Journal of the Senate of the State of Georgia regular session 2004 volume one commenced at Atlanta, Georgia, Monday, January 12, 2004 and adjourned April 7, 2004

Collection:
Georgia Government Publications
Title:
Journal of the Senate of the State of Georgia regular session 2004 volume one commenced at Atlanta, Georgia, Monday, January 12, 2004 and adjourned April 7, 2004
Creator:
Georgia. General Assembly. Senate
Date of Original:
2004
Subject:
Georgia--Politics and government
Location:
United States, Georgia, 32.75042, -83.50018
Medium:
state government records
Type:
Text
Format:
application/pdf
Description:
Includes extraordinary sessions
Metadata URL:
http://dlg.galileo.usg.edu/id:dlg_ggpd_y-ga-bl402-b2004-bv-p1-belec-p-btext
Digital Object URL:
http://dlg.galileo.usg.edu/do:dlg_ggpd_y-ga-bl402-b2004-bv-p1-belec-p-btext
Holding Institution:
University of Georgia. Map and Government Information Library
Rights:
Rights Statement information

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 2004
VOLUME ONE
Commenced at Atlanta, Georgia, Monday, January 12, 2004 and adjourned, April 7, 2004
Printed on Recycled Paper
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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
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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

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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
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MONDAY, JANUARY 12, 2004

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The Senate Chamber, Atlanta, Georgia Monday, January 12, 2004 First Legislative Day

Senators of the General Assembly of Georgia for the years 2003-2004 met pursuant to law in regular session in the Senate Chamber at 10:00 a.m. this day and were called to order by Lieutenant Governor Mark Taylor, President of the Senate.

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

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

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

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

Those not answering were Senators:

Blitch

Clay

Squires

Golden

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

Senators:

Squires

Blitch

The members pledged allegiance to the flag.

The Lieutenant Governor introduced the chaplain of the day, Reverend Dr. Cynthia L. Hale of Decatur, Georgia, who offered scripture reading and prayer.

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

SR 560. By Senators Lee of the 29th, Smith of the 52nd and Shafer of the 48th:

A RESOLUTION proposing an amendment to the Constitution, in a manner consistent with the United States Constitution, so as to prevent discrimination in the public funding of social services by allowing religious or sectarian organizations to receive public aid, directly or indirectly, for the provision of such services; to provide for the submission of this amendment for ratification or rejection; and for other purposes

Referred to the Rules Committee.

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

Mr. President:

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

HR 943. By Representatives Skipper of the 116th and Smyre of the 111th:

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

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

HB 20.

By Representative Bridges of the 7th:

A BILL to amend Code Section 15-21-112 of the Official Code of Georgia Annotated, relating to additional penalty for violation of Code Section 406-391, so as to increase said penalty; to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to change certain provisions relating to persons eligible for awards; and for other purposes.

HB 322.

By Representatives Moraitakis of the 42nd, Post 4, Campbell of the 39th, Ralston of the 6th, Stokes of the 72nd and Oliver of the 56th, Post 2:

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MONDAY, JANUARY 12, 2004

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HB 326. HB 379. HB 495.

A BILL to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to change certain provisions relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal; to change certain provisions relating to cases requiring an application for appeal, procedure, and jurisdiction; to change certain provisions relating to cases requiring an application for appeal; to amend Code Section 9-11-56 of the Official Code of Georgia Annotated, relating to summary judgment, so as to conform it to the changes made in Title 5; and for other purposes.
By Representatives Buckner of the 109th, Greene of the 134th, Oliver of the 56th, Post 2, Floyd of the 132nd, Purcell of the 122nd and others:
A BILL to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to state officers and employees, so as to provide for liability coverage for nonprofit hospitals with emergency rooms for damages arising out of the provision of authorized services; to provide for the terms and conditions under which such nonprofit hospitals shall be covered by any liability insurance policy administered by the commissioner of administrative services; and for other purposes.
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.
By Representatives Greene-Johnson of the 60th, Post 3, Watson of the 60th, Post 2, Mitchell of the 61st, Post 3, Williams of the 61st, Post 2, Noel of the 44th and others:
A BILL to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide that all real property previously used as an industrial or chemical or landfill site shall be tested for hazardous contamination prior to the construction of any public or private school, recreational facility, or residential community development on such site; to condition the issuance of a construction permit

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HB 689. HB 778. HB 865. HB 866.
HB 903.

on such testing; and for other purposes. By Representatives Epps of the 90th and Brown of the 89th:
A BILL 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; and for other purposes.
By Representatives Maddox of the 59th, Post 2, Ashe of the 42nd, Post 2, Watson of the 60th, Post 2 and Williams of the 61st, Post 2:
A BILL 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; and for other purposes.
By Representatives Hill of the 16th and McBee of the 74th:
A BILL to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Funk Heritage/Bennett Center at Reinhardt College as Georgia's official Frontier and Southeastern Indian Interpretive Center; and for other purposes.
By Representatives Sinkfield of the 50th, Manning of the 32nd, Dooley of the 33rd, Post 3, Anderson of the 100th and Thomas of the 33rd, Post 2:
A BILL to amend Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to county and district departments, boards, and directors of family and children services, so as to provide for the appointment of a county director to serve in more than one county; to provide for the appointment of an acting county director; to provide for such employees as may be necessary to provide services in multiple counties; and for other purposes.
By Representative Smyre of the 111th:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of public disclosure, so as to exempt disclosure of certain personal information; and for other purposes.

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MONDAY, JANUARY 12, 2004

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The following resolutions were read and adopted:
SR 565. By Senators Stephens of the 51st, Johnson of the 1st and Balfour of the 9th:
A RESOLUTION to notify the House of Representatives that the Senate has convened; and for other purposes.
SR 566. By Senators Johnson of the 1st, Stephens of the 51st and Balfour of the 9th:
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: Reed of the 35th, Harbison of the 15th, Unterman of the 45th, Williams of the 19th, Hamrick of the 30th, Thomas of the 2nd and Thomas of the 54th.
SR 567. By Senators Johnson of the 1st, Stephens of the 51st and Balfour of the 9th:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
Senator Stephens of the 51st asked unanimous consent that the following bills, having been placed on the Table in the 2003 Legislative Session, be taken from the Table and committed to the committee from which each was last reported:
The consent was granted, and the following bills were taken from the table and committed to the following committees:
SB 42. By Senators Price of the 56th, Moody of the 27th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to change the time in which certain minimum distance requirements apply; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

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SB 92. By Senators Mullis of the 53rd, Williams of the 19th, Balfour of the 9th, Seabaugh of the 28th, Johnson of the 1st and others:
A BILL to be entitled an Act to amend Code Section 38-3-51 of the Official Code of Georgia Annotated, relating to the emergency powers of the Governor, so as to repeal the Governors power to suspend or limit the sale, dispensing, or transportation of firearms in emergencies; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 330. By Senators Price of the 56th and Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 28-5-5 of the Official Code of Georgia Annotated, relating to the Budgetary Responsibility Oversight Committee, so as to change the method of appointment and time of service of certain members of the committee; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Rules Committee.
HB 91. By Representative Oliver of the 56th, Post 2:
A BILL to enact the "2003 Fairness in Arbitration Act"; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for a challenge to the neutrality of an arbitrator; to provide for vacation of an arbitration award based on an arbitrator's manifest disregard of the law; and for other purposes.
Referred to the Judiciary Committee.
HB 287. By Representatives Buck of the 112th, Hugley of the 113th, Buckner of the 109th, Smyre of the 111th and Smith of the 110th:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding the joint county or municipal sales and use tax and provide for an optional rate increase to 2 percent with respect to imposition by consolidated governments; to provide for imposition of such tax at the rate of 2 percent by consolidated governments; and for other purposes.
Referred to the Finance Committee.

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MONDAY, JANUARY 12, 2004

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HB 341. By Representatives McBee of the 74th, Buck of the 112th, Porter of the 119th and Gardner of the 42nd, Post 3:

A BILL to amend Code Section 20-3-519.3 of the Official Code of Georgia Annotated, relating to HOPE scholarship eligibility requirements for students attending private postsecondary institutions, so as to make certain students attending such institutions part time eligible for HOPE scholarships; and for other purposes.

Referred to the Higher Education Committee.

HB 626. By Representatives Childers of the 13th, Post 1, Smith of the 13th, Post 2, Reece of the 11th, Birdsong of the 104th and Royal of the 140th:

A BILL to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles so as to provide for an exemption from such taxation with respect to certain motor vehicles owned or leased by veterans organizations; and for other purposes.

Referred to the Finance Committee.

SENATE CALENDAR MONDAY, JANUARY 12, 2004
FIRST LEGISLATIVE DAY

SB 16

Child custody or visitation orders; notices; relocation or change of residence (Substitute)(JUDY-16th)

SB 49

Sandy Springs, City of; incorporation and charter (SLGO-56th)

SB 50

Health Insurers; Consumer Choice of Benefits Health Plan Act (Substitute)(I&L-28th)

SB 122

Soil erosion control; exemption; public roadway drainage structures (Substitute)(NR&E-19th)

SB 125

Ethics; campaign disclosure reports; contributions and expenditures; disclose candidate's name (ETHICS-4th)

SB 131

Fireworks; sales of sparklers to persons under 16 yrs; prohibitions (Substitute)(ED&T-24th)

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SB 137 SB 165 SB 181 SB 194 SB 225 SB 234 SB 235 SB 237 SB 259 SB 279 SB 310 SB 324 SB 328 SB 349 SR 12

State buildings and facilities; roofing materials; energy efficiency standards (Substitute)(SI&P-41st)
Unemployment Compensation Fund; administrative assessment; allocation of funds (I&L-21st)
Drivers' Licenses and Auto Insurance; forms of ID for noncitizens from FTAA member countries (Substitute)(ED&T-36th)
Education, local boards; conflicts of interest; certain employee representation organization activities (Amendment)(ED-34th)
Civil Practice; Frivolous Litigation Prevention Act (JUDY-33rd)
Gwinnett Judicial Circuit; new judgeship; beginning 1/1/04 (JUDY-48th)
Gwinnett Judicial Circuit; new judgeship; beginning 7/1/03 (JUDY-48th)
Insurers; require publication of annual financial statement (Substitute)(I&L-33rd)
DeKalb County; board of registration and elections (SLGO(G)-41st)
License plates; prestige/special; honoring Masons; donating revenue to charities (PS&HS-41st)
Nuisance abatement; graffiti visible from adjoining public or private property (S JUDY-5th)
Property Involved with Illegal Drug Activities; enhanced penalties (Substitute)(S JUDY-50th)
Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties (NR&E-11th)
Identity Fraud; violations; law enforcement investigations; consumer victims damages (RULES-29th)
CA: Taxation; legislation for any state tax; approval by General Assembly (FIN-48th)

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SR 22 SR 38 SR 160 SR 228 SR 277 SR 303 SR 416 HB 45 HB 87 HB 88 HB 117 HB 183 HB 185 HB 259 HB 263 HB 267 HB 316

MONDAY, JANUARY 12, 2004

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Toxic Mold Study Committee; creating (Amendment)(RULES-38th) Designate; Earl Paulk Parkway; DeKalb County (TRANS-43rd)
CA: Taxpayers' Dividend Act; restrict amendments that increase appropriations (FIN-48th)
Federal Food Stamp Program for low-income Georgians; urge DHR adopt options to provide access (RULES-36th)
CA: Probate Court Judges; nonpartisan election (SLGO(G)-48th)
Winecoff Hotel, Joint Study Committee on the Rehabilitation of; create (RULES-36th)
Hospital Indigent Care Funding Study Committee; create (RULES-40th)
Commission on Men's Health; presiding officer; term (H&HS-54th) Childers-13th
Bingo; fee for conducting games; increase (ED&T-15th) Buck-112th
Tax executions; prohibit sales (FIN-23rd) Dean-49th
Unemployment benefits; eligibility; military transfer of spouse (I&L-16th) Birdsong-104th
Tattooing near the eye; prohibition; expand exception (H&HS-54th) Borders-142nd
Drivers' licenses; certain suspension; limited driving permits (TRANS-19th) Black-144th
Health benefits; failure to pay; penalty not applicable to cap (I&L-4th) Channell-77th
Mass transportation service; increase limit of state funds (TRANS-17th) Smith-13th
Teachers Retirement; contribution rate; certain reduction (RET-47th) Cummings-19th
Persons supervising children; criminal background checks; National Crime Information Center (C&Y-6th) Stoner-34th

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HB 320 HB 346 HB 415 HB 423 HB 427 HB 502 HB 594 HB 595 HB 599 HB 614 HB 666 HB 697 HB 708 HB 709 HB 772

Education; Certified School Social Worker Specialists; salary increase (Amendment)(ED-24th) Orrock-51st
Sales tax; educational purposes; local boards; performance audit (FIN-1st) Millar-52nd
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
Juvenile court judges; compensation from state funds; adjustment (JUDY-37th) Bordeaux-125th
State employees' health insurance; certain community service retirees (H&HS-41st) Teper-42nd
War on Terrorism Local Assistance Act; enact (FIN-49th) Teper-42nd
Appeals; postconviction DNA testing; procedure (Substitute)(JUDY-37th) Thompson-69th
Correctional institutions; housing certain inmates; reimbursement (S JUDY-3rd) Greene-134th
Local governments; financial transactions; annual audits (SLGO(G)-53rd) Lord-103rd
Managed health care plans; right to independent review; include state employees (H&HS-42nd) Gardner-42nd
Fraud, waste, abuse in state operations; whistle blower; prohibit retaliation (Substitute)(JUDY-37th) Oliver-56th
Local sales taxes; limitation; certain exclusions (FIN-49th) Ashe-42nd
Bingo games; operation by auxiliary unit of parent organization (ED&T-7th) Birdsong-104th

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HR 90 HR 104 HR 132 HR 228 HR 257 HR 263

Veterans Memorial Highway; designate; Banks County veterans; commend (TRANS-47th) Jamieson-22nd
Jack Connell Parkway; designate (TRANS-33rd) Howard-98th
Keith Kalland Connector; designate (Amendment)(TRANS-6th) Wilkinson-41st
Cosmetic dental coverings; urge removal of unlicensed providers (H&HS-54th) Heckstall-48th
Robert Ray Parkway; designate (TRANS-16th) James-114th
Subsequent Injury Trust Fund Joint Study Committee; create (Amendment)(RULES-9th) Bannister-70th

Senator Stephens of the 51st asked unanimous consent that all of the legislation listed on the Senate Calendar for today be committed to the committee from which each was last reported.
The consent was granted and the legislation listed on the Senate Calendar for today was committed to the following Senate Committees:
SB 16. By Senator Harp of the 16th:
A BILL to be entitled an Act to amend Chapter 9 of Title 19 of the O.C.G.A., relating to child custody proceedings, so as to provide for a new article regarding the relocation of children subject to custody or visitation orders or agreements; to provide for definitions and applicability; to provide for notices of proposed relocations and changes of residence; to provide for court orders regarding notices of proposed relocations; to provide exceptions for certain disclosures; to provide for failure to comply with required notices of proposed relocations and changes of residence; to provide for additional grounds to modify custody or visitation orders or agreements; to provide for relocations; to provide for hearings; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 49. By Senators Price of the 56th, Moody of the 27th and Tanksley of the 32nd:
A BILL to be entitled an Act to incorporate the City of Sandy Springs in Fulton

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County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, districts, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 50. By Senators Seabaugh of the 28th, Golden of the 8th, Price of the 56th, Moody of the 27th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Consumer Choice of Benefits Health Insurance Plan Act"; to provide a short title; to provide for legislative intent; to provide definitions; to provide that Georgia Consumer Choice of Benefits Health Insurance Plan policies or contracts not subject to state mandated health benefits may be offered by insurers to group or individual policyholders; to provide exceptions; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 122. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to minimum requirements for rules, regulations, ordinances, or resolutions regarding the control of soil erosion and sedimentations, so as to provide that a drainage structure for a public roadway is exempt from the provisions of such Code section; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 125. By Senator Hill of the 4th:
A BILL to be entitled an Act to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to campaign disclosure reports, so as to require that any person who accepts contributions for or makes expenditures on

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behalf of candidates shall disclose the name of the candidate and the office sought by the candidate for whom such contributions were accepted or expenditures made; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.
SB 131. By Senators Brush of the 24th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, so as to change the definition of the term "fireworks"; to prohibit the sale of certain combustible or explosive compositions to persons under 16 years of age; to provide for a monetary penalty for sales made in violation of such prohibition; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development and Tourism Committee.
SB 137. By Senators Henson of the 41st, Adelman of the 42nd and Tate of the 38th:
A BILL to be entitled an Act to amend Chapter 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide material standards for certain roofing of state owned buildings and facilities; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.
SB 165. By Senators Lamutt of the 21st, Golden of the 8th, Shafer of the 48th, Balfour of the 9th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 34-8-182 of the Official Code of Georgia Annotated, relating to the authority to collect an administrative assessment and to deposit the funds in a clearing account, so as to provide for the allocation of such funds; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 181. By Senators Zamarripa of the 36th, Brown of the 26th, Stokes of the 43rd, Starr of the 44th, Thomas of the 10th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers licenses, so as to provide for legislative findings; to provide

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a title; to change certain provisions relating to the definition of "resident"; to provide for other forms of identification to be included in applications for drivers licenses; to provide that the department shall accept drivers licenses from other countries; to provide that the department may verify authenticity of drivers licenses; to provide that this Act shall not conflict with federal laws and policies; to amend Article 1 of Chapter 11 of Title 19 of the O.C.G.A., relating to the Child Support Recovery Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development and Tourism Committee.
SB 194. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that it shall be a conflict of interest and unlawful for a member of a local board of education to perform certain acts with respect to certain employee representation organizations; to define a term; to state legislative findings; to define criminal offenses and prescribe the punishment for such offenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.
SB 225. By Senators Thompson of the 33rd, Tanksley of the 32nd, Meyer von Bremen of the 12th and Harp of the 16th:
A BILL to be entitled an Act to enact the "Frivolous Litigation Prevention Act"; to provide for legislative findings; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change provisions relating to signing of pleadings and other documents, representation to the court, and sanctions; to change provisions relating to failure to make discovery, sanctions, and expenses; to change provisions relating to litigation costs and attorneys fees in frivolous actions and defenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 234. By Senators Shafer of the 48th, Balfour of the 9th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of superior court judges for each circuit, so as to create a new ninth judgeship for the Gwinnett Judicial Circuit; to provide for the initial

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appointment, election, and term of office of said judge; to provide for the manner of impaneling jurors; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county composing the Gwinnett Judicial Circuit; to provide for the division of business among the judges of the Gwinnett Judicial Circuit; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 235. By Senators Shafer of the 48th, Balfour of the 9th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of superior court judges for each circuit, so as to create a new ninth judgeship for the Gwinnett Judicial Circuit; to provide for the initial appointment, election, and term of office of said judge; to provide for the manner of impaneling jurors; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county composing the Gwinnett Judicial Circuit; to provide for the division of business among the judges of the Gwinnett Judicial Circuit; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 237. By Senators Thompson of the 33rd, Jackson of the 50th, Reed of the 35th, Stokes of the 43rd and Butler of the 55th:
A BILL to be entitled an Act to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rates, underwriting rules, and related organizations, so as to require that all insurers authorized to do business in this state shall publish certain information on an annual basis; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

SB 259. By Senator Henson of the 41st:
A BILL to be entitled an Act to repeal an Act approved March 13, 1978 (Ga. L. 1978, p. 3677), as amended by an Act approved April 6, 1981 (Ga. L. 1981, p.

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3309), which Act as so amended provided for a board of registration and elections in counties having a population of not less than 350,000 and not more than 500,000 according to the decennial census of 1970 or any future such census; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 279. By Senators Henson of the 41st, Adelman of the 42nd, Levetan of the 40th, Clay of the 37th and Unterman of the 45th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles; so as to provide for a special and distinctive license plate honoring the Masons; to provide that revenue derived from the sale of such license plates shall be donated to charities foundations; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such license plates; to provide for related matters; to provide an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 310. By Senators Squires of the 5th, Butler of the 55th, Unterman of the 45th, Henson of the 41st, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally, so as to define certain terms; to provide for other circumstances that would allow property to be declared unfit pursuant to an ordinance adopted by a county or municipality; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 324. By Senators Jackson of the 50th, Golden of the 8th, Brown of the 26th, Starr of the 44th, Dean of the 31st and others:
A BILL to be entitled an Act to amend Titles 16, 26, 41, 44, and 51 of the O.C.G.A., relating respectively to crimes and offenses; food, drugs, and cosmetics; nuisances; property; and torts, so as to provide enhanced penalties and requirements for persons involved with or property involved with substances used in connection with manufacturing methamphetamine; to

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provide for the offense of unlawful endangerment of property; to provide for enhanced penalties for theft or attempt or conspiracy to commit the theft of anhydrous ammonia; to provide for penalties for unlawfully providing materials for production of controlled substances; to provide for penalties for possession of ephedrine; to provide for marketing ephedrine; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 328. By Senators Bulloch of the 11th, Williams of the 19th, Gillis of the 20th, Bowen of the 13th and Golden of the 8th:
A BILL to be entitled an Act to amend Code Section 27-3-9 of the Official Code of Georgia Annotated, relating to unlawful enticement of game, so as to change certain provisions relating to hunting deer within the vicinity of feed; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 349. By Senators Lee of the 29th, Stephens of the 51st and Kemp of the 46th:
A BILL to be entitled an Act to amend Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to identity fraud, so as to change certain provisions regarding definitions; to change certain provisions regarding investigations; to change certain provisions regarding authority of the administrator; to change certain provisions regarding exemptions; to provide for additional violations; to change certain provisions regarding damages, defenses, and service; to change certain provisions regarding investigation results; to change certain provisions regarding the cumulative nature of said article; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Rules Committee.
SR 12. By Senators Shafer of the 48th, Cagle of the 49th, Lamutt of the 21st, Balfour of the 9th, Tanksley of the 32nd and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that no law providing for or increasing any state purpose tax shall become effective unless approved by a two-thirds majority of each branch of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Referred to the Finance Committee. SR 22. By Senator Tate of the 38th:
A RESOLUTION creating the Senate Toxic Mold Study Committee; and for other purposes.
Referred to the Rules Committee.
SR 38. By Senators Stokes of the 43rd and Crotts of the 17th:
A RESOLUTION designating the Earl Paulk Parkway; and for other purposes.
Referred to the Transportation Committee.
SR 160. By Senators Shafer of the 48th, Cagle of the 49th, Balfour of the 9th, Price of the 56th, Lamutt of the 21st and others:
A RESOLUTION proposing an amendment to the Constitution so as to restrict amendments that increase appropriations made by the general appropriations Act; to provide for a short title; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Finance Committee.
SR 228. By Senators Zamarripa of the 36th, Tate of the 38th, Reed of the 35th, Squires of the 5th, Seay of the 34th and others:
A RESOLUTION urging the Georgia Department of Human Resources to adopt specific Farm Bill 2002 state options to provide access to the federal Food Stamp Program for low-income Georgians; and for other purposes.
Referred to the Rules Committee.
SR 277. By Senators Shafer of the 48th, Kemp of the 46th, Tanksley of the 32nd, Blitch of the 7th, Kemp of the 3rd and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the election of judges of the probate court on a nonpartisan basis; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

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SR 303. By Senators Zamarripa of the 36th, Reed of the 35th and Fort of the 39th:
A RESOLUTION creating the Joint Study Committee on the Rehabilitation of the Winecoff Hotel; and for other purposes.
Referred to the Rules Committee.
SR 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.
HB 45. By Representative Childers of the 13th, Post 1:
A BILL to amend Code Section 31-43-8 of the Official Code of Georgia Annotated, relating to selection of the presiding officer of the Commission on Men's Health, so as to change the length of term of office of such presiding officer; and for other purposes.
Referred to the Health and Human Services Committee.
HB 87. By Representative Buck of the 112th:
A BILL to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations regarding bingo, so as to increase the amount of money that may be paid to individuals assisting in the conduct of bingo games; to increase the number of organizations in which a person is authorized to participate in the bingo operations thereof; and for other purposes.
Referred to the Economic Development and Tourism Committee.
HB 88. By Representative Dean of the 49th:
A BILL to amend Chapter 13 of Title 9 of the Official Code of Georgia

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Annotated, relating to executions and judicial sales, and Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to prohibit the sale of tax executions; to make it unlawful to sell such tax executions; and for other purposes.
Referred to the Finance Committee.
HB 117. By Representatives Birdsong of the 104th, Skipper of the 116th, Buck of the 112th, Smyre of the 111th, Royal of the 140th and others:
A BILL to amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to grounds for disqualification of unemployment benefits, so as to provide that leaving an employer voluntarily because of the transfer of a spouse from one military assignment to another shall not disqualify a person from such benefits; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 183. By Representative Borders of the 142nd:
A BILL to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to expand the exception to the misdemeanor of tattooing near the eye when performed by an osteopath or a technician under the supervision of a licensed physician or osteopath; and for other purposes.
Referred to the Health and Human Services Committee.
HB 185. By Representatives Black of the 144th, Parham of the 94th, Yates of the 85th, Post 1, Rice of the 64th, Rogers of the 20th and others:
A BILL to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to limited driving permits for certain offenders, so as to authorize such permits for certain persons at least 18 years of age whose drivers' licenses have been suspended under Code Section 40-5-57.1; and for other purposes.
Referred to the Transportation Committee.
HB 259. By Representative Channell of the 77th:
A BILL to amend Code Section 33-24-59.5 of the Official Code of Georgia Annotated, relating to timely payment of health benefits, notification of failure

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to pay, and penalty for violation, so as to expressly provide that the amount of any such penalty shall not apply toward any cap on benefits payable; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 263. By Representatives Smith of the 13th, Post 2, Noel of the 44th, Stephens of the 123rd and Burmeister of the 96th:
A BILL to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change the provisions relating to the Department of Transportation's participation with state funds in mass transportation systems and services and in the construction and improvement of facilities, equipment, and capital projects for use in mass transportation service; and for other purposes.
Referred to the Transportation Committee.
HB 267. By Representatives Cummings of the 19th, Black of the 144th, Williams of the 61st, Post 2 and McBee of the 74th:
A BILL to amend Code Section 47-3-41 of the Official Code of Georgia Annotated, relating to the annuity savings fund of the Teachers Retirement System of Georgia, so as to provide that the board of trustees of such retirement system shall be authorized, under certain conditions, to establish an employee's contribution rate at not less than 3 percent nor more than 6 percent of the member's compensation; and for other purposes.
Referred to the Retirement Committee.
HB 316. By Representatives Stoner of the 34th, Post 1, Teilhet of the 34th, Post 2, Ralston of the 6th, Hill of the 81st and Coleman of the 118th:
A BILL to amend Article 5 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records checks for persons supervising children, so as to provide that an employer may conduct criminal background checks from the National Crime Information Center of the Federal Bureau of Investigation on employees or volunteers supervising children; and for other purposes.
Referred to the Children and Youth Committee.

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HB 320. By Representatives Orrock of the 51st, Jamieson of the 22nd, Coleman of the 65th and Sinkfield of the 50th:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for salary increases for certain school social workers who are certified as Certified School Social Worker Specialists; to provide for leave for preparing documentation required for certification; to provide for reimbursement of the program participation fee; and for other purposes.
Referred to the Education Committee.
HB 346. By Representatives Millar of the 52nd, Royal of the 140th, Watson of the 60th, Post 2, Williams of the 4th and Drenner of the 57th:
A BILL to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for educational purposes, so as to provide that when certain sales taxes for educational purposes are imposed, each board of education expending proceeds of the tax shall undergo a performance audit or performance review of such expenditures; to provide for contracts for such performance audit or review; and for other purposes.
Referred to the Finance Committee.
HB 415. By Representatives Snow of the 1st, Boggs of the 145th, Day of the 126th, Jenkins of the 93rd, Hill of the 81st and others:
A BILL to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to provide that engaging in specified businesses shall be a violation of a sheriff's oath of office; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 423. By Representatives Howell of the 92nd, Lunsford of the 85th, Post 2 and Yates of the 85th, Post 1:
A BILL to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, so as to

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provide that a municipal corporation may lease municipal property for up to 20 years to a nonprofit corporation for certain purposes related to recreation; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
HB 427. By Representatives Powell of the 23rd, DeLoach of the 127th, Boggs of the 145th, Stoner of the 34th, Post 1 and Mitchell of the 61st, Post 3:
A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to clarify the definition of precinct; to authorize the Secretary of State to develop, program, and build ballots for use by counties and municipalities using direct recording electronic (DRE) voting systems; to require election superintendents to complete a certification program; to repeal the provisions of law establishing the Twenty-first Century Voting Commission and the pilot projects for electronic voting; to amend Code Section 50-12-101 of the Official Code of Georgia Annotated, relating to assignment of numbers by board to proposed constitutional amendments and Constitutions; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
HB 502. By Representatives Bordeaux of the 125th, Campbell of the 39th and Benfield of the 56th, Post 1:
A BILL to amend Code Section 15-11-18 of the Official Code of Georgia Annotated, relating to creation of juvenile courts and provisions relative to juvenile court judges, so as to provide for salary adjustments for full- time and part-time juvenile court judges who are paid with state funds; and for other purposes.
Referred to the Judiciary Committee.
HB 594. By Representative Teper of the 42nd, Post 1:
A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide that the Board of Community Health is authorized to contract with the community service boards for the inclusion in such plan of any person who retires as an employee of a community service board with at least ten years of actual service and after attaining the age of 60 years; and for other purposes.
Referred to the Health and Human Services Committee.

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HB 595. By Representatives Teper of the 42nd, Post 1, Watson of the 60th, Post 2, Henson of the 55th, Greene-Johnson of the 60th, Post 3 and Stephenson of the 60th, Post 1:
A BILL to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide a short title; to provide a statement of constitutional authority and intent; to define certain terms; to create in each county a public safety and judicial facilities authority; and for other purposes.
Referred to the Finance Committee.
HB 599. By Representatives Thompson of the 69th, Post 1, Dix of the 70th, Post 2, Teilhet of the 34th, Post 2 and Boggs of the 145th:
A BILL to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide that a request for postconviction DNA testing shall be made through an extraordinary motion for new trial; to provide for postconviction DNA testing of evidence in certain criminal cases; to provide procedures, conditions, and standards for the conduct of postconviction DNA testing of evidence; to provide for the state to appeal in criminal cases in which an extraordinary motion for new trial is granted; to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, so as to provide standards for the retention of evidence in criminal cases; and for other purposes.
Referred to the Judiciary Committee.
HB 614. By Representative Greene of the 134th:
A BILL to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to jurisdiction over certain misdemeanor offenders, designation of place of confinement of inmates, reimbursement of counties, and transfer of inmates to federal authority, so as to change certain provisions relating to reimbursement rates; and for other purposes.
Referred to the Special Judiciary Committee.
HB 666. By Representative Lord of the 103rd:

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A BILL to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to requirement of audits, so as to change the amount of annual expenditures of local governments requiring annual audits; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
HB 697. By Representatives Gardner of the 42nd, Post 3 and Ashe of the 42nd, Post 2:
A BILL to amend Article 2 of Chapter 20A of Title 33 of the Official Code of Georgia Annotated, relating to patient's right to independent review, so as to include state employees in the definition of eligible enrollee to allow for the right to independent review of a medical decision; and for other purposes.
Referred to the Health and Human Services Committee.
HB 708. By Representatives Oliver of the 56th, Post 2, Smyre of the 111th, Orrock of the 51st, Porter of the 119th, Greene of the 134th and others:
A BILL to amend Code Section 45-1-4 of the Official Code of Georgia Annotated, relating to complaints or information regarding fraud, waste, and abuse in state programs and operations, so as to change certain provisions regarding complaints or information regarding fraud, waste, or abuse in state programs and operations; and for other purposes.
Referred to the Judiciary Committee.
HB 709. By Representatives Ashe of the 42nd, Post 2, Holmes of the 48th, Post 1, McClinton of the 59th, Post 1 and Smyre of the 111th:
A BILL to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations and restrictions on certain local taxes, so as to provide that certain taxes shall be excluded in computing the limitation on the total amount of local sales and use taxes which may be levied; to provide certain exemptions from certain local sales and use taxes; and for other purposes.
Referred to the Finance Committee.
HB 772. By Representatives Birdsong of the 104th, Warren of the 99th, Jenkins of the 93rd and Roberts of the 135th:
A BILL to amend Code Section 16-12-60 of the Official Code of Georgia

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Annotated, relating to rules and regulations relative to the operation of bingo games, so as to provide that members of a bona fide auxiliary unit of a licensed organization may assist in the operation of bingo games operated by such parent organization notwithstanding the fact that such auxiliary unit holds its own bingo license; and for other purposes.
Referred to the Economic Development and Tourism Committee.
HR 90. By Representative Jamieson of the 22nd:
A RESOLUTION commending the Military Veterans of Banks County and designating the Veterans Memorial Highway; and for other purposes.
Referred to the Transportation Committee.
HR 104. By Representatives Howard of the 98th, Coleman of the 118th, Murphy of the 97th, Warren of the 99th, Childers of the 13th, Post 1 and others:
A RESOLUTION recognizing and commending Honorable Jack Connell and designating the Jack Connell Parkway; and for other purposes.
Referred to the Transportation Committee.
HR 132. By Representatives Wilkinson of the 41st, Bunn of the 63rd, Ashe of the 42nd, Post 2, Heckstall of the 48th, Post 3, Franklin of the 17th and others:
A RESOLUTION designating the Keith Kalland Connector; and for other purposes.
Referred to the Transportation Committee.
HR 228. By Representatives Heckstall of the 48th, Post 3, Jackson of the 124th, Post 1, Holmes of the 48th, Post 1, Roberts of the 135th, Sailor of the 61st, Post 1 and others:
A RESOLUTION strongly urging the Governor's Office of Consumer Affairs to address with the public the health dangers of certain cosmetic coverings of the teeth and to encourage efforts to remove those unscrupulous and unlicensed providers of such coverings; and for other purposes.
Referred to the Health and Human Services Committee.

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HR 257. By Representative James of the 114th: A RESOLUTION designating a portion of SR 247 as the Robert Ray Parkway; and for other purposes.
Referred to the Transportation Committee.
HR 263. By Representatives Bannister of the 70th, Post 1, Smith of the 13th, Post 2, Ralston of the 6th, Williams of the 4th and Maddox of the 59th, Post 2: A RESOLUTION creating the Subsequent Injury Trust Fund Joint Study Committee; and for other purposes.
Referred to the Rules Committee.
The following messages were received from the House through Mr. Rivers, the Clerk thereof:
Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 944. By Representatives Skipper of the 116th and Smyre of the 111th:
A RESOLUTION relative to adjournment; and for other purposes. Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 945. By Representatives Skipper of the 116th and Smyre of the 111th:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.

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The following resolutions were read and adopted:
HR 944. By Representatives Skipper of the 116th and Smyre of the 111th:
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, the meeting dates and dates of adjournment for the 2004 regular session of the General Assembly for the period of January 12, 2004, through February 16, 2004, shall be as follows:
Monday, January 12 - Friday, January 1 .................... in session for legislative day 1-5 Saturday, January 17 - Sunday, January 25................. in adjournment Monday, January 26 ................................................... in session for legislative day 6 Tuesday, January 27 .................................................... in session for legislative day 7 Wednesday, January 28 .............................................. in adjournment Thursday, January 29 .................................................. in session for legislative day 8 Friday, January 30 ...................................................... in session for legislative day 9 Saturday, January 31 .................................................. in adjournment Sunday, February 1 ..................................................... in adjournment Monday, February 2 ................................................... in session for legislative day 10 Tuesday, February 3 .................................................... in session for legislative day 11 Wednesday, February 4 .............................................. in adjournment Thursday, February 5 .................................................. in session for legislative day 12 Friday, February 6 ...................................................... in session for legislative day 13 Saturday, February 7 .................................................. in adjournment Sunday, February 8 ..................................................... in adjournment Monday, February 9 .................................................... in session for legislative day 14 Tuesday, February 10 ................................................. in session for legislative day 15 Wednesday, February 11 ............................................ in adjournment Thursday, February 12 ................................................ in session for legislative day 16 Friday, February 13 .................................................... in session for legislative day 17 Saturday, February 14 ................................................ in adjournment Sunday, February 15.................................................... in adjournment Monday, February 16 ................................................. in session for legislative day 18
BE IT FURTHER RESOLVED that on and after February 16, 2004, the periods of adjournment of the 2004 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2004 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the

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close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.

