/municipality enforce ordinance ..................................................................1310, 1378, 1522, 1640, 1733
SB 349-- Identity Fraud; law enforcement investigations; consumer victims damages....................................................1310, 1378, 1522, 1637, 1682
SB 350-- Health care claims filed electronically; expedited processing; timely payment ..............................................................1311, 1337
SB 351-- Public records; exempt disclosure of home address, certain telephone numbers..........................................................................1311
SB 352-- Alcoholic beverages; defective products exchange or return; product samples ..............................................................................1311
SB 353-- Austell, City of; Facilities Authority; create .........................1312, 1918, 1922, 3097, 3380
SB 354-- Teachers; pay level for doctorate degree in any field.................................1312
SB 355-- Medical Liability Insurance; Medical Malpractice Market Stability Act ...................................................................................1312
SB 356-- Greenhouse gas emissions; Carbon Sequestration Registry Act................................................................................................1314

3404

INDEX

SB 357-- Motor Vehicles; used parts dealers' registration; redefine rebuilder ..................................................................1314, 1378, 1522, 1640, 1737, 1738
SB 358-- Medical Malpractice Insurance Premium Reform Act...............................1315
SB 359-- Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act ................................................................1315
SB 360-- Clayton County Board of Elections and Registration; create .....................................................................................1367, 1763, 1773, 2359, 3380
SB 361-- Regulatory Reform Act ..............................................................................1367
SB 362-- Lowndes County, Board of Commissioners; powers and duties .....................................................................................1368, 1823, 1828, 3231, 3380
SB 363-- Thomas County; Probate Court Judge; nonpartisan nomination/election ...............................................................1512, 1823, 1828, 3097, 3380
SB 364-- Colquitt County; Probate Court Judge; nonpartisan nomination/election ...............................................................1512, 1823, 1828, 3097, 3380
SB 365-- Local Government; internet request proposal, notice; contract/bid requirements ...........................................................................1512
SB 366-- Sugar Hill, City of; new charter ............................................1513, 1823, 1829, 3091, 3116, 3380
SB 367-- Sewage on-site management systems; DHR authorization; state-wide regulations..........................................................1513
SB 368-- Grady County; Probate Court Judge; nonpartisan election ..................................................................................1513, 1823, 1829, 2718, 3380
SB 369-- Macon County; board of elections and registration; create ......................................................................................1513, 1823, 1829
SB 370-- Wayne County; probate judge, chief magistrate; time of nonpartisan elections..........................................................1611, 1918, 1922
SB 371-- Long County; probate judge; time of nonpartisan elections..................................................................................1612, 1918, 1923
SB 372-- McIntosh County; board of education; provide new districts ..................................................................................1612, 1764, 1773, 2357, 2788, 3380
SB 373-- Madison County; probate judge, chief magistrate; nonpartisan elections .............................................................1612, 1823, 1830, 2718, 3380
SB 374-- Clayton County; board of education; vacancies ....................1612, 1918, 1923, 2718, 3380
SB 375-- Norcross, City of; change corporate limits.................................................1613

INDEX

3405

SB 376-- Health Access Improvement Act................................................................1613
SB 377-- Duluth, City of; new charter..................................................1760, 1823, 1830, 2484, 3380
SB 378-- Gray, City of; change corporate limits .......................................................1760
SB 379-- Dougherty County; change description of commission districts .......................................................................................................1760
SB 380-- Dougherty County; change description of education districts .......................................................................................................1761
SB 381-- Baker/Mitchell County consolidated high school; expiration of contract.............................................................1791, 2027, 2033, 2718, 3380
SB 382-- Mitchell County; Probate Court Judge; nonpartisan nomination/election ...............................................................1791, 2027, 2033, 2719, 3380
SB 383-- Meriwether County; board of elections and registration; create .....................................................................................1813, 2027, 2034, 2719, 3380
SB 384-- MARTA; board of director member; voting member of regional development center.......................................................................1814
SB 385-- Cobb County; Gateway Regional Information Center, Inc. Act .......................................................................................................1814
SB 386-- Dekalb County; school taxes collected by tax commissioner; reimbursement....................................................................2022
SB 387-- Richmond County; probate judge; nonpartisan elections.......2023, 2694, 2701
SB 388-- Haralson, City of; provide new charter ..................................2023, 2694, 2702
SB 389-- Cook County; board of commissioners; transition terms of office ......................................................................................................2689

3406

INDEX

SENATE RESOLUTIONS
SR 1-- Use of public money for public health social services by religious or sectarian organizations .........................................134, 1377, 1522, 1639, 1707
SR 2-- Senate convened; notify House of Representatives..........................................9 SR 3-- Joint Session; Inauguration of Governor and Lieutenant
Governor.....................................................................................................9, 15 SR 4-- Senate Officials, Employees, and Committees.................................................9 SR 5-- Senate; Adopt Rules .......................................................................................10 SR 6-- Designate; Earl T. Shinholster Interchange and Bridge ......58, 418, 445, 1633,
1635,1636, 3304, 3380
SR 7-- Baldowski, Steven Phillip; commend.............................................................54 SR 8-- Baldowski Jr., Robert Neal; commend...........................................................54 SR 9-- Carroll, Brent; commend ................................................................................54 SR 10-- Johnston, Alexander; commend .....................................................................54 SR 11-- Johnson, Lorraine A.; commend ..............................................................54, 60 SR 12-- Taxation; legislation for any state tax; approval by
General Assembly...........................................................................58, 499, 763 SR 13-- Atlantic Intracoastal Waterway Association; commend ................................81 SR 14-- Blacks Creek Baptist Church; commend........................................................81 SR 15-- Lee, Bernetta; commend.........................................................................81, 120 SR 16-- Lanierland Music Park; commend..................................................................88 SR 17-- Sullivan, Grace Elizabeth; celebrating birth...................................................88 SR 18-- Hamby, Jessica Leigh; celebrating birth.........................................................88 SR 19-- Tucker, Bella Brooks; celebrating birth .........................................................88 SR 20-- Joint Session of General Assembly; message from
Governor, January 27 at 7:30 P.M......................................................86, 88, 97 SR 21-- Carter, Joseph Anthony Sr.; honor the life of.................................................95 SR 22-- Toxic Mold Study Committee; creating .....................................94, 1378, 1522 SR 23-- Designate; Dean Bryant Intersection; Lumpkin County ....94, 992, 1180, 1633,
1635, 2485, 2823, 3105, 3110
SR 24-- Millward, Kevin; commend............................................................................96 SR 25-- Highsmith, Armand Bates; celebrating birth..................................................96 SR 26-- Vinson, Andrew; commend............................................................................96 SR 27-- Stephens, Alex Maxson; celebrating birth .....................................................96 SR 28-- Stephens, Kendall Addison; celebrating birth ................................................96

INDEX

3407

SR 29-- English, Paschal; Superior Court Judge; Griffin Circuit; commend ......................................................................................................111
SR 30-- Murphy, Liam Thomas; celebrating birth.....................................................111 SR 31-- Professional Association of Georgia Educators (PAGE);
commend ..............................................................................................121, 190 SR 32-- Cable, Susan W.; commend..........................................................................121 SR 33-- Georgia Farm Bureau Federation; commend .......................................121, 153 SR 34-- Shipman, Reverend James; honoring anniversary........................................121 SR 35-- Blue Ribbon Commission on Response, Investigation,
Prosecution of Sexual Assault Offenses.............................119, 202, 224, 1640, 1746, 2550, 2730, 3253, 3380
SR 36-- Statewide Homestead Exemption Grants; mandated appropriation ................................................................................................119
SR 37-- Georgia Forestry Association; commend .............................................121, 131 SR 38-- Designate; Earl Paulk Parkway; DeKalb County .........................119, 418, 445 SR 39-- Richards, Laura Washington; condolences ..................................................130 SR 40-- Kenty, Sammie Edward Sr.; honoring his retirement...................................131 SR 41-- Hytowitz, Neil; commend.............................................................................131 SR 42-- Gelbrich, Peter; commend ............................................................................131 SR 43-- Dallas First Baptist Church Sanctuary; expressing
regret at the loss of .......................................................................................137 SR 44-- Gaines, Joseph J.; commend.........................................................................137 SR 45-- Hart County; recognize 150th anniversary...................................................138 SR 46-- Fowler, Bishop Miles E.; honoring ..............................................................138 SR 47-- Mulkey, Amy Suzanne; Miss Georgia 2002; commend.......................138, 190 SR 48-- Firefighters' Recognition Day; commend.............................................138, 163 SR 49-- Medicare prescription drug benefit coverage; urge
Congress to enact.................................................................135, 202, 224, 338, 345, 1791
SR 50-- Davis, Robert R.; condolences .....................................................................138 SR 51-- Benson, Earl 'Buck', Jr.; condolences...........................................................138 SR 52-- Murphy, Thomas B.; former Speaker of the House;
honoring........................................................................................................153 SR 53-- Music Industry Committee; interim study committee;
citizens' advisory council; create ........................................152, 417, 445, 1531, 1592
SR 54-- Community Health Centers in medically underserved areas; recognizing.........................................................................................153

3408

INDEX

SR 55-- Prescription Drugs for Seniors, Joint Study Committee; create ..................................................................................152, 223, 251, 1638, 1702
SR 56-- Franklin County High School Automotive Class; commend ......................................................................................................163
SR 57-- Phillips, Anne Chandler; Director of Elections in Hall County; commend.................................................................................163, 435
SR 58-- Porter, Dr. Orval; Superintendent of the Year 2003.............................163, 446
SR 59-- Humphrey, Tasha; commend........................................................................163
SR 60-- Designate; William Ira (W.I.) Still, Jr. Highway; Gwinnett County ................................................................160, 418, 445, 1633, 1636
SR 61-- Loganville, City of; commend......................................................................163
SR 62-- Sailor, Dr. W. Ron, Sr.; commend ...............................................................164
SR 63-- Columbia Space Shuttle and its Heroic Astronauts; tribute to .......................................................................................................153
SR 64-- Mordecai, Erin A.; commend .......................................................................164
SR 65-- Bain, Stephen J.; commend ..........................................................................164
SR 66-- Designate; William S. Hutchings Bridge; Bibb County............160, 991, 1180, 1633, 3305
SR 67-- Designate; Thelma 'T-Lady' Ross Bridge; Bibb County ...........161, 992, 1180, 1633, 3304, 3343, 3363, 3380
SR 68-- Maxwell, Mrs. Francis Baldwin; commend .................................................164
SR 69-- Designate; Dan J. DeLoach Highway; Echols County..............161, 992, 1180, 1633, 2549, 3380
SR 70-- COP, Color of Public Safety Prayer Breakfast; commend ......................................................................................................164
SR 71-- Wilson, David, Sr., Petty Officer; commend................................................180
SR 72-- Lumpkin, Corey; commend..........................................................................180
SR 73-- Athens Area Chamber of Commerce 100th Anniversary; commend.........................................................................180, 434
SR 74-- Georgia, University of; 2002 football team; SEC champions; commend ...........................................................................181, 204
SR 75-- Logan, Hugh; outstanding public service; commend ...................................181
SR 76-- Cosmetology and Barber's Day in Georgia; commend.................................181
SR 77-- Eldridge, Doc; Mayor, Athens-Clarke County; commend ......................................................................................................181
SR 78-- Ford, Linda; outstanding public service; commend .....................................181
SR 79-- Sheats, Alvin; outstanding public service; commend...................................181
SR 80-- Richt, UGA Coach Mark; commend ....................................................181, 204

INDEX

3409

SR 81-- Firefighters 31st Annual Recognition Day; commend ................................182 SR 82-- Dyer, Jodi Lynn; commend ................................................................182, 1942 SR 83-- Positive Growth, Inc.; commend ..................................................................182 SR 84-- Christenberry, George A.; commend............................................................182 SR 85-- Georgia v. Ashcroft Redistricting Case; support of the
Governor; urging the Attorney General to dismiss the appeal...................................................................................169, 188, 203, 253,
254 SR 86-- Clayton County PRIDE Team; commend ....................................................180 SR 87-- Korean Immigration; 100 years; recognizing.......................................182, 190 SR 88-- Bland, Laura; Watermelon Queen; commend ......................................190, 311 SR 89-- Wright, Janie Mae Fields; condolences........................................................190 SR 90-- Designate; Byrd M. Bruce Interchange; Jefferson .............187, 418, 445, 1634,
3304, 3380 SR 91-- McKie, Joel; commend.................................................................................190 SR 92-- Sethna, Dr. Beheruz N.; commend...............................................................190 SR 93-- Earley, Michelle; commend..................................................................190, 377 SR 94-- Cordele-Crisp County Fish Fry; recognize...................................................191 SR 95-- Bryant, Vivian Greene; condolences ............................................................191 SR 96-- Duncan, Clarke W.; condolences .................................................................191 SR 97-- Cosmetology and Barber's Day; commend...................................................191 SR 98-- Public Safety Employees Day; commend.............................................191, 482 SR 99-- King, Horace, Master Builder of Covered Bridges;
tribute to .......................................................................................................191 SR 100-- Milledgeville, Georgia; 200th anniversary...........................................191, 260 SR 101-- Brooks, Matilda Beal; 100th birthday ..........................................................192 SR 102-- Garden Club of Georgia; commend .....................................................192, 203 SR 103-- Perry High School Future Farmers of America;
commend ......................................................................................................204 SR 104-- Houston County High School Future Farmers of
America; commend ......................................................................................204 SR 105-- Albany-Dougherty County Day; recognize ..................................................204 SR 106-- Women in Construction Week; recognize....................................................204 SR 107-- State Retirement Plan Options; Joint Study Committee;
create ..................................................................................200, 418, 445, 1532, 1637, 1666
SR 108-- House of Representatives; reapportionment; election from single-member districts........................................................................200
SR 109-- Positive Growth, Inc.; treatment for at-risk youth; commend ..............................................................................................225, 363

3410

INDEX

SR 110-- Adjournment; relative to......................................................215, 228, 243, 321, 435
SR 111-- GAE, Georgia Association of Educators Legislative Conference Day; recognize ..................................................................225, 294
SR 112-- Cathedral at Chapel Hill and Cathedral Academy; recognize ......................................................................................................225
SR 113-- Women in Construction Week, NAWIC Atlanta chapter; recognize.........................................................................................225
SR 114-- African American Business Enterprise Day; proclaiming...........................................................................................225, 312
SR 115-- Georgia Recreation and Parks Association; recognize.........................225, 294
SR 116-- Huefner, Robert; Wendy's High School Heisman Award; commend .........................................................................................252
SR 117-- Boy Scouts; National Good Turn Day Food Project; commend ......................................................................................................252
SR 118-- Gentry, Mary; commend...............................................................................252
SR 119-- Alligood, Dustin Chad; commend................................................................253
SR 120-- Public Property; conveyance; granting of easements for facilities, utilities 15 counties and Tennessee .....................248, 445, 467, 767, 781, 1913, 2232, 2283, 2445, 2498, 2616, 2864, 2907, 3011, 3380
SR 121-- Public Property; conveyances; Macon, Muscogee, Richmond, Talbot, Troup, Decatur, Fulton, Coffee, Baldwin Counties ................................................................248, 445, 467, 767, 782, 1914, 2283, 2284, 2687, 3380
SR 122-- Senate Rules; amend; Committee on Ethics, new name, powers, duties .......................................................................248, 360, 365, 366
SR 123-- Domenico, Lauren Louise; celebrate birth ...................................................268
SR 124-- Fowler, Alexis Katherine; celebrate birth ....................................................268
SR 125-- Kennedy, Nancy C.; commend.....................................................................268
SR 126-- Haley, Johnathan; GOAL Leadership Award; commend.....................269, 377
SR 127-- High Tech Day in Georgia; proclaiming ......................................................269
SR 128-- Peanut Butter and Jelly Day at Capitol; commend.......................................269
SR 129-- Knight, Jenna; 4-H member; commend........................................................269
SR 130-- Roach, Chris; 4-H member; commend .........................................................269
SR 131-- Fletcher, Abby; 4-H member; commend ......................................................269
SR 132-- Ledbetter, Lauren; 4-H member; commend .................................................269
SR 133-- Munro, Hillary; 4-H member; commend......................................................269

INDEX

3411

SR 134-- Randall, Nekeisha; 4-H member; commend.................................................270 SR 135-- Stephens, Lisa; 4-H member; commend.......................................................270 SR 136-- Whorton, Stefanie; 4-H member; commend.................................................270 SR 137-- Ryles, Cole; 4-H member; commend ...........................................................270 SR 138-- Hammack, Heidi; 4-H member; commend...................................................270 SR 139-- Kelley, Brittani; 4-H member; commend .....................................................270 SR 140-- Payne, Christina; 4-H member; commend....................................................270 SR 141-- Sims, Cliff; 4-H member; commend ............................................................270 SR 142-- O'Neal, Laurel; 4-H member; commend ......................................................270 SR 143-- Davis, Kristen; 4-H member; commend.......................................................271 SR 144-- Wilson, Matthew; 4-H member; commend ..................................................271 SR 145-- 4-H Day at State Capitol; recognize .....................................................271, 419 SR 146-- Educational Testing, Study Committee on; create .............308, 499, 763, 1799,
1800 SR 147-- Perry, Marcus; commend..............................................................................312 SR 148-- Demosthenian Literary Society; commend ..................................................312 SR 149-- Gresham, J.T. " Tommy"; honoring ...................................................312, 1799 SR 150-- Designate; certain transportation facilities; Jasper
County; Meriwether County; Peach County.......................308, 467, 500, 1633, 2559, 2746, 3380
SR 151-- Bonaire Middle School Jazz Band; commend..............................................312 SR 152-- Smith, Lela and Percy; 60th wedding anniversary;
congratulate ..................................................................................................312 SR 153-- Brunswick Chapter of the Daughters of the American
Revolution; commend ..................................................................................313 SR 154-- Israel; fight against terrorism; express support ............................................313 SR 155-- Pickett, Curtis Lee; condolences; Sleep Apnea
Awareness; recognize...................................................................................313 SR 156-- Buchanan, City of; new City Hall; commend...............................................313 SR 157-- Wyatt, Sarah; Miss Cobb County 2003; congratulate ..................................313 SR 158-- Breathe Georgia Day at the State Capitol; recognize ...................................313 SR 159-- Sales tax on motor fuel; proceeds for local assistance
road programs...............................................................................................308 SR 160-- Taxpayers' Dividend Act; restrict amendments that
increase appropriations.................................................................308, 499, 763 SR 161-- Rockdale County; recognize.................................................................311, 313 SR 162-- Motorcycle Awareness and You Month; recognize .....................................313 SR 163-- Limitation on State Taxation, Spending, and New or
Expanded Activities; revenue limits; excess revenues; emergencies ..................................................................................................328

3412

INDEX

SR 164-- Paul, Rebecca; commend..............................................................................312 SR 165-- Philpot, Anslie Garner; commend ................................................................314 SR 166-- Dynamic 55th Senate District Advisory Council;
recognize ......................................................................................................334 SR 167-- Wayne County 4-H (Senior) Archery Team; commend ...............................334 SR 168-- YMCA of Georgia; Youth Assembly and Junior Youth
Assembly programs; commend ....................................................................334 SR 169-- Emergency Medical Services (EMS) Recognition Day;
commend ......................................................................................................335 SR 170-- Smith, Edith; commend ................................................................................335 SR 171-- Designate; Dixie Highway Auto Trail; certain NW
Georgia and northern metro Atlanta roads .........................328, 762, 822, 1633, 1634, 1636, 2550, 2791, 3380
SR 172-- Future Educators of America; support .........................................................335 SR 173-- Turner, Master Trooper Robert Kevin; recognize........................................335 SR 174-- Cronin, Officer Stewart; Macon Police Dept.; recognize ............................335 SR 175-- Oliva, Janet R.; GBI Assistant Special Agent; recognize ............................335 SR 176-- Stancil, Steve; recognize public service .......................................................335 SR 177-- Hargrove, Mary Stone; honoring..................................................................336 SR 178-- USA Track & Field Recognition Day in Georgia;
commend ......................................................................................................336 SR 179-- McGee, Dave; recognize ..............................................................................336 SR 180-- Medical Center Auxiliary of Columbus, Georgia;
commend ......................................................................................................336 SR 181-- Jerkins, Joe; Mayor of Austell; commend ....................................................336 SR 182-- Parkview High School Panthers football team;
commend ......................................................................................................336 SR 183-- Atlanta Motor Speedway Day at the State Capitol...............................336, 773 SR 184-- Designate; Burke (County) Veterans Parkway to honor
military veterans .................................................................328, 467, 500, 1633 SR 185-- Centennial of Flight Celebration; National 100th
anniversary; recognize..................................................................................362 SR 186-- Jones, Terry Ray; condolences .....................................................................362 SR 187-- Tudela, Mark Allen; commend.....................................................................362 SR 188-- Scarbrough, Ethel 'MawMaw' Day in Ellenwood;
recognize ......................................................................................................362 SR 189-- Bremen, Georgia; 120th Anniversary; recognize .........................................362 SR 190-- Stephens, Robert G., Jr.; condolences ..........................................................362 SR 191-- Clinch County High School 2002 football team;
commend ..............................................................................................362, 435

INDEX

3413

SR 192-- National Emu Week; Georgia Emu Association; recognize ............................................................................................362, 1799
SR 193-- Sims, Ms. Jena; commend ............................................................................363
SR 194-- Suwanee, City of; City of Excellence designation; commend ......................................................................................................363
SR 195-- Foster, Joseph; Renaissance Personal Development Program; commend ......................................................................................363
SR 196-- Hennessey, Zelma; South Westview Against Drugs; commend ......................................................................................................363
SR 197-- Albany-Dougherty County Day at the State Capitol; recognize ......................................................................................................363
SR 198-- Savannah St. Patrick's Day Committee and Grand Marshal .................................................................................................363, 435
SR 199-- Perez, Daniel L.; commend ..........................................................................419
SR 200-- Wiggins, Hal and responding EMS/LifeStar professionals; commend ...............................................................................419
SR 201-- Alpha Kappa Alpha Sorority, Inc.; commend ....................................419, 1631
SR 202-- Screven County High School football team; First State Title; commend.....................................................................................419, 502
SR 203-- Partnership for Health and Accountability; commend .................................419
SR 204-- Rural Health Association and Rural Health Day; commend ......................................................................................................419
SR 205-- Nigeria; Consul-General Joe Keshi; Africa Day at the Capitol ..........................................................................................................420
SR 206-- Hankerson, David; commend ...............................................................447, 502
SR 207-- Fallin, Aubrey E.; commend...............................................................447, 1181
SR 208-- Georgia Tourism Day; commend .................................................................447
SR 209-- Walling, Bob; condolences...........................................................................447
SR 210-- Marcus Jewish Community Center; Harris Jacobs Dream Run; commend..................................................................................447
SR 211-- Campbell, Kim; Canadian Prime Minister; recognize .........................447, 763
SR 212-- Indemnification of Emergency Personnel, Joint Study Committee; create.........................................................................................442
SR 213-- Emergency Management Employees and 911 operators and dispatchers; indemnification..................................................................442
SR 214-- Boyce, Louise; Senior Georgian; commend.................................................447
SR 215-- Benevolence Baptist Church; 150th Anniversary; recognize ......................................................................................................469
SR 216-- Jamieson, Honorable Jeanette; commend.............................................469, 993
SR 217-- Holloway, Jenelsie Walden; commend ........................................................469
SR 218-- Terry, Rev. Ronald E., Sr.; 24th Anniversary; honoring..............................469

3414

INDEX

SR 219-- Silver-Haired Legislature; commend ...................................................469, 502
SR 220-- Improvement of the HOPE Scholarship Joint Study Commission; create ............................................................464, 762, 822, 1639, 1716, 2549, 3380
SR 221-- Frese, Tina; commend ..................................................................................501
SR 222-- Grant, Charles; honoring ..............................................................................501
SR 223-- Kenyon, Judge Allen Richard; pay tribute ...................................................502
SR 224-- Property Conveyances; authorizing in 8 counties; Baldwin, Bartow, Chatham, Decatur, DeKalb, Fulton, Wayne and White .........................................................................................494
SR 225-- China; ' The Georgia China Future'; public-private initiative to increase trade........................................................494, 1375, 1522, 1638, 1701
SR 226-- Congressional Delegation; urge pass President Bush's 2003 Economic Growth/Tax Relief Plan ................................495, 1378, 1522, 1640, 1745
SR 227-- Tobacco Master Settlement Agreement; state's payment rights; request for proposals .................................................................495, 764
SR 228-- Federal Food Stamp Program for low-income Georgians; urge DHR adopt options to provide access............495, 2026, 2028
SR 229-- Designate; Charles F. Hatcher Highway; Baker County...........495, 992, 1180, 1633, 2549, 3380
SR 230-- Senior Week at the Capitol; acknowledge....................................................502
SR 231-- Parker, Linda H.; commend..........................................................................764
SR 232-- Missile Defense System; declare support................................759, 1322, 1379, 1640, 1743
SR 233-- Adjournment; relative to.......................................................................773, 776
SR 234-- Unemployment Insurance Trust Fund; Joint Study Committee; create......................................................................759, 990, 1180, 1638, 1690, 2559, 2726, 3009, 3380
SR 235-- North, Cadet Daniel; recognize and commend.............................................764
SR 236-- Gallman, Cadet Alex; recognize and commend ...........................................764
SR 237-- US Korea Daily News; 2000th edition; recognize publishing .....................................................................................................764
SR 238-- Daniels, Linda; honor ...................................................................................764
SR 239-- Duke, William A. Jr.; commend...................................................................823
SR 240-- Savannah River; urge bilateral port commission; GA/SC interstate compact .........................................................814, 990, 1180, 1638, 1698
SR 241-- National Guard Day; commend....................................................................824

INDEX

3415

SR 242-- Adjournment; relative to.............................................................808, 809, 1505 SR 243-- Fostor, Ashley; commend.............................................................................824 SR 244-- Brye, Annie Johnson; commend...................................................................824 SR 245-- Richardson, Honorable Eleanor L.; recognize .............................................824 SR 246-- Dixon Grove Baptist Church; recognize ......................................................824 SR 247-- Magnolia Manor, South Georgia Methodist Home for
the Aging; commend ....................................................................................824 SR 248-- Ashley, Corporal Rick; commend ................................................................824 SR 249-- Kappa Alpha Psi Fraternity, Inc.; commend ................................................824 SR 250-- Rathvon, Bryan F.; recognize .......................................................................825 SR 251-- Acuff, Matthew E.; recognize ......................................................................825 SR 252-- Greene, Zachary D.; recognize .....................................................................825 SR 253-- Henry, Jeffrey R.; recognize.........................................................................825 SR 254-- Giddens, Grant D.; recognize .......................................................................825 SR 255-- Young, Brian C.; recognize ..........................................................................825 SR 256-- Young, Kevin M.; recognize ........................................................................825 SR 257-- Thach, Frank F. Jr.; commend......................................................................993 SR 258-- U.S. Armed Forces serving Operation Iraqi Freedom;
expressing support and appreciation ............................................................825 SR 259-- Alpharetta, City of; commend ......................................................................993 SR 260-- Duluth, City of; commend ............................................................................993 SR 261-- Yeager, Daniel C.; commend .......................................................................993 SR 262-- Special license plates promoting charitable
organizations, foundations............................................................................985 SR 263-- Chaplin, Ashley Snell; Academic Recognition Day;
commend ......................................................................................................993 SR 264-- Hlaing, Kay T.; Academic Recognition Day; commend ..............................994 SR 265-- Estrada, Miquel A.; urge his confirmation as judge on
U.S. Court of Appeals .............................................................985, 1378, 1522, 1640, 1734
SR 266-- Human Cloning Prohibition Act; urge passage by U.S. Senate ......................................................................................986, 1378, 1522, 1640, 1744
SR 267-- Pope, Hugh Hayes; celebrate birth ...............................................................994 SR 268-- Kicklighter, William R. "Bill"; commend ....................................................994 SR 269-- Gravett, Kenneth; commend.........................................................................994 SR 270-- Whitefield Academy Boys Basketball Team; commend....................994, 1524 SR 271-- Savannah River; Joint Port Authority Study Committee;
proposed operation on both north and south sides of river ..............................................................................................................986

3416

INDEX

SR 272-- Nesbitt, Amanda; commend .........................................................................994
SR 273-- State Government Cost Control, Senate Commission; Senate Private Sector Advisory Committee; establishing .......986, 1378, 1522, 1799, 1801
SR 274-- New Holland Baptist Church; recognize......................................................994
SR 275-- Gainesville High School Red Elephants football team; commend ......................................................................................................994
SR 276-- Electric transmission system; urge not adopt proposed standard market design rules ...................................................986, 1321, 1379, 1637, 1652
SR 277-- Probate Court Judges; nonpartisan election .............................986, 1379, 1522
SR 278-- Georgia Optometric Association; commend ................................................995
SR 279-- Thomson High School football team; commend..........................................995
SR 280-- Gainesville High School basketball team; commend ...................................995
SR 281-- Children and Youth Welfare Services, Improvement Plans; study committee on.......................................................987, 1321, 1379, 1640, 1741
SR 282-- Pruitt, Neil Little, Sr.; condolences ..............................................................995
SR 283-- Hairston, Marshal Ruben H.; commend .......................................................995
SR 284-- LaGrange Personal Aid Association, Inc.; commend ..................................995
SR 285-- Gilbert, Bobby Gene; honoring retirement.................................................1181 SR 286-- Chiropractic Day; commend.........................................................................995
SR 287-- Atlanta Association of Insurance Professionals; commend ....................................................................................................1181
SR 288-- Wheeler High School Boys Varsity Basketball Team; commend ..........................................................................................1182, 2403
SR 289-- Jonesboro High School Mock Trial Team; commend......................1182, 2029
SR 290-- U.S. Armed Forces; Operation Iraqi Freedom; expressing support ......................................................................................1182
SR 291-- Britt Cumming Day; Second Lieutenant in U.S. Army; remembering...............................................................................................1182
SR 292-- Aviation History; Centennial of Powered Flight; celebrating ..................................................................................................1182
SR 293-- Designate; Billy Jiles Memorial Highway; Carroll County ........................................................................................................1173
SR 294-- TASC; Treatment Accountability for Safer Communities; criminal justice efforts; commend ......................................1182
SR 295-- Plummer, Alan L., M.D.; commend ...........................................................1182
SR 296-- Jefferson High School Wrestling Team; commend....................................1323
SR 297-- Owens, Abby Joy and Audrey Faith; celebrating births.............................1323
SR 298-- Huston, Mattie Downs; commend..............................................................1323

INDEX

3417

SR 299-- Designate; Michael B. Mundy Memorial Bridge; Pickens County...........................................................................................1315
SR 300-- Paulk III, Johnny D.; commend..................................................................1324 SR 301-- Designate; John D. Smith Highway; Paulding County ..............................1315 SR 302-- Rockmart High School Wrestling Team; commend...................................1324 SR 303-- Winecoff Hotel, Joint Study Committee on the
Rehabilitation of; create .........................................................1316, 1378, 1522 SR 304-- Brown Sugar Stitchers Guild; honoring .....................................................1324 SR 305-- Taiwan, Republic of China; efforts toward peace and
stability; commend .....................................................................................1324 SR 306-- Hunt, George M.D. (John); condolences..........................................1324, 1534 SR 307-- Barnes, Roy E.; 2003 John F. Kennedy Profiles in
Courage Award; honoring ..........................................................................1324 SR 308-- Electric Transmission Lines, Joint Study Committee on
Location of; create.................................................................1316, 1378, 1522, 1638, 1704
SR 309-- East Hall Basketball Team; commend .......................................................1324 SR 310-- Ford Motor Company; 100th Anniversary; commend ...............................1324 SR 311-- Ad Valorem Taxes; freeze existing residential property
values until sold; appraise at fair market value .....................1316, 1378, 1522, 1637, 1668
SR 312-- Kimbrough, Willie C.; commend ...............................................................1325 SR 313-- Atlanta Symphony Orchestra and Chorus and Robert
Spano; commend ........................................................................................1325 SR 314-- Lavonia, City of; 125th Anniversary; celebrate .........................................1380 SR 315-- Reece, Byron Herbert; recognize ...............................................................1381 SR 316-- Myositis Awareness Day; recognize ..........................................................1381 SR 317-- Albany State University; recognize............................................................1381 SR 318-- Glaze, Claude Ramsden; condolences........................................................1381 SR 319-- Clark, Dr. Spurgeon William, Jr.; condolences..........................................1381 SR 320-- Igbo Union Atlanta; commend ...................................................................1381 SR 321-- Preservation of Evidence from Criminal Cases, Study
Committee, creating ...................................................................................1368 SR 322-- Pilkinton, Darby; condolences....................................................................1381 SR 323-- Sandy Springs Study Commission; creating...............................................1514 SR 324-- American Red Cross; commend .................................................................1524 SR 325-- Science, Arts, and Cultural Services, Funding of; Study
Committee; create.......................................................................................1514 SR 326-- Baker, Charles Alfred; commend ...............................................................1524 SR 327-- Davis, Renee; Outstanding Scholar; commend ..........................................1524 SR 328-- Stephen, Faith L.; Outstanding Scholar; commend....................................1524

3418

INDEX

SR 329-- Welch, Carlos; Outstanding Scholar; commend ........................................1524 SR 330-- Petro, Anthony Michael; Outstanding Scholar;
commend ....................................................................................................1525 SR 331-- Dowling, V. Blair; Outstanding Scholar; commend ..................................1525 SR 332-- Turner, Dionne Olivia; Outstanding Scholar; commend............................1525 SR 333-- Smith, Kristie L.; Outstanding Scholar; commend ....................................1525 SR 334-- Rountree, Justin L.; Outstanding Scholar; commend.................................1525 SR 335-- Drum, Sara; Outstanding Scholar; commend .............................................1525 SR 336-- Fountain, Ragan T.; Outstanding Scholar; commend ................................1526 SR 337-- Hunt, Julianna S.; Outstanding Scholar; commend....................................1526 SR 338-- Lucas, Andrew John; Outstanding Scholar; commend ..............................1526 SR 339-- Robinson, Amy M.; Outstanding Scholar; commend.................................1526 SR 340-- Eiland, Victoria; Outstanding Scholar; commend......................................1526 SR 341-- Wright, Robert J.; Outstanding Scholar; commend....................................1526 SR 342-- Overstreet, Laura Carter; Outstanding Scholar;
commend ....................................................................................................1527 SR 343-- Dent, Debra T.; Outstanding Scholar; commend .......................................1527 SR 344-- Hales, Chadwick McKinley; Outstanding Scholar;
commend ....................................................................................................1527 SR 345-- Williams, Christia T.; Outstanding Scholar; commend..............................1527 SR 346-- Woodruff, Josh; Outstanding Scholar; commend ......................................1527 SR 347-- Middleton, Gina Elise; Outstanding Scholar; commend............................1527 SR 348-- Hunt, Lisa M.; Outstanding Scholar; commend.........................................1528 SR 349-- Nebergall, Raechel; Outstanding Scholar; commend.................................1528 SR 350-- Ryals, Donald Rex; Outstanding Scholar; commend .................................1528 SR 351-- Walsh, Jarrett E.; Outstanding Scholar; commend.....................................1528 SR 352-- Todd, Joseph, Jr.; Outstanding Scholar; commend ....................................1528 SR 353-- Dorminey, Jeanine; Outstanding Scholar; commend .................................1528 SR 354-- Chaney, Laura L.; Outstanding Scholar; commend ...................................1529 SR 355-- Lowery, Chastity F.; Outstanding Scholar; commend................................1529 SR 356-- Jackson, Whitney Laine; Outstanding Scholar;
commend ....................................................................................................1529 SR 357-- Lyles, Laura Elizabeth; Outstanding Scholar; commend ...........................1529 SR 358-- Bockelman, Brian P.; Outstanding Scholar; commend ..............................1529 SR 359-- Jennings, Mary F. and Harold E.; commend ....................................1529, 1765 SR 360-- Hunting and Fishing; "Sportsmen's Day at the Capitol";
proclaim ......................................................................................................1529 SR 361-- Loyalty Day; patriotic salute to our armed forces;
recognize ....................................................................................................1631 SR 362-- Equal Pay Day; recognize...........................................................................1631

INDEX

3419

SR 363-- Chastain, Samantha; 2003 Prudential Spirit of Community; congratulate ...........................................................................1631
SR 364-- Crews, Cindy; commend ............................................................................1631 SR 365-- Tallatoona Community Action Partnership; commend ....................1631, 1799 SR 366-- Griffin, John E. "Buck", Jr.; condolences ..................................................1631 SR 367-- Addison, Spc. Jamaal; heroic soldier; honoring the
memory.............................................................................................1632, 2029 SR 368-- Rincon, Diego; Army Private First Class; condolences ...................1632, 2029 SR 369-- Early County High School Basketball Team; commend............................1632 SR 370-- Potter Street Elementary School; commend ...............................................1632 SR 371-- Banks, Charlie Mae; honoring....................................................................1632 SR 372-- Davis, James K.; commend ........................................................................1632 SR 373-- McClure, Mr. Cecil; condolences...............................................................1632 SR 374-- Parkview High School Basketball Team; commend ........................1632, 1942 SR 375-- Chappell, Roy James; condolences ............................................................1765 SR 376-- Dorminy, A.B.C. "Brad", Jr.; condolences.................................................1765 SR 377-- Liles, F. Graham, Jr.; retirement.................................................................1765 SR 378-- Rincon, Diego; Army Private First Class; condolences .............................1633 SR 379-- DePaolo, Rosemary; Chancellor of University of North
Carolina at Wilmington; congratulate ..............................................1765, 2403 SR 380-- Epilepsy Foundation of Georgia's Zero Lunches/Zero
Nos Day; donations ....................................................................................1766 SR 381-- Reese, J. Lamar, Jr.; commend...................................................................1766 SR 382-- McWhorter, Honorable Hamilton, Jr.; 90th birthday;
congratulate ................................................................................................1766 SR 383-- USA Track and Field Recognition Day; commend....................................1766 SR 384-- Anderson, Ashley Tanishia; 1000 SAT Club Award;
commend ....................................................................................................1766 SR 385-- Andrews, Lanee Danielle; 1000 SAT Club Award;
commend ....................................................................................................1766 SR 386-- Blackamore, Laila Sabira; 1000 SAT Club Award;
commend ....................................................................................................1766 SR 387-- Crawford, Jennifer Nicole; 1000 SAT Club Award;
commend ....................................................................................................1766 SR 388-- Flemister, Akeem; 1000 SAT Club Award; commend ..............................1767 SR 389-- Hall, Andrea Danielle; 1000 SAT Club Award;
commend ....................................................................................................1767 SR 390-- Johnson, Shante; 1000 SAT Club Award; commend.................................1767 SR 391-- Miles, Crystal Evita; 1000 SAT Club Award; commend...........................1767 SR 392-- Nelson, Shantice; 1000 SAT Club Award; commend................................1767

3420

INDEX

SR 393-- Manuel, Tynesha LaShaun; 1000 SAT Club Award; commend ....................................................................................................1767
SR 394-- Miles, Julius Maurice; 1000 SAT Club Award; commend ....................................................................................................1767
SR 395-- Purnell, Kai Sharice; 1000 SAT Club Award; commend...........................1767 SR 396-- Scarlett, Kisha; 1000 SAT Club Award; commend ...................................1767 SR 397-- Trawick, Stephanie; 1000 SAT Club Award; commend............................1767 SR 398-- White, Lauren Janel; 1000 SAT Club Award; commend...........................1768 SR 399-- Williams, Erica; 1000 SAT Club Award; commend..................................1768 SR 400-- Atlanta Job Corps Training Center; commend...........................................1768 SR 401-- Varnadoe, Angela; commend .....................................................................1768 SR 402-- Liberty Day and International Association of Lions
Clubs; recognize .........................................................................................1768 SR 403-- Jones, Johnnie Catherine Banks; commend ...............................................1768 SR 404-- Buford, City of; Bona-Allen Leather Company;
commend ....................................................................................................1768 SR 405-- York, Jim L.; 2002 C.A. Kelley Citizenship Award;
congratulate ................................................................................................1768 SR 406-- Kelley, Frances Helms; commend..............................................................1768 SR 407-- Price, Blanchel A.; honoring ......................................................................1769 SR 408-- Middle Georgia College Lady Basketball Team;
commend ....................................................................................................1796 SR 409-- National Guard Day in Georgia; commend......................................1797, 2029 SR 410-- Weimar, Steven Douglas; commend ..........................................................1797 SR 411-- Burge, Leonard; commend .........................................................................1824 SR 412-- Chattooga County Rescue Squad; recognize..............................................1825 SR 413-- Augusta National Golf Club; membership; expressing
opposition to gender discrimination ...........................................................1814 SR 414-- Free Trade Area of the Americas (FTAA); Secretariat;
urge locate in Atlanta .................................................................................1825 SR 415-- Woodpecker Trail; urge reestablish scenic route as
tourist attraction..........................................................................................1825 SR 416-- Hospital Indigent Care Funding Study Committee;
create ......................................................................................1814, 2026, 2028 SR 417-- Reynolds, Jean; High School Golf Champion;
commend ....................................................................................................1825 SR 418-- Tomblin, Doris Mikel; commend ...............................................................1919 SR 419-- Pinewood Christian Academy Varsity Cheerleaders;
commend ....................................................................................................1919 SR 420-- Kitchens, Gordon E., Jr.; congratulate .......................................................1920 SR 421-- Lightle, Bill; commend...............................................................................1920

INDEX

3421

SR 422-- Georgia's Transportation Needs, Study Committee; create ..........................................................................................................1914
SR 423-- Snell, Edwin Richard, Jr.; honoring the memory .......................................1920 SR 424-- Larry's Biscuits in Buford; commend.........................................................1920 SR 425-- Knowles, Ryan; commend..........................................................................1920 SR 426-- Whitaker, Dan; commend...........................................................................1920 SR 427-- Ritter, Sherrill W., Jr.; condolences ..........................................................1920 SR 428-- Moss, Tom and Martha; commend.............................................................1920 SR 429-- Oxendine, James W.; commend .................................................................1920 SR 430-- Beard, Phillip; commend ............................................................................1921 SR 431-- Electric Transmission Lines, Study Committee; create.........1914, 2025, 2028,
2683, 2963 SR 432-- Newnan, City of; recognize........................................................................1921 SR 433-- Edgewood Golden Age Shining Stars; commend ......................................1921 SR 434-- Arrowood, Honorable Alvin; Mayor of Sharpsburg;
recognize ....................................................................................................1921 SR 435-- Kitchens, Barbara; commend .....................................................................2030 SR 436-- Kilpatrick, Jeremy; commend.....................................................................2030 SR 437-- Prater's Mill Folklife Collection and Prater's Mill
Foundation .................................................................................................. 2030 SR 438-- Carter, Chris; U.S. Army Ranger Captain; commend ................................2030 SR 439-- Adams, L. Clifford, Jr.; condolences..........................................................2030 SR 440-- Dorsey, Reverend Asa; commend ..............................................................2030 SR 441-- Adjournment; relative to........................................................1951, 1983, 2016,
2395 SR 442-- Watershed Dams; committee to study safety issues ...................................2023 SR 443-- Young, Ronald D. Jr.; U.S. Army Helicopter Officer;
Iraqi POW; express support........................................................................2030 SR 444-- Crooked Creek Baptist Church; recognize .................................................2030 SR 445-- Property and Casualty Insurance Rates, Filing and
Approval Process; Committee to Study.....................................................2023 SR 446-- Rice Yard in Waycross; CSX Transportation; commend...........................2030 SR 447-- Teleworking Study Commission; create.....................................................2397 SR 448-- Doster, Agnes; commend ...........................................................................2029 SR 449-- Phillips, Stephen Andrew; commend .........................................................2404 SR 450-- Bethel Missionary Baptist Church; congratulate........................................2404 SR 451-- Davenport, Leon and Barbara; 50th wedding
anniversary; congratulate............................................................................2404 SR 452-- Eaves, Martha Talbot; commend......................................................2404, 2433 SR 453-- Railroads; remote controlled locomotives; commend ................................2405

3422

INDEX

SR 454-- Power, Paul; commend...............................................................................2405 SR 455-- Home Depot, The; Rebuilding Together; commend ..................................2405 SR 456-- Wilson, Natalie; commend .........................................................................2405 SR 457-- Wansley, Belinda; commend......................................................................2405 SR 458-- Hall, Dr. Lorraine; commend .....................................................................2405 SR 459-- Freeman, Aimee; commend........................................................................2405 SR 460-- Bowden, Linda; commend..........................................................................2405 SR 461-- Medicaid; Study Committee; create ...........................................................2397 SR 462-- Maple, Dr. Terry; recognize .......................................................................2406 SR 463-- Moynihan, Hon. Daniel Patrick; condolences ............................................2406 SR 464-- Mitchell-Baker High School Boys Basketball Team;
commend ....................................................................................................2406 SR 465-- Brown, George; commend..........................................................................2406 SR 466-- Tattnall-Evans Baptist Association; commend ..........................................2406 SR 467-- Jenkins County Varsity Basketball Team; commend.................................2406 SR 468-- Budd, Warren; commend............................................................................2406 SR 469-- McNease, Tovi Lasharne; commend.........................................................2406 SR 470-- Miller, Elandis Arelia; commend ...............................................................2407 SR 471-- Oliver, Chanel Nicole; commend ..............................................................2407 SR 472-- Walker, Kellie Alesia; commend ..............................................................2407 SR 473-- Lemons, Marino Angelo; commend...........................................................2407 SR 474-- Whitley, Quashindra Lasha; commend ......................................................2407 SR 475-- McDowell, Stephen K.; commend .............................................................2407 SR 476-- Travicks, Tasia Monique; commend ..........................................................2407 SR 477-- Perry, Teresa Denise; commend.................................................................2407 SR 478-- Omaivboje, Elizabeth; commend ...............................................................2407 SR 479-- Parker, Morgan Joanne; commend .............................................................2407 SR 480-- Gordon, Natalie Renee; commend .............................................................2408 SR 481-- Hayes, Launette Michelle; commend .........................................................2408 SR 482-- Hill, Latoya Nicole; commend ...................................................................2408 SR 483-- Anderson, Ashley Tanishia; commend.......................................................2408 SR 484-- Fleming, Nicole Sheri; commend...............................................................2408 SR 485-- Colvin, Bryanca Yatya; commend..............................................................2408 SR 486-- Crawford, Jennifer Nicole; commend ........................................................2408 SR 487-- Cannon, Crystal Camille; commend...........................................................2408 SR 488-- Bonner, Kimberly Joyce; commend ...........................................................2408 SR 489-- Mahdi, Jahan Sheree; commend.................................................................2409 SR 490-- McBride, Teila Simone; commend.............................................................2409 SR 491-- Purnell, Kai Sharice; commend..................................................................2409

INDEX

3423

SR 492-- Tabor, Addis Alexia; commend .................................................................2409 SR 493-- Wise, Melissa Gavrielle; commend............................................................2409 SR 494-- Jones, Natasha Royal; commend ................................................................2409 SR 495-- Johnson, Alysia Owens; commend.............................................................2409 SR 496-- Roper Corporation; commend ....................................................................2409 SR 497-- Pearson, Nicholas D.; commend ................................................................2409 SR 498-- Ruff, Brian Christopher David; commend .......................................2695, 2715 SR 499-- Senate Interns; 2003 Regular Session; commend ......................................2695 SR 500-- Sergeant at Arms and Doorkeepers; commend ..........................................2695 SR 501-- Senate Aides; 2003 committee service; commend .....................................2695 SR 502-- Badger, Sarah McClain; commend.............................................................2695 SR 503-- Donaldson, Robert; commend ....................................................................2695 SR 504-- Jones, Constance; commend.......................................................................2695 SR 505-- Pinewood Christian Academy Girls Basketball Team;
commend ....................................................................................................2696 SR 506-- Pinewood Christian Academy Softball Team; Class AA
Title; commend...........................................................................................2696 SR 507-- Meier, Mary Joyce; commend ....................................................................2696 SR 508-- Callaway, Bob; commend...........................................................................2554 SR 509-- Fowler, Alfred; commend ..........................................................................2696 SR 510-- Boatwright, Maurice and Beutelle; commend............................................2696 SR 511-- Paulding County High School; commend ..................................................2696 SR 512-- Buchanan, City of; new municipal building; commend .............................2696 SR 513-- Paulding County High School Ovation Chorus;
commend ....................................................................................................2696 SR 514-- Brown, Jeremy Lamarr; commend .............................................................2696 SR 515-- Harris, Narvie Jordan; commend................................................................2697 SR 516-- Stuckey, Wanda; Teacher of the Year; commend ......................................2697 SR 517-- Fort Stewart; in remembrance of 32 young soldiers...................................2697 SR 518-- Bowdon, City of; 150th Anniversary; recognize........................................2697 SR 519-- Owens, Marion P.; commend .....................................................................2697 SR 520-- Lytton, Jordan; commend ...........................................................................2697 SR 521-- Correctional Officers and Employees Week; recognize ............................2697 SR 522-- Catoosa County; 150th Anniversary; recognize .........................................2697 SR 523-- Gordon Lee Memorial High School Football Team;
commend ....................................................................................................2698 SR 524-- Gordon Lee High School Marching Band; commend................................2698 SR 525-- Laughlin, Melinda; commend ....................................................................2698 SR 526-- Haralson County Historical Society; commend .........................................2698

3424

INDEX

SR 527-- Taylor, L.W., Jr.; commend........................................................................2698 SR 528-- Salem United Methodist Church; commend ..............................................2698 SR 529-- Gwinnett County Fire and Emergency; Battalion
Training Program; commend......................................................................2698 SR 530-- Duvall, Jeff; commend ...............................................................................2698 SR 531-- Egan, Jim; commend ..................................................................................2699 SR 532-- Cannon, Tommy; commend .......................................................................2699 SR 533-- Gosa, Steve; commend ...............................................................................2699 SR 534-- Brown, Stanley; commend .........................................................................2699 SR 535-- Crescent Resources; commend...................................................................2699 SR 536-- Parkinson, Rachel; commend .....................................................................2699 SR 537-- Wilson, Ione; commend..............................................................................2699 SR 538-- Prescott, Karen; commend..........................................................................2699 SR 539-- Wood, J.T.; commend ................................................................................2699 SR 540-- Rogers, Jimmy; commend ..........................................................................2700 SR 541-- Newell's Recycling of Atlanta; commend ..................................................2700 SR 542-- Paden, Shirley; commend ...........................................................................2700 SR 543-- Gwinnett County Fire and Emergency Services;
personnel; commend...................................................................................2700 SR 544-- Gwinnett County Fire and Emergency Services; Rescue
12; commend ..............................................................................................2700 SR 545-- Gwinnett County Fire and Emergency Services;
commend ....................................................................................................2700 SR 546-- Gwinnett County Fire and Emergency; Rescue 7 ;
commend ....................................................................................................2700 SR 547-- Gwinnett County Fire and Emergency; Rescue 2;
commend ....................................................................................................2700 SR 548-- Gwinnett County Fire and Emergency; Engine 20;
Squad 20; Rescue 20; commend.................................................................2701 SR 549-- Gwinnett County Fire and Emergency; Engine 1;
commend ....................................................................................................2701 SR 550-- Gwinnett County Fire and Emergency; commend .....................................2701 SR 551-- Gwinnett County Fire and Emergency; Engine 14;
commend ....................................................................................................2701 SR 552-- Turner, Annette Howell; honoring the memory .........................................3362 SR 553-- Norman, Barbara Culpepper; commend.....................................................3099 SR 554-- Callaway, John C., Jr.; honoring ................................................................3362 SR 555-- Fowler, Bishop Miles E.; congratulate .......................................................3362 SR 556-- Deerfield-Windsor School Basketball Team; commend ............................3362 SR 557-- Deerfield-Windsor School Football Team; commend ...............................3363

INDEX

3425

SR 558-- Stephenson High School; SAT 1000 Club; commend ...............................3363 SR 559-- Curtis, Waddell; honoring the life..............................................................3363

3426

INDEX

PART II, NUMERIC INDEX HOUSE BILLS AND RESOLUTIONS
HB 25-- Teachers and other personnel; certain forfeited leave; restoration ..................................................................................351, 358, 2025, 2028, 2424, 2680, 2860, 3017
HB 26-- Archeological, aboriginal, prehistoric, or historic sites; prohibition against disturbing; exemption.............................1755, 1756, 1821, 1823, 2422, 2500
HB 32-- Estates; missing domiciliary; certain perilous exposure; death determination ...................................................................754, 759, 1821, 1823, 2105, 2355
HB 42-- Greene County; homestead exemption; certain residents........83, 86, 136, 139, 154, 2027, 2034, 2092, 2102, 2384
HB 43-- State and Local Tax Revision Act of 2003; enact .................1599, 1613, 1820, 1823, 2104, 2165, 2479, 2501, 2539, 2609, 2668, 3098, 3261, 3303
HB 44-- Greene County; homestead exemption; certain residents........83, 86, 136, 139, 154, 2027, 2034, 2095, 2102, 2385
HB 45-- Commission on Men's Health; presiding officer; term .......263, 266, 466, 500, 2425, 2684
HB 46-- Ellaville, City of; council; composition; elections ...............90, 95, 2027, 2035
HB 53-- Anatomical gifts; advisory board on procurement; add organ recipient .....................................................................322, 329, 466, 500, 2422, 2551
HB 54-- Eye bank operators; amend provisions................................263, 266, 466, 500, 1799, 1802
HB 56-- Medical education and physician workforce; provisions ..........302, 308, 1820, 1823, 2104, 2154, 2482, 2851
HB 60-- Morrow, City of; new charter...................................................90, 95, 467, 469
HB 81-- Teachers; rights for continued employment; restore ............................409, 415
HB 87-- Bingo; fee for conducting games; increase ...............................263, 266, 1179, 1322, 2425
HB 88-- Tax executions; prohibit sales ...............................................1707, 1747, 2025, 2028

INDEX

3427

HB 90-- State bar applicants; submission of fingerprints to GBI and FBI for criminal records check ...........................................971, 987, 1377, 1522, 2425, 2682, 3019
HB 91-- 2003 Fairness in Arbitration Act; enact ..............................216, 221, 360, 418, 2424, 2680
HB 93-- Occupation taxes; redefine gross receipts; exclude certain sales ...............................................................................487, 496, 1793, 1823, 2421, 2440, 3108
HB 94-- Fair business practices; certain motor vehicle sales; spot delivery .............................................................................................1506, 1514
HB 95-- College athletic recruitment rules; certain violations; cause of action provisions .....................................................1506, 1514, 1794, 1823, 2106, 2386, 2685
HB 103-- Retirement and Pensions Code; corrections ........................132, 135, 170, 189, 253, 257
HB 104-- Code of Georgia; corrections ..............................................132, 135, 170, 189, 253, 259
HB 105-- Elections Code; corrections.................................................133, 135, 170, 189, 253, 260
HB 108-- Fraud; failure to pay for Christmas trees, pine needles, and horticultural crops.........................................................195, 201, 253, 466, 500, 1799, 1805
HB 114-- Election superintendent; office to remain open until ballots are counted............................................................................1680, 1747
HB 117-- Unemployment benefits; eligibility; military transfer of spouse ........................................................................................754, 760, 1794, 1823
HB 121-- Supplemental appropriations; FY 2002 - 2003 ...................239, 249, 445, 467, 503, 510, 749, 774, 775, 808, 837, 957, 973
HB 122-- General appropriations; FY 2003 - 2004...............................1581, 1584, 1763, 1795, 1837, 1909, 1952, 1974, 3154, 3213, 3313, 3367
HB 134-- Bingo; increase prize amounts...................................................410, 415, 1179, 1322, 1932, 1942
HB 140-- Criminal justice agencies; limit certain data to Georgia Crime Information Center; certain warrants........................195, 201, 360, 418, 2423, 2609

