Journal of the Senate of the State of Georgia special session 2004 commenced at Atlanta, Georgia, Monday, May 3, 2004 and adjourned Friday, May 7, 2004

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
SPECIAL SESSION 2004
Commenced at Atlanta, Georgia, Monday, May 3, 2004 and adjourned, Friday, May 7, 2004
Printed on Recycled Paper
1931

1932

OFFICERS
OF THE
STATE SENATE
2004
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
JOHN BARBOUR ........................................................................................... Journal Clerk FULTON COUNTY
AUDRA DEANNE DODD ................................................................Assistant to Secretary DEKALB COUNTY
AGNES DOSTER...................................................................................... Deputy Secretary GWINNETT COUNTY
FREIDA ELLIS .....................................................................................................Bill Clerk FULTON COUNTY
ROBERT EWING................................................................................... Assistant Secretary DEKALB COUNTY
JEFFREY FOLEY ........................................................................................ Calendar Clerk DEKALB COUNTY
CHEREE HARPER ............................................................................................Index Clerk FULTON COUNTY
MICHELLE SIMMONS............................................................Enrolling/Engrossing Clerk COBB COUNTY
DEBBIE SORRELLS .........................................................................Assistant to Secretary GWINNETT COUNTY
1933

1934

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

Senators

District

Address

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

Don Balfour (R) ......................................... 09 ....................................................... Snellville

Peg Blitch (D) ............................................ 07 .................................................... Homerville

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

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

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

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

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

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

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

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

Ginger Collins (R) ..................................... 06 .......................................................... Smyrna

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

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

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

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

Tim Golden (D) ......................................... 08 ........................................................ Valdosta

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

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

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

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

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

Jack Hill (R) .............................................. 04 ...................................................... Reidsville

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

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

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

Eric Johnson (R) ........................................ 01 ....................................................... Savannah

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

Rene' D. Kemp (D) .................................... 03 ...................................................... Hinesville

1935

Robert Lamutt (R) ..................................... 21 ......................................................... Marietta Daniel W. Lee (R) ..................................... 29 .......................................................LaGrange Liane Levetan (D) ..................................... 40 ...........................................................Atlanta Michael S. Meyer von Bremen (D) ........... 12 ........................................................... Albany Dan Moody (R) ......................................... 27 ......................................................Alpharetta Jeff Mullis (R) ........................................... 53 .................................................Chickamauga Thomas E. Price (R) .................................. 56 ..........................................................Roswell Kasim Reed (D) ......................................... 35 ...........................................................Atlanta Mitch Seabaugh (R) .................................. 28 .................................................... Sharpsburg Valencia Seay (D) ..................................... 34 ..................................................College Park David Shafer (R) ....................................... 48 ............................................................Duluth Faye Smith (D) .......................................... 25 ................................................. Milledgeville Preston Smith (R) ...................................... 52 ............................................................. Rome Mary Squires (D) ...................................... 05 ........................................................ Norcross Terrell Starr (D) ......................................... 44 ...................................................... Jonesboro Bill Stephens (R) ....................................... 51 ........................................................... Canton Connie Stokes (D) ..................................... 43 .......................................................... Decatur Charlie Tanksley (R) ................................. 32 ......................................................... Marietta Horacena Tate (D) ..................................... 38 ...........................................................Atlanta Don Thomas (R) ........................................ 54 ............................................................Dalton Nadine Thomas (D) ................................... 10 ..................................................... Ellenwood Regina Thomas (D) ................................... 02 ....................................................... Savannah Steve Thompson (D) ................................. 03 ............................................. Powder Springs Ross Tolleson (R) ...................................... 18 .............................................................. Perry Renee Unterman (R)................................... 45 ..................................................... Loganville Tommie Williams (R) ................................ 19 .............................................................Lyons Sam Zamarripa (D) .................................... 36 ...........................................................Atlanta
1936

MONDAY, MAY 3, 2003

3837

Senate Chamber, Atlanta, Georgia Monday, May 3, 2004 First Legislative Day

Pursuant to a proclamation by His Excellency, Governor Sonny Perdue, the Senate met in Special Session in the Senate Chamber at 10:00 a.m. this day, and was called to order by Lieutenant Governor Mark Taylor, President of the Senate.

The following Proclamation by His Excellency, Governor Sonny Perdue, convening the General Assembly of Georgia in Special Session, was read by the Secretary:

BY THE GOVERNOR OF THE STATE OF GEORGIA

A PROCLAMATION CONVENING THE GENERAL ASSEMBLY OF
GEORGIA IN SPECIAL SESSION

WHEREAS:

Article V, Section II, Paragraph VII of the Constitution of the State of Georgia grants to the Governor the power to convene a special session of the General Assembly, stating and thereby limiting its purposes; and

WHEREAS:

The Regular Session of the 2004 General Assembly adjourned sine die on April 7, 2004; and

WHEREAS:

The general appropriations bill for Fiscal Year 2005 that the General Assembly passed in regular session, House Bill 1181, violates Article III, Section IX, Paragraph IV(b) of the Constitution of the State of Georgia in that it would appropriate funds that the State could only collect upon the passage of House Bill 869, relating to indigent defense funding, which the General Assembly did not pass; and

WHEREAS:

The General Assembly has a constitutional duty to pass a general appropriations bill appropriating funds which do not, "in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the state treasury at the beginning of the fiscal year together with an amount not greater than the total Treasury receipt from existing revenue sources anticipated to be collected in the fiscal year..." Ga. Const. art. III, IX, IV(b); and

1937

3838

JOURNAL OF THE SENATE

WHEREAS:

The Governor has determined that certain purposes warrant the convocation of a special session; now

THEREFORE:

By virtue of the power and authority that the Constitution of the State of Georgia confers upon me, I, Sonny Perdue, Governor of the State of Georgia, do hereby convene the General Assembly of this State in Special Session at ten o'clock (10:00) a.m., on Monday, May 3, 2004, for the purposes and only the purposes stated as follows:

1.

To amend paragraph (1) of subsection (b) of Section 15-6-94

of the Official Code of Georgia Annotated, relating to

membership on the Georgia Superior Court Clerks'

Cooperative Authority.

2.

To enact, revise, repeal, or amend General Law relating to the

funding and provision of indigent defense services, including,

without limitation, services provided under Chapter 12 of

Title 17 of the Official Code of Georgia Annotated.