HR 945. By Representatives Skipper of the 116th and Smyre of the 111th:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
The following communications from His Excellency, Governor Sonny Perdue, were received by the Secretary:
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
May 13, 2003
Sonny Perdue GOVERNOR
The Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
The Honorable Terry Coleman Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Gentlemen:
Please be advised that I have line item vetoed the following Sections in House Bill 121:
Section 41, pertaining to the Department of Administrative Services, page 42, lines 1820 through 1822;

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Section 42, pertaining to the Department of Community Affairs, page 42, lines 1832 through 1835;
Section 42, pertaining to the Department of Community Affairs, page 43, lines 1847 through 1848;
Section 51, pertaining to the Department of Natural Resources, page 81, lines 3679 through 3687;
Section 55, pertaining to the Department of Transportation, page 82, lines 3727 through 3731;
Section 55, pertaining to the Department of Transportation, page 82, lines 3736 through 3738;
Section 64, pertaining to Federal Funds, page 85, lines 3831 through 3835.
Section 65, pertaining to the General Obligation Debt Sinking Fund for the Board of Regents, page 88, lines 3954 through 3960;
Section 65, pertaining to the General Obligation Debt Sinking Fund for the Board of Regents, page 88, lines 3961 through 3967;
Section 65, pertaining to the General Obligation Debt Sinking Fund for the Department of Technical and Adult Education, page 87, lines 3917 through 3922;
Please be further advised that I have directed the Office of Planning and Budget to implement the attached Expenditure Controls for FY 2003.
The Veto Messages and Expenditure Controls are attached for each item referenced above.
Sincerely,
/s/ Sonny Perdue

VETOES HB 121
Section 41, pertaining to the Department of Administrative Services, page 42, lines 1820 through 1822:
This language was approved in the 1996 session of the General Assembly to control the

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purchase of communications equipment that was not compatible with an 800-megahertz system. All communication equipment purchases are now under the direction of the Georgia Technology Authority and this language is inconsistent with general law. Therefore, this language (lines 1820 to 1822, page 42) in the Provisions Relative to Section 4, Department of Administrative Services is vetoed and has been vetoed previously.
Excerpt from Section 41, page 42:
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.

Section 42, pertaining to the Department of Community Affairs, page 42, lines 1832 through 1835:
As part of the budget cuts to FY 1992, an Environmental Protection Division grant program that provided local governments with small loans for emergency water and sewer projects was eliminated. Later, this program was replaced with a state-funded loan program in the Georgia Environmental Facilities Authority (GEFA). This language was added to the appropriation bill at that time to highlight that a "loan" program was replacing a "grant" program. There has been no state funding for the GEFA emergency loan program since the end of FY 1999 and this language is no longer necessary. Therefore, this language (lines 1832 to 1835, page 42) in the Provisions Relative to Section 7, Department of Community Affairs is vetoed and has been vetoed previously.
Excerpt from Section 42, page 42:
Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects
Section 42, pertaining to the Department of Community Affairs, page 43, lines 1847 through 1848:
This language authorizes the Department to provide a total of $70,034 in special support for the Southeast Georgia Regional Development Center from the Contracts object class. This special contract was established in the agency by the Fiscal Affairs subcommittee in June of 2001 and therefore this language is unnecessary. Therefore, this language (lines 1847 to 1848, page 43) in the Provisions Relative to Section 7, Department of

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Community Affairs is vetoed and has been vetoed previously. Excerpt from Section 42, page 43:
Provided, however, that the Department shall contract with the Southeast Georgia Regional Development Center from the Contracts object class a total of $70,034 for operating expenses
Section 51, pertaining to the Department of Natural Resources, page 81, lines 3679 through 3687:
From FY 2000 through FY 2002, state funds appropriated to the Environmental Protection Division of the Department of Natural Resources were used to match federal Congestion Mitigation and Air Quality funds to provide mass transit subsidies for state employees. The use of state funds for subsidies to individuals required special authorizing language in each appropriation bill in which this program received funding. Beginning in FY 2003, the Georgia Building Authority continued the state employee mass transit subsidy program with non-state funds and this language was no longer necessary and was vetoed in HB 1002. Therefore, this language (lines 3679 to 3687, page 81) in the Provisions Relative to Section 24, Department of Natural Resources is vetoed.
Excerpt from Section 51, section 24:
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 55, pertaining to the Department of Transportation, page 82, lines 3727 through 3731:
This language authorizes the Department to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. All executive branch agencies are legally authorized to amend their budgets and transfer positions between budget functions when the Office of Planning and Budget has approved a properly drawn amendment to the annual operating budget. In addition, the number of positions in each

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budget function is not specified in the Governor's budget recommendation to the General Assembly or in the annual Appropriations Act making this language unnecessary. Therefore, this language (lines 3727 to 3731, page 82) in the Provisions Relative to Section 36, Department of Transportation is vetoed and has been vetoed previously.
Excerpt from Section 55, page 82:
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.
Section 55, pertaining to the Department of Transportation, page 82, lines 3736 through 3738:
This language authorizes the Department to use available funding for the right-of-way acquisition for a multi-lane road to connect the Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3. This project was funded in FY 2001. In addition, as a state route, this project is eligible for motor fuel funds and special language is not necessary. Therefore, this language (lines 3736 to 3738, page 82) in Provisions Relative to Section 36, Department of Transportation is vetoed and has been vetoed previously.
Excerpt from Section 55, page 82:
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 64, pertaining to Federal Funds, page 85, lines 3831 through 3835:
This language essentially provides a pool of federal money to be available only to supplant state funds. It prohibits an amendment of federal funds above the amount appropriated in the Appropriations Act for purposes other than to supplant state appropriations for the pertinent programs. This language limits the state's ability to accept additional federal funds as they become available throughout the fiscal year. Therefore, this language (lines 3831 to 3835, page 85) in Section 64 is vetoed and has been vetoed previously.
Excerpt from Section 64, page 85:
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

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such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 65, pertaining to the General Obligation Debt Sinking Fund for the Board of Regents, page 88, lines 3954 through 3960:
This language essentially provides $421,950 in debt service funds for a principle bond amount not to exceed $4,850,000 for the Georgia Rural Economic Development and Technology Center at East Georgia College. An Economic Development Technology Building is under construction at Swainsboro Technical College about 2 miles away. Both facilities have classroom and computer labs an both colleges are offering Associates Degrees in Information Technology. In the current state fiscal situation, it is important to look for efficiencies and to have agencies work closely together on programs and delivery of services. Therefore, this language (lines 3954 through 3960, Page 88) in Section 65 is vetoed. A thorough evaluation should be undertaken to merge or mesh the two campus programs into one shared facility.
Excerpt from Section 65, page 88:
From the appropriation designated "State General Funds (New)," $421,950 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,850,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months .
Section 65, pertaining to the General Obligation Debt Sinking Fund for the Board of Regents, page 88, lines 3961 through 3967:
This language essentially provides $87,000 in debt service funds for a principal bond amount of $1,000,000 for a campus entryway and related infrastructure for Atlanta Metropolitan College. The current main entrance is owned by Atlanta Technical College and is shared with them. In these difficult budget times, cosmetic focused projects that are not essential to the functioning of a campus should be deferred. Therefore, this language (lines 3961 through 3967, page 88) in Section 65 is vetoed.
Excerpt from Section 65, page 88:
From the appropriation designated "State General Funds (New)," $87,000 is specifically

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appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months .
Section 65, pertaining to the State of Georgia General Obligation Debt Sinking Fund for the Board of Regents, page 87, lines 3917 through 3922:
As a part of the Department of Technical and Adult Education's budget request to the Governor, a list of capital outlay projects was provided. These projects were reviewed and approved by the board for consideration for funding during the 2003 session of the Georgia General Assembly. Although an Allied Health building for the Southwest Georgia Technical College was not included on the board's list, HB 121 includes $74,820 for $860,000 in 20-year bonds for this project. This project received funding in HB 121 while many board-approved projects did not. Therefore, this language (lines 3917-3822, page 87) in the Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund is vetoed.
Excerpt from Section 65, page 87:
From the appropriation designated "State General Funds (New)," $74,820 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Expenditure Controls House Bill 121
Item 4, page 14 of the Comparative Summary of HB 121, pertaining to the Department of Community Health:
This item contains language, limiting enrollment in PeachCare for Kids so that FY 2003 expenditures do not exceed the FY 2003 appropriations provided for PeachCare benefits or administrative costs. This item also recognizes that a limit on enrollment would reduce the FY 2004 annualized cost of children enrolled in FY 2003. Without a cap on enrollment, it would be necessary to appropriate additional funds to the department to accommodate the projected annualized cost of care for more program participants. The

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General Assembly disagreed with the Governor's recommendation to limit enrollment. However, because the General Assembly failed to appropriate the funds considered necessary for the department to meet its expected financial obligations in FY 2004, I am directing the department to monitor enrollment and take actions necessary to ensure that expenditures do not exceed either the FY 2003 or FY 2004 appropriations for PeachCare.
Section 65, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 86, lines 3868 to 3873:
The Department of Technical and Adult Education traditionally receives an appropriation for the replacement of obsolete equipment at its institutions throughout the state. In recent years, the annual funding level has been $12,500,000. In the 2002 session of the Georgia General Assembly, $7,500,000 was appropriated for this purpose. I recommended an annual funding level of $10,000,000 in the 2003 session. This represented an increase over the previous year's funding. HB 121 increases the funding level by an additional $4,200,000 to a total of $14,200,000. Although maintaining current training equipment at our technical institutions is a good use of state resources, this increase over the historical level of funding during a year of austerity reductions in state programs across the board seems excessive. Therefore, I will direct the Georgia State Finance and Investment Commission to withhold from sale that portion of these bonds that exceed the austerity level of funding for obsolete equipment included in my budget report.
Section 65, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 88, lines 3948 to 3953:
As a part of the Department of Technical and Adult Education's budget request to the Governor, a list of capital outlay projects was provided. These projects were reviewed and approved by the board for consideration for funding during the 2003 session of the Georgia General Assembly. HB 121 includes $156,600 for $1,800,000 in 20-year bonds for renovations to recently acquired buildings at Columbus Technical College. There are at least 20 unfunded projects on the Department's consolidated priority capital outlay list ahead of this project. Therefore, I will direct the Georgia State Finance and Investment Commission to withhold this bond project from sale.
Instructions:
In these difficult budget times, it is important to focus on the serious infrastructure issues that affect campus operations and classrooms, labs or library facilities that impact instruction or accreditation. Less important projects such as landscaping, campus entrances and project elements that could wait until design is complete should be deferred. Therefore, I am instructing the Georgia State Finance and Investment Commission to defer funding on the following Board of Regents bond projects or

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portions of projects:

1.

$2,500,000 of the $5,000,000 Southern Polytechnic State University project on

page 64, item 16 of the Comparative Summary of HB 121 that is for campus

entrance changes with appropriate road and utility realignment and

landscaping. The portion of the project ($2,500,000) that is for lab expansion

and renovation for the engineering technology programs should proceed.

2.

$400,000 of the $700,000 Georgia Southwestern State University project on

page 65, item 21 of the Comparative Summary of HB 121 that is for

renovation historic Wheatly Hall Administration Building for repairs and the

removal of two additions needed to make the building conform to its original

configuration. The portion of the project ($300,000) that relates to pre-design

and design should proceed. Since the hall is a functioning administration

building, any repairs needed in the interim to keep the building functioning

should be funded from the Regents' additional MRR (Major Repair and

Rehabilitation) bonds added to HB 121.

STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA, GEORGIA 30334-0900

Sonny Perdue GOVERNOR

June 4, 2003

The Honorable Terry Coleman Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334

Dear Speaker Coleman:

I have vetoed House Bills 26, 56, 147, 290, 314, 424, 445, 497, 503, 544, 619, 638 and 673, which passed the General Assembly in the 2003 Regular Session.

Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reasons for such vetoes. These bills and corresponding reasons for the vetoes are attached.

Sincerely,

/s/ Sonny Perdue

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VETO NUMBER 1

House Bill 619 House Bill 619 would create a new hybrid form of group accident and sickness insurance known as "franchise group plan[s]" offered through "franchise associations." Although this legislation appears to establish a type of group health insurance plan, it does not. Regardless of association membership, applicants would be individually underwritten and the health insurer would be allowed to determine who would be eligible for coverage. These provisions create a perception that group health plan coverage may be available when it is not. Other States are taking action to limit the marketing of these association health plan policies. To protect consumers and ensure the stability of the small group market, I VETO House Bill 619.

VETO NUMBER 2

House Bill 26

In an effort to facilitate exploration, discovery, and recording of

archaeological artifacts and to provide some oversight by the State, House Bill 26 was

introduced to establish "zones" along the Chattahoochee and Flint Rivers; only in these

zones would "the collecting of isolated submerged finds of chipped tools or edged

weapons" be permissible by persons 16 years-old or older pursuant to a license issued by

the Department of Natural Resources for such purpose. In addition to required licensure,

this bill establishes barriers to collecting, by limiting these activities to zones established

by the Department of Natural Resources at locations where river access may be obtained

through State owned or controlled real property adjoining the river and by setting annual

periods during which collecting in such zones may occur. It is not clear that this bill

adequately addresses the needs of those that support regulation or those being regulated.

The Department of Natural Resources estimates that the required surveying of the rivers would cost approximately $170,000 for the Flint River and $420,000 for the Chattahoochee River. These costs would be in addition to the first year start-up and operating costs of $325,000 and an annual on-going cost of $180,000. Given the enormous fiscal pressures currently facing the State, I VETO House Bill 26.

VETO NUMBER 3

House Bill 56

House Bill 56 would change the attachment of the State Medical

Education Board and the Georgia Board for Physician Workforce from the Department of

Community Health to the Board of Regents. In addition to moving the boards'

administrative attachments, it expands the authority of the boards and designates them as

"independent agencies," divorcing them entirely from the Department of Community

Health. Because of the importance of the budgetary oversight function the Department of

Community Health currently exercises over these boards, I VETO House Bill 56.

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VETO NUMBER 4
House Bill 147 House Bill 147 would allow the Board of Community Health to include the employees and retiring employees of agricultural commodity commissions in State health insurance plans. A version of this legislation was introduced in the 2002 session (House Bill 1494). As my predecessor noted in vetoing that bill, the inclusion of such groups would change the plans' risk pool in unpredictable ways and may put the State's exemption from the Employee Retirement Income Security Act of 1974 (ERISA) at risk. 2002 Ga. Laws CDXXXIII. To continue to protect against both these risks, I VETO House Bill 147.
VETO NUMBER 5
House Bill 290 Section 2 of House Bill 290 would exempt from the two percent cap on local option sales taxes "any specific excise taxes on prepared food and beverages." The effect of this change to the sales tax law is unclear. It could allow some local governmental entities to raise the percentage at which the sales of prepared food and beverages are taxed without a voter referendum-in some cases to a total sales tax rate of nine percent or greater. Therefore, I VETO House Bill 290.
VETO NUMBER 6
House Bill 314 This bill would allow the State general fund to capture interest earned on the Georgia Greenspace Trust Fund. Interest earned on monies appropriated or otherwise provided for greenspace should remain in the fund for its intended use. Therefore, I VETO House Bill 314.
VETO NUMBER 7
House Bill 424 The original version of House Bill 424 allowed payroll deductions for State employees enrolled in the Georgia Higher Education Savings Plan. An amendment to this bill would allow "public employees of any critical access hospital authority or federally qualified health center" to join the State's deferred compensation plans.
The State's deferred compensation plans are subject to specific exemptions from federal tax rules. There is concern that adding these additional employees without a specific ruling from the Internal Revenue Service approving of their addition could jeopardize these exemptions. In order to ensure that the State's benefit plans do not run afoul of federal law, I will encourage the State Merit System of Personnel Administration to obtain rulings by the appropriate federal authorities to determine the permissibility of adding these employees to the plans in anticipation of similar legislation in the future. Without such rulings, however, the potential negative effects of this amendment render

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this bill impossible to sign. Therefore, I reluctantly VETO House Bill 424 and encourage the General Assembly to pass the payroll deduction portion of this bill next year as a stand-alone measure, and the remaining portions if it is conclusively determined that they will not jeopardize the State's benefit plans under federal law.
VETO NUMBER 8
House Bill 497 House Bill 497 would create the East Central Georgia Railroad Excursion Authority, a new authority with the power to borrow, lend, tax, contract, bond, and receive state appropriations. Given the current fiscal challenges facing this state, I VETO House Bill 497.
VETO NUMBER 9
House Bill 503 House Bill 503 would exempt residents of Glynn County from paying the toll on the F.J. Torras Causeway leading from U.S. 17 to Saint Simons Island, Georgia. As Chairman of the State Road and Tollway Authority, I am announcing that the Authority will eliminate altogether the toll on this causeway by year's end. Currently, funds from the toll total $8.3 million, with total debt on the project of only $1.7 million. The 1980 agreement between the Georgia Department of Transportation and the Federal Highway Administration initially setting up the toll provided that "[n]o toll shall be charged for the use of the Torras Causeway after the Department has been repaid for its share of the construction costs. After the date of the final repayment [of debt on the causeway], the Torras causeway shall be maintained or operated as toll free facility." By ending the toll this year, the State will honor this agreement. Based on this announcement, I VETO House Bill 503.
VETO NUMBER 10
House Bill 544 House Bill 544 provides for governmental entities to enter into hedge contracts in connection with the issuance of revenue bonds. The State's Deputy Chief Financial Officer has expressed concerns that this bill does not provide adequate safeguards against the risks inherent in derivative financing. Therefore, I VETO House Bill 544 and encourage the General Assembly to revisit this issue with an improved bill that appropriately balances the rewards of hedge contracts with their risks.
VETO NUMBER 11
House Bill 638 House Bill 638 would allow "public employees of any critical access hospital authority or federally qualified health center" to join the State's deferred compensation plans. It further allows the addition of employees of "federally qualified health center[s]" to the state health benefit plan. The inclusion of such groups would change the plan's risk pool in unpredictable ways. In addition, the State Merit System of

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Personnel Administration has raised the concern that absent favorable determinations by the appropriate federal regulatory agencies on the effect of adding such employees to the plans, their addition could jeopardize the plans' exemptions from certain federal tax rules and the Employee Retirement Income Security Act of 1974 (ERISA). In order to ensure that the State's benefit plans do not run afoul of federal law, I will encourage the State Merit System of Personnel Administration to obtain rulings by the appropriate federal authorities to determine the permissibility of adding these employees to the plans in anticipation of similar legislation in the future. Out of deference to the Merit System's current concerns, however, I VETO House Bill 638.

VETO NUMBER 12

House Bill 445 House Bill 445 would change the number of magistrates authorized for the Magistrate Court of Fulton County. The Chief Judge of the State Court of Fulton County has requested that I veto this bill. Therefore, I VETO House Bill 445.

VETO NUMBER 13

House Bill 673 House Bill 673 would create the City of LaGrange Gas Authority. I have already signed Senate Bill 158, which also creates the City of LaGrange Gas Authority; therefore, I VETO House Bill 673.

STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA, GEORGIA 30334-0900

Sonny Perdue GOVERNOR

June 4, 2003

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

The Honorable Eric Johnson President Pro Tempore 321 State Capitol Atlanta, Georgia 30334

Dear Lieutenant Governor Taylor and Sen. Johnson:

I have vetoed Senate Bills 81, 88, 178, 187, 202, 206, 221 and 265, which passed the General Assembly in the 2003 Regular Session.

Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reasons for such vetoes. These bills and corresponding reasons for the vetoes are attached.

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Sincerely,
/s/ Sonny Perdue
VETO NUMBER 14
Senate Bill 81 Senate Bill 81 would create the "Georgia Emergency Medical Services Medical Directors Advisory Council." A similar, informal committee has been meeting under the auspices of the Department of Human Resources for some time, and this legislation seeks to codify the committee. No case has been made that the informal committee is in need of codification. Therefore, I VETO Senate Bill 81.
VETO NUMBER 15
Senate Bill 88 Senate Bill 88 would change the Georgia Sports Hall of Fame Authority from an authority to a division of the Department of Community Affairs (DCA).
This bill also changes the DCA Board composition. By adding two new memberschairpersons of the sports and music advisory committees-the bill makes a significant change to an important statewide board. As members of the DCA board, chairpersons of the advisory committees would need to be knowledgeable not only about sports or music, but also about the wide range of other issues before the board. Additionally, there are several other entities or organizations similar to the halls of fame in their relationship with DCA, but which would not have membership on the DCA board. These prescriptive appointments on the DCA Board are unprecedented. Therefore, I VETO Senate Bill 88.
VETO NUMBER 16
Senate Bill 178 Senate Bill 178 would provide a ten percent increase annually in state salary for school counselors and school social workers for each year in which such a professional holds national certification. Our school counselors and school social workers perform very valuable services under tough circumstances. In the future, the Department of Education will need to review the research-supported effects of national certification to determine whether such certification improves employee performance and advances student achievement. In the current budget environment and in the fiscal landscape for the near future, however, I cannot commit the State to this new expenditure; therefore, I VETO Senate Bill 178.
VETO NUMBER 17
Senate Bill 187 Senate Bill 187 would create a State-level training program for

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airport managers. Currently, a national certification program for airport managers already exists. This legislation would create a duplicative program at a projected cost of over $250,000. I, therefore, VETO Senate Bill 187.

VETO NUMBER 18
Senate Bill 221 Section 3 of Senate Bill 221 restricts the use of excess tollway dollars specifically to "any project physically or operationally connected with and bearing the same state highway system route number as [the] toll project." Under this provision the State Road and Tollway Authority (SRTA) could be precluded from using funds for connecting intersection improvements and other operationally related mobility-enhancing projects within the tollway corridor.
This legislation is a result of the attempted diversion of State Route 400 toll dollars to projects that have no impact or relevance to State Route 400. The State Route 400 corridor is one of our State's most important economic centers, and with pressing transportation needs in this area, we need the flexibility to fund improvements on State Route 400 itself, its connecting roads and other improvements that provide mobilityenhancing benefits to State Route 400. This bill, although well intended, could limit road improvements that are beneficial to State Route 400 commuters. I remain strongly committed to ensuring that State Route 400 toll dollars are used expressly for improvements within this corridor.
Today I am issuing an Order, as Chairman of the SRTA, directing SRTA to prepare immediately operating rules and regulations that will require that all toll dollars collected from the State Route 400 project remain within the corridor in which they are collected. These new rules and regulations will be for adoption at the next meeting of the Authority. This Order protects State Route 400 toll dollars while providing the flexibility Georgia needs to meet the specific transportation needs within the 400 corridor. Therefore, I hereby VETO Senate Bill 221.

VETO NUMBER 19
Senate Bill 265 Senate Bill 265 would create a state registry of automated external defibrillators and allow the Emergency Health Section of the Division of Public Health of the Department of Human Resources to promulgate rules and regulations for their placement and registry. Defibrillators are registered and tracked by local 911 systems. As a result, additional regulatory requirements are duplicative, therefore I VETO Senate Bill 265.

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VETO NUMBER 20
Senate Bill 202 Senate Bill 202 would create the Cartersville Building Authority. I have already signed House Bill 694, which also creates the Cartersville Building Authority; therefore, I VETO Senate Bill 202.

VETO NUMBER 21

Senate Bill 206 Senate Bill 206 would create a board of elections and registration for Butts County. The Butts County Board of Commissioners has requested that I veto this bill. Therefore, I VETO Senate Bill 206.

The following communications were received by the Secretary:

The State Senate Atlanta, Georgia 30334

June 1, 2003

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

Dear Mr. Eldridge:

This letter is to inform you that due to my run for Congress, effective June 15, 2003, I will resign my position as Senate Majority Leader. This has been a great opportunity and one in which I shall not soon forget.

Sincerely,

/s/ Thomas E. Price State Senator District 56

The State Senate Atlanta, Georgia 30334

June 16, 2003

Frank Eldridge Secretary of the Senate

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353 State Capitol Atlanta, Georgia 30334
Mr. Secretary:
The purpose of this letter is to inform you of my resignation from the position of Senate Administrative Floor Leader. My resignation shall be effective immediately.
Thank you for your help with this matter.
Sincerely,
/s/ Bill Stephens
The State Senate Atlanta, Georgia 30334
June 30, 2003
The Honorable Frank Eldridge, Jr. Secretary of the Senate State of Georgia 353 State Capitol Atlanta, GA 30334
Dear Mr. Eldridge:
On June 17, 2003, the Georgia State Senate Republican Caucus recognized the exemplary leadership of Senator Bill Stephens, 51st district, by electing him the new leader of the Majority Caucus for the State Senate. Senator Stephens was voted the most qualified and suitable representative to succeed the former Majority Leader, Senator Tom Price. The Georgia State Senate Republican Caucus feels confident that Senator Stephens will efficiently fulfill his duties as the Majority Leader in the forthcoming term.
If you have any questions regarding this event, please do not hesitate to give me a call.
Sincerely,
/s/ Don Balfour State Senate District 9 Senate Rules Chairman

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The State Senate Atlanta, Georgia 30334

Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, GA 30334

August 26, 2003

Dear Frank,

The Committee on Assignments has appointed Senator Tom Price as chairman of the Reapportionment Committee for the 2004 legislative session. As the Governor's new Administrative Floor Leader, Senator Dan Lee will relinquish his chairmanship. In turn, he will be appointed secretary of the Reapportionment Committee, which was Senator Price's position during the 2003 legislative session.

If you have any questions, please feel free to call me or my chief of staff, Amanda Seals, at 404.656.5109.

Sincerely,

/s/ Eric Johnson Senate President Pro Tempore

The State Senate Atlanta, Georgia 30334

Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, GA 30334

August 26, 2003

Dear Frank,

The Committee on Assignments has appointed Senator John Bulloch as an ex-officio member of the Senate Appropriations Committee for the 2004 legislative session.

If you have any questions, please feel free to call me or my chief of staff, Amanda Seals, at 404.656.5109.

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Sincerely,
/s/ Eric Johnson Senate President Pro Tempore

The State Senate Atlanta, Georgia 30334
December 31, 2003
The Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, GA 30334
Dear Frank,
The Committee on Assignments has appointed Senator Renee Unterman as an ex-officio member of the Senate Rules Committee for the 2004 legislative session. She will also serve as Decorum Chair for the Senate.
If you have any questions, please feel free to call me or my chief of staff, Amanda Seals, at 404.656.5109.
Sincerely,
/s/ Eric Johnson Senate President Pro Tempore

The State Senate Atlanta, Georgia 30334
December 31, 2003
The Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, GA 30334
Dear Frank,

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The Committee on Assignments has appointed Senator Bill Stephens as an ex-officio member of the Senate Appropriations Committee for the 2004 legislative session.
If you have any questions, please feel free to call me or my chief of staff, Amanda Seals, at 404.656.5109.
Sincerely,
/s/ Eric Johnson Senate President Pro Tempore
The following communication was received by the Secretary:
Monday, January 12, 2004
I am present today.
/s/ Tim Golden 8th District
The following messages were received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following Resolution of the Senate:
SR 567. By Senators Johnson of the 1st, Stephens of the 51st and Balfour of the 9th:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
The Speaker has appointed as a Committee of escort on the part of the House the following members:
Representatives Amerson of the 9th, Ashe of the 42nd, Post 2, Burkhalter of the 36th, Burmeister of the 96th, Mobley of the 58th, Sholar of the 141st, Post 1, and Walker of the 115th.

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Mr. President:
The House has adopted by the requisite constitutional majority the following Resolutions of the House and Senate:

HR 942.

By Representatives Coleman of the 118th, Richardson of the 26th, Skipper of the 116th, Keen of the 146th and Westmoreland of the 86th:

A RESOLUTION providing for a joint session of the Senate and the House of Representatives for the purpose of an address by the President of the United States; and for other purposes.

SR 566. By Senators Johnson of the 1st, Stephens of the 51st and Balfour of the 9th:

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 Keen of the 146th, O`Neal of the 117th, Orrock of the 51st, Porter of the 119th, Richardson of the 26th, Skipper of the 116th, and Smyre of the 111th.

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

Senator Stephens of the 51st moved that the Senate adjourn until 10:00 a.m. Tuesday, January 13, 2004.

The motion prevailed, and the President announced the Senate adjourned at 11:02 a.m.

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Senate Chamber, Atlanta, Georgia Tuesday, January 13, 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 Williams of the 19th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The President introduced The Honorable Mayor Shirley Franklin of the City of Atlanta. Mayor Franklin addressed the Senate briefly.

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

SB 394. By Senators Johnson of the 1st, Stephens of the 51st, Williams of the 19th and Balfour of the 9th:
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 authorize the reading or posting of certain writings, documents, and records without content based censorship thereof; to provide for notice to local school superintendents; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.

SB 396. By Senators Cheeks of the 23rd, Jackson of the 50th, Meyer von Bremen of the 12th, Lee of the 29th, Hall of the 22nd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign finance and disclosure under the "Ethics in Government Act," so as to provide that electronic filing of disclosure reports shall be permitted but not required; to provide for the verification of disclosure reports filed electronically; to provide

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for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.
SB 398. By Senator Seabaugh of the 28th:
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 change the definition of motorized cart; to exempt persons from drivers license requirements when operating motorized carts under certain circumstances; to change certain provisions relating to authority of local bodies regarding motorized carts and crossing of streets under jurisdiction of the Department of Transportation; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SB 399. By Senator Butler of the 55th:
A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that any voluntary agency that assists with the resettlement of refugees must make certain reports to the county and municipality in which such agency is located; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 400. By Senators Lee of the 29th, Shafer of the 48th and Smith of the 52nd:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for an exemption from civil liability with respect to broadcasters who are engaged in Levis Call: Georgias Amber Alert Program; to provide for definitions; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 401. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 26 of the

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Official Code of Georgia Annotated, relating to milk and milk products, so as to change certain provisions relating to standards and requirements generally; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
SB 402. By Senators Seabaugh of the 28th, Balfour of the 9th, Cagle of the 49th, Stephens of the 51st, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to proceedings before a special master, so as to provide for inverse condemnation proceedings before a special master; to change certain provisions regarding definitions; to provide for procedures, conditions, and limitations; to provide for damages; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 403. By Senators Cheeks of the 23rd, Brush of the 24th and Hall of the 22nd:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Self-service Storage Facility Act," so as to change a certain definition; to provide that the owner of a selfservice storage facility shall not be a bailee; to provide for presumed delivery of notice; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 404. By Senators Cheeks of the 23rd and Hall of the 22nd:
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 abandoned motor vehicles and towing, storage, and disposal of motor vehicles, so as to specify the conditions under which a person removing or storing a motor vehicle shall have a lien upon such vehicle; to provide that any such lien may also cover the cost of certain fuel recovery or cleanup activities; to provide for procedural matters; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.

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SB 405. By Senators Cheeks of the 23rd and Stephens of the 51st:
A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for financial institutions to offer financial services to customers consistent with procedures of the Department of Banking and Finance; to authorize the department to enter into agreements with other regulatory authorities; to authorize loan officers to serve as credit committees; to prohibit licensing of certain persons convicted of certain crimes; to increase the record-keeping time requirement; to change a certain definition; to require financial institutions and money service businesses to comply with federal law; to establish requirements for regulation for mortgage lenders and brokers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Banking and Financial Institutions Committee.
SB 407. By Senators Johnson of the 1st, Kemp of the 46th, Hall of the 22nd and Collins of the 6th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to licensing and registration of motor vehicles in general, so as to provide for the issuance of special historic preservation license plates to promote and financially provide for historic preservation efforts in Georgia; to provide for the design of such plates; to provide for the issuance and revalidation of such plates upon application and the payment of certain fees; to provide for the disposition of such fees and the intent of the General Assembly with respect to appropriations; to provide for the use of appropriated funds and reports with respect to such use; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 408. By Senators Brush of the 24th, Cheeks of the 23rd and Hall of the 22nd:
A BILL to be entitled an Act to amend Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to state tort claims, so as to provide that a physician volunteering with a state, county, or municipal law enforcement agency shall be considered a state officer or employee and shall be immune from lawsuit or liability for official actions; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

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SB 409. By Senator Tanksley of the 32nd:
A BILL to be entitled an Act to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide for conditions under which no judgment shall be rendered in an appearance bond; to provide for no judgment or a reduced judgment resulting from a principals failure to appear when notice to the surety has not been served within certain time limits; to provide for credits or vouchers for bonding companies under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 410. By Senator Tanksley of the 32nd:
A BILL to be entitled an Act to amend Code Section 17-6-72 of the Official Code of Georgia Annotated, relating to conditions not warranting forfeiture of bond for failure to appear and remission of forfeiture, so as to provide for credits or vouchers for bonding companies under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 411. By Senator Tanksley of the 32nd:
A BILL to be entitled an Act to amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to the operation of the notice of appeal acting as supersedeas bond in civil cases, the requirements of the supersedeas bond including the amount, the procedure where there is an insufficient filing, and the suretys liability as to the bond, so as to change certain provisions relating to the type of security allowed for supersedeas; to provide for global supersedeas for all appeals; to provide for a maximum allowable bond or security for supersedeas; to amend Code Section 9-12-134 of the O.C.G.A., relating to appeal or stay of a foreign judgment, so as to correct a crossreference; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 412. By Senators Brush of the 24th and Cheeks of the 23rd:
A BILL to be entitled an Act to amend Code Section 15-12-165 of the Official Code of Georgia Annotated, relating to the number of peremptory jury

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challenges, so as to provide that in noncapital felony cases the prosecution and defense shall have an equal number of peremptory jury strikes; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 413. By Senators Brush of the 24th and Cheeks of the 23rd:
A BILL to be entitled an Act to amend Code Section 24-9-20 of the Official Code of Georgia Annotated, relating to the testimony of a criminal defendant, so as to provide that evidence of a defendants general bad character or prior convictions shall be admissible even if the defendant has not first put his character in issue; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 414. By Senators Brush of the 24th and Cheeks of the 23rd:
A BILL to be entitled an Act to amend Code Section 17-8-71 to the Official Code of Georgia Annotated, relating to the order of argument after evidence is introduced in a criminal trial, so as to provide that the prosecuting attorney shall always conclude the argument to the jury; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SR 561. By Senators Stephens of the 51st, Balfour of the 9th and Mullis of the 53rd:
A RESOLUTION creating the Zell Bryan Miller Tribute Commission; authorizing the placement of a statue on the grounds of the State Capitol Building; and for other purposes.
Referred to the Rules Committee.