3428

INDEX

HB 142-- Fair Lending Act; amend provisions ....................................................164, 169
HB 144-- Inmate labor; removing graffiti from certain private property; victim compensation ..............................................1507, 1515, 1822, 1823, 1932, 1943, 2385
HB 147-- State employees' health insurance; agricultural commodity commission employees.......................................1301, 1316, 1819, 1823, 2422, 2563
HB 148-- Sales tax exemption; liquid petroleum gas; horticultural purposes.................................................................................1599, 1614, 2025, 2028, 2421, 2447, 3101
HB 157-- Coastal management; continuation of provisions...............436, 442, 991, 1180, 1781, 1785
HB 164-- Supreme Court; answer question of law from district court.......................................................................................1507, 1515, 1917, 1918, 2104, 2168
HB 166-- Volunteer firemen injured in line of duty; disability compensation.............................................................................436, 442, 1180, 1322, 2420, 2426, 3009
HB 167-- Clayton Judicial Circuit; judges; allocation of duties................184, 187, 1918, 1923
HB 173-- Bulletproof vest; unlawful during commission of certain offenses..........................................................................487, 496, 1794, 1823, 2106, 2388
HB 175-- Bottled water; consumption in public transit bus or rapid rail car or station; provisions; exception ......................1680, 1748, 2026, 2028, 2425, 2682, 3003, 3230, 3257, 3305, 3314, 3329, 3367
HB 177-- Real estate appraisers, brokers, and salespersons; amend provisions; community association managers..........216, 221, 417, 445, 1799, 1806
HB 178-- Coastal marshlands; protection provisions; exempt certain property.....................................................................................302, 309
HB 182-- Uniform rules of the road; traffic-control signal monitoring devices; civil monetary penalties........................1599, 1614, 1822, 1823, 2422, 2564
HB 183-- Tattooing near the eye; prohibition; expand exception .........1361, 1368, 2025, 2028

INDEX

3429

HB 185-- Drivers' licenses; certain suspension; limited driving permits .......................................................................................755, 760, 1795, 1823, 2426
HB 189-- Sales tax; certain carpet samples; fair market value............302, 309, 499, 763, 2421, 2441, 3099
HB 191-- Motor vehicles; registration and insurance provisions; amend ....................................................................................1550, 1614, 1822, 1823, 1932, 1933, 2017, 2104, 2394, 2685
HB 194-- Uniform Athlete Agents Act; enact...........................................410, 415, 1917, 1918, 2423, 2617, 2645, 2965, 3005
HB 196-- Marijuana; reduce quantity for trafficking prosecution ........1507, 1515, 1917, 1918, 2106, 2389
HB 206-- Professional counselors; licensing; exempt disaster relief services........................................................................................803, 814
HB 213-- Payment card transactions; printed receipt; restrict information ............................................................................1600, 1614, 1917, 1918, 2422, 2566, 3009
HB 215-- Insurance underwriting or rating; credit and credit scoring; provisions ....................................................................971, 987, 1794, 1823, 2106, 2372
HB 217-- Seat belts; child restraints; change age.............................................1301, 1317
HB 225-- World Congress Center Overview Committee; additional members ...................................................................264, 267, 1179, 1322, 2422, 2552, 3006
HB 226-- County and state ordinances; violation; increase penalty......1600, 1615, 1794, 1823, 2423, 2678, 3012
HB 227-- Wild animal permit; exempt Bengal cat ...............................................245, 249
HB 236-- RICO Act; redefine racketeering activity; include insurance fraud ......................................................................1164, 1173, 1821, 1823, 1932, 1947, 2386
HB 237-- Water resources; ground water, surface water, river basins, wells; state-wide water management plan.....................410, 416, 1794, 1823, 2104, 2113, 2147, 2444, 2450, 2481, 2493

3430

INDEX

HB 245-- Putnam County; education districts; reapportion ......................322, 329, 2693, 2702
HB 246-- Public records inspection; written requests; certain information redacted..............................................................1600, 1615, 1917, 1918, 2105, 2354
HB 248-- Putnam County; commissioner districts; reapportion ...............322, 329, 2693, 2702
HB 255-- Superior court fees; interpreters; temporary protective order hearings ........................................................................1507, 1516, 1917, 1918, 2425, 2683, 3018
HB 259-- Health benefits; failure to pay; penalty not applicable to cap .............................................................................................755, 760, 1821, 1823
HB 261-- Controlled substances and dangerous drugs; amend list; certain over-the-counter exemption; prescription drug orders .....................................................................................1600, 1615, 1821, 1823, 2105, 2336
HB 263-- Mass transportation service; increase limit of state funds ..........................................................................................323, 329, 2028, 2423
HB 265-- Columbus Municipal Court; judge, clerk, marshal; compensation.......................................................................196, 201, 333, 337, 490, 833
HB 266-- Public School Employees Retirement; increase benefit ......217, 222, 418, 445, 1781
HB 267-- Teachers Retirement; contribution rate; certain reduction ....................................................................................436, 443, 1822, 1823
HB 268-- Peace Officers' Annuity and Benefit Fund; increase dues......................................................................................217, 222, 418, 445, 1781, 1783, 1786
HB 270-- Judges of the Probate Courts Retirement; certain application; date benefits begin...........................................217, 222, 418, 445, 1781, 1783
HB 279-- Bingo; use of certain electronic or computer devices; provisions ..................................................................................488, 496, 1179, 1322, 2420, 2427, 2997
HB 285-- Soil erosion and sedimentation; amend provisions; Stakeholder Advisory Board .....................................................488, 496, 1378, 1522, 1799, 1804, 2685

INDEX

3431

HB 287-- Joint county and municipal sales tax; 2% levy by consolidated governments .........................................................351, 358, 2025, 2028, 2421, 2446, 3350
HB 288-- Satilla Regional Water and Sewer Authority; name change from Ware County Water and Sewer Authority............217, 223, 1321, 1325
HB 289-- Former state employees; return to service; forfeited sick leave restored......................................................................361, 803, 815, 1822, 1823, 2106, 2372
HB 290-- Ad valorem tax; bona fide conservation use property; riverside or streamside land; local sales taxes; prohibition; exception............................................................1361, 1369, 1793, 1823, 2425, 2684, 3103, 3230, 3315, 3371
HB 291-- Administrative Services, Department of; certain bidding procedure; delete repealer .....................................................1601, 1615, 2027, 2028, 2423, 2680, 3113
HB 293-- Honeybees; inspection and registration of colonies; change provisions ......................................................................755, 760, 1819, 1823, 2107, 2390
HB 301-- Judicial sales later rescinded; limitation of damages ............1666, 1748, 2026, 2028, 2423, 2610, 2680, 2966
HB 303-- State defense force; authority to use certain state property......................................................................................411, 416, 1379, 1522, 2105, 2353
HB 304-- Water well contractors; licensing; amend provisions............1601, 1616, 1821, 1823, 2107, 2391
HB 307-- Structural pest control companies; insurance requirements ........................................................................352, 359, 820, 992, 1799, 1801
HB 309-- Joint development authorities; county of this state and contiguous county of adjoining state; sports facility or amphitheater ..........................................................................1696, 1748, 1821, 1823, 1932, 1948
HB 312-- Walton County; board of elections and registration; create ....................................................................................245, 249, 991, 996
HB 314-- Greenspace Trust Fund; interest; expenditure provisions ..457, 464, 990, 1180, 1932, 1950, 2386

3432

INDEX

HB 316-- Persons supervising children; criminal background checks; National Crime Information Center..........................1755, 1756, 2024, 2028
HB 317-- Walton County; Partnership for Families, Children, and Youth; create ........................................................................245, 249, 991, 997
HB 318-- Adult Day Center for Aging Adults Licensure Act; enact.......................................................................................1675, 1748, 2025, 2028, 2423, 2681, 3071, 3370
HB 319-- Child support and driver's license applications; social security number or certification of non-eligibility ................1601, 1616, 1822, 1823, 2422, 2572, 2858, 2861, 3090, 3096, 3357, 3368
HB 320-- Education; Certified School Social Worker Specialists; salary increase .......................................................................1361, 1369, 2025, 2028
HB 321-- Subdivisions accessing state highway system; Department of Transportation approval ................................1601, 1616, 2028, 2423, 2681, 3356
HB 323-- Athens-Clarke County Industrial Development Authority; membership.........................................................246, 249, 822, 826
HB 324-- International Affairs Coordinating Council; create...............1602, 1616, 1821, 1823, 2425, 2683, 3110, 3305, 3331
HB 327-- Conditioned air equipment and plumbing; redefine; include certain natural gas piping systems ................................457, 464, 2026, 2028, 2420, 2428, 3007
HB 333-- Catoosa County; board of elections and registration; amend provisions.......................................................................246, 250, 1918, 1923
HB 334-- Catoosa County; board of education; reapportion.....................246, 250, 1918, 1923
HB 335-- Washington County; vehicle registration period; change provisions ..................................................................................246, 250, 1795, 1797
HB 339-- Probation system; confidential records; commissioner may declassify .......................................................................1164, 1174, 1821, 1823, 2422, 2577
HB 341-- HOPE scholarships; private colleges; certain part-time eligibility................................................................................1164, 1174, 1794, 1823, 2423, 2679

INDEX

3433

HB 343-- Waycross, City of; commission districts; reapportion...............323, 330, 1321, 1325
HB 344-- Dublin, City of; board of education; compensation ..................264, 267, 2027, 2035
HB 346-- Sales tax; educational purposes; local boards; performance audit..................................................................1602, 1617, 1820, 1823, 2107, 2393, 2425
HB 347-- Veterinary practice; extensively revise provisions .............437, 443, 989, 1180, 1384, 1480, 1505, 2385
HB 352-- Licensing boards; complaints against licensee; athletic trainers; licensing violations..................................................1165, 1174, 1822, 1823, 2106, 2374, 2482, 2496, 2609, 2649, 3105, 3368
HB 359-- Perpetrators of felonies; local government rewards; remove limitation..............................................................................1706, 1749
HB 367-- Oral trust agreement for personal property; provisions.........1680, 1749, 2026, 2028, 2421, 2430
HB 370-- Cobb County; state court solicitor-general and assistants; compensation............................................................323, 330, 1918, 1924
HB 372-- County and municipal hospital authorities; certain financial aid; critical personnel shortages .............................1362, 1369, 1820, 1823, 2104, 2160, 2862, 2863, 3089, 3095, 3215, 3368
HB 373-- Electric membership corporations; transmission line siting committee; provisions.............................................................1666, 1749
HB 375-- Cobb County; state court judges and associate judges; compensation.............................................................................323, 330, 1918, 1924
HB 379-- Cigar and cigarette taxes; increase; loose or smokeless tobacco; impose excise tax ...............................................................2384, 2386
HB 380-- Flag; nonbinding state-wide referendum...............................1754, 1781, 2026, 2028, 2421, 2450, 2478, 3229, 3258
HB 383-- Taxable net income; exclude certain military pay.................1165, 1174, 2025, 2028, 2422, 2560
HB 385-- Debtor or creditor; debt adjustment; amend provisions ........1302, 1317, 1794, 1823, 2421, 2440, 2999, 3370

3434

INDEX

HB 386-- Lula, City of; council districts; reapportion ..............................437, 443, 1379, 1383
HB 391-- Glynn County; board of education; amend provisions .........323, 330, 991, 997
HB 396-- Reynolds, City of; mayor and council; compensation...............324, 331, 1918, 1924
HB 397-- Firearms; certain unauthorized possession; affirmative defense...................................................................................1362, 1369, 1822, 1823, 2421, 2498
HB 399-- Randolph County; homestead exemption; certain residents................................................................................................324, 331
HB 402-- Evans County; commissioner districts; reapportion..................324, 331, 1321, 1325
HB 403-- Lake City, City of; homestead exemption .................................324, 331, 1763, 1774
HB 413-- Constructed storm-water wetlands; preferential assessment; ad valorem tax ...................................................1675, 1749, 2025, 2028, 2421, 2435
HB 414-- Criminal procedure; concurrent grand juries, pretrial motions, discovery, witnesses, demands for trial, continuance, bail, and oral reports.........................................1663, 1750, 1917, 1918, 2106, 2382, 2486, 2493, 2616, 2646, 2943, 3368
HB 415-- Sheriffs engaging in certain businesses; violation of oath of office .........................................................................1165, 1175, 2026, 2028, 2424
HB 416-- Evans County; education districts; reapportion.........................352, 359, 1322, 1326
HB 419-- Colquitt, City of; vacancies and city manager...........................352, 359, 1823, 1830
HB 422-- Income tax credit; certain businesses creating full-time jobs ........................................................................................1302, 1317, 1820, 1823, 1932, 1952
HB 423-- Municipalities; lease property to certain nonprofit corporation.............................................................................1602, 1617, 2027, 2028, 2423, 2424
HB 424-- State employees; payroll deductions; Higher Education Savings Plan; certain inclusion in defined contribution plan ............................................................................................488, 497, 1179, 1322, 2423, 2578, 3319

INDEX

3435

HB 427-- Elections; direct recording electronic voting systems; amend provisions...................................................................1602, 1617, 2027, 2028, 2424
HB 433-- Day-care facilities; licensing; liability insurance required.............................................................................................1360, 1370
HB 443-- Irwin County; board of education; compensation .....................411, 416, 1321, 1326
HB 444-- Lake Oconee; prohibit certain boats......................................1362, 1370, 1794, 1823, 2107, 2392
HB 445-- Fulton County; magistrates; increase number ...........................488, 497, 2027, 2035
HB 446-- Fulton County; state court; additional judge .............................489, 497, 2027, 2035
HB 447-- Drivers' licenses for minors; amend provisions; driver training schools and commercial driver training schools ......1165, 1175, 2026, 2028, 2421, 2431, 2862, 2908, 3090, 3100
HB 448-- Atlanta municipal court; change certain fees ........................1758, 1761, 2027, 2036, 2102, 3007
HB 451-- Forsyth County; magistrate court; chief magistrate...................411, 417, 2693, 2702, 2709, 2712, 3010
HB 455-- Limousine carriers; annual inspection reports...........................803, 815, 1378, 1522, 1932, 1970
HB 456-- Distance learning and telemedicine; use of funds in Universal Service Fund; enterprise information technology needs .......................................................................457, 464, 1916, 1918, 2105, 2352
HB 457-- Uniform rules of the road; motor vehicles; reduce speed when passing certain stationary vehicles...................................489, 497, 1322, 1379, 2423, 2579
HB 461-- Georgia Military Pension Fund; certain ordered active duty not a break in service.........................................................489, 498, 1822, 1823, 1932, 1971, 2385
HB 462-- Sexual exploitation of children; computer pornography; obscene Internet contact with child .......................................1362, 1370, 1821, 1823, 2422, 2555, 3008
HB 463-- Sex offender registration; amend provisions.............................803, 815, 1821, 1823, 2423, 2580, 3010

3436

INDEX

HB 468-- Income tax; estimated tax; underpayment amount ................1363, 1370, 2025, 2028, 2421, 2434
HB 469-- Income tax; claim for refund; filing date...............................1363, 1371, 2025, 2028, 2421, 2434
HB 470-- Juvenile proceedings; redefine child; include status offender .....................................................................................804, 815, 1821, 1823, 2105, 2324
HB 471-- Montgomery County; board of education; nonpartisan election ......................................................................................411, 417, 1763, 1774
HB 475-- Defined contribution plans; employer and employee contributions .........................................................................................804, 816
HB 479-- Child abuse protocol; child fatality review committee; powers of panel .....................................................................1363, 1371, 1819, 1823, 2105, 2350, 2685
HB 488-- Effingham County; board of education; nonpartisan election ......................................................................................437, 443, 1321, 1326
HB 492-- Income tax credit; certain headquarters; creation of fulltime jobs ................................................................................1363, 1371, 1793, 1823, 1932, 1975
HB 493-- Alcoholic beverage sales; consumption on premises; local authorization .................................................................1603, 1618, 1822, 1823, 2105, 2347, 2350, 2423, 2611
HB 497-- East Central Georgia Railroad Excursion Authority; create .....................................................................................1603, 1618, 2028, 2421, 2443, 3139, 3369
HB 500-- Terrell County; chief magistrate; nonpartisan elections............437, 444, 1823, 1830
HB 501-- Terrell County; probate judge; nonpartisan elections ...............437, 444, 1823, 1831
HB 502-- Juvenile court judges; compensation from state funds; adjustment..............................................................................1302, 1318, 2026, 2028
HB 503-- Tollways; causeway to barrier islands; exemption for certain residents .....................................................................1507, 1516, 1795, 1823, 1932, 1983
HB 504-- Motor fuel tax; prepaid tax....................................................1302, 1318, 2025, 2028, 2421, 2444, 2448, 3146, 3371

INDEX

3437

HB 505-- Webster County; vehicle registration period .............................438, 444, 1918, 1924
HB 506-- Manufactured homes and mobile homes; certificate of permanent location; provisions..............................................1363, 1371, 1822, 1823, 2105, 2360
HB 509-- Soil erosion and sedimentation; ordinances related to land-disturbing activities; planning and zoning commission............................................................................1508, 1516, 1821, 1823, 2106, 2361
HB 512-- Glynn County; sheriff's office; appointment of undersheriff ...............................................................................971, 987, 1918, 1925
HB 517-- Retail installment contracts and revolving accounts; fees.........................................................................................1303, 1318, 1820, 1823, 2423, 2679, 2974, 3370
HB 519-- Lake Lanier Islands Development Authority; allocation of certain funds......................................................................1603, 1618, 1820, 1823, 2423, 2592
HB 521-- Colleges; meningococcal meningitis; vaccinations...............1508, 1516, 1820, 1823, 2104, 2110, 2445, 2450, 2487, 2497, 3093, 3368
HB 523-- Glynn County; community improvement district; create .....438, 444, 467, 470
HB 526-- Nursing Home Provider Fee Act; enact.................................1249, 1318, 1916, 1918, 2106, 2362, 2687
HB 527-- Ad valorem tax exemption; farm equipment in inventory for resale................................................................1364, 1372, 1820, 1823, 2423, 2679, 3025
HB 531-- Ad valorem tax; preferential assessment; environmentally contaminated (brownfield) property...........1697, 1750, 1820, 1823, 2422, 2499
HB 537-- Housing tax credits; qualified projects; credit amounts ........1508, 1517, 1820, 1823, 2422, 2558
HB 544-- Revenue bonds; hedge contracts; powers of governmental bodies..................................................................972, 988, 1793, 1823, 1932, 1984, 2326, 2347, 2446, 2489, 2557, 3339, 3369

3438

INDEX

HB 550-- State purchasing; benefits based funding projects; certain contracts.........................................................................972, 988, 1793, 1823, 2104, 2107
HB 551-- Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions ......................1001, 1175, 1522, 1629, 2104, 2108, 2686
HB 556-- Revenue Commissioner; powers and duties; tax executions; tax liabilities .......................................................1508, 1517, 2025, 2028, 2421, 2436, 2858, 2975
HB 561-- Local government budgets and audits; grant certification; amend provisions .............................................1364, 1372, 2027, 2028, 2425, 2683, 3354
HB 579-- Water resources; farm uses; water-measuring device ...........1509, 1517, 1821, 1823, 2104, 2150, 2686
HB 581-- Motor vehicle franchises; warranty reimbursement agreements; enforcement.......................................................1603, 1619, 1822, 1823, 2424, 2679, 3112
HB 584-- Long County; probate judge; nonpartisan election ...................804, 816, 2027, 2036
HB 587-- Wayne County; probate judge and chief magistrate; nonpartisan elections .................................................................458, 465, 1918, 1925
HB 588-- Talbot County; commissioner districts; reapportion .................458, 465, 1918, 1925
HB 589-- Talbot County; education districts; reapportion ........................458, 465, 1918, 1925
HB 590-- Teachers transferring from other states; certain exemption; paraprofessionals and aides ................................1707, 1750, 2025, 2028, 2424, 2681, 3241, 3370
HB 592-- Monroe, City of; election districts; reapportion ...................489, 498, 991, 997
HB 594-- State employees' health insurance; certain community service retirees .......................................................................1663, 1750, 2025, 2028
HB 595-- War on Terrorism Local Assistance Act; enact.....................1509, 1518, 1820, 1823
HB 596-- Oconee River Greenway Authority; amend provisions.........1303, 1319, 1820, 1823, 1932, 1985

INDEX

3439

HB 597-- State licensing boards; reduce number of members ..............1364, 1372, 1794, 1823, 1932, 1986, 2105, 2323, 2486, 2495, 3092, 3109
HB 598-- Insurance fraud; sales of coverage for unauthorized insurer; filing false material statement ..................................1675, 1751, 1821, 1823, 2106, 2367, 2486, 2489, 2608, 2645, 3011, 3076
HB 599-- Appeals; postconviction DNA testing; procedure.................1603, 1619, 1917, 1918
HB 600-- Berrien County; magistrate court; additional magistrate...........458, 465, 1321, 1326
HB 602-- Cobb County; chief magistrate; compensation..........................458, 465, 1918, 1925
HB 614-- Correctional institutions; housing certain inmates; reimbursement .......................................................................1604, 1619, 1917, 1918
HB 616-- Drivers' licenses; certain out-of-state applicants; on-theroad driving test not required ................................................1745, 1751, 1822, 1823, 2106, 2376, 2487, 2495, 2614, 2649, 2957
HB 619-- Accident and sickness insurance; franchise group plan; provisions ..............................................................................1604, 1619, 1821, 1823, 2105, 2333, 2687
HB 621-- State Financing and Investment Commission and Environmental Facilities Authority; amend ..........................1364, 1372, 1793, 1823, 2424, 2680, 3353
HB 623-- Bartow County; board of education; vacancies.........................489, 498, 1823, 1831, 1909, 1911, 1931, 2014, 2686
HB 626-- Ad valorem tax; motor vehicles; exempt veterans organizations .........................................................................1509, 1518, 1820, 1823, 2425, 2684
HB 627-- State government; phones; prohibit certain voice mail use.....................................................................................................1364, 1373
HB 628-- Occupational regulation legislative review; amend provisions .........................................................................................1604, 1620
HB 637-- Darien, City of; council districts; elections ...............................755, 761, 1322, 1326

3440

INDEX

HB 638-- State benefits plans; include employees of critical access hospitals, federally qualified health centers, and community service boards .....................................................1165, 1175, 1821, 1823, 2425, 2682, 2968, 3232
HB 645-- Alcoholic beverages; redefine malt beverage ..................................1684, 1751
HB 646-- Cobb County; expenditures; repeal certain referendum provision ....................................................................................755, 761, 2027, 2037
HB 649-- Columbus county-wide government; probate court judge; compensation..................................................................804, 816, 2027, 2037
HB 650-- Smithville, City of; mayor and council; staggered terms ..........804, 817, 1918, 1926
HB 652-- Polk County; board of education; election ................................805, 817, 1379, 1383
HB 657-- Spalding County; change board of elections to board of elections and registration...........................................................805, 817, 1763, 1774
HB 659-- Cobb County; tax commissioner; employees' compensation.............................................................................805, 817, 1918, 1926
HB 660-- Troup County; board of education; nonpartisan elections.....................................................................................805, 817, 1918, 1926
HB 661-- DeKalb County; homestead exemption; base year assessed value.......................................................................................805, 818
HB 662-- DeKalb County; homestead exemption; base year assessed value.......................................................................................805, 818
HB 663-- Braselton, Town of; new charter ...........................................1604, 1620, 2027, 2037
HB 665-- Lowndes County; education districts; reapportion....................806, 818, 1918, 1926
HB 666-- Local governments; financial transactions; annual audits .....................................................................................1605, 1620, 2027, 2028
HB 667-- Quitman County; homestead exemption; certain residents................................................................................................806, 818
HB 668-- Early County; state court; terms ................................................806, 819, 2027, 2037
HB 669-- Clay County; homestead exemption; certain residents.........................806, 819
HB 673-- City of LaGrange Gas Authority; create................................1166, 1176, 1918, 1927

INDEX

3441

HB 674-- Fannin County; board of commissioners; staggered terms ..........................................................................................972, 988, 1918, 1927
HB 680-- Check cashing businesses; licensure; change certain exemption ..............................................................................1509, 1518, 1793, 1823, 2423, 2593
HB 682-- Lumpkin County; board of elections and registration; create .........................................................................................972, 988, 2027, 2037
HB 684-- Rabun County; board of commissioners; amend provisions ..............................................................................1166, 1176, 1918, 1927
HB 688-- Vehicle Protection Product Act; enact ..................................1605, 1620, 1822, 1823, 2106, 2380, 2686
HB 690-- Cobb County; state court clerk and chief deputy; compensation.........................................................................1166, 1176, 1918, 1927
HB 691-- Cobb County; sheriff's employees; compensation.................1166, 1176, 1918, 1927
HB 692-- Moultrie, City of; council; reapportion .................................1166, 1177, 1763, 1774
HB 693-- Kennesaw, City of; corporate limits ......................................1303, 1319, 2693, 2703
HB 694-- Cartersville Building Authority; create .................................1167, 1177, 2693, 2703
HB 695-- Dougherty County; tax commissioner; collecting school taxes.......................................................................................1167, 1177, 1918, 1928
HB 697-- Managed health care plans; right to independent review; include state employees .........................................................1365, 1373, 2025, 2028
HB 698-- Cobb Judicial Circuit; judges; supplement............................1167, 1177, 1918, 1928
HB 699-- Dougherty County; board of commissioners; clerk...............1167, 1178, 1918, 1928
HB 702-- Cobb County; education districts; reapportion......................1167, 1178, 2027, 2038
HB 704-- Bibb County; education districts; reapportion.......................1168, 1178, 1918, 1929
HB 707-- Elbert County; probate judge; nonpartisan election ..............1303, 1319, 1918, 1929

3442

INDEX

HB 708-- Fraud, waste, abuse in state operations; whistle blower; prohibit retaliation .................................................................1706, 1751, 1917, 1918
HB 709-- Local sales taxes; limitation; certain exclusions ...................1697, 1752, 2025, 2028
HB 710-- Long County; board of education; compensation .................1303, 1319, 1918, 1929
HB 713-- Evans County; board of education; nonpartisan elections.................................................................................1303, 1320, 2027, 2038
HB 719-- Highways and motor vehicles; overweight assessments, hybrid vehicles, speed limit in work zones, speed detection devices ...................................................................1605, 1621, 2028, 2424, 2681, 3079, 3371
HB 721-- Health insurance identification cards; prohibit showing social security number ...........................................................1365, 1373, 1794, 1823, 2423, 2594
HB 722-- Domestic relations; temporary protective orders; duration..................................................................................1605, 1621, 1821, 1823, 2422, 2540, 3010
HB 726-- Professional engineers and land surveyors; redefine land surveying .......................................................................1706, 1752, 1822, 1823, 2106, 2378
HB 728-- Downtown Statesboro Development Authority District; boundaries .............................................................................2112, 2397, 2693, 2703
HB 730-- Dacula, City of; amend charter..............................................1304, 1320, 2027, 2038
HB 734-- Newborn, Town of; new charter............................................1304, 1320, 2027, 2038
HB 735-- Supplemental appropriation; Department of Labor...............1681, 1752, 1821, 1823, 2425, 2682, 3348
HB 748-- Enterprise zones; additional qualifying businesses and services; enforcement of local codes; certain limitation .......1561, 1621, 1820, 1823, 2421, 2442, 3027, 3232, 3313
HB 750-- Stockbridge, City of; elected officials; service on boards, commissions, and authorities....................................1365, 1373, 2027, 2038

INDEX

3443

HB 754-- Dawson County; homestead exemptions; certain residents.................................................................................1365, 1374, 2027, 2039
HB 756-- Liberty County; board of elections and registration; create; repeal certain Act .......................................................1366, 1374, 2027, 2039, 2097, 2102, 2386
HB 757-- Eggs; labeling information; expiration dates.........................1755, 1757, 1819, 1823, 2106, 2370
HB 759-- Varnell, City of; corporate boundaries ..................................1605, 1622, 2027, 2039
HB 764-- DeKalb County; certain arrests; cash deposit in lieu of bond .......................................................................................1366, 1374, 2027, 2039
HB 765-- Harris County; board of education; nonpartisan elections.................................................................................1366, 1374, 2027, 2040
HB 768-- Marion County; education districts; reapportion...................1366, 1375, 2027, 2040
HB 770-- Indigent Defense Act; enact; circuit public defenders; mental health advocacy .........................................................1606, 1622, 1821, 1823, 1932, 1993, 2333, 2347, 2446, 2494, 2911, 2943
HB 771-- Ethics in government; amend provisions ..............................1606, 1622, 1917, 1918, 2104, 2171, 2231
HB 772-- Bingo games; operation by auxiliary unit of parent organization ...........................................................................1681, 1753, 2025, 2028, 2424
HB 777-- State depositories; certain letters of credit to secure state funds.........................................................................................1606, 1622
HB 779-- Miller County; probate judge; nonpartisan elections ............1509, 1518, 2027, 2040
HB 780-- Lyons, City of; homestead exemption; base year assessed value........................................................................1606, 1623, 1823, 1831
HB 781-- Clay County; probate judge; nonpartisan elections ...............1510, 1519, 2027, 2040
HB 782-- Toombs County; homestead exemption; base year assessed value........................................................................1607, 1623, 1795, 1797

3444

INDEX

HB 783-- Vidalia, City of; homestead exemption; base year assessed value........................................................................1607, 1623, 1823, 1831
HB 784-- Vidalia, City of; homestead exemption; base year assessed value........................................................................1607, 1623, 1823, 1832
HB 785-- Santa Claus, City of; homestead exemption; base year assessed value........................................................................1607, 1624, 1823, 1832
HB 786-- Toombs County; homestead exemption; base year assessed value........................................................................1607, 1624, 1795, 1798
HB 787-- Pelham, City of; municipal officers and board of education ...............................................................................1510, 1519, 1823, 1832, 1833, 2386
HB 789-- Quitman County; probate judge; nonpartisan elections ........1510, 1519, 2027, 2041
HB 790-- Randolph County; probate judge; nonpartisan elections.......1510, 1519, 2027, 2041
HB 792-- Banking and finance, civil practice, state government, torts; civil actions; substantive revisions...............................1607, 1624, 1821, 1823, 2105, 2326, 2444, 2449, 2608, 2670, 3319, 3369
HB 795-- Ellijay-Gilmer County; water and sewerage authority; members ................................................................................1510, 1519, 2402, 2410, 2413, 2686
HB 796-- Newton County; board of education; reapportion .................1510, 1520, 2027, 2041
HB 798-- Vidalia Onion Act; amend provisions ...................................1608, 1624, 1819, 1823, 2107, 2392
HB 800-- Milledgeville, City of; amend provisions ..............................1510, 1520, 1823, 1832
HB 801-- Effingham County; chief magistrate; nonpartisan elections.................................................................................1608, 1625, 2027, 2041
HB 802-- Effingham County; probate judge; nonpartisan elections .....1511, 1520, 2693, 2703
HB 803-- Nashville, City of; mayor pro tem; city manager ..................1511, 1520, 1823, 1832
HB 804-- Liberty County; civil cases; technology fees.........................1511, 1521, 2693, 2703, 2710, 2712, 3010

INDEX

3445

HB 805-- McIntosh County; probate judge; nonpartisan elections .......1511, 1521, 1918, 1929
HB 815-- Hunting and fishing; amend license provisions; hunting alligators and certain other wildlife; amend regulations .......1663, 1754, 1821, 1823, 2423, 2595, 3007
HB 825-- Atkinson County; commissioner districts; reapportion .........1511, 1521, 1763, 1774
HB 826-- Atkinson County; education districts; reapportion................1511, 1521, 1823, 1833
HB 830-- Tattnall County; education districts; reapportion ..................1608, 1625, 1763, 1775
HB 831-- Ball Ground, City of; mayor; remove term limits .................1608, 1625, 2027, 2041
HB 832-- Clayton County Commission on Children and Youth; establish .................................................................................1608, 1625, 2027, 2042
HB 835-- Warren County; board of education; nonpartisan elections.................................................................................1608, 1625, 2027, 2042
HB 836-- Hall County; state court; add judge .......................................1758, 1761, 2027, 2042
HB 837-- Cobb County; commissioner districts; reapportion ...............1609, 1626, 2693, 2704
HB 839-- St. Marys Convention and Visitors Bureau Authority; create .....................................................................................1609, 1626, 1823, 1833
HB 840-- Avondale Estates, City of; redevelopment powers; referendum.............................................................................1609, 1626, 2402, 2411
HB 841-- Upson County; board of elections and registration; create .....................................................................................1609, 1626, 1918, 1929
HB 842-- Tattnall County; commissioner districts; reapportion ...........1609, 1627, 1763, 1775
HB 846-- OCGA; conform references to House and Senate committee names ...................................................................1706, 1753, 2026, 2028, 2425, 2681, 2976
HB 847-- Jones County; education districts; reapportion......................1609, 1627, 2027, 2042
HB 848-- Bulloch County; chief magistrate; nonpartisan elections ......2112, 2398, 2693, 2704

3446

INDEX

HB 849-- Screven County; probate judge; nonpartisan elections .........1610, 1627, 1918, 1930
HB 850-- Marion County; board of elections and registration; create .....................................................................................1610, 1627, 1918, 1930
HB 853-- Banks County; certain homestead exemption; increase ........1610, 1627, 1918, 1930
HB 854-- Banks County; form of government; board of commissioners .......................................................................1610, 1628, 2027, 2042
HB 856-- Hampton, City of; elected officials serving on boards; repeal prohibition ..................................................................1758, 1761, 2693, 2704, 2711, 2712, 3007
HB 857-- Hampton, City of; public facilities authority; create .............1759, 1762, 2694, 2704, 2711, 2712, 3007
HB 861-- Abbeville, City of; new charter .............................................1610, 1628, 1763, 1775
HB 862-- Cherokee County; state court; technology fee.......................1809, 1815, 2402, 2411
HB 871-- Paulding County; commissioner districts; reapportion .........1759, 1762, 1918, 1930
HB 874-- Barrow County; commissioner districts; reapportionment corrections..................................................1758, 1762, 1918, 1930
HB 876-- Barrow County; education districts; reapportionment corrections .............................................................................1789, 1792, 2027, 2043
HB 880-- East Dublin, City of; corporate limits....................................1759, 1762, 2027, 2043
HB 888-- McDuffie County; probate judge; nonpartisan elections.......1759, 1762, 2694, 2704
HB 890-- Tyrone, Town of; mayor and council; terms .........................1759, 1762, 2694, 2705
HB 893-- Tobacco product manufacturers; certification; prohibit sale of certain cigarettes ........................................................1697, 1753, 1820, 1823, 2105, 2332
HB 896-- Lowndes County; board of commissioners; reapportion.......1759, 1763, 2027, 2043
HB 904-- Screven County; chief magistrate; nonpartisan elections......1789, 1792, 2027, 2043

INDEX

3447

HB 907-- Pooler, City of; mayor; city manager.....................................1789, 1792, 2402, 2411
HB 909-- Cobb County; board of commissioners; compensation....................1790, 1792
HB 910-- Lavonia, City of; corporate limits .........................................1790, 1792, 2027, 2043
HB 912-- Morgan, City of; new charter ................................................2112, 2398, 2694, 2705
HB 913-- Macon County; board of elections and registration; create .....................................................................................1790, 1793, 2027, 2043
HB 915-- Whitfield County; homestead exemption; certain residents.................................................................................1809, 1815, 2027, 2044
HB 916-- Gateway Regional Information Center, Inc.; Cobb County public rest stops ...................................................................1809, 1815
HB 919-- Columbia County; coroner; compensation .......................................1810, 1815
HB 920-- Hart County; education districts; reapportion .......................1810, 1816, 2027, 2044
HB 921-- Hart County; commissioner districts; reapportion.................1810, 1816, 2027, 2044
HB 922-- Athens-Clarke County; certain officers; nonpartisan elections.................................................................................1810, 1816, 2027, 2044
HB 924-- Stewart County; probate judge; nonpartisan elections ..........1810, 1816, 2027, 2045
HB 925-- Early County; probate judge; nonpartisan elections..............1810, 1816, 2027, 2045
HB 926-- Calhoun County; probate judge; nonpartisan elections.........1811, 1817, 2027, 2045
HB 927-- Coweta County; board of elections; provisions.....................1811, 1817, 2027, 2045
HB 928-- Fulton County; homestead exemption; base year assessed value...................................................................................2112, 2398
HB 929-- Fulton County; homestead exemption; base year assessed value........................................................................2113, 2398, 2693, 2705, 2712, 2713
HB 932-- Forsyth County; board of registrations and elections; chairperson's compensation ..............................................................2356, 2398
HB 936-- Screven County; public facilities authority; create................1811, 1817, 2027, 2045
HB 938-- Oconee County; public facilities authority; create ................1811, 1817, 2027, 2045

3448

INDEX

HB 939-- Locust Grove, City of; elected officials; members of boards, commissions, and authorities....................................1811, 1817, 2027, 2046
HB 940-- Sale City, City of; new charter ..............................................1811, 1818, 2402, 2411
HB 942-- Atlanta, City of; municipal court; penalties; use of funds ......................................................................................2356, 2399, 2693, 2706
HB 943-- Atlanta, City of; state court; additional penalties; use of funds .................................................................................................2356, 2399
HB 944-- Liberty County; public facilities authority; create.................1812, 1818, 2027, 2046
HB 945-- Alpharetta, City of; municipal court; amend provisions .......1911, 1915, 2402, 2411
HB 946-- Eastman, City of; corporate limits.........................................1912, 1915, 2402, 2412
HB 947-- Commerce, City of; council and school districts; reapportion.............................................................................2018, 2024, 2860, 3024
HB 948-- Jefferson, City of; levy tax for school system .......................2113, 2399, 2693, 2706
HB 949-- McIntosh County; education districts; reapportion ..........................1912, 1915
HB 952-- Bacon County; probate judge; nonpartisan elections ............1912, 1915, 2402, 2412
HB 956-- Dodge County; education districts; reapportion....................1912, 1915, 2402, 2412
HB 957-- Telfair County; governing authority; amend provisions ..................2483, 2555
HB 958-- Lee County; reimbursement for collecting school taxes .......1812, 1818, 2027, 2046
HB 959-- Chattahoochee County; sheriff; vacancy...............................1812, 1818, 2027, 2046
HB 960-- Perry Industrial Building Authority; repeal constitutional amendment creating...................................................1812, 1818
HB 967-- Buford, City of; new charter..................................................2357, 2400, 2693, 2706
HB 970-- Laurens County; board of education; elections .....................1912, 1916, 2402, 2412
HB 971-- Gordon, City of; removal of city officer; required votes.......1912, 1916, 2402, 2412
HB 973-- Alma, City of; council districts; reapportion .........................1913, 1916, 2402, 2413
HB 974-- Jackson County; airport authority; amend provisions ...........2018, 2024, 2402, 2413

INDEX

3449

HB 979-- Jones County; commissioner districts; reapportion...............2018, 2024, 2693, 2706
HB 982-- Cobb County; probate court clerk; compensation .................2357, 2400, 2693, 2707, 2712, 2713, 2714
HB 983-- Gainesville, City of; education districts; reapportion............2113, 2400, 2693, 2707
HB 988-- Macon, City of; water authority; political subdivision of state........................................................................................2396, 2403, 2693, 2708
HB 991-- Covington, City of; corporate limits......................................2113, 2400, 2693, 2708
HB 996-- Johnson County; board of commissioners; staggered terms ......................................................................................2396, 2403, 2693, 2708
HB 997-- Douglasville, City of; smoking in public places; nonbinding referendum .........................................................2396, 2403, 2693, 2708
HB 998-- Colquitt County; chief magistrate; nonpartisan elections .....2397, 2404, 2694, 2708
HB 1000-- Chatham County; hospital authority; board members ...........2483, 2555, 2694, 2709
HB 1004-- Northwest Georgia Trade and Convention Center Authority; create ....................................................................2717, 2762, 2860, 3024

3450

INDEX

HOUSE RESOLUTIONS
HR 9-- Notify Senate; House convened .....................................................................15
HR 12-- Joint session; Governor's message ...........................................................55, 68
HR 25-- Robert Henry Jordan Memorial Highway; designate ................303, 309, 2028, 2415
HR 28-- Sonny Kemp Intersection; designate in Hall County ................806, 819, 1795, 1823, 2415
HR 31-- Adjournment; relative to.............................................................83, 87, 89, 141
HR 32-- Joint session; message from Chief Justice of Supreme Court .........................................................................................................84, 87
HR 68-- Supreme Court; jurisdiction; certain questions of law .........................................................................................1512, 1521, 1917, 1918, 2104, 2169
HR 81-- Harold Mann Memorial Interchange; designate........................807, 819, 1795, 1823, 2415
HR 88-- Jim Gillis-Historic Savannah Parkway; designate.....................972, 988, 2028, 2415
HR 90-- Veterans Memorial Highway; designate; Banks County veterans; commend................................................................1168, 1178, 1322, 1379, 1799, 1806
HR 91-- Adjournment; relative to.......................................................131, 137, 165, 263
HR 92-- Blackstock, Ms. Mavis; compensate .....................................1366, 1375, 1917, 1918, 2104, 2109, 2687
HR 104-- Jack Connell Parkway; designate ...............................................973, 989, 2028
HR 106-- Sheriff-elect Derwin Brown Memorial Bridge; designate .............................................................................490, 498, 991, 1180, 2415
HR 107-- Staff Sgt. Avely W. Runnels Memorial Highway; designate ....................................................................................490, 499, 1795, 1823, 2415
HR 115-- Martin Luther King, Jr., Bypass; designate ...............................807, 819, 1795, 1823, 2415, 2416
HR 128-- Lt. Col. Doyce Ariail Highway; designate ................................807, 820, 1795, 1823, 2415
HR 129-- Shelton Isaiah DeLoach Memorial Bridge; designate...............973, 989, 2028, 2415
HR 131-- Albert Shelton Swindell Memorial Highway; designate...........973, 989, 2028, 2415
HR 132-- Keith Kalland Connector; designate.......................................1698, 1753, 2028

INDEX

3451

HR 146-- Dean Bryant Intersection; designate..........................................807, 820, 1795, 1823, 2415
HR 175-- Rod Smith Memorial Garden; designate wildflower garden in median of Jesse Jewell Parkway................................807, 820, 1794, 1823, 2415
HR 212-- Charles F. Hatcher Highway; designate ....................................807, 820, 1795, 1823, 2415
HR 213-- Sonny Dixon Interchange; designate..................................756, 761, 992, 1180, 2415
HR 228-- Cosmetic dental coverings; urge removal of unlicensed providers ................................................................................1610, 1628, 1820, 1823
HR 257-- Robert Ray Parkway; designate..............................................1512, 1522, 2028
HR 263-- Subsequent Injury Trust Fund Joint Study Committee; create .....................................................................................1611, 1628, 2026, 2028, 2425, 2683, 3146
HR 266-- Regional development center boundaries; ratify changes .....1304, 1320, 2025, 2028, 2422, 2562
HR 357-- Search and rescue dogs; authorize erection of monument honoring...............................................................1611, 1628, 1819, 1823, 2106, 2371
HR 360-- Adjournment; relative to...............................................................................508
HR 397-- Joint MARTA Finance Study Committee; create..................1611, 1629, 1917, 1918, 2383, 2687
HR 406-- Gamaliel Hilson Memorial Overpass; designate...................1611, 1629, 2028, 2415
HR 545-- Carter, President Jimmy; Nobel Laureate; address joint session ...................................................................................1304, 1320, 1522, 1530, 1533
HR 591-- Judge Jim Weeks Intersection; designate ..............................1698, 1754, 2028, 2423, 2679, 2725, 2908, 3133, 3138, 3231, 3331
HR 681-- Law Enforcement Museum and Hall of Fame; support creation .............................................................................................1913, 1916
HR 692-- Lynch, Paul D.; condolences ............................................................1684, 1765
HR 847-- Adjournment; relative to........................................................2483, 2492, 2688, 3380
HR 856-- Collins, Officer Melvin Earl; condolences.................................................2695

3452

INDEX

INDEX

3453

PART III ALPHABETIC INDEX -- 2003 SESSION
A
ABANDONMENT, CHILD Abandoned Child Protection Act; newborns left at medical facilities; penalty ........... SB 186
ABANDONMENT, MOTOR VEHICLES Property; abandoned motor vehicles; removal/storage of commercial vehicle request of property owner; regulations......................................................................... SB 121
ABBEVILLE, CITY OF Abbeville, City of; new charter ....................................................................................HB 861
ABORTION Abortion; proper identification to physician; minor's parent or guardian .................... SB 240 Woman's Right To Know Act; Medical Consent Law; abortion procedures; 24 hour waiting period following disclosure.................................................................. SB 23
ACCOUNTANTS State Licensing Boards; reduce number of members...................................................HB 597
AD VALOREM TAX (Also see Taxation and Revenue) Ad Valorem Tax Exemption; farm equipment in inventory for resale ........................HB 527 Ad Valorem Tax; assessment; taxpayer appeals; refunds; interest amount ................. SB 161 Ad Valorem Tax; bona fide conservation use property; riverside or streamside land; local sales taxes; prohibition; exception............................................HB 290 Ad Valorem Tax; conservation use covenant; renewal period..................................... SB 277 Ad Valorem Tax; motor vehicles; exempt veterans organizations ..............................HB 626 Ad Valorem Tax; preferential assessment; environmentally contaminated (brownfield) property ...................................................................................................HB 531 Ad Valorem Tax; property taxation; change definitions................................................ SB 58 Ad Valorem Tax; statewide homestead exemption; increase amount............................ SB 41 Ad Valorem Taxes; freeze existing residential property values until sold; appraise at fair market value ........................................................................................ SR 311 Chatham County; reimbursement for cost of collecting school taxes............................ SB 84 Constructed Storm-Water Wetlands; preferential assessment; ad valorem tax............HB 413 Election; qualifying fees; county officials; calculation................................................ SB 153 Local School Taxation; five mill share funds; calculations ........................................... SB 99 Local School Taxation; five mill share funds; increased student population; capital expenditures...................................................................................................... SB 100 Nuisance Abatement Liens; collection procedures; foreclosures ................................ SB 182

3454

INDEX

Statewide Homestead Exemption Grants; mandated appropriation.............................. SR 36
ADJOURNMENT Adjournment; relative to ................................................................................................HR 31 Adjournment; relative to ................................................................................................HR 91 Adjournment; relative to ..............................................................................................HR 360 Adjournment; relative to ..............................................................................................HR 847 Adjournment; relative to .............................................................................................. SR 110 Adjournment; relative to .............................................................................................. SR 233 Adjournment; relative to .............................................................................................. SR 242 Adjournment; relative to .............................................................................................. SR 441
ADMINISTRATIVE PROCEDURE Administrative Law Judge; contested cases; submission of testimony........................ SB 319 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359 Eminent Domain; condemnation; electric power plants, power lines.......................... SB 267 Environmental Policy; regulatory decisions; publication requirements....................... SB 172 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; revisions........................................................ SB 108 Georgia Seniors Prescription Drug Benefit Program Act; establish ............................ SB 112 Regulatory Reform Act ................................................................................................ SB 361
ADMINISTRATIVE SERVICES, DEPARTMENT OF Administrative Services, Department of; bidding procedure; delete repealer .............HB 291 Cigar and Cigarette Taxes; loose or smokeless tobacco; impose excise tax................HB 379 Distance Learning and Telemedicine; use of funds in Universal Service Fund; enterprise information technology needs ...........................................................HB 456 Local Government or Board of Education; contracts; bid opportunity advertisements; Georgia Procurement Registry ........................................................... SB 342 Minority Business Enterprises; certification procedure defined in federal law ........... SB 115 State Purchasing; benefits based funding projects; certain contracts...........................HB 550 State Road and Tollway Authority; public-private initiative proposals ....................... SB 257 Wages Paid by State Contractors or Subcontractors; living wage requirement........... SB 303
ADOPTION Adoptions/Child-Placing Agencies; records access; birth records; practices ................ SB 55 Adoptions; access to vital records; placement of child following order terminating parental rights; original birth certificates ................................................. SB 192 Children; prohibit the sale or offer for sale of a child by parent or guardian............... SB 281 Juvenile Proceedings; placement of child after termination order; options ................. SB 236

INDEX

3455

Vital Records; birth certificate in legitimations, paternity, adoptions ......................... SB 263
ADVERTISING Highways; billboards; repeal tree trimming permits; change provisions to Roadside Enhancement and Beautification Council .................................................... SB 334
AGRICULTURE Agriculture; Georgia Dairy Act violations; penalty provisions ..................................... SB 14 Bottled Water; consumption in public transit bus or rapid rail car or station ..............HB 175 Cigar and Cigarette Taxes; loose or smokeless tobacco; impose excise tax................HB 379 Fraud; failure to pay for Christmas trees, pine needles, and certain crops...................HB 108 Greenhouse Gas Emissions; Carbon Sequestration Registry Act ................................ SB 356 Honeybees; inspection and registration of colonies; change provisions......................HB 293 Livestock; control of contagious diseases, chemicals, poisons, toxins; notices and reports of suspicious illnesses; violations.............................................................. SB 183 Motor Vehicle License; fees and classes of agricultural vehicles; definitions .............. SB 59 National Emu Week; Georgia Emu Association; recognize ........................................ SR 192 Natural Gas in Poultry Production; rules with respect to charges................................ SB 118 Nuisance Abatement Liens; collection procedures; foreclosures ................................ SB 182 OCGA; Conform References to House and Senate Committee Names.......................HB 846 Property Involved with Illegal Drug Activities; enhanced penalties ........................... SB 324 Soil Erosion and Sedimentation; amend; Stakeholder Advisory Board.......................HB 285 Soil Investigation; soil classifiers for on-site sewage management sites; standards, qualifications ............................................................................................... SB 129 State Employees' Health Insurance; agricultural commodity commission staff ..........HB 147 Timber Harvesting Operations; local regulatory authority........................................... SB 207 Tobacco Product Manufacturers; certification; prohibit sale certain cigarettes...........HB 893 Vidalia Onion Act; amend provisions ..........................................................................HB 798 Water Resources; comprehensive state water planning to control pollution and surface-water use; ground-water permits; river basin plans.................................. SB 180 Water Resources; farm uses; water-measuring device.................................................HB 579 Water Resources; state-wide water management plan .................................................HB 237
AIR POLLUTION (Also see Environmental Protection) Environmental Policy; regulatory decisions; publication requirements....................... SB 172
ALABAMA, STATE OF Joint Development Authorities; county of this state and contiguous county of adjoining state; sports facility or amphitheater ............................................................HB 309
ALBANY, CITY OF Albany-Dougherty County Day at the State Capitol; recognize ................................. SR 197 Albany-Dougherty County Day; recognize .................................................................. SR 105

3456

INDEX

Dougherty County; tax commissioner; collecting school taxes ...................................HB 695
ALCOHOLIC BEVERAGES (Also see Commerce; DUI; Motor Vehicles) Alcoholic Beverages; consumption on premises; local authorization..........................HB 493 Alcoholic Beverages; defective products exchange or return; samples ....................... SB 352 Alcoholic Beverages; redefine malt beverage..............................................................HB 645 Alcoholic Beverages; Sunday package sales................................................................ SB 300 Drivers' Licenses for Minors; amend provisions; driver training schools and commercial driver training schools ..............................................................................HB 447 DUI Alcohol/Drugs; new offense of refusal to submit chemical testing ....................... SB 13 DUI; prohibitions, punishment; revise and harmonize provisions................................. SB 75
ALCOHOLISM, DRUG DEPENDENCY OR ABUSE Controlled Substances and Dangerous Drugs; amend list; certain over-thecounter exemption; prescription drug orders................................................................HB 261 Drivers' Licenses for Minors; amend provisions; driver training schools and commercial driver training schools ..............................................................................HB 447 Marijuana; reduce quantity for trafficking prosecution ...............................................HB 196
ALIENS (Also see Nonresidents) Designate; The Mighty Eighth Air Force Heritage Museum; Funk Heritage/Bennett Center at Reinhardt College............................................................... SB 33 Drivers' Licenses/Auto Insurance; forms of ID for noncitizens from FTAA member countries ......................................................................................................... SB 181 Drivers' Licenses; issuance; indication of U.S. citizenship; expiration date.................. SB 89 International Affairs Coordinating Council; create......................................................HB 324 Korean Immigration; 100 years; recognizing................................................................. SR 87 Stopping of Motorist by Law Enforcement; probable cause; racial profiling restrictions; officer training ........................................................................................... SB 95
ALIMONY AND CHILD SUPPORT Child Support and Driver's License Applications; social security number or certification of non-eligibility ......................................................................................HB 319 Child Support/Custody Issues; deprived child; juvenile court jurisdiction.................... SB 80 Child Support; computation of award, guidelines, income deduction orders ................ SB 17 Divorce; grounds; extend time frame; effect of legal separation on children.............. SB 298 Drivers' Licenses/Auto Insurance; forms of ID for noncitizens from FTAA member countries ......................................................................................................... SB 181
ALMA, CITY OF Alma, City of; council districts; reapportion................................................................HB 973

INDEX

3457

ALPHARETTA, CITY OF Alpharetta, City of; commend ...................................................................................... SR 259 Alpharetta, City of; municipal court; amend provisions ..............................................HB 945
ALTO Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120
ANATOMICAL GIFT ACT Anatomical Gifts; advisory board on procurement; add organ recipient .......................HB 53
ANIMALS Livestock; control of contagious diseases, chemicals, poisons, toxins; notices and reports of suspicious illnesses; violations.............................................................. SB 183 OCGA; Conform References to House and Senate Committee Names.......................HB 846 Search and Rescue Dogs; authorize erection of monument honoring..........................HR 357 Veterinary Practice; extensively revise provisions.......................................................HB 347 Wild Animal Permit; exempt Bengal cat......................................................................HB 227
ANNUITIES; ANNUITY AND PURE ENDOWMENT CONTRACTS Insurance; individual deferred annuities; nonforfeiture rate ........................................ SB 166
APPEAL AND ERROR Appeals in Death Penalty Cases; new trial; request DNA testing and analysis ........... SB 119 Appeals; postconviction DNA testing; procedure........................................................HB 599
APPELLATE COURT Criminal Procedure; demand for trial; time expiration; appeals .................................... SB 45 Employees' Retirement; secretaries of appellate/superior court judges, DAs ............... SB 98 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................. SB 109 Joint Session of General Assembly; message from Governor. ...................................... SR 20 Sheriff, Office of; nonpartisan elections ........................................................................ SB 26 Supreme Court; answer question of law from district court ........................................HB 164 Supreme Court; jurisdiction; certain questions of law ...................................................HR 68
APPROPRIATIONS AND FISCAL AFFAIRS Budget Act; continuation budget report; apply zero-base budgeting............................... SB 8 General Appropriations; FY 2003 - 2004 ....................................................................HB 122 Hospital Care for Nonresident Indigents; reimbursement by counties; funds ............. SB 171 Improvement of the HOPE Scholarship Joint Study Commission; create ................... SR 220 Limitation on State Taxation, Spending, and New or Expanded Activities; revenue limits; excess revenues; emergencies ............................................................. SR 163 Sales Tax on Motor Fuel; proceeds for local assistance road programs ...................... SR 159