3.

If necessary, to receive an amended estimate of the State

funds available for appropriation in Fiscal Year 2005 to

reflect any new revenue sources created by action of the

General Assembly under No. 2, above, and any change in

anticipated revenue collections.

4.

To enact, revise, repeal, or amend local laws.

This 23rd day of April 2004.

/s/ Sonny Perdue
GOVERNOR

ATTEST

/s/ John R. Watson
EXECUTIVE SECRETARY

Senator Smith of the 25th asked unanimous consent that Senator Blitch of the 7th be excused. The consent was granted, and Senator Blitch was excused.

Senator Johnson of the 1st asked unanimous consent that Senator Kemp of the 3rd be excused. The consent was granted, and Senator Kemp of the 3rd was excused.

1938

MONDAY, MAY 3, 2003

3839

Senator Moody of the 27th asked unanimous consent that Senator Collins of the 6th be excused. The consent was granted, and Senator Collins was excused.

Senator Hooks of the 14th asked unanimous consent that Senator Meyer von Bremen of the 12th be excused. The consent was granted, and Senator Meyer von Bremen was excused.

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

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

Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Lamutt Lee Levetan Moody Mullis Price Reed Seabaugh Seay

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

Not answering were Senators:

Blitch (Excused)

Collins (Excused)

Fort Kemp, R (Excused)

Meyer von Bremen (Excused)

The following member was off the floor of the Senate when the roll was called and wishes to be recorded as present:

Senator:

Fort

The members pledged allegiance to the flag.

The President introduced the chaplain of the day, Reverend Rodney Turner of Atlanta, Georgia, who offered scripture reading and prayer.

1939

3840

JOURNAL OF THE SENATE

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 Resolutions of the House:
HR 1EX. By Representative Skipper of the 116th:
A RESOLUTION to notify the Senate that the House of Representatives has convened; and for other purposes.
HR 2EX. By Representative Skipper of the 116th:
A RESOLUTION to notify the Governor that the General Assembly has convened; and for other purposes.
The Speaker has appointed as a Committee of Escort on the part of the House the following members:
Representatives Bannister of the 70th, Post 1, Birdsong of the 104th, Buck of the 112th, Bunn of the 63rd, Dix of the 70th, Post 2, McBee of the 74th, Skipper of the 116th, Teper of the 42nd, Post 1, and Walker of the 115th.
Senator Balfour of the 9th asked unanimous consent that:
Senate Rule 94 (d) be suspended and that the rules governing notice and reconsideration for the last 3 days of regular session be in force for the special session.
Senate Rule 97 be suspended and that the rules governing the placement of reconsidered legislation in effect for the first 10 days of regular session be in force for the special session.
Senate Rule 114 be suspended and that a bill receive its second reading on the same day that it is favorably reported.
Senate Rule 105 (a) be suspended to allow for the first reading of legislation on the same day that said legislation is submitted to the Secretary of the Senate.
The consent was granted and Senate Rules 94 (d), 97, 114, and 105 (a) were suspended.

The following resolutions were read and adopted:

1940

MONDAY, MAY 3, 2003

3841

SR 1EX. By Senators Johnson of the 1st, Stephens of the 51st and Meyer von Bremen of the 12th:

A RESOLUTION to notify the House of Representatives that the Senate has convened; and for other purposes.
HR 2EX. By Representative Skipper of the 116th:
A RESOLUTION to notify the Governor that the General Assembly has convened; and for other purposes.

The President appointed as a Committee of Notification on the part of the Senate the following Senators: Johnson of the 1st, Stephens of the 51st, Meyer von Bremen of the 12th, Lee of the 29th, Shafer of the 48th, Smith of the 52nd and Starr of the 44th.

The following communication from His Excellency, Governor Sonny Perdue, was received by the Secretary:

Sonny Perdue GOVERNOR

STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
May 3, 2004

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 John Wesley Rakestraw of Paulding County, as a member of the Board of Community Affairs, for the term of office beginning August 13, 2003, and ending July 1, 2008.

1941

3842

JOURNAL OF THE SENATE

The Honorable Fernando Mera of Dekalb County, as a member of the Board of Community Affairs, for the term of office beginning April 8, 2004, and ending July 1, 2007. The Honorable Thomas W. Wheeler, Jr. of Fulton County, as a member of the Board of Natural Resources, for the term of office beginning April 22, 2004, and ending January 1, 2011.
The Honorable Cullen Talton of Houston County, as a member of the Board of Public Safety, for the term of office beginning October 3, 2003, and ending January 20, 2006.
The Honorable Donald Robert Avery of Muscogee County, as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of office beginning April 28, 2004, and ending July 1, 2005.
The Honorable John Thomas Fervier of Forsyth County, as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of office beginning April 28, 2004, and ending July 1, 2006.
The Honorable Brenda Baggett of Effingham County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning August 26, 2003, and ending June 30, 2005.
The Honorable Howard "Doc" Ayers of Polk County, as a member of the Georgia Sports Hall of Fame Authority, for the term of office beginning April 20, 2004, and ending December 31, 2004.
The Honorable Leon J. Lomax of Peach County, as a member of the Georgia Sports Hall of Fame Authority, for the term of office beginning April 20, 2004, and ending January 1, 2007.
The Honorable William B. Henderson of Clarke County, as a member of the Georgia Sports Hall of Fame Authority, for the term of office beginning April 20, 2004, and ending December 31, 2006.
The Honorable Tilman E. Self, III of Bibb County, as a member of the Georgia Sports Hall of Fame Authority, for the term of office beginning April 20, 2004, and ending January 1, 2007.
The Honorable Conrad Nix of Houston County, as a member of the Georgia Sports Hall of Fame Authority, for the term of office beginning April 20, 2004, and ending December 31, 2004.