SR 563. By Senators Johnson of the 1st, Mullis of the 53rd, Williams of the 19th and Stephens of the 51st:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the people have the right to hunt, fish, and harvest game, subject only to

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reasonable restrictions as the General Assembly may prescribe by general law; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SR 569. By Senators Seabaugh of the 28th, Lee of the 29th and Hamrick of the 30th:
A RESOLUTION designating the Alan Jackson Highway; and for other purposes.
Referred to the Transportation Committee.
The following House legislation was read the first time and referred to committee:
HB 20. By Representative Bridges of the 7th:
A BILL to amend Code Section 15-21-112 of the Official Code of Georgia Annotated, relating to additional penalty for violation of Code Section 40-6391, so as to increase said penalty; to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to change certain provisions relating to persons eligible for awards; and for other purposes.
Referred to the Special Judiciary Committee.
HB 322. By Representatives Moraitakis of the 42nd, Post 4, Campbell of the 39th, Ralston of the 6th, Stokes of the 72nd and Oliver of the 56th, Post 2:
A BILL to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to change certain provisions relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal; to change certain provisions relating to cases requiring an application for appeal, procedure, and jurisdiction; to change certain provisions relating to cases requiring an application for appeal; to amend Code Section 9-11-56 of the Official Code of Georgia Annotated, relating to summary judgment, so as to conform it to the changes made in Title 5; and for other purposes.
Referred to the Judiciary Committee.

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HB 326. By Representatives Buckner of the 109th, Greene of the 134th, Oliver of the 56th, Post 2, Floyd of the 132nd, Purcell of the 122nd and others:
A BILL to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to state officers and employees, so as to provide for liability coverage for nonprofit hospitals with emergency rooms for damages arising out of the provision of authorized services; to provide for the terms and conditions under which such nonprofit hospitals shall be covered by any liability insurance policy administered by the commissioner of administrative services; and for other purposes.
Referred to the Health and Human Services Committee.
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.
Referred to the Finance Committee.
HB 495. By Representatives Greene-Johnson of the 60th, Post 3, Watson of the 60th, Post 2, Mitchell of the 61st, Post 3, Williams of the 61st, Post 2, Noel of the 44th and others:
A BILL to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide that all real property previously used as an industrial or chemical or landfill site shall be tested for hazardous contamination prior to the construction of any public or private school, recreational facility, or residential community development on such site; to condition the issuance of a construction permit on such testing; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
HB 689. By Representatives Epps of the 90th and Brown of the 89th:
A BILL to amend Code Section 36-82-61 of the Official Code of Georgia

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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; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

HB 778. By Representatives Maddox of the 59th, Post 2, Ashe of the 42nd, Post 2, Watson of the 60th, Post 2 and Williams of the 61st, Post 2:
A BILL 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; and for other purposes.
Referred to the Transportation Committee.

HB 865. By Representatives Hill of the 16th and McBee of the 74th:
A BILL to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Funk Heritage/Bennett Center at Reinhardt College as Georgia's official Frontier and Southeastern Indian Interpretive Center; and for other purposes.
Referred to the Economic Development and Tourism Committee.

HB 866. By Representatives Sinkfield of the 50th, Manning of the 32nd, Dooley of the 33rd, Post 3, Anderson of the 100th and Thomas of the 33rd, Post 2:
A BILL to amend Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to county and district departments, boards, and directors of family and children services, so as to provide for the appointment of a county director to serve in more than one county; to provide for the appointment of an acting county director; to provide for such employees as may be necessary to provide services in multiple counties; and for other purposes.
Referred to the Children and Youth Committee.

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HB 903. By Representative Smyre of the 111th:

A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of public disclosure, so as to exempt disclosure of certain personal information; and for other purposes.

Referred to the Ethics Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SR 560 Do Pass

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

Mr. President:

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

HB 932 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

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

Seay Smith,F Smith,P Squires Starr Stephens Stokes Tanksley Tate Thomas,D Thomas,N

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Dean Gillis Golden Hall Hamrick Harbison Harp

Me V Bremen Moody Mullis Price Reed Seabaugh

Thomas,R Thompson Tolleson Unterman Williams Zamarripa

Those not answering were Senators:

Clay

Crotts

Fort

Shafer

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

Senators:

Fort

Shafer

The members pledged allegiance to the flag.

Senator Johnson of the 1st introduced the chaplain of the day, Pastor Benny Tate of Milner, Georgia, who offered scripture reading and prayer.

Senators Dean of the 31st and Hamrick of the 30th introduced the following members of the Carroll County Chamber of Commerce: Robert Barr, Chairman of the Carroll County Commission; Bill Hodge, Carroll County Extension Agent; Slater Barr, President of Carroll Tomorrow; Daniel Jackson, Member of Carroll Tomorrow and Wayne Garner, Mayor of the City of Carrollton.
Senator Tanksley of the 32nd introduced the doctor of the day, Dr. Alan Plummer.
Senator Stokes of the 43rd introduced the heroic students and faculty member from Heritage High School, commended for their bravery in apprehending a knife-wielding assailant who attacked Heritage High School teacher Debbie Shultz. The members of the Senate honored the following students and faculty with a standing ovation: Andy Anderson, John Bailey, Jr., Matt Battaglia, Austin Hutchinson, Nimesh Patel, Scott Wigington, Marine Jr. ROTC Instructor Captain Ray Girardin, Heritage High School Principal Greg Fowler, Rockdale County Sheriff Jeff Wigington, and Rockdale County School Superintendent Ruel Parker. Superintendent Parker addressed the Senate briefly.

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The following resolutions were read and adopted:
SR 562. By Senators Meyer von Bremen of the 12th and Hooks of the 14th:
A RESOLUTION commending Dr. and Mrs. Charles M. Ward; and for other purposes
SR 568. By Senator Brush of the 24th:
A RESOLUTION recognizing and commending Matthew William Lynn on becoming an Eagle Scout; and for other purposes.
SR 570. By Senator Seabaugh of the 28th:
A RESOLUTION commending Lettie "Boots" Ashworth and expressing gratitude for 45 years of service as a public school teacher; and for other purposes.
SR 571. By Senator Cheeks of the 23rd:
A RESOLUTION commending Lamar Advertising; and for other purposes.
SR 572. By Senators Johnson of the 1st and Kemp of the 3rd:
A RESOLUTION recognizing and honoring U.S. Army Specialist Christopher J. Holland, killed in action during the course of Operation Iraqi Freedom; and for other purposes.
SR 573. By Senator Shafer of the 48th:
A RESOLUTION expressing regret at the passing of James L. Bentley, Jr.; and for other purposes.
HR 942. By Representatives Coleman of the 118th, Richardson of the 26th, Skipper of the 116th, Keen of the 146th and Westmoreland of the 86th:
A RESOLUTION providing for a joint session of the Senate and the House of Representatives for the purpose of an address by the President of the United States; and for other purposes.

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The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR

Tuesday, January 13, 2004 Second Legislative Day

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

HB 932

Moody of the 27th Unterman of the 45th Shafer of the 48th Cagle of the 49th FORSYTH COUNTY

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.

Pursuant to Senate Rule 113, Senator Shafer of the 48th filed the following objection:

As provided in Senate Rule 113, we, the undersigned Senators, hereby file an objection to HB 932, which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar.

/s/ Shafer of the 48th /s/ Brush of the 24th /s/ Mullis of the 53rd Date: January 13, 2004

Pursuant to Senate Rule 113, HB 932 was placed on the Senate Local Contested Calendar for today.

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

Tuesday, January 13, 2004 Second Legislative Day

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63

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

HB 932

Moody of the 27th Unterman of the 45th Shafer of the 48th Cagle of the 49th

FORSYTH COUNTY

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.

Senator Shafer of the 48th asked unanimous consent that HB 932 be committed to the State and Local Governmental Operations Committee.

The consent was granted and HB 932 was committed to the State and Local Governmental Operations Committee.

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334
January 13, 2004
The Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, GA 30334
Dear Frank:
On Tuesday, January 13, 2004, I was unable to attend the Senate Session due to illness. I asked my suite mate, Senator Seth Harp to have me excused. Due to circumstances, he was unable to accomplish this at the time of roll call. Senator Harp did inform the Secretary of this at the close of the day. Please enter into the journal that I was unable to attend on January 13, 2004, due to illness.

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Thank you for your attention to this matter.
Sincerely,
/s/ Mike Crotts State Senator District 17
Senator Stephens of the 51st moved that the Senate adjourn until 10:00 a.m. Wednesday, January 14, 2004.
The motion prevailed, and the President announced the Senate adjourned at 11:29 a.m.

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Senate Chamber, Atlanta, Georgia Wednesday, January 14, 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 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 395. By Senators Tolleson of the 18th, Hamrick of the 30th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 10-13-3 of the Official Code of Georgia Annotated, relating to deposits into escrow accounts under the Master Settlement Agreement with tobacco product manufacturers, so as to change a provision relating to release of funds from escrow for tobacco product manufacturers who are not participating manufacturers under the Master Settlement Agreement; to provide for severability; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development and Tourism Committee.

SB 415. By Senators Price of the 56th and Cagle of the 49th:
A BILL to be entitled an Act to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to provide for regulation of the transfer of tax executions; to provide for definitions; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

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SB 416. By Senators Unterman of the 45th, Johnson of the 1st, Stephens of the 51st and Lee of the 29th:
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 provide a definition; to require that the county coroner must be informed of the deaths of persons who received compensated care services within the 30 day period immediately preceding death; to provide that the coroner shall make reasonable inquiries into such deaths; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 417. By Senators Unterman of the 45th, Stephens of the 51st, Balfour of the 9th and Thomas of the 54th:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require that at least one registered nurse shall be in charge of all nursing activities during each eight-hour shift in nursing homes; to provide that there shall be sufficient nursing staff on duty at all times to provide care for nursing home patients; to provide for certain minimum staffing; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 418. By Senators Unterman of the 45th, Collins of the 6th, Johnson of the 1st, Balfour of the 9th, Lee of the 29th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for the crime of female genital mutilation; to provide for penalties; to provide for exceptions; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 419. By Senators Unterman of the 45th, Johnson of the 1st, Stephens of the 51st, Balfour of the 9th and Lee of the 29th:
A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution, so as to provide

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that persons convicted of crimes involving physical or emotional injury to their victims shall pay the medical costs of their victims including psychological counseling; to provide for hearings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 420. By Senators Unterman of the 45th, Johnson of the 1st, Stephens of the 51st, Balfour of the 9th and Thomas of the 54th:
A BILL to be entitled an Act to amend Code Section 30-5-8 of the O.C.G.A., relating to criminal offenses and penalties with regard to abuse, neglect, and exploitation of disabled adults or elder persons, so as to change certain penalties; to amend Chapter 8 of Title 31 of the O.C.G.A., relating to care and protection of indigent and elderly patients, so as to provide that it is illegal to discriminate or retaliate against employees of long-term care facilities who make complaints or provide information on abuse in long-term care facilities; to provide penalties for discrimination or retaliation against patients, relatives and guardians of patients, and employees of long-term care facilities who make complaints or provide information on abuse in long-term care facilities; to require certain reports of abuse to be made; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 421. By Senators Unterman of the 45th, Johnson of the 1st and Moody of the 27th:
A BILL to be entitled an Act to amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, relating to municipal training, so as to eliminate the board of the Harold F. Holtz Municipal Training Institute; to clarify the training of municipal clerks; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 422. By Senators Unterman of the 45th, Johnson of the 1st, Stephens of the 51st, Balfour of the 9th, Thomas of the 54th and others:
A BILL to be entitled an Act to define and provide for a new category of facilities to be designated as "assisted living facilities"; to amend Code Section 10-1-393 of the O.C.G.A., relating to unfair or deceptive practices, so as to change certain provisions; to amend Code Section 25-2-13 of the O.C.G.A., relating to buildings presenting special hazards to persons or property, so as to

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change the listing of buildings; to amend Title 31 of the O.C.G.A., relating to health, so as to change certain terms and definitions; to amend Code Section 37-4-21 of the O.C.G.A., relating to respite care for mentally retarded persons, so as to revise certain terms; to amend Code Section 48-13-9 of the O.C.G.A., relating to general provisions governing business and occupation taxes, so as to change a reference; to amend Code Section 49-4-142 of the O.C.G.A., relating to the Department of Community Health functions regarding medical assistance; and for other purposes.
Referred to the Health and Human Services Committee.

SB 423. By Senator Henson of the 41st:
A BILL to be entitled an Act to amend Code Section 12-3-193 of the Official Code of Georgia Annotated, relating to the members of the Stone Mountain Memorial Association, so as to provide that one member must be a resident of the Stone Mountain area and one member must have a degree or background in botany; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.

SB 424. By Senators Adelman of the 42nd, Hamrick of the 30th, Reed of the 35th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning the Attorney General, so as to provide that the Attorney General shall have, concurrent with the district attorneys of this state, the authority to prosecute under certain circumstances persons sentenced pursuant to Code Section 17-10-6.1 for crimes committed while in the custody of the Department of Corrections; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 425. By Senators Collins of the 6th, Cagle of the 49th, Price of the 56th, Tanksley of the 32nd and Levetan of the 40th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the allocation of funds for

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public roads, so as to change the provisions regarding the balancing of federal and state funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator Collins of the 6th gave notice that at the proper time she would ask that SB 425 be engrossed.

SR 574. By Senator Price of the 56th:
A RESOLUTION urging the United States Congress to pass and the President of the United States to sign the CLEAR Act; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SR 575. By Senators Cagle of the 49th, Moody of the 27th, Shafer of the 48th and Unterman of the 45th:
A RESOLUTION requesting the Department of Transportation to study the feasibility of implementing high-occupancy toll ("HOT") lanes; and for other purposes.
Referred to the Transportation Committee.

SR 578. By Senators Unterman of the 45th, Reed of the 35th, Johnson of the 1st, Stephens of the 51st, Balfour of the 9th and others:
A RESOLUTION to promote health education and physical activity in Georgia schools; and for other purposes.
Referred to the Education Committee.

SR 579. By Senators Kemp of the 46th, Gillis of the 20th, Johnson of the 1st and Kemp of the 3rd:
A RESOLUTION creating the Joint Water Conservation Study Committee; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

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The following committee report was read by the Secretary:

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 373

Do Pass by substitute Respectfully submitted, Senator Seabaugh of the 28th District, Chairman

The following legislation was read the second time:

SR 560

Senator Dean of the 31st asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

Senator Brown of the 26th asked unanimous consent that Senator Fort of the 39th be excused. The consent was granted, and Senator Fort was excused.

Senator Thomas of the 2nd asked unanimous consent that Senator Blitch of the 7th be excused. The consent was granted, and Senator Blitch was excused.

Senator Stephens of the 51st asked unanimous consent that Senator Bulloch of the 11th be excused. The consent was granted, and Senator Bulloch was excused.

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

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

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

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

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Golden Hall Hamrick Harbison Harp

Mullis Price Reed Seabaugh

Tolleson Unterman Williams Zamarripa

Those not answering were Senators:

Blitch (Excused) Starr (Excused)

Bulloch (Excused)

Fort (Excused)

The members pledged allegiance to the flag.

Senator Lee of the 29th introduced the chaplain of the day, Reverend Joe Watson of West Point, Georgia, who offered scripture reading and prayer.

Senator Smith of the 52nd introduced Reverend Todd Gaddis of LaFayette, Georgia. Reverend Gaddis addressed the Senate briefly.

The following resolutions were read and adopted:

SR 576. By Senators Shafer of the 48th, Unterman of the 45th, Henson of the 41st and Balfour of the 9th:

A RESOLUTION commending Steve Reynolds; and for other purposes.

SR 577. By Senator Blitch of the 7th:

A RESOLUTION recognizing and commending the Georgia Department of Corrections; and for other purposes.

The time having arrived for the motion to engross SB 425, no motion was offered, and the President referred SB 425 to the Transportation Committee.

Senator Reed of the 35th recognized City Councilwoman Frankie Arnold of Fairburn, Georgia.

Pursuant to SR 567, the President announced as a Committee of Escort 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 Harbison of the 15th.

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

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Senator Stephens of the 51st moved that upon the dissolution of the Joint Session the Senate stand adjourned until 10:00 a.m. and the President announced the motion prevailed at 10:55 a.m.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message by His Excellency, Governor Sonny Perdue, was called to order by the President of the Senate. SR 567 authorizing the Joint Session of the Senate and House was read by the Clerk of the House.
His Excellency, Governor Sonny Perdue, addressed the Joint Session of the Senate and the House of Representatives as follows:
Mr. President, Mr. Speaker, members of the General Assembly, and my fellow Georgians.
I come before you tonight to report on the state of our great state. And before I give you that report, I want you to know, I've done my field research for this assignment.
Last week I visited communities in every part of Georgia. From Rome to Savannah. Waycross to Watkinsville. Columbus to Crandall.
As I have done many times in the months since I last addressed you, I met with Georgians from all walks of life, including the courageous men and women in the U.S. military.
In all, I saw and spoke with thousands of Georgians. And you know what I found? If you ask Georgians what they want, they'll tell you.
Our nearly 9 million Georgians differ in our personal goals and dreams. But I've heard some common themes from those I've met over the past year.
Common themes that unite us, despite our differences.
Across all lines of race, religion, and economic status ... Georgians believe that our children are the most precious resource we have.
Young and old, urban and rural ... Georgians are united in our desire to protect our children. They are also united in wanting good jobs, a growing economy, and lasting prosperity.
And whether they are Democrat, Republican, Independent or other ...

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Georgians want an open and honest state government that is responsive to their needs and responsible with their money.
And they want a state government that lives within its means, just as they must do.
From my travels, I know this is the people's agenda for Georgia. We here must make it our agenda for Georgia.
I guarantee you it is my agenda for Georgia. I'm going to share with you tonight how I plan to carry out the people's wishes, with your help.
But getting back to my report ...
The strength of Georgia, we all know, is in its people.
We've had some tough times recently. And many of us are still enduring tough times.
But from my travels, Georgians remain as confident ... as energetic ... as resourceful ... and as optimistic as I've ever seen.
We have big challenges before us ... but I have no doubt that, together, we Georgians are more than a match for the challenges we face.
So I am proud to report to you all tonight that our foundation is solid and the state of our state is strong ... and getting stronger!
With that said, I have another important duty tonight. I am here to fulfill my obligation as Governor to recommend to the General Assembly a state budget for next year.
This evening, I'm submitting a budget that is responsible, balanced and principled.
It does not contain nor will I allow any new taxes.
In years past, the state budget would be a hefty document.
This year, to save time and trees, I will present each of you with one of these -- a CDRom containing every detail of my proposed budget.
The state budget is obviously more complex than the typical family budget.
But at its heart there is no difference between balancing the state budget and balancing the family checkbook.

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What I hold in my hand is Georgia's family budget, a budget based on priorities.
Now, the first thing families do when they balance their checkbook is figure out how much money they have.
That's what we've done. I have based next year's revenue estimate of $15.3 billion on a conservative projection of 4.72% growth in revenue. I believe this is a prudent and a responsible target.
You don't drive full speed toward a cliff hoping that someone will build a bridge before you get there.
I will not put Georgia in the business of recklessly spending money we don't have and may not get.
Here is the reality. When the auditors closed the books last year, our revenues were still below the level of when we closed them in 2000.
That's why I directed every state department to reduce their budget requests by 5% for the coming year, so we can live within our means.
Five percent may not sound like much, but in the Georgia family it adds up to $800 million.
Balancing our budget is even more challenging when you realize that as our resources have shrunk over the last few years, our needs as a state have grown.
As I already mentioned, Georgia is fast approaching a population of 9 million people, the 9th largest state in the nation.
In fact, we're gaining about 150,000 Georgians each year -- that's like adding a new Macon or a new Augusta or a new Savannah each year.
I don't know about you, but I'm proud that so many people want to come to our state. But it does put a strain on our resources.
Our growing population means more students filling our K-12 classrooms, technical colleges and university campuses.
It means increased demands on PeachCare and Medicaid. It means growth in the demand for driver's licenses, prison bed space, road maintenance and all other state services.
Friends, our family has gotten bigger, but our take home pay has stayed the same!

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Less revenue plus more demand for state services equals just what I said before -- hard choices.
There is a name for the kind of people who make hard choices. They are called "leaders."
And this year, on this budget, that is what each of us must be -- leaders who can make those hard choices. And the people are watching to see what we'll do.
Let's work together and make the right decisions to secure Georgia's future. Let's align our spending with our priorities and our priorities with our principles.
That is what I have tried to do in preparing this budget. This past summer, I directed every state agency to identify its core mission ... identify its customers ... put a price tag on every program it administers ... and rank those programs in priority order.
Prioritizing our programs will help us decide our budget the same way responsible families do. It's amazing to me that this had never been done before in the history of our state.
By identifying our priorities up front, we're able to focus spending on what we must have now, deferring what we can do without until better times.
This next point is directed at all the Georgia families struggling tonight to pay the bills and make ends meet.
I know you're doing all you can to put food on the table, clothes on your children's backs, and a roof over their heads.
I will not allow anyone to make your struggle harder by reaching deeper into your pocket with a tax increase.
If you have to live within your means, state government will too. We will not raise taxes to balance this budget.
Friends, please don't doubt my resolve on this. Let's play nice together.
Now let me discuss those priorities I mentioned, starting with taking care of our children.
As you know, Mary and I believe we have a moral obligation to protect and nurture Georgia's children.
As a husband, I've had an opportunity to see Mary care for our children and grandchildren. But I want to tell you how very proud I am of her and the way she has

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fulfilled the role of First Lady to improve the quality of life for all of Georgia's children.
None of this was in the job description when I asked her to marry me ... but she has used her visibility as First Lady to bring the public's attention to the needs of children.
Children are a priority in this Administration ... and children are the priority in this budget.
We have brought new leadership, new procedures and new technology to the Division of Family and Children Services.
I am very pleased with Dr. Janet Oliva's resolve in reorganizing and revitalizing this critical agency as its Director.
My budget sends 65 new caseworkers to local county offices, where they are needed the most, by cutting a layer of bureaucracy.
This reorganization will improve morale, begin to address our turnover rate, and address case loads at the same time.
My budget also includes almost $24 million to place children in appropriate "Levels of Care" based on their individual needs.
We are also preserving PeachCare, Georgia's health insurance program for children.
Health care costs are outstripping available resources in every state, including ours. To save this critical program for children who rely on it, we have made PeachCare more like the health care coverage most families rely on.
As we're all too aware, Georgia remains the only state without a child abuse felony law that has real teeth.
Ladies and gentlemen, we're going to change that this year, aren't we?
And we will protect children from kidnappers by improving Levi's Call, our system that alerts the public to be on the lookout for abducted children.
Just last week Levi's Call helped save three precious little girls in Gordon County from their abductor. We are all thankful for that.
My bill will also make it a crime to endanger a child by manufacturing destructive drugs in the presence of a child.

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Why is this so important?
Let me tell you about a little boy named Shelton Hicks. Shelton was only 11 months old when his parents were operating a meth lab in their home in Catoosa County.
An explosion left little Shelton with burns over 30 percent of his body. His injuries left him blind in both eyes. He suffered extensive damage to his right lung and to his limbs.
Four months later, after a long and painful struggle for life, Shelton died.
His story isn't an isolated incident. Many children have been injured, maimed or killed due to meth lab fires, fumes and explosions.
They are the youngest victims of this drug scourge. They need our help. They need our protection. They need this law.
Enacting child protection has enjoyed unprecedented bipartisan support and I look forward to working with all of you to get this done for ALL children this year!
I have another priority for children that deserves your bipartisan support -- the Faith and Family Services Amendment.
Faith based organizations provide critical services to children, seniors, battered women, the disabled, the homeless and other at-risk groups.
But our Georgia Constitution is out of step with the U.S. Constitution in this area. It discriminates against faith-based providers.
The First Amendment of the U.S. Constitution should be the standard for providing care in Georgia, not an outdated provision rooted in a dark period of religious bigotry.
The simple 12-word Faith and Family Services Amendment brings our Constitution in line with the U.S. Constitution. It will ensure that our citizens can have access to the best providers of social services.
I'm asking you to pass the Faith and Family Services Amendment and put it on the ballot this November so the people can decide if faith-based services will continue to be there for children and others who need our help.
As we care for Georgia's children, we must also secure their future by ensuring that they are well educated. We must ensure that "Georgia Learns."
In fact, GeorgiaLearns.com is the name of my education package. GeorgiaLearns.com

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will inspire and empower students, parents, teachers and all educators to meet higher standards of accountability and achievement.
Oh, you're wondering why It's "GeorgiaLearns.com." That's to constantly remind students and teachers and parents of the information and tools available at that website. It went live this morning - check it out. It's good and getting better.
We want to get our children on the fast track for learning at an early age. We want our kids to get a bright start.
So we'll refocus the current Office of School Readiness as "Bright from the Start, Georgia's Office of Early Care and Education."
The Bright from the Start office will ensure that every child enters kindergarten ready for school success. It will improve coordination among Georgia's several early childhood programs, including the pre-K program and Smart Start.
By eliminating duplication and bureaucracy, we'll ensure that more money goes directly to benefit children's early learning.
And by infusing early childcare centers with a greater culture of education we will get all of Georgia's children off to a bright start.
Along with active, engaged parents, one of the best things we can do for education is to attract and keep the best teachers in our classrooms.
To help do that, my budget includes a 2% pay raise for teachers. And for veteran teachers there will be an additional increase. In total, my plan will give a 5% pay increase to nearly 75% of teachers statewide.
I don't know if you've been in a classroom lately, but I think they deserve it!
But I want to give teachers more than just a bigger paycheck. I want to restore the respect that teachers deserve and need to create the best learning environment.
Georgia Learns.com will make it clear to disruptive students once and for all that teachers are in charge of the classroom.
Disruptive students will get the message that they must respect their teachers and their fellow students.
To help get that message across, we'll use one of the things they value the most -- their driver's license. Students need to know they can lose their driving privileges if they

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disrupt the learning process.
GeorgiaLearns.com promotes accountability by giving local schools and systems the flexibility they need to reach the high standards we expect. And as individual schools show improvement they will be granted even greater flexibility to continue their success.
The purpose of setting high standards of accountability is to inspire and empower, not to play "gotcha." So my plan replaces demoralizing letter grades with numerical scores for schools so that continuous improvement can be measured.
And because our poorer school districts face real challenges in educating their students, my budget will help them by providing $62 million in added relief to the poorest of our state's school districts.
Now! Let's talk about the HOPE scholarship. There has been a lot of hand-wringing about HOPE.
So let me make one thing clear, and I want you to hear me-
If you don't hear anything else I say tonight, hear this-
The HOPE scholarship isn't going anywhere. It will be there for your kids and your grandkids and beyond.
The bipartisan HOPE Study Commission brought forth some good recommendations to secure HOPE for the future. I applaud and support their work.
The HOPE scholarship is and always has been about rewarding academic scholarship. That is why the "O" and the "P" in HOPE stand for "outstanding pupils."
With that in mind, I have another idea that won't deny HOPE to one single B student, but will raise SAT scores. We should include an SAT component to HOPE eligibility.
Georgia must improve our SAT scores. I am not satisfied with 50th place and I am determined to get Georgia's SAT scores out of the basement, whatever it takes.
I believe that linking the SAT to HOPE will motivate students to take the test seriously and will lead to better preparation for college and higher SAT scores.
We will give an incentive to students who achieve on the SAT by extending their HOPE eligibility as a reward.

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GeorgiaLearns.com will inspire and empower greater student achievement and raise education standards across Georgia.
But there is something else we want to create across Georgia -- Jobs!
We're all encouraged by growing signs that an economic recovery is getting started. In fact, last year, Georgia was second in the nation in job creation.
But I know it doesn't feel that way in every part of the state.
Metro Atlanta gained more jobs last year than any other U.S. city. But I will not be satisfied until all of Georgia experiences job recovery and growth.
I want to get Georgians back to work. Georgia Works is my economic development program to invest in Georgia, create jobs and build a strong 21st century economy for our state.
We will accomplish these goals by helping our existing industries grow, by encouraging entrepreneurship, and by investing in the jobs of the future.
Our state may not have a lot of cash right now. But we do have an excellent credit rating. And interest rates are low.
So, just as many families are refinancing their homes so they can invest those savings elsewhere, now is an excellent time for us to invest in Georgia.
My budget includes a $1 billion dollar investment in the future of our state in the form of a bond package for transportation and other economic development investments.
We will support our existing industries, such as shipping, with $28 million for improvements to the Garden City port terminal in Savannah. And $14 million for deepening the Brunswick Harbor.
We will invest in our workforce with $176 million for school construction and improvements and $47 million for expansion, improvements and equipment for our technical colleges statewide.
And we will look over the horizon to make critical investments in the growth industries of the future that will create the jobs of the future.
Computers and information technology reshaped the 20th century economy. In the 21st century, the most dramatic changes will be in the life sciences and nanotechnology. And I want Georgia to be in the driver's seat.

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That means building the laboratories that will attract top researchers. Their breakthroughs will lead to new products, new companies, and high-paying new jobs.
The Georgia Works bond package includes $10 million for a state-of-the-art biological research building at the University of Georgia.
It provides $5 million for the Medical College of Georgia Research Initiative that will launch new medical research projects and attract more federal research dollars.
And we're putting $2 million toward a $45 million state commitment to construct a world class Nanotechnology Research Center at Georgia Tech.
Nanotechnology - the engineering and building of products at the atomic level - is projected to be a $1 trillion industry within twelve years. I want Georgia to be a world leader in creating this new industry.
But I also want to develop the untapped opportunities in a more down home Georgia industry - tourism.
With all of our natural, historic and recreational resources, we have great potential to attract many more visitors to our state, which will create new jobs in Georgia.
Now, for those of you who may be, even at this hour, stuck in your cars, forced to listen to me on your radios ...
I want you to know that part of Georgia Works is helping Georgians get to work ... and back home to your families ... by relieving traffic congestion.
I have asked our key transportation agencies to come together around a common table and form a common strategy to fight congestion.
I expect to announce in the coming weeks the details of a multi-year funding and construction strategy that actually relieves congestion and that promotes economic development across Georgia.
Georgia doesn't have time to be stuck in traffic anymore. It's time to get congestion relief going ... so we can get Georgia going!
There is one more economic issue I want to touch on, though it is more than that. Georgia has always been a patriotic state and we're always willing to do more than our share for the national defense.

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Georgia's 13 military installations contribute more than $25 billion and hundreds of thousands of jobs to our state's economy.
With a new round of base closure and realignment scheduled for 2005, we know our bases will be under the microscope.
Our base communities and our state are doing all we can to demonstrate our support for our troops and for the vital missions they perform.
We're doing all we can to let the best military fighting force in the world know they have a home here in Georgia.
Georgians know the price that freedom demands. We know the sacrifice our troops and their families make. They are all important members of our Georgia family.
Tonight, we're honored to have with us in the gallery one of those family members, a young soldier who has completed two deployments with the 3d Infantry Division based at Fort Stewart.
He served in one of the first units into Iraq in support of Operation Iraqi Freedom, where he was decorated for valor.
Please join me in thanking Sergeant Raul Belloc and all of our troops who are defending our freedom here and overseas.
Our freedom is what makes America great. It is the cornerstone of our entire way of life.
And because we are a free people, we have the right to demand and expect an open, honest government that puts the people's interests first.
That's what ethics reform is all about. Honesty in government and putting the people first.
Ladies and gentlemen, we're all for it and I think we all sense from our constituents and among ourselves that the time has come to enact strong ethics reform in Georgia.
Members of the General Assembly ... my friends ... I've listened to the people.
I asked, and they told me what they want. They've told me they'll be watching. And they've told me they'll be holding us accountable for our results.
We've got our assignments--

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Passing a responsible, balanced budget that meets the real human needs of Georgians and does not raise taxes.
Caring for children. Strengthening education. Demanding honesty in government.
Leading a statewide economic recovery and creating good jobs for our citizens. Jobs with a future.
Those are big assignments for a state that is growing bigger every day ... and assuming an ever larger role in the world.
There is a little spot of land in our state, just across the brackish water beside a narrow causeway, where the sun gleams low over lilies and marsh grass.
Shaded by live oaks draped with Spanish moss, this jewel of our golden coastline is Sea Island.
And there, just a few months from now, the leaders of the most powerful nations on earth will convene for the G8 Summit.
They'll experience our lively culture, our great food and our unbeatable Georgia hospitality.
And they will learn what we have always known. They'll learn that Georgians are enterprising, friendly people who are blessed to live in a wonderful corner of God's earth.
Ladies and gentlemen, we are doubly blessed. We are blessed to be Georgians.
And we are blessed that Georgians have trusted us to make the decisions that will determine the future our children will inherit.
I believe we will make the right decisions. And I believe we will secure Georgia's future.
Because there is one more thing I believe--
I believe Georgia's best days are still ahead.
God bless you all -- and God bless the great state of Georgia!

Senator Stephens of the 51st moved that the Joint Session be hereby dissolved.

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

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Senate Chamber, Atlanta, Georgia Thursday, January 15, 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 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 390. By Senators Clay of the 37th and Moody of the 27th:
A BILL to be entitled an Act to amend Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to powers of local governments as to air facilities, so as to create the Major Airport Operations Board; to provide for its membership, duties, powers, and responsibilities; to transfer certain authority pertaining to major airports from counties, municipalities, and other political subdivisions to such board; to provide a short title; to provide legislative findings and declarations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.

SB 393. By Senators Johnson of the 1st, Harp of the 16th, Cagle of the 49th and Tolleson of the 18th:
A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for certain time extensions with respect to ad valorem taxation for certain members of the armed forces of the United States; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

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SR 580. By Senator Cagle of the 49th:

A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes may also be imposed in whole or in part for maintenance and operation of public schools with an equivalent millage rate reduction; to change certain imposition requirements; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Finance Committee.

SR 581. By Senator Cagle of the 49th:

A RESOLUTION proposing an amendment to the Constitution so as to provide for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes; to provide for exceptions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Finance Committee.

The following committee report was read by the Secretary:

Mr. President:

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

SR 563

Do Pass by substitute Respectfully submitted, Senator Gillis of the 20th District, Chairman

The following legislation was read the second time:

HB 373

Senator Harp of the 16th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.

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

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

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

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

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

Not answering were Senators:

Cheeks Kemp, R (Excused)

Henson

Hooks (Excused)

The members pledged allegiance to the flag.

Senator Meyer von Bremen of the 12th introduced the chaplain of the day, Reverend Felton Lamar of Albany, Georgia, who offered scripture reading and prayer.

Senator Thomas of the 10th introduced Mayor Brenda Dennison of Offerman, Georgia. Mayor Dennison addressed the Senate briefly.

Senator Zamarripa of the 36th introduced the doctor of the day, Dr. Victor Camacho.

The following resolutions were read and adopted:

SR 582. By Senators Moody of the 27th, Price of the 56th, Stephens of the 51st and Johnson of the 1st:

A RESOLUTION commending Northview High Schools Titans golf team; and for other purposes.

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SR 583. By Senators Kemp of the 46th, Hudgens of the 47th, Johnson of the 1st and Balfour of the 9th:

A RESOLUTION honoring Vincent J. "Vince" Dooley for his leadership and many outstanding accomplishments; and for other purposes.

SR 584. By Senators Kemp of the 46th, Cagle of the 49th, Hudgens of the 47th and Johnson of the 1st:

A RESOLUTION recognizing and commending the University of Georgia's incoming athletic director Damon Evans; and for other purposes.

Senator Balfour of the 9th asked unanimous consent that the following bill be withdrawn from the Senate Health and Human Services Committee and committed to the Senate Insurance and Labor Committee:

HB 326. By Representatives Buckner of the 109th, Greene of the 134th, Oliver of the 56th, Post 2, Floyd of the 132nd, Purcell of the 122nd and others:

A BILL to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to state officers and employees, so as to provide for liability coverage for nonprofit hospitals with emergency rooms for damages arising out of the provision of authorized services; to provide for the terms and conditions under which such nonprofit hospitals shall be covered by any liability insurance policy administered by the commissioner of administrative services; and for other purposes.

The consent was granted, and HB 326 was committed to the Senate Insurance and Labor Committee.