3458

INDEX

State Employee's Retirement; development and implementation of options; early retirement incentives ........................................................................................... SB 126 State Official Salaries; General Assembly; Lt. Gov., 10% reduction ............................ SB 76 Supplemental Appropriation; Department of Labor ....................................................HB 735 Supplemental Appropriations; FY 2002 - 2003 ...........................................................HB 121 Taxpayers' Dividend Act; amendments that increase appropriations........................... SR 160
AQUARIUM State and Local Tax Revision Act of 2003; enact..........................................................HB 43
ARCHAEOLOGY Archeological, Aboriginal, Prehistoric, or Historic Sites; disturbing ............................HB 26 Archeologists; certain submerged artifacts; exemption against disturbing.................. SB 140 State and Local Tax Revision Act of 2003; enact..........................................................HB 43
ARCHITECTS State Licensing Boards; reduce number of members...................................................HB 597
ARREST OF PERSONS (Also see Warrants) State Fire Marshal/Staff; investigatory powers; arrests; search warrants .................... SB 345
ARSON Arson or Explosives Used During Commission of a Felony; penalties ...................... SB 184 Life Without Parole; imposed in certain cases under certain circumstances ............... SB 149
ARTS Science, Arts, and Cultural Services, Funding of; Study Committee; create............... SR 325
ASBESTOS SAFETY ACT Environmental Policy; regulatory decisions; publication requirements....................... SB 172
ASSAULT AND BATTERY Torts; immunity; medical or forensic examiners of sexual assault victims ................... SB 25
ATHENS, CITY OF Athens-Clarke County Industrial Development Authority; membership.....................HB 323 Athens-Clarke County; certain officers; nonpartisan elections....................................HB 922 Eldridge, Doc; Mayor, Athens-Clarke County; commend ............................................. SR 77 Ford, Linda; outstanding public service; commend ....................................................... SR 78 Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120 Sheats, Alvin; outstanding public service; commend .................................................... SR 79

INDEX

3459

ATHLETE AGENTS State Licensing Boards; reduce number of members...................................................HB 597 Uniform Athlete Agents Act; enact..............................................................................HB 194
ATHLETIC TRAINERS Health Care Protection Act; health care licensing violations; penalties ...................... SB 162
ATKINSON COUNTY Atkinson County; commissioner districts; reapportion................................................HB 825 Atkinson County; education districts; reapportion.......................................................HB 826
ATLANTA, CITY OF Atlanta and Fulton County Recreation Authority; limitation of powers ...................... SB 230 Atlanta Board of Education/Independent School System; change provisions ............. SB 204 Atlanta Municipal Court; change certain fees..............................................................HB 448 Atlanta, City of; municipal court; penalties; use of funds............................................HB 942 Atlanta, City of; state court; additional penalties; use of funds ...................................HB 943 Fulton County Library System; specify name; membership ........................................ SB 231 Highways; use of emergency lanes; transit buses; metro Atlanta area......................... SB 256
ATTORNEY GENERAL Georgia v. Ashcroft Redistricting Case; support of the Governor; urging the Attorney General to dismiss the appeal.......................................................................... SR 85 Internet/Computer Safety Act; offenses of internet contact with a child ..................... SB 103 Revenue Bonds; issuance of obligations; change certain provisions........................... SB 274
ATTORNEYS (Also see Courts; Civil Practice; Criminal Proceedings) Civil Actions; attorney's fees/expenses of litigation; awarded to prevailing party; clarify unjustified claims or positions ................................................................ SB 335 Civil Practice; Frivolous Litigation Prevention Act..................................................... SB 225 Debtor or Creditor; debt adjustment; amend provisions ..............................................HB 385 State Bar Applicants; fingerprints to GBI and FBI for criminal records check.............HB 90
AUCTIONEERS State Licensing Boards; reduce number of members...................................................HB 597
AUDITS AND ACCOUNTS, DEPARTMENT OF State Government Cost Control, Senate Commission; Senate Private Sector Advisory Committee; establishing ............................................................................... SR 273
AUSTELL, CITY OF Austell, City of; Facilities Authority; create ................................................................ SB 353

3460

INDEX

AUTHORITIES County and Municipal Hospital Authorities; financial aid; critical shortages .............HB 372 County and State Ordinances; violation; increase penalty ...........................................HB 226 East Central Georgia Railroad Excursion Authority; create ........................................HB 497 Gateway Regional Information Center, Inc.; Cobb County public rest stops ..............HB 916 Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions ........................................................................................HB 551 Joint Development Authorities; county of this state and contiguous county of adjoining state; sports facility or amphitheater ............................................................HB 309 Lake Lanier Islands Development Authority; allocation of certain funds ...................HB 519 Oconee River Greenway Authority; amend provisions................................................HB 596 Public Authorities; Music Hall of Fame, Sports Hall of Fame; employees; members; contracts; change provisions.......................................................................... SB 88 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ..................................................... SB 273 State Financing and Investment Commission and Environmental Facilities Authority; amend..........................................................................................................HB 621 Tollways; causeway to barrier islands; exemption for certain residents ......................HB 503 War on Terrorism Local Assistance Act; enact............................................................HB 595
AVIATION Arson or Explosives Used During Commission of a Felony; penalties ....................... SB 184 Aviation History; Centennial of Powered Flight; celebrating...................................... SR 292 Emergency Vehicles; Air Ambulance Services; licensure and regulation...................... SB 7 Georgia's Transportation Needs, Study Committee; create.......................................... SR 422 Life Without Parole; imposed in certain cases under certain circumstances ............... SB 149 Property Involved with Illegal Drug Activities; enhanced penalties ........................... SB 324 Terrorism Prevention; rename Organized Crime Prevention Council; powers and duties; Airport Anti-Terrorism Training................................................................ SB 187 Zoning Procedures; land adjacent military base, installation, or airport; Local Government Code Enforcement Boards Act................................................................ SB 261
AVONDALE ESTATES, CITY OF Avondale Estates, City of; redevelopment powers; referendum..................................HB 840
B
BACON COUNTY Bacon County; probate judge; nonpartisan elections ...................................................HB 952
BAIL; BONDS AND RECOGNIZANCES Sheriffs Engaging in Certain Businesses; violation of oath of office ..........................HB 415

INDEX

3461

Sheriffs; unlawful to engage in private security, private investigation or bail bond businesses; violation of oath of office................................................................. SB 117
BAKER COUNTY Baker/Mitchell County Consolidated High School; expiration of contract ................. SB 381 Designate; Charles F. Hatcher Highway; Baker County.............................................. SR 229
BALDWIN COUNTY Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328 Property Conveyances; authorized ............................................................................... SR 224 Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120 Public Property; conveyances....................................................................................... SR 121
BALL GROUND, CITY OF Ball Ground, City of; mayor; remove term limits ........................................................HB 831
BANKING AND FINANCE Bad Checks; increase maximum service charge; mailing notices; payee liable........... SB 105 Banking and Finance; regulations; comprehensive revisions ........................................ SB 78 Check Cashing Businesses; licensure; change certain exemption ...............................HB 680 Deposit Account Fraud; increase the maximum service charge .................................. SB 104 Fair Lending Act; amend provisions ............................................................................HB 142 Fair Lending Act; Department of Banking and Finance, authority to regulate.............. SB 28 Georgia Fair Lending Act; amend provisions ................................................................ SB 53 Identity Fraud; violations; law enforcement investigations; victims damages ............ SB 349 Motor Vehicle; certificate of title; fraudulent acts; penalties....................................... SB 299 Payday Lending; deferred presentment or advance cash services; regulate................. SB 157 Payment Card Transactions; printed receipt; restrict information ...............................HB 213 Superior Court Clerks' Cooperative Authority; filing fees; real estate and personal property.......................................................................................................... SB 195 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133
BANKS COUNTY Banks County; certain homestead exemption; increase ...............................................HB 853 Banks County; form of government; board of commissioners ....................................HB 854
BARBERS Cosmetology and Barber's Day in Georgia; commend .................................................. SR 76 Cosmetology and Barber's Day; commend .................................................................... SR 97 State Licensing Boards; reduce number of members...................................................HB 597

3462

INDEX

BARROW COUNTY Barrow County; commissioner districts; reapportionment corrections........................HB 874 Barrow County; education districts; reapportionment corrections...............................HB 876
BARTOW COUNTY Bartow County; board of education; vacancies............................................................HB 623 Cartersville-Bartow County, Joint Regional Development Authority; tax exemption ..................................................................................................................... SB 308 Property Conveyances; authorized ............................................................................... SR 224
BERRIEN COUNTY Berrien County; magistrate court; additional magistrate..............................................HB 600 Regional Development Center Boundaries; ratify changes .........................................HR 266
BIBB COUNTY Bibb County; education districts; reapportion..............................................................HB 704 Designate; Thelma 'T-Lady' Ross Bridge; Bibb County ................................................ SR 67 Designate; William S. Hutchings Bridge; Bibb County................................................. SR 66 Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120
BICYCLES License Plates; special; "Share the Road" message ..................................................... SB 283
BINGO GAMES Bingo Games; operation by auxiliary unit of parent organization ...............................HB 772 Bingo; fee for conducting games; increase ....................................................................HB 87 Bingo; increase prize amounts .....................................................................................HB 134 Bingo; use of certain electronic or computer devices; provisions ...............................HB 279
BISHOP, U.S. CONGRESSMAN, SANFORD; addressed Senate ..........................Page 268
BLASTING OPERATIONS Arson or Explosives Used During Commission of a Felony; penalties ....................... SB 184 Fireworks, Pyrotechnics; public displays; audience; site permits, licensure................ SB 213
BLIND PERSONS Eye Bank Operators; amend provisions .........................................................................HB 54
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Colleges; meningococcal meningitis; vaccinations......................................................HB 521 Georgia, University of; 2002 football team; SEC champions; commend ...................... SR 74 HOPE Scholarship Tuition Grants; change residency requirements............................ SB 287 HOPE Scholarship Tuition Grants; eligible part-time students ................................... SB 286

INDEX

3463

Richt, UGA Coach Mark; commend.............................................................................. SR 80 State Property; naming/renaming for a public official; 5 year restriction...................... SB 73 Student Achievement, Office of; create; comprehensive revisions regarding education accountability............................................................................................... SB 248 Teachers Retirement; University System employees; optional plan ............................ SB 253 University System Employees; doing business with state; exception .......................... SB 255
BOATS, MARINE EQUIPMENT AND FACILITIES Lake Oconee; prohibit certain boats.............................................................................HB 444 Watercraft; vessel classification; required equipment; reportable accidents ............... SB 134
BONDS (Also see Revenue Bonds) Banking and Finance; regulations; comprehensive revisions ........................................ SB 78 Fireworks, Pyrotechnics; public displays; audience; site permits, licensure................ SB 213 Sheriffs; unlawful to engage in private security, private investigation or bail bond businesses; violation of oath of office................................................................. SB 117 State Financing and Investment Commission and Environmental Facilities Authority; amend..........................................................................................................HB 621
BRASELTON, TOWN OF Braselton, Town of; new charter ..................................................................................HB 663
BREMEN, CITY OF Bremen, Georgia; 120th Anniversary; recognize......................................................... SR 189
BUCHANAN Buchanan, City of; new City Hall; commend............................................................... SR 156 Buchanan, City of; new municipal building; commend............................................... SR 512
BUFORD, CITY OF Buford, City of; Bona-Allen Leather Company; commend ......................................... SR 404 Buford, City of; new charter.........................................................................................HB 967 Buford, City of; new charter......................................................................................... SB 260
BUILDINGS AND HOUSING (Also see Property; Real Estate) Arson or Explosives Used During Commission of a Felony; penalties ....................... SB 184 Building Permits Through Certain Electronic Media; application; payments ............... SB 39 Fair Lending Act; Department of Banking and Finance, authority to regulate.............. SB 28 Manufactured Homes and Mobile Homes; certificate of permanent location .............HB 506 Nuisance Abatement Liens; collection procedures; foreclosures ................................ SB 182 Sewage On-Site Management Systems; DHR authorization; state-wide regulations; reduced trench length ............................................................................... SB 367 State Buildings/Facilities; roofing materials; energy efficiency standards .................. SB 137

3464

INDEX

Zoning Procedures; land adjacent military base, installation, or airport; Local Government Code Enforcement Boards Act................................................................ SB 261
BULLOCH COUNTY Bulloch County; chief magistrate; nonpartisan elections.............................................HB 848
BURKE COUNTY Designate; Burke (County) Veterans Parkway to honor military veterans .................. SR 184
BUSINESS ADMINISTRATION Hotels, Motels; excessive room rates during special sporting events .......................... SB 150 Payment Card Transactions; printed receipt; restrict information ...............................HB 213
BUSINESS AND OCCUPATION TAXES (Also see Revenue) Excise Taxes; hotel-motel tax; change definitions......................................................... SB 63 Excise Taxes; rental motor vehicles; change definitions ............................................... SB 60 Occupation Taxes; redefine gross receipts; exclude certain sales..................................HB 93
BUTTS COUNTY Butts County Board of Elections and Registration; create........................................... SB 206
C
CABLE TELEVISION SYSTEMS Cable Television Systems; customer service requirements; enforcement ................... SB 220
CALHOUN COUNTY Calhoun County; probate judge; nonpartisan elections................................................HB 926
CAMPAIGN AND FINANCIAL DISCLOSURE (Also see Ethics; Elections) Ethics in Government; amend provisions ....................................................................HB 771 Ethics in Government; Financial Disclosure Reform Act of 2003; enact........................ SB 3 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................. SB 109 Ethics; campaign contributions for judicial offices; prohibitions .................................. SB 72 Ethics; disposition of excess campaign contributions.................................................... SB 82 Ethics; use of campaign contributions; ordinary and necessary expenses ................... SB 338
CANDIDATES FOR PUBLIC OFFICE (Also see Elections; Public Officers) Ethics; disposition of excess campaign contributions.................................................... SB 82 Sheriff, Office of; nonpartisan elections ........................................................................ SB 26

INDEX

3465

CANTON, CITY OF Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120
CARROLL COUNTY Designate; Billy Jiles Memorial Highway; Carroll County ......................................... SR 293
CARTER, FORMER PRESIDENT, JIMMY; addressed Joint Session ...............P.age 1629
CARTERSVILLE, CITY OF Cartersville Building Authority Act; create ................................................................. SB 202 Cartersville Building Authority; create ........................................................................HB 694 Cartersville-Bartow County, Joint Regional Development Authority; tax exemption ..................................................................................................................... SB 308
CATOOSA COUNTY Catoosa County; board of education; reapportion........................................................HB 334 Catoosa County; board of elections and registration; amend provisions .....................HB 333
CHAPLAINS OF THE DAY Alderman, Reverend Lane........................................................................................Page 81 Appling, Reverend Jeff.............................................................................................Page 2403 Avant, Dr. John ........................................................................................................Page 204 Benefield, Pastor Jeff ...............................................................................................Page 1323 Blakeney, Pastor Shaun ............................................................................................Page 136 Bridgetty, Reverend Carl..........................................................................................Page 268 Cooper, Dr. David C. ...............................................................................................Page 1181 Custer, Dr. Jack ........................................................................................................Page 153 Fry, Dr. David M. ...................................................................................................Page 130 Galliaza, Father Tim................................................................................................Page 2029 Green, Reverend Dr. Lloyd ......................................................................................Page 59 Greene, Pastor Ronald ..............................................................................................Page 334 Haney, Reverend Calvin...........................................................................................Page 1919 Hill, Matthew............................................................................................................Page 1765 Huskins, Bishop David.............................................................................................Page 86 Jackson, Reverend Scott...........................................................................................Page 311 Joiner, Dr. Bobby .....................................................................................................Page 252 Kelly, Reverend Caroline .........................................................................................Page 163 Killian, Reverend A.R. ............................................................................................Page 419 Kimbrough, Reverend Dr. Walter L. .......................................................................Page 1796 Lanford, Dr. Rick .....................................................................................................Page 468 Martin, Reverend K. B. ...........................................................................................Page 823 McCall, Reverend Dr. Emmanuel ............................................................................Page 120 Moore, Reverend Clarence.......................................................................................Page 1380

3466

INDEX

Patton, Dr. Rudy .......................................................................................................Page 41 Powell, Reverend Arthur L .....................................................................................Page 1631 Rikard, Reverend Denver Craig ...............................................................................Page 190 Rogers, Dr. Bob........................................................................................................Page 1824 Rowland, Pastor Dexter............................................................................................Page 95 Samuel, Dr. Kenneth L. ...........................................................................................Page 361 Schroeder, Reverend Phil .........................................................................................Page 446 Self, Dr. William ......................................................................................................Page 110 Sherman, Reverend Scott .........................................................................................Page 1523 Silverman, Rabbi Ephraim .......................................................................................Page 993 Smith, Pastor John D. ..............................................................................................Page 180 Starr, Senator Terrell ................................................................................................Page 2694 Thompson, Reverend Mark ......................................................................................Page 501 Walton, Pastor Terry................................................................................................Page 763 Watson, Reverend Gil ..............................................................................................Page 2 Willis, Reverend Bill ................................................................................................Page 224
CHARITIES AND CHARITABLE SOLICITATIONS (Also see Nonprofit) License Plates; prestige/special; honoring Masons; revenue to charities .................... SB 279 Special License Plates Promoting Charitable Organizations, Foundations ................. SR 262 Telemarketing; solicitation to mobile or wireless subscribers; no call list ................. SB 272
CHATHAM COUNTY Designate; Earl T. Shinholster Interchange and Bridge .................................................. SR 6 Chatham County; hospital authority; board members................................................HB 1000 Chatham County; reimbursement for cost of collecting school taxes............................ SB 84 Chatham County; State Court of Chatham County; additional judge .............................. SB 9 Property Conveyances; authorized ............................................................................... SR 224 Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120
CHATTAHOOCHEE COUNTY Chattahoochee County; sheriff; vacancy......................................................................HB 959
CHECKS IN FINANCIAL TRANSACTIONS (Also see Banking and Commerce) Bad Checks; increase maximum service charge; mailing notices; payee liable........... SB 105 Banking and Finance; regulations; comprehensive revisions ........................................ SB 78 Check Cashing Businesses; licensure; change certain exemption ...............................HB 680 Deposit Account Fraud; increase the maximum service charge .................................. SB 104
CHEROKEE COUNTY Cherokee County; state court; technology fee..............................................................HB 862 Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120

INDEX

3467

CHILD ABUSE (Also see Minors; Crimes) Child Abuse Protocol; child fatality review committee; powers of panel ...................HB 479 Child Abuse Records; DHR; information to Office of School Readiness ................... SB 201 Child Abuse Records; prohibited disclosure when criminal action is pending............ SB 199 Children in Protective Services; conviction data relevant to adult contacts ................ SB 200 Sexually Violent Predators; prohibited within proximity of minors ............................ SB 101
CHILD CUSTODY (Also see Minors; Domestic Relations) Child Custody or Visitation Orders; notices; relocation, change of residence .............. SB 16 Child Custody; right of children; selection of custodial parent; certain ages .............. SB 326 Child Support/Custody Issues; deprived child; juvenile court jurisdiction.................... SB 80 Juvenile Proceedings; deprived children; order of disposition; time period ................ SB 148 Juvenile Proceedings; placement of child after termination order; options ................. SB 236
CHILDREN AND YOUTH ACT; CARE AND PROTECTION (Also see Minors) Child Abuse Records; DHR; information to Office of School Readiness ................... SB 201 Child Abuse Records; prohibited disclosure when criminal action is pending............ SB 199 Child Care Facilities; liability insurance coverage......................................................... SB 24 Day-Care Facilities; licensing; liability insurance required .........................................HB 433 Family/Children Services; establish separate department and agency......................... SB 241 Medicaid; managed care; medically necessary health care pilot program ................... SB 315 Persons Supervising Children; criminal background checks; National Crime Information Center .......................................................................................................HB 316
CHIROPRACTORS State Licensing Boards; reduce number of members...................................................HB 597 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133
CIGAR AND CIGARETTE TAXES Cigar and Cigarette Taxes; change tax definitions......................................................... SB 65 Cigar and Cigarette Taxes; loose or smokeless tobacco; impose excise tax................HB 379 Tobacco Product Manufacturers; certification; prohibit sale certain cigarettes...........HB 893
CIVIL PRACTICE (Also see Courts; Torts) 2003 Fairness in Arbitration Act; enact .........................................................................HB 91 Banking and Finance; civil practice, state government, torts; civil actions .................HB 792 Civil Actions; attorney's fees/expenses of litigation; awarded to prevailing party; clarify unjustified claims or positions ................................................................ SB 335 Civil Actions; class actions; comprehensive revisions................................................. SB 217 Civil Actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction .................................................................................................... SB 337 Civil Practice; Frivolous Litigation Prevention Act..................................................... SB 225

3468

INDEX

Courts Technology Advisory Board and Council; successor to Georgia Courts Automation Commission .................................................................................. SB 306 Environmental Policy; regulatory decisions; publication requirements....................... SB 172 Georgia Database Protection and Economic Development Act of 2003 ....................... SB 38 Judicial Sales Later Rescinded; limitation of damages ................................................HB 301 Payday Lending; deferred presentment or advance cash services; regulate................. SB 157 Tax Executions; prohibit sales .......................................................................................HB 88 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Torts; transfer of structured settlement payment rights; court filings; notice of cancellation rights .................................................................................................... SB 174
CLARKE COUNTY Athens-Clarke County Industrial Development Authority; membership.....................HB 323 Athens-Clarke County; certain officers; nonpartisan elections....................................HB 922 Eldridge, Doc; Mayor, Athens-Clarke County; commend ............................................. SR 77 Ford, Linda; outstanding public service; commend ....................................................... SR 78 Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120 Sheats, Alvin; outstanding public service; commend .................................................... SR 79
CLAY COUNTY Clay County; homestead exemption; certain residents.................................................HB 669 Clay County; probate judge; nonpartisan elections......................................................HB 781
CLAYTON COUNTY Clayton County Board of Elections and Registration; create....................................... SB 360 Clayton County Commission on Children and Youth; establish..................................HB 832 Clayton County PRIDE Team; commend ...................................................................... SR 86 Clayton County; board of education; vacancies........................................................... SB 374 Clayton Judicial Circuit; judges; allocation of duties ..................................................HB 167 MARTA; board of director; selected voting member of metro regional development center....................................................................................................... SB 384
CLAYTON JUDICIAL CIRCUIT Clayton Judicial Circuit; judges; allocation of duties ..................................................HB 167
CLINICAL LABORATORIES Community Living or Drug Abuse Treatment Facilities; licensure; violations ........... SB 264
COBB COUNTY Cobb County; board of commissioners; chairperson; compensation ........................... SB 245 Cobb County; board of commissioners; compensation................................................HB 909 Cobb County; chief magistrate; compensation.............................................................HB 602

INDEX

3469

Cobb County; Commission on Children and Youth; re-create .................................... SB 222 Cobb County; commissioner districts; reapportion......................................................HB 837 Cobb County; education districts; reapportion.............................................................HB 702 Cobb County; expenditures; repeal certain referendum provision...............................HB 646 Cobb County; Gateway Regional Information Center, Inc.; create ............................. SB 385 Cobb County; probate court clerk; compensation ........................................................HB 982 Cobb County; sheriff's employees; compensation .......................................................HB 691 Cobb County; state court clerk and chief deputy; compensation .................................HB 690 Cobb County; state court judges and associate judges; compensation.........................HB 375 Cobb County; state court solicitor-general and assistants; compensation....................HB 370 Cobb County; tax commissioner; employees' compensation .......................................HB 659 Cobb County Superior Court; deputy clerk; compensation.......................................... SB 208 Cobb Judicial Circuit; judges; supplement...................................................................HB 698 Gateway Regional Information Center, Inc.; Cobb County public rest stops ..............HB 916 MARTA; board of director; selected voting member of metro regional development center....................................................................................................... SB 384
COBB JUDICIAL CIRCUIT Cobb Judicial Circuit; judges; supplement...................................................................HB 698
CODE OF GEORGIA Code of Georgia; corrections .......................................................................................HB 104 Elections Code; corrections..........................................................................................HB 105 OCGA; Conform References to House and Senate Committee Names.......................HB 846 Retirement and Pensions Code; corrections.................................................................HB 103
COFFEE COUNTY Public Property; conveyances....................................................................................... SR 121
COIN OPERATED AMUSEMENT MACHINES Coin Operated Amusement Machines; change definitions ............................................ SB 64
COLLEGES College Athletic Recruitment Rules; certain violations; cause of action.......................HB 95 College Students; vaccination against meningococcal meningitis.............................. SB 266 Colleges; meningococcal meningitis; vaccinations......................................................HB 521 HOPE Scholarships; private colleges; certain part-time eligibility..............................HB 341 HOPE Scholarships; summer school; remove restrictions; provide limitation on total number of semester/quarter hours ................................................................... SB 244 Improvement of the HOPE Scholarship Joint Study Commission; create ................... SR 220 Teachers Retirement; University System employees; optional plan ............................ SB 253 University System Employees; doing business with state; exception .......................... SB 255

3470

INDEX

COLQUITT COUNTY Colquitt County; chief magistrate; nonpartisan elections ............................................HB 998 Colquitt County; probate court judge; nonpartisan nomination/election ..................... SB 364 Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120
COLQUITT, CITY OF Colquitt, City of; vacancies and city manager..............................................................HB 419
COLUMBIA COUNTY Columbia County; coroner; compensation...................................................................HB 919 Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328
COLUMBUS, CITY OF Columbus County-Wide Government; probate court judge; compensation ................HB 649 Columbus Municipal Court; judge, clerk, marshal; compensation ..............................HB 265
COMMEMORATIVE RESOLUTIONS AND DESIGNATIONS (Also see Highways) Designate; Albert Shelton Swindell Memorial Highway.............................................HR 131 Designate; Billy Jiles Memorial Highway; Carroll County ......................................... SR 293 Designate; Byrd M. Bruce Interchange; Jefferson ......................................................... SR 90 Designate; Charles F. Hatcher Highway ......................................................................HR 212 Designate; Charles F. Hatcher Highway; Baker County.............................................. SR 229 Designate; Dan J. DeLoach Highway; Echols County................................................... SR 69 Designate; Dean Bryant Intersection............................................................................HR 146 Designate; Dean Bryant Intersection; Lumpkin County ................................................ SR 23 Designate; Dixie Highway Auto Trail; NW Georgia and north metro roads............... SR 171 Designate; Earl Paulk Parkway; DeKalb County........................................................... SR 38 Designate; Earl T. Shinholster Interchange and Bridge ................................................... SR 6 Designate; Gamaliel Hilson Memorial Overpass.........................................................HR 406 Designate; Harold Mann Memorial Interchange............................................................HR 81 Designate; Jack Connell Parkway ................................................................................HR 104 Designate; Jim Gillis-Historic Savannah Parkway.........................................................HR 88 Designate; John D. Smith Highway; Paulding County ................................................ SR 301 Designate; Judge Jim Weeks Intersection ....................................................................HR 591 Designate; Keith Kalland Connector............................................................................HR 132 Designate; Lt. Col. Doyce Ariail Highway ..................................................................HR 128 Designate; Michael B. Mundy Memorial Bridge; Pickens County.............................. SR 299 Designate; Robert Henry Jordan Memorial Highway ....................................................HR 25 Designate; Robert Ray Parkway...................................................................................HR 257 Designate; Rod Smith Memorial Garden; in median of Jesse Jewell Parkway ...........HR 175 Designate; Shelton Isaiah DeLoach Memorial Bridge.................................................HR 129 Designate; Sheriff-Elect Derwin Brown Memorial Bridge..........................................HR 106 Designate; Sonny Dixon Interchange...........................................................................HR 213

INDEX

3471

Designate; Sonny Kemp Intersection; Hall County .......................................................HR 28 Designate; Staff Sgt. Avely W. Runnels Memorial Highway......................................HR 107 Designate; The Mighty Eighth Air Force Heritage Museum; Funk Heritage/Bennett Center at Reinhardt College............................................................... SB 33 Designate; Thelma 'T-Lady' Ross Bridge; Bibb County ................................................ SR 67 Designate; transportation facilities; Jasper; Meriwether; Peach Counties ................... SR 150 Designate; Veterans Memorial Highway; Banks County veterans; commend ..............HR 90 Designate; William Ira (W.I.) Still, Jr. Highway; Gwinnett County.............................. SR 60 Designate; William S. Hutchings Bridge; Bibb County................................................. SR 66
COMMERCE AND TRADE (Also see Professions and Businesses) Agriculture; Georgia Dairy Act violations; penalty provisions ..................................... SB 14 Alcoholic Beverages; defective products exchange or return; samples ....................... SB 352 Alcoholic Beverages; Sunday package sales................................................................ SB 300 Bad Checks; increase maximum service charge; mailing notices; payee liable........... SB 105 Banking and Finance; regulations; comprehensive revisions ........................................ SB 78 Business Corporations; mergers or share exchange; shareholders' rights.................... SB 211 China; "The Georgia China Future"; public-private initiative to increase trade .............................................................................................................................. SR 225 Cigar and Cigarette Taxes; change tax definitions......................................................... SB 65 Coin Operated Amusement Machines; change definitions ........................................... SB 64 Deposit Account Fraud; increase the maximum service charge .................................. SB 104 Drivers' Licenses/Auto Insurance; forms of ID for noncitizens from FTAA member countries ......................................................................................................... SB 181 Electrical Sign Contracting; licensure of contractors................................................... SB 341 Excise Taxes; hotel-motel tax; change definitions......................................................... SB 63 Excise Taxes; rental motor vehicles; change definitions ............................................... SB 60 Fair Business Practices; certain motor vehicle sales; spot delivery ...............................HB 94 Fair Lending Act; Department of Banking and Finance, authority to regulate.............. SB 28 Fireworks, Pyrotechnics; public displays; audience; site permits, licensure................ SB 213 Fireworks; sale of sparklers to persons under 16 years; prohibitions .......................... SB 131 Free Trade Area of the Americas (FTAA); Secretariat; urge locate in Atlanta ........... SR 414 Hotels, Motels; excessive room rates during special sporting events .......................... SB 150 Identity Fraud; violations; law enforcement investigations; victims damages ............ SB 349 Illegal Drug Trafficking; anhydrous ammonia, methamphetamine, amphetamine; increase criminal penalty ...................................................................... SB 205 Income Tax Credit; certain headquarters; creation of full-time jobs ...........................HB 492 Income Taxes; jobs tax credits; designation of counties as less developed areas; business closings in areas comprising military bases .......................................... SB 11 Minority Business Enterprises; certification procedure defined in federal law ........... SB 115 Motor Vehicle Franchises; warranty reimbursement agreements; enforce..................HB 581 Natural Gas Competition and Deregulation Act; amend provisions.............................. SB 34 Natural Gas Rates; surcharge on interruptibles; minimum amount ............................... SB 32

3472

INDEX

Patient Safe Prescription Drug Act; regulate electronically transmitted data; patient's choice of retail pharmacy ............................................................................... SB 179 Payday Lending; deferred presentment or advance cash services; regulate................. SB 157 Payment Card Transactions; printed receipt; restrict information ...............................HB 213 Property; abandoned motor vehicles; removal/storage of commercial vehicle request of property owner; regulations......................................................................... SB 121 Public Accommodation; prohibit discrimination against motorcyclists......................... SB 74 Public Accommodations; not exclude motorcyclist from access or admission............ SB 139 Public School Systems; contracts and bid price regulations; electronically ................ SB 294 Real Estate Transfer Tax; exemptions; certain instruments, deeds or writings; corporations, partnerships and certain trustees .............................................................. SB 97 Retail Installment Contracts and Revolving Accounts; fees ........................................HB 517 Sales Tax; applicable to commerce and trade; definitions ............................................. SB 62 Sales Tax; certain carpet samples; fair market value ...................................................HB 189 Sales Tax; dealers' returns; retail sales tax data by location of sale ............................. SB 107 Savannah River; Joint Port Authority Study Committee; proposed operation on both north and south sides of river .......................................................................... SR 271 Superior Court Clerks' Cooperative Authority; filing fees; real estate and personal property.......................................................................................................... SB 195 Tax Executions; levies upon goods, chattel, lands, tenements of taxpayer.................... SB 68 Tire Scrap Disposal/Storage; county/municipality enforce ordinance ......................... SB 348 Tobacco Product Manufacturers; certification; prohibit sale certain cigarettes...........HB 893 Watercraft; vessel classification; required equipment; reportable accidents ............... SB 134 Winecoff Hotel, Joint Study Committee on the Rehabilitation of; create.................... SR 303 World Congress Center Overview Committee; additional members ...........................HB 225
COMMERCE, CITY OF Commerce, City of; council and school districts; reapportion .....................................HB 947
COMMERCIAL CODE Identity Fraud; violations; law enforcement investigations; victims damages ............ SB 349 Superior Court Clerks' Cooperative Authority; filing fees; real estate and personal property.......................................................................................................... SB 195
COMMISSIONS Blue Ribbon Commission on Response, Investigation, Prosecution of Sexual Assault Offenses............................................................................................................. SR 35 Elections; direct recording electronic voting systems; amend provisions....................HB 427 Electrical Sign Contracting; licensure of contractors................................................... SB 341 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 Ethics; campaign contribution disclosure reports; filing functions; transfer to State Ethics Commission.............................................................................................. SB 144

INDEX

3473

Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; revisions........................................................ SB 108 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Georgia Emergency Medical Services Medical Directors Advisory Council................ SB 81 Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions ........................................................................................HB 551 Improvement of the HOPE Scholarship Joint Study Commission; create ................... SR 220 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 International Affairs Coordinating Council; create......................................................HB 324 Occupational Regulation Legislative Review; amend provisions................................HB 628 Pardons/Paroles Board; nonindigent adult offenders; application fee; transfer to another state; authorization ........................................................................................ SB 47 Public Authorities; Music Hall of Fame, Sports Hall of Fame; employees; members; contracts; change provisions.......................................................................... SB 88 Sandy Springs Study Commission; creating ................................................................ SR 323 Savannah River; urge bilateral port commission; GA/SC compact ............................. SR 240 State Employees' Health Insurance; agricultural commodity commission staff ..........HB 147 State Government Cost Control, Senate Commission; Senate Private Sector Advisory Committee; establishing ............................................................................... SR 273 Water Resources; farm uses; water-measuring device.................................................HB 579 Water Resources; state-wide water management plan .................................................HB 237
COMMITTEES (Also see Commissions) Children and Youth Welfare Services, Improvement Plans; study committee ............ SR 281 Educational Testing, Study Committee on; create ....................................................... SR 146 Electric Transmission Lines, Joint Study Committee on Location of; create .............. SR 308 Electric Transmission Lines, Study Committee; create ............................................... SR 431 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Georgia's Transportation Needs, Study Committee; create.......................................... SR 422 Hospital Indigent Care Funding Study Committee; create........................................... SR 416 Improvement of the HOPE Scholarship Joint Study Commission; create ................... SR 220 Indemnification of Emergency Personnel, Joint Study Committee; create.................. SR 212 Joint MARTA Finance Study Committee; create ........................................................HR 397 Medicaid; Study Committee; create ............................................................................. SR 461 Music Industry Committee; interim study committee; citizens' advisory council; create ................................................................................................................ SR 53

3474

INDEX

Prescription Drugs for Seniors, Joint Study Committee; create..................................... SR 55 Preservation of Evidence From Criminal Cases, Study Committee, creating.............. SR 321 Property and Casualty Insurance Rates, Filing and Approval Process; Committee to Study...................................................................................................... SR 445 Savannah River; Joint Port Authority Study Committee; proposed operation on both north and south sides of river .......................................................................... SR 271 Science, Arts, and Cultural Services, Funding of; Study Committee; create............... SR 325 State Retirement Plan Options; Joint Study Committee; create ................................... SR 107 Subsequent Injury Trust Fund Joint Study Committee; create.....................................HR 263 Teleworking Study Commission; create ...................................................................... SR 447 Toxic Mold Study Committee; creating ......................................................................... SR 22 Unemployment Insurance Trust Fund; Joint Study Committee; create........................ SR 234 Watershed Dams; committee to study safety issues..................................................... SR 442 Winecoff Hotel, Joint Study Committee on the Rehabilitation of; create.................... SR 303 World Congress Center Overview Committee; additional members ...........................HB 225
COMMITTEES, SENATE STANDING Administrative Affairs: appointment of members.....................................................Page 96 Banking and Financial Institutions: Cagle; appointment as ex-officio .....................Page 349 Banking and Financial Institutions; Starr; appointment as ex-officio.......................Page 172 Ethics; Johnson; appointment as ex-officio...............................................................Page 171 Interstate Cooperation; Balfour; appointment as ex-officio......................................Page 456 Interstate Cooperation: Clay; appointment as Chairman..........................................Page 171 Interstate Cooperation; Harbison; resignation as Chairman......................................Page 68 Interstate Cooperation; Jackson; appointment as Secretary ......................................Page 350 Interstate Cooperation; Seabaugh; appointment as ex-officio ..................................Page 456 Interstate Cooperation; Smith; resignation................................................................Page 350 Interstate Cooperation; Williams; appointment as ex-officio ...................................Page 456 Science and Technology; Hooks; resigned................................................................Page 435 Science and Technology; Zamarripa; appointment ...................................................Page 435 Special Judiciary; Hooks; appointment .....................................................................Page 435 Special Judiciary; Zamarripa; resigned .....................................................................Page 435 Standing Committees; appointments of members .....................................................Page 60
COMMUNITY AFFAIRS, DEPARTMENT OF Local Government; service delivery; coordinated/comprehensive planning ................. SB 35 Public Authorities; Music Hall of Fame, Sports Hall of Fame; employees; members; contracts; change provisions.......................................................................... SB 88 Regional Development Center Boundaries; ratify changes .........................................HR 266
COMMUNITY HEALTH, DEPARTMENT OF Children's Vision Improvement/Learning Readiness Act; eye exams for children entering first grade ......................................................................................... SB 242

INDEX

3475

Family/Children Services; establish separate department and agency......................... SB 241 Georgia Seniors Prescription Drug Benefit Program Act; establish ............................ SB 112 Hospital Indigent Care Funding Study Committee; create........................................... SR 416 Long-Term Care Services; in-home and community based care; consumer choice and control; Independence Plus Act ................................................................. SB 170 Medicaid; managed care; medically necessary health care pilot program ................... SB 315
COMPACTS Savannah River; urge bilateral port commission; GA/SC compact ............................. SR 240
COMPENSATION OF STATE OFFICIALS Indigent Defense Act; circuit public defenders; mental health advocacy....................HB 770 State Deferred Compensation Plans; contributions; employers, employees ................ SB 155
COMPENSATION RESOLUTIONS Blackstock, Ms. Mavis; compensate ..............................................................................HR 92
CONDOLENCES, ETC. Lynch, Paul D.; condolences ........................................................................................HR 692
CONSERVATION AND NATURAL RESOURCES Ad Valorem Tax; bona fide conservation use property; riverside or streamside land; local sales taxes; prohibition; exception............................................HB 290 Ad Valorem Tax; preferential assessment; environmentally contaminated (brownfield) property ...................................................................................................HB 531 Archeological, Aboriginal, Prehistoric, or Historic Sites; disturbing ............................HB 26 Archeologists; certain submerged artifacts; exemption against disturbing.................. SB 140 Coastal Management; continuation of provisions ........................................................HB 157 Coastal Marshlands Protection Act; exemption; private docks; residence .................... SB 94 Coastal Marshlands; protection provisions; exempt certain property ..........................HB 178 Constructed Storm-Water Wetlands; preferential assessment; ad valorem tax............HB 413 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359 Employee's Retirement; benefits for certain law enforcement officers, troopers and GBI agents; age 55 or 25 years................................................................ SB 152 Employees' Retirement; law enforcement personnel; enhanced benefits.................... SB 212 Environmental Policy; regulatory decisions; publication requirements....................... SB 172 Greenhouse Gas Emissions; Carbon Sequestration Registry Act ................................ SB 356 Greenspace Trust Fund; interest; expenditure provisions ............................................HB 314 Greenspace Trust Fund; taxpayer voluntary income tax contributions........................ SB 247 Highways; use of emergency lanes; transit buses; metro Atlanta area......................... SB 256 Lake Lanier Islands Development Authority; allocation of certain funds ...................HB 519 Local Government; transfer of development rights; sending property; revise............... SB 86

3476

INDEX

OCGA; Conform References to House and Senate Committee Names.......................HB 846 Oconee River Greenway Authority; amend provisions................................................HB 596 Property; historic grants funding; combat veterans' gravesites .................................... SB 291 Public Authorities; Music Hall of Fame, Sports Hall of Fame; employees; members; contracts; change provisions.......................................................................... SB 88 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 Septic Tank Waste; disposal sites; handling facilities ................................................. SB 176 Sewage On-Site Management Systems; DHR authorization; state-wide regulations; reduced trench length ............................................................................... SB 367 Soil Erosion and Sedimentation; amend; Stakeholder Advisory Board.......................HB 285 Soil Erosion and Sedimentation; ordinances related to land-disturbing activities; planning and zoning commission ................................................................HB 509 Soil Erosion Control; exemption; public roadway drainage structures........................ SB 122 Soil Investigation; soil classifiers for on-site sewage management sites; standards, qualifications ............................................................................................... SB 129 State Licensing Boards; reduce number of members...................................................HB 597 Timber Harvesting Operations; local regulatory authority........................................... SB 207 Tire Scrap Disposal/Storage; county/municipality enforce ordinance ......................... SB 348 Water Reservoirs; locally funded; state compensation to control, condemn ............... SB 246 Water Resources; comprehensive state water planning to control pollution and surface-water use; ground-water permits; river basin plans.................................. SB 180 Water Resources; farm uses; water-measuring device.................................................HB 579 Water Resources; state-wide water management plan .................................................HB 237 Water Well Contractors; licensing; amend provisions.................................................HB 304
CONSTITUTIONAL AMENDMENTS Ad Valorem Tax Millage Rate Increase; require voter approval .................................HR 171 Ad Valorem Taxes; freeze existing residential property values until sold; appraise at fair market value ........................................................................................ SR 311 Emergency Management Employees and 911 Operators and Dispatchers; indemnification............................................................................................................. SR 213 House of Representatives; reapportionment; election from single-member districts ......................................................................................................................... SR 108 Limitation on State Taxation, Spending, and New or Expanded Activities; revenue limits; excess revenues; emergencies ............................................................. SR 163 Probate Court Judges; nonpartisan election ................................................................. SR 277 Sales Tax on Motor Fuel; proceeds for local assistance road programs ...................... SR 159 Special License Plates Promoting Charitable Organizations, Foundations ................. SR 262 Statewide Homestead Exemption Grants; mandated appropriation.............................. SR 36 Supreme Court; jurisdiction; certain questions of law ...................................................HR 68 Taxation; legislation for any state tax; approval by General Assembly......................... SR 12

INDEX

3477

Use of Public Money for Public Health/Social Services by Religious or Sectarian Organizations.................................................................................................... SR 1 Taxpayers' Dividend Act; amendments that increase appropriations........................... SR 160
CONSTITUTIONAL AMENDMENTS, LOCAL Fulton County; authorization to operate certain recreational programs; repeal ........... SB 196 Fulton County; recreational programs in cities contributing to cost; repeal ................ SB 197 Perry Industrial Building Authority; repeal constitutional amendment .......................HB 960
CONSUMER AFFAIRS Check Cashing Businesses; licensure; change certain exemption ...............................HB 680 Cosmetic Dental Coverings; urge removal of unlicensed providers............................HR 228 Fair Business Practices; certain motor vehicle sales; spot delivery ...............................HB 94 Health Insurance Identification Cards; not showing social security number ...............HB 721 Insurance Underwriting or Rating; credit and credit scoring; provisions ....................HB 215 Payment Card Transactions; printed receipt; restrict information ...............................HB 213 Retail Installment Contracts and Revolving Accounts; fees ........................................HB 517 Tattooing Near the Eye; prohibition; expand exception ..............................................HB 183
CONTRACTORS Electrical Sign Contracting; licensure of contractors................................................... SB 341 Tax Penalties; false claims of independent contractor status ...................................... SB 106
CONTRACTS Bad Checks; increase maximum service charge; mailing notices; payee liable........... SB 105 Condominiums; sale contract; disclosure; maintenance or repair requests.................... SB 15 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................. SB 109 Local Government or Board of Education; contracts; bid opportunity advertisements; Georgia Procurement Registry ........................................................... SB 342 Local Government; internet request for proposals, notice of a pre-bid conference; contract/bid requirements ......................................................................... SB 365 Public School Systems; contracts and bid price regulations; electronically ................ SB 294 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 State Road and Tollway Authority; public-private initiative proposals ....................... SB 257 Teachers; rights in demotion and nonrenewal of contracts............................................ SB 19
CONTROLLED SUBSTANCES (Also see Drugs; Pharmacies; Crimes) Controlled Substances and Dangerous Drugs; amend list; certain over-thecounter exemption; prescription drug orders................................................................HB 261 Drug Trafficking Prevention Act; penalties ................................................................. SB 284 DUI Alcohol/Drugs; new offense of refusal to submit chemical testing ....................... SB 13

3478

INDEX

DUI; prohibitions, punishment; revise and harmonize provisions................................. SB 75 Health Access Improvement Act; advanced practice registered nurse; regulations .................................................................................................................... SB 376 Illegal Drug Trafficking; anhydrous ammonia, methamphetamine, amphetamine; increase criminal penalty ...................................................................... SB 205 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 Internet/Computer Safety Act; offenses of internet contact with a child ..................... SB 103 Marijuana; reduce quantity for trafficking prosecution ...............................................HB 196 Nuisance Abatement Liens; collection procedures; foreclosures ................................ SB 182 Nurses, Advanced Practice Registered; prescriptive authority ...................................... SB 36 Property Involved with Illegal Drug Activities; enhanced penalties ........................... SB 324
COOK COUNTY Cook County; board of commissioners; transition terms of office .............................. SB 389
CORONERS (Also see Public Officers) Death Investigations; patients receiving compensated care in facilities licensed by DHR ......................................................................................................... SB 111 Death Investigations; persons receiving "compensated care"; notification ................. SB 285 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 GBI Forensic Sciences Division; regional medical examiner; definition .................... SB 214 Nurses, Advanced Practice Registered; prescriptive authority ...................................... SB 36
CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS (Also see Nonprofit) Business Corporations; mergers or share exchange; shareholders' rights.................... SB 211 Corporations; reservation of names and filing fees; change provisions....................... SB 132 Employment Security Law; unemployment compensation; excluded services............ SB 160 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 Fireworks, Pyrotechnics; public displays; audience; site permits, licensure................ SB 213 Income Taxes; change certain definitions ...................................................................... SB 66 Life Insurance; insurable interest on employee by corporation; consent of insured .......................................................................................................................... SB 156 Occupation Taxes; redefine gross receipts; exclude certain sales..................................HB 93 Real Estate Transfer Tax; exemptions; certain instruments, deeds or writings; corporations, partnerships and certain trustees .............................................................. SB 97
CORRECTIONS, BOARD AND DEPARTMENT OF (Also see Penal Institutions; Pardon and Paroles; Probation) Employees' Retirement; law enforcement personnel; enhanced benefits.................... SB 212 Ethics; reforms; campaign contributions; activities on behalf of inmates ..................... SB 31

INDEX

3479

Pardons/Paroles Board; nonindigent adult offenders; application fee; transfer to another state; authorization ........................................................................................ SB 47 Probation System; confidential records; commissioner may declassify.......................HB 339
COSMETOLOGISTS Cosmetology and Barber's Day in Georgia; commend .................................................. SR 76 Cosmetology and Barber's Day; commend .................................................................... SR 97 State Licensing Boards; reduce number of members...................................................HB 597
COUNTIES, MUNICIPALITIES (Also see Local Government) Ad Valorem Tax Millage Rate Increase; require voter approval .................................HR 171 Alcoholic Beverages; consumption on premises; local authorization..........................HB 493 Building Permits Through Certain Electronic Media; application; payments ............... SB 39 Child Abuse Protocol; child fatality review committee; powers of panel ..................HB 479 Correctional Institutions; housing certain inmates; reimbursement.............................HB 614 County and Municipal Hospital Authorities; financial aid; critical shortages .............HB 372 County and State Ordinances; violation; increase penalty ...........................................HB 226 County Jails; full-time dispatcher as full-time jailer under certain conditions ............ SB 296 County Law Libraries; board of trustees; DA membership; funds ................................ SB 83 Election Superintendent; office to remain open until ballots are counted ...................HB 114 Election; qualifying fees; county officials; calculation................................................ SB 153 Elections; direct recording electronic voting systems; amend provisions....................HB 427 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Fraud, Waste, Abuse in State Operations; whistle blower; prohibit retaliation ...........HB 708 Greenspace Trust Fund; interest; expenditure provisions ............................................HB 314 Greenspace Trust Fund; taxpayer voluntary income tax contributions........................ SB 247 Hospital Care for Nonresident Indigents; reimbursement by counties; funds ............. SB 171 Income Tax Credit; certain headquarters; creation of full-time jobs ...........................HB 492 Income Taxes; jobs tax credits; designation of counties as less developed areas; business closings in areas comprising military bases .......................................... SB 11 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 Jail Booking Fees; jail and pretrial detention facility; imposition, collection in traffic court............................................................................................................... SB 269 Joint County and Municipal Sales Tax; 2% levy; consolidated governments .............HB 287 Joint Development Authorities; county of this state and contiguous county of adjoining state; sports facility or amphitheater ............................................................HB 309 Juvenile Proceedings; placement of child after termination order; options ................. SB 236 Limitation on State Taxation, Spending, and New or Expanded Activities; revenue limits; excess revenues; emergencies ............................................................. SR 163 Local Government Budgets and Audits; grant certification; amend provisions ..........HB 561

3480

INDEX

Local Government or Board of Education; contracts; bid opportunity advertisements; Georgia Procurement Registry ........................................................... SB 342 Local Government; service delivery; coordinated/comprehensive planning ................. SB 35 Local Government; transfer of development rights; sending property; revise............... SB 86 Local Governments; financial transactions; annual audits...........................................HB 666 Local Sales Taxes; limitation; certain exclusions ........................................................HB 709 Municipal Charter Commissions; provide for the creation ............................................ SB 43 Nuisance Abatement Liens; collection procedures; foreclosures ................................ SB 182 Peace Officers' Benefit Fund; membership; county jail officers.................................. SB 189 Peace Officers; training expenses; reimbursement by hiring agency........................... SB 215 Perpetrators of Felonies; local government rewards; remove limitation .....................HB 359 Property Tax Sales; change certain provisions............................................................... SB 57 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 Regional Development Center Boundaries; ratify changes .........................................HR 266 Revenue Bond Law; 'undertaking'; gas generation systems; remove referendum requirement; War on Terrorism Local Assistance Act ............................... SB 87 Sales Tax; dealers' returns; retail sales tax data by location of sale ............................. SB 107 Sales Tax; educational purposes; local boards; performance audit..............................HB 346 Septic Tank Waste; disposal sites; handling facilities ................................................. SB 176 Sheriffs Engaging in Certain Businesses; violation of oath of office ..........................HB 415 Soil Erosion and Sedimentation; ordinances related to land-disturbing activities; planning and zoning commission ................................................................HB 509 Soil Investigation; soil classifiers for on-site sewage management sites; standards, qualifications ............................................................................................... SB 129 Timber Harvesting Operations; local regulatory authority........................................... SB 207 Tire Scrap Disposal/Storage; county/municipality enforce ordinance ......................... SB 348 War on Terrorism Local Assistance Act; enact............................................................HB 595 Zoning Procedures; land adjacent military base, installation, or airport; Local Government Code Enforcement Boards Act................................................................ SB 261
COURTS (Also see Judicial Circuits) Abortion; proper identification to physician; minor's parent or guardian .................... SB 240 Adoptions/Child-Placing Agencies; records access; birth records; practices ................ SB 55 Adoptions; access to vital records; placement of child following order terminating parental rights; original birth certificates.................................................. SB 192 Appeals in Death Penalty Cases; new trial; request DNA testing and analysis ........... SB 119 Banking and Finance; civil practice, state government, torts; civil actions .................HB 792 Chatham County; State Court of Chatham County; additional judge .............................. SB 9 Child Custody or Visitation Orders; notices; relocation, change of residence .............. SB 16 Child Support/Custody Issues; deprived child; juvenile court jurisdiction.................... SB 80 Civil Actions; attorney's fees/expenses of litigation; awarded to prevailing party; clarify unjustified claims or positions ................................................................ SB 335

INDEX

3481

Civil Actions; class actions; comprehensive revisions................................................. SB 217 Civil Actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction .................................................................................................... SB 337 Civil Practice; Frivolous Litigation Prevention Act..................................................... SB 225 Clayton Judicial Circuit; judges; allocation of duties ..................................................HB 167 County and State Ordinances; violation; increase penalty ...........................................HB 226 County Law Libraries; board of trustees; DA membership; funds ................................ SB 83 Courts Technology Advisory Board and Council; successor to Georgia Courts Automation Commission .................................................................................. SB 306 Criminal Procedure; concurrent grand juries, pretrial motions, discovery, witnesses, demands for trial, continuance, bail, and oral reports.................................HB 414 Criminal Procedure; demand for trial; time expiration; appeals .................................... SB 45 Criminal Prosecution for Offenses Against Minor Children; pleas ............................... SB 21 Divorce; grounds; extend time frame; effect of legal separation on children.............. SB 298 Domestic Relations; temporary protective orders; duration.........................................HB 722 Driver Licenses; court conviction reports; transmittal fees ......................................... SB 229 Employees' Retirement; secretaries of appellate/superior court judges, DAs ............... SB 98 Estrada, Miquel A.; urge his confirmation as judge on U.S. Court of Appeals ........... SR 265 Ethics; campaign contributions for judicial offices; prohibitions .................................. SB 72 Family Violence and Stalking Protective Order Registry; updating certain information; sheriff's duties.......................................................................................... SB 123 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Fireworks, Pyrotechnics; public displays; audience; site permits, licensure................ SB 213 Georgia v. Ashcroft Redistricting Case; support of the Governor; urging the Attorney General to dismiss the appeal.......................................................................... SR 85 Guardian Ad Litem; court appointed; limit liability....................................................... SB 44 Gwinnett Judicial Circuit; new judgeship; term beginning 1/1/04............................... SB 234 Gwinnett Judicial Circuit; new judgeship; term beginning 7/1/03............................... SB 235 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 Indigent Defense Act; circuit public defenders; mental health advocacy....................HB 770 Internet/Computer Safety Act; offenses of internet contact with a child ..................... SB 103 Jail Booking Fees; jail and pretrial detention facility; imposition, collection in traffic court............................................................................................................... SB 269 Juvenile Court Judges; compensation from state funds; adjustment............................HB 502 Juvenile Proceedings; delinquent acts; discovery and inspection; disclosure of evidence and reciprocal discovery; witnesses.......................................................... SB 116 Juvenile Proceedings; deprived children; order of disposition; time period ................ SB 148 Juvenile Proceedings; disposition and evidence against child in civil action ................ SB 48 Juvenile Proceedings; placement of child after termination order; options ................. SB 236 Juvenile Proceedings; redefine child; include status offender .....................................HB 470 Life Without Parole; imposed in certain cases under certain circumstances ............... SB 149