1942

MONDAY, MAY 3, 2003

3843

The Honorable Wanda Brooks of Gwinnett County, as a member of the State Board of Cosmetology, for the term of office beginning May 5, 2004, and ending April 25, 2003.
The Honorable Cynthia Stein of Cobb County, as a member of the State Board of Cosmetology, for the term of office beginning May 5, 2004, and ending May 1, 2006.
The Honorable Martha G. Harris of Putnam County, as a member of the State Board of Cosmetology, for the term of office beginning May 5, 2004, and ending May 1, 2006.
The Honorable Jose Ramon Perez of Gwinnett County, as a member of the State Board of Education, for the term of office beginning April 13, 2004, and ending January 1, 2011.
The Honorable James M. Blaylock of Dekalb County, as a member of the Veterans Service Board, for the term of office beginning April 27, 2004, and ending April 1, 2011.
The Honorable Pat Phillips of Union County, as a member of the Veterans Service Board, for the term of office beginning April 27, 2004, and ending April 1, 2005.
The Honorable Fred T. Fincher, Sr. of Troup County, as a member of the Veterans Service Board, for the term of office beginning April 27, 2004, and ending April 1, 2010.
Sincerely,
/s/ Sonny Perdue
The Governor's appointments were referred to the Committee on Assignments.
The Lieutenant Governor, being a member of the Committee on Assignments, referred the Governor's appointments to the Education Committee.
Serving as doctor of the day was Dr. Jack Menendez.
Senator Adelman of the 42nd introduced Consulate General of Israel representative Steven Green along with Israeli soldiers IDF Staff Sergeant Itay Bar and IDF Staff Sergeant David Gal. Steven Green, Sergeant Bar and Sergeant Gal addressed the Senate briefly.
Senator Stephens of the 51st moved that the Senate adjourn until 10:00 a.m., Tuesday, May 4, 2004.
The motion prevailed, and the President announced the Senate adjourned at 11:18 a.m.

1943

3844

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, May 4, 2004
Second Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Thomas of the 54th 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.
Senator Cheeks of the 23rd asked unanimous consent that the call of the roll be dispensed with. The consent was granted, and the roll call was dispensed with.
The members pledged allegiance to the flag.
The President introduced the chaplain of the day, Matthew Hill of Atlanta, Georgia, who offered scripture reading and prayer.
Serving as doctor of the day was Dr. Harrison Rodgers.
Senator Gillis of the 20th moved that the Senate adjourn until 10:00 a.m., Wednesday, May 5, 2004.
The motion prevailed, and the President announced the Senate adjourned at 10:23 a.m.

1944

WEDNESDAY, MAY 5, 2004

3845

Senate Chamber, Atlanta, Georgia Wednesday, May 5, 2004 Third Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Thomas of the 54th 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.
Senator Cheeks of the 23rd asked unanimous consent that the call of the roll be dispensed with. The consent was granted, and the roll call was dispensed with.
The members pledged allegiance to the flag.
The President introduced the chaplain of the day, Representative Ron Sailor of Decatur, Georgia, who offered scripture reading and prayer.
Former Senator and Department of Natural Resources Board member James Tysinger and Department of Natural Resources Commissioner Lonice Barrett recognized Senator Hugh Gillis of the 20th. Commissioner Barrett presented Senator Gillis with a resolution from the Board of Natural Resources. Senator Gillis addressed the Senate briefly.

The following resolutions were read and adopted: SR 3EX. By Senator Dean of the 31st:
A RESOLUTION commending Emily Shaw; and for other purposes. SR 4EX. By Senators Johnson of the 1st and Thomas of the 2nd:
A RESOLUTION congratulating and commending WTOC of Savannah; and for other purposes. SR 5EX. By Senator Hill of the 4th:
A RESOLUTION honoring the memory of William Thomas (W. T.) Palmer and expressing regret at his passing; and for other purposes.

1945

3846

JOURNAL OF THE SENATE

SR 6EX. By Senator Hill of the 4th:
A RESOLUTION recognizing and celebrating the 200th Anniversary of Beards Creek Primitive Baptist Church; and for other purposes.
SR 7EX. By Senator Brush of the 24th:
A RESOLUTION commending the Martinez Lumberjacks; and for other purposes.
Senator Harp of the 16th introduced the doctor of the day, Dr. Dan Callahan.
Senator Smith of the 25th recognized Senator Horacena Tate of the 38th for leadership in the Women's Legislative Caucus. Senator Tate addressed the Senate briefly.
Senator Brush of the 24th recognized the Martinez Lumberjacks traveling baseball team, commended by SR 7EX, adopted previously. Coach Greg Aplin addressed the Senate briefly.
Senator Johnson of the 1st asked unanimous consent that the Secretary of the Senate be directed to first read House legislation coming to the Senate if the Senate is in recess; that any local legislation be assigned to the Senate State and Local Governmental Operations Committee and that HB 1EX be assigned to the Senate Judiciary Committee.
There was no objection and the consent was granted.
Senator Johnson of the 1st moved that the Senate stand in recess until 2:00 p.m. and then stand adjourned until 10:00 a.m., Thursday, May 6, 2004.
At 11:07 a.m. the President announced that the Senate would stand in recess until 2:00 p.m.

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:

1946

WEDNESDAY, MAY 5, 2004

3847

HB 3EX. By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Howell of the 92nd:

A BILL to authorize the City of Griffin to lease municipal property for up to five years with options to renew for three additional five-year periods to a nonprofit corporation for certain purposes related to recreation; and for other purposes.

HB 4EX. By Representative Hudson of the 95th:

A BILL to amend an Act fixing the salary of the Treasurer of Glascock County, so as to change the compensation of the treasurer of said county; and for other purposes.

HB 5EX. By Representatives Wix of the 33rd, Post 1, Teilhet of the 34th, Post 2 and Stoner of the 34th, Post 1:

A BILL to authorize the City of Powder Springs to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) 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.

HB 6EX.

By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Maddox of the 59th, Post 2, Barnes of the 84th, Post 2, Mosby of the 59th, Post 3 and others:

A BILL to create the Henry County Board of Elections and Registration; and for other purposes.