SENATE CALENDAR THURSDAY, JANUARY 15, 2004
FOURTH LEGISLATIVE DAY

SR 560

CA: Public funding of social services; allow religious or sectarian orgs. (RULES-29th)

The following legislation was read the third time and put upon its passage: SR 560. By Senators Lee of the 29th, Smith of the 52nd and Shafer of the 48th:
A RESOLUTION

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Proposing an amendment to the Constitution, in a manner consistent with the United States Constitution, so as to prevent discrimination in the public funding of social services by allowing religious or sectarian organizations to receive public aid, directly or indirectly, for the provision of such services; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article I, Section II of the Constitution is amended by striking Paragraph VII in its entirety and inserting in lieu thereof a new Paragraph VII to read as follows:
"Paragraph VII. Separation of church and state. Except as permitted or required by the United States Constitution, as amended, no No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution."
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 in a manner consistent with the ( ) NO United States Constitution so as to prevent discrimination in the public
funding of social services by allowing religious or sectarian institutions to receive public aid, directly or indirectly, for the provision of such services?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Senator Squires of the 5th offered the following amendment #1:
Amend SR 560 by striking ", in a manner consistent with the United States Constitution, so as to prevent discrimination in the public funding of social services by allowing religious or sectarian organizations to receive public aid, directly or indirectly, for the provision of such services;" on lines 1 through 4 of page 1 and inserting in lieu thereof "so as to repeal the prohibition against religious and sectarian denominations and institutions receiving public aid;".
By striking lines 10 through 13 on page 1 and inserting in lieu thereof the following: "'Paragraph VII. Separation of church and state. No money shall ever be taken from

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the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution Reserved.'"

By striking lines 17 through 20 on page 1 and inserting in lieu thereof the following: "above proposed amendment shall have written or printed thereon the following:

'( ) YES ( ) NO

Shall the Constitution be amended so as to repeal the prohibition against religious and sectarian denominations and institutions receiving public aid?'

All persons desiring to vote in favor of ratifying the proposed amendment shall vote 'Yes.'"

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

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

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

On the adoption of the amendment, the yeas were 6, nays 47, and the Squires amendment #1 was lost.

Senators Meyer von Bremen of the 12th, Butler of the 55th, Tate of the 38th, Smith of the 25th, Thomas of the 2nd and Seay of the 34th offered the following amendment #2:

Amend SR 560 by inserting on line 4 of page 1, following the word and symbol

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"services;", the following: "to provide that no public money shall be used for sectarian worship, instruction, or proselytizing; to provide that no public money shall be used by an organization that practices certain types of discrimination;"

By striking line 13 of page 1 and inserting in lieu thereof the following: "or of any sectarian institution; provided, however, that no public money shall be used, directly or indirectly, for sectarian worship, instruction, or proselytizing, nor shall any such public money be used by or made available to any entity or a separate charitable affiliate of any entity which engages in unlawful discrimination, including, without limitation, discrimination based on race, color, national origin, gender, age, disability, religious creed, or political affiliations or that conditions the provision of services upon a recipients religious affiliation or practice or lack thereof.'"

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 N Golden N Hall N Hamrick

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

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

On the adoption of the amendment, the yeas were 22, nays 32, and the Meyer von Bremen, et al. amendment #2 was lost.

Senators Smith of the 25th, Tate of the 38th, Meyer von Bremen of the 12th, Thomas of the 2nd and Seay of the 34th offered the following amendment #3:

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Amend SR 560 by inserting on line 4 of page 1, following the word and symbol "services;", the words and symbol "to provide for exceptions;". By inserting on line 10 of page 1, immediately preceding the word "Except", the following:
"No public money shall be provided to a school affiliated with a church, sect, cult, religious denomination, or any sectarian institution for kindergarten through grade 12 education; provided, however, that nothing in this paragraph shall prohibit tax exemptions for such schools.". By inserting on line 19 of page 1, between the words "as" and "to", the following: "to prohibit the provision of public money to a school affiliated with a church, cult, or similar institution for education purposes;".

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

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

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

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

On the adoption of the amendment, the yeas were 22, nays 32, and the Smith of the 25th, et al. amendment #3 was lost.

Senators Adelman of the 42nd and Henson of the 41st offered the following amendment #4: Amend SR 560 by inserting at line 10 after "state." before "Except".

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"No public monies or property shall be appropriated or paid or any public credit utilized by the legislature or any other political subdivision or agency of the state directly or indirectly to aid or maintain any private, denominational or other non public primary schools"

Senator Adelman of the 42nd asked unanimous consent that his amendment #4 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Squires of the 5th offered the following substitute #1 to SR 560:

A RESOLUTION

Proposing an amendment to the Constitution so as to repeal the prohibition against religious and sectarian denominations and institutions receiving public aid; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article I, Section II of the Constitution is amended by striking Paragraph VII in its entirety and inserting in lieu thereof a new Paragraph VII to read as follows:
"Paragraph VII. Separation of church and state. No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution Reserved."

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to repeal the prohibition against religious and sectarian denominations and institutions receiving public aid?"

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 substitute, the yeas were 6, nays 46, and the Squires substitute #1 was lost.
Senators Thompson of the 33rd, Brown of the 26th, Tate of the 38th, Seay of the 34th, Thomas of the 2nd and others offered the following substitute #2 to SR 560:

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A RESOLUTION
Proposing an amendment to the Constitution so as to allow public money to be used by religious or sectarian organizations and denominations and houses of worship for the purpose of providing public health or social services to people in need without regard to any recipients religious affiliation, belief, practice, or lack thereof provided that no such public money shall be used for sectarian worship, instruction, or proselytization; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article I, Section II of the Constitution is amended by striking Paragraph VII and inserting in its place a new Paragraph to read as follows:
"Paragraph VII. Separation of church and state. No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution. However, nothing in this Paragraph or any other provision of this Constitution shall prohibit the use of money from the public treasury to support public health or social service programs for people in need which are provided without regard to any recipients religious affiliation, belief, practice, or lack thereof by religious or sectarian organizations, religious denominations, or individual houses of worship, provided that no such public money shall be used for sectarian worship, instruction, or proselytization."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to allow public money to be used by religious or sectarian organizations and denominations and houses of worship for the purpose of providing public health or social services to people in need without regard to any recipients religious affiliation, belief, practice, or lack thereof, provided that no such public money shall be used for sectarian worship, instruction, or proselytization?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the

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Constitution, it shall become a part of the Constitution of this state.

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

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

Harbison N Harp Y Henson N Hill E Hooks N Hudgens N Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee 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 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 substitute, the yeas were 19, nays 35, and the Thompson, et al. substitute #2 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 proposing an amendment to the Constitution, 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

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

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

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

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

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

On the adoption of the resolution, the yeas were 40, nays 14.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

Senator Stephens of the 51st moved that the Senate adjourn until 9:00 a.m. Friday, January 16, 2004.

The motion prevailed, and the President announced the Senate adjourned at 2:02 p.m.

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Senate Chamber, Atlanta, Georgia Friday, January 16, 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 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 395.

By Representatives Mosley of the 129th, Post 1, Smith of the 129th, Post 2, Williams of the 128th, Coleman of the 118th, Porter of the 119th and others:

A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change the authority of attendance officers; to provide for duties of peace officers assigned to schools; and for other purposes.

HB 739. By Representatives Cummings of the 19th, McBee of the 74th and Jenkins of the 93rd:

A BILL to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refund of dues under the Judges of the Probate Courts Retirement Fund, so as to provide that a member who is unmarried at the time of retirement may elect a retirement option of an actuarially reduced amount with payment made to a designated surviving beneficiary; to provide that a member who is married at the time of retirement may make such an election with the consent of his or her spouse; and for other purposes.

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HB 878. HB 914. HB 917. HB 923.

By Representative Crawford of the 91st:
A BILL to amend Code Section 47-2-262 of the Official Code of Georgia Annotated, relating to membership of assistant district attorneys and employees of the Prosecuting Attorneys' Council of the State of Georgia in the Employees' Retirement System of Georgia, notice of election, and contributions, so as to provide for members who were required to become members of the Employees' Retirement System of Georgia as a matter of law but who failed to do so because of an administrative error; and for other purposes.
By Representatives Cummings of the 19th, McBee of the 74th, Coleman of the 65th and Black of the 144th:
A BILL to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide that a member of such retirement system may elect to receive a reduced retirement allowance together with a partial lump sum distribution; and for other purposes.
By Representatives Cummings of the 19th, McBee of the 74th, Coleman of the 65th and Black of the 144th:
A BILL to amend Code Section 47-3-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Teachers Retirement System of Georgia, the election of options, and revocation of the election, so as to provide that a member of such retirement system may elect to receive a reduced retirement allowance together with a partial lump sum distribution; and for other purposes.
By Representatives Heard of the 75th and McBee of the 74th:
A BILL to amend Article 4 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Georgia Judicial Retirement System, so as to provide that a member of such retirement system who is a vested member in a local retirement system and who has not withdrawn his or her contributions shall be entitled to have all of the employer and employee contributions paid by or on behalf of such member transferred to the Georgia Judicial Retirement System; and for other purposes.

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HB 976. By Representative Oliver of the 56th, Post 2:
A BILL to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to define a certain term; to provide that certain administrative law judges shall be eligible for membership in such retirement system; to provide for an election of membership; to provide for a transfer of contributions to such retirement system from the Employees' Retirement System of Georgia; and for other matters.
HB 986. By Representatives Wix of the 33rd, Post 1, Parrish of the 102nd and Coleman of the 118th:
A BILL to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to engineers and land surveyors, so as to change requirements for eligibility for certification as an engineer-in-training and eligibility for a certificate of registration as a professional engineer; to change requirements for eligibility for certification as a land surveyor-intraining and for a certificate of registration as land surveyor; and for other purposes.
HB 1086. By Representative Powell of the 23rd:
A BILL to amend Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to engaging in the bail bond business, so as to allow persons engaged in the bail bond business to become an elected official for certain local offices; and for other purposes.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 391. By Senators Seay of the 34th, Starr of the 44th and Brush of the 24th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide the manner for filling any vacancy on a local board of education; to provide for preemptive effect; to provide for an effective date and for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.

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SB 406. By Senators Williams of the 19th, Johnson of the 1st, Kemp of the 3rd and Thomas of the 2nd:
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 change certain provisions relating to revocation, suspension, denial, or nonrenewal of licenses or permits and administrative and judicial review; to change certain provisions relating to hunting deer with dogs; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 426. By Senators Tolleson of the 18th, Hamrick of the 30th and Kemp of the 46th:
A BILL to be entitled an Act to amend Code Section 35-8-8 of the Official Code of Georgia Annotated, relating to requirements for appointment or certification of persons as peace officers, so as to change a provision relating to fingerprint based criminal record investigation; to provide for requirements for preservice admittance to a basic training course; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 427. By Senators Hamrick of the 30th, Meyer von Bremen of the 12th and Lee of the 29th:
A BILL to be entitled an Act to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change a member on the Criminal Justice Coordinating Council from the chairperson of the Georgia Organized Crime Prevention Council to the director of homeland security; to discontinue the Organized Crime Prevention Council; to provide provisions for certain insurance for law enforcement personnel while on temporary assignment or loan to other law enforcement agencies for criminal investigative purposes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 428. By Senators Lee of the 29th, Shafer of the 48th, Smith of the 52nd and Brush of the 24th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official

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Code of Georgia Annotated, relating to elementary and secondary education, so as to change penalties for failure to comply with compulsory attendance requirements; to amend Code Section 40-5-22, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, so as to eliminate permission of a students parent or guardian as exceptions to the school attendance requirements to obtain a drivers license; to provide for additional offenses to prohibit a suspended student from maintaining a drivers license; to provide conditions for reinstatement of drivers licenses and permits for suspended students; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.
SB 429. By Senators Lee of the 29th, Shafer of the 48th, Smith of the 52nd and Brush of the 24th:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the revision of certain provisions regarding education flexibility and accountability; to change certain provisions regarding school councils; to change certain provisions regarding early intervention programs; to change certain provisions regarding budgeting, funding, and accounting; to change certain provisions regarding program weights; to change certain provisions regarding effectiveness assessment; to change certain provisions regarding organization of schools; to change certain provisions regarding legislative intent with respect to charter schools; to change certain provisions regarding petitions to establish charter schools; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.
SR 588. By Senators Crotts of the 17th, Johnson of the 1st and Gillis of the 20th:
A RESOLUTION designating the George H.W. Bush Presidential Parkway; and for other purposes.
Senator Williams of the 19th gave notice that at the proper time he would ask that SR 588 be engrossed.
SR 589. By Senators Crotts of the 17th, Lee of the 29th and Brush of the 24th:
A RESOLUTION authorizing and empowering the State Properties Commission, for and on behalf of and in the name of the State of Georgia, to convey certain state owned real property located in Butts County, Georgia, to

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the board of commissioners of Butts County; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.
The following House legislation was read the first time and referred to committee:
HB 395. By Representatives Mosley of the 129th, Post 1, Smith of the 129th, Post 2, Williams of the 128th, Coleman of the 118th, Porter of the 119th and others:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change the authority of attendance officers; to provide for duties of peace officers assigned to schools; and for other purposes.
Referred to the Education Committee.
HB 739. By Representatives Cummings of the 19th, McBee of the 74th and Jenkins of the 93rd:
A BILL to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refund of dues under the Judges of the Probate Courts Retirement Fund, so as to provide that a member who is unmarried at the time of retirement may elect a retirement option of an actuarially reduced amount with payment made to a designated surviving beneficiary; to provide that a member who is married at the time of retirement may make such an election with the consent of his or her spouse; and for other purposes.
Referred to the Retirement Committee.
HB 878. By Representative Crawford of the 91st:
A BILL to amend Code Section 47-2-262 of the Official Code of Georgia Annotated, relating to membership of assistant district attorneys and employees of the Prosecuting Attorneys' Council of the State of Georgia in the Employees' Retirement System of Georgia, notice of election, and contributions, so as to provide for members who were required to become members of the Employees' Retirement System of Georgia as a matter of law but who failed to do so because of an administrative error; and for other purposes.
Referred to the Retirement Committee.

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HB 914. By Representatives Cummings of the 19th, McBee of the 74th, Coleman of the 65th and Black of the 144th:
A BILL to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide that a member of such retirement system may elect to receive a reduced retirement allowance together with a partial lump sum distribution; and for other purposes.
Referred to the Retirement Committee.

HB 917. By Representatives Cummings of the 19th, McBee of the 74th, Coleman of the 65th and Black of the 144th:
A BILL to amend Code Section 47-3-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Teachers Retirement System of Georgia, the election of options, and revocation of the election, so as to provide that a member of such retirement system may elect to receive a reduced retirement allowance together with a partial lump sum distribution; and for other purposes.
Referred to the Retirement Committee.

HB 923. By Representatives Heard of the 75th and McBee of the 74th:
A BILL to amend Article 4 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Georgia Judicial Retirement System, so as to provide that a member of such retirement system who is a vested member in a local retirement system and who has not withdrawn his or her contributions shall be entitled to have all of the employer and employee contributions paid by or on behalf of such member transferred to the Georgia Judicial Retirement System; and for other purposes.
Referred to the Retirement Committee.
HB 976. By Representative Oliver of the 56th, Post 2:
A BILL to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to define a certain term; to provide that certain administrative law judges shall be eligible for membership in such retirement system; to

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provide for an election of membership; to provide for a transfer of contributions to such retirement system from the Employees' Retirement System of Georgia; and for other matters.
Referred to the Retirement Committee.
HB 986. By Representatives Wix of the 33rd, Post 1, Parrish of the 102nd and Coleman of the 118th:
A BILL to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to engineers and land surveyors, so as to change requirements for eligibility for certification as an engineer-in-training and eligibility for a certificate of registration as a professional engineer; to change requirements for eligibility for certification as a land surveyor-in-training and for a certificate of registration as land surveyor; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 1086. By Representative Powell of the 23rd:
A BILL to amend Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to engaging in the bail bond business, so as to allow persons engaged in the bail bond business to become an elected official for certain local offices; and for other purposes.
Referred to the Special Judiciary Committee.
The following legislation was read the second time:
SR 563
Senator Stephens of the 51st asked unanimous consent that Senator Bulloch of the 11th be excused. The consent was granted, and Senator Bulloch was excused.
Senator Jackson of the 50th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused.
Senator Thomas of the 54th asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused.
Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

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Senator Dean of the 31st asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.

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

Adelman Blitch Bowen Brown Butler Cagle Cheeks Clay Collins Dean Gillis Hall Hamrick Harp Henson

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

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

Not answering were Senators:

Balfour (Excused) Crotts Harbison Shafer

Brush Fort Hill Thomas, N

Bulloch (Excused) Golden (Excused) Hooks (Excused) Thompson (Excused)

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

Senators:

Crotts Shafer

Fort Thomas, N

The members pledged allegiance to the flag.

Senator Seabaugh of the 28th introduced the chaplain of the day, Pastor George Dillard of Peachtree City, Georgia, who offered scripture reading and prayer.

Senator Blitch of the 7th introduced the doctor of the day, Dr. Joel Higgins.

The following resolutions were read and adopted:

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SR 585. By Senators Moody of the 27th and Stephens of the 51st:
A RESOLUTION expressing regret at the passing of General Raymond G. Davis; and for other purposes.
SR 586. By Senators Moody of the 27th and Stephens of the 51st:
A RESOLUTION commending Leesa Parker; and for other purposes.
SR 587. By Senators Stephens of the 51st and Moody of the 27th:
A RESOLUTION expressing regret at the passing of Honorable William G. "Bill" Hasty, Sr.; and for other purposes.
SR 590. By Senator Cheeks of the 23rd:
A RESOLUTION commending Old Bark Camp Baptist Church; and for other purposes.
SR 591. By Senator Cheeks of the 23rd:
A RESOLUTION commending Bank of America and the Neighborhood Assistance Corporation of America (NACA); and for other purposes.
Senator Moody of the 27th introduced Northview High School's golf team, 2003 5-A state champions, commended by SR 582, adopted previously. Coach Russell Harrell addressed the Senate briefly.
Senator Tanksley of the 32nd asked unanimous consent that the following bill be withdrawn from the Senate Insurance and Labor Committee and committed to the Senate Judiciary Committee:
SB 408. By Senators Brush of the 24th, Cheeks of the 23rd and Hall of the 22nd:
A BILL to be entitled an Act to amend Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to state tort claims, so as to provide that a physician volunteering with a state, county, or municipal law enforcement agency shall be considered a state officer or employee and shall be immune from lawsuit or liability for official actions; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
The consent was granted, and SB 408 was committed to the Senate Judiciary Committee.

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The time having arrived for the motion to engross SR 588, no motion was offered, and the President referred SR 588 to the Transportation Committee.

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

SENATE CALENDAR FRIDAY, JANUARY 16, 2004 FIFTH LEGISLATIVE DAY

HB 373

Electric membership corporations; transmission line siting committee; provisions (Substitute)(RI&Util-45th)Twiggs-8th

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

HB 373. By Representative Twiggs of the 8th:

A BILL to amend Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electric membership corporations and foreign electric cooperatives, so as to require prior approval of transmission lines to be built for or on behalf of such entities; to define terms; to provide for a power plant and transmission line siting committee; to provide for the membership of the committee and their service and compensation; and for other purposes.

Senate Sponsor: Senator Unterman of the 45th

The President resumed the Chair.

The President announced that the Senate stand at ease, and after the dissolution of the Joint Session, reconvene at 1:15 p.m.

The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message by Honorable Norman Fletcher, Chief Justice of the Supreme Court, was called to order by the President of the Senate. HR 945 authorizing the Joint Session of the Senate and House was read by the Clerk of the House.

Honorable Norman Fletcher, Chief Justice of the Supreme Court, addressed the Joint Session of the Senate and the House of Representatives as follows:

Lt. Governor Taylor, Speaker Coleman, President Pro Tem Johnson, our friends of the legislative branch and the executive branch, fellow members of the judicial branch, ladies and gentlemen.

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I have been blessed with the great privilege of serving on my home state's Supreme Court for a long time. As I begin my 15th year, there is no place I had rather be today, than right here, talking with you state leaders about our judicial system, about the things that are working well, about our needs, and about those things which, if implemented, will make our justice system work even better. Of course, we know that it has been your support that has enabled us to improve the delivery of justice in this state. I thank you for your strong support in the past. And, hoping to remain in your good graces again this year, I have attempted to greatly reduce the length of my address. During this session if you desire more in-depth information on any subject affecting the judiciary, please contact me or the AOC and we will be happy to provide such information as you need.
Today I am going to briefly tell you of (1) important initiatives of the past year; (2) update you on programs that continue to work well; and (3) bring to you the requests and inform you of the needs of the judicial branch. However, once more, hopefully the last time it will be necessary, my primary focus will be on indigent defense. You did the right thing last year and I remain confident you will follow suit this year.
I turn first to important initiatives.
COURT FEES STUDY
I informed you of the on-going Court Fee Study the past two years. I am pleased to report that our current Court Fee Program has brought about enhanced efficiency in calculating, collecting, and remitting court fees across all levels of our courts. Training classes and court visits play major roles in accomplishing these improvements. In the past year 25 training classes on court fees have been conducted in 12 cities for 519 court officials, from municipal courts to superior court clerks and probation officers, and assistance has been provided as requested through 32 court visits since July.
In September the AOC entered into an agreement with the Brain and Spinal Injury Trust Fund Commission to act as the receiving and monitoring agent of the 10% surcharge on DUI fees. Early signs indicate a much higher participation rate by the courts and a much higher collection rate, as evidenced by the fact that one delinquent court recently remitted three years' collection of fees totaling nearly $218,000. Much more has been done to turn around the past deficiencies and the on-going assistance and educational programs are being accepted very well throughout the state.
SUPREME COURT COMMITTEE ON TECHNOLOGY
For several years a number of you have expressed concerns about the status of court automation. While the Georgia Courts Automation Commission has made considerable progress with limited resources, we acknowledge the current status of court technology

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does not provide us with all that we desire and need in this technological era.
In 2003 the AOC commissioned a study through BearingPoint, a widely acclaimed national consulting firm, to assess our current status, address needs and make recommendations. The study was completed last summer and made available to all interested parties.
Because of the interest and vital need, in December your Supreme Court created its Committee on Court Technology. Its charge is (1) to make recommendations for a statewide technology governance structure for court technology; (2) to study e-filing guidelines and make recommendations on their applicability to the Georgia courts; and (3) to develop a strategic plan with a time-line for implementation. Bill Ide of Atlanta, former ABA President, serves as Chair and Judge Tim Pape of the Floyd County Juvenile Court and current Chair of the Georgia Courts Automation Commission serves as CoChair. This broad based Committee of 28 members includes judges from every level of court, clerks, court administrators, a court reporter, district attorney, public defender, and state bar leaders. Additionally, we are creating an advisory committee composed of designees and representatives of the executive and legislative branches. It is our hope that the creation of this Committee will assure you that we take very seriously your concerns about court technology.
I have great expectations of the work and resulting report of this well-balanced Committee and for the future of our court technology in Georgia. We anticipate that a report and recommendations will be completed in time for your consideration at the 2005 session.
ON-GOING SUCCESSFUL PROGRAMS
We are pleased that a number of innovative initiatives continue to serve our courts well. The work of the Alternative Dispute Resolution Commission providing for mediation and arbitration for courts in 96 counties containing approximately 70% of the state's population continues to expand, with referrals increasing nearly 61% since calendar year 1997. The Commission on Interpreters has expanded its role of qualified interpreters and our professionalism program remains the role model for the country.
The drug court movement is steadily progressing with widespread interest by judges across the state. These programs have resulted in savings to the public sector while still requiring accountability from the offenders.
The proposed pilot project providing for a business court will soon be on the table for consideration. Likewise, the study and recommendations relating to revision of our jury panels will shortly be forthcoming.

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REQUESTS AND NEEDS
Turning now to our requests and needs. Some are repeats from last year.
Our probate judges and district attorneys still desire non-partisan elections, as do our magistrates. I once again endorse their requests as the judicial branch is no place for partisan politics.
Based on caseload studies, last year the Judicial Council recommended creation of two new superior court judgeships, one in the Cherokee Circuit and one in the Gwinnett Circuit, but no legislative action was taken. This year the Judicial Council again recommends those two judgeships as well as an additional judge for the Coweta Circuit, Flint Circuit, and Southern Circuit, and a second additional judge for the Gwinnett Circuit. These new judgeships are sorely needed.
Proposals for Certainty in Sentencing was a key part of my address last year. While no action was taken last session, there is still much interest and urgency for sentencing reform. While setting minimum and maximum limits of punishment for crimes is a legislative function, your judges need the flexibility to see that the sentences imposed are fair and just considering the totality of the circumstances of each case. Additionally, it may well be time to consider whether it is in the best interest of the state to decriminalize certain traffic offenses.
There also remains keen interest in and need for funding the Legal Loan Forgiveness Program for attorneys entering public service as prosecutors, public defenders, and positions with the state law department. While I realize this is not likely to be the year for state funding, I request you to urge Congress to extend loan forgiveness under the Stafford and Perkins loan program to lawyers working in the public sector.
And last, but certainly not least, the judicial branch is most concerned about suggested reductions in our already meager budgets. Sharing in across-the-board cuts hurts the judiciary disproportionately because the judicial system is personnel heavy and has very little spending flexibility. The population explosion in this state is straining our judicial system, and any budget reductions would have an adverse effect on the efficiency of our courts. Additionally, it has been far too long since our judges, prosecutors, and other court personnel have received any salary increases, with the disparity between public sector salaries and private sector salaries continuing to escalate. We understand the budget shortfalls of recent years; however, these salary concerns need to be addressed as soon as reasonably possible.
INDIGENT DEFENSE
Finally, I turn to the most important issue facing our courts today - - indigent defense. Dr. King reminded us, "It is always the right time to do that which is right." I can't

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praise you highly enough for stepping up to the plate last session and doing the right thing, both morally and constitutionally, for indigent defense. Because good folks understand fairness, what you did was favorably reported and you continue to be praised throughout this state and this country. The act you overwhelmingly passed is an outstanding example of the good that can be accomplished through bipartisan efforts.
The 11 member Georgia Public Defender Standards Council, appointed by Governor Perdue, Lt. Gov. Taylor, Speaker Coleman, Chief Judge J. D. Smith and me, is a diverse, dedicated group with representatives from our superior courts, local government, former legislators, academia and the bar. They have been diligently working since early August focusing on standards, budget, transition and leadership. After an extensive search and interview process, the Council selected Michael Mears as the full time director. He is a lawyer with broad experience in administration and public defense, having served as the Director of the Georgia Multi-County Public Defender's Office since 1992. He will not require on-the-job training as we start up this new, much needed structure for meeting the Sixth Amendment constitutional requirements in this state. And Mike has already selected two fine key members of his team, both former legislators, Gary Parker and Jim Martin.
The Governor and I have made all of our appointments to the 49 judicial circuit local selection committees as have most of the circuit chief judges. I anticipate the other appointing authorities will soon complete their appointments so that the local circuit committees can commence the process of selecting the circuit public defender, who in turn will be responsible for having the local offices operational on January 1, 2005. Much is also going on locally in anticipation of the new programs. For example, Walker County, which was my home for many good years, is already taking steps to provide facilities for the new public defender and the office staff.
As you can see, we are on schedule and well on the way toward fulfilling the dictates of your legislation. I implore you not to tamper with this legislative act during this session. Making changes, exceptions, or modifications in the act or allowing variations for individual circuits at this stage might well destroy the contemplated uniform, accountable systems before they even start up. Your legislation was well thought out and provides great structure. After the circuit offices are up and running for a few years, if the need for improvements comes to light, appropriate adjustments can then be made.
The only thing remaining to be done in order "to finish the drill" and claim the victory is to fund the program your legislation calls for. Your leaders endorsed this reform legislation and Governor Perdue signed it into law understanding that it would be and intending that it be fully operational by January 1, 2005. Your leaders have diligently searched for the best and most reliable way of providing the required funding. I trust you, your leaders and our Governor. I know together you will find the best method and that this great legislative body will appropriate the funds requested for indigent defense in

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the judicial budget. This state has acknowledged the deficiencies of the existing system, concluding that it does not meet Sixth Amendment requirements. If funding is delayed any longer, we run the grave risk of having the courts create a system managed by an outside court appointed auditor, rather than having this great system designed by you, led by our people and operated by public defenders locally selected who are part of the community in the respective circuits.
This session is the right time to once more do what is right, and I know in my heart you will, that you will fully fund the long awaited system you wisely created last year. I thank you for doing the right thing again this year.
May God continue to bless you and this state as you conduct your business this session.
Thank you for allowing me to talk with you about your courts again this year.
Senator Stephens of the 51st moved that the Joint Session be hereby dissolved.
The motion prevailed, and the President of the Senate announced the Joint Session dissolved.
At 1:15 p.m. Senator Eric Johnson, President Pro Tempore, called the Senate to order.
The Calendar was resumed.
The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 373:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to condemnation procedures, so as to change the time for hearing before a special master and to require notice by certified mail in condemnations for certain purposes; to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to exercise of the power of eminent domain for special purposes, so as to prohibit the use of the power of eminent domain to acquire any property for the construction of certain electric transmission lines without prior public notice and one or more public meetings with an opportunity for comment and questions; to provide for exceptions; to provide for factors to be considered in selecting a route for certain electric transmission lines; to provide procedures for good faith negotiations; to provide for additional compensation for or reconveyance or quitclaim of an easement or other property interest acquired through the exercise of eminent domain in certain circumstances; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to condemnation procedures, is amended by striking Code Section 22-2-102, relating to petitions of condemnation, judicial orders for hearing before a special master, and proceedings in rem, and inserting in lieu thereof the following:
"22-2-102. Whenever it is desirable, for any reason, to arrive at a quick and certain determination of the compensation to be paid first to the condemnee for the taking or damaging of private property, the condemnor shall file a petition in a superior court having jurisdiction for a judgment in rem against the property or interest therein, as provided in Code Section 22-2-130. At or before the filing of the petition, the condemnor shall present a copy of the petition to a judge of the superior court of the county wherein the property or interest sought to be condemned is located. Thereupon, the judge shall make an order requiring the condemnor, the person in possession of the property or interest, and any other person known to have any rights in the property or interest to appear at a hearing before a special master at a time and place specified in the order and to make known their rights, if any, in and to the property or interest sought to be condemned, their claims as to the value of the property or interest, and any other matters material to their respective rights. The Except in condemnations for purposes of constructing or expanding one or more electric transmission lines, the hearing before the special master shall take place not less than ten days nor more than 15 days after the date of service of the order. In condemnations for purposes of constructing or expanding one or more electric transmission lines, the hearing before the special master shall take place not less than 30 days and not more than 40 days after the date of service of the order. The order shall give such directions for notice and the service thereof as are appropriate and as are consistent with this article, in such manner as to provide most effectively an opportunity to all parties at interest to be heard. In condemnations for purposes of constructing or expanding one or more electric transmission lines, in addition to service of the order, a copy of the order shall be mailed by certified mail to any person shown by the public ad valorem tax records of the county in which the property is located to have an interest in the property and to any other person having open and obvious possession of the property. It shall not be necessary to attach any other process to the petition except the order so made, and the cause shall proceed as in rem."
SECTION 2. Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to exercise of the power of eminent domain for special purposes, is amended by adding at the end of said chapter a new Article 8 to read as follows:
"ARTICLE 8

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22-3-160. (a) Before exercising the right of eminent domain for purposes of constructing or expanding an electric transmission line with a design operating voltage of 115 kilovolts or greater and a length of one mile or more, any person, corporation, or other entity that generates, transmits, distributes, supplies, or sells electricity for public or private use in this state or generates electricity in this state for transmission or distribution outside this state (hereinafter in this article referred to as 'utility') shall schedule and hold one or more public meetings with an opportunity for comment by members of the public. In any proceeding to exercise the right of eminent domain for purposes of an electric transmission line for which the utility began land acquisition negotiations on or after July 1, 2004, the utility shall be required to demonstrate substantial compliance with this Code section as a condition for exercising the right of eminent domain. (b) Prior to the public meeting or meetings required by this Code section, the utility shall provide adequate public notice of the utilitys intent to construct or expand an electric transmission line and adequate public notice of the public meeting or meetings related to the electric transmission line as follows:
(1) By publishing adequate public notice of said public meeting or meetings in a newspaper of general circulation in each county in which any portion of the electric transmission line is to be constructed or expanded. Said notice shall be published at least 30 days prior to the date of the first public meeting related to the electric transmission line and shall include the following: the date, time, and location of each meeting; a statement that the purpose of the meeting or meetings is to provide public notice of the utilitys intent to construct or expand an electric transmission line for which the right of eminent domain may be exercised; a description of the proposed project including the general route of the electric transmission line and the general property area within which the utility intends to construct or expand the electric transmission line; the width of the proposed transmission line route; and a description of the alternative construction approaches considered by the utility and a statement of why such alternatives were rejected by the utility; and (2) By providing written notice of the public meeting or meetings, by means of certified mail, to each owner of property, as indicated in the tax records of the county in which such property is located, over which the utility intends to construct or expand the electric transmission line and to the chairpersons or chief executives of the counties and the mayors of any municipalities in which such property is located. Such notice shall be mailed at least 30 days prior to the date of the first public meeting related to the electric transmission line and shall include all of the information required by paragraph (1) of this subsection. (c) At least one public meeting shall be held in each county in which the electric transmission line would be located. In any county in which the electric transmission line would require acquisition of property rights from more than 50 property owners, two or more public meetings shall be held. The public meetings shall be held in an accessible location and shall be open to members of the public. At least one of the public meetings shall commence between 6:00 P.M. and 7:00 P.M., inclusive, on a

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business weekday. At the public meetings, the utility shall provide a description of the proposed project including the general route of the electric transmission line and the general property area within which the utility intends to construct or expand the electric transmission line, the width of the proposed transmission line route, and a description of the alternative construction approaches considered by the utility and a statement of why such alternatives were rejected by the utility. At the public meetings, the utility shall allow a reasonable opportunity for members of the public to express their views on the proposed project and to ask questions. (d) A utility shall not be required to give notice of or hold public meetings with respect to any of the following:
(1) An electric transmission line to be constructed or expanded by a utility on an established right of way or land that was acquired by the utility or any other utility prior to July 1, 2004; (2) An electric transmission line for which the utility began land acquisition negotiations prior to July 1, 2004; (3) An electric transmission line to be constructed or expanded by a utility on an established right of way or land that is owned or controlled by a state agency, a county, a municipality, or an agency, bureau, or department of the United States; (4) An electric transmission line to be constructed or expanded by a utility for the purpose of relocating an existing electric transmission line at the direction, order, or request of a state agency, a county, a municipality, or an agency, bureau, or department of the United States; (5) An electric transmission line to be constructed or expanded by a utility without exercising the power of eminent domain to acquire the right of way or easement area for such line; or (6) An electric transmission line to be constructed by a utility for the purpose of serving an electric substation or switching station to be constructed on a site that is owned or controlled by a utility customer to be served by such substation or switching station.
22-3-161. (a) On and after July 1, 2004, before exercising the right of eminent domain for purposes of constructing or expanding an electric transmission line described in subsection (a) of Code Section 22-3-160, the utility shall select a practical and feasible route for the location of the electric transmission line. In selecting the route for the location of the electric transmission line, the utility shall consider existing land uses in the geographic area where the line is to be located, existing corridors, existing environmental conditions in the area, engineering practices related to the construction and operation of the line, and costs related to the construction, operation, and maintenance of the line. (b) After the utility has selected the preferred route for the location of an electric transmission line, the utility shall attempt in good faith to negotiate a settlement with each property owner from whom the utility needs to acquire property rights for the line.