3482

INDEX

Municipal Courts; collection of delinquent fines, costs; enforcement......................... SB 163 Peace Officer/Prosecutor Training Fund; accounting of all deposits............................. SB 46 Probate Court Judges; nonpartisan election ................................................................. SR 277 Protection of the Victims of Domestic Violence Act; change the duration of temporary protective orders.......................................................................................... SB 293 Public Records Inspection; written requests; certain information redacted .................HB 246 Sheriff, Office of; nonpartisan elections ........................................................................ SB 26 Sheriffs Engaging in Certain Businesses; violation of oath of office ..........................HB 415 Sheriffs; unlawful to engage in private security, private investigation or bail bond businesses; violation of oath of office................................................................. SB 117 State Bar Applicants; fingerprints to GBI and FBI for criminal records check.............HB 90 Superior Court Clerks' Cooperative Authority; filing fees; real estate and personal property.......................................................................................................... SB 195 Superior Court Fees; interpreters; temporary protective order hearings ......................HB 255 Supreme Court; answer question of law from district court ........................................HB 164 Supreme Court; jurisdiction; certain questions of law ...................................................HR 68 Torts; transfer of structured settlement payment rights; court filings; notice of cancellation rights .................................................................................................... SB 174 Trial Juries; size of panels; jury selection; number of peremptory strikes.................... SB 27 Vital Records; birth certificate in legitimations, paternity, adoptions ......................... SB 263
COVINGTON Covington, City of; corporate limits.............................................................................HB 991
COWETA COUNTY Coweta County; board of elections; provisions ...........................................................HB 927
COX, CATHY, SECRETARY OF STATE; Election certification ............................Page 6
CREDIT CARDS AND CREDIT CARD BANKS Banking and Finance; regulations; comprehensive revisions ........................................ SB 78 Payday Lending; deferred presentment or advance cash services; regulate................. SB 157
CREDIT UNION DEPOSIT INSURANCE CORPORATION Banking and Finance; regulations; comprehensive revisions ........................................ SB 78
CRIMES AGAINST THE PERSON (Also see Victims of Crime) Assault; person with HIV/hepatitis endangering peace/correction officers................... SB 20 Cruelty to Children; crime of endangerment; sexual abuse; prosecution....................... SB 10 Cruelty to Children; endangering child in second degree; criminal negligence .............. SB 1 Street Gangs; graffiti; violent acts; weapons possession; prohibitions ........................ SB 309

INDEX

3483

CRIMES AND OFFENSES (CRIMINAL CODE) Abandoned Child Protection Act; newborns left at medical facilities; penalty ........... SB 186 Arson or Explosives Used During Commission of a Felony; penalties ....................... SB 184 Bingo Games; operation by auxiliary unit of parent organization ...............................HB 772 Bingo; fee for conducting games; increase ....................................................................HB 87 Bingo; increase prize amounts .....................................................................................HB 134 Bingo; use of certain electronic or computer devices; provisions ...............................HB 279 Blue Ribbon Commission on Response, Investigation, Prosecution of Sexual Assault Offenses............................................................................................................. SR 35 Bottled Water; consumption in public transit bus or rapid rail car or station ..............HB 175 Bulletproof Vest; unlawful during commission of certain offenses ............................HB 173 Child Abuse Records; prohibited disclosure when criminal action is pending............ SB 199 Child Sexual Exploitation; unlawful acts involving computer pornography ............... SB 124 Children's Internet Protection Act; safety policies in schools, libraries; conditional funding for computers ................................................................................. SB 52 Computer Pornography/Child Exploitation Prevention Act; unlawful acts ................... SB 51 Controlled Substances and Dangerous Drugs; amend list; certain over-thecounter exemption; prescription drug orders................................................................HB 261 Criminal Prosecution for Offenses Against Minor Children; pleas ............................... SB 21 Criminal Records; disclosure; caring for children, elderly, or mentally ill.................... SB 22 Criminal Trespass/Damage to Property; crime of possession of tools......................... SB 311 Cruelty to Children; crime of endangerment; sexual abuse; prosecution....................... SB 10 Cruelty to Children; endangering child in second degree; criminal negligence .............. SB 1 Death Investigations; patients receiving compensated care in facilities licensed by DHR .......................................................................................................... SB 111 Deposit Account Fraud; increase the maximum service charge .................................. SB 104 Disabled Adults and Elder Persons; penalties; abuse, neglect, exploitation of.............. SB 12 Drug Trafficking Prevention Act; penalties ................................................................. SB 284 DUI Alcohol/Drugs; new offense of refusal to submit chemical testing ....................... SB 13 Family Violence and Stalking Protective Order Registry; updating certain information; sheriff's duties.......................................................................................... SB 123 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Firearms; certain unauthorized possession; affirmative defense..................................HB 397 Fireworks, Pyrotechnics; public displays; audience; site permits, licensure................ SB 213 Fraud; failure to pay for Christmas trees, pine needles, and certain crops...................HB 108 Georgia Database Protection and Economic Development Act of 2003 ....................... SB 38 Governor; emergency powers; repeal certain powers relating to firearms..................... SB 92 Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property ....................................................................................... SB 313 Graffiti; damage to property; programs for compensating owners, victims ................ SB 312 Health Access Improvement Act; advanced practice registered nurse; regulations .................................................................................................................... SB 376

3484

INDEX

Identity Fraud; violations; law enforcement investigations; victims damages ............ SB 349 Illegal Drug Trafficking; anhydrous ammonia, methamphetamine, amphetamine; increase criminal penalty ...................................................................... SB 205 Internet Child Pornography Prevention Act; internet service; violations .................... SB 232 Internet/Computer Safety Act; offenses of internet contact with a child ..................... SB 103 Life Without Parole; imposed in certain cases under certain circumstances ............... SB 149 Marijuana; reduce quantity for trafficking prosecution ...............................................HB 196 Motor Vehicle; certificate of title; fraudulent acts; penalties....................................... SB 299 Nuisance Abatement Liens; collection procedures; foreclosures ................................ SB 182 Nuisance Abatement; graffiti visible from adjoining public, private property ............ SB 310 Nurses, Advanced Practice Registered; prescriptive authority ...................................... SB 36 Offense of Fleeing or Attempting to Elude a Police Officer; penalties ....................... SB 297 Pardons/Paroles Board; nonindigent adult offenders; application fee; transfer to another state; authorization ........................................................................................ SB 47 Payday Lending; deferred presentment or advance cash services; regulate................. SB 157 Peeping Toms; spying upon or invading the privacy of another.................................. SB 151 Perpetrators of Felonies; local government rewards; remove limitation .....................HB 359 Preservation of Evidence From Criminal Cases, Study Committee, creating.............. SR 321 Property Involved with Illegal Drug Activities; enhanced penalties ........................... SB 324 Prostitution, Pimping or Pandering; keeping a place for; penalties ............................... SB 77 Protection of the Victims of Domestic Violence Act; change the duration of temporary protective orders.......................................................................................... SB 293 Public Records, Meetings; disclosure; exceptions to requirements ............................. SB 113 RICO Act; redefine racketeering activity; include insurance fraud .............................HB 236 Sex Offender Registration; amend provisions .............................................................HB 463 Sexual Exploitation of Children; computer pornography; obscene Internet contact with child .........................................................................................................HB 462 Sexually Offensive Material/Content; distribution through electronic media ................. SB 5 Sexually Violent Predators; prohibited within proximity of minors ............................ SB 101 Street Gangs; graffiti; violent acts; weapons possession; prohibitions ........................ SB 309 Tattooing Near the Eye; prohibition; expand exception ..............................................HB 183 Teen Dating Violence; prevention education program ................................................ SB 346 Terrorism Prevention; rename Organized Crime Prevention Council; powers and duties; Airport Anti-Terrorism Training................................................................ SB 187 Vehicular Homicide in the Second Degree; change provisions ................................... SB 227
CRIMINAL PROCEDURE Appeals in Death Penalty Cases; new trial; request DNA testing and analysis ........... SB 119 Appeals; postconviction DNA testing; procedure........................................................HB 599 County Law Libraries; board of trustees; DA membership; funds ................................ SB 83 Criminal Procedure; concurrent grand juries, pretrial motions, discovery, witnesses, demands for trial, continuance, bail, and oral reports.................................HB 414 Criminal Procedure; demand for trial; time expiration; appeals .................................... SB 45

INDEX

3485

Criminal Procedure; discovery in felony cases; oral scientific reports; sentence hearings.......................................................................................................... SB 175 Criminal Prosecution for Offenses Against Minor Children; pleas ............................... SB 21 Cruelty to Children; crime of endangerment; sexual abuse; prosecution....................... SB 10 Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property ....................................................................................... SB 313 Graffiti; damage to property; programs for compensating owners, victims ................ SB 312 Illegal Drug Trafficking; anhydrous ammonia, methamphetamine, amphetamine; increase criminal penalty ...................................................................... SB 205 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 Indigent Defense Act; circuit public defenders; mental health advocacy....................HB 770 Inmate Labor; removing graffiti from private property; as compensation...................HB 144 Internet/Computer Safety Act; offenses of internet contact with a child ..................... SB 103 Life Without Parole; imposed in certain cases under certain circumstances ............... SB 149 Sheriffs; unlawful to engage in private security, private investigation or bail bond businesses; violation of oath of office................................................................. SB 117 State Fire Marshal/Staff; investigatory powers; arrests; search warrants .................... SB 345 Trial Juries; size of panels; jury selection; number of peremptory strikes.................... SB 27 Vehicular Homicide in the Second Degree; change provisions ................................... SB 227
CRISP COUNTY Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120
CUTHBERT Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120
D
DACULA Dacula, City of; amend charter.....................................................................................HB 730
DALTON Northwest Georgia Trade and Convention Center Authority; create.........................HB 1004
DAMS Water Reservoirs; locally funded; state compensation to control, condemn ............... SB 246 Watershed Dams; committee to study safety issues..................................................... SR 442
DARIEN Darien, City of; council districts; elections ..................................................................HB 637

3486

INDEX

DAWSON COUNTY Dawson County; homestead exemptions; certain residents .........................................HB 754
DAY CARE Adult Day Center for Aging Adults Licensure Act; enact ...........................................HB 318 Child Care Facilities; liability insurance coverage ........................................................ SB 24 Criminal Records; disclosure; caring for children, elderly, or mentally ill.................... SB 22 Day-Care Facilities; licensing; liability insurance required .........................................HB 433 Enterprise Zones; additional qualifying businesses and services; enforcement of local codes; certain limitation ..................................................................................HB 748 Sexually Violent Predators; prohibited within proximity of minors ............................ SB 101
DEATH PENALTY; CAPITAL CASES (Also see Courts; Sentence; Crimes) Appeals in Death Penalty Cases; new trial; request DNA testing and analysis ........... SB 119 Trial Juries; size of panels; jury selection; number of peremptory strikes.................... SB 27
DEBTOR AND CREDITOR Debtor or Creditor; debt adjustment; amend provisions ..............................................HB 385 Homestead Property; levy, sale; reciprocal exemption; resident judgment debtor; creditor resident in another state ...................................................................... SB 347
DECATUR COUNTY Property Conveyances; authorized ............................................................................... SR 224 Public Property; conveyances....................................................................................... SR 121
DEEDS AND OTHER INSTRUMENTS (Also see Property) Real Estate Transfer Tax; exemptions; certain instruments, deeds or writings; corporations, partnerships and certain trustees .............................................................. SB 97
DEFENSE, DEPARTMENT OF State Defense Force; authority to use certain state property ........................................HB 303
DEKALB COUNTY DeKalb County Board of Registration and Elections; provide for .............................. SB 209 DeKalb County; board of registration and elections .................................................... SB 259 DeKalb County; certain arrests; cash deposit in lieu of bond ......................................HB 764 DeKalb County; homestead exemption; base year assessed value...............................HB 661 DeKalb County; homestead exemption; base year assessed value...............................HB 662 Dekalb County; school taxes collected by tax commissioner; reimbursement ............ SB 386 Designate; Earl Paulk Parkway; DeKalb County........................................................... SR 38 Designate; Sheriff-Elect Derwin Brown Memorial Bridge..........................................HR 106 Dynamic 55th Senate District Advisory Council; recognize........................................ SR 166

INDEX

3487

MARTA; board of director; selected voting member of metro regional development center....................................................................................................... SB 384 Property Conveyances; authorized ............................................................................... SR 224
DENTISTS AND DENTAL HYGIENISTS Cosmetic Dental Coverings; urge removal of unlicensed providers............................HR 228 Health Care Protection Act; health care licensing violations; penalties ...................... SB 162 State Licensing Boards; reduce number of members...................................................HB 597 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133
DEVELOPMENT AUTHORITIES LAW Joint Development Authorities; county of this state and contiguous county of adjoining state; sports facility or amphitheater ............................................................HB 309
DIETETICS PRACTICE ACT Health Care Protection Act; health care licensing violations; penalties ...................... SB 162 State Licensing Boards; reduce number of members...................................................HB 597
DIGITAL EQUIPMENT AND COMPUTERS (Also see Electronic; Film) Building Permits Through Certain Electronic Media; application; payments ............... SB 39 Child Sexual Exploitation; unlawful acts involving computer pornography ............... SB 124 Children's Internet Protection Act; safety policies in schools, libraries; conditional funding for computers ................................................................................. SB 52 Computer Pornography/Child Exploitation Prevention Act; unlawful acts ................... SB 51 Courts Technology Advisory Board and Council; successor to Georgia Courts Automation Commission .................................................................................. SB 306 Electronic/Communication Devices; local boards of education establish policy for students in school........................................................................................... SB 29 Georgia Database Protection and Economic Development Act of 2003 ....................... SB 38 Internet Child Pornography Prevention Act; internet service; violations .................... SB 232 Local Government; internet request for proposals, notice of a pre-bid conference; contract/bid requirements ......................................................................... SB 365 Sexual Exploitation of Children; computer pornography; obscene Internet contact with child .........................................................................................................HB 462 Sexually Offensive Material/Content; distribution through electronic media ................. SB 5
DISABLED PERSONS; ADULTS AND ELDER PERSONS Criminal Records; disclosure; caring for children, elderly, or mentally ill.................... SB 22 Death Investigations; patients receiving compensated care in facilities licensed by DHR ......................................................................................................... SB 111 Death Investigations; persons receiving "compensated care"; notification ................. SB 285 Disabled Adults and Elder Persons; penalties; abuse, neglect, exploitation of.............. SB 12

3488

INDEX

DISEASES; HAZARDOUS CONDITIONS College Students; vaccination against meningococcal meningitis.............................. SB 266 Livestock; control of contagious diseases, chemicals, poisons, toxins; notices and reports of suspicious illnesses; violations.............................................................. SB 183 Tort Immunity; federal smallpox vaccination program; hospitals, health care providers....................................................................................................................... SB 336 Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333
DISTILLED SPIRITS Alcoholic Beverages; consumption on premises; local authorization..........................HB 493 Alcoholic Beverages; defective products exchange or return; samples ....................... SB 352
DISTRICT ATTORNEYS RETIREMENT SYSTEM Assistant District Attorneys; retirement; prior service credit....................................... SB 318
DIVORCE (Also see Domestic Relations) Divorce; grounds; extend time frame; effect of legal separation on children.............. SB 298
DNA Appeals; postconviction DNA testing; procedure........................................................HB 599
DOCTORS OF THE DAY Antalis, Dr. John.......................................................................................................Page 502 Bourland, Dr. Michael..............................................................................................Page 131 Brewer, Dr. Spencer .................................................................................................Page 153 Butler, Dr. Robert .....................................................................................................Page 89 Callahan, Dr. Dan .....................................................................................................Page 446 Cooper, Dr. Tom.......................................................................................................Page 1799 Copher, Dr. James Clay............................................................................................Page 1942 Daine, Dr. Paul .........................................................................................................Page 268 Daus, Dr. Kevin........................................................................................................Page 1380 Desal, Dr. Jay ...........................................................................................................Page 1631 Dunlevie, Dr. Shep ...................................................................................................Page 334 Fleming, Dr. Gary A. ...............................................................................................Page 366 Gilbert, Dr. Samuel A. .............................................................................................Page 468 Griffin, Dr. Ralph .....................................................................................................Page 95 Grubbs, Dr. Earl .......................................................................................................Page 110 Hall, Dr. Vanessa......................................................................................................Page 1211 Higgins, Dr. Robert G. ............................................................................................Page 163 Kaufman, Dr. Bobby ................................................................................................Page 2 Levy, Dr. Natalie ......................................................................................................Page 2404 Lloyd, Dr. Edward ....................................................................................................Page 312

INDEX

3489

Maxey, Dr. Joy .........................................................................................................Page 60 McDaniel, Dr. William.............................................................................................Page 54 McDermott, Dr. Tim.................................................................................................Page 1824 Menendez, Dr. Jack ..................................................................................................Page 3373 Newton, Dr. Mark ....................................................................................................Page 766 Norman, Dr. Matthew...............................................................................................Page 204 Olson, Dr. Maureen ..................................................................................................Page 137 Orris, Dr. Gary..........................................................................................................Page 180 Perry, Dr. Bruce........................................................................................................Page 244 Phillips, Dr. Yancey .................................................................................................Page 253 Purcell, Dr. Dent.......................................................................................................Page 420 Ray, Dr. Walker........................................................................................................Page 81 Rogers, Dr. Harrison ................................................................................................Page 1338 Segerman, Dr. Stuart ................................................................................................Page 121 Sexson, Dr. Bill ........................................................................................................Page 993 Tyson, Dr. James ......................................................................................................Page 1523 Unterman, Dr. Marc .................................................................................................Page 1765 Watkins, Dr. Sandra .................................................................................................Page 823 Wilson, Dr. Frank, Jr. ..............................................................................................Page 2103 Yager, Dr. Howard ...................................................................................................Page 190
DODGE COUNTY Dodge County; education districts; reapportion...........................................................HB 956
DOGS (See Animals) Search and Rescue Dogs; authorize erection of monument honoring..........................HR 357
DOMESTIC RELATIONS (Also see Alimony; Child Custody; Divorce; Minors) Abandoned Child Protection Act; newborns left at medical facilities; penalty ........... SB 186 Abortion; proper identification to physician; minor's parent or guardian .................... SB 240 Adoptions; access to vital records; placement of child following order terminating parental rights; original birth certificates.................................................. SB 192 Child Abuse Protocol; child fatality review committee; powers of panel ...................HB 479 Child Abuse Records; DHR; information to Office of School Readiness ................... SB 201 Child Abuse Records; prohibited disclosure when criminal action is pending............ SB 199 Child Custody or Visitation Orders; notices; relocation, change of residence .............. SB 16 Child Custody; right of children; selection of custodial parent; certain ages .............. SB 326 Child Support and Driver's License Applications; social security number or certification of non-eligibility ......................................................................................HB 319 Child Support; computation of award, guidelines, income deduction orders ................ SB 17 Children in Protective Services; conviction data relevant to adult contacts ................ SB 200 Children; prohibit the sale or offer for sale of a child by parent or guardian............... SB 281 Cruelty to Children; crime of endangerment; sexual abuse; prosecution....................... SB 10

3490

INDEX

Cruelty to Children; endangering child in second degree; criminal negligence .............. SB 1 Divorce; grounds; extend time frame; effect of legal separation on children.............. SB 298 Domestic Relations; temporary protective orders; duration.........................................HB 722 Drivers' Licenses/Auto Insurance; forms of ID for noncitizens from FTAA member countries ......................................................................................................... SB 181 Family Violence and Stalking Protective Order Registry; updating certain information; sheriff's duties.......................................................................................... SB 123 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Family Violence Shelter Confidentiality Act; requirement of telephone companies not to disclose location............................................................................... SB 147 Family/Children Services; establish separate department and agency......................... SB 241 Juvenile Proceedings; deprived children; order of disposition; time period ................ SB 148 Juvenile Proceedings; placement of child after termination order; options ................. SB 236 Marriage Licenses; repeal testing for syphilis requirements........................................ SB 190 Protection of the Victims of Domestic Violence Act; change the duration of temporary protective orders.......................................................................................... SB 293 Superior Court Fees; interpreters; temporary protective order hearings ......................HB 255 Teen Dating Violence; prevention education program ................................................ SB 346 Vital Records; birth certificate in legitimations, paternity, adoptions ........................ SB 263
DOUGHERTY COUNTY Albany-Dougherty County Day at the State Capitol; recognize .................................. SR 197 Albany-Dougherty County Day; recognize .................................................................. SR 105 Dougherty County; board of commissioners; clerk......................................................HB 699 Dougherty County; change description of commission districts.................................. SB 379 Dougherty County; change description of education districts ..................................... SB 380 Dougherty County; tax commissioner; collecting school taxes ...................................HB 695
DOUGLASVILLE, CITY OF Douglasville, City of; smoking in public places; nonbinding referendum...................HB 997
DRIVERS LICENSES (Also see Motor Vehicles) Abortion; proper identification to physician; minor's parent or guardian .................... SB 240 Child Support and Driver's License Applications; social security number or certification of non-eligibility ......................................................................................HB 319 Commercial Motor Vehicles and School Buses; prohibitions ..................................... SB 173 Driver Licenses; court conviction reports; transmittal fees ......................................... SB 229 Drivers' Licenses for Minors; amend provisions; driver training schools and commercial driver training schools ..............................................................................HB 447 Drivers' Licenses/Auto Insurance; forms of ID for noncitizens from FTAA member countries ......................................................................................................... SB 181 Drivers' Licenses; applications; use of military identification card ............................. SB 262

INDEX

3491

Drivers' Licenses; certain out-of-state applicants; on-the-road driving test not required.........................................................................................................................HB 616 Drivers' Licenses; certain suspension; limited driving permits....................................HB 185 Drivers' Licenses; issuance; indication of U.S. citizenship; expiration date.................. SB 89 DUI Alcohol/Drugs; new offense of refusal to submit chemical testing ....................... SB 13 DUI; prohibitions, punishment; revise and harmonize provisions................................. SB 75 Electric Assistive Mobility Device and Certain Motor Driven Cycles; lights on garbage trucks; regulate ............................................................................................ SB 37 Identity Fraud; violations; law enforcement investigations; victims damages ............ SB 349 Motor Vehicles; registration and insurance provisions; amend ...................................HB 191 Motorcycle Operators; protective headgear devices .................................................... SB 138 Sex Offender Registration; amend provisions .............................................................HB 463 Student Achievement, Office of; create; comprehensive revisions regarding education accountability............................................................................................... SB 248 Vehicle Certificate of Title Applications; owner's legal name and driver's license number.............................................................................................................. SB 250
DRIVING UNDER THE INFLUENCE, DUI Commercial Motor Vehicles and School Buses; prohibitions ..................................... SB 173 DUI Alcohol/Drugs; new offense of refusal to submit chemical testing ....................... SB 13 DUI; prohibitions, punishment; revise and harmonize provisions................................. SB 75
DRUG ABUSE TREATMENT AND EDUCATION ACT Community Living or Drug Abuse Treatment Facilities; licensure; violations ........... SB 264
DRUGS AND COSMETICS; STANDARDS, LABELING, AND ADULTERATION Property Involved with Illegal Drug Activities; enhanced penalties ........................... SB 324
DUBLIN, CITY OF Dublin, City of; board of education; compensation .....................................................HB 344
DULUTH Duluth, City of; commend............................................................................................ SR 260 Duluth, City of; new charter......................................................................................... SB 377
E
EARLY COUNTY Early County; probate judge; nonpartisan elections.....................................................HB 925 Early County; state court; terms ...................................................................................HB 668
EAST DUBLIN East Dublin, City of; corporate limits ..........................................................................HB 880

3492

INDEX

EASTMAN, CITY OF Eastman, City of; corporate limits................................................................................HB 946
ECHOLS COUNTY Designate; Dan J. DeLoach Highway; Echols County................................................... SR 69
ECONOMY AND ECONOMIC DEVELOPMENT China; ' The Georgia China Future'; public-private initiative to increase trade........... SR 225 Drivers' Licenses/Auto Insurance; forms of ID for noncitizens from FTAA member countries ......................................................................................................... SB 181 Excise Taxes; hotel-motel tax; change definitions......................................................... SB 63 Income Taxes; jobs tax credits; designation of counties as less developed areas; business closings in areas comprising military bases .......................................... SB 11 Sales Tax; applicable to commerce and trade; definitions ............................................. SB 62 Savannah River; Joint Port Authority Study Committee; proposed operation on both north and south sides of river .......................................................................... SR 271 Savannah River; urge bilateral port commission; GA/SC compact ............................. SR 240 Winecoff Hotel, Joint Study Committee on the Rehabilitation of; create.................... SR 303
EDUCATION (Also see Colleges; Schools; Teachers) Charter Schools Act; virtual charter schools; provide construction............................. SB 203 Charter Schools; funding; facilities fund; surplus property; bulk purchasing ............. SB 216 Child Abuse Records; DHR; information to Office of School Readiness ................... SB 201 Children's Internet Protection Act; safety policies in schools, libraries; conditional funding for computers ................................................................................. SB 52 Children's Vision Improvement/Learning Readiness Act; eye exams for children entering first grade ......................................................................................... SB 242 College Athletic Recruitment Rules; certain violations; cause of action.......................HB 95 Colleges; meningococcal meningitis; vaccinations......................................................HB 521 Commercial Motor Vehicles and School Buses; prohibitions ..................................... SB 173 Education, Local Boards; conflicts of interest; certain employee representation organization activities........................................................................... SB 194 Education; Certified School Social Worker Specialists; salary increase .....................HB 320 Educational Testing, Study Committee on; create ....................................................... SR 146 Educators; salaries; local supplements; minimum salary schedule .............................. SB 130 Electronic/Communication Devices; local boards of education establish policy for students in school........................................................................................... SB 29 Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions ........................................................................................HB 551 HOPE Scholarship Tuition Grants; change residency requirements............................ SB 287 HOPE Scholarship Tuition Grants; eligible part-time students ................................... SB 286 HOPE Scholarships; private colleges; certain part-time eligibility..............................HB 341

INDEX

3493

HOPE Scholarships; summer school; remove restrictions; provide limitation on total number of semester/quarter hours ................................................................... SB 244 Improvement of the HOPE Scholarship Joint Study Commission; create ................... SR 220 Local Government or Board of Education; contracts; bid opportunity advertisements; Georgia Procurement Registry ........................................................... SB 342 Local School Taxation; five mill share funds; calculations ........................................... SB 99 Local School Taxation; five mill share funds; increased student population; capital expenditures...................................................................................................... SB 100 Public School Speech-Language Pathologists and Audiologist; salaries; national certification..................................................................................................... SB 268 Public School Systems; contracts and bid price regulations; electronically ................ SB 294 Public Schools; time period for students to express personal religious beliefs ............. SB 90 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ..................................................... SB 273 Sales Tax; educational purposes; local boards; performance audit..............................HB 346 School Bus Drivers; annual mandatory training; equipment; safety procedures; 'Aleana's Law' ........................................................................................... SB 143 School Counselors and Social Worker Specialists; national certification; state salary increase ...................................................................................................... SB 178 State Employees; payroll deductions; Higher Education Savings Plan; certain inclusion in defined contribution plan..........................................................................HB 424 Student Achievement, Office of; create; comprehensive revisions regarding education accountability............................................................................................... SB 248 Student Achievement, Office of; duties; flexibility and accountability....................... SB 249 Students in Home Study Programs; extracurricular programs; public schools ............ SB 210 Taxpayers' Dividend Act; amendments that increase appropriations........................... SR 160 Teachers and Other Personnel; certain forfeited leave; restoration ...............................HB 25 Teachers Retirement; creditable service in a local school system. ................................ SB 30 Teachers Retirement; creditable service; independent school system service ............. SB 226 Teachers Retirement; creditable service; prior independent school service ............... SB 141 Teachers Retirement; University System employees; optional plan ............................ SB 253 Teachers Transferring From Other States; certain exemption; paraprofessionals and aides..........................................................................................HB 590 Teachers/Other Professional Employees; contracts; terms and conditions.................. SB 223 Teachers; contracts; procedures for terminating or suspending; hearing panel ........... SB 193 Teachers; duties that may not be required...................................................................... SB 54 Teachers; pay level for doctorate degree in any field................................................... SB 354 Teachers; rights for continued employment; restore ......................................................HB 81 Teachers; rights in demotion and nonrenewal of contracts............................................ SB 19 Teen Dating Violence; prevention education program ................................................ SB 346 Wages Paid by State Contractors or Subcontractors; living wage requirement........... SB 303 Whistleblowers' Protection Act for Public School Employees; prohibit retaliatory action........................................................................................................... SB 254

3494

INDEX

EFFINGHAM COUNTY Effingham County; board of education; nonpartisan election......................................HB 488 Effingham County; chief magistrate; nonpartisan elections ........................................HB 801 Effingham County; probate judge; nonpartisan elections ............................................HB 802
ELBERT COUNTY Elbert County; probate judge; nonpartisan election .....................................................HB 707
ELDERLY Adult Day Center for Aging Adults Licensure Act; enact ...........................................HB 318 Criminal Records; disclosure; caring for children, elderly, or mentally ill.................... SB 22 Criminal Records; nation-wide background checks; child care and elder care providers including volunteers with youth activities ................................................... SB 198 Death Investigations; patients receiving compensated care in facilities licensed by DHR ......................................................................................................... SB 111 Disabled Adults and Elder Persons; penalties; abuse, neglect, exploitation of.............. SB 12 Federal Food Stamp Program for Low-Income Georgians; urge DHR adopt options to provide access.............................................................................................. SR 228 Georgia Seniors Prescription Drug Benefit Program Act; establish ............................ SB 112 Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions ........................................................................................HB 551 Long-Term Care Services; in-home and community based care; consumer choice and control; Independence Plus Act ................................................................. SB 170 Medicare Prescription Drug Benefit Coverage; urge Congress to enact ....................... SR 49 Natural Gas; discontinuing service to persons age 65 or disabled; prohibit during winter heating season........................................................................................ SB 185 Nursing Home Provider Fee Act; enact .......................................................................HB 526 Prescription Drugs for Seniors, Joint Study Committee; create..................................... SR 55 Prescription Drugs; Georgia Rx Plan for Seniors Act.................................................. SB 304 Senior Week at the Capitol; acknowledge ................................................................... SR 230
ELDRIDGE, FRANK, JR.; Secretary of the Senate; election..................................Page 14
ELECTIONS ( Also see Ethics; Campaign Disclosure; Candidates) Election Districts; legislative and congressional reapportionment; specify requirements; community of interest.............................................................................. SB 91 Election Superintendent; office to remain open until ballots are counted ...................HB 114 Election; qualifying fees; county officials; calculation................................................ SB 153 Elections and Run-Off Elections; candidates receiving majority of votes................... SB 128 Elections Code; corrections..........................................................................................HB 105 Elections; congressional districts; composition and number ....................................... SB 135 Elections; conversion to direct recording electronic (DRE) voting systems: absentee ballot oath; handicapped assistance; polling places ...................................... SB 258

INDEX

3495

Elections; direct recording electronic voting systems; amend provisions....................HB 427 Ethics in Government; amend provisions ....................................................................HB 771 Ethics in Government; Financial Disclosure Reform Act of 2003; enact........................ SB 3 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................. SB 109 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 Ethics; campaign contribution disclosure reports; filing functions; transfer to State Ethics Commission.............................................................................................. SB 144 Ethics; campaign contributions for judicial offices; prohibitions .................................. SB 72 Ethics; campaign disclosure reports; contributions and expenditures; disclose candidate's name........................................................................................................... SB 125 Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; revisions........................................................ SB 108 Ethics; disposition of excess campaign contributions.................................................... SB 82 Ethics; Labor and Employer Campaign Finance Reform Act........................................ SB 40 Ethics; reforms; campaign contributions; activities on behalf of inmates ..................... SB 31 Ethics; use of campaign contributions; ordinary and necessary expenses ................... SB 338 Flag; nonbinding state-wide referendum......................................................................HB 380 Georgia v. Ashcroft Redistricting Case; support of the Governor; urging the Attorney General to dismiss the appeal.......................................................................... SR 85 House of Representatives; reapportionment; election from single-member districts ......................................................................................................................... SR 108 Indigent Defense Act; circuit public defenders; mental health advocacy....................HB 770 Probate Court Judges; nonpartisan election ................................................................. SR 277 Sheriff, Office of; nonpartisan elections ........................................................................ SB 26 Temple, City of; mayor and councilmembers; election and terms............................... SB 327 Use of Public Money for Public Health/Social Services by Religious or Sectarian Organizations.................................................................................................... SR 1 Voting; direct recorded electronic voting systems; provide voter printed record of the vote cast .................................................................................................. SB 340
ELECTRIC UTILITIES AND ELECTRICAL SERVICE Electric Membership Corporations; transmission line siting committee .....................HB 373 Electric Transmission Lines, Joint Study Committee on Location of; create .............. SR 308 Electric Transmission Lines, Study Committee; create ............................................... SR 431 Electric Transmission System; urge not adopt proposed standard market design rules................................................................................................................... SR 276 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359 Eminent Domain; condemnation; electric power plants, power lines.......................... SB 267 PSC; applications and proceedings; administrative fees.............................................. SB 219

3496

INDEX

ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR; LOWVOLTAGE; UTILITY - CONTRACTORS
Building Permits Through Certain Electronic Media; application; payments ............... SB 39 Conditioned Air Equipment and Plumbing; redefine; include certain natural gas piping systems........................................................................................................HB 327 Electric Membership Corporations; transmission line siting committee .....................HB 373 Electrical Sign Contracting; licensure of contractors................................................... SB 341 Road Construction and Repair of Manhole Rings; contractor; regulation..................... SB 18
ELECTRONIC RECORDS AND SIGNATURES Georgia Database Protection and Economic Development Act of 2003 ....................... SB 38 Identity Fraud; violations; law enforcement investigations; victims damages ............ SB 349 Voting; direct recorded electronic voting systems; provide voter printed record of the vote cast .................................................................................................. SB 340
ELECTRONIC TECHNOLOGY, TRANSMISSIONS Banking and Finance; regulations; comprehensive revisions ........................................ SB 78 Building Permits Through Certain Electronic Media; application; payments ............... SB 39 Child Sexual Exploitation; unlawful acts involving computer pornography ............... SB 124 Children's Internet Protection Act; safety policies in schools, libraries; conditional funding for computers ................................................................................. SB 52 Computer Pornography/Child Exploitation Prevention Act; unlawful acts ................... SB 51 Distance Learning and Telemedicine; use of funds in Universal Service Fund; enterprise information technology needs ...........................................................HB 456 Drivers; proper use of radios and mobile telephones ................................................... SB 146 Electronic/Communication Devices; local boards of education establish policy for students in school........................................................................................... SB 29 Ethics in Government; Financial Disclosure Reform Act of 2003; enact........................ SB 3 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 Family Violence Shelter Confidentiality Act; requirement of telephone companies not to disclose location............................................................................... SB 147 Georgia Database Protection and Economic Development Act of 2003 ....................... SB 38 Internet Child Pornography Prevention Act; internet service; violations .................... SB 232 Internet/Computer Safety Act; offenses of internet contact with a child ..................... SB 103 Local Government; internet request for proposals, notice of a pre-bid conference; contract/bid requirements ......................................................................... SB 365 Public School Systems; contracts and bid price regulations; electronically ................ SB 294 Sexual Exploitation of Children; computer pornography; obscene Internet contact with child .........................................................................................................HB 462 Sexually Offensive Material/Content; distribution through electronic media ................. SB 5 Uniform Athlete Agents Act; enact..............................................................................HB 194

INDEX

3497

Voting; direct recorded electronic voting systems; provide voter printed record of the vote cast .................................................................................................. SB 340
ELLAVILLE, CITY OF Ellaville, City of; council; composition; elections .........................................................HB 46
ELLIJAY Ellijay-Gilmer County; water and sewerage authority; members ................................HB 795
EMERGENCY MANAGEMENT ACT Disaster Relief; counseling services; license exemption................................................ SB 71 Georgia Emergency Operations Plan; unified incident command system; training emergency response personnel........................................................................ SB 243 Governor; emergency powers; repeal certain powers relating to firearms..................... SB 92 Public Records, Meetings; disclosure; exceptions to requirements ............................. SB 113 Regulatory Reform Act ................................................................................................ SB 361 Uniform Rules of the Road; motor vehicles; reduce speed when passing certain stationary vehicles ............................................................................................HB 457
EMERGENCY MEDICAL SERVICES American Red Cross; commend................................................................................... SR 324 Emergency Management Employees and 911 Operators and Dispatchers; indemnification............................................................................................................. SR 213 Emergency Management Employees, 911 Operators or Dispatchers; indemnification............................................................................................................. SB 218 Emergency Medical Services (EMS) Recognition Day; commend ............................. SR 169 Emergency Medical; automated external defibrillators; registration ........................... SB 265 Emergency Vehicles; Air Ambulance Services; licensure and regulation...................... SB 7 Firefighters 31st Annual Recognition Day; commend.................................................. SR 81 Georgia Emergency Medical Services Medical Directors Advisory Council................ SB 81 Georgia Emergency Operations Plan; unified incident command system; training emergency response personnel........................................................................ SB 243 Health Care Claims Filed Electronically; expedited process ....................................... SB 350 Indemnification of Emergency Personnel, Joint Study Committee; create.................. SR 212 Law Enforcement Agencies; emergency response; vehicular pursuit policies ............ SB 292 Public Records, Meetings; disclosure; exceptions to requirements ............................. SB 113 Public Safety Employees Day; commend....................................................................... SR 98 Tort Immunity; federal smallpox vaccination program; hospitals, health care providers....................................................................................................................... SB 336 Uniform Rules of the Road; motor vehicles; reduce speed when passing certain stationary vehicles ............................................................................................HB 457 Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333

3498

INDEX

Wiggins, Hal and Responding EMS/LifeStar Professionals; commend ...................... SR 200
EMINENT DOMAIN Electric Transmission Lines, Joint Study Committee on Location of; create .............. SR 308 Electric Transmission Lines, Study Committee; create ............................................... SR 431 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359 Eminent Domain; condemnation; electric power plants, power lines.......................... SB 267 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ..................................................... SB 273 Water Reservoirs; locally funded; state compensation to control, condemn ............... SB 246
EMISSIONS, MOTOR VEHICLES Greenhouse Gas Emissions; Carbon Sequestration Registry Act ................................ SB 356
EMPLOYMENT (Also see Labor; Industrial Relations) Income Tax Credit; certain businesses creating full-time jobs ....................................HB 422
EMPLOYMENT SECURITY Employment Security Law; unemployment compensation; excluded services............ SB 160 Supplemental Appropriation; Department of Labor ....................................................HB 735 Unemployment Benefits; eligibility; military transfer of spouse .................................HB 117 Unemployment Compensation Fund; administrative assessment; allocations............. SB 165 Unemployment Compensation; employer contribution rates; extend reduction; extend suspension of the surcharge............................................................. SB 167 Unemployment Compensation; state-wide reserve ratio; employer rate...................... SB 164 Unemployment Insurance Trust Fund; Joint Study Committee; create........................ SR 234
ENERGY; INTEGRATED RESOURCE PLANNING Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359
ENGINEERS AND LAND SURVEYORS Professional Engineers and Land Surveyors; redefine land surveying ........................HB 726 Soil Investigation; soil classifiers for on-site sewage management sites; standards, qualifications ............................................................................................... SB 129 State Licensing Boards; reduce number of members...................................................HB 597
ENTERPRISE ZONE EMPLOYMENT ACT Enterprise Zones; additional qualifying businesses and services; enforcement of local codes; certain limitation ..................................................................................HB 748

INDEX

3499

ENVIRONMENTAL FACILITIES AUTHORITY State Financing and Investment Commission and Environmental Facilities Authority; amend..........................................................................................................HB 621
ENVIRONMENTAL PROTECTION Commercial Motor Vehicles and School Buses; prohibitions ..................................... SB 173 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359 Environmental Policy; regulatory decisions; publication requirements....................... SB 172 Greenhouse Gas Emissions; Carbon Sequestration Registry Act ................................ SB 356 Highways; use of emergency lanes; transit buses; metro Atlanta area......................... SB 256 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 State Buildings/Facilities; roofing materials; energy efficiency standards .................. SB 137
EQUAL RIGHTS Commission on Men's Health; presiding officer; term ..................................................HB 45 Designate; Martin Luther King, Jr., Bypass .................................................................HR 115 Stopping of Motorist by Law Enforcement; probable cause; racial profiling restrictions; officer training............................................................................................ SB 95 Woman's Right To Know Act; Medical Consent Law; abortion procedures; 24 hour waiting period following disclosure.................................................................. SB 23
ESTATES Estates; missing domiciliary; certain perilous exposure; death determination ..............HB 32 Estate Tax; federal filing date; definition....................................................................... SB 61
ETHICS IN GOVERNMENT (Also see Elections; Public Officers; Campaign Disclosure)
Ethics in Government; amend provisions ....................................................................HB 771 Ethics in Government; Financial Disclosure Reform Act of 2003; enact........................ SB 3 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................. SB 109 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 Ethics; campaign contribution disclosure reports; filing functions; transfer to State Ethics Commission.............................................................................................. SB 144 Ethics; campaign contributions for judicial offices; prohibitions .................................. SB 72 Ethics; campaign disclosure reports; contributions and expenditures; disclose candidate's name........................................................................................................... SB 125 Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; revisions........................................................ SB 108 Ethics; disposition of excess campaign contributions.................................................... SB 82

3500

INDEX

Ethics; Labor and Employer Campaign Finance Reform Act........................................ SB 40 Ethics; reforms; campaign contributions; activities on behalf of inmates ..................... SB 31 Ethics; use of campaign contributions; ordinary and necessary expenses ................... SB 338
EVANS COUNTY Evans County; board of education; nonpartisan elections ...........................................HB 713 Evans County; commissioner districts; reapportion.....................................................HB 402 Evans County; education districts; reapportion............................................................HB 416
EVIDENCE (Also see Criminal Procedure) Criminal Procedure; discovery in felony cases; oral scientific reports; sentence hearings.......................................................................................................... SB 175 Juvenile Proceedings; delinquent acts; discovery and inspection; disclosure of evidence and reciprocal discovery; witnesses.......................................................... SB 116 Preservation of Evidence From Criminal Cases, Study Committee, creating.............. SR 321 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Zoning Procedures; land adjacent military base, installation, or airport; Local Government Code Enforcement Boards Act................................................................ SB 261
EXOTIC BIRDS AND PET BIRDS; DEALERS Livestock; control of contagious diseases, chemicals, poisons, toxins; notices and reports of suspicious illnesses; violations.............................................................. SB 183
EYE BANKS Community Living or Drug Abuse Treatment Facilities; licensure; violations ........... SB 264 Eye Bank Operators; amend provisions .........................................................................HB 54
F
FAIR LENDING ACT Banking and Finance; regulations; comprehensive revisions ........................................ SB 78 Fair Lending Act; amend provisions ............................................................................HB 142 Fair Lending Act; Department of Banking and Finance, authority to regulate.............. SB 28 Georgia Fair Lending Act; amend provisions ................................................................ SB 53
FAMILY (Also see Domestic Relations; Parent and Child) Domestic Relations; temporary protective orders; duration.........................................HB 722 Superior Court Fees; interpreters; temporary protective order hearings ......................HB 255
FAMILY VIOLENCE (Also see Domestic Relations; Crimes) Divorce; grounds; extend time frame; effect of legal separation on children.............. SB 298 Domestic Relations; temporary protective orders; duration.........................................HB 722

INDEX

3501

Family Violence and Stalking Protective Order Registry; updating certain information; sheriff's duties.......................................................................................... SB 123 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Family Violence Shelter Confidentiality Act; requirement of telephone companies not to disclose location............................................................................... SB 147 Protection of the Victims of Domestic Violence Act; change the duration of temporary protective orders.......................................................................................... SB 293 Superior Court Fees; interpreters; temporary protective order hearings ......................HB 255 Teen Dating Violence; prevention education program ................................................ SB 346
FANNIN COUNTY Fannin County; board of commissioners; staggered terms ..........................................HB 674
FARMS AND FARMERS (Also see Agriculture) Ad Valorem Tax Exemption; farm equipment in inventory for resale ........................HB 527 Eggs; labeling information; expiration dates ...............................................................HB 757 Fraud; failure to pay for Christmas trees, pine needles, and certain crops...................HB 108 Honeybees; inspection and registration of colonies; change provisions......................HB 293 Sales Tax Exemption; liquid petroleum gas; horticultural purposes............................HB 148 State Employees' Health Insurance; agricultural commodity commission staff ..........HB 147 Structural Pest Control Companies; insurance requirements .......................................HB 307 Vidalia Onion Act; amend provisions ..........................................................................HB 798 Water Resources; farm uses; water-measuring device.................................................HB 579 Water Resources; state-wide water management plan .................................................HB 237
FEDERAL GOVERNMENT Ad Valorem Tax; motor vehicles; exempt veterans organizations ..............................HB 626 Carter, President Jimmy; Nobel Laureate; address joint session .................................HR 545 Child Support and Driver's License Applications; social security number or certification of non-eligibility ......................................................................................HB 319 Congressional Delegation; urge pass President Bush's 2003 Economic Growth/Tax Relief Plan ............................................................................................... SR 226 Correctional Institutions; housing certain inmates; reimbursement.............................HB 614 Education; Certified School Social Worker Specialists; salary increase .....................HB 320 Election Districts; legislative and congressional reapportionment; specify requirements; community of interest.............................................................................. SB 91 Elections; congressional districts; composition and number ....................................... SB 135 Electric Transmission System; urge not adopt proposed standard market design rules................................................................................................................... SR 276 Estate Tax; federal filing date; definition....................................................................... SB 61 Estrada, Miquel A.; urge his confirmation as judge on U.S. Court of Appeals .......... SR 265 Fair Lending Act; amend provisions ............................................................................HB 142

3502

INDEX

Georgia Military Pension Fund; certain active duty not break in service ....................HB 461 Georgia v. Ashcroft Redistricting Case; support of the Governor; urging the Attorney General to dismiss the appeal.......................................................................... SR 85 Health Insurance Identification Cards; not showing social security number ...............HB 721 Human Cloning Prohibition Act; urge passage by U.S. Senate .................................. SR 266 Medicare Prescription Drug Benefit Coverage; urge Congress to enact ....................... SR 49 Persons Supervising Children; criminal background checks; National Crime Information Center .......................................................................................................HB 316 State Depositories; certain letters of credit to secure state funds.................................HB 777 Supplemental Appropriation; Department of Labor ....................................................HB 735 Supreme Court; answer question of law from district court ........................................HB 164 Taxable Net Income; exclude certain military pay.......................................................HB 383 U.S. Armed Forces Serving Operation Iraqi Freedom; expressing support................. SR 258
FINANCIAL INSTITUTIONS (Also see Banking and Finance) Check Cashing Businesses; licensure; change certain exemption ...............................HB 680
FINES AND FORFEITURES Jail Booking Fees; jail and pretrial detention facility; imposition, collection in traffic court............................................................................................................... SB 269 Peace Officer/Prosecutor Training Fund; accounting of all deposits............................. SB 46
FIRE PROTECTION AND SAFETY Firefighter Standards and Training Council; change provisions.................................. SB 169 Firefighters 31st Annual Recognition Day; commend.................................................. SR 81 Fireworks, Pyrotechnics; public displays; audience; site permits, licensure................ SB 213 Fireworks; sale of sparklers to persons under 16 years; prohibitions .......................... SB 131 Georgia Emergency Operations Plan; unified incident command system; training emergency response personnel........................................................................ SB 243 Nuisance Abatement Liens; collection procedures; foreclosures ................................ SB 182 Public Safety Employees Day; commend....................................................................... SR 98 State Fire Marshal/Staff; investigatory powers; arrests; search warrants .................... SB 345 Volunteer Firemen Injured in Line of Duty; disability compensation .........................HB 166
FIREARMS (Also see Weapons; Crimes and Offenses) Firearms; certain unauthorized possession; affirmative defense..................................HB 397 Governor; emergency powers; repeal certain powers relating to firearms..................... SB 92
FIREFIGHTERS, EMERGENCY MEDICAL TECHNICIANS, AND PUBLIC SAFETY OFFICERS; VACCINATIONS
Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333

INDEX

3503

FIREWORKS Fireworks, Pyrotechnics; public displays; audience; site permits, licensure................ SB 213 Fireworks; sale of sparklers to persons under 16 years; prohibitions .......................... SB 131
FISH AND FISHING (Also see Game and Fish) Hunting and Fishing; amend license provisions; hunting alligators and certain other wildlife; amend regulations.....................................................................HB 815
FLETCHER, NORMAN; Supreme Court Chief Justice; Judiciary address ............Page 141
FLORIDA, STATE OF Joint Development Authorities; county of this state and contiguous county of adjoining state; sports facility or amphitheater ............................................................HB 309
FLOYD COUNTY Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120
FOOD, DRUGS, AND COSMETICS (Also see Pharmacist; Restaurant; Commerce) Agriculture; Georgia Dairy Act violations; penalty provisions ..................................... SB 14 Community Living or Drug Abuse Treatment Facilities; licensure; violations ........... SB 264 Controlled Substances and Dangerous Drugs; amend list; certain over-thecounter exemption; prescription drug orders................................................................HB 261 Cosmetology and Barber's Day; commend .................................................................... SR 97 Drug Trafficking Prevention Act; penalties ................................................................. SB 284 Eggs; labeling information; expiration dates ...............................................................HB 757 Georgia Seniors Prescription Drug Benefit Program Act; establish ............................ SB 112 Health Access Improvement Act; advanced practice registered nurse; regulations .................................................................................................................... SB 376 Health Insurance; covered benefits; off-label prescription drugs .................................. SB 96 Illegal Drug Trafficking; anhydrous ammonia, methamphetamine, amphetamine; increase criminal penalty ...................................................................... SB 205 Livestock; control of contagious diseases, chemicals, poisons, toxins; notices and reports of suspicious illnesses; violations.............................................................. SB 183 Marijuana; reduce quantity for trafficking prosecution ...............................................HB 196 Medicare Prescription Drug Benefit Coverage; urge Congress to enact ....................... SR 49 Nurses, Advanced Practice Registered; prescriptive authority ..................................... SB 36 Patient Safe Prescription Drug Act; regulate electronically transmitted data; patient's choice of retail pharmacy ............................................................................... SB 179 Prescription Drugs by Mail; enrollees in HMO health benefit plans ........................... SB 145 Prescription Drugs for Seniors, Joint Study Committee; create..................................... SR 55 Property Involved with Illegal Drug Activities; enhanced penalties ........................... SB 324

3504

INDEX

FOREIGN GOVERNMENTS International Affairs Coordinating Council; create......................................................HB 324
FOREST RESOURCES (Also see Conservation) Greenhouse Gas Emissions; Carbon Sequestration Registry Act ................................ SB 356 State Licensing Boards; reduce number of members...................................................HB 597 Timber Harvesting Operations; local regulatory authority........................................... SB 207
FORGERY AND FRAUDULENT PRACTICES (Also see Crimes and Offenses) Deposit Account Fraud; increase the maximum service charge .................................. SB 104 Fraud; failure to pay for Christmas trees, pine needles, and certain crops...................HB 108 Identity Fraud; violations; law enforcement investigations; victims damages ............ SB 349 Insurance Fraud; sales of coverage for unauthorized insurer; filing false material statement.........................................................................................................HB 598 Internet/Computer Safety Act; offenses of internet contact with a child ..................... SB 103 Motor Vehicle; certificate of title; fraudulent acts; penalties....................................... SB 299 RICO Act; redefine racketeering activity; include insurance fraud .............................HB 236
FORSYTH COUNTY Forsyth County; board of registrations and elections; chairperson's compensation................................................................................................................HB 932 Forsyth County; magistrate court; chief magistrate .....................................................HB 451 Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120
FRANCHISES Accident and Sickness Insurance; franchise group plan; provisions ...........................HB 619 Motor Vehicle Franchises; warranty reimbursement agreements; enforce..................HB 581
FRANKLIN COUNTY Franklin County High School Automotive Class; commend ......................................... SR 56 Franklin County; county attorney provisions; commission meetings .......................... SB 290 Franklin County; probate judge, chief magistrate; nonpartisan elections .................... SB 289
FRANKLIN, SHIRLEY, MAYOR OF ATLANTA; addressed Senate ...........P...a.g..es 15, 778
FULTON COUNTY Atlanta and Fulton County Recreation Authority; limitation of powers ...................... SB 230 Atlanta Board of Education/Independent School System; change provisions ............. SB 204 Atlanta Municipal Court; change certain fees..............................................................HB 448 Fulton County Library System; specify name; membership ........................................ SB 231 Fulton County; ad valorem; homestead exemption; senior citizens............................. SB 142 Fulton County; authorization to operate certain recreational programs; repeal ........... SB 196 Fulton County; homestead exemption; base year assessed value.................................HB 928

INDEX

3505

Fulton County; homestead exemption; base year assessed value.................................HB 929 Fulton County; magistrates; increase number ..............................................................HB 445 Fulton County; recreational programs in cities contributing to cost; repeal ................ SB 197 Fulton County; state court; additional judge ................................................................HB 446 MARTA; board of director; selected voting member of metro regional development center....................................................................................................... SB 384 Property Conveyances; authorized ............................................................................... SR 224 Public Property; conveyances....................................................................................... SR 121 Revenue, Department of; administration; duties; official office location...................... SB 56 Sandy Springs Study Commission; creating ................................................................ SR 323 Sandy Springs, City of; incorporation and charter ......................................................... SB 49
FUNERAL DIRECTORS AND EMBALMERS GBI Forensic Sciences Division; regional medical examiner; definition .................... SB 214 State Licensing Boards; reduce number of members...................................................HB 597
G
GAINESVILLE, CITY OF Gainesville, City of; education districts; reapportion...................................................HB 983 Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120
GAME AND FISH (Also see Conservation and Natural Resources) Deer Hunting; closed and open seasons; bag limits and antler restrictions ................. SB 317 Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328 Hunting and Fishing; amend license provisions; hunting alligators and certain other wildlife; amend regulations.....................................................................HB 815 OCGA; Conform References to House and Senate Committee Names.......................HB 846 Wild Animal Permit; exempt Bengal cat......................................................................HB 227
GAS, GASOLINE AND GAS SERVICES Conditioned Air Equipment and Plumbing; redefine; include certain natural gas piping systems........................................................................................................HB 327 Natural Gas Competition and Deregulation Act; amend provisions.............................. SB 34 Natural Gas in Poultry Production; rules with respect to charges................................ SB 118 Natural Gas Rates; surcharge on interruptibles; minimum amount ............................... SB 32 Natural Gas; discontinuing service to persons age 65 or disabled; prohibit during winter heating season........................................................................................ SB 185 PSC; applications and proceedings; administrative fees.............................................. SB 219 Revenue Bond Law; 'undertaking'; gas generation systems; remove referendum requirement; War on Terrorism Local Assistance Act ............................... SB 87 Sales Tax Exemption; liquid petroleum gas; horticultural purposes............................HB 148