HB 7EX. By Representatives Hill of the 81st, Jordan of the 83rd, Mosby of the 59th, Post 3, Fludd of the 48th, Post 4, Maddox of the 59th, Post 2 and others:

A BILL to amend an Act entitled "An Act to establish a civil service system for the employees of Clayton County," so as to provide that an employee of Clayton County shall be authorized to qualify for election to a county office; and for other purposes.
Mr. President:

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

1947

3848

JOURNAL OF THE SENATE

HB 1EX. By Representatives Coleman of the 118th, Porter of the 119th, Jenkins of the 93rd, Mangham of the 62nd and O`Neal of the 117th:
A BILL to amend Title 15, Title 17, Title 35, and Title 42 of the Official Code of Georgia Annotated, relating respectively to courts, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to funding for various programs including local victim assistance programs and indigent defense; to provide for the collection and remittance of fees and funds; and for other purposes.
The following House legislation was read the first time and referred to committee:
HB 1EX. By Representatives Coleman of the 118th, Porter of the 119th, Jenkins of the 93rd, Mangham of the 62nd, O`Neal of the 117th and others:
A BILL to amend Title 15, Title 17, Title 35, and Title 42 of the Official Code of Georgia Annotated, relating respectively to courts, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to funding for various programs including local victim assistance programs and indigent defense; to provide for the collection and remittance of fees and funds; and for other purposes.
Referred to the Judiciary Committee.
HB 3EX. By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Howell of the 92nd:
A BILL to authorize the City of Griffin to lease municipal property for up to five years with options to renew for three additional five-year periods to a nonprofit corporation for certain purposes related to recreation; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 4EX. By Representative Hudson of the 95th:
A BILL to amend an Act fixing the salary of the Treasurer of Glascock County, so as to change the compensation of the treasurer of said county; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

1948

WEDNESDAY, MAY 5, 2004

3849

HB 5EX. By Representatives Wix of the 33rd, Post 1, Teilhet of the 34th, Post 2 and Stoner of the 34th, Post 1:

A BILL to authorize the City of Powder Springs to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as amended; to provide for a referendum; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 6EX.

By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Maddox of the 59th, Post 2, Barnes of the 84th, Post 2, Mosby of the 59th, Post 3 and others:

A BILL to create the Henry County Board of Elections and Registration; and for other purposes.

Referred to the State and Local Governmental Operations Committee.
HB 7EX. By Representatives Hill of the 81st, Jordan of the 83rd, Mosby of the 59th, Post 3, Fludd of the 48th, Post 4, Maddox of the 59th, Post 2 and others:

A BILL to amend an Act entitled "An Act to establish a civil service system for the employees of Clayton County," so as to provide that an employee of Clayton County shall be authorized to qualify for election to a county office; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The Senate adjourned at 2:00 p.m.

1949

3850

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, May 6, 2004 Fourth Legislative Day

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

Senator Thomas of the 54th 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 committee reports were read by the Secretary:

Mr. President:

The Education Committee has had under consideration the Governor's Executive Appointments and has instructed me to report the same back to the Senate with the following recommendation:

The Governor's Executive Appointments be confirmed.

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

Mr. President:

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

HB 1EX Do Pass

Respectfully submitted, Senator Tanksley of the 32nd District, Chairman

The following legislation was read the second time:
HB 1EX
Senator Smith of the 52nd asked unanimous consent that the call of the roll be dispensed with. The consent was granted, and the roll call was dispensed with.

1950

THURSDAY, MAY 6, 2004

3851

The members pledged allegiance to the flag.
The President introduced the chaplain of the day, Reverend Albert Love of Atlanta, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 8EX. By Senator Dean of the 31st:
A RESOLUTION recognizing the Haralson County Historical Society for its participation in substantial community improvements; and for other purposes.
SR 9EX. By Senator Dean of the 31st:
A RESOLUTION commending the Tallapoosa Lions Club; and for other purposes.
SR 10EX. By Senator Dean of the 31st:
A RESOLUTION recognizing and commending the Haralson County 4-H Club; and for other purposes.
SR 11EX. By Senator Dean of the 31st:
A RESOLUTION commending the Kiwanis Club of Haralson County; and for other purposes.
SR 12EX. By Senator Dean of the 31st:
A RESOLUTION commending the Warren P. Sewell Memorial Library; and for other purposes.
SR 13EX. By Senator Seabaugh of the 28th:
A RESOLUTION recognizing the 100th anniversary of the construction of the Coweta County courthouse; and for other purposes.
SR 14EX. By Senators Kemp of the 46th, Hudgens of the 47th and Hamrick of the 30th:
A RESOLUTION commending Honorable Louise McBee; and for other purposes.

1951

3852

JOURNAL OF THE SENATE

Senator Mullis of the 53rd, John Blakely of the GBI, Terry Norris of the Georgia Sheriff's Association and Colonel Ellison of the Georgia State Patrol recognized Senator Rooney Bowen of the 13th. Senator Bowen addressed the Senate briefly.
Senator Crotts of the 17th addressed the Senate extemporaneously.
Serving as doctor of the day was Dr. Spencer Brewer.
Senator Seabaugh of the 28th moved that the Senate adjourn until 9:00 a.m., Friday, May 7, 2004.
The motion prevailed, and the President announced the Senate adjourned at 10:56 a.m.

1952

FRIDAY, MAY 7, 2004

3853

Senate Chamber, Atlanta, Georgia Friday, May 7, 2004 Fifth Legislative Day

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

Senator Thomas of the 54th 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 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 recommendation:

HB 3EX HB 4EX

Do Pass Do Pass

HB 5EX HB 6EX

Do Pass Do Pass

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

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

Senator Mullis of the 53rd asked unanimous consent that Senator Price of the 56th be excused. The consent was granted, and Senator Price was excused.

Senator Cheeks of the 23rd asked unanimous consent that Senator Brush of the 24th be excused. The consent was granted, and Senator Brush was excused.

Senator Cheeks of the 23rd asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

Senator Hooks of the 14th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused.

1953

3854

JOURNAL OF THE SENATE

Senator Thompson of the 33rd asked unanimous consent that Senator Reed of the 35th be excused. The consent was granted, and Senator Reed was excused.

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

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

Hamrick Harp Henson Hill Hooks Hudgens Jackson Kemp,B Lamutt Lee Levetan Me V Bremen Moody Mullis Seabaugh Seay

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

Not answering were Senators:

Brush (Excused) Johnson (Excused) Reed (Excused)

Fort Kemp, R (Excused) Thomas, N

Harbison (Excused) Price (Excused)

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

Senators:

Thomas, N

Reed

The members pledged allegiance to the flag.