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In connection with the negotiations, the utility shall provide the property owner with a written offer to purchase the property rights, a document that describes the property rights, and a drawing that shows the location of the line on the owner's property. (c) The requirements of subsections (a) and (b) of this Code section shall not apply to an electric transmission line described in subsection (d) of Code Section 22-3-160.
22-3-162. (a) This Code section shall apply to any easement or other property interest acquired on or after July 1, 2004, through exercise of the right of eminent domain for purposes of constructing or expanding an electric transmission line:
(1) With a capacity of 230 kilovolts or less if the utility has not begun such construction or expansion within 12 years from the date of acquisition and the land burdened by the easement or other property interest is not adjacent to an electric transmission line corridor in existence 12 years from the date of acquisition; (2) With a capacity of more than 230 kilovolts if the utility has not begun such construction or expansion within 15 years from the date of acquisition and the land burdened by the easement or other property interest is not adjacent to an electric transmission line corridor in existence 15 years from the date of acquisition; and (3) Of any capacity if the land burdened by the easement or other property interest is adjacent to an electric transmission line corridor in existence 15 years after the date of acquisition and the utility has not begun the construction or expansion for which the easement or other property right was acquired within 15 years from the date of acquisition. (b) When this Code section becomes applicable to an easement or other property interest, the owner of the land burdened by such easement or property interest may apply to the utility that acquired the easement or other property interest or such utilitys successor or assign for reconveyance or quitclaim of the easement or other property interest or for additional compensation for such easement or other property interest. The application shall be in writing, and the utility or its successor or assign shall act on the application within 60 days by: (1) Executing a reconveyance or quitclaim of the easement or property interest upon receipt of compensation not to exceed the amount of the compensation paid by the utility for the easement or property interest at the time of acquisition; or (2) Paying additional compensation to the owner of the land burdened by the easement or other property interest, such compensation to be calculated by subtracting the price paid by the utility for the easement or other property interest at the time of acquisition from the fair market value of the easement or other property interest at the time this Code section becomes applicable to such easement or other property interest. (c) The choice between additional compensation or reconveyance or quitclaim shall be at the discretion of the utility or its successor or assign."
SECTION 3. This Act shall become effective July 1, 2004, and shall apply to the exercise of eminent

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domain to acquire easements or other property interests for which land acquisition negotiations for purposes of constructing or expanding one or more electric transmission lines begin on or after such date. The provisions of this Act relating to additional compensation, reconveyance, and quitclaim shall apply to easements and other property interests acquired on or after July 1, 2004, through the exercise of eminent domain.

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

On the adoption of the substitute, the yeas were 31, nays 0, and the committee substitute was adopted.

Senator Lee of the 29th asked unanimous consent that Senator Cheeks of the 23rd be excused. The consent was granted, and Senator Cheeks was excused.

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

Senator Squires of the 5th 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 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
Bowen N Brown Y Brush E Bulloch Y Butler N Cagle E Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort
Gillis

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

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

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E Golden Y Hall Y Hamrick

N Price Y Reed Y Seabaugh

Y Williams Y Zamarripa

On the passage of the bill, the yeas were 35, nays 5.

HB 373, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

January 16, 2004

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

RE: Voting on HB 373

Dear Frank:

This letter is to verify that my "yes" vote did not register due to equipment failure.

Sincerely,

/s/ Terrell Starr Terrell Starr, Senator 44th District

Senator Stephens of the 51st moved that the Senate stand adjourned pursuant to HR 944, until 1:00 p.m., Monday, January 26, 2004; the motion prevailed, and at 1:44 p.m., Senator Eric Johnson, President Pro Tempore, announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Monday, January 26, 2004 Sixth Legislative Day

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

Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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

Mr. President:

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

HB 482.

By Representatives Lunsford of the 85th, Post 2, Watson of the 60th, Post 2, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Yates of the 85th, Post 1 and others:

A BILL to provide for a homestead exemption from certain Henry 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 1021. By Representative Roberts of the 131st:

A BILL to amend an Act creating the board of commissioners of Irwin County, so as to change the description of the commissioner districts; and for other purposes.

HB 1084. By Representatives Amerson of the 9th and Ralston of the 6th:

A BILL to provide a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; and for other purposes.

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HB 1104. By Representative Sims of the 130th:
A BILL to provide that future elections for the office of probate judge of Coffee County shall be nonpartisan elections; and for other purposes.
HB 1112. By Representatives Birdsong of the 104th, Lucas of the 105th and Parham of the 94th:
A BILL to amend an Act creating the board of commissioners of Jones County, so as to provide for the duties and responsibilities of the chairperson of the board; to provide for the full-time status and the compensation of the chairperson; to provide for related matters; to provide for the election of the chairperson by special election rather than regular election in 2004 only; and for other purposes.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 430. By Senators Shafer of the 48th, Cagle of the 49th and Gillis of the 20th:
A BILL to be entitled an Act to amend Code Section 27-3-6 of the Official Code of Georgia Annotated, relating to possession of firearm while hunting with bow and arrow, so as to authorize quadriplegics to hunt deer with a firearm during archery and primitive weapons seasons on certain lands; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 431. By Senators Kemp of the 46th, Hall of the 22nd, Collins of the 6th, Tolleson of the 18th, Gillis of the 20th and others:
A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to provide for notification to the members of the General Assembly of the availability of annual reports, budgets, and audits; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 432. By Senators Price of the 56th, Johnson of the 1st, Seabaugh of the 28th, Balfour of the 9th, Thomas of the 54th and others:
A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to limit liability and damages in

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certain circumstances; to provide for limited liability for certain health care providers for treatment of certain emergency conditions under certain circumstances; to change certain provisions relating to damages; to provide for financial limitations with respect to certain damages; to provide for legislative findings; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 433. By Senators Lee of the 29th, Williams of the 19th, Harp of the 16th, Tolleson of the 18th, Hall of the 22nd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to the Attorney General, so as to provide for certain conditions and limitations with respect to the use of outside counsel to provide legal services to state government; to define a term; to provide for the compilation and availability of reports of fees paid to outside counsel; to provide for a budgetary ceiling on the total fees paid to outside counsel and to provide for exceptions; to prohibit the employment of outside counsel also acting as counsel in actions against the state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.

SB 434. By Senators Unterman of the 45th, Price of the 56th, Tolleson of the 18th, Thomas of the 54th, Johnson of the 1st and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning damages in tort actions, so as to provide for specific recovery of damages by a plaintiff in a civil action involving a contingency fee contract; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

SB 435. By Senators Tolleson of the 18th, Price of the 56th, Johnson of the 1st and Unterman of the 45th:
A BILL to be entitled an Act to amend Code Section 9-11-23 of the Official Code of Georgia Annotated, relating to class actions, so as to provide for

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procedures, conditions, and limitations on certification of class actions; to provide for appellate procedures relating to class actions certification; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 436. By Senators Williams of the 19th and Hill of the 4th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to create the Agricultural Water Conservation Incentive Program; to provide for a purpose and participation; to provide for priorities; to provide a noninclusive list of projects acceptable for assistance; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.

SB 437. By Senator Smith of the 25th:
A BILL to be entitled an Act to amend Code Section 45-7-54 of the Official Code of Georgia Annotated, relating to government employees payroll deductions for certain not for profit organizations, so as to provide for deductions for certain additional types of organizations and by certain additional types of employees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

SR 595. By Senators Crotts of the 17th, Cheeks of the 23rd, Bulloch of the 11th, Stephens of the 51st, Lamutt of the 21st and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that this state shall recognize as marriage only the union of man and woman; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Rules Committee.

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SR 596. By Senator Smith of the 25th:
A RESOLUTION honoring Mrs. Rosa Proctor and designating the Pettigrew Road Bridge in Milledgeville, Georgia, the Rosa Proctor Bridge; and for other purposes.
Referred to the Transportation Committee.

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

HB 482. By Representatives Lunsford of the 85th, Post 2, Watson of the 60th, Post 2, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Yates of the 85th, Post 1 and others:
A BILL to provide for a homestead exemption from certain Henry 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 1021. By Representative Roberts of the 131st:
A BILL to amend an Act creating the board of commissioners of Irwin County, so as to change the description of the commissioner districts; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1084. By Representatives Amerson of the 9th and Ralston of the 6th:
A BILL to provide a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1104. By Representative Sims of the 130th:
A BILL to provide that future elections for the office of probate judge of

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Coffee County shall be nonpartisan elections; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 1112. By Representatives Birdsong of the 104th, Lucas of the 105th and Parham of the 94th:

A BILL to amend an Act creating the board of commissioners of Jones County, so as to provide for the duties and responsibilities of the chairperson of the board; to provide for the full-time status and the compensation of the chairperson; to provide for related matters; to provide for the election of the chairperson by special election rather than regular election in 2004 only; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 395

Do Pass by substitute 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 recommendation:

SB 393 Do Pass

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

Mr. President:

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

SB 184 Do Pass

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SB 400 SB 411

Do Pass by substitute Do Pass by substitute

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

Mr. President:

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

SR 561 Do Pass

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

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

Senator Adelman of the 42nd asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused.

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 Fort Gillis Golden Hall Hamrick

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

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

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Not answering were Senators:

Brush

Harbison (Excused)

Henson (Excused)

The members pledged allegiance to the flag.

Senator Hamrick of the 30th introduced the chaplain of the day, Pastor Kevin Labello of Douglasville, Georgia, who offered scripture reading and prayer.

Senator Williams of the 19th introduced the doctor of the day, Dr. Wayne Mosley of Vidalia, Georgia.

The following resolutions were read and adopted:

SR 592. By Senator Jackson of the 50th:

A RESOLUTION honoring the life, friendship, public service, and dedication to humanity of the late Representative Ralph Twiggs of Hiawassee; and for other purposes.

SR 593. By Senator Jackson of the 50th:

A RESOLUTION honoring and remembering the life of Thomas Augustus Arrendale, Jr.; and for other purposes.

SR 594. By Senator Price of the 56th:

A RESOLUTION commending Elliott E. Holsworth; and for other purposes.

SR 597. By Senator Tolleson of the 18th:

A RESOLUTION commending the Hawkinsville High School Red Devils football team; and for other purposes.

SR 598. By Senators Williams of the 19th and Johnson of the 1st:

A RESOLUTION commending Dr. Joseph C. Barrow Jr.; and for other purposes.

SR 619. By Senators Stephens of the 51st, Moody of the 27th and Lamutt of the 21st:

A RESOLUTION honoring and commending Mr. Don Stevens; and for other purposes.

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SR 620. By Senator Hill of the 4th:

A RESOLUTION commending James O. "Jim" Anderson; and for other purposes.

SR 621. By Senator Price of the 56th:

A RESOLUTION commending Mr. Sean Graham on attaining the rank of Eagle Scout; and for other purposes.

Senator Tanksley of the 32nd moved that the following bill be withdrawn from the Senate Health and Human Services Committee and committed to the Senate Judiciary Committee:

SB 432. By Senators Price of the 56th, Johnson of the 1st, Seabaugh of the 28th, Balfour of the 9th, Thomas of the 54th and others:

A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to limit liability and damages in certain circumstances; to provide for limited liability for certain health care providers for treatment of certain emergency conditions under certain circumstances; to change certain provisions relating to damages; to provide for financial limitations with respect to certain damages; to provide for legislative findings; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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

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

Y Seay Y Shafer N 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

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N Gillis N Golden Y Hall N Hamrick

Mullis N Price Y Reed N Seabaugh

N Unterman N Williams Y Zamarripa

On the motion, the yeas were 28, nays 26; the motion prevailed, and SB 432 was committed to the Senate Judiciary Committee.

Senator Tanksley of the 32nd asked unanimous consent that the following bill be withdrawn from the Senate Judiciary Committee and committed to the Senate Insurance and Labor Committee:

SB 435. By Senators Tolleson of the 18th, Price of the 56th, Johnson of the 1st and Unterman of the 45th:

A Bill to be entitled an Act to amend Code Section 9-11-23 of the Official Code of Georgia Annotated, relating to class actions, so as to provide for procedures, conditions, and limitations on certification of class actions; to provide for appellate procedures relating to class actions certification; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senator Price of the 56th objected.

Senator Lamutt of the 21st, Chairman of the Senate Insurance and Labor Committee, indicated that he did not object to the motion.

Senator Price of the 56th withdrew his objection.

The consent was granted, and SB 435 was committed to the Senate Insurance and Labor Committee.

Senator Tanksley of the 32nd moved that the following bill be withdrawn from the Senate Insurance and Labor Committee and committed to the Senate Judiciary Committee:

SB 434. By Senators Unterman of the 45th, Price of the 56th, Tolleson of the 18th, Thomas of the 54th, Johnson of the 1st and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning damages in tort actions, so as to provide for specific recovery of damages by a plaintiff in a civil action involving a contingency fee contract; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Seay Y 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 motion, the yeas were 30, nays 24; the motion prevailed, and SB 434 was committed to the Senate Judiciary Committee.

Senator Price of the 56th gave notice that at the proper time, he would move that the Senate reconsider its action on SB 432.

Senator Unterman of the 45th gave notice that at the proper time, she would move that the Senate reconsider its action on SB 434.

SR 563

SENATE CALENDAR MONDAY, JANUARY 26, 2004
SIXTH LEGISLATIVE DAY
CA: Game and Fish; subject to reasonable restrictions; rights (Substitute)(NR&E-1st)

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

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SR 563. By Senators Johnson of the 1st, Mullis of the 53rd, Williams of the 19th and Stephens of the 51st: A RESOLUTION

Proposing an amendment to the Constitution so as to provide that the people have the right to hunt, fish, and harvest game, subject only to reasonable restrictions as the General Assembly may prescribe by general law; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article I, Section I of the Constitution is amended by renumbering Paragraph XXVIII as Paragraph XXIX and inserting a new Paragraph XXVIII to read as follows:
"Paragraph XXVIII. Right to hunt and fish. The people have the right to hunt, fish, and harvest game, subject only to reasonable restrictions as the General Assembly may prescribe by general law."

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that the people have the right to hunt, fish, and harvest game, subject only to reasonable restrictions as the General Assembly may prescribe by general law?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The Senate Natural Resources and the Environment Committee offered the following substitute to SR 563:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that the tradition of fishing and hunting and the taking of fish and wildlife shall be preserved for the people and shall be managed by law and regulation for the public good; to provide for 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 I, Section I of the Constitution is amended by renumbering Paragraph XXVIII as Paragraph XXIX and inserting a new Paragraph XXVIII to read as follows:
"Paragraph XXVIII. Fishing and hunting. The tradition of fishing and hunting and the taking of fish and wildlife shall be preserved for the people and shall be managed by law and regulation for the public good."

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that the tradition of fishing and hunting and the taking of fish and wildlife shall be preserved for the people and shall be managed by law and regulation for the public good?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senator Zamarripa of the 36th offered the following amendment:

Amend the LC 14 8615S substitute to SR 563 by striking lines 1 and 2 of page 1 and inserting in lieu thereof the following: "Proposing an amendment to the Constitution so as to provide that the traditions of fishing, hunting, the taking of fish and wildlife, hiking, and canoeing shall be preserved for the people and that fishing and hunting shall be"; by striking lines 9 and 10 of page 1 and inserting the following: "'Paragraph XXVIII. Fishing and hunting. The traditions of fishing, hunting, the taking of fish and wildlife, hiking, and canoeing shall be preserved for the people. Fishing and hunting shall be managed by law"; and by striking lines 16 through 19 of page 1 and inserting the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that the traditions of fishing, hunting, the taking of fish and wildlife, hiking, and canoeing shall be preserved for the people and that fishing and hunting shall be managed by law and regulation for the public good?"

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

Y Adelman N Balfour

N Harbison N Harp

N Seay N Shafer

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

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

N Smith,F N Smith,P N Squires N Starr N Stephens
Stokes N Tanksley Y Tate N Thomas,D Y 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 43, and the Zamarripa amendment was lost.

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 adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

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

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

Y 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

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

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

Y Thompson Y Tolleson Y Unterman Y Williams N Zamarripa

On the adoption of the resolution, the yeas were 51, nays 3.

The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

Senator Stephens of the 51st moved that the Senate adjourn until 10:00 a.m. Tuesday, January 27, 2004.

The motion prevailed, and the President announced the Senate adjourned at 2:45 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, January 27, 2004 Seventh Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

The following 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 363.

By Representatives Fludd of the 48th, Post 4, Greene-Johnson of the 60th, Post 3, Marin of the 66th, Floyd of the 69th, Post 2 and Holmes of the 48th, Post 1:

A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for supplying copies of electronic text versions of certain textbooks to local boards of education upon request; to authorize local boards of education to provide electronic versions of textbooks to schools and students; and for other purposes.

HB 472. By Representatives Powell of the 23rd, Howell of the 92nd and Parham of the 94th:

A BILL to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, so as to change the term of registration for solicitor agents; to change the registration fee; to change certain disclosure requirements; and for other purposes.

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HB 987.

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 entitled "An Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Board of Water Commissioners," so as to define a certain term; to raise the employee contribution; to increase the benefit calculation factor; to change the vesting provision; to grant a cost of living adjustment to retirees and beneficiaries; and for other purposes.

HB 1120. By Representative Parrish of the 102nd:

A BILL to amend an Act relating to the board of commissioners of Johnson County, so as to provide for reapportionment or redistricting of the districts from and by which members of the board of commissioners are elected; and for other purposes.

HB 1121. By Representative Parrish of the 102nd:

A BILL to provide for reapportionment or redistricting of the districts from and by which members of the board of education of Johnson County are elected; and for other purposes.

HB 1143. By Representative Greene of the 134th:

A BILL to provide a homestead exemption from Quitman County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; and for other purposes.

HB 1144. By Representative Greene of the 134th:

A BILL to provide a homestead exemption from Randolph County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; and for other purposes.

HB 1146. By Representative Greene of the 134th:

A BILL to provide a homestead exemption from Clay County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; and for other purposes.

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HB 1164. By Representatives Lunsford of the 85th, Post 2, Howell of the 92nd, Jenkins of the 93rd and Yates of the 85th, Post 1:
A BILL to create a board of elections and registration for Butts County and provide for its powers and duties; and for other purposes.

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

SB 438. By Senators Johnson of the 1st, Lee of the 29th, Shafer of the 48th, Smith of the 52nd and Williams of the 19th:
A BILL to be entitled an Act to amend Code Section 32-2-20, relating to the composition and operations of the State Transportation Board, so as to provide that voting in caucuses to elect members of the State Transportation Board shall be by roll-call vote, show of hands, or some other open voting method; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.

SB 439. By Senators Seabaugh of the 28th, Starr of the 44th, Adelman of the 42nd and Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to create a new offense relating to film piracy; to amend Article 4 of Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to detention or arrest on suspicion of shoplifting, so as to provide immunity for detention due to suspicion of film piracy; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 440. By Senators Hamrick of the 30th, Adelman of the 42nd, Harp of the 16th, Smith of the 52nd and Hall of the 22nd:
A BILL to be entitled an Act to amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to penalties for purchase, possession, manufacture, distribution, and sale of controlled substances and marijuana, so

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as to provide for the application of the recidivist provisions of Code Section 17-10-7 under certain circumstances; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 441. By Senators Hamrick of the 30th, Smith of the 52nd, Hall of the 22nd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment for crimes, so as to provide that the superior court sentence review panel shall be required to provide an opinion or memorandum of decision when a sentence is reduced; to clarify sentences subject to review; to exempt sentences based on negotiated pleas from review; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 442. By Senators Hamrick of the 30th, Reed of the 35th, Harp of the 16th, Smith of the 52nd, Hall of the 22nd and others:
A BILL to be entitled an Act to amend Code Section 16-5-1 of the Official Code of Georgia Annotated, relating to murder and felony murder, so as to provide that persons convicted of murder who have three or more prior felony convictions shall be sentenced to life without parole under certain circumstances; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 443. By Senators Adelman of the 42nd and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide a short title; to prohibit the imposition of nonuse, handling, dormancy, or maintenance fee on gift cards and gift certificates issued by merchants or persons acting on behalf of merchants; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.

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SB 444. By Senator Kemp of the 46th:
A BILL to be entitled an Act to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to provide that a county may belong to more than one joint development authority; to provide a maximum income tax credit for businesses locating within a county that is a member of more than one joint development authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SR 624. By Senators Price of the 56th, Stephens of the 51st, Hamrick of the 30th and Thomas of the 54th:
A RESOLUTION urging the Governor to issue an executive order requesting EdGeorgia, LLC to establish an educational loan secondary market in Georgia; and for other purposes.
Referred to the Higher Education Committee.
SR 626. By Senators Seabaugh of the 28th and Hamrick of the 30th:
A RESOLUTION honoring George William Potts and designating the George W. Potts Highway; and for other purposes.
Referred to the Transportation Committee.
SR 632. By Senators Squires of the 5th and Harp of the 16th:
A RESOLUTION commending Lord Laird of Artigarvan and designating May as Scots-Irish Month in Georgia; and for other purposes.
Referred to the Rules Committee.
The following House legislation was read the first time and referred to committee:
HB 363. By Representatives Fludd of the 48th, Post 4, Greene-Johnson of the 60th, Post 3, Marin of the 66th, Floyd of the 69th, Post 2 and Holmes of the 48th, Post 1:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for supplying copies of electronic text versions of certain textbooks to local boards of education upon request; to authorize local boards of education to provide

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139

electronic versions of textbooks to schools and students; and for other purposes.
Referred to the Education Committee.
HB 472. By Representatives Powell of the 23rd, Howell of the 92nd and Parham of the 94th:
A BILL to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, so as to change the term of registration for solicitor agents; to change the registration fee; to change certain disclosure requirements; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 987. 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 entitled "An Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Board of Water Commissioners," so as to define a certain term; to raise the employee contribution; to increase the benefit calculation factor; to change the vesting provision; to grant a cost of living adjustment to retirees and beneficiaries; and for other purposes.
Referred to the Retirement Committee.
HB 1120. By Representative Parrish of the 102nd:
A BILL to amend an Act relating to the board of commissioners of Johnson County, so as to provide for reapportionment or redistricting of the districts from and by which members of the board of commissioners are elected; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1121. By Representative Parrish of the 102nd:
A BILL to provide for reapportionment or redistricting of the districts from and by which members of the board of education of Johnson County are elected; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 1143. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Quitman County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1144. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Randolph County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1146. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Clay County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1164. By Representatives Lunsford of the 85th, Post 2, Howell of the 92nd, Jenkins of the 93rd and Yates of the 85th, Post 1:
A BILL to create a board of elections and registration for Butts County and provide for its powers and duties; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
Senator Adelman of the 42nd introduced Yokneam and Megiddo community leaders, commended by SR 628, adopted previously. Spokesperson Dvora Moshe addressed the Senate briefly.

The following committee reports were read by the Secretary:

Mr. President: The Agriculture and Consumer Affairs Committee has had under consideration the

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following legislation and has instructed me to report the same back to the Senate with the following recommendation:

SB 401

Do Pass

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

Mr. President:

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

SB 425 SR 575 SR 588

Do Pass as amended Do Pass Do Pass by substitute

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

The following legislation was read the second time:

SB 184

SB 393

SB 395

SB 400

SB 411

SR 561

Senator Stephens of the 51st asked unanimous consent that Senator Mullis of the 53rd be excused. The consent was granted, and Senator Mullis was excused.

Senator Brown of the 26th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused.

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

Senator Tate of the 38th asked unanimous consent that Senator Stokes of the 43rd be excused. The consent was granted, and Senator Stokes was excused.

Senator Tate of the 38th asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused.

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

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

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

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

Not answering were Senators:

Blitch Henson (Excused) Stokes (Excused)

Golden (Excused) Kemp, R (Excused) Thomas, N

Harbison (Excused) Mullis (Excused)

Senator Thomas of the 10th 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 Hudgens of the 47th introduced the chaplain of the day, Reverend Bill Ricketts of Athens, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 599. By Senators Hill of the 4th, Harp of the 16th and Tolleson of the 18th:
A RESOLUTION recognizing 4-H Day at the state capitol and commending Nekeisha Randall, Dr. Roger (Bo) Ryles, and Dr. Gale A. Buchanan; and for other purposes.

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SR 600. By Senators Hill of the 4th, Harp of the 16th and Tolleson of the 18th: A RESOLUTION recognizing and commending Nekeisha Randall; and for other purposes.
SR 601. By Senators Hill of the 4th, Smith of the 25th and Crotts of the 17th: A RESOLUTION commending Seth Wemberly; and for other purposes.
SR 602. By Senators Hill of the 4th, Stephens of the 51st and Jackson of the 50th: A RESOLUTION commending Clayton Meeks; and for other purposes.
SR 603. By Senators Hill of the 4th and Williams of the 19th: A RESOLUTION commending Chastity Williams; and for other purposes.
SR 604. By Senators Hill of the 4th, Williams of the 19th and Bowen of the 13th: A RESOLUTION commending Richard Greer; and for other purposes.
SR 605. By Senators Hill of the 4th, Bowen of the 13th and Bulloch of the 11th: A RESOLUTION commending Tyler Poole; and for other purposes.
SR 606. By Senators Hill of the 4th, Crotts of the 17th, Brush of the 24th and Lee of the 29th: A RESOLUTION recognizing and commending Anna Daniel; and for other purposes.
SR 607. By Senator Hill of the 4th: A RESOLUTION recognizing and commending Bessy Lewis; and for other purposes.
SR 608. By Senators Hill of the 4th, Blitch of the 7th and Bowen of the 13th: A RESOLUTION recognizing and commending Melissa Lee; and for other purposes.

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SR 609. By Senators Hill of the 4th, Harp of the 16th and Tolleson of the 18th:
A RESOLUTION recognizing and commending Ashley Justice; and for other purposes.
SR 610. By Senators Hill of the 4th and Blitch of the 7th:
A RESOLUTION recognizing and commending Jenna Knight; and for other purposes.
SR 611. By Senators Hill of the 4th, Harp of the 16th and Tolleson of the 18th:
A RESOLUTION recognizing and commending Matthew Williams; and for other purposes.
SR 612. By Senators Hill of the 4th, Blitch of the 7th and Bowen of the 13th:
A RESOLUTION recognizing and commending Daniel Tankersley; and for other purposes.
SR 613. By Senators Hill of the 4th, Blitch of the 7th and Bowen of the 13th:
A RESOLUTION recognizing and commending Jonathan Barber; and for other purposes.
SR 614. By Senators Hill of the 4th, Blitch of the 7th and Bowen of the 13th:
A RESOLUTION recognizing and commending Ashley Chestnut; and for other purposes.
SR 615. By Senators Hill of the 4th, Unterman of the 45th, Jackson of the 50th, Hudgens of the 47th and Cagle of the 49th:
A RESOLUTION recognizing and commending Khalil Khlifi; and for other purposes.
SR 616. By Senators Hill of the 4th and Bulloch of the 11th:
A RESOLUTION recognizing and commending Natalie Smith; and for other purposes.

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SR 617. By Senators Hill of the 4th, Kemp of the 3rd and Johnson of the 1st:
A RESOLUTION recognizing and commending Hannah McCoy; and for other purposes.
SR 618. By Senators Hill of the 4th, Kemp of the 3rd and Johnson of the 1st:
A RESOLUTION recognizing and commending Loni Lewis; and for other purposes.
SR 622. By Senator Shafer of the 48th:
A RESOLUTION commending Megan McCachren, Miss Teen Georgia International; and for other purposes.
SR 623. By Senator Shafer of the 48th:
A RESOLUTION commending Hilton H. Howell, Jr.; and for other purposes.
SR 625. By Senators Johnson of the 1st, Thomas of the 2nd and Mullis of the 53rd:
A RESOLUTION acknowledging and expressing appreciation for the New Georgia Encyclopedia; and for other purposes.
SR 627. By Senators Johnson of the 1st and Blitch of the 7th:
A RESOLUTION commending the Camden County High School football team and its coaches; and for other purposes.
SR 628. By Senators Adelman of the 42nd and Levetan of the 40th:
A RESOLUTION recognizing and welcoming community leaders of Yokneam and Megiddo, Israel; and for other purposes.
SR 629. By Senators Tolleson of the 18th, Harp of the 16th, Hill of the 4th and Brown of the 26th:
A RESOLUTION honoring Major General Donald J. Wetekam; and for other purposes.
SR 630. By Senators Hill of the 4th, Cheeks of the 23rd and Gillis of the 20th:
A RESOLUTION commending Officer Jamey Holloway on his selection as

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the Peace Officer of the Year for Valor; and for other purposes.

SR 631. By Senators Hill of the 4th, Jackson of the 50th and Smith of the 52nd:

A RESOLUTION commending Corporal Stanley Elrod as the Peace Officer of the Year for Meritorious Service; and for other purposes.

SR 633. By Senator Bulloch of the 11th:

A RESOLUTION recognizing and commending the Georgia Farm Bureau Federation; and for other purposes.

SR 634. By Senators Brush of the 24th, Dean of the 31st, Thomas of the 2nd, Starr of the 44th, Balfour of the 9th and others:

A RESOLUTION congratulating Dr. Bill Gambill on the occasion of his retirement; and for other purposes.

SR 635. By Senators Brush of the 24th, Levetan of the 40th, Thomas of the 2nd, Starr of the 44th, Balfour of the 9th and others:

A RESOLUTION honoring and congratulating Dr. Billie J. Sherrod; and for other purposes.

SR 636. By Senators Cheeks of the 23rd and Gillis of the 20th:

A RESOLUTION commending the City of Swainsboro on being named a 2004 City of Excellence; and for other purposes.

The following resolution was read by the Secretary:

SR 632.

A RESOLUTION commending Lord Laird of Artigarvan and designating May as Scots-Irish Month in Georgia; and for other purposes.

Senator Thomas of the 10th introduced the doctor of the day, Dr Michael Smith.

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

January 27, 2004

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147

TO:

Honorable Frank Eldridge

Secretary of the Senate

FROM: Senator Rooney Bowen

RE:

SB 432

This will confirm that as of 11:45 am this date, I have requested that my name be removed as a co-sponsor of the above-named legislation.

Thank you.

/s/ Rooney Bowen

Senator Stephens of the 51st moved that the Senate stand adjourned pursuant to HR 944, until 10:00 a.m., Thursday, January 29, 2004; the motion prevailed, and at 10:53 a.m., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Thursday, January 29, 2004 Eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bills and Resolution of the House:
HB 365. By Representative Reece of the 11th:
A BILL to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the green tree frog as the official state amphibian; and for other purposes.
HB 677. By Representatives Smith of the 87th, Greene of the 134th, Royal of the 140th, Westmoreland of the 86th, Golick of the 34th, Post 3 and others:
A BILL to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection through state income tax refunds, so as to provide for setoff of a state income tax refund due an individual against debt to the Department of Corrections for probation fees or debt to another for restitution ordered by a court as part of the sentence after conviction of a crime in certain circumstances; and for other purposes.
HB 1058. By Representatives Bruce of the 45th, Williams of the 128th, Murphy of the 97th, Mosby of the 59th, Post 3, Ashe of the 42nd, Post 2 and others:
A BILL to amend Article 4A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to community involvement in education, so

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149

as to enact the "Parental Leave Act"; to provide that an employee who is a parent of a child or children enrolled in a local school system shall be permitted time off from his or her employment to attend a school related event; and for other purposes.
HB 1118. By Representative McBee of the 74th:
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.
HR 1045. By Representatives Manning of the 32nd, Parsons of the 29th, Noel of the 44th, Teilhet of the 34th, Post 2, Dooley of the 33rd, Post 3 and others:
A RESOLUTION recognizing and commending the Marietta Fire Department on one hundred fifty years of service; and for other purposes.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 445. By Senators Balfour of the 9th, Adelman of the 42nd, Tanksley of the 32nd, Zamarripa of the 36th and Tate of the 38th:
A BILL to be entitled an Act to amend Chapter 90 of Title 36, the "Local Government Cable Fair Competition Act of 1999," so as to define certain terms; to provide for the ratification of an authorization for a county or municipal corporation to provide cable service or information services; to provide for a referendum; to provide for the maintenance of certain records; to prohibit the cross-subsidization of the cost of providing such services; to provide for the filing of a report relating to finances in the county probate court; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 446. By Senators Cheeks of the 23rd, Crotts of the 17th, Balfour of the 9th, Stephens of the 51st, Lee of the 29th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to regulation of lobbyists and lobbying, so as to provide that it shall be unlawful for any state government organization, officer, or employee to expend public funds for lobbying; to

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provide that it shall be unlawful for any person or organization to expend funds appropriated by the General Assembly for lobbying; to provide that it shall be unlawful for any lobbyist or other person to accept such funds; to provide an exception for the regular compensation of state officers and employees; to provide for criminal and civil penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.
The following House legislation was read the first time and referred to committee:
HB 365. By Representative Reece of the 11th:
A BILL to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the green tree frog as the official state amphibian; and for other purposes.
Referred to the State Institutions and Property Committee.
HB 677. By Representatives Smith of the 87th, Greene of the 134th, Royal of the 140th, Westmoreland of the 86th, Golick of the 34th, Post 3 and others:
A BILL to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection through state income tax refunds, so as to provide for setoff of a state income tax refund due an individual against debt to the Department of Corrections for probation fees or debt to another for restitution ordered by a court as part of the sentence after conviction of a crime in certain circumstances; and for other purposes.
Referred to the Finance Committee.
HB 1058. By Representatives Bruce of the 45th, Williams of the 128th, Murphy of the 97th, Mosby of the 59th, Post 3, Ashe of the 42nd, Post 2 and others:
A BILL to amend Article 4A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to community involvement in education, so as to enact the "Parental Leave Act"; to provide that an employee who is a parent of a child or children enrolled in a local school system shall be permitted time off from his or her employment to attend a school related event; and for other purposes.
Referred to the Insurance and Labor Committee.

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151

HB 1118. By Representative McBee of the 74th:

A BILL to amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees, so as to provide that deductions are authorized for the purpose of contributing to savings trust accounts established under the Georgia Higher Education Savings Plan; and for other purposes.

Referred to the Finance Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 405

Do Pass by substitute Respectfully submitted, Senator Cheeks of the 23rd 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 recommendation:

SB 394 SB 428 SB 429

Do Pass by substitute Do Pass by substitute Do Pass by substitute
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 recommendation:

SR 580

Do Pass by substitute Respectfully submitted, Senator Cagle of the 49th District, Chairman

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Mr. President:

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

SB 406 SB 430

Do Pass by substitute Do Pass
Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

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

SB 407 SB 426 SB 427

Do Pass as amended Do Pass Do Pass

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

Mr. President:

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

SB 421

Do Pass by substitute Respectfully submitted, Senator Unterman of the 45th District, Chairman

The following legislation was read the second time:

SB 401

SB 425

SR 575

SR 588

Senator Hall of the 22nd asked unanimous consent that Senator Cheeks of the 23rd be excused. The consent was granted, and Senator Cheeks was excused.

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

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153

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Tanksley of the 32nd be excused. The consent was granted, and Senator Tanksley was excused.

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

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

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

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

Not answering were Senators:

Blitch Thomas, R

Cheeks (Excused) Thompson (Excused)

Tanksley (Excused)

Senator Blitch 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 Balfour of the 9th introduced the chaplain of the day, Dr. Russ Shinpoch of Snellville, Georgia, who offered scripture reading and prayer.

Senator Butler of the 55th introduced the doctor of the day, Dr. Doug Lowery.

The following resolutions were read and adopted:

SR 637. By Senator Tolleson of the 18th:

A RESOLUTION commending and congratulating the Georgia National Fair

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on its 2003 Agricultural Awards of Excellence and its Hall of Honor Communications Award; and for other purposes.

HR 1045. By Representatives Manning of the 32nd, Parsons of the 29th, Noel of the 44th, Teilhet of the 34th, Post 2, Dooley of the 33rd, Post 3 and others:

A RESOLUTION recognizing and commending the Marietta Fire Department on one hundred fifty years of service; and for other purposes.