3506

INDEX

GENERAL ASSEMBLY Adjournment; relative to ................................................................................................HR 31 Adjournment; relative to ................................................................................................HR 91 Adjournment; relative to ..............................................................................................HR 360 Adjournment; relative to ..............................................................................................HR 847 Adjournment; relative to .............................................................................................. SR 110 Adjournment; relative to .............................................................................................. SR 233 Adjournment; relative to .............................................................................................. SR 242 Adjournment; relative to .............................................................................................. SR 441 BROC; Budget Responsibility Oversight Committee; members; appointment ........... SB 330 Budget Act; continuation budget report; apply zero-base budgeting............................... SB 8 Carter, President Jimmy; Nobel Laureate; address joint session .................................HR 545 Election Districts; legislative and congressional reapportionment; specify requirements; community of interest.............................................................................. SB 91 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 Ethics; campaign contribution disclosure reports; filing functions; transfer to State Ethics Commission.............................................................................................. SB 144 Ethics; campaign disclosure reports; contributions and expenditures; disclose candidate's name........................................................................................................... SB 125 Ethics; disposition of excess campaign contributions.................................................... SB 82 Ethics; reforms; campaign contributions; activities on behalf of inmates ..................... SB 31 General Appropriations; FY 2003 - 2004 ....................................................................HB 122 House of Representatives; reapportionment; election from single-member districts ......................................................................................................................... SR 108 Joint MARTA Finance Study Committee; create ........................................................HR 397 Joint Session of General Assembly; message from Governor. ...................................... SR 20 Joint Session; Governor's message.................................................................................HR 12 Joint Session; Inauguration of Governor and Lieutenant Governor ................................ SR 3 Joint Session; message from Chief Justice of Supreme Court .......................................HR 32 Notify Senate; House convened .......................................................................................HR 9 OCGA; Conform References to House and Senate Committee Names.......................HB 846 Prescription Drugs for Seniors, Joint Study Committee; create..................................... SR 55 Regulatory Reform Act ................................................................................................ SB 361 Savannah River; Joint Port Authority Study Committee; proposed operation on both north and south sides of river .......................................................................... SR 271 Senate Convened; notify House of Representatives......................................................... SR 2 Senate Rules; amend; Committee on Ethics, new name, powers, duties ..................... SR 122 Senate; Adopt Rules ......................................................................................................... SR 5 Senatorial Districts; apportionment and qualifications; change composition .............. SB 239 Senatorial Districts; composition; number; apportionment.............................................. SB 2 State Official Salaries; General Assembly; Lt. Gov., 10% reduction ............................ SB 76 State Property; naming/renaming for a public official; 5 year restriction...................... SB 73

INDEX

3507

State Retirement Plan Options; Joint Study Committee; create ................................... SR 107 Subsequent Injury Trust Fund Joint Study Committee; create.....................................HR 263 Supplemental Appropriation; Department of Labor ....................................................HB 735 Supplemental Appropriations; FY 2002 - 2003 ...........................................................HB 121 Taxation; legislation for any state tax; approval by General Assembly......................... SR 12
GENERAL PROVISIONS, OCGA Code of Georgia; corrections .......................................................................................HB 104 Elections Code; corrections..........................................................................................HB 105 OCGA; Conform References to House and Senate Committee Names.......................HB 846 Regulatory Reform Act ................................................................................................ SB 361 Retirement and Pensions Code; corrections.................................................................HB 103
GEOLOGISTS Soil Investigation; soil classifiers for on-site sewage management sites; standards, qualifications ............................................................................................... SB 129 State Licensing Boards; reduce number of members...................................................HB 597
GEORGIA BUREAU OF INVESTIGATION (GBI) Cigar and Cigarette Taxes; loose or smokeless tobacco; impose excise tax................HB 379 Courts Technology Advisory Board and Council; successor to Georgia Courts Automation Commission .................................................................................. SB 306 Criminal Justice Agencies; limit certain data to Georgia Crime Information Center; certain warrants ...............................................................................................HB 140 Criminal Records; disclosure; caring for children, elderly, or mentally ill.................... SB 22 Criminal Records; nation-wide background checks; child care and elder care providers including volunteers with youth activities ................................................... SB 198 Employee's Retirement; benefits for certain law enforcement officers, troopers and GBI agents; age 55 or 25 years................................................................ SB 152 Employees' Retirement; law enforcement personnel; enhanced benefits.................... SB 212 Family Violence and Stalking Protective Order Registry; updating certain information; sheriff's duties.......................................................................................... SB 123 GBI Forensic Sciences Division; regional medical examiner; definition .................... SB 214 Identity Fraud; violations; law enforcement investigations; victims damages ............ SB 349 Public Records, Meetings; disclosure; exceptions to requirements ............................. SB 113
"GEORGIA DAY AT CAPITOL" Reenactment of presentation of Georgia's Charter ..................................................Page 203
GEORGIA MILITARY PENSION PLAN Georgia Military Pension Fund; certain active duty not break in service ....................HB 461

3508

INDEX

GEORGIA WORLD CONGRESS CENTER World Congress Center Overview Committee; additional members ...........................HB 225
GILMER COUNTY Ellijay-Gilmer County; water and sewerage authority; members ................................HB 795
GINGREY, U.S. CONGRESSMAN, PHIL; addressed Senate...............................Page 2403
GLYNN COUNTY Glynn County; board of education; amend provisions.................................................HB 391 Glynn County; community improvement district; create .............................................HB 523 Glynn County; sheriff's office; appointment of undersheriff .......................................HB 512 Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120
GORDON Gordon, City of; removal of city officer; required votes .............................................HB 971
GOVERNOR BARNES, ROY Acceptance; resignation from Senator Polak ...........................................................Page 3 Appointments; boards and commissions.................................................................Page 41 Appointments; boards and commissions, favorable report ......................................Page 2689 Appointments; confirmation ....................................................................... Pages 2720, 3374 Appointments; motion to confirm ............................................................................Page 2147 Vetoes 2002 Session ................................................................................................Page 32 Vetoes; 2002 Session, line item, appropriations ......................................................Page 27
GOVERNOR PERDUE, SONNY Addressed Senate .....................................................................................................Page 3580 Appointments; boards and commissions ..................................................................Page 2148 Appointments; boards and commissions; confirmation ...........................................Page 2418 Appointments; boards and commissions, favorable report ......................................Page 2400 Budget Act; continuation budget report; apply zero-base budgeting............................... SB 8 Cosmetic Dental Coverings; urge removal of unlicensed providers............................HR 228 Courts Technology Advisory Board and Council; successor to Georgia Courts Automation Commission .................................................................................. SB 306 Ethics in Government; amend provisions ....................................................................HB 771 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................. SB 109 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 General Assembly; Joint Session; Budget message ..................................................Page 69 General Assembly; Joint Session; Inauguration........................................................Page 15 General Assembly; Joint Session; State of State message ........................................Page 97

INDEX

3509

Georgia v. Ashcroft Redistricting Case; support of the Governor; urging the Attorney General to dismiss the appeal.......................................................................... SR 85 Governor; emergency powers; repeal certain powers relating to firearms..................... SB 92 Joint Session of General Assembly; message from Governor. ...................................... SR 20 Perpetrators of Felonies; local government rewards; remove limitation .....................HB 359 Student Achievement, Office of; duties; flexibility and accountability....................... SB 249
GOVERNOR; ORGANIZATION OF EXECUTIVE BRANCH Savannah River; urge bilateral port commission; GA/SC compact ............................. SR 240
GRADY COUNTY Grady County; Probate Court Judge; nonpartisan election .......................................... SB 368
GRAFFITI Criminal Trespass/Damage to Property; crime of possession of tools......................... SB 311 Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property ....................................................................................... SB 313 Graffiti; damage to property; programs for compensating owners, victims ................ SB 312 Nuisance Abatement; graffiti visible from adjoining public, private property ............ SB 310 Street Gangs; graffiti; violent acts; weapons possession; prohibitions ........................ SB 309
GRANTS HOPE Scholarships; private colleges; certain part-time eligibility..............................HB 341 Local Government Budgets and Audits; grant certification; amend provisions ..........HB 561
GRAY Gray, City of; change corporate limits ......................................................................... SB 378
GREENE COUNTY Greene County; homestead exemption; certain residents ..............................................HB 42 Greene County; homestead exemption; certain residents ..............................................HB 44 Law Enforcement Museum and Hall of Fame; support creation .................................HR 681
GREENSBORO Law Enforcement Museum and Hall of Fame; support creation .................................HR 681
GWINNETT COUNTY Designate; William Ira (W.I.) Still, Jr. Highway; Gwinnett County.............................. SR 60 Gwinnett County; sheriff's office; filling of vacancies ................................................ SB 154 Gwinnett Judicial Circuit; new judgeship; term beginning 1/1/04............................... SB 234 Gwinnett Judicial Circuit; new judgeship; term beginning 7/1/03............................... SB 235 MARTA; board of director; selected voting member of metro regional development center....................................................................................................... SB 384

3510

INDEX

H
HABEAS CORPUS Civil Actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction .................................................................................................... SB 337
HABERSHAM COUNTY Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120
HALL COUNTY Hall County; state court; add judge ..............................................................................HB 836 Phillips, Anne Chandler; Director of Elections in Hall County; commend ................... SR 57 Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120
HAMPTON Hampton, City of; elected officials serving on boards; repeal prohibition ..................HB 856 Hampton, City of; public facilities authority; create ....................................................HB 857
HANCOCK COUNTY Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328
HANDICAPPED PERSONS Death Investigations; patients receiving compensated care in facilities licensed by DHR ......................................................................................................... SB 111 Disabled Adults and Elder Persons; penalties; abuse, neglect, exploitation of.............. SB 12 Handicapped Parking; enforcement; change provisions .............................................. SB 302 License Plates; special; parents of persons with disabilities ........................................ SB 301 Medical Education and Physician Workforce; provisions .............................................HB 56 Medicare Prescription Drug Benefit Coverage; urge Congress to enact ....................... SR 49 Subsequent Injury Trust Fund Joint Study Committee; create.....................................HR 263 Volunteer Firemen Injured in Line of Duty; disability compensation .........................HB 166
HARALSON Haralson, City of; provide new charter ........................................................................ SB 388
HARALSON COUNTY Buchanan, City of; new City Hall; commend............................................................... SR 156
HARRIS COUNTY Harris County; board of education; nonpartisan elections ...........................................HB 765
HART COUNTY Hart County; board of education members; compensation .......................................... SB 252

INDEX

3511

Hart County; commissioner districts; reapportion .......................................................HB 921 Hart County; education districts; reapportion ..............................................................HB 920 Hart County; probate judge; chief magistrate; nonpartisan elections .......................... SB 332 Hart County; recognize 150th anniversary..................................................................... SR 45
HAZARDOUS MATERIALS; SPILLS OR RELEASES Environmental Policy; regulatory decisions; publication requirements....................... SB 172
HEALTH (Also see Mental Health; Human Resources; Hospitals; Nursing Homes) Adoptions; access to vital records; placement of child following order terminating parental rights; original birth certificates.................................................. SB 192 Assault; person with HIV/hepatitis endangering peace/correction officers................... SB 20 Blue Ribbon Commission on Response, Investigation, Prosecution of Sexual Assault Offenses ............................................................................................................ SR 35 Breathe Georgia Day at the State Capitol; recognize................................................... SR 158 Children's Vision Improvement/Learning Readiness Act; eye exams for children entering first grade ......................................................................................... SB 242 College Students; vaccination against meningococcal meningitis.............................. SB 266 Colleges; meningococcal meningitis; vaccinations......................................................HB 521 Commercial Motor Vehicles and School Buses; prohibitions ..................................... SB 173 Commission on Men's Health; presiding officer; term ..................................................HB 45 Community Health Centers in Medically Underserved Areas; recognizing ................. SR 54 Community Living or Drug Abuse Treatment Facilities; licensure; violations ........... SB 264 County and Municipal Hospital Authorities; financial aid; critical shortages .............HB 372 Death Investigations; patients receiving compensated care in facilities licensed by DHR .......................................................................................................... SB 111 Death Investigations; persons receiving "compensated care"; notification ................. SB 285 Emergency Management Employees and 911 Operators and Dispatchers; indemnification............................................................................................................. SR 213 Emergency Medical; automated external defibrillators; registration ........................... SB 265 Emergency Vehicles; Air Ambulance Services; licensure and regulation...................... SB 7 Environmental Policy; regulatory decisions; publication requirements....................... SB 172 Eye Bank Operators; amend provisions .........................................................................HB 54 Family/Children Services; establish separate department and agency......................... SB 241 Georgia Emergency Medical Services Medical Directors Advisory Council................ SB 81 Georgia Emergency Operations Plan; unified incident command system; training emergency response personnel........................................................................ SB 243 Georgia Seniors Prescription Drug Benefit Program Act; establish ............................ SB 112 Health Care Services; Spending Account and Consumer Driven Health Plan Advancement Act ......................................................................................................... SB 329 Health Insurance; covered benefits; off-label prescription drugs .................................. SB 96 Hospital Care for Nonresident Indigents; reimbursement by counties; funds ............. SB 171 Hospital Indigent Care Funding Study Committee; create........................................... SR 416

3512

INDEX

Human Cloning Prohibition Act; urge passage by U.S. Senate .................................. SR 266 Indemnification of Emergency Personnel, Joint Study Committee; create.................. SR 212 Livestock; control of contagious diseases, chemicals, poisons, toxins; notices and reports of suspicious illnesses; violations.............................................................. SB 183 Long-Term Care Services; in-home and community based care; consumer choice and control; Independence Plus Act ................................................................. SB 170 Marriage Licenses; repeal testing for syphilis requirements........................................ SB 190 Medicaid; managed care; medically necessary health care pilot program ................... SB 315 Medical Education and Physician Workforce; provisions .............................................HB 56 Medical Liability Insurance; affordability problems; Medical Malpractice Market Stability Act ..................................................................................................... SB 355 Medicare Prescription Drug Benefit Coverage; urge Congress to enact ....................... SR 49 Nurses, Advanced Practice Registered; prescriptive authority ...................................... SB 36 Nursing Home Provider Fee Act; enact .......................................................................HB 526 OCGA; Conform References to House and Senate Committee Names.......................HB 846 Partnership for Health and Accountability; commend ................................................. SR 203 Patient Safe Prescription Drug Act; regulate electronically transmitted data; patient's choice of retail pharmacy ............................................................................... SB 179 Patient's Right Under Managed Health Care Plans; medically necessary and appropriate care; define terms ...................................................................................... SB 314 Prescription Drugs by Mail; enrollees in HMO health benefit plans ........................... SB 145 Prescription Drugs for Seniors, Joint Study Committee; create..................................... SR 55 Regulatory Reform Act ................................................................................................ SB 361 Rural Health Association and Rural Health Day; commend........................................ SR 204 Septic Tank Waste; disposal sites; handling facilities ................................................. SB 176 Sewage On-Site Management Systems; DHR authorization; state-wide regulations; reduced trench length ............................................................................... SB 367 Soil Investigation; soil classifiers for on-site sewage management sites; standards, qualifications ............................................................................................... SB 129 State Employees; consumer driven health plan option (CDHP) .................................. SB 344 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Tort Immunity; federal smallpox vaccination program; hospitals, health care providers....................................................................................................................... SB 336 Toxic Mold Study Committee; creating ......................................................................... SR 22 Use of Public Money for Public Health/Social Services by Religious or Sectarian Organizations.................................................................................................... SR 1 Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333 Vital Records; birth certificate in legitimations, paternity, adoptions ......................... SB 263 Woman's Right To Know Act; Medical Consent Law; abortion procedures; 24 hour waiting period following disclosure.................................................................. SB 23

INDEX

3513

HEALTH INSURANCE Accident and Sickness Insurance; franchise group plan; provisions ...........................HB 619 Health Benefits; failure to pay; penalty not applicable to cap......................................HB 259 Health Care Claims Filed Electronically; expedited process ....................................... SB 350 Health Insurance Identification Cards; not showing social security number ...............HB 721 Health Insurance; covered benefits; off-label prescription drugs .................................. SB 96 Health Insurance; state employees not covered by federal insurance plan .................. SB 282 Health Insurers; Consumer Choice of Benefits Health Plan Act ................................... SB 50 Hospital Indigent Care Funding Study Committee; create........................................... SR 416 Managed Health Care Plans; independent review; state employees ............................HB 697 Medicaid; managed care; medically necessary health care pilot program ................... SB 315 Patient's Right Under Managed Health Care Plans; medically necessary and appropriate care; define terms ...................................................................................... SB 314 Prescription Drugs by Mail; enrollees in HMO health benefit plans ........................... SB 145 State Benefits Plans; include employees of critical access hospitals, federally qualified health centers, and community service boards..............................................HB 638 State Employees' Health Insurance; agricultural commodity commission staff ..........HB 147 State Employees; consumer driven health plan option (CDHP) .................................. SB 344
HEALTH PLANNING; CERTIFICATE OF NEED (Also see Hospitals) Regulatory Reform Act ................................................................................................ SB 361
HEALTH; GENERAL PROVISIONS Children's Vision Improvement/Learning Readiness Act; eye exams for children entering first grade ......................................................................................... SB 242 Family/Children Services; establish separate department and agency......................... SB 241
HEARING AID DEALERS AND DISPENSERS Health Care Protection Act; health care licensing violations; penalties ...................... SB 162 State Licensing Boards; reduce number of members...................................................HB 597
HIGHWAYS, BRIDGES, AND FERRIES (Also see Transportation; Public Utilities) Commercial Motor Vehicles and School Buses; prohibitions ..................................... SB 173 Designate; Albert Shelton Swindell Memorial Highway.............................................HR 131 Designate; Billy Jiles Memorial Highway; Carroll County ......................................... SR 293 Designate; Burke (County) Veterans Parkway to honor military veterans .................. SR 184 Designate; Byrd M. Bruce Interchange; Jefferson ......................................................... SR 90 Designate; Charles F. Hatcher Highway ......................................................................HR 212 Designate; Charles F. Hatcher Highway; Baker County.............................................. SR 229 Designate; Dan J. DeLoach Highway; Echols County................................................... SR 69 Designate; Dean Bryant Intersection............................................................................HR 146 Designate; Dean Bryant Intersection; Lumpkin County ................................................ SR 23 Designate; Dixie Highway Auto Trail; NW Georgia and north metro roads............... SR 171

3514

INDEX

Designate; Earl Paulk Parkway; DeKalb County........................................................... SR 38 Designate; Gamaliel Hilson Memorial Overpass.........................................................HR 406 Designate; Harold Mann Memorial Interchange............................................................HR 81 Designate; Jack Connell Parkway ................................................................................HR 104 Designate; Jim Gillis-Historic Savannah Parkway.........................................................HR 88 Designate; John D. Smith Highway; Paulding County ................................................ SR 301 Designate; Judge Jim Weeks Intersection ....................................................................HR 591 Designate; Keith Kalland Connector............................................................................HR 132 Designate; Lt. Col. Doyce Ariail Highway ..................................................................HR 128 Designate; Martin Luther King, Jr., Bypass .................................................................HR 115 Designate; Michael B. Mundy Memorial Bridge; Pickens County.............................. SR 299 Designate; Robert Henry Jordan Memorial Highway ....................................................HR 25 Designate; Robert Ray Parkway...................................................................................HR 257 Designate; Rod Smith Memorial Garden; in median of Jesse Jewell Parkway ...........HR 175 Designate; Shelton Isaiah DeLoach Memorial Bridge.................................................HR 129 Designate; Sheriff-Elect Derwin Brown Memorial Bridge..........................................HR 106 Designate; Sonny Dixon Interchange...........................................................................HR 213 Designate; Sonny Kemp Intersection; Hall County .......................................................HR 28 Designate; Staff Sgt. Avely W. Runnels Memorial Highway......................................HR 107 Designate; Thelma 'T-Lady' Ross Bridge; Bibb County ................................................ SR 67 Designate; transportation facilities; Jasper; Meriwether; Peach Counties ................... SR 150 Designate; Veterans Memorial Highway; Banks County veterans; commend ..............HR 90 Designate; William S. Hutchings Bridge; Bibb County................................................. SR 66 Drivers; proper use of radios and mobile telephones ................................................... SB 146 Electric Assistive Mobility Device and Certain Motor Driven Cycles; lights on garbage trucks; regulate ............................................................................................ SB 37 Firearms; certain unauthorized possession; affirmative defense..................................HB 397 Funds for Public Roads; allocation; balancing federal/state funds between congressional districts; percentage............................................................................... SB 110 Georgia's Transportation Needs, Study Committee; create.......................................... SR 422 Highways and Motor Vehicles; overweight assessments, hybrid vehicles, speed limit in work zones, speed detection devices .....................................................HB 719 Highways; billboards; repeal tree trimming permits; change provisions to Roadside Enhancement and Beautification Council .................................................... SB 334 Highways; use of emergency lanes; transit buses; metro Atlanta area......................... SB 256 Joint MARTA Finance Study Committee; create ........................................................HR 397 King, Horace, Master Builder of Covered Bridges; tribute to ....................................... SR 99 License Plates; special; "Share the Road" message ..................................................... SB 283 Mass Transportation Service; increase limit of state funds..........................................HB 263 Motor Fuel Tax; prepaid tax.........................................................................................HB 504 Motor Fuel/Road Taxes; change certain definitions ...................................................... SB 67 Motor Vehicle License; fees and classes of agricultural vehicles; definitions .............. SB 59 Motorcycle Operators; protective headgear devices .................................................... SB 138

INDEX

3515

Public Transportation Funds; allocation among congressional districts ........................ SB 79 Public Transportation Funds; expenditures; state/federal funds remove MARTA ....................................................................................................................... SB 127 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 Sales Tax on Motor Fuel; proceeds for local assistance road programs ...................... SR 159 Soil Erosion Control; exemption; public roadway drainage structures........................ SB 122 State Road and Tollway Authority; limit use and disposition of toll revenues; provide commissioner authority to appoint/employ investigators ............................... SB 221 State Road and Tollway Authority; public-private initiative proposals ....................... SB 257 Subdivisions Accessing State Highway System; Department of Transportation approval ...............................................................................................HB 321 Teleworking Study Commission; create ...................................................................... SR 447 Tollways; causeway to barrier islands; exemption for certain residents ......................HB 503 Transportation Department; employment of investigators........................................... SB 307 Transportation Department; peace officers as nonuniform investigators .................... SB 271 Uniform Rules of the Road; motor vehicles; reduce speed when passing certain stationary vehicles ............................................................................................HB 457 Vehicles Stopped by Law Enforcement During Nighttime Hours; driver and passengers remain in vehicle............................................................................................ SB 6 Vehicular Homicide in the Second Degree; change provisions ................................... SB 227
HILL, MATTHEW; Sergeant at Arms; election .......................................................Page 11
HOME SCHOOLING (Also see Education) Students in Home Study Programs; extracurricular programs; public schools ............ SB 210
HOMESTEAD EXEMPTION - LOCAL Clay County; homestead exemption; certain residents.................................................HB 669 Dawson County; homestead exemptions; certain residents .........................................HB 754 DeKalb County; homestead exemption; base year assessed value...............................HB 661 DeKalb County; homestead exemption; base year assessed value...............................HB 662 Fulton County; ad valorem; homestead exemption; senior citizens............................. SB 142 Fulton County; homestead exemption; base year assessed value.................................HB 928 Fulton County; homestead exemption; base year assessed value.................................HB 929 Greene County; homestead exemption; certain residents ..............................................HB 42 Greene County; homestead exemption; certain residents ..............................................HB 44 Lake City, City of; homestead exemption ....................................................................HB 403 Lyons, City of; homestead exemption; base year assessed value.................................HB 780 Quitman County; homestead exemption; certain residents ..........................................HB 667 Randolph County; homestead exemption; certain residents ........................................HB 399 Santa Claus, City of; homestead exemption; base year assessed value........................HB 785 Toombs County; homestead exemption; base year assessed value ..............................HB 782

3516

INDEX

Toombs County; homestead exemption; base year assessed value ..............................HB 786 Vidalia, City of; homestead exemption; base year assessed value...............................HB 783 Vidalia, City of; homestead exemption; base year assessed value...............................HB 784 Whitfield County; homestead exemption; certain residents.........................................HB 915
HOMICIDE Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Life Without Parole; imposed in certain cases under certain circumstances ............... SB 149 Vehicular Homicide in the Second Degree; change provisions ................................... SB 227
HOSPITALS; OTHER HEALTH CARE FACILITIES (Also see Nursing Homes) Abandoned Child Protection Act; newborns left at medical facilities; penalty ........... SB 186 Blue Ribbon Commission on Response, Investigation, Prosecution of Sexual Assault Offenses............................................................................................................. SR 35 Community Living or Drug Abuse Treatment Facilities; licensure; violations ........... SB 264 County and Municipal Hospital Authorities; financial aid; critical shortages .............HB 372 Criminal Records; disclosure; caring for children, elderly, or mentally ill.................... SB 22 Death Investigations; patients receiving compensated care in facilities licensed by DHR .......................................................................................................... SB 111 Death Investigations; persons receiving "compensated care"; notification ................. SB 285 Emergency Vehicles; Air Ambulance Services; licensure and regulation...................... SB 7 Eye Bank Operators; amend provisions .........................................................................HB 54 Georgia Emergency Medical Services Medical Directors Advisory Council................ SB 81 Health Care Claims Filed Electronically; expedited process ....................................... SB 350 Health Care Services; Spending Account and Consumer Driven Health Plan Advancement Act ......................................................................................................... SB 329 Hospital Care for Nonresident Indigents; reimbursement by counties; funds ............. SB 171 Hospital Indigent Care Funding Study Committee; create........................................... SR 416 Medical Liability Insurance; affordability problems; Medical Malpractice Market Stability Act ..................................................................................................... SB 355 Medical Malpractice Insurance Premium Reform Act................................................. SB 358 Patient's Right Under Managed Health Care Plans; medically necessary and appropriate care; define terms ...................................................................................... SB 314 State Benefits Plans; include employees of critical access hospitals, federally qualified health centers, and community service boards..............................................HB 638 State Employees; consumer driven health plan option (CDHP) .................................. SB 344 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Tort Immunity; federal smallpox vaccination program; hospitals, health care providers....................................................................................................................... SB 336 Torts; immunity; medical or forensic examiners of sexual assault victims ................... SB 25

INDEX

3517

Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333 Woman's Right To Know Act; Medical Consent Law; abortion procedures; 24 hour waiting period following disclosure.................................................................. SB 23
HOTELS, MOTELS, INNS, AND ROADHOUSES Hotels, Motels; excessive room rates during special sporting events .......................... SB 150 Winecoff Hotel, Joint Study Committee on the Rehabilitation of; create.................... SR 303
HOUSE OF REPRESENTATIVES Adjournment; relative to ................................................................................................HR 31 Adjournment; relative to ..............................................................................................HR 360 Carter, President Jimmy; Nobel Laureate; address joint session .................................HR 545 Election Districts; legislative and congressional reapportionment; specify requirements; community of interest.............................................................................. SB 91 House of Representatives; reapportionment; election from single-member districts ......................................................................................................................... SR 108 Joint Session; Governor's message.................................................................................HR 12 Joint Session; message from Chief Justice of Supreme Court .......................................HR 32 Murphy, Thomas B.; former Speaker of the House; honoring...................................... SR 52 Notify Senate; House convened .......................................................................................HR 9 Richardson, Honorable Eleanor L.; recognize ............................................................. SR 245
HOUSING (Also see Buildings and Housing) Fair Lending Act; amend provisions ............................................................................HB 142 Housing Tax Credits; qualified projects; credit amounts.............................................HB 537 Property Involved with Illegal Drug Activities; enhanced penalties ........................... SB 324
HOUSTON COUNTY Houston County High School Future Farmers of America; commend ........................ SR 104
HUMAN RESOURCES, DEPARTMENT OF Adoptions/Child-Placing Agencies; records access; birth records; practices ................ SB 55 Children and Youth Welfare Services, Improvement Plans; study committee ............ SR 281 Children in Protective Services; conviction data relevant to adult contacts ................ SB 200 Community Living or Drug Abuse Treatment Facilities; licensure; violations ........... SB 264 Emergency Medical; automated external defibrillators; registration ........................... SB 265 Emergency Vehicles; Air Ambulance Services; licensure and regulation...................... SB 7 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Family/Children Services; establish separate department and agency......................... SB 241 Federal Food Stamp Program for Low-Income Georgians; urge DHR adopt options to provide access.............................................................................................. SR 228

3518

INDEX

Georgia Emergency Medical Services Medical Directors Advisory Council................ SB 81 Juvenile Proceedings; placement of child after termination order; options ................. SB 236 Long-Term Care Services; in-home and community based care; consumer choice and control; Independence Plus Act ................................................................. SB 170 Nurses, Advanced Practice Registered; prescriptive authority ...................................... SB 36 Prescription Drugs; Georgia Rx Plan for Seniors Act.................................................. SB 304 Septic Tank Waste; disposal sites; handling facilities ................................................. SB 176 Sewage On-Site Management Systems; DHR authorization; state-wide regulations; reduced trench length ............................................................................... SB 367 Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333 Woman's Right To Know Act; Medical Consent Law; abortion procedures; 24 hour waiting period following disclosure.................................................................. SB 23
HUNTING (Also see Game and Fish) Hunting and Fishing; amend license provisions; hunting alligators and certain other wildlife; amend regulations.....................................................................HB 815
I
INCOME TAX (Also see Taxation and Revenue) Greenspace Trust Fund; taxpayer voluntary income tax contributions........................ SB 247 Income Tax Credit; certain businesses creating full-time jobs ....................................HB 422 Income Tax Credit; certain headquarters; creation of full-time jobs ...........................HB 492 Income Tax; claim for refund; filing date ....................................................................HB 469 Income Tax; estimated tax; underpayment amount......................................................HB 468 Income Taxes; change certain definitions ...................................................................... SB 66 Income Taxes; jobs tax credits; designation of counties as less developed areas; business closings in areas comprising military bases .......................................... SB 11 Limitation on State Taxation, Spending, and New or Expanded Activities; revenue limits; excess revenues; emergencies ............................................................. SR 163 Nuisance Abatement Liens; collection procedures; foreclosures ................................ SB 182 Revenue Bonds; hedge contracts; powers of governmental bodies .............................HB 544 Revenue Commissioner; powers and duties; tax executions; tax liabilities.................HB 556 Tax Penalties; false claims of independent contractor status....................................... SB 106 Taxable Net Income; exclude certain military pay.......................................................HB 383
INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES Emergency Management Employees and 911 Operators and Dispatchers; indemnification............................................................................................................. SR 213 Emergency Management Employees, 911 Operators or Dispatchers; indemnification............................................................................................................. SB 218 Indemnification of Emergency Personnel, Joint Study Committee; create.................. SR 212

INDEX

3519

Terrorism Prevention; rename Organized Crime Prevention Council; powers and duties; Airport Anti-Terrorism Training................................................................ SB 187 Volunteer Firemen Injured in Line of Duty; disability compensation .........................HB 166
INDIGENT AND ELDERLY PATIENTS Community Living or Drug Abuse Treatment Facilities; licensure; violations ........... SB 264 County Law Libraries; board of trustees; DA membership; funds ................................ SB 83 Death Investigations; patients receiving compensated care in facilities licensed by DHR .......................................................................................................... SB 111 Death Investigations; persons receiving "compensated care"; notification ................. SB 285 Hospital Care for Nonresident Indigents; reimbursement by counties; funds ............. SB 171 Hospital Indigent Care Funding Study Committee; create........................................... SR 416 Nursing Home Provider Fee Act; enact .......................................................................HB 526
INDIGENTS; LEGAL DEFENSE County Law Libraries; board of trustees; DA membership; funds ................................ SB 83 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 Indigent Defense Act; circuit public defenders; mental health advocacy....................HB 770
INDUSTRIAL LOANS Payday Lending; deferred presentment or advance cash services; regulate................. SB 157
INFECTIOUS DISEASES Colleges; meningococcal meningitis; vaccinations......................................................HB 521
INSURANCE Accident and Sickness Insurance; franchise group plan; provisions ...........................HB 619 Criminal Records; disclosure; caring for children, elderly, or mentally ill.................... SB 22 Emergency Management Employees and 911 Operators and Dispatchers; indemnification............................................................................................................. SR 213 Fireworks, Pyrotechnics; public displays; audience; site permits, licensure................ SB 213 Health Benefits; failure to pay; penalty not applicable to cap......................................HB 259 Health Care Claims Filed Electronically; expedited process ....................................... SB 350 Health Care Services; Spending Account and Consumer Driven Health Plan Advancement Act ......................................................................................................... SB 329 Health Insurance Identification Cards; not showing social security number ...............HB 721 Health Insurance; covered benefits; off-label prescription drugs .................................. SB 96 Health Insurance; state employees not covered by federal insurance plan .................. SB 282 Health Insurers; Consumer Choice of Benefits Health Plan Act ................................... SB 50 Housing Tax Credits; qualified projects; credit amounts.............................................HB 537 Insurance Commissioner; time period to approve rate filings, rating plans, underwriting rules ........................................................................................................ SB 238

3520

INDEX

Insurance Fraud; sales of coverage for unauthorized insurer; filing false material statement.........................................................................................................HB 598 Insurance Underwriting or Rating; credit and credit scoring; provisions ....................HB 215 Insurance; individual deferred annuities; nonforfeiture rate ........................................ SB 166 Insurers; require publication of annual financial statement ......................................... SB 237 Life Insurance; insurable interest on employee by corporation; consent of insured .......................................................................................................................... SB 156 Managed Health Care Plans; independent review; state employees ............................HB 697 Medicaid; claims to recover cost of care from at fault third party; liability................. SB 191 Medicaid; managed care; medically necessary health care pilot program ................... SB 315 Medical Liability Insurance; affordability problems; Medical Malpractice Market Stability Act ..................................................................................................... SB 355 Medical Malpractice Insurance Premium Reform Act................................................. SB 358 Motor Vehicles; registration and insurance provisions; amend ...................................HB 191 Municipalities; lease property to certain nonprofit corporation...................................HB 423 Patient's Right Under Managed Health Care Plans; medically necessary and appropriate care; define terms ...................................................................................... SB 314 Prescription Drugs by Mail; enrollees in HMO health benefit plans ........................... SB 145 Property and Casualty Insurance Rates, Filing and Approval Process; Committee to Study..................................................................................................... SR 445 RICO Act; redefine racketeering activity; include insurance fraud .............................HB 236 State Employees' Health Insurance; certain community service retirees .....................HB 594 Structural Pest Control Companies; insurance requirements .......................................HB 307 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Toxic Mold Study Committee; creating ......................................................................... SR 22 Unemployment Benefits; eligibility; military transfer of spouse .................................HB 117 Vehicle Liability Insurance; cancellation by active duty military personnel on foreign assignment .................................................................................................. SB 280 Vehicle Protection Product Act; enact .........................................................................HB 688
INTANGIBLE TAXATION Intangible Taxes; real estate transfer tax; change certain provisions............................. SB 69 Real Estate Transfer Tax; exemptions; certain instruments, deeds or writings; corporations, partnerships and certain trustees .............................................................. SB 97
INTEREST AND USURY (Also see Banking and Finance) Banking and Finance; regulations; comprehensive revisions ........................................ SB 78 Greenspace Trust Fund; interest; expenditure provisions ............................................HB 314 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133

INDEX

3521

INVASION OF PRIVACY Peeping Toms; spying upon or invading the privacy of another.................................. SB 151
IRWIN COUNTY Irwin County; board of education; compensation ........................................................HB 443
ISAKSON, JOHNNY; U.S. CONGRESSMAN; addressed Senate ........................Page 312
J
JACKSON COUNTY Jackson County; airport authority; amend provisions ..................................................HB 974 Jackson County; probate judge, chief magistrate; nonpartisan elections ..................... SB 288
JACKSON, ROY President, Georgia Association of Black State Universities; addressed Senate.......Page 137
JAILS County Jails; full-time dispatcher as full-time jailer under certain conditions ............ SB 296 Jail Booking Fees; jail and pretrial detention facility; imposition, collection in traffic court............................................................................................................... SB 269 Peace Officers' Benefit Fund; membership; county jail officers.................................. SB 189 Peace Officers; training expenses; reimbursement by hiring agency........................... SB 215
JASPER COUNTY Designate; certain transportation facilities................................................................... SR 150 Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120
JEFFERSON, CITY OF Designate; Byrd M. Bruce Interchange; Jefferson ......................................................... SR 90 Jefferson, City of; levy tax for school system ..............................................................HB 948
JOHNSON COUNTY Johnson County; board of commissioners; staggered terms ........................................HB 996
JONES COUNTY Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328 Jones County; commissioner districts; reapportion......................................................HB 979 Jones County; education districts; reapportion ............................................................HB 847
JUDGES (Also see Courts) Administrative Law Judge; contested cases; submission of testimony........................ SB 319

3522

INDEX

Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................. SB 109 Ethics; campaign contributions for judicial offices; prohibitions .................................. SB 72 Gwinnett Judicial Circuit; new judgeship; term beginning 1/1/04............................... SB 234 Gwinnett Judicial Circuit; new judgeship; term beginning 7/1/03............................... SB 235 Juvenile Court Judges; compensation from state funds; adjustment............................HB 502 Life Without Parole; imposed in certain cases under certain circumstances ............... SB 149 Probate Court Judges; nonpartisan election ................................................................. SR 277 Sheriff, Office of; nonpartisan elections ........................................................................ SB 26
JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA Judges of the Probate Courts Retirement; application; date of benefits ......................HB 270
JUDICIAL CIRCUITS Clayton Judicial Circuit; judges; allocation of duties ..................................................HB 167 County Law Libraries; board of trustees; DA membership; funds ................................ SB 83 Criminal Procedure; demand for trial; time expiration; appeals .................................... SB 45 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Gwinnett Judicial Circuit; new judgeship; term beginning 1/1/04............................... SB 234 Gwinnett Judicial Circuit; new judgeship; term beginning 7/1/03............................... SB 235 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102
JUDICIAL RETIREMENT SYSTEM Assistant District Attorneys; retirement; prior service credit....................................... SB 318
JURIES Trial Juries; size of panels; jury selection; number of peremptory strikes.................... SB 27
JUVENILE PROCEEDINGS (Also see Minors; Courts) Abortion; proper identification to physician; minor's parent or guardian .................... SB 240 Adoptions/Child-Placing Agencies; records access; birth records; practices ................ SB 55 Adoptions; access to vital records; placement of child following order terminating parental rights; original birth certificates.................................................. SB 192 Child Support/Custody Issues; deprived child; juvenile court jurisdiction.................... SB 80 Children and Youth Welfare Services, Improvement Plans; study committee ............ SR 281 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 Juvenile Court Judges; compensation from state funds; adjustment............................HB 502 Juvenile Proceedings; delinquent acts; discovery and inspection; disclosure of evidence and reciprocal discovery; witnesses.......................................................... SB 116 Juvenile Proceedings; deprived children; order of disposition; time period ................ SB 148

INDEX

3523

Juvenile Proceedings; disposition and evidence against child in civil action ................ SB 48 Juvenile Proceedings; placement of child after termination order; options ................. SB 236 Juvenile Proceedings; redefine child; include status offender .....................................HB 470
K
KENNESAW, CITY OF Gateway Regional Information Center, Inc.; Cobb County public rest stops ..............HB 916 Kennesaw, City of; corporate limits.............................................................................HB 693
KIDNAPPING Life Without Parole; imposed in certain cases under certain circumstances ............... SB 149
KING, DR. MARTIN LUTHER, JR. Designate; Martin Luther King, Jr., Bypass .................................................................HR 115
KINGSTON, JACK; U.S. CONGRESSMAN; recognize.......................................Page 271
L
LA GRANGE, CITY OF City of LaGrange Gas Authority Act ........................................................................... SB 158 City of LaGrange Gas Authority; create ......................................................................HB 673
LABOR AND INDUSTRIAL RELATIONS (Also see Employment; Workers' Compensation)
Employment Security Law; unemployment compensation; excluded services............ SB 160 Ethics; Labor and Employer Campaign Finance Reform Act........................................ SB 40 Subsequent Injury Trust Fund Joint Study Committee; create.....................................HR 263 Supplemental Appropriation; Department of Labor ....................................................HB 735 Unemployment Benefits; eligibility; military transfer of spouse .................................HB 117 Unemployment Compensation Fund; administrative assessment; allocations............. SB 165 Unemployment Compensation; employer contribution rates; extend reduction; extend suspension of the surcharge............................................................. SB 167 Unemployment Compensation; state-wide reserve ratio; employer rate...................... SB 164 Wages paid by State Contractors or Subcontractors; living wage requirement ........... SB 303 Workers' Compensation; notices; medical treatment; disability; benefits ................... SB 233
LAKE CITY, CITY OF Lake City, City of; homestead exemption ....................................................................HB 403

3524

INDEX

LAND (Also see Property) Ad Valorem Tax; bona fide conservation use property; riverside or streamside land; local sales taxes; prohibition; exception............................................HB 290
LANDLORD AND TENANT (Also see Buildings and Housing) Landlord/Tenant; dispossessory proceedings; abandoned property; time.................... SB 316 Property Involved with Illegal Drug Activities; enhanced penalties ........................... SB 324
LAURENS COUNTY Laurens County; board of education; elections............................................................HB 970
LAVONIA, CITY OF Lavonia, City of; 125th Anniversary; celebrate ........................................................... SR 314 Lavonia, City of; corporate limits ................................................................................HB 910
LAW ENFORCEMENT OFFICERS AND AGENCIES Appeals in Death Penalty Cases; new trial; request DNA testing and analysis ........... SB 119 Assault; person with HIV/hepatitis endangering peace/correction officers................... SB 20 Blue Ribbon Commission on Response, Investigation, Prosecution of Sexual Assault Offenses............................................................................................................. SR 35 Child Abuse Records; prohibited disclosure when criminal action is pending............ SB 199 Cigar and Cigarette Taxes; loose or smokeless tobacco; impose excise tax................HB 379 Commercial Motor Vehicles and School Buses; prohibitions ..................................... SB 173 County Jails; full-time dispatcher as full-time jailer under certain conditions ............ SB 296 Courts Technology Advisory Board and Council; successor to Georgia Courts Automation Commission .................................................................................. SB 306 Criminal Justice Agencies; limit certain data to Georgia Crime Information Center; certain warrants ...............................................................................................HB 140 Criminal Records; disclosure; caring for children, elderly, or mentally ill.................... SB 22 Criminal Records; nation-wide background checks; child care and elder care providers including volunteers with youth activities ................................................... SB 198 DUI Alcohol/Drugs; new offense of refusal to submit chemical testing ....................... SB 13 DUI; prohibitions, punishment; revise and harmonize provisions................................. SB 75 Electric Assistive Mobility Device and Certain Motor Driven Cycles; lights on garbage trucks; regulate ............................................................................................ SB 37 Emergency Management Employees and 911 Operators and Dispatchers; indemnification............................................................................................................. SR 213 Emergency Management Employees, 911 Operators or Dispatchers; indemnification............................................................................................................. SB 218 Emergency Vehicles; Air Ambulance Services; licensure and regulation...................... SB 7 Employee's Retirement; benefits for certain law enforcement officers, troopers and GBI agents; age 55 or 25 years................................................................ SB 152 Employees' Retirement; law enforcement personnel; enhanced benefits.................... SB 212

INDEX

3525

Family Violence and Stalking Protective Order Registry; updating certain information; sheriff's duties.......................................................................................... SB 123 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Georgia Emergency Operations Plan; unified incident command system; training emergency response personnel........................................................................ SB 243 Identity Fraud; violations; law enforcement investigations; victims damages ............ SB 349 Indemnification of Emergency Personnel, Joint Study Committee; create.................. SR 212 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 Indigent Defense Act; circuit public defenders; mental health advocacy....................HB 770 Internet/Computer Safety Act; offenses of internet contact with a child ..................... SB 103 Law Enforcement Agencies; emergency response; vehicular pursuit policies ............ SB 292 Law Enforcement Museum and Hall of Fame; support creation .................................HR 681 Law Enforcement Officers or Agents; retirement benefits .......................................... SB 114 Life Without Parole; imposed in certain cases under certain circumstances ............... SB 149 Offense of Fleeing a Pursuing Police Vehicle or Police Officer; punishment............. SB 188 Offense of Fleeing or Attempting to Elude a Police Officer; penalties ....................... SB 297 Peace Officer/Prosecutor Training Fund; accounting of all deposits............................. SB 46 Peace Officers' Annuity and Benefit Fund; increase dues ...........................................HB 268 Peace Officers' Benefit Fund; membership; county jail officers.................................. SB 189 Peace Officers; training expenses; reimbursement by hiring agency........................... SB 215 Public Records, Meetings; disclosure; exceptions to requirements ............................. SB 113 Public Safety Employees Day; commend....................................................................... SR 98 Sheriffs Engaging in Certain Businesses; violation of oath of office ..........................HB 415 State Fire Marshal/Staff; investigatory powers; arrests; search warrants .................... SB 345 Stopping of Motorist by Law Enforcement; probable cause; racial profiling restrictions; officer training............................................................................................ SB 95 Terrorism Prevention; rename Organized Crime Prevention Council; powers and duties; Airport Anti-Terrorism Training................................................................ SB 187 Torts; immunity; medical or forensic examiners of sexual assault victims ................... SB 25 Transportation Department; employment of investigators........................................... SB 307 Transportation Department; peace officers as nonuniform investigators .................... SB 271 Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333 Vehicles Stopped by Law Enforcement During Nighttime Hours; driver and passengers remain in vehicle............................................................................................ SB 6
LAWS AND STATUTES Regulatory Reform Act ................................................................................................ SB 361
LEDBETTER, DR. JIM; introduced ..........................................................................Page 993

3526

INDEX

LEE COUNTY Lee County; reimbursement for collecting school taxes ..............................................HB 958
LEGAL ADVERTISING Insurers; require publication of annual financial statement ......................................... SB 237
LI, EDWARD; Former VP of Interface China International; introduced ...................Page 823
LIABILITY AND LIABILITY INSURANCE Child Care Facilities; liability insurance coverage......................................................... SB 24 Day-Care Facilities; licensing; liability insurance required .........................................HB 433 Judicial Sales Later Rescinded; limitation of damages ................................................HB 301 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Vehicle Liability Insurance; cancellation by active duty military personnel on foreign assignment .................................................................................................. SB 280
LIBERTY COUNTY Liberty County; board of elections and registration; create; repeal certain Act...........HB 756 Liberty County; civil cases; technology fees................................................................HB 804 Liberty County; public facilities authority; create........................................................HB 944
LIBRARIES, LIBRARIANS Children's Internet Protection Act; safety policies in schools, libraries; conditional funding for computers ................................................................................. SB 52 State Licensing Boards; reduce number of members...................................................HB 597
LICENSE PLATES AND REGISTRATION (Also see Motor Vehicles) Commercial Motor Vehicles and School Buses; prohibitions ..................................... SB 173 Drivers' Licenses/Auto Insurance; forms of ID for noncitizens from FTAA member countries ......................................................................................................... SB 181 Highways and Motor Vehicles; overweight assessments, hybrid vehicles, speed limit in work zones, speed detection devices .....................................................HB 719 Highways; billboards; repeal tree trimming permits; change provisions to Roadside Enhancement and Beautification Council .................................................... SB 334 License Plates; prestige/special; honoring Masons; revenue to charities .................... SB 279 License Plates; special for professional sports team foundations ................................ SB 228 License Plates; special; "Share the Road" message ..................................................... SB 283 License Plates; special; parents of persons with disabilities ........................................ SB 301 Motor Vehicle License; fees and classes of agricultural vehicles; definitions .............. SB 59 Motor Vehicles; registration and insurance provisions; amend ...................................HB 191 Prestige/Special License Plates; veterans awarded Purple Heart; no charge ............... SB 120 Special License Plates Promoting Charitable Organizations, Foundations ................. SR 262

INDEX

3527

Uniform Rules of the Road; traffic-control signal monitoring devices; civil monetary penalties........................................................................................................HB 182
LICENSES (Also see Professions and Named Category) Adult Day Center for Aging Adults Licensure Act; enact ...........................................HB 318 Check Cashing Businesses; licensure; change certain exemption ...............................HB 680 Cigar and Cigarette Taxes; loose or smokeless tobacco; impose excise tax................HB 379 Day-Care Facilities; licensing; liability insurance required .........................................HB 433 Drivers' Licenses for Minors; amend provisions; driver training schools and commercial driver training schools ..............................................................................HB 447 Drivers' Licenses; certain out-of-state applicants; on-the-road driving test not required.........................................................................................................................HB 616 Drivers' Licenses; certain suspension; limited driving permits....................................HB 185 Hunting and Fishing; amend license provisions; hunting alligators and certain other wildlife; amend regulations.....................................................................HB 815 Licensing Boards; complaints against licensee; athletic trainers; licensing violations ......................................................................................................................HB 352 Motor Vehicle Franchises; warranty reimbursement agreements; enforce..................HB 581 Professional Counselors; licensing; exempt disaster relief services ............................HB 206 Real Estate Appraisers, Brokers, and Salespersons; amend provisions; community association managers.................................................................................HB 177 Sex Offender Registration; amend provisions .............................................................HB 463 State Licensing Boards; reduce number of members...................................................HB 597 Vehicle Protection Product Act; enact .........................................................................HB 688 Water Well Contractors; licensing; amend provisions.................................................HB 304 Wild Animal Permit; exempt Bengal cat......................................................................HB 227
LIEUTENANT GOVERNOR Joint Session; Inauguration of Governor and Lieutenant Governor ............................... SR 3 Mark Taylor; addressed Senate .................................................................................Page 1
LIMITED LIABILITY COMPANY ACT Banking and Finance; regulations; comprehensive revisions ........................................ SB 78 Corporations; reservation of names and filing fees; change provisions....................... SB 132
LIMOUSINE CARRIERS AND TAXICABS Limousine Carriers; annual inspection reports.............................................................HB 455
LIVESTOCK; PREVENTION AND CONTROL OF DISEASE Livestock; control of contagious diseases, chemicals, poisons, toxins; notices and reports of suspicious illnesses; violations.............................................................. SB 183

3528

INDEX

LOANS (Also see Banking; Mortgages) Payday Lending; deferred presentment or advance cash services; regulate................. SB 157
LOBBYING AND LOBBYISTS Ethics; campaign contribution disclosure reports; filing functions; transfer to State Ethics Commission.............................................................................................. SB 144 Ethics in Government; amend provisions ....................................................................HB 771 Ethics in Government; Financial Disclosure Reform Act of 2003; enact........................ SB 3 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................. SB 109
LOCAL GOVERNMENT (Also see Counties; Municipalities) Alcoholic Beverages; Sunday package sales................................................................ SB 300 Assistant District Attorneys; retirement; prior service credit....................................... SB 318 Building Permits Through Certain Electronic Media; application; payments ............... SB 39 Cable Television Systems; customer service requirements; enforcement ................... SB 220 County Law Libraries; board of trustees; DA membership; funds ................................ SB 83 Election; qualifying fees; county officials; calculation................................................ SB 153 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359 Emergency Management Employees and 911 Operators and Dispatchers; indemnification............................................................................................................. SR 213 Emergency Management Employees, 911 Operators or Dispatchers; indemnification............................................................................................................. SB 218 Enterprise Zones; additional qualifying businesses and services; enforcement of local codes; certain limitation ..................................................................................HB 748 Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property ....................................................................................... SB 313 Graffiti; damage to property; programs for compensating owners, victims ................ SB 312 Greenspace Trust Fund; interest; expenditure provisions ............................................HB 314 Greenspace Trust Fund; taxpayer voluntary income tax contributions........................ SB 247 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 Indigent Defense Act; circuit public defenders; mental health advocacy....................HB 770 Joint Development Authorities; county of this state and contiguous county of adjoining state; sports facility or amphitheater ............................................................HB 309 Limitation on State Taxation, Spending, and New or Expanded Activities; revenue limits; excess revenues; emergencies ............................................................. SR 163 Local Government Budgets and Audits; grant certification; amend provisions ..........HB 561 Local Government or Board of Education; contracts; bid opportunity advertisements; Georgia Procurement Registry ........................................................... SB 342 Local Government; internet request for proposals, notice of a pre-bid conference; contract/bid requirements ......................................................................... SB 365

INDEX

3529

Local Government; service delivery; coordinated/comprehensive planning ................. SB 35 Local Government; transfer of development rights; sending property; revise............... SB 86 Local Governments; financial transactions; annual audits...........................................HB 666 Municipal Charter Commissions; provide for the creation ............................................ SB 43 Municipal Corporate Boundaries; minimum distance requirements.............................. SB 42 Municipal Courts; collection of delinquent fines, costs; enforcement......................... SB 163 Municipalities; lease property to certain nonprofit corporation...................................HB 423 Nuisance Abatement Liens; collection procedures; foreclosures ................................ SB 182 OCGA; Conform References to House and Senate Committee Names.......................HB 846 Peace Officers; training expenses; reimbursement by hiring agency........................... SB 215 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 Revenue Bond Law; 'undertaking'; gas generation systems; remove referendum requirement; War on Terrorism Local Assistance Act ............................... SB 87 Revenue Bonds; issuance of obligations; change certain provisions........................... SB 274 Sales Tax on Motor Fuel; proceeds for local assistance road programs ...................... SR 159 Sales Tax; dealers' returns; retail sales tax data by location of sale ............................. SB 107 Septic Tank Waste; disposal sites; handling facilities ................................................. SB 176 Timber Harvesting Operations; local regulatory authority........................................... SB 207 Tire Scrap Disposal/Storage; county/municipality enforce ordinance ......................... SB 348 War on Terrorism Local Assistance Act; enact............................................................HB 595 Water Reservoirs; locally funded; state compensation to control, condemn ............... SB 246 Zoning Procedures; land adjacent military base, installation, or airport; Local Government Code Enforcement Boards Act................................................................ SB 261
LOCAL OPTION SALES TAX Local Sales Taxes; limitation; certain exclusions ........................................................HB 709
LOCUST GROVE, CITY OF Locust Grove, City of; elected officials; members, boards, commissions, authorities .....................................................................................................................HB 939
LOGANVILLE Loganville, City of; commend........................................................................................ SR 61
LONG COUNTY Long County; board of education; compensation ........................................................HB 710 Long County; probate judge; nonpartisan election ......................................................HB 584 Long County; probate judge; time of nonpartisan elections ........................................ SB 371
LOTTERY FOR EDUCATION HOPE Scholarships; private colleges; certain part-time eligibility..............................HB 341

3530

INDEX

HOPE Scholarships; summer school; remove restrictions; provide limitation on total number of semester/quarter hours ................................................................... SB 244 Improvement of the HOPE Scholarship Joint Study Commission; create ................... SR 220
LOWNDES COUNTY Lowndes County, board of commissioners; powers and duties ................................... SB 362 Lowndes County; board of commissioners; reapportion..............................................HB 896 Lowndes County; education districts; reapportion.......................................................HB 665
LULA Lula, City of; council districts; reapportion .................................................................HB 386
LUMPKIN COUNTY Designate; Dean Bryant Intersection; Lumpkin County ................................................ SR 23 Lumpkin County; board of elections and registration; create ......................................HB 682
LYONS Lyons, City of; homestead exemption; base year assessed value.................................HB 780
LYONS, JOHN; President of Interface China International; introduced....................Page 823
M
MACON COUNTY Macon County; board of commissioners; election of members; districts .................... SB 276 Macon County; board of education; election of members; revise districts .................. SB 275 Macon County; board of elections and registration; create......................................... HB 913 Macon County; board of elections and registration; create.......................................... SB 369 Public Property; conveyances....................................................................................... SR 121
MACON, CITY OF Macon, City of; water authority; political subdivision of state ................................... HB 988
MADISON COUNTY Madison County; probate judge, chief magistrate; nonpartisan elections.................... SB 373
MAGISTRATE COURTS County and State Ordinances; violation; increase penalty .......................................... HB 226 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102
MAJETTE, U.S. CONGRESSWOMAN, DENISE; addressed Senate ..................Page 1534