The President introduced the chaplain of the day, Pastor Warren Henry of College Park, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

1954

FRIDAY, MAY 7, 2004

3855

SR 15EX. By Senators Meyer von Bremen of the 12th, Starr of the 44th, Hooks of the 14th and Thompson of the 33rd:
A RESOLUTION commending Honorable Carol Jackson; and for other purposes.
SR 16EX. By Senators Meyer von Bremen of the 12th, Starr of the 44th, Hooks of the 14th and Thompson of the 33rd:
A RESOLUTION recognizing and commending the Honorable Nathan Dean upon his retirement from the Georgia General Assembly; and for other purposes.
SR 17EX. By Senators Meyer von Bremen of the 12th, Starr of the 44th, Hooks of the 14th and Thompson of the 33rd:
A RESOLUTION commending Honorable Peg Blitch; and for other purposes.
SR 18EX. By Senators Meyer von Bremen of the 12th, Starr of the 44th, Hooks of the 14th and Thompson of the 33rd:
A RESOLUTION commending Honorable Hugh Gillis; and for other purposes.
SR 19EX. By Senators Hooks of the 14th, Harbison of the 15th and Harp of the 16th:
A RESOLUTION commending Representative Tom Buck; and for other purposes.
SR 20EX. By Senators Seay of the 34th and Starr of the 44th:
A RESOLUTION commending Reverend Dr. Emmanuel L. McCall; and for other purposes.
SR 21EX. By Senator Jackson of the 50th:
A RESOLUTION honoring the life of Coach John Larry Black and expressing regret at his passing; and for other purposes.
SR 22EX. By Senator Jackson of the 50th:
A RESOLUTION commending the Department of Natural Resources, the Department of Industry, Trade, and Tourism, and the U. S. Army Corps of

1955

3856

JOURNAL OF THE SENATE

Engineers with respect to the "Great Lakes of Georgia" website; urging the inclusion of certain additional lakes on the website; and for other purposes.
SR 23EX. By Senator Jackson of the 50th:
A RESOLUTION commending Joel Elliott as a winner of the 2004 Payne Award for Ethics in Journalism; and for other purposes.
SR 24EX. By Senator Jackson of the 50th:
A RESOLUTION encouraging employers to establish wellness programs for their employees and commending employers who are implementing wellness programs; and for other purposes.
SR 25EX. By Senator Mullis of the 53rd:
A RESOLUTION commending Chief H. Randy Camp and the chief officers and members of the Walker County Emergency Services; and for other purposes.
SR 26EX. By Senator Mullis of the 53rd:
A RESOLUTION commending Commissioner Bebe Heiskell; and for other purposes.
SR 27EX. By Senator Seabaugh of the 28th:
A RESOLUTION commending Coach Lane Jackson; and for other purposes.
SR 28EX. By Senator Seabaugh of the 28th:
A RESOLUTION commending the Northgate High School Vikings golf team; and for other purposes.
SR 29EX. By Senator Hill of the 4th:
A RESOLUTION commending Herschel Edwin Grice for outstanding lifetime achievements; and for other purposes.

1956

FRIDAY, MAY 7, 2004

3857

SR 30EX. By Senators Meyer von Bremen of the 12th, Starr of the 44th, Thompson of the 33rd and Hooks of the 14th:
A RESOLUTION recognizing Senator Liane Levetan and honoring her service in the Senate; and for other purposes.
SR 31EX. By Senators Williams of the 19th and Hill of the 4th:
A RESOLUTION expressing regret at the passing of Charles Max Lockwood, Sr., and offering condolences to this family and friends; and for other purposes.
SR 32EX. By Senator Dean of the 31st:
A RESOLUTION commending the Bremen Rotary Club; and for other purposes.
SR 33EX. By Senators Thompson of the 33rd and Tanksley of the 32nd:
A RESOLUTION commending Mark Andrew Sundermeyer and his patriotic painting "Colossus Stirs"; and for other purposes.
SR 35EX. By Senators Hill of the 4th, Harp of the 16th and Golden of the 8th:
A RESOLUTION honoring the life of Captain Thomas Lee Moore IV; and for other purposes.
SR 36EX. By Senator Thomas of the 10th:
A RESOLUTION commending the Reverend Hubert Floyd Shepherd; and for other purposes.

Senator Thompson of the 33rd introduced Mark Andrew Sundermeyer, commended by SR 33EX, adopted previously. Mark Sundermeyer 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:

1957

3858

JOURNAL OF THE SENATE

SENATE LOCAL CONSENT CALENDAR

Friday, May 7, 2004 Fifth Legislative Day

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

HB 3EX

Brush of the 24th Seabaugh of the 28th Lee of the 29th GRIFFIN, CITY OF

A BILL to authorize the City of Griffin to lease municipal property for up to five years with options to renew for three additional fiveyear periods to a nonprofit corporation for certain purposes related to recreation; and for other purposes.

HB 4EX

Brush of the 24th GLASCOCK COUNTY

A BILL to amend an Act fixing the salary of the Treasurer of Glascock County, so as to change the compensation of the treasurer of said county; and for other purposes.

HB 5EX

Thompson of the 33rd Clay of the 37th POWDER SPRINGS, CITY OF

A BILL to authorize the City of Powder Springs to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) 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.

HB 6EX

Thomas of the 10th Crotts of the 17th Lee of the 29th Starr of the 44th HENRY COUNTY

A BILL to create the Henry County Board of Elections and Registration; and for other purposes.

1958

FRIDAY, MAY 7, 2004

3859

Pursuant to Senate Rule 113, Senator Lee of the 29th filed the following objection:

As provided in Senate Rule 113, we, the undersigned Senators, hereby file an objection to HB 6EX, which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar.

/s/ Lee of the 29th /s/ Thomas of the 10th /s/ Starr of the 44th Date: 05/07/2004

Pursuant to Senate Rule 113, HB 6EX was placed on the Senate Local Contested Calendar for today.

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

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

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

E Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson E Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price E 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 local legislation, the yeas were 53, nays 0.

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

1959

3860

JOURNAL OF THE SENATE

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

Friday, May 7, 2004 Fifth Legislative Day

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

HB 6EX

Thomas of the 10th Crotts of the 17th Lee of the 29th Starr of the 44th HENRY COUNTY

A BILL to create the Henry County Board of Elections and Registration; and for other purposes.

Senator Lee of the 29th asked unanimous consent that HB 6EX be committed to the Senate State and Local Governmental Operations Committee. The consent was granted, and HB 6EX was committed to the Senate State and Local Governmental Operations Committee.