SENATE CALENDAR THURSDAY, JANUARY 29, 2004
EIGHTH LEGISLATIVE DAY

SB 184

Arson or Explosives used during commission of a felony; penalties (JUDY-53rd)

SB 393

Ad valorem tax; member of armed forces; time extensions (FIN-1st)

SB 395

Master Settlement Agreement; nonparticipants; release of funds from escrow accounts (Substitute)(ED&T-18th)

SB 400

Levi's Call; exempt broadcasters from civil liability; conditions and limitation (Substitute)(JUDY-48th)

SB 411

Supersedeas Bonds; provide for other types of security (Substitute)(JUDY-32nd)

SR 561

Zell Bryan Miller Tribute Commission; create (RULES-51st)

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.

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

SB 184. By Senators Mullis of the 53rd, Hamrick of the 30th, Bowen of the 13th, Smith of the 52nd, Shafer of the 48th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to provide for additional offenses constituting the crimes of arson in the first, second, and third degree; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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155

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

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

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

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

SB 184, having received the requisite constitutional majority, was passed.

SB 393. By Senators Johnson of the 1st, Harp of the 16th, Cagle of the 49th and Tolleson of the 18th:

A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for certain time extensions with respect to ad valorem taxation for certain members of the armed forces of the United States; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senator Johnson of the 1st offered the following amendment:

Amend SB 393 by inserting between lines 15 and 16 of page 1 the following:

"SECTION 1A.

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Said chapter is further amended by adding a new subsection at the end of Code Section 48-5-45, relating to homestead exemption applications, to read as follows:
'(f)(1) Notwithstanding any provision of this Code section to the contrary, an applicant for a homestead exemption as provided for in Code Section 48-5-44 who is a member of the armed forces of the United States serving outside the continental United States may file a written application and schedule with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation at any time during the calendar year. (2) The failure to file properly the application and schedule on or before June 1 of a calendar year shall constitute a waiver of the homestead exemption for that year.'"

On the adoption of the amendment, the yeas were 34, nays 0, and the Johnson 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:

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

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

SB 393, having received the requisite constitutional majority, was passed as amended.

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SB 395. By Senators Tolleson of the 18th, Hamrick of the 30th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 10-13-3 of the Official Code of Georgia Annotated, relating to deposits into escrow accounts under the Master Settlement Agreement with tobacco product manufacturers, so as to change a provision relating to release of funds from escrow for tobacco product manufacturers who are not participating manufacturers under the Master Settlement Agreement; to provide for severability; to repeal conflicting laws; and for other purposes.
The Senate Economic Development and Tourism Committee offered the following substitute to SB 395:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 10-13-3 of the Official Code of Georgia Annotated, relating to deposits into escrow accounts under the Master Settlement Agreement with tobacco product manufacturers, so as to change a provision relating to release of funds from escrow for tobacco product manufacturers who are not participating manufacturers under the Master Settlement Agreement; to provide for severability; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 10-13-3 of the Official Code of Georgia Annotated, relating to deposits into escrow accounts under the Master Settlement Agreement with tobacco product manufacturers, is amended by striking subparagraph (B) of paragraph (2) and inserting in lieu thereof the following:
"(B) A tobacco product manufacturer that places funds into escrow pursuant to subparagraph (A) of this paragraph shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall be released from escrow only under the following circumstances:
(i) To pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the state or any releasing party located or residing in the state. Funds shall be released from escrow under this division: (I) in the order in which they were placed into escrow; and (II) only to the extent and at the time necessary to make payments required under such judgment or settlement; (ii) To the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow on account of units sold in the state in a particular year was greater than the states allocable share of the total payments that such manufacturer would have been required to make in that year under the

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Master Settlement Agreement (as determined pursuant to section IX(i)(2) of the Master Settlement Agreement, and before any of the adjustments or offsets described in section IX(i)(3) of that Agreement other than the Inflation Adjustment) the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that Agreement including after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold had it been a participating manufacturer, the excess shall be released from escrow and revert back to such tobacco product manufacturer; or (iii) To the extent not released from escrow under division (i) or (ii) of this subparagraph, funds shall be released from escrow and revert back to such tobacco product manufacturer 25 years after the date on which they were placed into escrow."
SECTION 2. If this Act, or any portion of the amendment to division (ii) of subparagraph (B) of paragraph (2) of Code Section 10-13-3 made by this Act, is held by a court of competent jurisdiction to be unconstitutional, then such division (ii) shall be deemed to be repealed in its entirety. If subparagraph (B) of paragraph (2) of Code Section 10-13-3 shall thereafter be held by a court of competent jurisdiction to be unconstitutional, then this Act shall be deemed repealed, and division (ii) of subparagraph (B) of paragraph (2) of Code Section 10-13-3 shall be restored as if no such amendments had been made. Neither any holding of unconstitutionality nor the repeal of division (ii) of subparagraph (B) of paragraph (2) of Code Section 10-13-3 shall affect, impair, or invalidate any other portion of Code Section 10-13-3, or the application of such Code section to any other person or circumstance, and such remaining portions of Code Section 10-13-3 shall at all times continue in force and effect.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall govern all requests for the release of escrow moneys made on or after such date.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the committee substitute was adopted.

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

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

E Adelman Y Balfour Y Blitch

Y Harbison Y Harp Y Henson

Y Seay Y Shafer Y Smith,F

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159

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

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

SB 395, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

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

January 29, 2004

Dear Mr. Eldridge:

Today when we voted on Senate Bill 395 I did cast a yes vote; however, it did not register on the board.

Would you please correct this for me, and call me at 404-463-1318 if you have any questions. Thank you for your assistance.

Very truly yours,

/s/ Charles C. Clay

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SB 400. By Senators Lee of the 29th, Shafer of the 48th and Smith of the 52nd:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for an exemption from civil liability with respect to broadcasters who are engaged in Levis Call: Georgias Amber Alert Program; to provide for definitions; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Judiciary Committee offered the following substitute to SB 400:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for an exemption from civil liability with respect to broadcasters who are engaged in Levis Call: Georgias Amber Alert Program; to provide for definitions; to provide for conditions and limitations; 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 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding a new Code section at the end thereof to be designated Code Section 51-1-50, to read as follows:
"51-1-50. (a) As used in this Code section, the term:
(1) 'Broadcast' means the transmission of video or audio programming by an electronic or other signal conducted by radiowaves or microwaves, by wires, lines, coaxial cables, wave guides or fiber optics, by satellite transmissions directly or indirectly to viewers or listeners or by any other means of communication. (2) 'Broadcaster' means any corporation or other entity that is engaged in the business of broadcasting video or audio programming, whether through the public airwaves, by cable, by direct or indirect satellite transmission or by any other means of communication. (3) 'Levis Call: Georgias Amber Alert Program' means the voluntary program entered into by the Georgia Bureau of Investigation, the Georgia Emergency Management Agency, the Georgia Association of Broadcasters, and certain broadcasters licensed to serve in the State of Georgia; which program provides that if the Georgia Bureau of Investigation verifies that a child has been abducted and is in danger, an alert containing known details of the abduction is transmitted to Georgia Emergency Management Agency, which is then transmitted by Georgia Emergency

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161

Management Agency to broadcasters in Georgia; and those broadcasters participating in the program then broadcast or otherwise disseminate the alert to listeners, viewers, or subscribers. (b) Any broadcaster participating in Levis Call: Georgias Amber Alert Program shall not be liable for any civil damages arising from the broadcast or other dissemination of any alert generated pursuant to the Levis Call: Georgias Amber Alert Program. The immunity provided for in this Code section shall apply to any broadcast or dissemination of information that is substantially consistent with the information transmitted by the Georgia Emergency Management Agency and that takes place during an alert requested by the Georgia Emergency Management Agency and for a period of two hours after such alert has ended or the Georgia Emergency Management Agency informs the participating broadcasters that the alert has changed in content. (c) Nothing in this Code section shall be construed to limit or restrict in any way any legal protection a broadcaster may have under any other law for broadcasting or otherwise disseminating any information."

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

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

On the adoption of the substitute, the yeas were 42, nays 0, and the committee substitute was adopted.

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

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

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 Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee

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

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

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

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

On the passage of the bill, the yeas were 53, nays 0.

SB 400, having received the requisite constitutional majority, was passed by substitute.

SB 411. By Senator Tanksley of the 32nd:

A BILL to be entitled an Act to amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to the operation of the notice of appeal acting as supersedeas bond in civil cases, the requirements of the supersedeas bond including the amount, the procedure where there is an insufficient filing, and the suretys liability as to the bond, so as to change certain provisions relating to the type of security allowed for supersedeas; to provide for global supersedeas for all appeals; to provide for a maximum allowable bond or security for supersedeas; to amend Code Section 9-12-134 of the O.C.G.A., relating to appeal or stay of a foreign judgment, so as to correct a crossreference; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

The Senate Judiciary Committee offered the following substitute to SB 411:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to the operation of the notice of appeal acting as supersedeas bond in civil cases, the requirements of the supersedeas bond including the amount, the procedure where there is an insufficient filing, and the suretys liability as to the bond, so as to change certain provisions relating to the type of security allowed for supersedeas; to provide for global supersedeas for all appeals; to provide for a maximum allowable bond or security for all appellants collectively for supersedeas; to amend Code Section 9-12-134 of the Official Code of Georgia Annotated, relating to appeal or stay of a foreign judgment, so as to correct a cross-reference; to provide for related matters; 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:

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SECTION 1. Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to the operation of the notice of appeal acting as supersedeas bond in civil cases, the requirements of the supersedeas bond including the amount, the procedure where there is an insufficient filing, and the suretys liability as to the bond, is amended by striking the Code section and inserting in lieu thereof the following:
"5-6-46. (a) In civil cases, the notice of appeal filed as provided in Code Sections 5-6-37 and 56-38 shall serve as supersedeas upon payment of all costs in the trial court by the appellant and it shall not be necessary that a supersedeas bond or other form of security be filed; provided, however, that upon motion by the appellee, made in the trial court before or after the appeal is docketed in the appellate court, the trial court shall require that supersedeas bond or other form of security be given with such surety and in such amount as the court may require, conditioned for the satisfaction of the judgment in full, together with costs, interest, and damages for delay, if for any reason the appeal is dismissed or is found to be frivolous, and to satisfy in full such modification of the judgment and such costs, interest, and damages as the appellate court may award. When the judgment is for the recovery of money not otherwise secured, the amount of the bond or other form of security shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs on the appeal, interest, and damages for delay, unless the court after notice and hearing and for good cause shown fixes a different lesser amount or orders security other than the bond. When the judgment determines the disposition of the property in controversy as in real actions, trover, and actions to foreclose mortgages and other security instruments, or when such property is in the custody of the sheriff or other levying officer, or when the proceeds of such property or a bond for its value are in the custody or control of the court, the amount of the supersedeas bond or other form of security shall be fixed at such sum only as will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest, and damages for delay. (b) Notwithstanding subsection (a) of this Code section, in any civil case under any legal theory, including cases involving individual, aggregated, class-action, or otherwise joined claims, the amount of supersedeas bond or other form of security to be furnished during the pendency of all appeals or discretionary reviews of any judgment granting legal, equitable, or any other form of relief or damages, including compensatory, special, punitive, exemplary, or other damages, in order to stay execution of the judgment during the entire course of appellate review by any court shall be set in accordance with applicable laws or court rules, but the total supersedeas bond or other form of security that is required of all appellants collectively shall not exceed $25 million regardless of the value of the judgment. (b)(c) If supersedeas bond or other form of security is not filed within the time specified by the judge, or if the bond or other form of security filed is found insufficient, a bond or other form of security may be filed at such time as may be fixed by the trial court.

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(c)(d) By entering into an appeal or supersedeas bond or other form of security given pursuant to this Code section, the surety submits himself or herself to the jurisdiction of the court and irrevocably appoints the clerk of the court as his the suretys agent upon whom any papers affecting his the suretys liability on the bond may be served. His The suretys liability may be enforced on motion without the necessity of notice or an independent action. (d)(e) Nothing in this Code section shall deprive the superior courts of their separate power to grant supersedeas under paragraph (1) of Code Section 15-6-9, nor deprive the appellate courts of the power to grant supersedeas in such manner as they may determine to meet the ends of justice. (e) If the appellee in a civil action obtains a judgment including punitive damages and the appellant files a notice of appeal of the judgment in order to obtain review by an appellate court, the supersedeas bond for the punitive damages portion of the judgment shall not exceed $25 million. (f) If after notice and hearing the court finds that the an appellee has proven proves by a preponderance of the evidence that a party bringing an appeal, for whom the supersedeas bond requirement or other form of security has been limited pursuant to subsection (e) (b) of this Code section, is purposefully dissipating or secreting its assets, or diverting assets outside the jurisdiction of the United States courts, the limitation contained in subsection (e) of this Code section shall not apply ordinary course of business to avoid payment of a judgment, a court may require the appellant to post a bond or other form of security in an amount not to exceed the total amount of the judgment."
SECTION 2. Code Section 9-12-134 of the Official Code of Georgia Annotated, relating to appeal or stay of a foreign judgment, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b) If the judgment debtor shows the court any ground on which enforcement of a judgment of the court of this state would be stayed, including the ground that an appeal from the foreign judgment is pending or will be taken or that the time for taking such an appeal has not yet expired, the court shall stay enforcement of the foreign judgment for an appropriate period until all available appeals are concluded or the time for taking all appeals has expired and require the same security for satisfaction of the judgment that is required in this state, subject to the provisions of subsections (e) through (b) and (f) of Code Section 5-6-46."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. This Act shall apply to any case pending on or filed on or after the effective date of this Act.

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SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Tanksley of the 32nd offered the following amendment:

Amend the Senate Judiciary Committee substitute to SB 411 (LC 29 1124ERS) by striking line 6 of page 3 and inserting the following: "of this Code section, is purposefully dissipating or secreting its assets, or diverting assets".

On the adoption of the amendment, the yeas were 40, nays 0, and the Tanksley amendment 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:

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 Y Golden Y Hall Y Hamrick

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

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

On the passage of the bill, the yeas were 53, nays 0.

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SB 411, having received the requisite constitutional majority, was passed by substitute.
The following communication was received by the Secretary:
The State Senate Atlanta, Georgia 30334
January 29, 2004
Honorable Frank Eldridge Secretary of the Senate State Capitol Atlanta, Georgia
Dear Mr. Eldridge:
Unfortunately I missed a vote on SB 411 in the Senate this morning. Had I been able to vote, I would have voted yes.
Thank you very much for your assistance.
Sincerely yours,
/s/ Faye Smith State Senator
SR 561. By Senators Stephens of the 51st, Balfour of the 9th and Mullis of the 53rd:
A RESOLUTION creating the Zell Bryan Miller Tribute Commission; authorizing the placement of a statue on the grounds of the State Capitol Building; and for other purposes.
Senators Fort of the 39th, Brown of the 26th, Thomas of the 10th, Harbison of the 15th and Stokes of the 43rd offered the following amendment:
Amend SR 561 by striking line 1 of page 1 and inserting in lieu thereof the following: "Creating the Zell Bryan Miller Tribute Commission; creating the Henry McNeal Turner Tribute Commission; authorizing the placement of statues".
By striking the symbol "." at the end of line 5 of page 2 and inserting in lieu thereof the symbol and word "; and" and by inserting immediately following line 5 of page 2 the following:
"WHEREAS, Henry McNeal Turner was born near Abbeville, South Carolina in 1834

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and was licensed to preach in 1853. During the Civil War, he became the first African American to hold the position of chaplain in the U.S. Army, and after the war he was active in Georgia state politics and he served in the General Assembly. When African Americans were expelled from the General Assembly in 1868, he delivered a rousing oratory in protest of their treatment. He became the twelfth A.M.E. Bishop in 1880 and for 12 years he served as chancellor of Morris Brown College, now Morris Brown University, and he donated land in Atlanta for the construction of a school for African American children, and it is only right that this great man in Georgia history be recognized."

By inserting immediately following line 4 of page 3 the following:

"SECTION 4. (a) There is created the Henry McNeal Turner Tribute Commission to be selected as follows: two members appointed by the Governor, with a chairperson and vice chairperson to be designated by the Governor from among these members; two members to be appointed by the President of the Senate; one member each to be appointed by the Georgia Senate Majority and Minority Leaders; two members to be appointed by the Speaker of the Georgia House of Representatives; and one member each to the appointed by the Majority and Minority Leaders of the Georgia House of Representatives. (b) The members of the commission shall serve without compensation. The commission shall exist for an indefinite term and shall be dissolved by resolution of the commission upon completion of its work. (c) The commission is authorized to perform all of the functions described in Section 2 of this Resolution for the purposes of honoring Henry McNeal Turner. (d) Upon completion of the commissions work, the Governor shall be authorized to accept and provide for the dedication of a statue of Henry McNeal Turner to be placed on or adjacent to the grounds of the State Capitol Building."

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

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

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

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

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

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

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

On the adoption of the amendment, the yeas were 19, nays 31, and the Fort, et al. 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:

E Adelman Y Balfour Y Blitch Y Bowen
Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks
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
Tate Y Thomas,D Y Thomas,N N Thomas,R E Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 49, nays 1.

SR 561, having received the requisite constitutional majority, was adopted.

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The President introduced six-time Mr. Olympia and Presidential Fitness Advisor, Lee Haney. Mr. Haney addressed the Senate briefly.
Senator Stephens of the 51st moved that the Senate adjourn until 9:00 a.m., Friday, January 30, 2004.
The motion prevailed, and the President announced the Senate adjourned at 12:09 p.m.

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Senate Chamber, Atlanta, Georgia Friday, January 30, 2004 Ninth Legislative Day
The Senate met pursuant to adjournment at 9:00 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 and Resolutions of the House:

HB 58.

By Representative Buckner of the 82nd:

A BILL to amend Article 3 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state enforcement regarding revenue laws, so as to provide for additional requirements of the state revenue commissioner in the event a tax lien is erroneously placed on property of a taxpayer; and for other purposes.

HB 198.

By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Jamieson of the 22nd, Coleman of the 65th and others:

A BILL to amend Part 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Professional Standards Act," so as to revise provisions relating to the Professional Standards Commission and its powers and duties; to provide that members of local boards of education shall be subject to the jurisdiction of the commission; and for other purposes.

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HB 648.

By Representatives Ray of the 108th, Purcell of the 122nd, James of the 114th, Black of the 144th, Jenkins of the 93rd and others:
A BILL to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the regulation of certain poultry production contracts and practices related thereto; and for other purposes.

HB 821.

By Representatives Benfield of the 56th, Post 1 and Oliver of the 56th, Post 2:
A BILL to amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to allow certain courts to create and administer pretrial intervention and diversion programs; and for other purposes.

HB 1063. By Representatives Westmoreland of the 86th, Lunsford of the 85th, Post 2 and Yates of the 85th, Post 1:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of motorized cart; to exempt persons from driver's license requirements when operating motorized carts under certain circumstances; to change certain provisions relating to authority of local bodies regarding motorized carts and crossing of streets under jurisdiction of the Department of Transportation; and for other purposes.
HB 1127. By Representatives DeLoach of the 127th, Lane of the 101st, Barnard of the 121st, Post 1, Parrish of the 102nd and Oliver of the 121st, Post 2:
A BILL to provide a new charter for the City of Brooklet; and for other purposes.
HB 1156. By Representatives Powell of the 23rd, Smith of the 13th, Post 2 and Snow of the 1st:
A BILL 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; and for other purposes.

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HB 1176. By Representatives Martin of the 37th, Jones of the 38th, Powell of the 23rd, Chambers of the 53rd and Millar of the 52nd:

A BILL to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to parking for persons with disabilities, so as to provide for parking permits for blind persons; and for other purposes.

HB 1207. By Representatives Coleman of the 118th, Buck of the 112th, Burkhalter of the 36th, Golick of the 34th, Post 3 and O`Neal of the 117th:

A BILL to amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and midyear adjustment reserve, so as to authorize the General Assembly of Georgia to appropriate $208,632,306 for Fiscal Year 2004 and 7 million for State Fiscal Year 2005 from the revenue shortfall reserve; and for other purposes.

HR 614.

By Representatives Reece of the 11th, Childers of the 13th, Post 1, Stephens of the 123rd, Smith of the 13th, Post 2, Birdsong of the 104th and others:

A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for creation of a Georgia War Veterans Nursing Home Trust Fund from which funds shall be disbursed for enhancement of the state's veterans nursing homes and the provision of care to residents of such homes; and for other purposes.

HR 985.

By Representatives Morris of the 120th, Lane of the 101st, Coleman of the 118th, Skipper of the 116th and Porter of the 119th:

A RESOLUTION proposing an amendment to the Constitution so as to provide that hunting and fishing and the taking of game and fish shall be preserved and managed for the public good; and for other purposes.

The House has agreed to the Senate substitute to the following Bill of the House:

HB 373. By Representative Twiggs of the 8th:

A BILL to amend Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electric membership corporations and foreign electric cooperatives, so as to require prior approval of transmission lines to be built for or on behalf of such entities; to define terms; to provide for a power plant and transmission line siting committee; to provide for the

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membership of the committee and their service and compensation; and for other purposes.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 447. By Senators Kemp of the 3rd, Thomas of the 54th, Thomas of the 2nd, Price of the 56th, Butler of the 55th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions related to examination and treatment for mental illness, so as to prohibit the use of prior authorization or other restrictions on medications prescribed for patients receiving treatment for certain mental illnesses under a Medicaid or any state funded health care program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 448. By Senators Price of the 56th and Levetan of the 40th:
A BILL to be entitled an Act to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to change certain provisions regarding authorized investments of the State Depository Board; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 449. By Senators Seabaugh of the 28th and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the O.C.G.A., relating to accountants, so as to repeal certain provisions relating to registered public accountants; to provide that public accountants shall upon application be certificated as certified public accountants; to remove references to registered public accountants; to amend Chapter 40 of Title 43 of the O.C.G.A., relating to real estate brokers and salespersons; to amend Article 13 of Chapter 1 of Title 7 of the O.C.G.A., relating to licensing of mortgage lenders and mortgage brokers, to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

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SB 450. By Senators Henson of the 41st, Tate of the 38th, Stokes of the 43rd and Adelman of the 42nd:
A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to change certain provisions relating to definitions; to change certain provisions relating to classification of public roads; to change certain provisions relating to operation of facilities or systems and financial assistance to systems by the Department of Transportation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.

SB 451. By Senators Henson of the 41st and Stokes of the 43rd:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and disclosure of exempting authority, so as to exempt certain records or information contained in records from the requirements of public disclosure; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.

SB 452. By Senators Thomas of the 10th, Jackson of the 50th, Dean of the 31st, Butler of the 55th and Smith of the 25th:
A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to enact the "Amirah Joyce Adem Act;" to create the offense of female genital mutilation; to provide a penalty; to provide that certain acts shall not constitute affirmative defenses; to provide for exceptions; to provide that certain statutory privileges shall not be available; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 453. By Senators Hamrick of the 30th, Smith of the 52nd and Cagle of the 49th:
A BILL to be entitled an Act to amend Code Section 48-5-48.1 of the Official Code of Georgia Annotated, relating to procedures applicable to the freeport

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personal property inventory exemption, so as to provide for renewal notices; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 454. By Senators Hamrick of the 30th, Smith of the 52nd, Kemp of the 46th and Cagle of the 49th:
A BILL to be entitled an Act to amend Code Section 48-5-42.1 of the Official Code of Georgia Annotated, relating to a personal property tax exemption for certain property, so as to increase the amount of such exemption; to provide for an effective date and applicability; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 455. By Senator Thomas of the 10th:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide that a hospital or other medical facility shall not require a licensed physician to have malpractice or professional liability insurance coverage in order to treat patients at the hospital; to prevent insurers from penalizing such hospitals or other medical facilities; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 456. By Senators Lee of the 29th, Brush of the 24th, Shafer of the 48th and Smith of the 52nd:
A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the O.C.G.A., relating to the Office of School Readiness, so as to change the name of the Office of School Readiness to Bright From The Start: Georgias Office of Early Care and Education; to make the office a separate budget unit; to revise definitions; to change certain provisions relating to the director of the office; to add certain powers and duties of the office; to revise certain references for conformity purposes; to change references to Code Section 49-5-12 to 49-5-3 in certain Code sections in Titles 19 and 31 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.

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SB 457. By Senators Smith of the 25th, Thomas of the 10th, Butler of the 55th, Blitch of the 7th, Kemp of the 3rd and others:
A BILL to be entitled an Act to amend Titles 15, 19, and 24 of the O.C.G.A., relating respectively to courts, domestic relations, and evidence, so as to provide for improved assistance to sexual assault victims; to change provisions relating to district attorney investigators; to change provisions relating to victim assistance coordinators; to provide for definitions; to provide for a sexual abuse protocol committee; to provide for written sexual assault protocol; to provide for duties and responsibilities of a sexual assault protocol committee; to change provisions relating to the child abuse protocol committee; to provide for written sexual assault and exploitation of children protocol; to change provisions relating to disclosure of medical records; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.

SB 458. By Senators Unterman of the 45th, Thomas of the 54th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the O.C.G.A., relating to controlled substances, and Chapter 34 of Title 43 of the O.C.G.A., relating to physicians, acupuncture, physicians assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to comprehensively revise the provisions of law regarding physician assistants; to change the term "physicians assistant" to "physician assistant"; to change the definition of the term "physician assistant"; to provide for related matters; to change various statutory references to "physicians assistant" so that they refer to "physician assistant"; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SR 646. By Senators Hall of the 22nd, Cheeks of the 23rd, Hill of the 4th, Johnson of the 1st, Williams of the 19th and others:
A RESOLUTION designating the Woodpecker Trail; and for other purposes.
Referred to the Transportation Committee.

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

HB 58. By Representative Buckner of the 82nd:
A BILL to amend Article 3 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state enforcement regarding revenue laws, so as to provide for additional requirements of the state revenue commissioner in the event a tax lien is erroneously placed on property of a taxpayer; and for other purposes.
Referred to the Finance Committee.
HB 198. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Jamieson of the 22nd, Coleman of the 65th and others:
A BILL to amend Part 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Professional Standards Act," so as to revise provisions relating to the Professional Standards Commission and its powers and duties; to provide that members of local boards of education shall be subject to the jurisdiction of the commission; and for other purposes.
Referred to the Education Committee.
HB 648. By Representatives Ray of the 108th, Purcell of the 122nd, James of the 114th, Black of the 144th, Jenkins of the 93rd and others:
A BILL to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the regulation of certain poultry production contracts and practices related thereto; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
HB 821. By Representatives Benfield of the 56th, Post 1 and Oliver of the 56th, Post 2:
A BILL to amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to allow certain courts to create and administer pretrial intervention and diversion programs; and for other purposes.
Referred to the Judiciary Committee.

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HB 1063. By Representatives Westmoreland of the 86th, Lunsford of the 85th, Post 2 and Yates of the 85th, Post 1:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of motorized cart; to exempt persons from driver's license requirements when operating motorized carts under certain circumstances; to change certain provisions relating to authority of local bodies regarding motorized carts and crossing of streets under jurisdiction of the Department of Transportation; and for other purposes.
Referred to the Transportation Committee.

HB 1127. By Representatives DeLoach of the 127th, Lane of the 101st, Barnard of the 121st, Post 1, Parrish of the 102nd and Oliver of the 121st, Post 2:
A BILL to provide a new charter for the City of Brooklet; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1156. By Representatives Powell of the 23rd, Smith of the 13th, Post 2 and Snow of the 1st:
A BILL 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; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

HB 1176. By Representatives Martin of the 37th, Jones of the 38th, Powell of the 23rd, Chambers of the 53rd and Millar of the 52nd:
A BILL to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to parking for persons with disabilities, so as to provide for parking permits for blind persons; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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HB 1207. By Representatives Coleman of the 118th, Buck of the 112th, Burkhalter of the 36th, Golick of the 34th, Post 3 and O`Neal of the 117th:
A BILL to amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and midyear adjustment reserve, so as to authorize the General Assembly of Georgia to appropriate $208,632,306 for Fiscal Year 2004 and 7 million for State Fiscal Year 2005 from the revenue shortfall reserve; and for other purposes.
Referred to the Appropriations Committee.
HR 614. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Stephens of the 123rd, Smith of the 13th, Post 2, Birdsong of the 104th and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for creation of a Georgia War Veterans Nursing Home Trust Fund from which funds shall be disbursed for enhancement of the state's veterans nursing homes and the provision of care to residents of such homes; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HR 985. By Representatives Morris of the 120th, Lane of the 101st, Coleman of the 118th, Skipper of the 116th and Porter of the 119th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that hunting and fishing and the taking of game and fish shall be preserved and managed for the public good; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

Senator Smith of the 25th introduced the President of Georgia College and State University, Dr. Dorothy Leland. Dr. Leland addressed the Senate briefly.

The following committee reports were read by the Secretary:
Mr. President:
The Ethics Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

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SB 438 Do Pass

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 recommendation:

SB 337

Do Pass by substitute Respectfully submitted, Senator Tanksley of the 32nd 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 645 SB 361

Do Pass Do Pass by substitute
Respectfully submitted, Senator Seabaugh of the 28th District, Chairman

Mr. President:

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

SB 253 Do Pass

Respectfully submitted, Senator Hudgens of the 47th District, Chairman

Mr. President:

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

SB 49

Do Pass

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

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181

The following legislation was read the second time:

SB 394 SB 405

SB 406 SB 407

SB 421 SB 426

SB 427 SB 428

SB 429 SB 430

SR 580

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr 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 was excused.

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

Senator Seabaugh of the 28th asked unanimous consent that Senator Hall of the 22nd be excused. The consent was granted, and Senator Hall was excused.

Senator Stephens of the 51st asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused.

Senator Seay of the 34th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused.

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

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

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

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

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Not answering were Senators:

Balfour Hall (Excused) Starr (Excused) Thomas, N

Blitch Harbison Tanksley Unterman (Excused)

Golden (Excused) Kemp, R (Excused) Tate (Excused)

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

Senators:

Blitch

Thomas, N

The members pledged allegiance to the flag.

Senator Brown of the 26th introduced the chaplain of the day, Elder L. Benjamin Ridley of Macon, Georgia, who offered scripture reading and prayer.

Senator Shafer of the 48th introduced Miss Teen Georgia International, Megan McCachren, commended by SR 622, adopted previously. Megan McCachren addressed the Senate briefly.

Senators Dean of the 31st, Hamrick of the 30th and Lee of the 29th introduced United States Army Sergeant Major Michael Henry Duke. Sergeant Major Duke addressed the Senate briefly.

Senator Jackson of the 50th introduced the doctor of the day, Dr. Gene Westmoreland.

The following resolutions were read and adopted:

SR 638. By Senator Lee of the 29th:

A RESOLUTION honoring the LaGrange High School Grangers football team; and for other purposes.

SR 639. By Senator Henson of the 41st:

A RESOLUTION recognizing State Use Program "Works Wonders" Day in the Georgia State Senate; and for other purposes.

SR 640. By Senators Bowen of the 13th, Lee of the 29th, Tolleson of the 18th, Seabaugh of the 28th, Dean of the 31st and others:

A RESOLUTION commending the firefighters of Georgia and observing the

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32nd annual Firefighters Recognition Day; and for other purposes.
SR 641. By Senators Starr of the 44th, Seay of the 34th and Johnson of the 1st:
A RESOLUTION honoring Leo F. Mullin for his leadership and many outstanding accomplishments and congratulating him on his retirement; and for other purposes.
SR 642. By Senator Hudgens of the 47th:
A RESOLUTION congratulating and commending Wentworth Xavier (Pat) Durkee, Sr.; and for other purposes.
SR 643. By Senator Tolleson of the 18th:
A RESOLUTION recognizing and commending Amy Holloway; and for other purposes.
SR 644. By Senators Seay of the 34th and Starr of the 44th:
A RESOLUTION recognizing and commending Keep Clayton County Beautiful; and for other purposes.
SR 645. By Senator Jackson of the 50th:
A RESOLUTION honoring and commending Mr. Xavier Roberts, his world famous creation of adoptable Little People, and Babyland General Hospital on their 25th anniversary; and for other purposes.
SR 647. By Senator Stephens of the 51st:
A RESOLUTION in memory of and honoring the life and service of U.S. Army National Guard Staff Sergeant Bobby Franklin; and for other purposes.
SR 648. By Senators Meyer von Bremen of the 12th, Hooks of the 14th, Seay of the 34th, Reed of the 35th, Zamarripa of the 36th and others:
A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and recognizing "PAGE Day on Capitol Hill" and inviting the officers of PAGE to appear before the Senate; and for other purposes

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SR 649. By Senator Squires of the 5th:

A RESOLUTION commending Matthew Frisch; and for other purposes.

SR 650. By Senator Squires of the 5th:

A RESOLUTION commending Michael Frisch; and for other purposes.

Senator Lee of the 29th introduced the 2003 Georgia State AAA Football Champions from LaGrange High School, commended by SR 638, adopted previously. Head football coach Steven Pardue 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, January 30, 2004 Ninth Legislative Day

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

SB 49

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 CITY OF SANDY SPRINGS IN FULTON COUNTY

A BILL to be entitled an Act to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, districts, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers

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185

relative to the office of mayor; to repeal conflicting laws; 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 SB 49, 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/ Butler of the 55th /s/ Brown of the 26th Date: January 29, 2004

Pursuant to Senate Rule 113, SB 49 was placed on the Senate Local Contested Calendar for today.

Senator Price of the 56th asked unanimous consent that SB 49 be committed to the Senate State and Local Governmental Operations Committee. The consent was granted, and SB 49 was committed to the Senate State and Local Governmental Operations Committee.

SENATE CALENDAR FRIDAY, JANUARY 30, 2004 NINTH LEGISLATIVE DAY

SB 401

Milk products; Grade A Pasteurized Milk Ordinance Recommendations (AG&CA-11th)

SB 425

Public roads fund; allocation; change provisions of state/federal funds (Amendment)(TRANS-6th)

SR 575

Transportation, Dept; HOT lanes; request to study feasible implementation (TRANS-49th)

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

SB 401. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, so as

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to change certain provisions relating to standards and requirements generally; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis E Golden E 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 Y Squires Y Starr Y Stephens Y Stokes
Tanksley E Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Tolleson E Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 0.

SB 401, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

January 30, 2004

Mr. Secretary,

Please show me as voting "Aye" on SB 401.

/s/ Jack Hill

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187

SB 425. By Senators Collins of the 6th, Cagle of the 49th, Price of the 56th, Tanksley of the 32nd and Levetan of the 40th:

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the allocation of funds for public roads, so as to change the provisions regarding the balancing of federal and state funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Transportation Committee offered the following amendment:

Amend SB 425 by striking the date "2004" on line 20 of page 1 and inserting in its place the date "2003".

On the adoption of the amendment, the yeas were 37, nays 4, and the committee amendment was adopted.

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

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

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

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

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

On the passage of the bill, the yeas were 40, nays 11.

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SB 425, having received the requisite constitutional majority, was passed as amended.

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

Secretary of the Senate,

This note shall confirm that my voting button malfunctioned on the vote for SB 425. Please let the record reflect that I voted in favor of SB 425.

Thanks,

/s/Kasim Reed

Senator Stephens of the 51st asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

SR 575. By Senators Cagle of the 49th, Moody of the 27th, Shafer of the 48th and Unterman of the 45th:

A RESOLUTION requesting the Department of Transportation to study the feasibility of implementing high-occupancy toll ("HOT") lanes; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

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

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

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

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189

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

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

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

On the adoption of the resolution, the yeas were 45, nays 3.

SR 575, having received the requisite constitutional majority, was adopted.