INDEX

3531

MALT BEVERAGES Alcoholic Beverages; consumption on premises; local authorization..........................HB 493 Alcoholic Beverages; redefine malt beverage..............................................................HB 645
MARIJUANA Drug Trafficking Prevention Act; penalties ................................................................. SB 284 Marijuana; reduce quantity for trafficking prosecution ...............................................HB 196
MARION COUNTY Marion County; board of elections and registration; create .........................................HB 850 Marion County; education districts; reapportion..........................................................HB 768
MARRIAGE AND FAMILIES (Also see Domestic Relations) Marriage Licenses; repeal testing for syphilis requirements........................................ SB 190
MARSHALL, JIM; U.S. CONGRESSMAN; addressed Senate...............................Page 833
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Funds for Public Roads; allocation; balancing federal/state funds between congressional districts; percentage............................................................................... SB 110 Highways; use of emergency lanes; transit buses; metro Atlanta area......................... SB 256 Joint MARTA Finance Study Committee; create ........................................................HR 397 MARTA; board of director; selected voting member of metro regional development center....................................................................................................... SB 384 MARTA; reserve funds; use of interest income for operating costs............................ SB 136 Mass Transportation Service; increase limit of state funds..........................................HB 263 Public Transportation Funds; allocation among congressional districts ........................ SB 79 Public Transportation Funds; expenditures; state/federal funds remove MARTA ....................................................................................................................... SB 127
MASS TRANSPORTATION Highways and Motor Vehicles; overweight assessments, hybrid vehicles, speed limit in work zones, speed detection devices .....................................................HB 719 Joint MARTA Finance Study Committee; create ........................................................HR 397 Mass Transportation Service; increase limit of state funds..........................................HB 263 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ..................................................... SB 273 State Road and Tollway Authority; public-private initiative proposals ....................... SB 257
MCDUFFIE COUNTY Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328 McDuffie County; probate judge; nonpartisan elections .............................................HB 888 Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120

3532

INDEX

MCINTOSH COUNTY McIntosh County; board of education; provide new districts ...................................... SB 372 McIntosh County; education districts; reapportion ......................................................HB 949 McIntosh County; probate judge; nonpartisan elections ..............................................HB 805 Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120
MEDICAL OR SURGICAL TREATMENT; CONSENT Woman's Right To Know Act; Medical Consent Law; abortion procedures; 24 hour waiting period following disclosure.................................................................. SB 23
MENS HEALTH, COMMISSION ON Commission on Men's Health; presiding officer; term ..................................................HB 45
MENTAL HEALTH Community Living or Drug Abuse Treatment Facilities; licensure; violations ........... SB 264 Criminal Records; disclosure; caring for children, elderly, or mentally ill.................... SB 22 Death Investigations; patients receiving compensated care in facilities licensed by DHR .......................................................................................................... SB 111 Death Investigations; persons receiving "compensated care"; notification ................. SB 285 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Indigent Defense Act; circuit public defenders; mental health advocacy....................HB 770 Long-Term Care Services; in-home and community based care; consumer choice and control; Independence Plus Act ................................................................. SB 170 Natural Gas; discontinuing service to persons age 65 or disabled; prohibit during winter heating season........................................................................................ SB 185 State Employees' Health Insurance; certain community service retirees .....................HB 594 Woman's Right To Know Act; Medical Consent Law; abortion procedures; 24 hour waiting period following disclosure.................................................................. SB 23
MERIT SYSTEM (Also see Public Officers and Employees) Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; revisions........................................................ SB 108 Former State Employees; return to service; forfeited sick leave restored....................HB 289 Fraud, Waste, Abuse in State Operations; whistle blower; prohibit retaliation ...........HB 708 State Road and Tollway Authority; limit use and disposition of toll revenues; provide commissioner authority to appoint/employ investigators ............................... SB 221
MERIWETHER COUNTY Designate; certain transportation facilities................................................................... SR 150 Meriwether County; board of elections and registration; create .................................. SB 383 Meriwether County; probate judge; nonpartisan elections........................................... SB 321

INDEX

3533

MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS Britt Cumming Day; Second Lieutenant in U.S. Army; remembering ........................ SR 291 Drivers' Licenses; applications; use of military identification card ............................. SB 262 Georgia Emergency Operations Plan; unified incident command system; training emergency response personnel........................................................................ SB 243 Georgia Military Pension Fund; certain active duty not break in service ....................HB 461 Governor; emergency powers; repeal certain powers relating to firearms..................... SB 92 Health Insurance; state employees not covered by federal insurance plan .................. SB 282 Income Taxes; jobs tax credits; designation of counties as less developed areas; business closings in areas comprising military bases .......................................... SB 11 Livestock; control of contagious diseases, chemicals, poisons, toxins; notices and reports of suspicious illnesses; violations.............................................................. SB 183 Prestige/Special License Plates; veterans awarded Purple Heart; no charge ............... SB 120 Property; historic grants funding; combat veterans' gravesites .................................... SB 291 Regulatory Reform Act ................................................................................................ SB 361 State Defense Force; authority to use certain state property ........................................HB 303 Taxable Net Income; exclude certain military pay.......................................................HB 383 Tort Immunity; federal smallpox vaccination program; hospitals, health care providers....................................................................................................................... SB 336 U.S. Armed Forces Serving Operation Iraqi Freedom; expressing support................. SR 258 U.S. Armed Forces; Operation Iraqi Freedom; expressing support ............................. SR 290 Unemployment Benefits; eligibility; military transfer of spouse .................................HB 117 Vehicle Liability Insurance; cancellation by active duty military personnel on foreign assignment .................................................................................................. SB 280 Young, Ronald D. Jr.; U.S. Army Helicopter Officer; Iraqi POW; support ................ SR 443 Zoning Procedures; land adjacent military base, installation, or airport; Local Government Code Enforcement Boards Act................................................................ SB 261
MILLEDGEVILLE Milledgeville, City of; amend provisions.....................................................................HB 800 Milledgeville, Georgia; 200th anniversary................................................................... SR 100
MILLER COUNTY Miller County; probate judge; nonpartisan elections ...................................................HB 779
MINERAL RESOURCES Environmental Policy; regulatory decisions; publication requirements....................... SB 172 Timber Harvesting Operations; local regulatory authority........................................... SB 207
MINORITY REPORT; filed on SB 6 ......................................................................Page 129
MINORS (Also see Juvenile Proceedings) Abandoned Child Protection Act; newborns left at medical facilities; penalty ........... SB 186

3534

INDEX

Abortion; proper identification to physician; minor's parent or guardian .................... SB 240 Adoptions/Child-Placing Agencies; records access; birth records; practices ................ SB 55 Adoptions; access to vital records; placement of child following order terminating parental rights; original birth certificates.................................................. SB 192 Bottled Water; consumption in public transit bus or rapid rail car or station ..............HB 175 Charter Schools Act; virtual charter schools; provide construction............................. SB 203 Charter Schools; funding; facilities fund; surplus property; bulk purchasing ............. SB 216 Child Abuse Records; DHR; information to Office of School Readiness ................... SB 201 Child Abuse Records; prohibited disclosure when criminal action is pending............ SB 199 Child Care Facilities; liability insurance coverage......................................................... SB 24 Child Custody or Visitation Orders; notices; relocation, change of residence .............. SB 16 Child Custody; right of children; selection of custodial parent; certain ages .............. SB 326 Child Sexual Exploitation; unlawful acts involving computer pornography ............... SB 124 Child Support/Custody Issues; deprived child; juvenile court jurisdiction.................... SB 80 Child Support; computation of award, guidelines, income deduction orders ................ SB 17 Children and Youth Welfare Services, Improvement Plans; study committee ............ SR 281 Children in Protective Services; conviction data relevant to adult contacts ................ SB 200 Children's Internet Protection Act; safety policies in schools, libraries; conditional funding for computers ................................................................................. SB 52 Children's Vision Improvement/Learning Readiness Act; eye exams for children entering first grade ......................................................................................... SB 242 Children; prohibit the sale or offer for sale of a child by parent or guardian............... SB 281 College Students; vaccination against meningococcal meningitis.............................. SB 266 Colleges; meningococcal meningitis; vaccinations......................................................HB 521 Computer Pornography/Child Exploitation Prevention Act; unlawful acts ................... SB 51 Criminal Prosecution for Offenses Against Minor Children; pleas ............................... SB 21 Criminal Records; disclosure; caring for children, elderly, or mentally ill.................... SB 22 Criminal Records; nation-wide background checks; child care and elder care providers including volunteers with youth activities ................................................... SB 198 Cruelty to Children; crime of endangerment; sexual abuse; prosecution....................... SB 10 Cruelty to Children; endangering child in second degree; criminal negligence .............. SB 1 Divorce; grounds; extend time frame; effect of legal separation on children.............. SB 298 Drivers' Licenses for Minors; amend provisions; driver training schools and commercial driver training schools ..............................................................................HB 447 Drivers' Licenses; certain suspension; limited driving permits....................................HB 185 DUI Alcohol/Drugs; new offense of refusal to submit chemical testing ....................... SB 13 Electronic/Communication Devices; local boards of education establish policy for students in school........................................................................................... SB 29 Fireworks; sale of sparklers to persons under 16 years; prohibitions .......................... SB 131 HOPE Scholarship Tuition Grants; change residency requirements............................ SB 287 HOPE Scholarship Tuition Grants; eligible part-time students ................................... SB 286 HOPE Scholarships; summer school; remove restrictions; provide limitation on total number of semester/quarter hours ................................................................... SB 244

INDEX

3535

Improvement of the HOPE Scholarship Joint Study Commission; create ................... SR 220 Internet Child Pornography Prevention Act; internet service; violations .................... SB 232 Internet/Computer Safety Act; offenses of internet contact with a child ..................... SB 103 Juvenile Court Judges; compensation from state funds; adjustment............................HB 502 Juvenile Proceedings; delinquent acts; discovery and inspection; disclosure of evidence and reciprocal discovery; witnesses.......................................................... SB 116 Juvenile Proceedings; deprived children; order of disposition; time period ................ SB 148 Juvenile Proceedings; placement of child after termination order; options ................. SB 236 Juvenile Proceedings; redefine child; include status offender .....................................HB 470 Medicaid; managed care; medically necessary health care pilot program ................... SB 315 Nurses, Advanced Practice Registered; prescriptive authority ...................................... SB 36 Persons Supervising Children; criminal background checks; National Crime Information Center .......................................................................................................HB 316 Prostitution, Pimping or Pandering; keeping a place for; penalties ............................... SB 77 Public School Speech-Language Pathologists and Audiologist; salaries; national certification..................................................................................................... SB 268 Public School Systems; contracts and bid price regulations; electronically ................ SB 294 Public Schools; time period for students to express personal religious beliefs ............. SB 90 School Bus Drivers; annual mandatory training; equipment; safety procedures; 'Aleana's Law' ........................................................................................... SB 143 Seat Belts; child restraints; change age ........................................................................HB 217 Sex Offender Registration; amend provisions .............................................................HB 463 Sexual Exploitation of Children; computer pornography; obscene Internet contact with child .........................................................................................................HB 462 Sexually Violent Predators; prohibited within proximity of minors ............................ SB 101 Student Achievement, Office of; create; comprehensive revisions regarding education accountability............................................................................................... SB 248 Student Achievement, Office of; duties; flexibility and accountability....................... SB 249 Students in Home Study Programs; extracurricular programs; public schools ............ SB 210 Teen Dating Violence; prevention education program ................................................ SB 346 Vital Records; birth certificate in legitimations, paternity, adoptions ......................... SB 263 Whistleblowers' Protection Act for Public School Employees; prohibit retaliatory action........................................................................................................... SB 254
MITCHELL COUNTY Baker/Mitchell County Consolidated High School; expiration of contract ................. SB 381 Mitchell County; probate court judge; nonpartisan nomination/election..................... SB 382
MOBILE HOMES Ad Valorem Tax Exemption; farm equipment in inventory for resale ........................HB 527 Manufactured Homes and Mobile Homes; certificate of permanent location .............HB 506

3536

INDEX

MOBILE TELEPHONES Drivers; proper use of radios and mobile telephones .................................................. SB 146 Telemarketing; solicitation to mobile or wireless subscribers; no call list ................. SB 272
MONROE Monroe, City of; election districts; reapportion ...........................................................HB 592
MONROE COUNTY Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328
MONTGOMERY COUNTY Montgomery County; board of education; nonpartisan election ..................................HB 471
MORGAN Morgan, City of; new charter .......................................................................................HB 912
MORGAN COUNTY Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120
MORROW, CITY OF Morrow, City of; new charter.........................................................................................HB 60
MORTGAGES; CONVEYANCES TO SECURE DEBT, AND LIENS Banking and Finance; regulations; comprehensive revisions ........................................ SB 78 Fair Lending Act; amend provisions ............................................................................HB 142 Fair Lending Act; Department of Banking and Finance, authority to regulate.............. SB 28 Georgia Fair Lending Act; amend provisions ................................................................ SB 53
MOTOR CARRIERS Illegal Drug Trafficking; anhydrous ammonia, methamphetamine, amphetamine; increase criminal penalty ...................................................................... SB 205 Limousine Carriers; annual inspection reports.............................................................HB 455
MOTOR FUEL AND ROAD TAX Motor Fuel Tax; prepaid tax.........................................................................................HB 504 Motor Fuel/Road Taxes; change certain definitions ...................................................... SB 67
MOTOR VEHICLES AND TRAFFIC Ad Valorem Tax; motor vehicles; exempt veterans organizations ..............................HB 626 Ad Valorem Tax Exemption; farm equipment in inventory for resale ........................HB 527 Arson or Explosives Used During Commission of a Felony; penalties ...................... SB 184 Bottled Water; consumption in public transit bus or rapid rail car or station ..............HB 175

INDEX

3537

Child Support and Driver's License Applications; social security number or certification of non-eligibility ......................................................................................HB 319 Civil Actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction .................................................................................................... SB 337 Commercial Motor Vehicles and School Buses; prohibitions ..................................... SB 173 Driver Licenses; court conviction reports; transmittal fees ......................................... SB 229 Drivers' Licenses for Minors; amend provisions; driver training schools and commercial driver training schools ..............................................................................HB 447 Drivers' Licenses/Auto Insurance; forms of ID for noncitizens from FTAA member countries ......................................................................................................... SB 181 Drivers' Licenses; applications; use of military identification card ............................. SB 262 Drivers' Licenses; certain out-of-state applicants; on-the-road driving test not required.........................................................................................................................HB 616 Drivers' Licenses; certain suspension; limited driving permits....................................HB 185 Drivers' Licenses; issuance; indication of U.S. citizenship; expiration date.................. SB 89 Drivers; proper use of radios and mobile telephones ................................................... SB 146 DUI Alcohol/Drugs; new offense of refusal to submit chemical testing ....................... SB 13 DUI; prohibitions, punishment; revise and harmonize provisions................................. SB 75 Electric Assistive Mobility Device and Certain Motor Driven Cycles; lights on garbage trucks; regulate ............................................................................................ SB 37 Emergency Vehicles; Air Ambulance Services; licensure and regulation...................... SB 7 Employees' Retirement; law enforcement personnel; enhanced benefits.................... SB 212 Environmental Policy; regulatory decisions; publication requirements....................... SB 172 Excise Taxes; rental motor vehicles; change definitions ............................................... SB 60 Fair Business Practices; certain motor vehicle sales; spot delivery ...............................HB 94 Georgia's Transportation Needs, Study Committee; create.......................................... SR 422 Greenhouse Gas Emissions; Carbon Sequestration Registry Act ................................ SB 356 Handicapped Parking; enforcement; change provisions .............................................. SB 302 Highways and Motor Vehicles; overweight assessments, hybrid vehicles, speed limit in work zones, speed detection devices .....................................................HB 719 Highways; billboards; repeal tree trimming permits; change provisions to Roadside Enhancement and Beautification Council .................................................... SB 334 Highways; use of emergency lanes; transit buses; metro Atlanta area......................... SB 256 Illegal Drug Trafficking; anhydrous ammonia, methamphetamine, amphetamine; increase criminal penalty ...................................................................... SB 205 Income Taxes; jobs tax credits; designation of counties as less developed areas; business closings in areas comprising military bases .......................................... SB 11 Law Enforcement Agencies; emergency response; vehicular pursuit policies ............ SB 292 License Plates; prestige/special; honoring Masons; revenue to charities .................... SB 279 License Plates; special for professional sports team foundations ................................ SB 228 License Plates; special; "Share the Road" message ..................................................... SB 283 License Plates; special; parents of persons with disabilities ........................................ SB 301 Manufactured Homes and Mobile Homes; certificate of permanent location .............HB 506

3538

INDEX

Motor Fuel Tax; prepaid tax.........................................................................................HB 504 Motor Vehicle Franchises; warranty reimbursement agreements; enforce..................HB 581 Motor Vehicle License; fees and classes of agricultural vehicles; definitions .............. SB 59 Motor Vehicle; certificate of title; fraudulent acts; penalties....................................... SB 299 Motor Vehicles; registration and insurance provisions; amend ...................................HB 191 Motor Vehicles; used parts dealers' registration; redefine rebuilder............................ SB 357 Motorcycle Operators; protective headgear devices .................................................... SB 138 OCGA; Conform References to House and Senate Committee Names.......................HB 846 Offense of Fleeing a Pursuing Police Vehicle or Police Officer; punishment............. SB 188 Offense of Fleeing or Attempting to Elude a Police Officer; penalties ....................... SB 297 Prestige/Special License Plates; veterans awarded Purple Heart; no charge ............... SB 120 Property Involved with Illegal Drug Activities; enhanced penalties ........................... SB 324 Property; abandoned motor vehicles; removal/storage of commercial vehicle request of property owner; regulations......................................................................... SB 121 Public Accommodations; not exclude motorcyclist from access or admission............ SB 139 School Bus Drivers; annual mandatory training; equipment; safety procedures; 'Aleana's Law' ........................................................................................... SB 143 Seat Belts; child restraints; change age ........................................................................HB 217 Sheriffs Engaging in Certain Businesses; violation of oath of office ..........................HB 415 Special License Plates Promoting Charitable Organizations, Foundations ................. SR 262 Stopping of Motorist by Law Enforcement; probable cause; racial profiling restrictions; officer training............................................................................................ SB 95 Student Achievement, Office of; create; comprehensive revisions regarding education accountability............................................................................................... SB 248 Uniform Rules of the Road; motor vehicles; reduce speed when passing certain stationary vehicles ............................................................................................HB 457 Uniform Rules of the Road; traffic-control signal monitoring devices; civil monetary penalties........................................................................................................HB 182 Vehicle Certificate of Title Applications; owner's legal name and driver's license number.............................................................................................................. SB 250 Vehicle Liability Insurance; cancellation by active duty military personnel on foreign assignment .................................................................................................. SB 280 Vehicle Protection Product Act; enact .........................................................................HB 688 Vehicles Stopped by Law Enforcement During Nighttime Hours; driver and passengers remain in vehicle............................................................................................ SB 6 Vehicular Homicide in the Second Degree; change provisions ................................... SB 227
MOTORCYCLES Motorcycle Operators; protective headgear devices .................................................... SB 138 Public Accommodation; prohibit discrimination against motorcyclists......................... SB 74 Public Accommodations; not exclude motorcyclist from access or admission............ SB 139

INDEX

3539

MOULTRIE, CITY OF Moultrie, City of; council; reapportion ........................................................................HB 692
MUNICIPALITIES (Also see Local Government) Ad Valorem Tax Millage Rate Increase; require voter approval .................................HR 171 Alcoholic Beverages; consumption on premises; local authorization..........................HB 493 County and Municipal Hospital Authorities; financial aid; critical shortages .............HB 372 Election Superintendent; office to remain open until ballots are counted ...................HB 114 Elections; direct recording electronic voting systems; amend provisions....................HB 427 Fraud, Waste, Abuse in State Operations; whistle blower; prohibit retaliation ...........HB 708 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 Indigent Defense Act; circuit public defenders; mental health advocacy....................HB 770 Jail Booking Fees; jail and pretrial detention facility; imposition, collection in traffic court............................................................................................................... SB 269 Joint County and Municipal Sales Tax; 2% levy; consolidated governments .............HB 287 Limitation on State Taxation, Spending, and New or Expanded Activities; revenue limits; excess revenues; emergencies ............................................................. SR 163 Local Government Budgets and Audits; grant certification; amend provisions ..........HB 561 Local Government or Board of Education; contracts; bid opportunity advertisements; Georgia Procurement Registry ........................................................... SB 342 Local Government; service delivery; coordinated/comprehensive planning ................. SB 35 Local Government; transfer of development rights; sending property; revise............... SB 86 Local Governments; financial transactions; annual audits...........................................HB 666 Local Sales Taxes; limitation; certain exclusions ........................................................HB 709 Municipal Charter Commissions; provide for the creation ............................................ SB 43 Municipal Corporate Boundaries; minimum distance requirements.............................. SB 42 Municipal Courts; collection of delinquent fines, costs; enforcement......................... SB 163 Municipalities; lease property to certain nonprofit corporation...................................HB 423 Nuisance Abatement Liens; collection procedures; foreclosures ................................ SB 182 Peace Officers; training expenses; reimbursement by hiring agency........................... SB 215 Perpetrators of Felonies; local government rewards; remove limitation .....................HB 359 Revenue Bond Law; 'undertaking'; gas generation systems; remove referendum requirement; War on Terrorism Local Assistance Act ............................... SB 87 Sales Tax; dealers' returns; retail sales tax data by location of sale ............................. SB 107 Sales Tax; educational purposes; local boards; performance audit..............................HB 346 Soil Erosion and Sedimentation; ordinances related to land-disturbing activities; planning and zoning commission ................................................................HB 509 Timber Harvesting Operations; local regulatory authority........................................... SB 207 Tire Scrap Disposal/Storage; county/municipality enforce ordinance ......................... SB 348 War on Terrorism Local Assistance Act; enact............................................................HB 595

3540

INDEX

MUSCOGEE COUNTY Columbus County-Wide Government; probate court judge; compensation ................HB 649 Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328 Public Property; conveyances....................................................................................... SR 121
MUSIC Music Industry Committee; interim study committee; citizens' advisory council; create ................................................................................................................ SR 53
N
NASHVILLE Nashville, City of; mayor pro tem; city manager .........................................................HB 803
NATIONAL GUARD, AIR OR ARMY (Also see Military Affairs) Georgia Military Pension Fund; certain active duty not break in service ....................HB 461 Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions ........................................................................................HB 551 National Guard Day in Georgia; commend.................................................................. SR 409 National Guard Day; commend.................................................................................... SR 241 Taxable Net Income; exclude certain military pay.......................................................HB 383
NATURAL GAS Conditioned Air Equipment and Plumbing; redefine; include certain natural gas piping systems........................................................................................................HB 327 Natural Gas; discontinuing service to persons age 65 or disabled; prohibit during winter heating season........................................................................................ SB 185
NATURAL RESOURCES (Also see Conservation; Game and Fish; Waters) Constructed Storm-Water Wetlands; preferential assessment; ad valorem tax............HB 413 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359 Soil Erosion Control; exemption; public roadway drainage structures........................ SB 122 Water Resources; comprehensive state water planning to control pollution and surface-water use; ground-water permits; river basin plans.................................. SB 180
NEWBORN, TOWN OF Newborn, Town of; new charter ..................................................................................HB 734
NEWTON COUNTY Newton County; board of commissioners; reconstitute districts.................................. SB 295 Newton County; board of education; reapportion........................................................HB 796

INDEX

3541

NONPROFIT CORPORATIONS (Also see Commerce; Corporations) Bingo; fee for conducting games; increase ....................................................................HB 87 Corporations; reservation of names and filing fees; change provisions....................... SB 132 Municipalities; lease property to certain nonprofit corporation...................................HB 423 Oconee River Greenway Authority; amend provisions................................................HB 596
NONRESIDENTS Cigar and Cigarette Taxes; loose or smokeless tobacco; impose excise tax................HB 379 Real Estate Appraisers, Brokers, and Salespersons; amend provisions; community association managers.................................................................................HB 177
NORCROSS, CITY OF Norcross, City of; change corporate limits................................................................... SB 375
NUISANCES; ABATEMENT Nuisance Abatement Liens; collection procedures; foreclosures ................................ SB 182 Nuisance Abatement; graffiti visible from adjoining public, private property ............ SB 310 Property Involved with Illegal Drug Activities; enhanced penalties ........................... SB 324
NURSES Blue Ribbon Commission on Response, Investigation, Prosecution of Sexual Assault Offenses............................................................................................................. SR 35 Health Access Improvement Act; advanced practice registered nurse; regulations .................................................................................................................... SB 376 Health Care Protection Act; health care licensing violations; penalties ...................... SB 162 Nurses, Advanced Practice Registered; prescriptive authority ...................................... SB 36 State Licensing Boards; reduce number of members...................................................HB 597 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Torts; immunity; medical or forensic examiners of sexual assault victims ................... SB 25
NURSING HOMES Criminal Records; disclosure; caring for children, elderly, or mentally ill.................... SB 22 Death Investigations; persons receiving "compensated care"; notification ................. SB 285 Health Care Protection Act; health care licensing violations; penalties ...................... SB 162 Long-Term Care Services; in-home and community based care; consumer choice and control; Independence Plus Act ................................................................. SB 170 Nursing Home Provider Fee Act; enact .......................................................................HB 526 State Licensing Boards; reduce number of members...................................................HB 597

3542

INDEX

O
OBSCENITY Computer Pornography/Child Exploitation Prevention Act; unlawful acts ................... SB 51 Internet Child Pornography Prevention Act; internet service; violations .................... SB 232 Internet/Computer Safety Act; offenses of internet contact with a child ..................... SB 103 Sexual Exploitation of Children; computer pornography; obscene Internet contact with child .........................................................................................................HB 462
OCCUPATIONAL REGULATION LEGISLATION REVIEW Occupational Regulation Legislative Review; amend provisions................................HB 628
OCCUPATIONAL THERAPISTS Health Care Protection Act; health care licensing violations; penalties ...................... SB 162 State Licensing Boards; reduce number of members...................................................HB 597
OCONEE COUNTY Oconee County; public facilities authority; create .......................................................HB 938
OPEN AND PUBLIC MEETINGS (Also see Public Records, Meetings) Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Public Records Inspection; written requests; certain information redacted .................HB 246 Public Records, Meetings; disclosure; exceptions to requirements ............................. SB 113 Student Achievement, Office of; duties; flexibility and accountability....................... SB 249
OPTICIANS; OPTOMETRISTS Health Care Protection Act; health care licensing violations; penalties ...................... SB 162 Optometry; practicing without a license; increase punishment ..................................... SB 85 State Licensing Boards; reduce number of members...................................................HB 597 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133
P
PARDONS AND PAROLES (Also see Penal Institutions; Probation) Employees' Retirement; law enforcement personnel; enhanced benefits.................... SB 212 Ethics; reforms; campaign contributions; activities on behalf of inmates ..................... SB 31 Pardons/Paroles Board; nonindigent adult offenders; application fee; transfer to another state; authorization ........................................................................................ SB 47

INDEX

3543

PARENT AND CHILD (Also see Domestic Relations; Minors) Abortion; proper identification to physician; minor's parent or guardian .................... SB 240 Adoptions/Child-Placing Agencies; records access; birth records; practices ................ SB 55 Bottled Water; consumption in public transit bus or rapid rail car or station ..............HB 175 Child Abuse Protocol; child fatality review committee; powers of panel ...................HB 479 Child Custody; right of children; selection of custodial parent; certain ages .............. SB 326 Children; prohibit the sale or offer for sale of a child by parent or guardian............... SB 281 Cruelty to Children; endangering child in second degree; criminal negligence .............. SB 1 Day-Care Facilities; licensing; liability insurance required .........................................HB 433 Divorce; grounds; extend time frame; effect of legal separation on children.............. SB 298 Juvenile Proceedings; placement of child after termination order; options ................. SB 236 Seat Belts; child restraints; change age ........................................................................HB 217 Torts; immunity; medical or forensic examiners of sexual assault victims ................... SB 25 Vital Records; birth certificate in legitimations, paternity, adoptions ......................... SB 263
PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION Archeological, Aboriginal, Prehistoric, or Historic Sites; disturbing ............................HB 26 Archeologists; certain submerged artifacts; exemption against disturbing.................. SB 140 Lake Lanier Islands Development Authority; allocation of certain funds ...................HB 519 Oconee River Greenway Authority; amend provisions................................................HB 596 Property; historic grants funding; combat veterans' gravesites .................................... SB 291 Public Authorities; Music Hall of Fame, Sports Hall of Fame; employees; members; contracts; change provisions.......................................................................... SB 88 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 Sexually Violent Predators; prohibited within proximity of minors ............................ SB 101
PARTNERSHIPS; UNIFORM LIMITED PARTNERSHIP ACT (REVISED) Corporations; reservation of names and filing fees; change provisions....................... SB 132
PAULDING COUNTY Designate; John D. Smith Highway; Paulding County ................................................ SR 301 Paulding County; commissioner districts; reapportion ................................................HB 871 Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120
PEACE OFFICERS (Also see Law Enforcement) Employee's Retirement; benefits for certain law enforcement officers, troopers and GBI agents; age 55 or 25 years................................................................ SB 152 Employees' Retirement; law enforcement personnel; enhanced benefits.................... SB 212 Peace Officer/Prosecutor Training Fund; accounting of all deposits............................. SB 46 Peace Officers; training expenses; reimbursement by hiring agency........................... SB 215 State Fire Marshal/Staff; investigatory powers; arrests; search warrants .................... SB 345

3544

INDEX

State Road and Tollway Authority; limit use and disposition of toll revenues; provide commissioner authority to appoint/employ investigators ............................... SB 221 Stopping of Motorist by Law Enforcement; probable cause; racial profiling restrictions; officer training............................................................................................ SB 95 Torts; immunity; medical or forensic examiners of sexual assault victims ................... SB 25 Transportation Department; employment of investigators........................................... SB 307 Transportation Department; peace officers as nonuniform investigators .................... SB 271
PEACE OFFICERS ANNUITY AND BENEFIT FUND Peace Officers' Annuity and Benefit Fund; increase dues ...........................................HB 268 Peace Officers' Benefit Fund; membership; county jail officers.................................. SB 189
PEACH COUNTY Designate; certain transportation facilities................................................................... SR 150
PELHAM Pelham, City of; municipal officers and board of education........................................HB 787
PENAL INSTITUTIONS Appeals in Death Penalty Cases; new trial; request DNA testing and analysis ........... SB 119 Assault; person with HIV/hepatitis endangering peace/correction officers................... SB 20 Children and Youth Welfare Services, Improvement Plans; study committee ............ SR 281 Correctional Institutions; housing certain inmates; reimbursement.............................HB 614 County Jails; full-time dispatcher as full-time jailer under certain conditions ............ SB 296 Criminal Records; disclosure; caring for children, elderly, or mentally ill.................... SB 22 Drivers' Licenses for Minors; amend provisions; driver training schools and commercial driver training schools ..............................................................................HB 447 Ethics; reforms; campaign contributions; activities on behalf of inmates ..................... SB 31 Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property ....................................................................................... SB 313 Inmate Labor; removing graffiti from private property; as compensation...................HB 144 Jail Booking Fees; jail and pretrial detention facility; imposition, collection in traffic court............................................................................................................... SB 269 OCGA; Conform References to House and Senate Committee Names.......................HB 846 Pardons/Paroles Board; nonindigent adult offenders; application fee; transfer to another state; authorization ........................................................................................ SB 47 Peace Officers; training expenses; reimbursement by hiring agency........................... SB 215 Probation System; confidential records; commissioner may declassify.......................HB 339 Sex Offender Registration; amend provisions .............................................................HB 463 Sexually Violent Predators; prohibited within proximity of minors ............................ SB 101 Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333

INDEX

3545

PENDLETON, CRYSTAL; Director of Presidential Scholars; addressed Senate .........................................................................................................................Page 137
PERRY Perry Industrial Building Authority; repeal constitutional amendment ......................HB 960
PHARMACISTS AND PHARMACIES Controlled Substances and Dangerous Drugs; amend list; certain over-thecounter exemption; prescription drug orders................................................................HB 261 Georgia Seniors Prescription Drug Benefit Program Act; establish ............................ SB 112 Health Access Improvement Act; advanced practice registered nurse; regulations .................................................................................................................... SB 376 Health Care Services; Spending Account and Consumer Driven Health Plan Advancement Act ......................................................................................................... SB 329 Health Insurance; covered benefits; off-label prescription drugs .................................. SB 96 Illegal Drug Trafficking; anhydrous ammonia, methamphetamine, amphetamine; increase criminal penalty ...................................................................... SB 205 Medicare Prescription Drug Benefit Coverage; urge Congress to enact ....................... SR 49 Nurses, Advanced Practice Registered; prescriptive authority ...................................... SB 36 Patient Safe Prescription Drug Act; regulate electronically transmitted data; patient's choice of retail pharmacy ............................................................................... SB 179 Prescription Drugs by Mail; enrollees in HMO health benefit plans ........................... SB 145 Prescription Drugs for Seniors, Joint Study Committee; create..................................... SR 55 Prescription Drugs; Georgia Rx Plan for Seniors Act.................................................. SB 304
PHYSICAL THERAPISTS Health Care Protection Act; health care licensing violations; penalties ...................... SB 162 State Licensing Boards; reduce number of members...................................................HB 597 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133
PHYSICIANS, PHYSICIANS ASSISTANTS, AND RESPIRATORY CARE (Also see Health; Professions)
Distance Learning and Telemedicine; use of funds in Universal Service Fund; enterprise information technology needs ...........................................................HB 456 Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions ........................................................................................HB 551 Health Access Improvement Act; advanced practice registered nurse; regulations .................................................................................................................... SB 376 Health Care Claims Filed Electronically; expedited process ....................................... SB 350 Health Care Services; Spending Account and Consumer Driven Health Plan Advancement Act ......................................................................................................... SB 329

3546

INDEX

Medical Liability Insurance; affordability problems; Medical Malpractice Market Stability Act ..................................................................................................... SB 355 Medical Malpractice Insurance Premium Reform Act................................................. SB 358 Nurses, Advanced Practice Registered; prescriptive authority ..................................... SB 36 Patient Safe Prescription Drug Act; regulate electronically transmitted data; patient's choice of retail pharmacy ............................................................................... SB 179 Patient's Right Under Managed Health Care Plans; medically necessary and appropriate care; define terms ...................................................................................... SB 314 Tattooing Near the Eye; prohibition; expand exception ..............................................HB 183 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333 Woman's Right To Know Act; Medical Consent Law; abortion procedures; 24 hour waiting period following disclosure.................................................................. SB 23
PICKENS COUNTY Designate; Michael B. Mundy Memorial Bridge; Pickens County.............................. SR 299
PODIATRY PRACTICE Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133
POLK COUNTY Polk County; board of education; election ...................................................................HB 652
POOLER, CITY OF Pooler, City of; mayor; city manager ...........................................................................HB 907
POSTSECONDARY EDUCATION (Also see Education; Colleges; Board of Regents; University System
College Athletic Recruitment Rules; certain violations; cause of action.......................HB 95 College Students; vaccination against meningococcal meningitis.............................. SB 266 Colleges; meningococcal meningitis; vaccinations......................................................HB 521 Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions ........................................................................................HB 551 HOPE Scholarship Tuition Grants; change residency requirements............................ SB 287 HOPE Scholarship Tuition Grants; eligible part-time students ................................... SB 286 HOPE Scholarships; private colleges; certain part-time eligibility..............................HB 341 HOPE Scholarships; summer school; remove restrictions; provide limitation on total number of semester/quarter hours ................................................................... SB 244 State Property; naming/renaming for a public official; 5 year restriction...................... SB 73 Teachers; pay level for doctorate degree in any field................................................... SB 354

INDEX

3547

POULTRY PRODUCTION Eggs; labeling information; expiration dates ...............................................................HB 757
POWDER SPRINGS, CITY OF Powder Springs Downtown Development Authority; limit powers to levy taxes on residential property......................................................................................... SB 331 Powder Springs, City of; city council qualifications; residency requirement .............. SB 224
PRETRIAL PROCEEDINGS Criminal Procedure; concurrent grand juries, pretrial motions, discovery, witnesses, demands for trial, continuance, bail, and oral reports.................................HB 414 Criminal Procedure; demand for trial; time expiration; appeals .................................... SB 45 Criminal Prosecution for Offenses Against Minor Children; pleas ............................... SB 21
PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESSES Sheriffs Engaging in Certain Businesses; violation of oath of office ..........................HB 415 State Licensing Boards; reduce number of members...................................................HB 597
PRIVATE SCHOOLS College Athletic Recruitment Rules; certain violations; cause of action.......................HB 95 Colleges; meningococcal meningitis; vaccinations......................................................HB 521 HOPE Scholarships; private colleges; certain part-time eligibility..............................HB 341
PROBATE COURTS Election; qualifying fees; county officials; calculation................................................ SB 153 Fireworks, Pyrotechnics; public displays; audience; site permits, licensure................ SB 213 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 Judges of the Probate Courts Retirement; application; date of benefits ......................HB 270 Probate Court Judges; nonpartisan election ................................................................. SR 277
PROBATION (Also see Penal Institutions; Pardons and Paroles) Criminal Records; disclosure; caring for children, elderly, or mentally ill.................... SB 22 Drivers' Licenses for Minors; amend provisions; driver training schools and commercial driver training schools ..............................................................................HB 447 Probation System; confidential records; commissioner may declassify.......................HB 339
PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS
Disaster Relief; counseling services; license exemption................................................ SB 71 Divorce; grounds; extend time frame; effect of legal separation on children.............. SB 298 Education; Certified School Social Worker Specialists; salary increase .....................HB 320 Health Care Protection Act; health care licensing violations; penalties ...................... SB 162

3548

INDEX

Professional Counselors; licensing; exempt disaster relief services ............................HB 206 School Counselors and Social Worker Specialists; national certification; state salary increase ...................................................................................................... SB 178
PROFESSIONAL ENGINEERS AND LAND SURVEYORS Professional Engineers and Land Surveyors; redefine land surveying ........................HB 726
PROFESSIONS AND BUSINESSES Building Permits Through Certain Electronic Media; application; payments ............... SB 39 Child Support; computation of award, guidelines, income deduction orders ................ SB 17 Conditioned Air Equipment and Plumbing; redefine; include certain natural gas piping systems........................................................................................................HB 327 Criminal Records; disclosure; caring for children, elderly, or mentally ill.................... SB 22 Disaster Relief; counseling services; license exemption................................................ SB 71 Drivers' Licenses for Minors; amend provisions; driver training schools and commercial driver training schools ..............................................................................HB 447 Electrical Sign Contracting; licensure of contractors................................................... SB 341 Employment Security Law; unemployment compensation; excluded services............ SB 160 Georgia Fair Lending Act; amend provisions ................................................................ SB 53 Health Access Improvement Act; advanced practice registered nurse; regulations .................................................................................................................... SB 376 Health Care Protection Act; health care licensing violations; penalties ...................... SB 162 Hotels, Motels; excessive room rates during special sporting events .......................... SB 150 Income Tax Credit; certain headquarters; creation of full-time jobs ...........................HB 492 Licensing Boards; complaints against licensee; athletic trainers; licensing violations ......................................................................................................................HB 352 Life Insurance; insurable interest on employee by corporation; consent of insured .......................................................................................................................... SB 156 Minority Business Enterprises; certification procedure defined in federal law ........... SB 115 Motor Vehicles; used parts dealers' registration; redefine rebuilder............................ SB 357 Nurses, Advanced Practice Registered; prescriptive authority ...................................... SB 36 Occupational Regulation Legislative Review; amend provisions................................HB 628 Optometry; practicing without a license; increase punishment...................................... SB 85 Patient Safe Prescription Drug Act; regulate electronically transmitted data; patient's choice of retail pharmacy ............................................................................... SB 179 Professional Counselors; licensing; exempt disaster relief services ............................HB 206 Professional Engineers and Land Surveyors; redefine land surveying ........................HB 726 Real Estate Appraisers, Brokers, and Salespersons; amend provisions; community association managers.................................................................................HB 177 Road Construction and Repair of Manhole Rings; contractor; regulation..................... SB 18 Sales Tax; applicable to commerce and trade; definitions ............................................. SB 62 Sheriffs; unlawful to engage in private security, private investigation or bail bond businesses; violation of oath of office................................................................. SB 117

INDEX

3549

Soil Investigation; soil classifiers for on-site sewage management sites; standards, qualifications ............................................................................................... SB 129 State Licensing Boards; reduce number of members...................................................HB 597 Structural Pest Control Companies; insurance requirements .......................................HB 307 Tax Penalties; false claims of independent contractor status....................................... SB 106 Telemarketing; solicitation to mobile or wireless subscribers; no call list ................. SB 272 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Toxic Mold Study Committee; creating ......................................................................... SR 22 Uniform Athlete Agents Act; enact..............................................................................HB 194 Veterinary Practice; extensively revise provisions.......................................................HB 347 Winecoff Hotel, Joint Study Committee on the Rehabilitation of; create.................... SR 303
PROFESSIONS AND BUSINESSES; PROFESSIONAL ASSOCIATIONS Income Taxes; change certain definitions ..................................................................... SB 66
PROPERTY Ad Valorem Tax; assessment; taxpayer appeals; refunds; interest amount ................. SB 161 Ad Valorem Tax; bona fide conservation use property; riverside or streamside land; local sales taxes; prohibition; exception............................................HB 290 Ad Valorem Tax; conservation use covenant; renewal period..................................... SB 277 Ad Valorem Tax; preferential assessment; environmentally contaminated (brownfield) property ...................................................................................................HB 531 Ad Valorem Tax; property taxation; change definitions................................................ SB 58 Ad Valorem Tax; statewide homestead exemption; increase amount............................ SB 41 Ad Valorem Taxes; freeze existing residential property values until sold; appraise at fair market value ........................................................................................ SR 311 Anatomical Gifts; advisory board on procurement; add organ recipient .......................HB 53 Coastal Marshlands Protection Act; exemption; private docks; residence .................... SB 94 Coastal Marshlands; protection provisions; exempt certain property ..........................HB 178 Condominiums; sale contract; disclosure; maintenance or repair requests.................... SB 15 Constructed Storm-Water Wetlands; preferential assessment; ad valorem tax............HB 413 Criminal Trespass/Damage to Property; crime of possession of tools......................... SB 311 Eastern Cherokee Indian Tribe; revise address .............................................................. SB 93 Electric Transmission Lines, Joint Study Committee on Location of; create .............. SR 308 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359 Electrical Sign Contracting; licensure of contractors................................................... SB 341 Eminent Domain; condemnation; electric power plants, power lines.......................... SB 267 Estates; missing domiciliary; certain perilous exposure; death determination ..............HB 32 Fair Lending Act; Department of Banking and Finance, authority to regulate.............. SB 28 Fireworks, Pyrotechnics; public displays; audience; site permits, licensure................ SB 213

3550

INDEX

Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property ....................................................................................... SB 313 Graffiti; damage to property; programs for compensating owners, victims ................ SB 312 Homestead Property; levy, sale; reciprocal exemption; resident judgment debtor; creditor resident in another state ...................................................................... SB 347 Inmate Labor; removing graffiti from private property; as compensation...................HB 144 Intangible Taxes; real estate transfer tax; change certain provisions............................. SB 69 Lake Lanier Islands Development Authority; allocation of certain funds ...................HB 519 Landlord/Tenant; dispossessory proceedings; abandoned property; time.................... SB 316 Local Government; transfer of development rights; sending property; revise............... SB 86 Nuisance Abatement Liens; collection procedures; foreclosures ................................ SB 182 Nuisance Abatement; graffiti visible from adjoining public, private property ............ SB 310 OCGA; Conform References to House and Senate Committee Names.......................HB 846 Oral Trust Agreement for Personal Property; provisions.............................................HB 367 Property and Casualty Insurance Rates, Filing and Approval Process; Committee to Study..................................................................................................... SR 445 Property Conveyances; authorizing in 8 counties; Baldwin, Bartow, Chatham, Decatur, DeKalb, Fulton, Wayne and White ............................................... SR 224 Property Involved with Illegal Drug Activities; enhanced penalties ........................... SB 324 Property Tax Sales; change certain provisions............................................................... SB 57 Property; abandoned motor vehicles; removal/storage of commercial vehicle request of property owner; regulations......................................................................... SB 121 Property; historic grants funding; combat veterans' gravesites .................................... SB 291 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 Real Estate Transfer Tax; exemptions; certain instruments, deeds or writings; corporations, partnerships and certain trustees .............................................................. SB 97 Sales Tax; applicable to commerce and trade; definitions ............................................. SB 62 Soil Erosion Control; exemption; public roadway drainage structures........................ SB 122 State Defense Force; authority to use certain state property ........................................HB 303 Statewide Homestead Exemption Grants; mandated appropriation.............................. SR 36 Street Gangs; graffiti; violent acts; weapons possession; prohibitions ........................ SB 309 Superior Court Clerks' Cooperative Authority; filing fees; real estate and personal property.......................................................................................................... SB 195 Tax Executions; levies upon goods, chattel, lands, tenements of taxpayer.................... SB 68 Toxic Mold Study Committee; creating ......................................................................... SR 22 Water Reservoirs; locally funded; state compensation to control, condemn ............... SB 246 Zoning Procedures; land adjacent military base, installation, or airport; Local Government Code Enforcement Boards Act................................................................ SB 261
PROPERTY DAMAGE AND INTRUSION Arson or Explosives Used During Commission of a Felony; penalties ....................... SB 184 Criminal Trespass/Damage to Property; crime of possession of tools......................... SB 311

INDEX

3551

Illegal Drug Trafficking; anhydrous ammonia, methamphetamine, amphetamine; increase criminal penalty ...................................................................... SB 205 Inmate Labor; removing graffiti from private property; as compensation...................HB 144 Payday Lending; deferred presentment or advance cash services; regulate................. SB 157 Property Involved with Illegal Drug Activities; enhanced penalties ........................... SB 324 Watershed Dams; committee to study safety issues..................................................... SR 442
PROSECUTING ATTORNEYS County Law Libraries; board of trustees; DA membership; funds ................................ SB 83 Employees' Retirement; secretaries of appellate/superior court judges, DAs ............... SB 98 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Internet/Computer Safety Act; offenses of internet contact with a child ..................... SB 103
PSYCHOLOGISTS Divorce; grounds; extend time frame; effect of legal separation on children.............. SB 298 Health Care Protection Act; health care licensing violations; penalties ...................... SB 162 State Licensing Boards; reduce number of members...................................................HB 597 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133
PUBLIC ADMINISTRATION, OFFENSES AGAINST Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168
PUBLIC ASSISTANCE (Also see Social Services; Health Issues; Elderly) Federal Food Stamp Program for Low-Income Georgians; urge DHR adopt options to provide access.............................................................................................. SR 228 Long-Term Care Services; in-home and community based care; consumer choice and control; Independence Plus Act ................................................................. SB 170 Medicaid; claims to recover cost of care from at fault third party; liability................. SB 191 Medicaid; managed care; medically necessary health care pilot program ................... SB 315 Medicaid; Study Committee; create ............................................................................. SR 461 Nursing Home Provider Fee Act; enact .......................................................................HB 526
PUBLIC BUILDINGS State Buildings/Facilities; roofing materials; energy efficiency standards ................. SB 137
PUBLIC CONTRACTS Administrative Services, Department of; bidding procedure; delete repealer .............HB 291 Local Government; internet request for proposals, notice of a pre-bid conference; contract/bid requirements ......................................................................... SB 365

3552

INDEX

Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 State Purchasing; benefits based funding projects; certain contracts...........................HB 550
PUBLIC HEALTH AND MORALS, OFFENSES AGAINST Bingo Games; operation by auxiliary unit of parent organization ...............................HB 772 Bingo; fee for conducting games; increase ....................................................................HB 87 Bingo; increase prize amounts .....................................................................................HB 134 Bingo; use of certain electronic or computer devices; provisions ...............................HB 279 Bottled Water; consumption in public transit bus or rapid rail car or station ..............HB 175 Child Sexual Exploitation; unlawful acts involving computer pornography ............... SB 124 Children's Internet Protection Act; safety policies in schools, libraries; conditional funding for computers ................................................................................. SB 52 Computer Pornography/Child Exploitation Prevention Act; unlawful acts ................... SB 51 Criminal Prosecution for Offenses Against Minor Children; pleas ............................... SB 21 Cruelty to Children; crime of endangerment; sexual abuse; prosecution....................... SB 10 Firearms; certain unauthorized possession; affirmative defense..................................HB 397 Internet Child Pornography Prevention Act; internet service; violations .................... SB 232 Internet/Computer Safety Act; offenses of internet contact with a child ..................... SB 103 Prostitution, Pimping or Pandering; keeping a place for; penalties ............................... SB 77 Sexual Exploitation of Children; computer pornography; obscene Internet contact with child .........................................................................................................HB 462 Sexually Offensive Material/Content; distribution through electronic media ................. SB 5 Tattooing Near the Eye; prohibition; expand exception ..............................................HB 183
PUBLIC OFFICERS; EMPLOYEES (Also see State Government or Specific Agency) Assistant District Attorneys; retirement; prior service credit....................................... SB 318 Budget Act; continuation budget report; apply zero-base budgeting............................... SB 8 County Law Libraries; board of trustees; DA membership; funds ................................ SB 83 Courts Technology Advisory Board and Council; successor to Georgia Courts Automation Commission .................................................................................. SB 306 Death Investigations; patients receiving compensated care in facilities licensed by DHR .......................................................................................................... SB 111 Death Investigations; persons receiving "compensated care"; notification ................. SB 285 Defined Contribution Plans; employer and employee contributions............................HB 475 Election Districts; legislative and congressional reapportionment; specify requirements; community of interest.............................................................................. SB 91 Election; qualifying fees; county officials; calculation................................................ SB 153 Elections; congressional districts; composition and number ....................................... SB 135 Emergency Management Employees and 911 Operators and Dispatchers; indemnification............................................................................................................. SR 213 Emergency Management Employees, 911 Operators or Dispatchers; indemnification............................................................................................................. SB 218

INDEX

3553

Employees' Retirement; law enforcement personnel; enhanced benefits.................... SB 212 Ethics in Government; amend provisions ....................................................................HB 771 Ethics in Government; Financial Disclosure Reform Act of 2003; enact........................ SB 3 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................. SB 109 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 Ethics; campaign contribution disclosure reports; filing functions; transfer to State Ethics Commission.............................................................................................. SB 144 Ethics; campaign disclosure reports; contributions and expenditures; disclose candidate's name........................................................................................................... SB 125 Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; revisions........................................................ SB 108 Ethics; disposition of excess campaign contributions.................................................... SB 82 Ethics; reforms; campaign contributions; activities on behalf of inmates ..................... SB 31 Ethics; use of campaign contributions; ordinary and necessary expenses ................... SB 338 Family/Children Services; establish separate department and agency......................... SB 241 Former State Employees; return to service; forfeited sick leave restored....................HB 289 Fraud, Waste, Abuse in State Operations; whistle blower; prohibit retaliation ...........HB 708 GBI Forensic Sciences Division; regional medical examiner; definition .................... SB 214 Georgia v. Ashcroft Redistricting Case; support of the Governor; urging the Attorney General to dismiss the appeal.......................................................................... SR 85 Governor; emergency powers; repeal certain powers relating to firearms..................... SB 92 Health Care Claims Filed Electronically; expedited process ....................................... SB 350 Health Insurance; state employees not covered by federal insurance plan .................. SB 282 Indemnification of Emergency Personnel, Joint Study Committee; create.................. SR 212 Indigent Defense Act; circuit public defenders; mental health advocacy....................HB 770 International Affairs Coordinating Council; create......................................................HB 324 Joint Session; Inauguration of Governor and Lieutenant Governor ................................ SR 3 Managed Health Care Plans; independent review; state employees ............................HB 697 Perpetrators of Felonies; local government rewards; remove limitation .....................HB 359 State Benefits Plans; include employees of critical access hospitals, federally qualified health centers, and community service boards..............................................HB 638 State Deferred Compensation Plans; contributions; employers, employees ................ SB 155 State Employees' Health Insurance; agricultural commodity commission staff ..........HB 147 State Employees' Health Insurance; certain community service retirees .....................HB 594 State Employee's Retirement Options; early retirement incentives.............................. SB 159 State Employees; consumer driven health plan option (CDHP) .................................. SB 344 State Employees; payroll deductions; Higher Education Savings Plan; certain inclusion in defined contribution plan..........................................................................HB 424 State Government Cost Control, Senate Commission; Senate Private Sector Advisory Committee; establishing ............................................................................... SR 273 State Official Salaries; General Assembly; Lt. Gov., 10% reduction ............................ SB 76

3554

INDEX

State Property; naming/renaming for a public official; 5 year restriction...................... SB 73 Student Achievement, Office of; duties; flexibility and accountability....................... SB 249 Temple, City of; mayor and councilmembers; election and terms............................... SB 327 Terrorism Prevention; rename Organized Crime Prevention Council; powers and duties; Airport Anti-Terrorism Training................................................................ SB 187 Transportation Department; peace officers as nonuniform investigators .................... SB 271 University System Employees; doing business with state; exception .......................... SB 255 Volunteer Firemen Injured in Line of Duty; disability compensation .........................HB 166
PUBLIC ORDER AND SAFETY, OFFENSES AGAINST Bulletproof Vest; unlawful during commission of certain offenses ............................HB 173 Firearms; certain unauthorized possession; affirmative defense..................................HB 397 Fireworks, Pyrotechnics; public displays; audience; site permits, licensure................ SB 213 Illegal Drug Trafficking; anhydrous ammonia, methamphetamine, amphetamine; increase criminal penalty ...................................................................... SB 205 Internet/Computer Safety Act; offenses of internet contact with a child ..................... SB 103 Peeping Toms; spying upon or invading the privacy of another.................................. SB 151 Public Records, Meetings; disclosure; exceptions to requirements ............................. SB 113 Street Gangs; graffiti; violent acts; weapons possession; prohibitions ........................ SB 309
PUBLIC PROPERTY (Also see State Government) County Law Libraries; board of trustees; DA membership; funds ................................ SB 83 Property Conveyances; authorizing in 8 counties; Baldwin, Bartow, Chatham, Decatur, DeKalb, Fulton, Wayne and White ............................................... SR 224 Public Property; conveyance; granting of easements for facilities, utilities 15 counties and Tennessee ................................................................................................ SR 120 Public Property; conveyances; Macon, Muscogee, Richmond, Talbot, Troup, Decatur, Fulton, Coffee, Baldwin Counties ................................................................. SR 121 Search and Rescue Dogs; authorize erection of monument honoring..........................HR 357 State Buildings/Facilities; roofing materials; energy efficiency standards .................. SB 137 State Property; naming/renaming for a public official; 5 year restriction...................... SB 73
PUBLIC RECORDS Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Probation System; confidential records; commissioner may declassify.......................HB 339 Public Records Inspection; refusal to provide access; penalty..................................... SB 177 Public Records Inspection; written requests; certain information redacted .................HB 246 Public Records; exempt disclosure of home street address, telephone number........... SB 351 Sales Tax; dealers' returns; retail sales tax data by location of sale ............................. SB 107 Voting; direct recorded electronic voting systems; provide voter printed record of the vote cast .................................................................................................. SB 340