The President recognized Representative Roger Bruce of the 45th. Representative Bruce addressed the Senate briefly.

Senator Lee of the 29th asked unanimous consent that the reading of Governor Perdue's appointments found in the Journal of May 3, 2004 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 Y Brown Y Brush
Bulloch Y Butler

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

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

1960

FRIDAY, MAY 7, 2004

3861

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

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

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

On the confirmation of Governor Perdue's appointments, the yeas were 53, nays 0, the motion prevailed; and the Governor's Executive appointments were confirmed.

On the confirmation of the appointees, the following communication was sent by the Secretary to His Excellency, Governor Sonny Perdue:

May 7, 2004

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 back to you as follows:

Nominations sent to the Senate by you on May 3, 2004, were acted upon by the Georgia State Senate in session on May 7, 2004, with the following results:

The Honorable John Wesley Rakestraw of Paulding County, as a member of the Board of Community Affairs, for the term of office beginning August 13, 2003, and ending July 1, 2008. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.

The Honorable Fernando Mera of DeKalb County, as a member of the Board of Community Affairs, for the term of office beginning April 8, 2004, and ending July 1, 2007. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.

1961

3862

JOURNAL OF THE SENATE

The Honorable Thomas W. Wheeler, Jr. of Fulton County, as a member of the Board of Natural Resources, for the term of office beginning April 22, 2004, and ending January 1, 2011. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Cullen Talton of Houston County, as a member of the Board of Public Safety, for the term of office beginning October 3, 2003, and ending January 20, 2006. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Donald Robert Avery of Muscogee County, as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of office beginning April 28, 2004, and ending July 1, 2005. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable John Thomas Fervier of Forsyth County, as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of office beginning April 28, 2004, and ending July 1, 2006. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Brenda Baggett of Effingham County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning August 26, 2003, and ending June 30, 2005. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Howard "Doc" Ayers of Polk County, as a member of the Georgia Sports Hall of Fame Authority, for the term of office beginning April 20, 2004, and ending December 31, 2004. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Leon J. Lomax of Peach County, as a member of the Georgia Sports Hall of Fame Authority, for the term of office beginning April 20, 2004, and ending January 1, 2007. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable William B. Henderson of Clarke County, as a member of the Georgia Sports Hall of Fame Authority, for the term of office beginning April 20, 2004, and ending December 31, 2006. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Tilman E. Self, III of Bibb County, as a member of the Georgia Sports Hall of Fame Authority, for the term of office beginning April 20, 2004, and ending January 1, 2007. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.

1962

FRIDAY, MAY 7, 2004

3863

The Honorable Conrad Nix of Houston County, as a member of the Georgia Sports Hall of Fame Authority, for the term of office beginning April 20, 2004, and ending December 31, 2004. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Wanda Brooks of Gwinnett County, as a member of the State Board of Cosmetology, for the term of office beginning May 5, 2004, and ending April 25, 2003. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Cynthia Stein of Cobb County, as a member of the State Board of Cosmetology, for the term of office beginning May 5, 2004, and ending May 1, 2006. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Martha G. Harris of Putnam County, as a member of the State Board of Cosmetology, for the term of office beginning May 5, 2004, and ending May 1, 2006. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Jose Ramon Perez of Gwinnett County, as a member of the State Board of Education, for the term of office beginning April 13, 2004, and ending January 1, 2011. 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 the Veterans Service Board, for the term of office beginning April 27, 2004, and ending April 1, 2011. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Pat Phillips of Union County, as a member of the Veterans Service Board, for the term of office beginning April 27, 2004, and ending April 1, 2005. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The Honorable Fred T. Fincher, Sr. of Troup County, as a member of the Veterans Service Board, for the term of office beginning April 27, 2004, and ending April 1, 2010. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
Sincerely,
/s/ Frank Eldridge, Jr. Secretary of the Senate
Senator Gillis of the 20th assumed the Chair.
Senator Starr of the 44th assumed the Chair.

1963

3864

JOURNAL OF THE SENATE

The following resolutions were read and adopted:
SR 34EX. By Senators Thompson of the 33rd, Hill of the 4th, Brown of the 26th, Clay of the 37th and Meyer von Bremen of the 12th:
A RESOLUTION celebrating Lieutenant Governor Mark Taylor on the outstanding occasion of his birthday; and for other purposes.
Senator Thompson of the 33rd recognized Lieutenant Governor Mark Taylor, commended by SR 34EX, on his birthday.
The President resumed the Chair.
SR 37EX. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Mayor Bob Poydasheff; and for other purposes.
SR 38EX. By Senator Harbison of the 15th:
A RESOLUTION honoring and commending Cherie H. Howard; and for other purposes.

SR 39EX. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Charlotte Hawkins Frazier; and for other purposes.

SENATE CALENDAR FRIDAY, MAY 07, 2004 FIFTH LEGISLATIVE DAY
HB 1EX Indigent defense funding; provisions (JUDY-37th) Coleman-118th
The following legislation was read the third time and put upon its passage:
HB 1EX. By Representatives Coleman of the 118th, Porter of the 119th, Jenkins of the 93rd, Mangham of the 62nd, O`Neal of the 117th and others:
A BILL to amend Title 15, Title 17, Title 35, and Title 42 of the Official Code of Georgia Annotated, relating respectively to courts, criminal procedure, law

1964

FRIDAY, MAY 7, 2004

3865

enforcement officers and agencies, and penal institutions, so as to change provisions relating to funding for various programs including local victim assistance programs and indigent defense; to provide for the collection and remittance of fees and funds; and for other purposes.

Senate Sponsor: Senator Clay of the 37th.

Senator Fort of the 39th offered the following amendment:

Amend HB 1EX on line 33 of page 24 by striking "after July 1, 2005".

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 N Brown N Brush N Bulloch N 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 N Hill N Hooks N Hudgens N Jackson E Johnson N Kemp,B N Kemp,R N Lamutt N Lee N Levetan N 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 Y 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 9, nays 46, and the Fort 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:

1965

3866

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 E Johnson Y Kemp,B Y Kemp,R N 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 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 2.

HB 1EX, having received the requisite constitutional majority, was passed.

Senator Peg Blitch of the 7th addressed the Senate extemporaneously.