Senator Stokes of the 43rd asked unanimous consent that Senator Jackson of the 50th be excused. The consent was granted, and Senator Jackson was excused.

SR 588. By Senators Crotts of the 17th, Johnson of the 1st and Gillis of the 20th:

A RESOLUTION designating the George H.W. Bush Presidential Parkway; and for other purposes.

The Senate Transportation Committee offered the following substitute to SR 588:

A RESOLUTION

Designating the George H.W. Bush Presidential Parkway; and for other purposes.

WHEREAS, George Herbert Walker Bush has been a dedicated public servant, serving in numerous significant roles in our country's federal government and attaining the pinnacle of public service by being elected as the 41st President of the United States; and

WHEREAS, George H.W. Bush began his public service on his 18th birthday by enlisting in the U.S. Navy, where he later became the youngest pilot in the Navy at the time and where he was subsequently awarded the Distinguished Flying Cross and three Air Medals for his courageous service in the Pacific Theater during World War II; and

WHEREAS, he was elected to the U.S. House of Representatives in 1966 to represent the 7th District of Texas and served two terms through 1970; and

WHEREAS, from 1971 through 1973, he served as U.S. Ambassador to the United Nations, in 1973 as the chairman of the Republican National Committee, in 1974 as the chief of the U.S. Liaison Office in the People's Republic of China, and from 1976 through 1980 as the director of the Central Intelligence Agency; and

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WHEREAS, in 1980, Mr. Bush was selected by Ronald Reagan to be his running mate in his successful presidential campaign and subsequent reelection, and which resulted in his serving as Vice President of the United States for two terms beginning in 1981; and
WHEREAS, he received his party's nomination for President in 1988 and was elected, serving as the 41st President of the United States and achieving many improvements for this country during his tenure, both on the national and international fronts; and
WHEREAS, he is a devoted family man, and he and his wife of 59 years, the former Barbara Pierce, are the proud parents of five children, including the sitting President of the United States and the Governor of Florida, and the grandparents of 14 grandchildren; and
WHEREAS, George Herbert Walker Bush has been a dedicated and esteemed citizen and public servant and has provided countless contributions to this country and each state, including the great State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route 20 in Henry County beginning at the west side of Interstate 75 running west to the intersection of Richard Petty Boulevard be designated the George H.W. Bush Presidential Parkway, and the Department of Transportation is directed to place and maintain appropriate markers along such portion of State Route 20 as well as on or near the entrance and exit ramps on Interstate 75 at State Route 20.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the commissioner of transportation and the Honorable George H.W. Bush.
Senator Crotts of the 17th offered the following amendment:
Amend the Committee Substitute to SR 588 by changing on page one line 13, after the word through; delete: 1980 and add: 1977.
On the adoption of the amendment, the yeas were 36, nays 0, and the Crotts amendment, to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 36, nays 0, and the committee substitute was adopted as amended.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

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191

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

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens E 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
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 Thomas,R Y Thompson Y Tolleson E Unterman Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 43, nays 0.

SR 588, having received the requisite constitutional majority, was adopted by substitute.

The following communications were received by the Secretary:

The State Senate Atlanta, Georgia 30334

January 30, 2004

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

Dear Frank:

While I was at my desk this morning for roll call, apparently some glitch in the machinery prevented me from being recorded as present.

Please make whatever correction necessary to assure that I am counted as present today.

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Thanks for your assistance in correcting this problem.
Sincerely,
/s/ Ed Harbison Senator, 15th District
The State Senate Atlanta, Georgia 30334
January 30, 2004
Secretary of the Senate 352 State Capitol Building Atlanta, Georgia 30334
RE: Votes for SB 184 and SB 400
To Whom It May Concern:
Due to a malfunction within my voting machine on January 29, 2004, my votes for SB 184 and SB 400 were not recorded. I would like to register the following votes: SB 184 "Yes" SB 400 "Yes"
Thank you,
/s/ Mary H. Squires State Senator District 5
Senator Stephens of the 51st moved that the Senate stand adjourned pursuant to HR 944, until 1:00 p.m., Monday, February 2, 2004; the motion prevailed, and at 11:26 a.m., the President announced the Senate adjourned.

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MONDAY, FEBRUARY 2, 2004

193

Senate Chamber, Atlanta, Georgia Monday, February 2, 2004 Tenth Legislative Day
The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bills of the House:
HB 1209. By Representatives Floyd of the 132nd and James of the 114th:
A BILL to amend an Act creating the Board of Commissioners of Dooly County, so as to create the office of county administrator; to provide for the powers, duties, and authority of the county administrator; and for other purposes.
HB 1217. By Representatives Channell of the 77th and Douglas of the 73rd:
A BILL to amend an Act providing for the election of members of the Board of Education of Morgan County, so as to change the compensation for the chairperson and members of the board; to provide for an annual increase in compensation; and for other purposes.
HB 1223. By Representative Jamieson of the 22nd:
A BILL to provide a new charter for the City of Homer; and for other purposes.
The following Senate legislation was introduced, read the first time and referred to committee:

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SB 459. By Senators Cagle of the 49th, Hudgens of the 47th, Shafer of the 48th, Jackson of the 50th and Moody of the 27th:
A BILL to be entitled an Act to amend Article 10 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the Metropolitan North Georgia Water Planning District, so as to change the minimum number of meetings of the board; to change the minimum amount of dues payable by counties and cities; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 460. By Senators Cagle of the 49th, Gillis of the 20th, Hudgens of the 47th and Brush of the 24th:
A BILL to be entitled an Act to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to authorize land-disturbing activity within such buffers if certain compensatory mitigation requirements are satisfied; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SR 651. By Senators Thomas of the 2nd, Tolleson of the 18th, Crotts of the 17th, Kemp of the 46th, Smith of the 52nd 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 Burke, Chatham, Clarke, Cobb, Dougherty, Gilmer, Gwinnett, Houston, Floyd, Jasper, Liberty, Meriwether, and Union Counties, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.
SR 652. By Senators Thomas of the 2nd, Harp of the 16th, Smith of the 52nd, Golden of the 8th, Kemp of the 3rd and others:
A RESOLUTION authorizing the conveyance of certain State owned real property located in Bartow County, Georgia; in Chatham County, Georgia; in Cobb County, Georgia; in Coffee County, Georgia; in Floyd County, Georgia; in Glynn County, Georgia; in Harris County, Georgia; in Lowndes County,

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195

Georgia; in Meriwether County, Georgia; in Stephens County, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.
SR 660. By Senators Seay of the 34th, Tate of the 38th and Starr of the 44th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for maximum teacher-student ratios for kindergarten and grades one through three in public schools; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Education Committee.

The following House legislation was read the first time and referred to committee:
HB 1209. By Representatives Floyd of the 132nd and James of the 114th:
A BILL to amend an Act creating the Board of Commissioners of Dooly County, so as to create the office of county administrator; to provide for the powers, duties, and authority of the county administrator; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1217. By Representatives Channell of the 77th and Douglas of the 73rd:
A BILL to amend an Act providing for the election of members of the Board of Education of Morgan County, so as to change the compensation for the chairperson and members of the board; to provide for an annual increase in compensation; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1223. By Representative Jamieson of the 22nd:
A BILL to provide a new charter for the City of Homer; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

The following committee report was read by the Secretary:

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Mr. President:

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

SB 356

Do Pass by substitute Respectfully submitted, Senator Gillis of the 20th District, Chairman

The following legislation was read the second time:

HB 645 SB 253

SB 337

SB 361

SB 438

Senator Gillis of the 20th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

Senator Henson of the 41st asked unanimous consent that Senator Fort of the 39th be excused. The consent was granted, and Senator Fort was excused.

Senator Mullis of the 53rd asked unanimous consent that Senator Collins of the 6th be excused. The consent was granted, and Senator Collins was excused.

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

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

Adelman Balfour Bowen 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,P Squires Stephens Tanksley Thomas,D Thomas,N Thomas,R Tolleson Unterman Zamarripa

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197

Not answering were Senators:

Blitch Collins (Excused) Meyer von Bremen Stokes Williams

Brown Fort (Excused) Smith, F Tate

Brush Kemp, R (Excused) Starr (Excused) Thompson

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

Senators:

Blitch Fort Tate

Brown Stokes Williams

The following communication was received by the Secretary:

02/02/04

Dear Mr. Secretary,

I ask to be recorded as present this date on the Senate Floor. I was unable to timely arrive for the actual roll call.
Sincerely,

/s/ Michael S. Meyer von Bremen 12th

The members pledged allegiance to the flag.

Senator Tolleson of the 18th introduced the chaplain of the day, Reverend Jenny Jackson Adams of Perry, Georgia, who offered scripture reading and prayer.

Senator Bulloch of the 11th introduced Georgia Farm Bureau Federation President Wayne Dollar, commended by SR 633, adopted previously. Wayne Dollar addressed the Senate briefly.

The following resolutions were read and adopted:

SR 653. By Senators Thomas of the 2nd and Johnson of the 1st:

A RESOLUTION proclaiming February 24, 2004, as "GHSGT Awareness Day in Savannah, Georgia"; and for other purposes.

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SR 654. By Senators Bulloch of the 11th, Golden of the 8th and Hill of the 4th:

A RESOLUTION recognizing and commending Chris Orso; and for other purposes.

SR 655. By Senators Bulloch of the 11th, Golden of the 8th and Hill of the 4th:

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

SR 656. By Senators Hill of the 4th, Bulloch of the 11th and Golden of the 8th:

A RESOLUTION recognizing and commending Chris McDonald; and for other purposes.

SR 657. By Senators Hill of the 4th, Bulloch of the 11th and Golden of the 8th:

A RESOLUTION recognizing and commending Steven Highsmith; and for other purposes.

SR 658. By Senator Tate of the 38th:

A RESOLUTION honoring Lieutenant Colonel Charles W. Dryden of the famed Tuskegee Airmen and United States Air Force; and for other purposes.

SR 659. By Senator Tate of the 38th:

A RESOLUTION recognizing Alpha Kappa Alpha Day at the capitol on February 16, 2004; and for other purposes.

SR 664. By Senators Levetan of the 40th and Hooks of the 14th:

A RESOLUTION commending and congratulating the Honorable Frederick Richard Waitsman; and for other purposes.

Senator Jackson of the 50th introduced the doctor of the day, Dr. Don Blakeslee.

SENATE CALENDAR MONDAY, FEBRUARY 02, 2004
TENTH LEGISLATIVE DAY

SB 405

Financial Institutions; procedures/regulation (Substitute)(B&FI-23rd)

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MONDAY, FEBRUARY 2, 2004

199

SB 406

Deer hunting with dogs; licenses/permits; nonrenewal; right to a hearing (Substitute)(NR&E-19th)

SB 407

License Plates; historic preservation; promote/financially provide for Georgia (Amendment)(PS&HS-1st)

SB 421

Georgia Municipal Training Act; clarify training of municipal clerks (Substitute)(SLGO(G)-27th)

SB 426

Peace Officers; basic training; preservice admittance; requirements; provisions (PS&HS-18th)

SB 427

Criminal Justice Coordinating Council; membership; law enforcement; insurance (PS&HS-30th)

SB 428

School attendance requirements; driver's license; change penalties (Substitute)(ED-29th)

SB 429

Student Achievement, Office of; education flexibility/accountability; revisions (Substitute)(ED-29th)

SB 430

Deer Hunting; specially adapted firearm for quadriplegic (NR&E-48th)

SR 580

CA: Sales tax; educational purposes; change certain imposition requirements (Substitute)(FIN-49th)

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

SB 394. By Senators Johnson of the 1st, Stephens of the 51st, Williams of the 19th and Balfour of the 9th:

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 authorize the reading or posting of certain writings, documents, and records without content based censorship thereof; to provide for notice to local school superintendents; to provide for other related matters; to repeal conflicting laws; and for other purposes.

The Senate Education Committee offered the following substitute to SB 394:

A BILL TO BE ENTITLED AN ACT

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To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to authorize the reading or posting of certain writings, documents, and records without content based censorship thereof; to provide for notice to local school superintendents; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding at the end thereof a new Article 32 to read as follows:
"ARTICLE 32
20-2-2080. This article shall be known and may be cited as the 'American Heritage in Education Act.'
20-2-2081. (a) Local school boards may allow and encourage any teacher or administrator in a public school district of this state to read or post in a public school building or classroom or at an event sponsored by a public school or public school district excerpts, portions, or replicas of the following affirmations or documents of American heritage:
(1) The United States Constitution, including the preamble; (2) The Constitution of Georgia, including the preamble; (3) The Declaration of Independence; (4) The Mayflower Compact; (5) The national motto, 'In God We Trust'; (6) The national anthem; (7) The Pledge of Allegiance; (8) The writings, speeches, documents, and proclamations of any of the signers of the Declaration of Independence, signers of the Constitution of the United States, or Presidents of the United States; (9) Organic documents from the precolonial, colonial, revolutionary, federalist, and postfederalist eras; (10) United States Supreme Court decisions; and (11) Acts of the United States Congress, including the published text of the United States Congressional Record. (b) There shall be no content based censorship of American history or heritage in this state based on religious or other references in these writings, documents, affirmations, or records.

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20-2-2082. Not later than August, 1, 2004, a copy of this article shall be distributed to all school districts in the state by the State School Superintendent, whereupon local superintendents shall then distribute it to all schools within the local school district."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 30, nays 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 Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay E Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick

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

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

On the passage of the bill, the yeas were 47, nays 5.

SB 394, having received the requisite constitutional majority, was passed by substitute.

SB 405. By Senators Cheeks of the 23rd and Stephens of the 51st:

A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the Official

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Code of Georgia Annotated, relating to financial institutions, so as to provide for financial institutions to offer financial services to customers consistent with procedures of the Department of Banking and Finance; to authorize the department to enter into agreements with other regulatory authorities; to authorize loan officers to serve as credit committees; to prohibit licensing of certain persons convicted of certain crimes; to increase the record-keeping time requirement; to change a certain definition; to require financial institutions and money service businesses to comply with federal law; to establish requirements for regulation for mortgage lenders and brokers; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Banking and Financial Institutions Committee offered the following substitute to SB 405:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for financial institutions to offer financial services to customers consistent with procedures of the Department of Banking and Finance; to authorize the department to enter into agreements with other regulatory authorities; to authorize banks to lease real or personal property; to authorize loan officers to serve as credit committees; to prohibit licensing of certain persons convicted of certain crimes; to increase the record-keeping time requirement; to change a certain definition; to require financial institutions and money service businesses to comply with federal law; to establish requirements for regulation for mortgage lenders and brokers; 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 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by striking subsection (a) of Code Section 7-1-72, relating to regulation of persons performing financial services for financial institutions, and inserting in its place the following:
"(a) Notwithstanding other provisions of law and consistent with the objectives of this chapter as set forth in Code Section 7-1-3 and subject to the prior approval procedures provided in regulations of the department, a financial institution may provide financial services to its customers either directly or through employment of duly licensed persons provided such financial institution or its licensed employee or agent has qualified under other laws otherwise applicable to other providers of such financial services."
SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 7-1-78,

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relating to cooperative or reciprocal agreements with other state or federal regulatory authorities, and inserting in its place the following:
"(a) The department may, at its discretion, enter into cooperative or reciprocal agreements with other state or federal regulatory authorities and may furnish to such authorities information contained in the examinations, reports, and institution files, provided the information is to be used for confidential, regulatory purposes."
SECTION 3. Said chapter is further amended in Code Section 7-1-282, relating to direct leasing of personal and real property by banks, by striking "and" at the end of paragraph (1), by striking the period and inserting in lieu thereof "; and" at the end of paragraph (2), and by adding a new paragraph (3) to read as follows:
"(3) Become the owner and lessor of real property acquired upon the specific request and for the use of a customer or an affiliate thereof and may incur such additional obligations as may be incidental to becoming an owner and lessor of such property. The lessee, or an affiliate thereof, shall be responsible for any and all construction of buildings or other improvements related to such real property. Any lease with respect to such real property shall provide that the lessee thereof shall be responsible for maintaining the property, insuring the property, and paying real estate taxes related to the property. At the end of any lease, the bank shall, within six months, enter into a new lease with respect to the property or dispose of it. The leasing shall be subject to credit approval by the bank in a manner substantially similar to a loan and shall constitute an indebtedness under Code Section 7-1-285 and shall be subject to the lending limitations of such Code section. The assignment of any purchase contract, or the right to purchase real property thereunder, by the lessee or an affiliate thereof to the bank shall not affect the entitlement of any real estate broker to any real estate brokerage commissions owing upon the sale of such real property."
SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 7-1-633, relating to the organizational meeting of the board of directors of a credit union, and inserting in its place the following:
"(a) Within 30 days after receipt of the certificate of incorporation from the Secretary of State, an organizational meeting of the board of directors named in the articles of incorporation shall be held for the purpose of accepting the certificate and bylaws, appointing a credit committee or, in lieu thereof, loan officers and a supervisory committee, and electing or appointing the officers, as provided in Code Section 7-1655, who shall serve until the first directors meeting after the first annual meeting. Notice of the meeting shall be given at least five days prior to the date of the meeting."
SECTION 5. Said chapter is further amended by striking subsections (a), (b), and (f) of Code Section

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7-1-658, relating to procedures for issuance of loans by credit unions, and inserting in their place the following:
"(a) Credit unions may lend money to their members at reasonable rates of interest, which shall not exceed 1 1/4 percent each month on the unpaid balance, or such greater rates as shall be authorized for other financial institutions for such purposes as may be approved by the credit committee or an authorized employee. (b) Loans shall be supervised as follows:
(1) The credit committee shall have the general supervision of all loans to members. The credit committee shall hold such meetings as the business of the credit union may require and not less frequently than once a month each quarter to consider applications for loans. Reasonable notice of such meetings shall be given to all members of the committee. Actions of the credit committee shall be reported to the board in such form as the board shall prescribe at each regular meeting of the board. No loan shall be made unless it is approved by a majority of the entire committee, except as provided in this Code section; (2) The credit committee may appoint one or more employees to be loan officers and delegate to such persons the power to approve or disapprove loans subject to such limitations or conditions as the credit committee prescribes. Records of loans approved shall be maintained in such form as the credit committee shall prescribe and shall be made available to the credit committee upon request. All loans in excess of 50 percent of a credit unions maximum loan limitation or such lower limit as the credit committee shall establish shall be acted upon by the credit committee. The credit committee may not appoint more than one of its members to be a loan officer. No person shall have the authority to disburse funds of the credit union for any loan which has been approved by such person. Not more than one member of the credit committee may be appointed as provided in this paragraph; (3) An applicant for a loan may appeal to the directors from the decisions of the credit committee, if it is so provided in the bylaws and in the way and manner therein provided. In lieu of a credit committee, the board of directors may appoint one or more loan officers and delegate to such persons the power to approve or disapprove loans subject to such limitations or conditions as the board prescribes. All other duties of the credit committee as described in this article shall become the duties of the board of directors. Records of loans approved shall be maintained by the loan officers in such form as the board shall prescribe and a listing of all loans made, including the name of the borrower and the amount of the loan, shall be submitted to the board at each meeting; and (4) Members may appeal a credit decision made by a loan officer to the credit committee or to the board if denied by the credit committee. Where there is no credit committee, appeal shall be made to the board." "(f) Approval of loans by either the credit committee or an authorized employee shall be evidenced, prior to disbursement of the loan proceeds, by a writing signed by a committee member or an authorized employee stating that the committee or an authorized employee has approved the loan. If the board appoints loan officers in lieu

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of a credit committee, it shall establish policies for approval of loans by those loan officers."
SECTION 6. Said chapter is further amended by striking subsection (c) of Code Section 7-1-682, relating to qualifications of applicants for licenses to sell checks or money orders, investments required, and obtaining conviction data concerning the applicants, and inserting in its place the following:
"(c) The department shall not issue such license if it finds that the applicant or any person who is a director, officer, partner, agent, employee, or substantial stockholder of the applicant has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime, which if committed within this state would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered, unless and until such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender have been successfully completed and documented or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received a certificate of good conduct an official certification or pardon granted by the State Board of Pardons and Paroles pursuant to the provisions of the executive law to remove the disability under this article because of such conviction which removes the legal disabilities resulting from such conviction and restores civil and political rights in this state. The term 'substantial stockholder' as used in this subsection shall be deemed to refer to a person owning or controlling 10 percent or more of the total outstanding stock of the corporation in which such person is a stockholder."
SECTION 7. Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 7-1-687.1, relating to maintenance and retention of books, accounts, and other records, and inserting in its place the following:
"(a) Each licensee shall make, keep, and reserve the following books, accounts, and other records for a period of three five years:"

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SECTION 8. Said chapter is further amended by striking subsection (b) of Code Section 7-1-702, relating to background investigations of applicants for licenses to cash checks, drafts, or money orders, effect of past convictions, conviction data, license posting requirements, and term of licenses, and inserting in its place the following:
"(b) The department shall not issue such a license if it finds that the applicant, or any person who is a director, officer, partner, agent, employee, or substantial stockholder of the applicant, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate, or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered, unless and until such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender have been successfully completed and documented or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received a certificate of good conduct an official certification or pardon granted by the State Board of Pardons and Paroles pursuant to the provisions of the executive law to remove the disability under this article because of such conviction which removes the legal disabilities resulting from such conviction and restores civil and political rights in this state. The term 'substantial stockholder' as used in this subsection shall be deemed to refer to a person owning or controlling 10 percent or more of the total outstanding stock of the corporation in which such person is a stockholder."
SECTION 9. Said chapter is further amended by striking subparagraph (F) of paragraph (6) of Code Section 7-1-911, relating to definitions relative to records and reports of currency transactions, and inserting in its place the following:
"(F) A licensee under Article 4 or Article 4A of this chapter and such other persons as may be engaged in the business of:
(i) Cashing checks for a fee; or (ii) Performing transactions by wire or other electronic means to facilitate the movement or transfer of money."

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SECTION 10. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 7-1-912, relating to records and reports of certain currency transactions, regulations governing currency transactions, commissioners authority to examine or investigate under Code Section 7-1-64, prohibited acts, and definitions, and inserting in its place the following:
"(a)(1) Every financial institution shall keep a record of currency transactions in excess of $10,000.00 and shall comply with federal law as to their filing. Financial institutions and other money service businesses are required by state law to comply with the filing, reporting, and record-keeping requirements provided for in federal law. The department may promulgate regulations that specify additional requirements for currency transaction reports, record keeping, and suspicious activity reports."
SECTION 11. Said chapter is further amended by striking subsection (a) of Code Section 7-1-1003.2, relating to financial requirements for licensing and registration of mortgage lenders and mortgage brokers, and inserting in its place the following:
"(a) Each licensed mortgage broker must provide the department with a bond. The bond for a mortgage broker shall be in the principal sum of $50,000.00 or such greater sum as the department may require and the bond shall meet the other requirements of subparagraph (c)(2)(B) of this Code section. In lieu of a bond, a mortgage broker may: provide the department with evidence from the United States Department of Housing and Urban Development that the broker is a loan correspondent under Title I, Title II, or Title I and Title II for each year the broker is licensed by the department. The bond and the United States Department of Housing and Urban Development requirements are continuous in nature.
(1) Provide the department with an audited financial statement that discloses that the broker has a bona fide and verifiable tangible net worth of $100,000.00; or (2) Provide the department with evidence from the United States Department of Housing and Urban Development that the broker is a loan correspondent under Title I, Title II, or Title I and Title II for each year the broker is licensed by the department. Such requirement shall be continuous in nature."
SECTION 12. Said chapter is further amended by striking Code Section 7-1-1003.3, relating to application for registration as a mortgage lender or mortgage broker, and inserting in its place the following:
"7-1-1003.3. (a) An application to register as a mortgage lender or broker under this article shall be made annually in writing, under oath, on a form provided by the department, subject to requirements specified by rules and regulations of the department and shall be renewed each year by April 1.

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(b) The application shall include all of the items requested of applicants for licenses in Code Section 7-1-1003."
SECTION 13. Said chapter is further amended by striking subsection (i) of Code Section 7-1-1004, relating to the investigation of applicants for mortgage lender or mortgage broker licenses, and inserting in its place the following:
"(i) The department may not issue a license to and may revoke a license from an applicant or licensee if such person employs any other person against whom a final cease and desist order has been issued within the preceding three years, if such order was based on a violation of Code Section 7-1-1013 or based on the conducting of a mortgage business without a required license, or whose license has been revoked within three years of the date such person was hired. Each applicant and licensee shall, before hiring an employee, examine the departments public records to determine that such employee is not subject to the type of cease and desist order described in this subsection."
SECTION 14. Said chapter is further amended by striking subsections (a) and (b) of Code Section 7-11010, relating to annual financial statements of mortgage brokers, and inserting in their place the following:
"(a) Each mortgage broker licensed or registered under this article shall submit to the department initially an unaudited financial statement certified to be true and correct by the mortgage broker; provided, however, that if the mortgage broker is using its net worth and not a surety bond or letter of credit to meet the requirements for licensure in Code Section 7-1-1003.2, the mortgage broker shall submit to the department with the initial application for licensure and with any renewal applications an audited financial statement. If a mortgage broker is a United States Department of Housing and Urban Development loan correspondent, such broker must also submit to the department the audit that is required for the United States Department of Housing and Urban Development. The department may require the mortgage broker to have made an audit of the books and affairs of the licensed or registered business and submit to the department an audited financial statement if the department finds that such an audit is necessary to determine whether the mortgage broker is complying with the provisions of this article and the rules and regulations adopted in furtherance of this article. (b) Each mortgage lender licensed or registered under this article shall at least once each year have made an audit of the books and affairs of the licensed or registered business and submit to the department at renewal an audited financial statement, except that a mortgage lender licensed or registered under this article which is a subsidiary shall comply with this provision by annually providing a consolidated audited financial statement of its parent company and a financial statement, which may be unaudited, of the licensee or registrant which is prepared in accordance with generally accepted

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accounting principles. A lender who utilizes a bond in lieu of an audit need not supply such audit, unless specially required by the department. An audit must be less than 15 months old to be acceptable. The department may by regulation establish additional minimum standards for audits and reports under this Code section."

SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

SB 405, having received the requisite constitutional majority, was passed by substitute.

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SB 406. By Senators Williams of the 19th, Johnson of the 1st, Kemp of the 3rd and Thomas of the 2nd:
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 change certain provisions relating to revocation, suspension, denial, or nonrenewal of licenses or permits and administrative and judicial review; to change certain provisions relating to hunting deer with dogs; to repeal conflicting laws; and for other purposes.
The Senate Natural Resources and the Environment Committee offered the following substitute to SB 406:
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 change certain provisions relating to revocation, suspension, denial, or nonrenewal of licenses or permits and administrative and judicial review; to change certain provisions relating to hunting deer with dogs; 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 subsection (c) of Code Section 27-2-25, relating to revocation, suspension, denial, or nonrenewal of licenses or permits and administrative and judicial review, and inserting in lieu thereof the following:
"(c) Any person whose license, permit, or application for a license or permit, or both, is proposed for revocation, suspension, denial, or nonrenewal shall, upon petition to the commissioner within 30 ten days of issuance of notice given as stated in subsection (a) of this Code section, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The the judge of the probate court of the county in which the alleged violation occurred, who for such purposes shall act and be compensated as an associate administrative law judge the same as if assigned to such cases by the chief state administrative law judge under paragraph (5) of subsection (e) of Code Section 50-13-40. In all other respects, the hearing before the administrative law judge of the probate court 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. The decision of the administrative law judge of the probate court shall constitute the final decision of the board and any party to the hearing, including the commissioner, shall have the right of judicial review thereof in

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accordance with Chapter 13 of Title 50."
SECTION 2. Said title is further amended in Code Section 27-3-17, relating to hunting deer with dogs, by striking subsections (c) through (f) and inserting in lieu thereof the following:
"(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. There shall be no minimum acreage requirements for any permit for hunting deer with dogs issued to the owner or owners of a tract of real property. A permit for hunting deer with dogs shall not be issued to a lessee of deer hunting rights for any tract of real property that is less than 1,000 250 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 There shall be no 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 with the owners name, address, and telephone number 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)(e) 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 shall not take action against a permit issued to a corporation under this Code section for violations of this title or rules and regulations issued pursuant to this title committed by any individual hunter or hunters, but the commissioner may take action against any individual hunter 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 committed by such individual."
SECTION 3. 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.

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

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

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

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

On the passage of the bill, the yeas were 50, nays 2.

SB 406, having received the requisite constitutional majority, was passed by substitute.

SB 407. By Senators Johnson of the 1st, Kemp of the 46th, Hall of the 22nd and Collins of the 6th:

A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to licensing and registration of motor vehicles in general, so as to provide for the issuance of special historic preservation license plates to promote and financially provide for historic preservation efforts in Georgia; to provide for the design of such plates; to provide for the issuance and revalidation of such plates upon application and the payment of certain fees; to provide for the disposition of such fees and the intent of the General Assembly with respect to appropriations; to provide for the use of appropriated funds and reports with respect to such use; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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The Senate Public Safety and Homeland Security Committee offered the following amendment:

Amend SB 407 by striking the designation "(d)" on line 10 of page 2 and inserting in its place the designation "(d)(1)".

By inserting between lines 18 and 19 of page 2 the following: "(2) The commissioner shall retain all applications received for such special license plates until a minimum of 1,000 applications has been received. After receipt of 1,000 applications for such special license plates, the commissioner will then design the special license plate. If the commissioner does not receive the required minimum of 1,000 applications no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for such special license plates and all fees shall be refunded to applicants."

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

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On the passage of the bill, the yeas were 53, nays 0.
SB 407, having received the requisite constitutional majority, was passed as amended.
SB 421. By Senators Unterman of the 45th, Johnson of the 1st and Moody of the 27th:
A BILL to be entitled an Act to amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, relating to municipal training, so as to eliminate the board of the Harold F. Holtz Municipal Training Institute; to clarify the training of municipal clerks; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate State and Local Governmental Operations Committee offered the following substitute to SB 421:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, relating to municipal training, so as to eliminate the board of the Harold F. Holtz Municipal Training Institute; to clarify the training of municipal clerks; 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 45 of Title 36 of the Official Code of Georgia Annotated, relating to municipal training, is amended by striking the entire chapter in its entirety and inserting in lieu thereof a new Chapter 45 to read as follows:
"CHAPTER 45 ARTICLE 1
36-45-1. This article shall be known and may be cited as the 'Georgia Municipal Training Act.'
36-45-2. The General Assembly finds and declares that it is in the best interests of the citizens of this state to require newly elected members of a municipal governing authority to attend a course of training and education on matters pertaining to the administration and operation of municipal government during a period prescribed by the board. The purpose of such course shall be to instruct such individuals in the powers, duties, and responsibilities of their positions of public trust.

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36-45-3. As used in this article, the term:
(1) 'Board' means the Board of the Harold F. Holtz Municipal Training Institute. (2) 'Institute' means the Harold F. Holtz Municipal Training Institute. (3) (2) 'Municipal governing authority' means the governing authority of a municipal corporation. (4) (3) 'State' means the State of Georgia and any department, board, bureau, commission, or other agency thereof. (5) (4) 'Vinson Institute' means the Carl Vinson Institute of Government of the University of Georgia.
36-45-4. (a) All persons elected as members of a municipal governing authority who were not serving as members of a municipal governing authority on July 1, 1990, shall enroll in, attend, and satisfactorily complete a course of training and education on matters pertaining to the administration and operations of municipal governments. Such course of training and education shall include, but not be limited to, orientation in local government finance and budgeting; methods of taxation; planning; public works and utilities; parks and recreation; environmental management; public safety; personnel management; responsiveness to the community; the ethics, duties, and responsibilities of members of a municipal governing authority or a chief executive officer; and such other matters as may be deemed necessary and appropriate by the board Vinson Institute. (b) All expenses incurred by a newly elected member of a municipal governing authority related to the course of training and education authorized and required by subsection (a) of this Code section, including the reasonable costs of housing, travel, and meals, shall be paid from public funds appropriated for such purposes. All expenses not paid for by state funds shall be paid from municipal funds by the municipal governing authority whose newly elected member or members shall attend such course.
36-45-5. (a) There is created and established the Harold F. Holtz Municipal Training Institute. Except as otherwise provided in Code Sections 36-45-4 and 36-45-20, all costs of operating and conducting the institute shall be paid for from public funds appropriated for such purposes. (b) The board shall have the power, duty, and authority Vinson Institute shall establish, in consultation with the Georgia Municipal Association, a committee of elected municipal officials to design, implement, and administer the course of training and education required by Code Sections 36-45-4 and 36-45-20. (c) The course of training and education required by Code Sections 36-45-4 and 36-4520 shall be conducted by the institute under such rules, regulations, procedures, policies, requirements, and standards as prescribed from time to time by the board

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committee established in subsection (b) of this Code section. (d) The board committee established in subsection (b) of this Code section shall establish guidelines and procedures to permit any person elected or appointed as a member of a municipal governing authority after January 1 of a calendar year or any person who is unable to attend or complete the course of training and education when offered by the institute due to medical disability, providential cause, or any other reason deemed sufficient by the board such committee, to comply with the requirements of Code Sections 36-45-4 and 36-45-20. (e) The board committee established in subsection (b) of this Code section shall perform such other duties and have such other powers and authority as may be necessary and proper or as prescribed by general law.
36-45-6. (a) The institute shall be under the direction and supervision of the board of the Harold F. Holtz Municipal Training Institute. The board shall have the power and duty to organize and advise the institute so that the institute is operated in accordance with the provisions of this article. (b) The institute is assigned to the Department of Community Affairs for administrative purposes only, as prescribed in Code Section 50-4-3.
36-45-7. The board shall consist of nine members and shall be composed of the commissioner or designee of the Department of Community Affairs, the director of the Carl Vinson Institute of Government or designee of the University of Georgia, and seven members appointed by the Governor. Members of the board appointed by the Governor after January 1, 1999, shall serve for four-year terms.
36-45-8. (a) The board, on behalf of the institute, may accept appropriations, grants, gifts, donations, or contributions from the federal government; the state government; any county, municipal, or local government; any board, bureau, commission, agency, or establishment of any such government; any other organization, firm, or corporation, public or private; and any individual or groups of individuals in furtherance of the services, purposes, duties, responsibilities, or functions vested in the board and institute. (b) The board is authorized to make such contracts, leases, or agreements as may be necessary and convenient to carry out the duties and purposes for which the board is created. The board is authorized to enter into contracts, leases, or agreements with any person, firm, or corporation, public or private, upon such terms and for such purposes as may be deemed advisable by the board.
36-45-9. On or before February 1 of each year, the board Vinson Institute shall file a report to the Governor, the chairman chairperson of the Senate State and Local Governmental

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Operations Committee, and the chairman chairperson of the House Committee on State Planning and Community Affairs Committee of the House of Representatives. The report shall include a summary of the accomplishments of the institute during the preceding calendar year, including, but not limited to, the total number of members of a municipal governing authority who attended the course of training and education offered by the institute; an outline of the institutes programs for the current calendar year; an evaluation of the programs and services offered by the institute; and recommendations, if any, for legislation as may be necessary to improve the programs and services offered by the institute.
ARTICLE 2 36-45-20. (a) For purposes of this article, the term 'clerk of the governing authority of a municipality' means an individual holding the office of city clerk pursuant to a municipal charter and who is normally employed in that capacity for 40 hours per week. (b) Any person hired or appointed to serve as the clerk of the governing authority of a municipality shall attend and complete a course of training on matters pertaining to the basic performance of his or her official duties. A city official who is an acting city clerk or who carries the dual responsibilities of both city manager and city clerk is exempt from such training. Such training shall be conducted by the Harold F. Holtz Municipal Training Institute, created under Article 1 of this chapter. (c) The personnel of the Carl Vinson Institute of Government are authorized to work with the members of the Georgia Municipal Clerks and Finance Officers Association, and the Georgia Municipal Association, and the Harold F. Holtz Municipal Training Institute in establishing and operating the training course provided for in subsection (b) of this Code section. (d) All reasonable expenses of attending the training classes course required by this Code section shall be paid from funds appropriated by the municipal governing authority for such purposes."
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 41, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

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

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown 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 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 E 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.