INDEX

3555

PUBLIC RETIREMENT SYSTEMS STANDARDS (Also see Retirement; Pensions) Assistant District Attorneys; retirement; prior service credit....................................... SB 318 Law Enforcement Officers or Agents; retirement benefits .......................................... SB 114 Peace Officers' Benefit Fund; membership; county jail officers.................................. SB 189 State Employee's Retirement Options; early retirement incentives.............................. SB 159 State Employee's Retirement; development and implementation of options; early retirement incentives ........................................................................................... SB 126 Teachers Retirement; creditable service in a local school system. ................................ SB 30 Teachers Retirement; creditable service; independent school system service ............. SB 226 Teachers Retirement; University System employees; optional plan ............................ SB 253
PUBLIC SAFETY, DEPARTMENT OF (Also see Law Enforcement) Employees' Retirement; law enforcement personnel; enhanced benefits.................... SB 212 Terrorism Prevention; rename Organized Crime Prevention Council; powers and duties; Airport Anti-Terrorism Training................................................................ SB 187
PUBLIC SCHOOL EMPLOYEES Public School Employees Retirement; increase benefit...............................................HB 266 Public School Speech-Language Pathologists and Audiologist; salaries; national certification..................................................................................................... SB 268 Public School Systems; contracts and bid price regulations; electronically ................ SB 294 Whistleblowers' Protection Act for Public School Employees; prohibit retaliatory action........................................................................................................... SB 254
PUBLIC SERVICE COMMISSION Electric Transmission System; urge not adopt proposed standard market design rules................................................................................................................... SR 276 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359 Eminent Domain; condemnation; electric power plants, power lines.......................... SB 267 Natural Gas Competition and Deregulation Act; amend provisions.............................. SB 34 Natural Gas in Poultry Production; rules with respect to charges................................ SB 118 Natural Gas; discontinuing service to persons age 65 or disabled; prohibit during winter heating season........................................................................................ SB 185 PSC; applications and proceedings; administrative fees.............................................. SB 219
PUBLIC UTILITIES AND TRANSPORTATION (Also see Transportation) Cable Television Systems; customer service requirements; enforcement ................... SB 220 Designate; transportation facilities; Jasper; Meriwether; Peach Counties ................... SR 150 East Central Georgia Railroad Excursion Authority; create ........................................HB 497 Electric Membership Corporations; transmission line siting committee .....................HB 373 Electric Transmission Lines, Joint Study Committee on Location of; create .............. SR 308 Electric Transmission Lines, Study Committee; create ............................................... SR 431

3556

INDEX

Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359 Eminent Domain; condemnation; electric power plants, power lines.......................... SB 267 Family Violence Shelter Confidentiality Act; requirement of telephone companies not to disclose location............................................................................... SB 147 Firearms; certain unauthorized possession; affirmative defense..................................HB 397 Georgia's Transportation Needs, Study Committee; create.......................................... SR 422 Income Taxes; jobs tax credits; designation of counties as less developed areas; business closings in areas comprising military bases .......................................... SB 11 License Plates; special; "Share the Road" message ..................................................... SB 283 Limousine Carriers; annual inspection reports.............................................................HB 455 MARTA; reserve funds; use of interest income for operating costs............................ SB 136 Mass Transportation Service; increase limit of state funds..........................................HB 263 Natural Gas Competition and Deregulation Act; amend provisions.............................. SB 34 Natural Gas in Poultry Production; rules with respect to charges................................ SB 118 Natural Gas Rates; surcharge on interruptibles; minimum amount ............................... SB 32 Natural Gas; discontinuing service to persons age 65 or disabled; prohibit during winter heating season........................................................................................ SB 185 OCGA; Conform References to House and Senate Committee Names.......................HB 846 Property Involved with Illegal Drug Activities; enhanced penalties ........................... SB 324 PSC; applications and proceedings; administrative fees.............................................. SB 219 Public Records, Meetings; disclosure; exceptions to requirements ............................. SB 113 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 Railroad Companies; shall not operate remote controlled locomotives....................... SB 325 Telemarketing; solicitation to mobile or wireless subscribers; no call list .................. SB 272
PUTNAM COUNTY Putnam County; commissioner districts; reapportion ..................................................HB 248 Putnam County; education districts; reapportion .........................................................HB 245
Q
QUALITY BASIC EDUCATION (Also see Education) College Athletic Recruitment Rules; certain violations; cause of action.......................HB 95 School Counselors and Social Worker Specialists; national certification; state salary increase ...................................................................................................... SB 178 Student Achievement, Office of; duties; flexibility and accountability....................... SB 249 Teachers and Other Personnel; certain forfeited leave; restoration ...............................HB 25 Teachers; rights for continued employment; restore ......................................................HB 81
QUITMAN COUNTY Quitman County; homestead exemption; certain residents ..........................................HB 667

INDEX

3557

Quitman County; probate judge; nonpartisan elections ...............................................HB 789
R
RABUN COUNTY Rabun County; board of commissioners; amend provisions........................................HB 684
RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS Internet/Computer Safety Act; offenses of internet contact with a child ..................... SB 103 RICO Act; redefine racketeering activity; include insurance fraud .............................HB 236 Street Gangs; graffiti; violent acts; weapons possession; prohibitions ........................ SB 309
RADAR SPEED DETECTION DEVICES Uniform Rules of the Road; traffic-control signal monitoring devices; civil monetary penalties........................................................................................................HB 182
RADIATION CONTROL Community Living or Drug Abuse Treatment Facilities; licensure; violations ........... SB 264 Environmental Policy; regulatory decisions; publication requirements....................... SB 172
RAILROADS Arson or Explosives Used During Commission of a Felony; penalties ....................... SB 184 Commercial Motor Vehicles and School Buses; prohibitions ..................................... SB 173 East Central Georgia Railroad Excursion Authority; create ........................................HB 497 Georgia's Transportation Needs, Study Committee; create.......................................... SR 422 Railroad Companies; shall not operate remote controlled locomotives....................... SB 325 Railroads; remote controlled locomotives; commend.................................................. SR 453
RANDOLPH COUNTY Randolph County; homestead exemption; certain residents ........................................HB 399 Randolph County; probate judge; nonpartisan elections..............................................HB 790
RAPE Life Without Parole; imposed in certain cases under certain circumstances ............... SB 149 Teen Dating Violence; prevention education program ................................................ SB 346
RAY, HONORABLE WILLIAM McCRARY; Superior Court Judge; administered oath.......................................................................................................Page 8
REAL ESTATE Intangible Taxes; real estate transfer tax; change certain provisions............................. SB 69 Nuisance Abatement Liens; collection procedures; foreclosures ................................ SB 182 Public Records Inspection; written requests; certain information redacted .................HB 246

3558

INDEX

Real Estate Appraisers, Brokers, and Salespersons; amend provisions; community association managers.................................................................................HB 177 Superior Court Clerks' Cooperative Authority; filing fees; real estate and personal property.......................................................................................................... SB 195 Zoning Procedures; land adjacent military base, installation, or airport; Local Government Code Enforcement Boards Act................................................................ SB 261
REAPPORTIONMENT (Also see Elections) Election Districts; legislative and congressional reapportionment; specify requirements; community of interest.............................................................................. SB 91 Elections; congressional districts; composition and number ....................................... SB 135 Georgia v. Ashcroft Redistricting Case; support of the Governor; urging the Attorney General to dismiss the appeal.......................................................................... SR 85 House of Representatives; reapportionment; election from single-member districts ......................................................................................................................... SR 108 Municipal Charter Commissions; provide for the creation ............................................ SB 43 Senatorial Districts; apportionment and qualifications; change composition .............. SB 239
RECKLESS CONDUCT Assault; person with HIV/hepatitis endangering peace/correction officers................... SB 20
REGENTS RETIREMENT PLAN Teachers Retirement; University System employees; optional plan ............................ SB 253
RELIGION Public Schools; time period for students to express personal religious beliefs ............. SB 90 Use of Public Money for Public Health/Social Services by Religious or Sectarian Organizations.................................................................................................... SR 1
RENAL DISEASE; FACILITIES Community Living or Drug Abuse Treatment Facilities; licensure; violations ........... SB 264 Medical Education and Physician Workforce; provisions .............................................HB 56
RESOLUTIONS; PRIVILEGED; EXPRESSING SENTIMENTS OF SENATE 4-H Day at State Capitol; recognize............................................................................. SR 145 Acuff, Matthew E.; recognize ...................................................................................... SR 251 Adams, L. Clifford, Jr.; condolences ........................................................................... SR 439 Addison, Spc. Jamaal; heroic soldier; honoring the memory....................................... SR 367 African American Business Enterprise Day; proclaiming ........................................... SR 114 Albany State University; recognize.............................................................................. SR 317 Albany-Dougherty County Day; recognize .................................................................. SR 105 Alligood, Dustin Chad; commend................................................................................ SR 119 Alpha Kappa Alpha Sorority, Inc.; commend .............................................................. SR 201

INDEX

3559

American Red Cross; commend................................................................................... SR 324 Anderson, Ashley Tanishia; 1000 SAT Club Award; commend ................................. SR 384 Anderson, Ashley Tanishia; commend......................................................................... SR 483 Andrews, Lanee Danielle; 1000 SAT Club Award; commend .................................... SR 385 Arrowood, Honorable Alvin; Mayor of Sharpsburg; recognize................................... SR 434 Ashley, Corporal Rick; commend ................................................................................ SR 248 Athens Area Chamber of Commerce 100th Anniversary; commend............................. SR 73 Atlanta Association of Insurance Professionals; commend ......................................... SR 287 Atlanta Job Corps Training Center; commend............................................................. SR 400 Atlanta Motor Speedway Day at the State Capitol....................................................... SR 183 Atlanta Symphony Orchestra and Chorus and Robert Spano; commend..................... SR 313 Atlantic Intracoastal Waterway Association; commend ................................................ SR 13 Augusta National Golf Club; membership; opposing gender discrimination .............. SR 413 Aviation History; Centennial of Powered Flight; celebrating...................................... SR 292 Badger, Sarah McClain; commend .............................................................................. SR 502 Bain, Stephen J.; commend ............................................................................................ SR 65 Baker, Charles Alfred; commend................................................................................. SR 326 Baldowski Jr., Robert Neal; commend............................................................................. SR 8 Baldowski, Steven Phillip; commend .............................................................................. SR 7 Banks, Charlie Mae; honoring ..................................................................................... SR 371 Barnes, Roy E.; 2003 John F. Kennedy Profiles in Courage Award; honoring ........... SR 307 Beard, Phillip; commend.............................................................................................. SR 430 Benevolence Baptist Church; 150th Anniversary; recognize....................................... SR 215 Benson, Earl 'Buck', Jr.; condolences............................................................................. SR 51 Bethel Missionary Baptist Church; congratulate.......................................................... SR 450 Blackamore, Laila Sabira; 1000 SAT Club Award; commend .................................... SR 386 Blacks Creek Baptist Church; commend........................................................................ SR 14 Bland, Laura; Watermelon Queen; commend ................................................................ SR 88 Boatwright, Maurice and Beutelle; commend.............................................................. SR 510 Bockelman, Brian P.; Outstanding Scholar; commend ................................................ SR 358 Bonaire Middle School Jazz Band; commend ............................................................. SR 151 Bonner, Kimberly Joyce; commend ............................................................................. SR 488 Bowden, Linda; commend ........................................................................................... SR 460 Bowdon, City of; 150th Anniversary; recognize.......................................................... SR 518 Boy Scouts; National Good Turn Day Food Project; commend .................................. SR 117 Boyce, Louise; Senior Georgian; commend................................................................. SR 214 Breathe Georgia Day at the State Capitol; recognize................................................... SR 158 Britt Cumming Day; Second Lieutenant in U.S. Army; remembering ........................ SR 291 Brooks, Matilda Beal; 100th birthday .......................................................................... SR 101 Brown Sugar Stitchers Guild; honoring ....................................................................... SR 304 Brown, George; commend ........................................................................................... SR 465 Brown, Jeremy Lamarr; commend ............................................................................... SR 514 Brown, Stanley; commend ........................................................................................... SR 534

3560

INDEX

Brunswick Chapter of the Daughters of the American Revolution; commend............ SR 153 Bryant, Vivian Greene; condolences.............................................................................. SR 95 Brye, Annie Johnson; commend................................................................................... SR 244 Budd, Warren; commend ............................................................................................. SR 468 Buford, City of; Bona-Allen Leather Company; commend ......................................... SR 404 Burge, Leonard; commend ........................................................................................... SR 411 Cable, Susan W.; commend ........................................................................................... SR 32 Callaway, Bob; commend ............................................................................................ SR 508 Callaway, John C., Jr.; honoring .................................................................................. SR 554 Campbell, Kim; Canadian Prime Minister; recognize ................................................. SR 211 Cannon, Crystal Camille; commend............................................................................. SR 487 Cannon, Tommy; commend ......................................................................................... SR 532 Carroll, Brent; commend.................................................................................................. SR 9 Carter, Chris; U.S. Army Ranger Captain; commend .................................................. SR 438 Carter, Joseph Anthony Sr.; honor the life of................................................................. SR 21 Carter, President Jimmy; Nobel Laureate; address joint session .................................HR 545 Cathedral at Chapel Hill and Cathedral Academy; recognize ..................................... SR 112 Catoosa County; 150th Anniversary; recognize........................................................... SR 522 Centennial of Flight Celebration; National 100th anniversary; recognize................... SR 185 Chaney, Laura L.; Outstanding Scholar; commend ..................................................... SR 354 Chaplin, Ashley Snell; Academic Recognition Day; commend................................... SR 263 Chappell, Roy James; condolences .............................................................................. SR 375 Chastain, Samantha; 2003 Prudential Spirit of Community; congratulate................... SR 363 Chattooga County Rescue Squad; recognize................................................................ SR 412 China; ' The Georgia China Future'; public-private initiative to increase trade........... SR 225 Chiropractic Day; commend......................................................................................... SR 286 Christenberry, George A.; commend.............................................................................. SR 84 Clark, Dr. Spurgeon William, Jr.; condolences............................................................ SR 319 Clayton County PRIDE Team; commend ...................................................................... SR 86 Clinch County High School 2002 Football Team; commend ...................................... SR 191 Columbia Space Shuttle and Its Heroic Astronauts; tribute to....................................... SR 63 Collins, Officer Melvin Earl; condolence ....................................................................HR 856 Colvin, Bryanca Yatya; commend................................................................................ SR 485 Community Health Centers in Medically Underserved Areas; recognizing ................. SR 54 Congressional Delegation; urge pass President Bush's 2003 Economic Growth/Tax Relief Plan ............................................................................................... SR 226 COP, Color of Public Safety Prayer Breakfast; commend............................................. SR 70 Cordele-Crisp County Fish Fry; recognize..................................................................... SR 94 Correctional Officers and Employees Week; recognize .............................................. SR 521 Cosmetic Dental Coverings; urge removal of unlicensed providers............................HR 228 Cosmetology and Barber's Day in Georgia; commend .................................................. SR 76 Cosmetology and Barber's Day; commend .................................................................... SR 97 Crawford, Jennifer Nicole; 1000 SAT Club Award; commend................................... SR 387

INDEX

3561

Crawford, Jennifer Nicole; commend .......................................................................... SR 486 Crescent Resources; commend..................................................................................... SR 535 Crews, Cindy; commend .............................................................................................. SR 364 Cronin, Officer Stewart; Macon Police Department; recognize .................................. SR 174 Crooked Creek Baptist Church; recognize................................................................... SR 444 Curtis, Waddell; honoring the life................................................................................ SR 559 Dallas First Baptist Church Sanctuary; expressing regret at the loss of ........................ SR 43 Daniels, Linda; honor ................................................................................................... SR 238 Davenport, Leon and Barbara; 50th wedding anniversary; congratulate ..................... SR 451 Davis, James K.; commend .......................................................................................... SR 372 Davis, Kristen; 4-H member; commend....................................................................... SR 143 Davis, Renee; Outstanding Scholar; commend............................................................ SR 327 Davis, Robert R.; condolences ....................................................................................... SR 50 Deerfield-Windsor School Basketball Team; commend.............................................. SR 556 Deerfield-Windsor School Football Team; commend ................................................. SR 557 Demosthenian Literary Society; commend .................................................................. SR 148 Dent, Debra T.; Outstanding Scholar; commend ......................................................... SR 343 DePaolo, Rosemary; Chancellor of University of North Carolina at Wilmington; congratulate............................................................................................. SR 379 Designate; Veterans Memorial Highway; Banks County veterans; commend ..............HR 90 Dixon Grove Baptist Church; recognize ...................................................................... SR 246 Domenico, Lauren Louise; celebrate birth ................................................................... SR 123 Donaldson, Robert; commend...................................................................................... SR 503 Dorminey, Jeanine; Outstanding Scholar; commend ................................................... SR 353 Dorminy, A.B.C. "Brad", Jr.; condolences................................................................... SR 376 Dorsey, Reverend Asa; commend ................................................................................ SR 440 Doster, Agnes; commend ............................................................................................. SR 448 Dowling, V. Blair; Outstanding Scholar; commend .................................................... SR 331 Drum, Sara; Outstanding Scholar; commend............................................................... SR 335 Duke, William A. Jr.; commend................................................................................... SR 239 Duncan, Clarke W.; condolences ................................................................................... SR 96 Duvall, Jeff; commend ................................................................................................. SR 530 Dyer, Jodi Lynn; commend ............................................................................................ SR 82 Dynamic 55th Senate District Advisory Council; recognize........................................ SR 166 Earley, Michelle; commend............................................................................................ SR 93 Early County High School Basketball Team; commend.............................................. SR 369 East Hall Basketball Team; commend ......................................................................... SR 309 Eaves, Martha Talbot; commend.................................................................................. SR 452 Edgewood Golden Age Shining Stars; commend ........................................................ SR 433 Egan, Jim; commend .................................................................................................... SR 531 Eiland, Victoria; Outstanding Scholar; commend........................................................ SR 340 Eldridge, Doc; Mayor, Athens-Clarke County; commend ............................................. SR 77 Emergency Medical Services (EMS) Recognition Day; commend ............................. SR 169

3562

INDEX

English, Paschal; Superior Court Judge; Griffin Circuit; commend .............................. SR 29 Epilepsy Foundation of Georgia's Zero Lunches/Zero Nos Day; donations................ SR 380 Equal Pay Day; recognize ............................................................................................ SR 362 Estrada, Miquel A.; urge his confirmation as judge on U.S. Court of Appeals ........... SR 265 Fallin, Aubrey E.; commend ........................................................................................ SR 207 Firefighters 31st Annual Recognition Day; commend.................................................. SR 81 Firefighters' Recognition Day; commend....................................................................... SR 48 Fleming, Nicole Sheri; commend................................................................................. SR 484 Flemister, Akeem; 1000 SAT Club Award; commend ................................................ SR 388 Fletcher, Abby; 4-H member; commend...................................................................... SR 131 Ford Motor Company; 100th Anniversary; commend ................................................. SR 310 Ford, Linda; outstanding public service; commend ....................................................... SR 78 Fort Stewart; in remembrance of 32 young soldiers .................................................... SR 517 Foster, Joseph; Renaissance Personal Development Program; commend ................... SR 195 Fostor, Ashley; commend............................................................................................. SR 243 Fountain, Ragan T.; Outstanding Scholar; commend .................................................. SR 336 Fowler, Alexis Katherine; celebrate birth .................................................................... SR 124 Fowler, Alfred; commend ............................................................................................ SR 509 Fowler, Bishop Miles E.; congratulate......................................................................... SR 555 Fowler, Bishop Miles E.; honoring ................................................................................ SR 46 Franklin County High School Automotive Class; commend ......................................... SR 56 Free Trade Area of the Americas (FTAA); Secretariat; urge locate in Atlanta ........... SR 414 Freeman, Aimee; commend.......................................................................................... SR 459 Frese, Tina; commend .................................................................................................. SR 221 Future Educators of America; support ......................................................................... SR 172 Gaines, Joseph J.; commend........................................................................................... SR 44 Gainesville High School Basketball Team; commend................................................. SR 280 Gainesville High School Red Elephants Football Team; commend ............................ SR 275 Gallman, Cadet Alex; recognize and commend ........................................................... SR 236 Garden Club of Georgia; commend ............................................................................. SR 102 Gelbrich, Peter; commend.............................................................................................. SR 42 Gentry, Mary; commend............................................................................................... SR 118 Georgia Association of Educators Legislative Conference Day; recognize ................ SR 111 Georgia Farm Bureau Federation; commend ................................................................. SR 33 Georgia Forestry Association; commend ....................................................................... SR 37 Georgia Optometric Association; commend ................................................................ SR 278 Georgia Recreation and Parks Association; recognize ................................................ SR 115 Georgia Tourism Day; commend ................................................................................. SR 208 Georgia, University of; 2002 football team; SEC champions; commend ...................... SR 74 Giddens, Grant D.; recognize ....................................................................................... SR 254 Gilbert, Bobby Gene; honoring retirement................................................................... SR 285 Glaze, Claude Ramsden; condolences.......................................................................... SR 318 Gordon Lee High School Marching Band; commend.................................................. SR 524

INDEX

3563

Gordon Lee Memorial High School Football Team; commend................................... SR 523 Gordon, Natalie Renee; commend ............................................................................... SR 480 Gosa, Steve; commend ................................................................................................. SR 533 Grant, Charles; honoring .............................................................................................. SR 222 Gravett, Kenneth; commend......................................................................................... SR 269 Greene, Zachary D.; recognize..................................................................................... SR 252 Gresham, J.T. " Tommy"; honoring ............................................................................. SR 149 Griffin, John E. "Buck", Jr.; condolences .................................................................... SR 366 Gwinnett County Fire and Emergency Services; commend......................................... SR 545 Gwinnett County Fire and Emergency Services; personnel; commend ....................... SR 543 Gwinnett County Fire and Emergency Services; Rescue 12; commend ...................... SR 544 Gwinnett County Fire and Emergency; commend ....................................................... SR 550 Gwinnett County Fire and Emergency; Engine 1; commend....................................... SR 549 Gwinnett County Fire and Emergency; Engine 14; commend..................................... SR 551 Gwinnett County Fire and Emergency; Engine 20; Squad 20; Rescue 20; commend ...................................................................................................................... SR 548 Gwinnett County Fire and Emergency; Rescue 2; commend....................................... SR 547 Gwinnett County Fire and Emergency; Rescue 7 ; commend...................................... SR 546 Gwinnett County Fire/Emergency; Battalion Training Program; commend................ SR 529 Hairston, Marshal Ruben H.; commend....................................................................... SR 283 Hales, Chadwick McKinley; Outstanding Scholar; commend..................................... SR 344 Haley, Johnathan; GOAL Leadership Award; commend............................................ SR 126 Hall, Andrea Danielle; 1000 SAT Club Award; commend.......................................... SR 389 Hall, Dr. Lorraine; commend ....................................................................................... SR 458 Hamby, Jessica Leigh; celebrating birth ........................................................................ SR 18 Hammack, Heidi; 4-H member; commend .................................................................. SR 138 Hankerson, David; commend ....................................................................................... SR 206 Haralson County Historical Society; commend ........................................................... SR 526 Hargrove, Mary Stone; honoring.................................................................................. SR 177 Harris, Narvie Jordan; commend.................................................................................. SR 515 Hart County; recognize 150th anniversary..................................................................... SR 45 Hayes, Launette Michelle; commend ........................................................................... SR 481 Hennessey, Zelma; South Westview Against Drugs; commend .................................. SR 196 Henry, Jeffrey R.; recognize......................................................................................... SR 253 High Tech Day in Georgia.; proclaiming ..................................................................... SR 127 Highsmith, Armand Bates; celebrating birth.................................................................. SR 25 Hill, Latoya Nicole; commend ..................................................................................... SR 482 Hlaing, Kay T.; Academic Recognition Day; commend.............................................. SR 264 Holloway, Jenelsie Walden; commend ........................................................................ SR 217 Home Depot, The; Rebuilding Together; commend .................................................... SR 455 Houston County High School Future Farmers of America; commend ........................ SR 104 Huefner, Robert; Wendy's High School Heisman Award; commend .......................... SR 116 Humphrey, Tasha; commend.......................................................................................... SR 59

3564

INDEX

Hunt, George M.D. (John); condolences...................................................................... SR 306 Hunt, Julianna S.; Outstanding Scholar; commend...................................................... SR 337 Hunt, Lisa M.; Outstanding Scholar; commend........................................................... SR 348 Hunting and Fishing; "Sportsmen's Day at the Capitol"; proclaim.............................. SR 360 Huston, Mattie Downs; commend................................................................................ SR 298 Hytowitz, Neil; commend .............................................................................................. SR 41 Igbo Union Atlanta; commend ..................................................................................... SR 320 Improvement of the HOPE Scholarship Joint Study Commission; create ................... SR 220 Israel; fight against terrorism; express support ............................................................ SR 154 Jackson, Whitney Laine; Outstanding Scholar; commend........................................... SR 356 Jamieson, Honorable Jeanette; commend .................................................................... SR 216 Jefferson High School Wrestling Team; commend ..................................................... SR 296 Jenkins County Varsity Basketball Team; commend................................................... SR 467 Jennings, Mary F. and Harold E.; commend ................................................................ SR 359 Jerkins, Joe; Mayor of Austell; commend.................................................................... SR 181 Johnson, Alysia Owens; commend.............................................................................. SR 495 Johnson, Lorraine A.; commend .................................................................................... SR 11 Johnson, Shante; 1000 SAT Club Award; commend................................................... SR 390 Johnston, Alexander; commend ..................................................................................... SR 10 Jones, Constance; commend......................................................................................... SR 504 Jones, Johnnie Catherine Banks; commend ................................................................. SR 403 Jones, Natasha Royal; commend.................................................................................. SR 494 Jones, Terry Ray; condolences ..................................................................................... SR 186 Jonesboro High School Mock Trial Team; commend.................................................. SR 289 Kappa Alpha Psi Fraternity, Inc.; commend ................................................................ SR 249 Kelley, Brittani; 4-H member; commend ..................................................................... SR 139 Kelley, Frances Helms; commend................................................................................ SR 406 Kennedy, Nancy C.; commend..................................................................................... SR 125 Kenty, Sammie Edward Sr.; honoring his retirement..................................................... SR 40 Kenyon, Judge Allen Richard; pay tribute ................................................................... SR 223 Kicklighter, William R. "Bill"; commend .................................................................... SR 268 Kilpatrick, Jeremy; commend ...................................................................................... SR 436 Kimbrough, Willie C.; commend ................................................................................. SR 312 King, Horace, Master Builder of Covered Bridges; tribute to ....................................... SR 99 Kitchens, Barbara; commend ....................................................................................... SR 435 Kitchens, Gordon E., Jr.; congratulate ......................................................................... SR 420 Knight, Jenna; 4-H member; commend........................................................................ SR 129 Knowles, Ryan; commend ........................................................................................... SR 425 Korean Immigration; 100 years; recognizing................................................................. SR 87 LaGrange Personal Aid Association, Inc.; commend .................................................. SR 284 Lanierland Music Park; commend ................................................................................. SR 16 Larry's Biscuits in Buford; commend........................................................................... SR 424 Laughlin, Melinda; commend ...................................................................................... SR 525

INDEX

3565

Ledbetter, Lauren; 4-H member; commend ................................................................. SR 132 Lee, Bernetta; commend................................................................................................. SR 15 Lemons, Marino Angelo; commend............................................................................. SR 473 Liberty Day and International Association of Lions Clubs; recognize ........................ SR 402 Lightle, Bill; commend................................................................................................. SR 421 Liles, F. Graham, Jr.; retirement .................................................................................. SR 377 Logan, Hugh; outstanding public service; commend..................................................... SR 75 Loganville, City of; commend........................................................................................ SR 61 Lowery, Chastity F.; Outstanding Scholar; commend ................................................. SR 355 Loyalty Day; patriotic salute to our armed forces; recognize ...................................... SR 361 Lucas, Andrew John; Outstanding Scholar; commend ................................................ SR 338 Lumpkin, Corey; commend............................................................................................ SR 72 Lyles, Laura Elizabeth; Outstanding Scholar; commend ............................................. SR 357 Lytton, Jordan; commend............................................................................................. SR 520 Magnolia Manor, South Georgia Methodist Home for the Aging; commend ............. SR 247 Mahdi, Jahan Sheree; commend................................................................................... SR 489 Manuel, Tynesha LaShaun; 1000 SAT Club Award; commend.................................. SR 393 Maple, Dr. Terry; recognize ......................................................................................... SR 462 Marcus Jewish Community Center; Harris Jacobs Dream Run; commend ................. SR 210 Maxwell, Mrs. Francis Baldwin; commend ................................................................... SR 68 McBride, Teila Simone; commend .............................................................................. SR 490 McClure, Mr. Cecil; condolences ................................................................................ SR 373 McDowell, Stephen K.; commend ............................................................................... SR 475 McGee, Dave; recognize .............................................................................................. SR 179 McKie, Joel; commend................................................................................................... SR 91 McNease, Tovi Lasharne; commend........................................................................... SR 469 McWhorter, Honorable Hamilton, Jr.; 90th birthday; congratulate ............................. SR 382 Medical Center Auxiliary of Columbus, Georgia; commend ...................................... SR 180 Meier, Mary Joyce; commend ...................................................................................... SR 507 Middle Georgia College Lady Basketball Team; commend ........................................ SR 408 Middleton, Gina Elise; Outstanding Scholar; commend.............................................. SR 347 Miles, Crystal Evita; 1000 SAT Club Award; commend............................................. SR 391 Miles, Julius Maurice; 1000 SAT Club Award; commend .......................................... SR 394 Milledgeville, Georgia; 200th anniversary................................................................... SR 100 Miller, Elandis Arelia; commend ................................................................................. SR 470 Millward, Kevin; commend ........................................................................................... SR 24 Missile Defense System; declare support..................................................................... SR 232 Mitchell-Baker High School Boys Basketball Team; commend ................................. SR 464 Mordecai, Erin A.; commend ......................................................................................... SR 64 Moss, Tom and Martha; commend............................................................................... SR 428 Motorcycle Awareness and You Month; recognize ..................................................... SR 162 Moynihan, Hon. Daniel Patrick; condolences.............................................................. SR 463 Mulkey, Amy Suzanne; Miss Georgia 2002; commend................................................. SR 47

3566

INDEX

Munro, Hillary; 4-H member; commend...................................................................... SR 133 Murphy, Liam Thomas; celebrating birth ...................................................................... SR 30 Murphy, Thomas B.; former Speaker of the House; honoring...................................... SR 52 Myositis Awareness Day; recognize ............................................................................ SR 316 National Emu Week; Georgia Emu Association; recognize ........................................ SR 192 National Guard Day in Georgia; commend.................................................................. SR 409 National Guard Day; commend.................................................................................... SR 241 Nebergall, Raechel; Outstanding Scholar; commend................................................... SR 349 Nelson, Shantice; 1000 SAT Club Award; commend.................................................. SR 392 Nesbitt, Amanda; commend ......................................................................................... SR 272 New Holland Baptist Church; recognize...................................................................... SR 274 Newell's Recycling of Atlanta; commend .................................................................... SR 541 Newnan, City of; recognize.......................................................................................... SR 432 Nigeria; Consul-General Joe Keshi; Africa Day at the Capitol ................................... SR 205 Norman, Barbara Culpepper; commend....................................................................... SR 553 North, Cadet Daniel; recognize and commend ............................................................ SR 235 Oliva, Janet R.; GBI Assistant Special Agent; recognize ............................................ SR 175 Oliver, Chanel Nicole; commend................................................................................ SR 471 Omaivboje, Elizabeth; commend ................................................................................. SR 478 O'Neal, Laurel; 4-H member; commend ...................................................................... SR 142 Overstreet, Laura Carter; Outstanding Scholar; commend .......................................... SR 342 Owens, Abby Joy and Audrey Faith; celebrating births............................................... SR 297 Owens, Marion P.; commend ....................................................................................... SR 519 Oxendine, James W.; commend ................................................................................... SR 429 Paden, Shirley; commend............................................................................................. SR 542 Parker, Linda H.; commend ......................................................................................... SR 231 Parker, Morgan Joanne; commend............................................................................... SR 479 Parkinson, Rachel; commend ....................................................................................... SR 536 Parkview High School Basketball Team; commend .................................................... SR 374 Parkview High School Panthers Football Team; commend......................................... SR 182 Partnership for Health and Accountability; commend ................................................. SR 203 Paul, Rebecca; commend ............................................................................................. SR 164 Paulding County High School Ovation Chorus; commend.......................................... SR 513 Paulding County High School; commend .................................................................... SR 511 Paulk III, Johnny D.; commend.................................................................................... SR 300 Payne, Christina; 4-H member; commend ................................................................... SR 140 Peanut Butter and Jelly Day at Capitol; commend....................................................... SR 128 Pearson, Nicholas D.; commend .................................................................................. SR 497 Perez, Daniel L.; commend .......................................................................................... SR 199 Perry High School Future Farmers of America; commend.......................................... SR 103 Perry, Marcus; commend.............................................................................................. SR 147 Perry, Teresa Denise; commend................................................................................... SR 477 Petro, Anthony Michael; Outstanding Scholar; commend........................................... SR 330

INDEX

3567

Phillips, Anne Chandler; Director of Elections in Hall County; commend ................... SR 57 Phillips, Stephen Andrew; commend ........................................................................... SR 449 Philpot, Anslie Garner; commend ................................................................................ SR 165 Pickett, Curtis Lee; condolences; Sleep Apnea Awareness; recognize ...................... SR 155 Pilkinton, Darby; condolences ..................................................................................... SR 322 Pinewood Christian Academy Girls Basketball Team; commend ............................... SR 505 Pinewood Christian Academy Softball Team; Class AA Title; commend .................. SR 506 Pinewood Christian Academy Varsity Cheerleaders; commend.................................. SR 419 Plummer, Alan L., M.D.; commend............................................................................. SR 295 Pope, Hugh Hayes; celebrate birth ............................................................................... SR 267 Porter, Dr. Orval; Superintendent of the Year 2003 ...................................................... SR 58 Positive Growth, Inc.; commend.................................................................................... SR 83 Positive Growth, Inc.; treatment for at-risk youth; commend...................................... SR 109 Potter Street Elementary School; commend................................................................. SR 370 Power, Paul; commend................................................................................................. SR 454 Prater's Mill Folklife Collection and Prater's Mill Foundation .................................... SR 437 Prescott, Karen; commend ........................................................................................... SR 538 Price, Blanchel A.; honoring ........................................................................................ SR 407 Professional Association of Georgia Educators (PAGE); commend ............................. SR 31 Pruitt, Neil Little, Sr.; condolences .............................................................................. SR 282 Public Safety Employees Day; commend....................................................................... SR 98 Purnell, Kai Sharice; 1000 SAT Club Award; commend ............................................ SR 395 Purnell, Kai Sharice; commend.................................................................................... SR 491 Railroads; remote controlled locomotives; commend.................................................. SR 453 Randall, Nekeisha; 4-H member; commend ................................................................ SR 134 Rathvon, Bryan F.; recognize....................................................................................... SR 250 Reece, Byron Herbert; recognize ................................................................................. SR 315 Reese, J. Lamar, Jr.; commend..................................................................................... SR 381 Reynolds, Jean; High School Golf Champion; commend............................................ SR 417 Rice Yard in Waycross; CSX Transportation; commend............................................. SR 446 Richards, Laura Washington; condolences .................................................................... SR 39 Richardson, Honorable Eleanor L.; recognize ............................................................. SR 245 Richt, UGA Coach Mark; commend.............................................................................. SR 80 Rincon, Diego; Army Private First Class; condolences ............................................... SR 368 Rincon, Diego; Army Private First Class; condolences ............................................... SR 378 Ritter, Sherrill W., Jr.; condolences ............................................................................ SR 427 Roach, Chris; 4-H member; commend......................................................................... SR 130 Robinson, Amy M.; Outstanding Scholar; commend .................................................. SR 339 Rockmart High School Wrestling Team; commend .................................................... SR 302 Rogers, Jimmy; commend ............................................................................................ SR 540 Roper Corporation; commend ...................................................................................... SR 496 Rountree, Justin L.; Outstanding Scholar; commend................................................... SR 334 Ruff, Brian Christopher David; commend ................................................................... SR 498

3568

INDEX

Rural Health Association and Rural Health Day; commend........................................ SR 204 Ryals, Donald Rex; Outstanding Scholar; commend ................................................... SR 350 Ryles, Cole; 4-H member; commend ........................................................................... SR 137 Sailor, Dr. W. Ron, Sr.; commend ................................................................................. SR 62 Salem United Methodist Church; commend ................................................................ SR 528 Scarbrough, Ethel 'MawMaw' Day in Ellenwood; recognize....................................... SR 188 Scarlett, Kisha; 1000 SAT Club Award; commend ..................................................... SR 396 Science, Arts, and Cultural Services, Funding of; Study Committee; create............... SR 325 Screven County High School Football Team; First State Title; commend .................. SR 202 Search and Rescue Dogs; authorize erection of monument honoring..........................HR 357 Senate Aides; 2003 committee service; commend....................................................... SR 501 Senate Interns; 2003 Regular Session; commend ........................................................ SR 499 Senior Week at the Capitol; acknowledge ................................................................... SR 230 Sergeant at Arms and Doorkeepers; commend ............................................................ SR 500 Sethna, Dr. Beheruz N.; commend................................................................................. SR 92 Sheats, Alvin; outstanding public service; commend .................................................... SR 79 Shipman, Rev. James; honoring anniversary ................................................................. SR 34 Silver-Haired Legislature; commend ........................................................................... SR 219 Sims, Cliff; 4-H member; commend ............................................................................ SR 141 Sims, Ms. Jena; commend ............................................................................................ SR 193 Smith, Edith; commend ................................................................................................ SR 170 Smith, Kristie L.; Outstanding Scholar; commend ...................................................... SR 333 Smith, Lela and Percy; 60th wedding anniversary; congratulate ................................. SR 152 Snell, Edwin Richard, Jr.; honoring the memory ......................................................... SR 423 Stancil, Steve; recognize public service ....................................................................... SR 176 Stephen, Faith L.; Outstanding Scholar; commend...................................................... SR 328 Stephens, Alex Maxson; celebrating birth ..................................................................... SR 27 Stephens, Kendall Addison; celebrating birth................................................................ SR 28 Stephens, Lisa; 4-H member; commend ...................................................................... SR 135 Stephens, Robert G., Jr.; condolences ......................................................................... SR 190 Stephenson High School; SAT 1000 Club; commend ................................................. SR 558 Stuckey, Wanda; Teacher of the Year; commend ........................................................ SR 516 Sullivan, Grace Elizabeth; celebrating birth .................................................................. SR 17 Tabor, Addis Alexia; commend ................................................................................... SR 492 Taiwan, Republic of China; efforts toward peace and stability; commend ................. SR 305 Tallatoona Community Action Partnership; commend ................................................ SR 365 TASC; Treatment Accountability for Safer Communities; commend ......................... SR 294 Tattnall-Evans Baptist Association; commend ............................................................ SR 466 Taylor, L.W., Jr.; commend ......................................................................................... SR 527 Terry, Rev. Ronald E., Sr.; 24th Anniversary; honoring.............................................. SR 218 Thach, Frank F. Jr.; commend...................................................................................... SR 257 Thomson High School football team; commend.......................................................... SR 279 Tobacco Master Settlement Agreement; state's payment rights; proposals ................. SR 227

INDEX

3569

Todd, Joseph, Jr.; Outstanding Scholar; commend ...................................................... SR 352 Tomblin, Doris Mikel; commend ................................................................................. SR 418 Travicks, Tasia Monique; commend ............................................................................ SR 476 Trawick, Stephanie; 1000 SAT Club Award; commend.............................................. SR 397 Tucker, Bella Brooks; celebrating birth ......................................................................... SR 19 Tudela, Mark Allen; commend .................................................................................... SR 187 Turner, Annette Howell; honoring the memory........................................................... SR 552 Turner, Dionne Olivia; Outstanding Scholar; commend.............................................. SR 332 Turner, Master Trooper Robert Kevin; recognize........................................................ SR 173 U.S. Armed Forces Serving Operation Iraqi Freedom; expressing support................. SR 258 U.S. Armed Forces; Operation Iraqi Freedom; expressing support ............................. SR 290 U.S. Korea Daily News; 2000th edition; recognize publishing ................................... SR 237 U.S.A. Track & Field Recognition Day in Georgia; commend ................................... SR 178 U.S.A. Track and Field Recognition Day; commend................................................... SR 383 Varnadoe, Angela; commend ....................................................................................... SR 401 Vinson, Andrew; commend............................................................................................ SR 26 Walker, Kellie Alesia; commend ................................................................................ SR 472 Walling, Bob; condolences........................................................................................... SR 209 Walsh, Jarrett E.; Outstanding Scholar; commend....................................................... SR 351 Wansley, Belinda; commend........................................................................................ SR 457 Wayne County 4-H (Senior) Archery Team; commend............................................... SR 167 Weimar, Steven Douglas; commend ............................................................................ SR 410 Welch, Carlos; Outstanding Scholar; commend .......................................................... SR 329 Wheeler High School Boys Varsity Basketball Team; commend................................ SR 288 Whitaker, Dan; commend............................................................................................. SR 426 White, Lauren Janel; 1000 SAT Club Award; commend ............................................ SR 398 Whitefield Academy Boys Basketball Team; commend.............................................. SR 270 Whitley, Quashindra Lasha; commend ........................................................................ SR 474 Whorton, Stefanie; 4-H member; commend ................................................................ SR 136 Wiggins, Hal and Responding EMS/LifeStar Professionals; commend ...................... SR 200 Williams, Christia T.; Outstanding Scholar; commend................................................ SR 345 Williams, Erica; 1000 SAT Club Award; commend.................................................... SR 399 Wilson, David, Sr., Petty Officer; commend.................................................................. SR 71 Wilson, Ione; commend ............................................................................................... SR 537 Wilson, Matthew; 4-H member; commend .................................................................. SR 144 Wilson, Natalie; commend ........................................................................................... SR 456 Wise, Melissa Gavrielle; commend.............................................................................. SR 493 Women in Construction Week, NAWIC Atlanta Chapter; recognize.......................... SR 113 Women in Construction Week; recognize.................................................................... SR 106 Wood, J.T.; commend .................................................................................................. SR 539 Woodpecker Trail; urge reestablish scenic route as tourist attraction.......................... SR 415 Woodruff, Josh; Outstanding Scholar; commend ........................................................ SR 346 Wright, Janie Mae Fields; condolences.......................................................................... SR 89

3570

INDEX

Wright, Robert J.; Outstanding Scholar; commend ..................................................... SR 341 Wyatt, Sarah; Miss Cobb County 2003; congratulate .................................................. SR 157 Yeager, Daniel C.; commend ....................................................................................... SR 261 YMCA of Georgia; Youth Assembly/Junior Youth Assembly Programs; commend ...................................................................................................................... SR 168 York, Jim L.; 2002 C.A. Kelley Citizenship Award; congratulate .............................. SR 405 Young, Brian C.; recognize.......................................................................................... SR 255 Young, Kevin M.; recognize ........................................................................................ SR 256 Young, Ronald D. Jr.; U.S. Army Helicopter Officer; Iraqi POW; support ................ SR 443
RETIREMENT AND PENSIONS Assistant District Attorneys; retirement; prior service credit....................................... SB 318 Defined Contribution Plans; employer and employee contributions............................HB 475 Employee's Retirement; benefits for certain law enforcement officers, troopers and GBI agents; age 55 or 25 years................................................................ SB 152 Employees' Retirement; law enforcement personnel; enhanced benefits.................... SB 212 Employees' Retirement; creditable service; prior temporary full-time staff................ SB 305 Employees' Retirement; secretaries of appellate/superior court judges, DAs ............... SB 98 Georgia Military Pension Fund; certain active duty not break in service ....................HB 461 Judges of the Probate Courts Retirement; application; date of benefits ......................HB 270 Law Enforcement Officers or Agents; retirement benefits .......................................... SB 114 Peace Officers' Annuity and Benefit Fund; increase dues ...........................................HB 268 Peace Officers' Benefit Fund; membership; county jail officers.................................. SB 189 Public School Employees Retirement; increase benefit...............................................HB 266 Retirement and Pensions Code; corrections.................................................................HB 103 State Deferred Compensation Plans; contributions; employers, employees ................ SB 155 State Employee's Retirement Options; early retirement incentives.............................. SB 159 State Employee's Retirement; development and implementation of options; early retirement incentives ........................................................................................... SB 126 State Retirement Plan Options; Joint Study Committee; create ................................... SR 107 Teachers Retirement; contribution rate; certain reduction ...........................................HB 267 Teachers Retirement; creditable service in a local school system. ................................ SB 30 Teachers Retirement; creditable service; independent school system service ............. SB 226 Teachers Retirement; creditable service; prior independent school service ............... SB 141 Teachers Retirement; University System employees; optional plan ............................ SB 253
REVENUE BONDS Revenue Bond Law; 'undertaking'; gas generation systems; remove referendum requirement; War on Terrorism Local Assistance Act ............................... SB 87 Revenue Bonds; issuance of obligations; change certain provisions........................... SB 274
REVENUE, DEPARTMENT OF Employees' Retirement; law enforcement personnel; enhanced benefits.................... SB 212

INDEX

3571

Greenspace Trust Fund; taxpayer voluntary income tax contributions........................ SB 247 Income Tax; claim for refund; filing date ....................................................................HB 469 Revenue Commissioner; powers and duties; tax executions; tax liabilities.................HB 556 Revenue, Department of; administration; duties; official office location ..................... SB 56
REYNOLDS Reynolds, City of; mayor and council; compensation..................................................HB 396
RICHMOND COUNTY Public Property; conveyances....................................................................................... SR 121 Richmond County; probate judge; nonpartisan elections............................................. SB 387
RIVERS, LAKES, AND HARBOR DEVELOPMENT Ad Valorem Tax; bona fide conservation use property; riverside or streamside land; local sales taxes; prohibition; exception............................................HB 290 Lake Lanier Islands Development Authority; allocation of certain funds ...................HB 519 Lake Oconee; prohibit certain boats.............................................................................HB 444 Oconee River Greenway Authority; amend provisions................................................HB 596 Water Resources; comprehensive state water planning to control pollution and surface-water use; ground-water permits; river basin plans.................................. SB 180 Water Resources; state-wide water management plan .................................................HB 237
ROCKDALE COUNTY Rockdale County; recognize ........................................................................................ SR 161
S
SAFE PLACE FOR NEWBORNS Abandoned Child Protection Act; newborns left at medical facilities; penalty ........... SB 186
SALE CITY, CITY OF Sale City, City of; new charter .....................................................................................HB 940
SALES AND USE TAX (Also see Taxation and Revenue) Joint County and Municipal Sales Tax; 2% levy; consolidated governments .............HB 287 Local Sales Taxes; limitation; certain exclusions ........................................................HB 709 Motor Fuel Tax; prepaid tax.........................................................................................HB 504 Property Involved with Illegal Drug Activities; enhanced penalties ........................... SB 324 Sales Tax Exemption; liquid petroleum gas; horticultural purposes............................HB 148 Sales Tax on Motor Fuel; proceeds for local assistance road programs ...................... SR 159 Sales Tax; applicable to commerce and trade; definitions ............................................. SB 62 Sales Tax; certain carpet samples; fair market value ...................................................HB 189 Sales Tax; dealers' returns; retail sales tax data by location of sale ............................. SB 107

3572

INDEX

Sales Tax; educational purposes; local boards; performance audit..............................HB 346 State and Local Tax Revision Act of 2003; enact..........................................................HB 43
SANCHEZ, U.S. CONGRESSWOMAN, LORETTA; addressed Senate..............Page 2489
SANDY SPRINGS Sandy Springs Study Commission; creating ................................................................ SR 323 Sandy Springs, City of; incorporation and charter ......................................................... SB 49 Santa Claus, City of; homestead exemption; base year assessed value........................HB 785
SAVANNAH, CITY OF Designate; The Mighty Eighth Air Force Heritage Museum; Funk Heritage/Bennett Center at Reinhardt College............................................................... SB 33 Savannah River; Joint Port Authority Study Committee; proposed operation on both north and south sides of river .......................................................................... SR 271 Savannah St. Patrick's Day Committee and Grand Marshal ........................................ SR 198
SCHOOL BUSES Commercial Motor Vehicles and School Buses; prohibitions ..................................... SB 173 School Bus Drivers; annual mandatory training; equipment; safety procedures; 'Aleana's Law' ........................................................................................... SB 143
SCHOOL READINESS, OFFICE OF Student Achievement, Office of; create; comprehensive revisions regarding education accountability............................................................................................... SB 248
SCHOOLS Charter Schools Act; virtual charter schools; provide construction............................. SB 203 Charter Schools; funding; facilities fund; surplus property; bulk purchasing ............. SB 216 Criminal Records; disclosure; caring for children, elderly, or mentally ill.................... SB 22 Education; Certified School Social Worker Specialists; salary increase .....................HB 320 Local School Taxation; five mill share funds; calculations ........................................... SB 99 Local School Taxation; five mill share funds; increased student population; capital expenditures...................................................................................................... SB 100 Public Schools; time period for students to express personal religious beliefs ............. SB 90 Sexually Violent Predators; prohibited within proximity of minors ............................ SB 101 Student Achievement, Office of; create; comprehensive revisions regarding education accountability............................................................................................... SB 248 Teachers/Other Professional Employees; contracts; terms and conditions.................. SB 223 Teachers; rights in demotion and nonrenewal of contracts............................................ SB 19 Uniform Rules of the Road; traffic-control signal monitoring devices; civil monetary penalties........................................................................................................HB 182

INDEX

3573

Zoning Procedures; land adjacent military base, installation, or airport; Local Government Code Enforcement Boards Act................................................................ SB 261
SCREVEN COUNTY Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120 Screven County; chief magistrate; nonpartisan elections.............................................HB 904 Screven County; probate judge; nonpartisan elections ................................................HB 849 Screven County; public facilities authority; create ......................................................HB 936
SEARCHES AND SEIZURES (Also see Criminal Procedures; Warrants) Appeals in Death Penalty Cases; new trial; request DNA testing and analysis ........... SB 119 Appeals; postconviction DNA testing; procedure........................................................HB 599 Internet/Computer Safety Act; offenses of internet contact with a child ..................... SB 103
SEAT BELTS Seat Belts; child restraints; change age ........................................................................HB 217
SECRETARY OF STATE Business Corporations; mergers or share exchange; shareholders' rights.................... SB 211 Corporations; reservation of names and filing fees; change provisions....................... SB 132 Ethics in Government; Financial Disclosure Reform Act of 2003; enact........................ SB 3 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; revisions........................................................ SB 108 International Affairs Coordinating Council; create......................................................HB 324 Sheriff, Office of; nonpartisan elections ........................................................................ SB 26 Voting; direct recorded electronic voting systems; provide voter printed record of the vote cast .................................................................................................. SB 340
SECURITIES Illegal Drug Trafficking; anhydrous ammonia, methamphetamine, amphetamine; increase criminal penalty ...................................................................... SB 205
SELLING AND OTHER TRADE PRACTICES (Also see Commerce) Fair Business Practices; certain motor vehicle sales; spot delivery ...............................HB 94 Identity Fraud; violations; law enforcement investigations; victims damages ............ SB 349 Illegal Drug Trafficking; anhydrous ammonia, methamphetamine, amphetamine; increase criminal penalty ...................................................................... SB 205 Motor Vehicle Franchises; warranty reimbursement agreements; enforce..................HB 581 Payday Lending; deferred presentment or advance cash services; regulate................. SB 157 Public Accommodation; prohibit discrimination against motorcyclists......................... SB 74 Public Accommodations; not exclude motorcyclist from access or admission............ SB 139

3574

INDEX

Retail Installment Contracts and Revolving Accounts; fees ........................................HB 517
SENATE BROC; Budget Responsibility Oversight Committee; members; appointment ........... SB 330 Children and Youth Welfare Services, Improvement Plans; study committee ............ SR 281 Election Districts; legislative and congressional reapportionment; specify requirements; community of interest.............................................................................. SB 91 Electric Transmission Lines, Study Committee; create ............................................... SR 431 Georgia's Transportation Needs, Study Committee; create.......................................... SR 422 Hospital Indigent Care Funding Study Committee; create........................................... SR 416 Medicaid; Study Committee; create ............................................................................. SR 461 Morning Roll Calls: ..... Pages 8, 40, 59, 80, 86, 95, 110, 120, 130, 136, 152, 162, 179, 189, 203, 224, 251, 267, 311, 333, 361, 418, 446, 468, 501, 763, 822, 992, 1180, 1322, 1379, 1523, 1630, 1764, 1795, 1824, 1919, 2028, 2402, 2694 Senate Aides; 2003 committee service; commend....................................................... SR 501 Senate Convened; notify House of Representatives......................................................... SR 2 Senate Interns; 2003 Regular Session; commend ........................................................ SR 499 Senate Officials, Employees, and Committees................................................................. SR 4 Senate Rules; amend; Committee on Ethics, new name, powers, duties ..................... SR 122 Senate; Adopt Rules ......................................................................................................... SR 5 Senatorial Districts; apportionment and qualifications; change composition .............. SB 239 Senatorial Districts; composition; number; apportionment.............................................. SB 2 State Government Cost Control, Senate Commission; Senate Private Sector Advisory Committee; establishing ............................................................................... SR 273 Teleworking Study Commission; create ...................................................................... SR 447 Watershed Dams; committee to study safety issues..................................................... SR 442
SENATORS ADELMAN; absence from Morning Roll Call .................................................P..a..g..e.s 311, 361 ADELMAN; excused ....................................................................................P..a..g..e..s..1. 921, 2976 ADELMAN; explanation of vote on SB 101 ...........................................................Page 1210 ADELMAN; explanation of vote on HB 688 ..........................................................Page 2381 BALFOUR; absence from Morning Roll Call ..................................................P..a..g..e.s 163, 252 BALFOUR; appointment to Interstate Cooperation Committee..............................Page 456 BALFOUR; excused ............................................................................................... Page 468 BLITCH; absence explained ....................................................................................Page 408 BLITCH; absence from Morning Roll Call ....................................... Pages 59, 110, 268, 310 BLITCH; excused.................................................P..a..g..e..s..3..1..0. , 333, 418, 468 1764, 3079, 3101 BLITCH; explanation of vote on SB 29............................................................P..a..ges 310, 315 BLITCH; explanation of vote on SB 91.................................................................. Page 227 BLITCH; explanation of vote on HB 121 ................................................................Page 957 BOWEN; excused ................................................................................................... Page 1550 BOWEN; remove sponsorship from SB 133............................................................Page 350