Senator Gillis of the 20th moved that the Senate adjourn Sine Die.

The motion prevailed, and the President announced the Senate adjourned Sine Die at 10:51 a.m.

1966

INDEX

3867

Senate Journal Index
2004 SPECIAL SESSION

1967

3868

INDEX

1968

INDEX

3869

PART I, NUMERIC INDEX SENATE RESOLUTIONS

SR 1EX -- Senate Convened; notify House of Representatives...................................3841 SR 3EX -- Shaw, Emily; commend..............................................................................3845 SR 4EX -- Savannah WTOC; commend ......................................................................3845 SR 5EX -- Palmer, William Thomas (W.T.); condolences ..........................................3845 SR 6EX -- Beards Creek Primitive Baptist Church; recognizing ................................3846 SR 7EX -- Martinez Lumberjacks; commend ..............................................................3846 SR 8EX -- Haralson County Historical Society; recognizing ......................................3851 SR 9EX -- Tallapoosa Lions Club; commend..............................................................3851 SR 10EX-- Haralson County 4-H Club; recognizing ....................................................3851 SR 11EX-- Kiwanis Club of Haralson County; commend............................................3851 SR 12EX-- Warren P. Sewell Memorial Library; commend.........................................3851 SR 13EX-- Coweta County Courthouse; recognize ......................................................3851 SR 14EX-- McBee, Honorable Louise; commend........................................................3851 SR 15EX-- Jackson, Honorable Carol; commend.........................................................3855 SR 16EX-- Dean, Honorable Nathan; commend ..........................................................3855 SR 17EX-- Blitch, Honorable Peg; commend...............................................................3855 SR 18EX-- Gillis, Honorable Hugh; commend.............................................................3855 SR 19EX-- Buck, Representative Tom; commend........................................................3855 SR 20EX-- McCall, Reverend Dr. Emmanuel L.; commend ........................................3855 SR 21EX-- Black, Coach John Larry; condolences ......................................................3855 SR 22EX-- "Great Lakes of Georgia" Website; urge inclusion of
certain additional lakes ...............................................................................3855 SR 23EX-- Elliott, Joel; commend................................................................................3856 SR 24EX-- Wellness Programs; encouraging employers to
implement programs ...................................................................................3856 SR 25EX-- Walker County Emergency Services; commend ........................................3856 SR 26EX-- Heiskell, Commissioner Bebe; commend ..................................................3856 SR 27EX-- Jackson, Coach Lane; commend ................................................................3856 SR 28EX-- Northgate High School Vikings Golf Team; commend .............................3856 SR 29EX-- Grice, Herschel; commend .........................................................................3856 SR 30EX-- Levetan, Liane Senator; recognizing service in Senate..............................3857 SR 31EX-- Lockwood, Sr., Charles Max; condolences ................................................3857 SR 32EX-- Bremen Rotary Club; commend .................................................................3857 SR 33EX-- Sundermeyer, Mark Andrew; commend.....................................................3857

1969

3870

INDEX

SR 34EX-- Lieutenant Governor Mark Taylor; celebrating his birthday.......................................................................................................3864
SR 35EX-- Moore, IV, Captain Thomas Lee; honoring ...............................................3857 SR 36EX-- Shepherd, Reverend Hubert Floyd; commend ...........................................3857 SR 37EX-- Poydasheff, Mayor Bob; recognizing.........................................................3864 SR 38EX-- Howard, Cherie H.; commend....................................................................3864 SR 39EX-- Frazier, Charlotte Hawkins; recognizing....................................................3864

1970

INDEX

3871

PART II, NUMERIC INDEX HOUSE BILLS AND RESOLUTIONS

HB 1EX-- Indigent Defense Funding; provisions; create State Victim Services Commission .................................................3846, 3848, 3850 3864
HB 3EX -- Griffin, City of; lease municipal property; recreation purposes.................................................................................3847, 3848, 3853, 3858
HB 4EX -- Glascock County; treasurer; compensation ...........................3847, 3848, 3853, 3858
HB 5EX -- Powder Springs, City of; redevelopment powers; referendum.............................................................................3847, 3849, 3853, 3858
HB 6EX -- Henry County; board of elections and registration; create......................................................................................3847, 3849, 3853, 3858, 3859, 3860
HB 7EX -- Clayton County; employee qualify for county election; authorization .....................................................................................3847, 3849

HOUSE RESOLUTIONS
HR 1EX -- Notify Senate; House convened ................................................................ 3840 HR 2EX -- Notify Governor; General Assembly convened ...............................3840, 3841

1971

3872

INDEX

PART III ALPHABETIC INDEX - 2004 SPECIAL SESSION
B
BARRETT, DNR COMMISSIONER LONICE; tribute to Senator Gillis..........Page 3845
BLAKELY, JOHN; GBI tribute to Senator Bowen ...............................................Page 3852
BRUCE, REPRESENTATIVE ROGER; addressed Senate................................Page 3860
C
CHAPLAINS OF THE DAY Henry, Pastor Warren ...............................................................................................Page 3854 Hill, Matthew............................................................................................................Page 3844 Love, Reverend Albert .............................................................................................Page 3851 Sailor, Representative Ron .......................................................................................Page 3845 Turner, Reverend Rodney.........................................................................................Page 3839
CLAYTON COUNTY Clayton County; employee qualify for county election; authorization....................... HB 7EX
COMMEMORATIVE RESOLUTIONS "Great Lakes of Georgia" Website; urge inclusion of certain additional lakes......... SR 22EX Beards Creek Primitive Baptist Church; recognizing ................................................. SR 6EX Black, Coach John Larry; condolences ..................................................................... SR 21EX Blitch, Honorable Peg; commend ............................................................................. SR 17EX Bremen Rotary Club; commend ................................................................................ SR 32EX Buck, Representative Tom; commend ...................................................................... SR 19EX Coweta County Courthouse; recognize .................................................................... SR 13EX Dean, Honorable Nathan; commend ......................................................................... SR 16EX Elliott, Joel; commend............................................................................................... SR 23EX Frazier, Charlotte Hawkins; recognizing................................................................... SR 39EX Gillis, Honorable Hugh; commend ........................................................................... SR 18EX Grice, Herschel; commend ........................................................................................ SR 29EX Haralson County 4-H Club; recognizing................................................................... SR 10EX Haralson County Historical Society; recognizing ....................................................... SR 8EX Heiskell, Commissioner Bebe; commend ................................................................. SR 26EX Howard, Cherie H.; commend................................................................................... SR 38EX Jackson, Coach Lane; commend ............................................................................... SR 27EX Jackson, Honorable Carol; commend........................................................................ SR 15EX

1972

INDEX

3873

Kiwanis Club of Haralson County; commend........................................................... SR 11EX Levetan, Liane Senator; recognizing service in Senate............................................. SR 30EX Lockwood, Sr., Charles Max; condolences............................................................... SR 31EX Martinez Lumberjacks; commend............................................................................... SR 7EX McBee, Honorable Louise; commend ....................................................................... SR 14EX McCall, Reverend Dr. Emmanuel L.; commend....................................................... SR 20EX Moore, IV, Captain Thomas Lee; honoring .............................................................. SR 35EX Northgate High School Vikings Golf Team; commend ............................................ SR 28EX Palmer, William Thomas (W.T.); condolences ........................................................... SR 5EX Poydasheff, Mayor Bob; recognizing........................................................................ SR 37EX Savannah WTOC; commend....................................................................................... SR 4EX Shaw, Emily; commend............................................................................................... SR 3EX Shepherd, Reverend Hubert Floyd; commend .......................................................... SR 36EX Sundermeyer, Mark Andrew; commend ................................................................... SR 33EX Tallapoosa Lions Club; commend............................................................................... SR 9EX Taylor, Lieutenant Governor Mark; celebrating his birthday.................................... SR 34EX Walker County Emergency Services; commend ....................................................... SR 25EX Warren P. Sewell Memorial Library; commend ....................................................... SR 12EX Wellness Programs; encouraging employers to implement programs ...................... SR 24EX
D
DOCTORS OF THE DAY Brewer, Dr. Spencer .................................................................................................Page 3852 Callahan, Dr. Dan.....................................................................................................Page 3846 Menendez, Dr. Jack ..................................................................................................Page 3843 Rodgers, Dr. Harrison ..............................................................................................Page 3844
E
ELLISON, COLONEL; Georgia State Patrol; tribute to Senator Bowen ................Page 3852
F
FINES AND FORFEITURES Indigent Defense Funding; provisions; create State Victim Services Commission................................................................................................................ HB 1EX
G
GENERAL ASSEMBLY Notify Governor; General Assembly convened ......................................................... HR 2EX Notify Senate; House convened ................................................................................. HR 1EX

1973

3874

INDEX

Senate Convened; notify House of Representatives.................................................... SR 1EX
GLASCOCK COUNTY Glascock County; treasurer; compensation ................................................................ HB 4EX
GOVERNOR Appointments; boards and commissions .................................................................Page 3841 Appointments; boards and commissions; confirmed ...............................................Page 3860 Appointments; boards and commissions; confirmation sent to Governor ...............Page 3861 Appointments; boards and commissions; favorably reported ..................................Page 3850 Appointments; referred by Committee on Assignments to Education Committee ................................................................................................................Page 3841 Notify Governor; General Assembly convened ......................................................... HR 2EX Proclamation Convening Special Session ................................................................Page 3837
GREEN; REPRESENTATIVE OF THE CONSULATE GENERAL OF ISRAEL, STEVEN and others; addressed the Senate ..........................................Page 3843
GRIFFIN, CITY OF Griffin, City of; lease municipal property; recreation purposes................................. HB 3EX
H
HENRY COUNTY Henry County; board of elections and registration; create ......................................... HB 6EX
HOUSE OF REPRESENTATIVES Notify Senate; House convened ................................................................................. HR 1EX
I
INDIGENTS; LEGAL DEFENSE Indigent Defense Funding; provisions; create State Victim Services Commission................................................................................................................ HB 1EX
L LAW ENFORCEMENT OFFICERS AND AGENCIES
Indigent Defense Funding; provisions; create State Victim Services Commission................................................................................................................ HB 1EX

1974

INDEX

3875

N
NORRIS, TERRY; Georgia Sheriff's Association; tribute to Senator Bowen.........Page 3852
P
PENAL INSTITUTIONS Indigent Defense Funding; provisions; create State Victim Services Commission................................................................................................................ HB 1EX
POWDER SPRINGS, CITY OF Powder Springs, City of; redevelopment powers; referendum .................................. HB 5EX
PROBATION Indigent Defense Funding; provisions; create State Victim Services Commission................................................................................................................ HB 1EX
PUBLIC OFFICERS AND EMPLOYEES Notify Governor; General Assembly convened ......................................................... HR 2EX
S
SAVANNAH, CITY OF Savannah WTOC; commend....................................................................................... SR 4EX
SENATE Morning Roll Calls.........................................................Pages 3839, 3844, 3845, 3850, 3854 Notify Senate; House convened ................................................................................. HR 1EX Senate Convened; notify House of Representatives.................................................... SR 1EX
SENATORS BLITCH; addressed the Senate ................................................................................Page 3866 BLITCH; excused.....................................................................................................Page 3838 BRUSH; excused..................................................................................................... Page 3853 COLLINS; excused ..................................................................................................Page 3839 CROTTS; addressed the Senate ...............................................................................Page 3852 FORT; absence from Morning Roll Call..................................................................Page 3839 GILLIS; addressed the Senate..................................................................................Page 3866 HARBISON; excused...............................................................................................Page 3853 JOHNSON; excused................................................................................................ Page 3853 KEMP, R; excused .......................................................................................Pages 3838, 3853 LEE; objection to Local Calendar, HB 6EX ............................................................Page 3859 MEYER VON BREMEN; excused..........................................................................Page 3839

1975

3876

INDEX

PRICE; excused........................................................................................................Page 3853 REED; absence from Morning Roll Call .................................................................Page 3854 REED; excused.........................................................................................................Page 3854 TATE; recognized for leadership in Women's Legislative Caucus.........................Page 3846 THOMAS, N.; absence from Morning Roll Call .....................................................Page 3854
SUPERIOR COURTS Indigent Defense Funding; provisions; create State Victim Services Commission................................................................................................................ HB 1EX
T
TYSINGER, FORMER SENATOR JAMES; tribute to Senator Gillis ..............Page 3845

1976