INDEX

3575

BROWN; absence from Morning Roll Call .............................................................Page 194 BROWN; excused ................................................................................................... Page 1264 BROWN; explanation of vote on Local Calendar....................................................Page 998 BROWN; explanation of vote on HB 289................................................................Page 2377 BRUSH; excused.............................................................................................P..a.ges 768, 2378 BUTLER; excused .................................................................................................. Page 2402 BUTLER; explanation of vote on HB 380...............................................................Page 2455 BUTLER; Minority Report filed on SB 6 ................................................................Page 129 CAGLE; appointment to Banking and Financial Institutions Committee................Page 349 CAGLE; excused..................................................................................................... Page 1159 CAGLE; explanation of vote on SB 109................................................................. Page 376 CLAY; absence from Morning Roll Call ................................................................ Page 120 CLAY; appointment to Interstate Cooperation Committee as Chairman.................Page 171 CLAY; excused ....................................................................................................... Page 2430 CLAY; explanation of vote on SB 23 ..................................................................... Page 433 CHEEKS; absence from Morning Roll Call ............................................................Page 334 CHEEKS; communication on party affiliation.........................................................Page 5 CHEEKS; excused ..........................................................................................P..a..g..es 259, 1672 CHEEKS; explanation of vote on SB 5................................................................... Page 1339 COLLINS; absence from Morning Roll Call ...........................................................Page 268 COLLINS; authorize Senator Brush Chair Children and Youth meeting................Page 1819 COLLINS; excused .............................................................................P..a..g..e..s..1..6..3..0..,. 1764, 1796 COLLINS; explanation of vote on SB 14 ................................................................Page 193 COLLINS; explanation of vote on SB 91 ................................................................Page 227 COLLINS; explanation of vote on SB 162 ..............................................................Page 777 COLLINS; explanation of vote on SB 338 ..............................................................Page 1733 CROTTS; absence explained ...................................................................................Page 82 CROTTS; excused.........................P..a..g..e.s 130, 189, 763, 1266, 1322, 1381, 1581, 1797, 2102 DEAN; excused .......................................................................................P..a..g..e..s. 109, 251, 3019 DEAN; explanation of vote on SB 51 ..................................................................... Page 1367 DEAN; explanation of vote on SB 101 ................................................................... Page 1367 DEAN; explanation of vote on HB 191 .................................................................. Page 1941 FORT; excused........................................................................................................ Page 1550 FORT; objection to Local Calendar; HB 448 ..........................................................Page 2036 FORT; objection to Local Calendar; HB 929 ..........................................................Page 2705 GILLIS; absence explained ......................................................................................Page 82 GILLIS; absence from Morning Roll Call ...............................................................Page 81 GILLIS; excused ..................................................................................................... Page 179 GOLDEN; excused......................................................P..a..g..e..s..179, 189, 822, 1630, 1918, 2402 HALL; explanation of vote on SB 5 .............................................................P..a.ges 1339, 1523 HAMRICK; excused ................................................................................................Page 1532 HARBISON; excused......................................................P..a..g..e..s..152, 446, 467, 500, 763, 1802 HARBISON; explanation of vote on SB 24.............................................................Page 341

3576

INDEX

HARBISON; resignation from chairmanship; Interstate Cooperation.....................Page 68 HARP; absence from Morning Roll Call ................................................................ Page 764 HARP; excused ...............................................................................................P. ages 333, 1294 HARP; explanation of vote on SB 80 ..................................................................... Page 1289 HARP; explanation of vote on SB 147 ................................................................... Page 1206 HARP; explanation of vote on SB 150 ................................................................... Page 1570 HARP; explanation of vote on SB 213 ................................................................... Page 1008 HARP; explanation of vote on HB 422................................................................... Page 1970 HENSON; excused................................................................Pages 468, 503, 992, 1435, 1764 HILL; absence from Morning Roll Call.................................................................. Page 163 HILL; excused ...............................................................................................P. ages 1203, 2374 HOOKS; appointment to Special Judiciary Committee ........................................... Page 435 HOOKS; excused ..............................................................P..ages 180, 1379, 1688, 1726, 2150 HOOKS; excused on SB 233 pursuant to Rule 175 .................................................Page 1343 HOOKS; remove sponsorship from SB 355 ............................................................Page 1313 HOOKS; resignation from Science and Technology Committee.............................Page 435 JACKSON; appointment to Interstate Cooperation Committee; Secretary .............Page 350 JACKSON; excused ................................................................................................ Page 2031 JACKSON; explanation of vote on HB 121 ............................................................Page 744 JACKSON; explanation of vote on SB 313 .............................................................Page 1728 JACKSON; explanation of vote on HB 339 ............................................................Page 2578 JOHNSON; addressed Senate ..................................................................................Page 11 JOHNSON; appointment to Ethics Committee ........................................................Page 171 JOHNSON; elected President Pro Tempore.............................................................Page 11 JOHNSON; excused......................................................................................P..a..g..e..s..1523, 1586 KEMP, R.; absence from Morning Roll Call ...........................................................Page 311 KEMP, R.; excused ................P..a..g..e..s..1..6..2.., 333, 446, 763, 992, 1199, 1523, 1710, 1795, 1918,
2322, 2555, 2720, 3026, 3105 LAMUTT; absence explained ..................................................................................Page 140 LEE; excused...............................................................................P..a..g..e..s..3..1..0..,. 1693, 1785, 2352 LEVETAN; excused..................................................................P..a..g..e..s..1..3..3..7..,..1..3..8..0..,..1786, 2386 LEVETAN; explanation of vote on SB 22...............................................................Page 476
LEVETAN; explanation of vote on SB 44...............................................................Page 297 LEVETAN; explanation of vote on SB 210.............................................................Page 1680 LEVETAN; explanation of vote on SB 257.............................................................Page 1541 LEVETAN; explanation of vote on HB 722 ............................................................Page 2548 LEVETAN; explanation of vote on Local Calendar ................................................Page 156 MEYER VON BREMEN; absence from Morning Roll Call.................................. Page 2694 MEYER VON BREMEN; excused...........................P..a..g. es 180, 480, 1299, 1561, 1727, 1803 MEYER VON BREMEN; explanation of vote on SB 162..................................... Page 777 MEYER VON BREMEN; remove sponsorship from SB 355................................ Page 1313 MOODY; explanation of vote on SB 24 ................................................................. Page 341 MULLIS; explanation of vote on SB 151 ................................................................Page 1571

INDEX

3577

POLAK; resignation letter........................................................................................Page 2 PRICE; excused.............................................................................................P..a. ges 1584, 1710 PRICE; explanation of vote on SB 52..................................................................... Page 1212 PRICE; notice to engross HB 380 ............................................................................Page 1756 REED; absence from Morning Roll Call ....................................................P..a..g..e..s..5..9, 180, 252 REED; explanation of vote on SB 347.................................................................... Page 1676 REED; explanation of vote on HB 268 ................................................................... Page 1788 SEABAUGH; appointment to Interstate Cooperation Committee...........................Page 456 SEABAUGH; excused ..................................................................................P..a..g..e..s..1. 343, 1688 SEAY; absence explained ........................................................................................Page 1532 SEAY; absence from Morning Roll Call ................................................................ Page 40 SEAY; excused..........................P..a..g..es 418, 1206, 1523, 1630, 1764, 1824, 1918, 2028, 2908 SHAFER; absence from Morning Roll Call.............................................................Page 110 SHAFER; excused.............................................................................................P..a.ges 179, 189 SHAFER; explanation of vote on SB 29................................................................. Page 315 SHAFER; explanation of vote on SB 109................................................................Page 376 SMITH, F.; absence from Morning Roll Call ..........................................................Page 140 SMITH, F.; excused ........................................P..a..g..e..s..3..3..3..,..3..6..1.., 418, 446, 468, 500, 763, 1343 SMITH, F.; remove sponsorship from SB 355.........................................................Page 1314 SMITH, F.; resignation from Interstate Cooperation Committee ............................Page 350 SMITH, P.; excused ................................................................................................ Page 1630 SQUIRES; excused ...............................................................P. ages 189, 203, 500, 1283, 3101 STARR; appointment to Banking and Financial Institutions Committee ................Page 172 STARR; excused ...............................................................................................P. ages 179, 418 STARR; explanation of vote on SB 248 ................................................................. Page 1435 STEPHENS; excused ............................................................................P..a..g..e..s..3..1..0..,..1. 561, 2352 STEPHENS; explanation of vote on SB 168 ...........................................................Page 1248 STOKES; excused ................................................................................................... Page 1803 STOKES; explanation of vote on SB 201 ................................................................Page 1584 STREAT; communications on court case ................................................................Page 3 TANKSLEY; authorize Senator Hamrick to conduct Judiciary meeting.................Page 1377 TANKSLEY; excused ..............................................................................................Page 431 TANKSLEY; excused pursuant to Rule 175 on HB 375 ........................................ Page 1921 TATE; absence from Morning Roll Call.........................................P..a..g..e..s..2..6..8..,..5..0..1. , 823, 2694 TATE; excused................................................................................................Pages 342, 2578 TATE; explanation of vote on SB 85...................................................................... Page 450 TATE; explanation of vote on SR 85...................................................................... Page 257 TATE; explanation of vote on HB 837 ................................................................... Page 3373 THOMAS, D.; excused ............................................................................................Page 95 THOMAS, N.; excused .......................................................P..a..g..e..s. 162, 179, 1584, 1921, 2578 THOMAS, N.; explanation of vote on HB 380........................................................Page 2454 THOMAS, N.; protest on germaneness; SB 179......................................................Page 1577 THOMAS, N.; remove sponsorship from SR 38 .....................................................Page 1598

3578

INDEX

THOMAS, R.; excused .........................................P..a..g..e..s..1..2..6..5..,..1..3. 22, 1339, 1381, 1630, 1654 THOMAS, R.; explanation of vote on SB 84...........................................................Page 365 THOMPSON; absence explained.............................................................................Page 68 THOMPSON; absence from Morning Roll Call ......................................................Page 110 THOMPSON; communication filed; Governor Barnes' appointments ...................Page 2724 THOMPSON; communication; objection to Local Calendar; HB 837....................Page 3373 THOMPSON; excused ........................P..a..g..e..s 59, 95, 224, 310, 1294, 1550, 1795, 2856, 3105 THOMPSON; explanation of vote on HB 121 ........................................................Page 957 THOMPSON; objection to Local Calendar; HB 982...............................................Page 2707 THOMPSON; protest filed; Governor Barnes' appointments ................................ Page 2401 TOLLESON; excused .....................................................................P..a..g..e..s..9..5..,..3..3..3..,..1. 399, 1664 TOLLESON; remove sponsorship from SB 131......................................................Page 300 UNTERMAN; absence from Morning Roll Call ............................................P..a..g..e..s. 252, 2029 UNTERMAN; excused ...................................................P..a..g..e..s..1..2. 85, 1388, 1570, 1733, 1743 UNTERMAN; explanation of vote on SB 162 ........................................................Page 777 WILLIAMS; appointment to Interstate Cooperation Committee.............................Page 456 WILLIAMS; excused ................................................................. Pages 333, 1203, 1672, 1795 WILLIAMS; explanation of vote on SB 11 .............................................................Page 296 WILLIAMS; explanation of vote on SB 20 .............................................................Page 750 WILLIAMS; explanation of vote on SB 44 .............................................................Page 297 WILLIAMS; explanation of vote on SB 77 .............................................................Page 1552 WILLIAMS; explanation of vote on SB 151 ...........................................................Page 1572 WILLIAMS; explanation of vote on HB 327 ..........................................................Page 2430 WILLIAMS; explanation of vote on HB 526 ..........................................................Page 2366 ZAMARRIPA; absence from Morning Roll Call .............................................P..a..g..e.s 153, 993 ZAMARRIPA; appointment to Science and Technology Committee .....................Page 435 ZAMARRIPA; explanation of vote on SB 20..........................................................Page 750 ZAMARRIPA; explanation of vote on SB 89..........................................................Page 1560 ZAMARRIPA; explanation of vote on HB 493.......................................................Page 2348 ZAMARRIPA; resignation from Special Judiciary Committee...............................Page 435
SENTENCE AND PUNISHMENT (Also see Criminal Procedure) Assault; person with HIV/hepatitis endangering peace/correction officers....................SB 20 Criminal Procedure; discovery in felony cases; oral scientific reports; sentence hearings...........................................................................................................SB 175 Illegal Drug Trafficking; anhydrous ammonia, methamphetamine, amphetamine; increase criminal penalty .......................................................................SB 205 Life Without Parole; imposed in certain cases under certain circumstances ................SB 149 Vehicular Homicide in the Second Degree; change provisions ....................................SB 227
SEWAGE; HOLDING TANKS; SEPTIC TANKS Septic Tank Waste; disposal sites; handling facilities ..................................................SB 176

INDEX

3579

SEXUAL AND DRUG ACTIVITIES, PLACES USED, NUISANCE ABATEMENT Property Involved with Illegal Drug Activities; enhanced penalties ............................SB 324
SEXUAL OFFENSES (Also see Crimes and Offenses) Blue Ribbon Commission on Response, Investigation, Prosecution of Sexual Assault Offenses..............................................................................................................SR 35 Child Sexual Exploitation; unlawful acts involving computer pornography ................SB 124 Computer Pornography/Child Exploitation Prevention Act; unlawful acts ....................SB 51 Criminal Prosecution for Offenses Against Minor Children; pleas ................................SB 21 Criminal Records; disclosure; caring for children, elderly, or mentally ill.....................SB 22 Cruelty to Children; crime of endangerment; sexual abuse; prosecution........................SB 10 Persons Supervising Children; criminal background checks; National Crime Information Center ....................................................................................................... HB 316 Prostitution, Pimping or Pandering; keeping a place for; penalties ................................SB 77 Sex Offender Registration; amend provisions ............................................................. HB 463 Sexual Exploitation of Children; computer pornography; obscene Internet contact with child ......................................................................................................... HB 462 Sexually Offensive Material/Content; distribution through electronic media ................. SB 5 Sexually Violent Predators; prohibited within proximity of minors .............................SB 101 Street Gangs; graffiti; violent acts; weapons possession; prohibitions .........................SB 309 Torts; immunity; medical or forensic examiners of sexual assault victims ....................SB 25
SHERIFFS (Also see Law Enforcement) Election; qualifying fees; county officials; calculation.................................................SB 153 Family Violence and Stalking Protective Order Registry; updating certain information; sheriff's duties...........................................................................................SB 123 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records.................................................................................SB 339 Gwinnett County; sheriff's office; filling of vacancies .................................................SB 154 Sheriff, Office of; nonpartisan elections .........................................................................SB 26 Sheriffs Engaging in Certain Businesses; violation of oath of office .......................... HB 415 Sheriffs; unlawful to engage in private security, private investigation or bail bond businesses; violation of oath of office..................................................................SB 117
SHORT, COY; introduced.........................................................................................Page 1505
SMITHVILLE Smithville, City of; mayor and council; staggered terms ............................................. HB 650
SOCIAL SERVICES (Also see Human Resources; Health) Adoptions/Child-Placing Agencies; records access; birth records; practices .................SB 55 Adult Day Center for Aging Adults Licensure Act; enact ........................................... HB 318 Child Abuse Records; DHR; information to Office of School Readiness ....................SB 201

3580

INDEX

Child Abuse Records; prohibited disclosure when criminal action is pending.............SB 199 Child Care Facilities; liability insurance coverage..........................................................SB 24 Child Support; computation of award, guidelines, income deduction orders .................SB 17 Children in Protective Services; conviction data relevant to adult contacts .................SB 200 Community Living or Drug Abuse Treatment Facilities; licensure; violations ............SB 264 Day-Care Facilities; licensing; liability insurance required ......................................... HB 433 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records.................................................................................SB 339 Family/Children Services; establish separate department and agency..........................SB 241 Federal Food Stamp Program for Low-Income Georgians; urge DHR adopt options to provide access...............................................................................................SR 228 Hospital Indigent Care Funding Study Committee; create............................................SR 416 Juvenile Proceedings; placement of child after termination order; options ..................SB 236 Long-Term Care Services; in-home and community based care; consumer choice and control; Independence Plus Act ..................................................................SB 170 Medicaid; claims to recover cost of care from at fault third party; liability..................SB 191 Medicaid; managed care; medically necessary health care pilot program ....................SB 315 OCGA; Conform References to House and Senate Committee Names....................... HB 846 Persons Supervising Children; criminal background checks; National Crime Information Center ....................................................................................................... HB 316 Prescription Drugs; Georgia Rx Plan for Seniors Act ..................................................SB 304 Use of Public Money for Public Health/Social Services by Religious or Sectarian Organizations.....................................................................................................SR 1
SOIL AND WATER CONSERVATION Environmental Policy; regulatory decisions; publication requirements........................SB 172 Professional Engineers and Land Surveyors; redefine land surveying ........................ HB 726 Soil Erosion and Sedimentation; amend; Stakeholder Advisory Board....................... HB 285 Soil Erosion and Sedimentation; ordinances related to land-disturbing activities; planning and zoning commission ................................................................ HB 509 Soil Erosion Control; exemption; public roadway drainage structures.........................SB 122 Soil Investigation; soil classifiers for on-site sewage management sites; standards, qualifications ................................................................................................SB 129 Timber Harvesting Operations; local regulatory authority............................................SB 207 Water Resources; comprehensive state water planning to control pollution and surface-water use; ground-water permits; river basin plans...................................SB 180 Water Resources; farm uses; water-measuring device................................................. HB 579 Water Resources; state-wide water management plan ................................................. HB 237 Watershed Dams; committee to study safety issues......................................................SR 442
SOUTH CAROLINA, STATE OF Joint Development Authorities; county of this state and contiguous county of adjoining state; sports facility or amphitheater ............................................................ HB 309

INDEX

3581

Savannah River; Joint Port Authority Study Committee; proposed operation on both north and south sides of river ...........................................................................SR 271 Savannah River; urge bilateral port commission; GA/SC compact ............................. SR 240
SPALDING COUNTY Spalding County; change board of elections to board of elections and registration.................................................................................................................... HB 657
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS Health Care Protection Act; health care licensing violations; penalties .......................SB 162 State Licensing Boards; reduce number of members................................................... HB 597
SPORTS Criminal Records; nation-wide background checks; child care and elder care providers including volunteers with youth activities ....................................................SB 198 License Plates; special for professional sports team foundations .................................SB 228 Municipalities; lease property to certain nonprofit corporation................................... HB 423
ST. MARYS St. Marys Convention and Visitors Bureau Authority; create...................................... HB 839
STATE BOUNDARIES AND JURISDICTION Savannah River; urge bilateral port commission; GA/SC compact ............................. SR 240 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ..............................SB 133
STATE COURTS OF COUNTIES Chatham County; State Court of Chatham County; additional judge ...............................SB 9 Civil Actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction .....................................................................................................SB 337 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments..............................................................SB 109 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .....................................................................SB 102
STATE DEBT, INVESTMENT, AND DEPOSITORIES State Depositories; certain letters of credit to secure state funds................................. HB 777 State Financing and Investment Commission and Environmental Facilities Authority; amend.......................................................................................................... HB 621
STATE EMPLOYEES (Also see Ethics; Public Officials; Retirement) Assistant District Attorneys; retirement; prior service credit........................................SB 318 Defined Contribution Plans; employer and employee contributions............................ HB 475

3582

INDEX

Employee's Retirement; benefits for certain law enforcement officers, troopers and GBI agents; age 55 or 25 years.................................................................SB 152 Employees' Retirement; creditable service; prior temporary full-time staff.................SB 305 Employees' Retirement; law enforcement personnel; enhanced benefits.....................SB 212 Employees' Retirement; secretaries of appellate/superior court judges, DAs ................SB 98 Ethics in Government; Financial Disclosure Reform Act of 2003; enact.........................SB 3 Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; revisions.........................................................SB 108 Family/Children Services; establish separate department and agency..........................SB 241 Former State Employees; return to service; forfeited sick leave restored.................... HB 289 Fraud, Waste, Abuse in State Operations; whistle blower; prohibit retaliation ........... HB 708 Health Care Claims Filed Electronically; expedited process ........................................SB 350 Health Insurance; covered benefits; off-label prescription drugs ...................................SB 96 Health Insurance; state employees not covered by federal insurance plan ...................SB 282 Law Enforcement Officers or Agents; retirement benefits ...........................................SB 114 Managed Health Care Plans; independent review; state employees ............................ HB 697 Peace Officers; training expenses; reimbursement by hiring agency............................SB 215 Public Authorities; Music Hall of Fame, Sports Hall of Fame; employees; members; contracts; change provisions...........................................................................SB 88 State Benefits Plans; include employees of critical access hospitals, federally qualified health centers, and community service boards.............................................. HB 638 State Deferred Compensation Plans; contributions; employers, employees .................SB 155 State Employees' Health Insurance; agricultural commodity commission staff .......... HB 147 State Employees' Health Insurance; certain community service retirees ..................... HB 594 State Employee's Retirement Options; early retirement incentives...............................SB 159 State Employee's Retirement; development and implementation of options; early retirement incentives ............................................................................................SB 126 State Employees; consumer driven health plan option (CDHP) ...................................SB 344 State Government; phones; prohibit certain voice mail use......................................... HB 627 Transportation Department; peace officers as nonuniform investigators .....................SB 271
STATE FLAG, SEAL, AND OTHER SYMBOLS Designate; The Mighty Eighth Air Force Heritage Museum; Funk Heritage/Bennett Center at Reinhardt College................................................................SB 33 Flag; nonbinding state-wide referendum...................................................................... HB 380
STATE GOVERNMENT (Also see individual State Agencies; Public Officers) Administrative Law Judge; contested cases; submission of testimony.........................SB 319 Administrative Services, Department of; bidding procedure; delete repealer ............. HB 291 Archeologists; certain submerged artifacts; exemption against disturbing...................SB 140 Budget Act; continuation budget report; apply zero-base budgeting................................SB 8 Cigar and Cigarette Taxes; loose or smokeless tobacco; impose excise tax................ HB 379 Commercial Motor Vehicles and School Buses; prohibitions ......................................SB 173

INDEX

3583

County and State Ordinances; violation; increase penalty ........................................... HB 226 County Law Libraries; board of trustees; DA membership; funds .................................SB 83 Designate; The Mighty Eighth Air Force Heritage Museum; Funk Heritage/Bennett Center at Reinhardt College................................................................SB 33 Distance Learning and Telemedicine; use of funds in Universal Service Fund; enterprise information technology needs ........................................................... HB 456 Elections; direct recording electronic voting systems; amend provisions.................... HB 427 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ....................................SB 359 Emergency Management Employees and 911 Operators and Dispatchers; indemnification..............................................................................................................SR 213 Emergency Management Employees, 911 Operators or Dispatchers; indemnification..............................................................................................................SB 218 Eminent Domain; condemnation; electric power plants, power lines...........................SB 267 Employees' Retirement; creditable service; prior temporary full-time staff.................SB 305 Environmental Policy; regulatory decisions; publication requirements........................SB 172 Ethics in Government; Financial Disclosure Reform Act of 2003; enact.........................SB 3 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments..............................................................SB 109 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations...................................................................SB 168 Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; revisions.........................................................SB 108 Ethics; reforms; campaign contributions; activities on behalf of inmates ......................SB 31 Family/Children Services; establish separate department and agency..........................SB 241 Flag; nonbinding state-wide referendum...................................................................... HB 380 Georgia Emergency Medical Services Medical Directors Advisory Council.................SB 81 Georgia Emergency Operations Plan; unified incident command system; training emergency response personnel.........................................................................SB 243 Greenspace Trust Fund; taxpayer voluntary income tax contributions.........................SB 247 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .....................................................................SB 102 Limitation on State Taxation, Spending, and New or Expanded Activities; revenue limits; excess revenues; emergencies ..............................................................SR 163 Local Government or Board of Education; contracts; bid opportunity advertisements; Georgia Procurement Registry ............................................................SB 342 Minority Business Enterprises; certification procedure defined in federal law ............SB 115 OCGA; Conform References to House and Senate Committee Names....................... HB 846 Peace Officers; training expenses; reimbursement by hiring agency............................SB 215 Property Conveyances; authorizing in 8 counties; Baldwin, Bartow, Chatham, Decatur, DeKalb, Fulton, Wayne and White ................................................SR 224 Public Authorities; Music Hall of Fame, Sports Hall of Fame; employees; members; contracts; change provisions...........................................................................SB 88

3584

INDEX

Public Property; conveyance; granting of easements for facilities, utilities 15 counties and Tennessee .................................................................................................SR 120 Public Property; conveyances; Macon, Muscogee, Richmond, Talbot, Troup, Decatur, Fulton, Coffee, Baldwin Counties ..................................................................SR 121 Public Records Inspection; refusal to provide access; penalty......................................SB 177 Public Records Inspection; written requests; certain information redacted ................. HB 246 Public Records, Meetings; disclosure; exceptions to requirements ..............................SB 113 Public Records; exempt disclosure of home street address, telephone number............SB 351 Public Transportation Funds; allocation among congressional districts .........................SB 79 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities .......................................................SB 273 Regulatory Reform Act .................................................................................................SB 361 Revenue, Department of; administration; duties; official office location.......................SB 56 Sales Tax; dealers' returns; retail sales tax data by location of sale ..............................SB 107 Savannah River; urge bilateral port commission; GA/SC compact ............................. SR 240 State Buildings/Facilities; roofing materials; energy efficiency standards ...................SB 137 State Defense Force; authority to use certain state property ........................................ HB 303 State Deferred Compensation Plans; contributions; employers, employees .................SB 155 State Depositories; certain letters of credit to secure state funds................................. HB 777 State Employee's Retirement Options; early retirement incentives...............................SB 159 State Employee's Retirement; development and implementation of options; early retirement incentives ............................................................................................SB 126 State Employees; payroll deductions; Higher Education Savings Plan; certain inclusion in defined contribution plan.......................................................................... HB 424 State Financing and Investment Commission and Environmental Facilities Authority; amend.......................................................................................................... HB 621 State Government Cost Control, Senate Commission; Senate Private Sector Advisory Committee; establishing ...............................................................................SR 273 State Government; phones; prohibit certain voice mail use......................................... HB 627 State Official Salaries; General Assembly; Lt. Gov., 10% reduction .............................SB 76 State Property; naming/renaming for a public official; 5 year restriction.......................SB 73 State Purchasing; benefits based funding projects; certain contracts........................... HB 550 State Retirement Plan Options; Joint Study Committee; create ....................................SR 107 State Road and Tollway Authority; public-private initiative proposals ........................SB 257 Student Achievement, Office of; duties; flexibility and accountability........................SB 249 Taxation; legislation for any state tax; approval by General Assembly..........................SR 12 Terrorism Prevention; rename Organized Crime Prevention Council; powers and duties; Airport Anti-Terrorism Training.................................................................SB 187 Tobacco Master Settlement Agreement; state's payment rights; proposals ..................SR 227 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ..............................SB 133 University System Employees; doing business with state; exception ...........................SB 255

INDEX

3585

Use of Public Money for Public Health/Social Services by Religious or Sectarian Organizations.....................................................................................................SR 1 Wages Paid by State Contractors or Subcontractors; living wage requirement............SB 303 Water Reservoirs; locally funded; state compensation to control, condemn ................SB 246
STATE PRINTING AND DOCUMENTS Family Violence Shelter Confidentiality Act; requirement of telephone companies not to disclose location................................................................................SB 147 Public Records Inspection; refusal to provide access; penalty......................................SB 177 Public Records Inspection; written requests; certain information redacted ................. HB 246 Public Records, Meetings; disclosure; exceptions to requirements ..............................SB 113 Public Records; exempt disclosure of home street address, telephone number............SB 351 Sales Tax; dealers' returns; retail sales tax data by location of sale ..............................SB 107 State Road and Tollway Authority; public-private initiative proposals ........................SB 257 Student Achievement, Office of; duties; flexibility and accountability........................SB 249 Wages Paid by State Contractors or Subcontractors; living wage requirement............SB 303
STATESBORO, CITY OF Downtown Statesboro Development Authority District; boundaries........................... HB 728
STEWART COUNTY Stewart County; probate judge; nonpartisan elections ................................................. HB 924
STOCKBRIDGE Stockbridge, City of; elected officials; service on boards, commissions, and authorities ..................................................................................................................... HB 750
STREET GANG TERRORISM AND PREVENTION Criminal Trespass/Damage to Property; crime of possession of tools..........................SB 311 Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property ........................................................................................SB 313 Graffiti; damage to property; programs for compensating owners, victims .................SB 312 Inmate Labor; removing graffiti from private property; as compensation................... HB 144 Nuisance Abatement; graffiti visible from adjoining public, private property .............SB 310 Street Gangs; graffiti; violent acts; weapons possession; prohibitions .........................SB 309
STRUCTURAL PEST CONTROL Structural Pest Control Companies; insurance requirements ....................................... HB 307
SUGAR HILL, CITY OF Sugar Hill, City of; new charter ....................................................................................SB 366

3586

INDEX

SUNDAY SALES Alcoholic Beverages; consumption on premises; local authorization.......................... HB 493
SUPERIOR COURTS (Also see Courts; Judicial Circuits) Child Custody or Visitation Orders; notices; relocation, change of residence ...............SB 16 Civil Actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction .....................................................................................................SB 337 Courts Technology Advisory Board and Council; successor to Georgia Courts Automation Commission ...................................................................................SB 306 Divorce; grounds; extend time frame; effect of legal separation on children...............SB 298 Election; qualifying fees; county officials; calculation.................................................SB 153 Employees' Retirement; secretaries of appellate/superior court judges, DAs ................SB 98 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments..............................................................SB 109 Family Violence and Stalking Protective Order Registry; updating certain information; sheriff's duties...........................................................................................SB 123 Gwinnett Judicial Circuit; new judgeship; term beginning 1/1/04................................SB 234 Gwinnett Judicial Circuit; new judgeship; term beginning 7/1/03................................SB 235 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .....................................................................SB 102 Indigent Defense Act; circuit public defenders; mental health advocacy.................... HB 770 Sheriff, Office of; nonpartisan elections .........................................................................SB 26 Superior Court Clerks' Cooperative Authority; filing fees; real estate and personal property...........................................................................................................SB 195 Superior Court Fees; interpreters; temporary protective order hearings ...................... HB 255
SUPREME COURT (Also see Courts) Civil Actions; class actions; comprehensive revisions..................................................SB 217 Civil Actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction .....................................................................................................SB 337 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments..............................................................SB 109 Georgia v. Ashcroft Redistricting Case; support of the Governor; urging the Attorney General to dismiss the appeal...........................................................................SR 85 Joint Session; message from Chief Justice of Supreme Court ....................................... HR 32 State Bar Applicants; fingerprints to GBI and FBI for criminal records check............. HB 90 Supreme Court; answer question of law from district court ........................................ HB 164 Supreme Court; jurisdiction; certain questions of law ................................................... HR 68
SUWANEE Suwanee, City of; City of Excellence designation; commend ......................................SR 194

INDEX

3587

T
TALBOT COUNTY Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328 Public Property; conveyances....................................................................................... SR 121 Talbot County; commissioner districts; reapportion ....................................................HB 588 Talbot County; education districts; reapportion ...........................................................HB 589
TATTNALL COUNTY Tattnall County; commissioner districts; reapportion ..................................................HB 842 Tattnall County; education districts; reapportion .........................................................HB 830
TAX EXECUTIONS AND JUDICIAL SALES Judicial Sales Later Rescinded; limitation of damages ................................................HB 301 Tax Executions; prohibit sales .......................................................................................HB 88
TAX LEVIES AND EXECUTIONS Homestead Property; levy, sale; reciprocal exemption; resident judgment debtor; creditor resident in another state ...................................................................... SB 347 Nuisance Abatement Liens; collection procedures; foreclosures ................................ SB 182 Nuisance Abatement Liens; collection procedures; foreclosures ................................ SB 182 Property Tax Sales; change certain provisions............................................................... SB 57 Revenue Commissioner; powers and duties; tax executions; tax liabilities.................HB 556 Tax Executions; levies upon goods, chattel, lands, tenements of taxpayer.................... SB 68 Tax Executions; prohibit sales .......................................................................................HB 88
TAXATION AND REVENUE Ad Valorem Tax Exemption; farm equipment in inventory for resale ........................HB 527 Ad Valorem Tax Millage Rate Increase; require voter approval .................................HR 171 Ad Valorem Tax; assessment; taxpayer appeals; refunds; interest amount ................. SB 161 Ad Valorem Tax; bona fide conservation use property; riverside or streamside land; local sales taxes; prohibition; exception............................................HB 290 Ad Valorem Tax; conservation use covenant; renewal period..................................... SB 277 Ad Valorem Tax; motor vehicles; exempt veterans organizations ..............................HB 626 Ad Valorem Tax; preferential assessment; environmentally contaminated (brownfield) property ...................................................................................................HB 531 Ad Valorem Tax; property taxation; change definitions................................................ SB 58 Ad Valorem Tax; statewide homestead exemption; increase amount............................ SB 41 Ad Valorem Taxes; freeze existing residential property values until sold; appraise at fair market value ....................................................................................... SR 311 Cigar and Cigarette Taxes; change tax definitions......................................................... SB 65 Cigar and Cigarette Taxes; loose or smokeless tobacco; impose excise tax................HB 379 Coin Operated Amusement Machines; change definitions ............................................ SB 64

3588

INDEX

Congressional Delegation; urge pass President Bush's 2003 Economic Growth /Tax Relief Plan .............................................................................................. SR 226 Constructed Storm-Water Wetlands; preferential assessment; ad valorem tax............HB 413 Estate Tax; federal filing date; definition....................................................................... SB 61 Excise Taxes; hotel-motel tax; change definitions......................................................... SB 63 Excise Taxes; rental motor vehicles; change definitions ............................................... SB 60 Georgia's Transportation Needs, Study Committee; create.......................................... SR 422 Highways; billboards; repeal tree trimming permits; change provisions to Roadside Enhancement and Beautification Council .................................................... SB 334 Income Tax Credit; certain businesses creating full-time jobs ....................................HB 422 Income Tax Credit; certain headquarters; creation of full-time jobs ...........................HB 492 Income Tax; claim for refund; filing date ....................................................................HB 469 Income Tax; estimated tax; underpayment amount......................................................HB 468 Income Taxes; change certain definitions .................................................................... SB 66 Income Taxes; jobs tax credits; designation of counties as less developed areas; business closings in areas comprising military bases .......................................... SB 11 Intangible Taxes; real estate transfer tax; change certain provisions............................. SB 69 Joint County and Municipal Sales Tax; 2% levy; consolidated governments .............HB 287 Limitation on State Taxation, Spending, and New or Expanded Activities; revenue limits; excess revenues; emergencies ............................................................. SR 163 Local Sales Taxes; limitation; certain exclusions ........................................................HB 709 Local School Taxation; five mill share funds; calculations ........................................... SB 99 Local School Taxation; five mill share funds; increased student population; capital expenditures...................................................................................................... SB 100 Motor Fuel Tax; prepaid tax.........................................................................................HB 504 Motor Fuel/Road Taxes; change certain definitions ...................................................... SB 67 Nuisance Abatement Liens; collection procedures; foreclosures ................................ SB 182 Occupation Taxes; redefine gross receipts; exclude certain sales..................................HB 93 OCGA; Conform References to House and Senate Committee Names.......................HB 846 Prestige/Special License Plates; veterans awarded Purple Heart; no charge ............... SB 120 Property Involved with Illegal Drug Activities; enhanced penalties ........................... SB 324 Property Tax Sales; change certain provisions............................................................... SB 57 Real Estate Transfer Tax; exemptions; certain instruments, deeds or writings; corporations, partnerships and certain trustees .............................................................. SB 97 Revenue and Taxation; change certain provisions ......................................................... SB 70 Revenue Bonds; hedge contracts; powers of governmental bodies .............................HB 544 Revenue Commissioner; powers and duties; tax executions; tax liabilities.................HB 556 Revenue, Department of; administration; duties; official office location...................... SB 56 Sales Tax Exemption; liquid petroleum gas; horticultural purposes............................HB 148 Sales Tax on Motor Fuel; proceeds for local assistance road programs ...................... SR 159 Sales Tax; applicable to commerce and trade; definitions ............................................. SB 62 Sales Tax; certain carpet samples; fair market value ...................................................HB 189 Sales Tax; dealers' returns; retail sales tax data by location of sale ............................. SB 107

INDEX

3589

Sales Tax; educational purposes; local boards; performance audit..............................HB 346 State and Local Tax Revision Act of 2003; enact..........................................................HB 43 State Government Cost Control, Senate Commission; Senate Private Sector Advisory Committee; establishing .............................................................................. SR 273 Statewide Homestead Exemption Grants; mandated appropriation.............................. SR 36 Tax Executions; levies upon goods, chattel, lands, tenements of taxpayer.................... SB 68 Tax Executions; prohibit sales .......................................................................................HB 88 Tax Penalties; false claims of independent contractor status....................................... SB 106 Taxable Net Income; exclude certain military pay.......................................................HB 383 Taxation; legislation for any state tax; approval by General Assembly......................... SR 12 Taxpayers' Dividend Act; amendments that increase appropriations........................... SR 160 Tobacco Master Settlement Agreement; state's payment rights; proposals ................. SR 227 Tobacco Product Manufacturers; certification; prohibit sale certain cigarettes...........HB 893
TEACHERS (Also see Education) Education, Local Boards; conflicts of interest; certain employee representation organization activities........................................................................... SB 194 Educational Testing, Study Committee on; create ....................................................... SR 146 Educators; salaries; local supplements; minimum salary schedule .............................. SB 130 Public School Speech-Language Pathologists and Audiologist; salaries; national certification..................................................................................................... SB 268 School Counselors and Social Worker Specialists; national certification; state salary increase ...................................................................................................... SB 178 Teachers and Other Personnel; certain forfeited leave; restoration ...............................HB 25 Teachers Retirement; contribution rate; certain reduction ...........................................HB 267 Teachers Retirement; creditable service; independent school system service ............. SB 226 Teachers Retirement; creditable service; prior independent school service ............... SB 141 Teachers Retirement; University System employees; optional plan ............................ SB 253 Teachers Transferring From Other States; certain exemption; paraprofessionals and aides..........................................................................................HB 590 Teachers/Other Professional Employees; contracts; terms and conditions.................. SB 223 Teachers; contracts; procedures for terminating or suspending; hearing panel ........... SB 193 Teachers; duties that may not be required...................................................................... SB 54 Teachers; pay level for doctorate degree in any field................................................... SB 354 Teachers; rights for continued employment; restore ......................................................HB 81 Teachers; rights in demotion and nonrenewal of contracts............................................ SB 19 Whistleblowers' Protection Act for Public School Employees; prohibit retaliatory action........................................................................................................... SB 254
TEACHERS RETIREMENT SYSTEM Teachers Retirement; contribution rate; certain reduction ...........................................HB 267 Teachers Retirement; creditable service in a local school system. ................................ SB 30 Teachers Retirement; creditable service; independent school system service ............. SB 226

3590

INDEX

Teachers Retirement; creditable service; prior independent school service ............... SB 141 Teachers Retirement; University System employees; optional plan ............................ SB 253
TELEPHONE AND TELEGRAPH SERVICE (Also see Public Utilities; Electronics) Distance Learning and Telemedicine; use of funds in Universal Service Fund; enterprise information technology needs ...........................................................HB 456 Drivers; proper use of radios and mobile telephones ................................................... SB 146 Family Violence Shelter Confidentiality Act; requirement of telephone companies not to disclose location............................................................................... SB 147 PSC; applications and proceedings; administrative fees.............................................. SB 219 Public Records, Meetings; disclosure; exceptions to requirements ............................. SB 113 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 Sales Tax; applicable to commerce and trade; definitions ............................................. SB 62 State Government; phones; prohibit certain voice mail use.........................................HB 627 Telemarketing; solicitation to mobile or wireless subscribers; no call list .................. SB 272
TELEVISION Cable Television Systems; customer service requirements; enforcement ................... SB 220
TELFAIR COUNTY Telfair County; board of commissioners; reconstitute ................................................. SB 278 Telfair County; governing authority; amend provisions ..............................................HB 957
TEMPLE Temple, City of; mayor and councilmembers; election and terms............................... SB 327
TENNESSEE, STATE OF Joint Development Authorities; county of this state and contiguous county of adjoining state; sports facility or amphitheater ............................................................HB 309 Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120
TERRELL COUNTY Terrell County; chief magistrate; nonpartisan elections...............................................HB 500 Terrell County; probate judge; nonpartisan elections ..................................................HB 501
TERRORISM (Also see Crimes and Offenses) Bulletproof Vest; unlawful during commission of certain offenses ............................HB 173 Israel; fight against terrorism; express support ............................................................ SR 154 Missile Defense System; declare support..................................................................... SR 232 Property Involved with Illegal Drug Activities; enhanced penalties ........................... SB 324 Public Records, Meetings; disclosure; exceptions to requirements ............................. SB 113

INDEX

3591

Terrorism Prevention; rename Organized Crime Prevention Council; powers and duties; Airport Anti-Terrorism Training................................................................ SB 187 Tort Immunity; federal smallpox vaccination program; hospitals, health care providers....................................................................................................................... SB 336 Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333 War on Terrorism Local Assistance Act; enact............................................................HB 595
THEFT OFFENSES (Also see Crimes and Offenses) Illegal Drug Trafficking; anhydrous ammonia, methamphetamine, amphetamine; increase criminal penalty ...................................................................... SB 205 Property Involved with Illegal Drug Activities; enhanced penalties ........................... SB 324
THOMAS COUNTY Thomas County; probate court judge; nonpartisan nomination/election ..................... SB 363
THOMSON, CITY OF Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120
TOBACCO AND TOBACCO RELATED PRODUCTS Bottled Water; consumption in public transit bus or rapid rail car or station ..............HB 175 Cigar and Cigarette Taxes; loose or smokeless tobacco; impose excise tax................HB 379 Tobacco Master Settlement Agreement; state's payment rights; proposals ................. SR 227 Tobacco Product Manufacturers; certification; prohibit sale certain cigarettes...........HB 893
TOOMBS COUNTY Toombs County; homestead exemption; base year assessed value ..............................HB 782 Toombs County; homestead exemption; base year assessed value ..............................HB 786
TORTS (Also see Civil Practice) Guardian Ad Litem; court appointed; limit liability....................................................... SB 44 Health Access Improvement Act; advanced practice registered nurse; regulations .................................................................................................................... SB 376 Property Involved with Illegal Drug Activities; enhanced penalties ........................... SB 324 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Tort Immunity; federal smallpox vaccination program; hospitals, health care providers....................................................................................................................... SB 336 Torts; immunity; medical or forensic examiners of sexual assault victims ................... SB 25 Torts; transfer of structured settlement payment rights; court filings; notice of cancellation rights .................................................................................................... SB 174

3592

INDEX

TOURISTS Excise Taxes; hotel-motel tax; change definitions......................................................... SB 63 Georgia Tourism Day; commend ................................................................................. SR 208 Woodpecker Trail; urge reestablish scenic route as tourist attraction.......................... SR 415
TRANSPORTATION BOARD, STATE BOARD Burns, Jon; elected member .....................................................................................Page 172 Doss, David; elected member...................................................................................Page 26 Edwards, Ward; elected member..............................................................................Page 173 Evans, Mike; elected member ..................................................................................Page 174 Langdale, W.P., Billy; elected member....................................................................Page 175 Lemon, Dana L.; elected member ............................................................................Page 177 McClinton, Emory; elected member ........................................................................Page 178
TRANSPORTATION, DEPARTMENT OF (Also see Commemorative Resolutions) Employees' Retirement; law enforcement personnel; enhanced benefits.................... SB 212 Funds for Public Roads; allocation; balancing federal/state funds between congressional districts; percentage............................................................................... SB 110 Highways; billboards; repeal tree trimming permits; change provisions to Roadside Enhancement and Beautification Council .................................................... SB 334 Highways; use of emergency lanes; transit buses; metro Atlanta area......................... SB 256 Mass Transportation Service; increase limit of state funds..........................................HB 263 Minority Business Enterprises; certification procedure defined in federal law ........... SB 115 Public Transportation Funds; allocation among congressional districts ....................... SB 79 Public Transportation Funds; expenditures; state/federal funds remove MARTA ....................................................................................................................... SB 127 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ..................................................... SB 273 State Road and Tollway Authority; limit use and disposition of toll revenues; provide commissioner authority to appoint/employ investigators ............................... SB 221 State Road and Tollway Authority; public-private initiative proposals ....................... SB 257 Subdivisions Accessing State Highway System; Department of Transportation approval ...............................................................................................HB 321 Tollways; causeway to barrier islands; exemption for certain residents ......................HB 503 Transportation Department; employment of investigators........................................... SB 307 Transportation Department; peace officers as nonuniform investigators .................... SB 271 Water Resources; comprehensive state water planning to control pollution and surface-water use; ground-water permits; river basin plans.................................. SB 180
TRIALS; APPEAL AND ERROR Appeals in Death Penalty Cases; new trial; request DNA testing and analysis ........... SB 119 Appeals; postconviction DNA testing; procedure........................................................HB 599 Trial Juries; size of panels; jury selection; number of peremptory strikes ................... SB 27

INDEX

3593

TROUP COUNTY City of LaGrange Gas Authority Act ........................................................................... SB 158 Public Property; conveyances....................................................................................... SR 121 Troup County Public Facilities Authority; create ........................................................ SB 320 Troup County; board of commissioners; reconstitute .................................................. SB 322 Troup County; board of education; nonpartisan elections ...........................................HB 660 Troup County; probate judge; nonpartisan elections ................................................... SB 323
TRUSTS, GEORGIA TRUST ACT; FIDUCIARY POWERS Greenspace Trust Fund; interest; expenditure provisions ............................................HB 314 Oral Trust Agreement for Personal Property; provisions.............................................HB 367 State Employees; payroll deductions; Higher Education Savings Plan; certain inclusion in defined contribution plan..........................................................................HB 424 Subsequent Injury Trust Fund Joint Study Committee; create.....................................HR 263
TYRONE Tyrone, Town of; mayor and council; terms ................................................................HB 890
U
UNDERGROUND STORAGE TANKS Environmental Policy; regulatory decisions; publication requirements....................... SB 172
UNIFORM RULES OF THE ROAD (Also see Motor Vehicles) Commercial Motor Vehicles and School Buses; prohibitions ..................................... SB 173 Drivers; proper use of radios and mobile telephones ................................................... SB 146 DUI Alcohol/Drugs; new offense of refusal to submit chemical testing ....................... SB 13 DUI; prohibitions, punishment; revise and harmonize provisions................................. SB 75 Electric Assistive Mobility Device and Certain Motor Driven Cycles; lights on garbage trucks; regulate ............................................................................................ SB 37 Emergency Vehicles; Air Ambulance Services; licensure and regulation...................... SB 7 Handicapped Parking; enforcement; change provisions .............................................. SB 302 Highways; use of emergency lanes; transit buses; metro Atlanta area......................... SB 256 Motor Vehicles; registration and insurance provisions; amend ...................................HB 191 Motorcycle Operators; protective headgear devices .................................................... SB 138 Offense of Fleeing a Pursuing Police Vehicle or Police Officer; punishment............. SB 188 Offense of Fleeing or Attempting to Elude a Police Officer; penalties ....................... SB 297 School Bus Drivers; annual mandatory training; equipment; safety procedures; 'Aleana's Law' .......................................................................................... SB 143 Uniform Rules of the Road; motor vehicles; reduce speed when passing certain stationary vehicles ............................................................................................HB 457 Uniform Rules of the Road; traffic-control signal monitoring devices; civil monetary penalties........................................................................................................HB 182

3594

INDEX

Vehicles Stopped by Law Enforcement During Nighttime Hours; driver and passengers remain in vehicle............................................................................................ SB 6 Vehicular Homicide in the Second Degree; change provisions ................................... SB 227
UPSON COUNTY Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328 Upson County; board of elections and registration; create ..........................................HB 841
USED MOTOR VEHICLE DEALERS AND PARTS Motor Vehicles; used parts dealers' registration; redefine rebuilder............................ SB 357 State Licensing Boards; reduce number of members...................................................HB 597
V
VARNELL, CITY OF Varnell, City of; corporate boundaries .........................................................................HB 759
VEHICLE PROTECTION PRODUCT ACT Vehicle Protection Product Act; enact .........................................................................HB 688
VENEREAL DISEASES Marriage Licenses; repeal testing for syphilis requirements........................................ SB 190
VETERANS AFFAIRS (Also see Military Affairs) Ad Valorem Tax; motor vehicles; exempt veterans organizations ..............................HB 626 Prestige/Special License Plates; veterans awarded Purple Heart; no charge ............... SB 120
VETERINARIANS AND VETERINARY TECHNICIANS Georgia Student Finance Commission and Georgia Student Finance Authority; amend provisions ........................................................................................HB 551 Livestock; control of contagious diseases, chemicals, poisons, toxins; notices and reports of suspicious illnesses; violations.............................................................. SB 183 State Licensing Boards; reduce number of members...................................................HB 597 Veterinary Practice; extensively revise provisions.......................................................HB 347
VICTIMS OF CRIME (Also see Crimes and Offenses) Blue Ribbon Commission on Response, Investigation, Prosecution of Sexual Assault Offenses............................................................................................................. SR 35 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property ....................................................................................... SB 313 Graffiti; damage to property; programs for compensating owners, victims ................ SB 312

INDEX

3595

Inmate Labor; removing graffiti from private property; as compensation...................HB 144
VIDALIA Vidalia, City of; homestead exemption; base year assessed value...............................HB 783 Vidalia, City of; homestead exemption; base year assessed value...............................HB 784
VITAL RECORDS Adoptions/Child-Placing Agencies; records access; birth records; practices ................ SB 55 Adoptions; access to vital records; placement of child following order terminating parental rights; original birth certificates.................................................. SB 192 Vital Records; birth certificate in legitimations, paternity, adoptions ......................... SB 263
VOCATIONAL, TECHNICAL, AND ADULT EDUCATION Student Achievement, Office of; create; comprehensive revisions regarding education accountability............................................................................................... SB 248
VOTER REGISTRATION AND VOTING (Also see Elections) Election Superintendent; office to remain open until ballots are counted ...................HB 114 Elections; conversion to direct recording electronic (DRE) voting systems: absentee ballot oath; handicapped assistance; polling places ...................................... SB 258 Elections; direct recording electronic voting systems; amend provisions....................HB 427 Voting; direct recorded electronic voting systems; provide voter printed record of the vote cast .................................................................................................. SB 340
W
WAGES; MINIMUM WAGE LAW Wages Paid by State Contractors or Subcontractors; living wage requirement........... SB 303
WALTON COUNTY Walton County; Partnership For Families, Children, and Youth; create .....................HB 317
WARE COUNTY Satilla Regional Water and Sewer Authority; name change from Ware County Water and Sewer Authority .............................................................................HB 288 Walton County; board of elections and registration; create .........................................HB 312
WARRANTS Criminal Justice Agencies; limit certain data to Georgia Crime Information Center; certain warrants ...............................................................................................HB 140
WARREN COUNTY Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328

3596

INDEX

Warren County; board of education members; nonpartisan election ........................... SB 251 Warren County; board of education; nonpartisan elections .........................................HB 835
WASHINGTON COUNTY Washington County; vehicle registration period; change provisions...........................HB 335
WASTE MANAGEMENT Environmental Policy; regulatory decisions; publication requirements....................... SB 172 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 Septic Tank Waste; disposal sites; handling facilities ................................................. SB 176 Sewage On-Site Management Systems; DHR authorization; state-wide regulations; reduced trench length ............................................................................... SB 367 Soil Investigation; soil classifiers for on-site sewage management sites; standards, qualifications ............................................................................................... SB 129 Tire Scrap Disposal/Storage; county/municipality enforce ordinance ......................... SB 348
WATER; WASTEWATER TREATMENT PLANT OPERATORS; LABORATORY ANALYSTS
Coastal Marshlands; protection provisions; exempt certain property ..........................HB 178 Soil Erosion and Sedimentation; amend; Stakeholder Advisory Board.......................HB 285 State Licensing Boards; reduce number of members...................................................HB 597 Water Resources; state-wide water management plan .................................................HB 237 Water Well Contractors; licensing; amend provisions.................................................HB 304
WATER RESOURCES; PORTS, AND WATERCRAFT (Also see Conservation) Ad Valorem Tax; bona fide conservation use property; riverside or streamside land; local sales taxes; prohibition; exception............................................HB 290 Coastal Management; continuation of provisions ........................................................HB 157 Coastal Marshlands Protection Act; exemption; private docks; residence .................... SB 94 Coastal Marshlands; protection provisions; exempt certain property ..........................HB 178 Constructed Storm-Water Wetlands; preferential assessment; ad valorem tax............HB 413 Environmental Policy; regulatory decisions; publication requirements....................... SB 172 Funds for Public Roads; allocation; balancing federal/state funds between congressional districts; percentage............................................................................... SB 110 Georgia's Transportation Needs, Study Committee; create.......................................... SR 422 Greenhouse Gas Emissions; Carbon Sequestration Registry Act ................................ SB 356 Lake Oconee; prohibit certain boats.............................................................................HB 444 Local Government; transfer of development rights; sending property; revise............... SB 86 Property Involved with Illegal Drug Activities; enhanced penalties ........................... SB 324 Public Property; conveyance; granting of easements for facilities, utilities 15 counties and Tennessee ................................................................................................ SR 120 Public Transportation Funds; allocation among congressional districts ....................... SB 79

INDEX

3597

Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ..................................................... SB 273 Savannah River; Joint Port Authority Study Committee; proposed operation on both north and south sides of river .......................................................................... SR 271 Savannah River; urge bilateral port commission; GA/SC compact ............................. SR 240 Soil Erosion and Sedimentation; amend; Stakeholder Advisory Board.......................HB 285 Water Reservoirs; locally funded; state compensation to control, condemn ............... SB 246 Water Resources; comprehensive state water planning to control pollution and surface-water use; ground-water permits; river basin plans.................................. SB 180 Water Resources; farm uses; water-measuring device.................................................HB 579 Water Resources; state-wide water management plan .................................................HB 237 Water Well Contractors; licensing; amend provisions.................................................HB 304 Watercraft; vessel classification; required equipment; reportable accidents ............... SB 134 Watershed Dams; committee to study safety issues ..................................................... SR 442
WAYCROSS Waycross, City of; commission districts; reapportion..................................................HB 343
WAYNE COUNTY Property Conveyances; authorized ............................................................................... SR 224 Wayne County; probate judge and chief magistrate; nonpartisan elections.................HB 587 Wayne County; probate judge, chief magistrate; time of nonpartisan election............ SB 370
WEAPONS (Also see Firearms; Crimes and Offenses) Bulletproof Vest; unlawful during commission of certain offenses ............................HB 173 Firearms; certain unauthorized possession; affirmative defense..................................HB 397
WEBSTER COUNTY Webster County; vehicle registration period................................................................HB 505
WHITE COUNTY Property Conveyances; authorized ............................................................................... SR 224 Public Property; conveyance; granting of easements for facilities, utilities ................ SR 120 White County Board of Education; reconstitute districts............................................. SB 343
WHITFIELD COUNTY Northwest Georgia Trade and Convention Center Authority; create.........................HB 1004 Whitfield County; homestead exemption; certain residents.........................................HB 915

WILDLIFE (Also see Conservation and Natural Resources) Deer Hunting; closed and open seasons; bag limits and antler restrictions ................. SB 317 Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328 Wild Animal Permit; exempt Bengal cat......................................................................HB 227

3598

INDEX

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Estates; missing domiciliary; certain perilous exposure; death determination ..............HB 32 Oral Trust Agreement for Personal Property; provisions.............................................HB 367
WINE (Also see Alcoholic Beverages) Alcoholic Beverages; consumption on premises; local authorization..........................HB 493
WITNESSES (Also see Evidence; Criminal Procedures) Health Care Claims Filed Electronically; expedited process ....................................... SB 350 Juvenile Proceedings; delinquent acts; discovery and inspection; disclosure of evidence and reciprocal discovery; witnesses ......................................................... SB 116 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133
WORKERS COMPENSATION Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Workers' Compensation; notices; medical treatment; disability; benefits ................... SB 233
WRENS Wrens, City of; mayor pro tem; provide for; vacancies ............................................... SB 270
Y
YOUTH COLOR GUARD OF FORT STEWART; presented colors...................Page 2029
YSSI, HONORABLE BENJAMIN EZEKIEL; addressed the Senate ...................Page 110
Z
ZONING (Also see Property; Local Government) Soil Erosion and Sedimentation; ordinances related to land-disturbing activities; planning and zoning commission ................................................................HB 509 Zoning Procedures; land adjacent military base, installation, or airport; Local Government Code Enforcement Boards Act................................................................ SB 261