SB 421, having received the requisite constitutional majority, was passed by substitute.

SB 426. By Senators Tolleson of the 18th, Hamrick of the 30th and Kemp of the 46th:

A BILL to be entitled an Act to amend Code Section 35-8-8 of the Official Code of Georgia Annotated, relating to requirements for appointment or certification of persons as peace officers, so as to change a provision relating to fingerprint based criminal record investigation; to provide for requirements for preservice admittance to a basic training course; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Blitch

Y Harbison Y Harp Y Henson

Y Seay Y Shafer Y Smith,F

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

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

Y Smith,P Y Squires E Starr Y Stephens N 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 51, nays 1.

SB 426, having received the requisite constitutional majority, was passed.

SB 427. By Senators Hamrick of the 30th, Meyer von Bremen of the 12th and Lee of the 29th:

A BILL to be entitled an Act to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change a member on the Criminal Justice Coordinating Council from the chairperson of the Georgia Organized Crime Prevention Council to the director of homeland security; to discontinue the Organized Crime Prevention Council; to provide provisions for certain insurance for law enforcement personnel while on temporary assignment or loan to other law enforcement agencies for criminal investigative purposes; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Blitch

Y Harbison Y Harp Y Henson

Y Seay Y Shafer Y Smith,F

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

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

Y Smith,P Y Squires E 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.

SB 427, having received the requisite constitutional majority, was passed.

SB 428. By Senators Lee of the 29th, Shafer of the 48th, Smith of the 52nd and Brush of the 24th:

A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change penalties for failure to comply with compulsory attendance requirements; to amend Code Section 40-5-22, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, so as to eliminate permission of a students parent or guardian as exceptions to the school attendance requirements to obtain a drivers license; to provide for additional offenses to prohibit a suspended student from maintaining a drivers license; to provide conditions for reinstatement of drivers licenses and permits for suspended students; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Senator Meyer von Bremen of the 12th offered two floor amendments to SB 428.

Senator Lee of the 29th asked unanimous consent that SB 428 be postponed to Tuesday, February 03, 2004. The consent was granted, and SB 428 was postponed to Tuesday, February 03, 2004 and pursuant to Senate Rule 88(c), the legislation will be placed on the Senate Rules Calendar.

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SB 429. By Senators Lee of the 29th, Shafer of the 48th, Smith of the 52nd and Brush of the 24th:

A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the revision of certain provisions regarding education flexibility and accountability; to change certain provisions regarding school councils; to change certain provisions regarding early intervention programs; to change certain provisions regarding budgeting, funding, and accounting; to change certain provisions regarding program weights; to change certain provisions regarding effectiveness assessment; to change certain provisions regarding organization of schools; to change certain provisions regarding legislative intent with respect to charter schools; to change certain provisions regarding petitions to establish charter schools; to repeal conflicting laws; and for other purposes.

Senator Meyer von Bremen of the 12th and others offered four floor amendments to SB 429.

Senator Lee of the 29th asked unanimous consent that SB 429 be postponed to Tuesday, February 03, 2004. The consent was granted, and SB 429 was postponed to Tuesday, February 03, 2004 and pursuant to Senate Rule 88(c), the legislation will be placed on the Senate Rules Calendar.

SB 430. By Senators Shafer of the 48th, Cagle of the 49th and Gillis of the 20th:

A BILL to be entitled an Act to amend Code Section 27-3-6 of the Official Code of Georgia Annotated, relating to possession of firearm while hunting with bow and arrow, so as to authorize quadriplegics to hunt deer with a firearm during archery and primitive weapons seasons on certain lands; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch

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

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

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

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 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.

SB 430, having received the requisite constitutional majority, was passed.

SR 580. By Senator Cagle of the 49th:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes may also be imposed in whole or in part for maintenance and operation of public schools with an equivalent millage rate reduction; to change certain imposition requirements; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article VIII, Section VI of the Constitution is amended by striking Paragraph IV and inserting in its place a new Paragraph IV to read as follows:
"Paragraph IV. Sales tax for educational purposes. (a)(1) The board of education of each any county school district in a county in which no or any independent school district is located may by resolution and the board of education of each county school district and the board of education of each independent school district located within such county may by concurrent resolutions impose, levy, and collect impose and levy within that school district a sales and use tax for educational purposes of such school districts district conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction school district voting in a referendum thereon.
(2) This tax shall be at the rate of 1 percent and shall be imposed for a period of time not to exceed five years, but in all other respects, except as otherwise provided in this

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Paragraph, shall correspond to and be levied in the same manner as the tax provided for by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, as now or hereafter amended general law. Proceedings for the reimposition of such tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. The purpose or purposes for which the proceeds of the tax are to be used and may be expended shall depend upon which option of such tax is selected by the board or boards of education. Such option shall be specified in the resolution or concurrent resolution calling for the imposition of the tax. (b) The option 1 purpose or purposes for which the proceeds of the tax are to be used and may be expended include: (1) Capital outlay projects for educational purposes; (2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (b)(2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (b)(2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (b)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or (3) A combination of the foregoing. (c) The option 2 purpose or purposes for which the proceeds of the tax are to be used and may be expended include the use of an amount equal to 25 percent of the amount of proceeds collected in each year in which the tax is levied for the reduction of the millage rate against tangible property within the school district for educational maintenance and operation purposes in an equivalent amount and the remaining 75 percent of such proceeds for: (1) Capital outlay projects for educational purposes; (2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (c)(2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (c)(2), as certified by the

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Department of Revenue, no further funds shall be expended under this subparagraph (c)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or (3) A combination of the foregoing. (d) The option 3 purpose for which the proceeds of the tax are to be used and may be expended shall be solely for the purpose of reducing the millage rate against tangible property within the school district for educational maintenance and operation purposes. (c)(e) The resolution calling for the imposition of the tax and the ballot question shall each describe the option purposes, and if applicable: (1) The specific capital outlay projects to be funded, or the specific debt to be retired, or both, if applicable; (2) The maximum cost of such project or projects and, if applicable, the maximum amount of debt to be retired, which cost and amount of debt shall also be the maximum amount of net proceeds to be raised by the tax; and (3) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years. (d)(f) Nothing in this Paragraph shall prohibit a county and those municipalities located in such county from imposing as additional taxes local sales and use taxes authorized by general law. (e)(g) The tax imposed pursuant to this Paragraph shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state. (f)(h) The tax imposed pursuant to this Paragraph shall not be subject to any sales and use tax exemption with respect to the sale or use of food and beverages which is imposed by law. (g)(i) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law. For purposes of this subparagraph, student enrollment shall be based on the latest FTE count prior to the referendum on imposing the tax. (h)(j) Excess proceeds of the tax which remain following expenditure of proceeds for authorized projects or purposes for education under option 1 or option 2 shall be used solely for the purpose of reducing any indebtedness of the school system. In the event there is no indebtedness, such excess proceeds shall be used by such school system for the purpose of reducing its millage rate in an amount equivalent to the amount of such excess proceeds. For purposes of this subparagraph, excess proceeds shall also be deemed to include any interest earned with respect to the proceeds of the tax. (i)(k) The tax authorized by this Paragraph may be imposed, levied, and collected as provided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by general law to further define and implement

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its provisions including, but not limited to, the authority to specify the percentage of net proceeds to be allocated among the projects and purposes for which the tax was levied and the manner and method of providing for the millage rollback under option 2 or option 3.
(j)(l)(1) Notwithstanding any provision of any constitutional amendment continued in force and effect pursuant to Article XI, Section I, Paragraph IV(a) and except as otherwise provided in subparagraph (j)(l)(2) of this Paragraph, any political subdivision whose ad valorem taxing powers are restricted pursuant to such a constitutional amendment may receive the proceeds of the tax authorized under this Paragraph or of any local sales and use tax authorized by general law, or any combination of such taxes, without any corresponding limitation of its ad valorem taxing powers which would otherwise be required under such constitutional amendment. (2) The restriction on and limitation of ad valorem taxing powers described in subparagraph (j)(l)(1) of this Paragraph shall remain applicable with respect to proceeds received from the levy of a local sales and use tax specifically authorized by a constitutional amendment in force and effect pursuant to Article XI, Section I, Paragraph IV(a), as opposed to a local sales and use tax authorized by this Paragraph or by general law."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that the sales and use tax for educational purposes may also be imposed in whole or in part for maintenance and operation of public schools with an equivalent millage rate reduction and to change the imposition requirements?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The Senate Finance Committee offered the following substitute to SR 580:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes may also be imposed in whole or in part for maintenance and operation of public schools with an equivalent millage rate reduction; to change certain imposition requirements; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VIII, Section VI of the Constitution is amended by striking Paragraph IV and inserting in its place a new Paragraph IV to read as follows:
"Paragraph IV. Sales tax for educational purposes. (a)(1) The board of education of each school district in a county in which no independent school district is located may by resolution and the board of education of each county school district and the board of education of each independent school district located within such county may by concurrent resolutions impose, levy, and collect a sales and use tax for educational purposes of such school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon.
(2) The board of education of each county school district and the board of education of each independent school district located within such county may by concurrent resolutions impose, levy, and collect a sales and use tax for educational purposes of such school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. Such concurrent resolution shall only be required with respect to an independent school district, located wholly or partially in the county, when at least 25 percent of the total student enrollment of such independent school district is within such county. If less than 25 percent of the total student enrollment of such independent school is in a county, no concurrent resolution shall be required of that independent school district and the board of education of that county may levy the tax under the requirements of subparagraph (a)(1) of this Paragraph; provided, however, that such independent school district shall receive a share of the proceeds pursuant to subparagraph (i) of this Paragraph. (3) This tax shall be at the rate of 1 percent and shall be imposed for a period of time not to exceed five years, but in all other respects, except as otherwise provided in this Paragraph, shall correspond to and be levied in the same manner as the tax provided for by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, as now or hereafter amended general law. Proceedings for the reimposition of such tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. The purpose or purposes for which the proceeds of the tax are to be used and may be expended shall depend upon which option of such tax is selected by the board or boards of education. Such option shall be specified in the resolution or concurrent resolution calling for the imposition of the tax. (b) The option 1 purpose or purposes for which the proceeds of the tax are to be used and may be expended include: (1) Capital outlay projects for educational purposes; (2) The retirement of previously incurred general obligation debt with respect only to

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capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (b)(2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (b)(2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (b)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or (3) A combination of the foregoing. (c) The option 2 purpose or purposes for which the proceeds of the tax are to be used and may be expended include the use of an amount equal to 25 percent of the amount of proceeds collected in each year in which the tax is levied for the reduction of the millage rate against tangible property within the school district for educational maintenance and operation purposes in an equivalent amount and the remaining 75 percent of such proceeds for: (1) Capital outlay projects for educational purposes; (2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (c)(2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (c)(2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (c)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or (3) A combination of the foregoing. (d) The option 3 purpose for which the proceeds of the tax are to be used and may be expended shall be solely for the purpose of reducing the millage rate against tangible property within the school district for educational maintenance and operation purposes. (c)(e) The resolution calling for the imposition of the tax and the ballot question shall each describe the option purposes, and if applicable: (1) The specific capital outlay projects to be funded, or the specific debt to be retired, or both, if applicable; (2) The maximum cost of such project or projects and, if applicable, the maximum amount of debt to be retired, which cost and amount of debt shall also be the

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maximum amount of net proceeds to be raised by the tax; and (3) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years. (d)(f) Nothing in this Paragraph shall prohibit a county and those municipalities located in such county from imposing as additional taxes local sales and use taxes authorized by general law. (e)(g) The tax imposed pursuant to this Paragraph shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state. (f)(h) The tax imposed pursuant to this Paragraph shall not be subject to any sales and use tax exemption with respect to the sale or use of food and beverages which is imposed by law. (g)(i) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law. (j) For purposes of this subparagraph Paragraph, student enrollment shall be based on the latest FTE count prior to the referendum on imposing the tax. (h)(k) Excess proceeds of the tax which remain following expenditure of proceeds for authorized projects or purposes for education under option 1 or option 2 shall be used solely for the purpose of reducing any indebtedness of the school system. In the event there is no indebtedness, such excess proceeds shall be used by such school system for the purpose of reducing its millage rate in an amount equivalent to the amount of such excess proceeds. For purposes of this subparagraph, excess proceeds shall also be deemed to include any interest earned with respect to the proceeds of the tax. (i)(l) The tax authorized by this Paragraph may be imposed, levied, and collected as provided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by general law to further define and implement its provisions including, but not limited to, the authority to specify the percentage of net proceeds to be allocated among the projects and purposes for which the tax was levied and the manner and method of providing for the millage rollback under option 2 or option 3. (j)(m)(1) Notwithstanding any provision of any constitutional amendment continued in force and effect pursuant to Article XI, Section I, Paragraph IV(a) and except as otherwise provided in subparagraph (j)(m)(2) of this Paragraph, any political subdivision whose ad valorem taxing powers are restricted pursuant to such a constitutional amendment may receive the proceeds of the tax authorized under this Paragraph or of any local sales and use tax authorized by general law, or any combination of such taxes, without any corresponding limitation of its ad valorem taxing powers which would otherwise be required under such constitutional amendment. (2) The restriction on and limitation of ad valorem taxing powers described in

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subparagraph (j)(m)(1) of this Paragraph shall remain applicable with respect to proceeds received from the levy of a local sales and use tax specifically authorized by a constitutional amendment in force and effect pursuant to Article XI, Section I, Paragraph IV(a), as opposed to a local sales and use tax authorized by this Paragraph or by general law."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that the sales and use tax for educational purposes may also be imposed in whole or in part for maintenance and operation of public schools with an equivalent millage rate reduction and to change the imposition requirements?"

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 substitute, the yeas were 33, nays 1, and the committee substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

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

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

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

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Fort Y Gillis Y Golden Y Hall
Hamrick

Y Moody Y Mullis N Price Y Reed Y Seabaugh

Y Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 49, nays 3.

The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

February 2, 2004

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

Dear Mr. Eldridge:

For the recorded vote on SR 580 taken today on the floor of the Senate, please record my vote as `Yes'.

Sincerely,

/s/ Tom Price Georgia State Senate District 56

The following communications were received by the Secretary:

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334 (404) 656-5000

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January 29, 2004
Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 28, 2004, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable William B. Kuhlke was elected as a member of the State Transportation Board from the Ninth Congressional District to serve a term beginning April 16, 2004, and expiring April 15, 2009.
Respectfully submitted,
/s/ Ralph Hudgens HONORABLE RALPH HUDGENS SENATOR, DISTRICT 47 CHAIRMAN
/s/ Sistie Hudson HONORABLE SISTIE HUDSON REPRESENTATIVE, DISTRICT 95 SECRETARY
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334 (404) 656-5000
TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable William B. Kuhlke has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Ninth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2004, and expiring April 15, 2009.
This 29th day of January, 2004.

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/s/ Mark Taylor President of the Senate
/s/ Terry Coleman Speaker, House of Representatives
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334 (404) 656-5000
January 29, 2004
Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 28, 2004, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Garland Pinholster was elected as a member of the State Transportation Board from the Seventh Congressional District to serve a term beginning April 16, 2004, and expiring April 15, 2009.
Respectfully submitted,
/s/ Don Balfour HONORABLE DON BALFOUR SENATOR, DISTRICT 9 CHAIRMAN
/s/ Chuck Clay HONORABLE CHUCK CLAY SENATOR, DISTRICT 37 SECRETARY
Legislative Services Committee

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Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334 (404) 656-5000
TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable Garland Pinholster has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Seventh Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2004, and expiring April 15, 2009.
This 29th day of January, 2004.
/s/ Mark Taylor President of the Senate
/s/ Terry Coleman Speaker, House of Representatives
Senator Stephens of the 51st moved that the Senate adjourn until 10:00 a.m., Tuesday, February 03, 2004.
The motion prevailed, and the President announced the Senate adjourned at 2:52 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, February 3, 2004 Eleventh Legislative Day

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

Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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

Mr. President:

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

HB 242.

By Representatives McCall of the 78th, Day of the 126th, Skipper of the 116th and Westmoreland of the 86th:

A BILL to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, relating to environmental policy, so as to require the publication of detailed statements of rationale for certain new or amended environmental regulations or other related actions of state government; to provide for the effect of noncompliance with such publication requirement; and for other purposes.

HB 366. By Representatives Coleman of the 65th, McBee of the 74th, Cummings of the 19th, Jamieson of the 22nd and Mills of the 67th, Post 2:

A BILL to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Teachers Retirement System of Georgia, so as to provide that a teacher who retired on a service retirement may be employed as a classroom teacher, principal, superintendent, counselor, or librarian without having his or her benefits affected; and for other purposes.

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HB 941.

By Representatives Purcell of the 122nd, Ray of the 108th and Oliver of the 121st, Post 2:
A BILL to amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of veterinarians and boarders of animals, so as to change certain provisions relating to liens for treatment, board, or care of animals and right to retain possession; and for other purposes.

HB 1055. By Representatives Childers of the 13th, Post 1, Porter of the 119th, Reece of the 11th, Stephens of the 124th, Post 2, Stephens of the 123rd and others:
A BILL to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the telephone system for the physically impaired, so as to provide for the establishment of a statewide telecommunication system capable of providing audible universal information access services to blind and print disabled citizens; to authorize the Public Service Commission to contract for the administration and operation of such system; and for other purposes.

HB 1095. By Representative Harbin of the 80th:
A BILL to amend Code Section 27-4-33 of the Official Code of Georgia Annotated, relating to spearing of fish, so as to authorize the taking of certain fish by spearing in certain waters of the state; and for other purposes.

HB 1175. By Representatives Jamieson of the 22nd, Greene of the 134th, Oliver of the 56th, Post 2, Stephens of the 123rd, Graves of the 106th and others:
A BILL to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to provide for applicability of such chapter with respect to cosmetology training programs operated by the Department of Corrections, the instructors of such programs, or inmates enrolled in such programs; and for other purposes.
HB 1177. 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 requirements

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relating to pamphlets issued by the department; to change certain provisions relating to suspension of driving privilege of a nonresident; to change certain provisions relating to issuance of forms by the department; and for other purposes.
HB 1186. By Representatives Crawford of the 91st and Ray of the 108th:
A BILL to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers' markets, so as to define a term relative to farmers' markets; to change certain provisions relating to a license required to sell in farmers' markets and consent to inspection of property; to change certain provisions relating to suspension or revocation of registration, license, or permit, procedure, and enforcement of laws, regulations, or orders; and for other purposes.
HB 1208. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2, Parsons of the 29th, Casas of the 68th and Reece of the 11th:
A BILL to amend Article 4A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to community involvement in education and the role of local boards of education and school councils, so as to change the provisions relating to school councils and their membership, selection, terms, powers, duties, officers, operations, bylaws, meetings, practices, and procedures; and for other purposes.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 461. By Senators Balfour of the 9th and Levetan of the 40th:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions relating to records of certificates of registration and certificates of title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 462. By Senators Adelman of the 42nd, Harp of the 16th, Hall of the 22nd, Zamarripa of the 36th, Brown of the 26th and others:
A BILL to be entitled an Act to amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum speed limits, so as to provide a short title; to provide for a maximum speed limit for certain vehicles on

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certain highways in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 463. By Senators Harbison of the 15th and Reed of the 35th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate recognizing and honoring current dues-paid members of Omega Psi Phi Fraternity, Inc.; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 464. By Senators Clay of the 37th, Hamrick of the 30th and Harbison of the 15th:
A BILL to be entitled an Act to amend Code Section 10-1-395 of the Official Code of Georgia Annotated, relating to appointment and duties of an administrator for purposes of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975," creation of the Consumer Advisory Board, and relations with other regulatory agencies, so as to provide for processing of complaints; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.

SB 465. By Senators Thomas of the 2nd and Johnson of the 1st:
A BILL to be entitled an Act to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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SB 466. By Senators Shafer of the 48th, Balfour of the 9th, Unterman of the 45th, Cagle of the 49th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Code Section 16-5-80 of the Official Code of Georgia Annotated, relating to feticide, so as to remove the requirement that the child must be quick; to provide a short title; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 467. By Senators Lee of the 29th, Shafer of the 48th, Smith of the 52nd, Johnson of the 1st, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to define criminal negligence; to provide for legislative findings and intent; to change the definition of cruelty to children and to provide for third degree cruelty to children; to provide for penalties; to provide for definitions; to make it unlawful for persons to engage in certain activities associated with manufacturing or possessing methamphetamine in the presence of children; to redefine the term "serious injury" to include sexual abuse of a minor under the age of 16 years; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 468. By Senators Levetan of the 40th, Stokes of the 43rd, Zamarripa of the 36th, Seay of the 34th, Thomas of the 54th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to hospital care for nonresident indigents, so as to provide further legislative findings; to provide for alternative procedures and sources of funding for reimbursing hospitals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 469. By Senators Dean of the 31st, Jackson of the 50th, Butler of the 55th and Hooks of the 14th:
A BILL to be entitled an Act to amend Code Section 16-6-4 of the Official

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Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide the court with an additional punishment tool for the offenses of child molestation and aggravated child molestation; to provide for the Department of Corrections authority over the defendant; to provide for fees related to monitoring; to provide for related matters; to repeal conflicting laws; and for other purposes
Referred to the Public Safety and Homeland Security Committee.
SB 470. By Senators Brush of the 24th, Crotts of the 17th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to license plates for veterans awarded the Purple Heart, so as to provide that Purple Heart license plates shall be available for motorcycles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 471. By Senators Hamrick of the 30th, Hill of the 4th, Kemp of the 46th and Williams of the 19th:
A BILL to be entitled an Act to amend Chapters 2 and 3 of Title 20 of the O.C.G.A., relating to elementary and secondary education and to postsecondary education, respectively, so as to change the reporting system and method for determining eligibility for HOPE scholarships, other scholarships, grants, or loan assistance, and certain postsecondary courses and advanced placement courses for students enrolling as freshmen in eligible public or private postsecondary institutions on or after May 1, 2007; to provide that any funds awarded to the recipient of a HOPE scholarship or HOPE grant be in strict accordance with Article I, Section II, Paragraph VIII of the Constitution; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
SR 661. By Senators Johnson of the 1st, Hamrick of the 30th, Smith of the 52nd and Balfour of the 9th:
A RESOLUTION recommending the observance of the Academic Bill of Rights at public and private universities in Georgia; and for other purposes.
Referred to the Higher Education Committee.

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SR 668. By Senator Dean of the 31st:
A RESOLUTION designating a portion of SR 101 in Paulding County as the John D. Smith Highway; and for other purposes.
Referred to the Transportation Committee.
SR 669. By Senators Adelman of the 42nd, Harp of the 16th, Hall of the 22nd, Zamarripa of the 36th, Brown of the 26th and others:
A RESOLUTION creating the Joint Study Committee on Truck and Highway Safety; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SR 671. By Senators Unterman of the 45th, Cagle of the 49th, Moody of the 27th and Shafer of the 48th:
A RESOLUTION commending the Forsyth County Public Library System and inviting certain library representatives to appear before the Senate; and for other purposes.
Referred to the Rules Committee.
SR 672. By Senators Unterman of the 45th, Mullis of the 53rd, Bulloch of the 11th, Tate of the 38th and Clay of the 37th:
A RESOLUTION urging parents in this state to take their children with them to vote; and for other purposes.
Referred to the Rules Committee.
SR 674. By Senators Kemp of the 46th, Hamrick of the 30th, Hill of the 4th and Williams of the 19th:
A RESOLUTION creating the Improvement of Georgias Pre-K Program Joint Study Commission; and for other purposes.
Referred to the Education Committee.

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

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241

HB 242. By Representatives McCall of the 78th, Day of the 126th, Skipper of the 116th and Westmoreland of the 86th:
A BILL to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, relating to environmental policy, so as to require the publication of detailed statements of rationale for certain new or amended environmental regulations or other related actions of state government; to provide for the effect of noncompliance with such publication requirement; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

HB 366. By Representatives Coleman of the 65th, McBee of the 74th, Cummings of the 19th, Jamieson of the 22nd and Mills of the 67th, Post 2:
A BILL to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Teachers Retirement System of Georgia, so as to provide that a teacher who retired on a service retirement may be employed as a classroom teacher, principal, superintendent, counselor, or librarian without having his or her benefits affected; and for other purposes.
Referred to the Retirement Committee.

HB 941. By Representatives Purcell of the 122nd, Ray of the 108th and Oliver of the 121st, Post 2:
A BILL to amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of veterinarians and boarders of animals, so as to change certain provisions relating to liens for treatment, board, or care of animals and right to retain possession; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.

HB 1055. By Representatives Childers of the 13th, Post 1, Porter of the 119th, Reece of the 11th, Stephens of the 124th, Post 2, Stephens of the 123rd and others:
A BILL to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the telephone system for the physically impaired, so as to provide for the establishment of a state-wide

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telecommunication system capable of providing audible universal information access services to blind and print disabled citizens; to authorize the Public Service Commission to contract for the administration and operation of such system; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 1095. By Representative Harbin of the 80th:
A BILL to amend Code Section 27-4-33 of the Official Code of Georgia Annotated, relating to spearing of fish, so as to authorize the taking of certain fish by spearing in certain waters of the state; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
HB 1175. By Representatives Jamieson of the 22nd, Greene of the 134th, Oliver of the 56th, Post 2, Stephens of the 123rd, Graves of the 106th and others:
A BILL to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to provide for applicability of such chapter with respect to cosmetology training programs operated by the Department of Corrections, the instructors of such programs, or inmates enrolled in such programs; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 1177. 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 requirements relating to pamphlets issued by the department; to change certain provisions relating to suspension of driving privilege of a nonresident; to change certain provisions relating to issuance of forms by the department; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 1186. By Representatives Crawford of the 91st and Ray of the 108th:
A BILL to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers' markets, so as to define a term relative to farmers' markets; to change certain provisions relating to a license required to sell in farmers' markets and consent to inspection of property; to change certain provisions relating to suspension or revocation of registration, license,

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or permit, procedure, and enforcement of laws, regulations, or orders; and for other purposes.

Referred to the Agriculture and Consumer Affairs Committee.

HB 1208. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2, Parsons of the 29th, Casas of the 68th and Reece of the 11th:

A BILL to amend Article 4A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to community involvement in education and the role of local boards of education and school councils, so as to change the provisions relating to school councils and their membership, selection, terms, powers, duties, officers, operations, bylaws, meetings, practices, and procedures; and for other purposes.

Referred to the Education Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 436 Do Pass

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

Mr. President:

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

HB 1207 Do Pass Mr. President:

Respectfully submitted, Senator Hill of the 4th District, Chairman

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

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HB 259 HB 326

Do Pass Do Pass by substitute
Respectfully submitted, Senator Lamutt of the 21st District, Chairman

Mr. President:

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

SB 240 SB 298

Do Pass as amended Do Pass by substitute

SB 441 SB 442

Do Pass by substitute Do Pass

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

Mr. President:

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

SB 389 Do Pass

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

Mr. President:

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

HB 1063 SR 569 SR 626

Do Pass Do Pass Do Pass

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

The following legislation was read the second time:

SB 356

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The President introduced Chief Tommy Whitaker and Chief Carl Smith in honor of Firefighter Recognition Day, commended by SR 640, adopted previously. Chief Whitaker and Chief Smith addressed the Senate briefly.

Senator Tate of the 38th introduced the doctor of the day, Dr. Spencer Brewer.

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

Senator Starr of the 44th asked unanimous consent that Senator Kemp of the 3rd be excused. The consent was granted, and Senator Kemp was excused.

Senator Brush of the 24th asked unanimous consent that Senator Collins of the 6th be excused. The consent was granted, and Senator Collins was excused.

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

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

Collins (Excused)

Kemp, R (Excused)

Meyer von Bremen (Excused)

The members pledged allegiance to the flag.

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Senator Levetan of the 40th introduced the chaplain of the day, Rabbi Steven Ballaban of Atlanta, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 662. By Senators Johnson of the 1st and Thomas of the 2nd:
A RESOLUTION commending the City of Savannah and the Siege of Savannah reenactment coordinators; and for other purposes.
SR 663. By Senators Zamarripa of the 36th, Tate of the 38th, Reed of the 35th and Kemp of the 46th:
A RESOLUTION commending Christina Dixon; and for other purposes.
SR 664. By Senators Levetan of the 40th and Hooks of the 14th:
A RESOLUTION commending and congratulating the Honorable Frederick Richard Waitsman; and for other purposes.
SR 665. By Senators Levetan of the 40th, Henson of the 41st and Butler of the 55th:
A RESOLUTION recognizing and honoring the contributions of Mrs. Eva Jewell "Mother Greene" Greene; and for other purposes.
SR 666. By Senators Adelman of the 42nd, Henson of the 41st and Levetan of the 40th:
A RESOLUTION commending the Marist High School War Eagles football team; and for other purposes.
SR 667. By Senator Harbison of the 15th:
A RESOLUTION commending the Youth Advisory Council of Columbus, Georgia; and for other purposes.
SR 670. By Senators Unterman of the 45th and Seay of the 34th:
A RESOLUTION recognizing February 6, 2004, as Go Red for Women Day; and for other purposes.

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SR 673. By Senators Brush of the 24th, Crotts of the 17th, Dean of the 31st and Mullis of the 53rd:

A RESOLUTION recognizing the month of May, 2004, as "Motorcycle Awareness and You Month" in Georgia; and for other purposes.

Senator Lee of the 29th introduced Superior Court Judge Quillian Baldwin. Judge Baldwin 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

Tuesday, February 3, 2004 Eleventh Legislative Day

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

SB 389

Blitch of the 7th Golden of the 8th COOK COUNTY

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.

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

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

Y Adelman Balfour
Y Blitch Y Bowen Y Brown Y Brush

Y Harbison Y Harp Y Henson Y Hill Y Hooks
Hudgens

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

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

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
Seabaugh

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 legislation, the yeas were 45, nays 0.

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

Senator Kemp of the 46th introduced Vincent J. "Vince" Dooley, commended by SR 583, adopted previously. Vince Dooley addressed the Senate briefly.

SENATE RULES CALENDAR TUESDAY, FEBRUARY 3, 2004 ELEVENTH LEGISLATIVE DAY

PURSUANT TO SENATE RULE 88 (c) THE FOLLOWING BILLS OF THE SENATE ARE AT THE BOTTOM OF THE RULES CALENDAR FOR TUESDAY, FEBRUARY 03, 2004.

SB 428

School attendance requirements; driver's license; change penalties (Substitute)(Amendments)(ED-29th)

SB 429

Student Achievement, Office of; education flexibility/accountability; revisions (Substitute)(Amendments)(ED-29th)

Respectfully submitted,

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

The following legislation was continued upon its passage:

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SB 428. By Senators Lee of the 29th, Shafer of the 48th, Smith of the 52nd and Brush of the 24th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change penalties for failure to comply with compulsory attendance requirements; to amend Code Section 40-5-22, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, so as to eliminate permission of a students parent or guardian as exceptions to the school attendance requirements to obtain a drivers license; to provide for additional offenses to prohibit a suspended student from maintaining a drivers license; to provide conditions for reinstatement of drivers licenses and permits for suspended students; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate Education Committee offered the following substitute to SB 428:
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 change penalties for failure to comply with compulsory attendance requirements; to provide for written summaries of penalties and consequences of failure to comply with compulsory attendance requirements; to provide for student attendance protocols and their contents, purpose, and dissemination; to provide for student attendance protocol committees and their membership and duties; to provide for designation of school employees as attendance officers; to change the authority of attendance officers; to require school principals to support the authority of teachers to remove certain students from a classroom; to revise the definition of "disciplinary orders" to include those from private schools and out-of-state schools; to provide for additional requirements for student codes of conduct; to provide that prohibited activities apply to school buses; to provide for provisions in student codes of conduct for off-campus behavior by a student; to eliminate the requirement that local boards of education submit a copy of their student codes of conduct to the State Board of Education; to provide that local board policies require local school superintendents to support the authority of principals and teachers to remove certain students from a classroom; to change certain provisions relating to suspending students for committing acts of physical violence to conform to other Code sections; to revise certain provisions relating to disciplinary hearings by a disciplinary hearing officer, panel, or tribunal; to require that all disciplinary hearings be held within a certain time after the beginning of a students suspension; to provide for notice to any teacher who is called as a witness for a disciplinary hearing; to delete certain provisions relating to disciplinary actions for

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children in kindergarten through grade five; to amend Code Section 40-5-22, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, so as to eliminate permission of a students parent or guardian as exceptions to the school attendance requirements to obtain a drivers license; to provide for an additional exception for a minor pursuing a general educational development diploma; to provide for additional offenses to prohibit a suspended student from maintaining a drivers license; to provide conditions for reinstatement of drivers licenses and permits for suspended students; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking subsection (b) of Code Section 20-2690.1, relating to mandatory education for children, and inserting in lieu thereof the following:
"(b) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed not less than $25.00 and not greater than $100.00, or imprisonment not to exceed 30 days, community service, or both any combination of such penalties, at the discretion of the court having jurisdiction. Each days absence from school in violation of this part after the childs school system notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. Public schools shall provide to the parent, guardian, or other person having control or charge of each child enrolled in public school a written summary of possible consequences and penalties for failing to comply with compulsory attendance under this Code section for children and their parents, guardians, or other persons having control or charge of children, as provided in Code Section 20-2-690.2. The parent, guardian, or other person who has control or charge of a child or children shall sign a statement indicating receipt of such written statement of possible consequences and penalties; children who are age ten years or older by September 1 shall sign a statement indicating receipt of such written statement of possible consequences and penalties. After two reasonable attempts by the school to secure such signature or signatures, the school shall be considered to be in compliance with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, to such parent, guardian, other person who has control or charge of a child, or child. Public schools shall retain signed copies of statements through the end of the school year."
SECTION 2. Said chapter is further amended by inserting a new Code section to be designated Code Section 20-2-690.2 to read as follows:

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"20-2-690.2. (a) The chief judge of the superior court of each county shall establish a student attendance protocol committee for its county. The purpose of the committee shall be to ensure coordination and cooperation among officials, agencies, and programs involved in compulsory attendance issues, to reduce the number of unexcused absences from school, and to increase the percentage of students present to take tests which are required to be administered under the laws of this state. The chief judge is responsible for ensuring that all members of the committee are notified of their responsibility to the committee and shall call the first meeting of the committee in each county. The committee shall elect a chairperson and may elect other officers. (b) Each local board of education shall participate in and implement the recommendations of the committee as provided in this Code section. Independent school systems may participate in the committee in the county in which its system resides. Independent school systems whose geographic area resides in more than one county may select one of the counties in which it resides in which to participate. An independent school system that elects not to participate in the committee of the county in which it resides shall request that the chief judge of the superior court of a county in which it resides establish an independent student attendance protocol committee in the same manner as then established for such county. (c) Each of the following agencies, officials, or programs shall designate a representative to serve on the committee:
(1) The chief judge of the superior court; (2) The juvenile court judge or judges of the county; (3) The district attorney for the county; (4) The solicitor-general of state court, if the county has a state court; (5) The Department of Juvenile Justice, which may include representatives from area youth detention centers or regional youth detention centers; (6) The superintendent and at least one certificated personnel of each public school system in the county; (7) The sheriff of the county; (8) The chief of police of the county police department; (9) The chief of police of each municipal police department in the county; (10) The county department of family and children services; (11) The county board of health; (12) The county mental health organization; (13) The county Family Connection commission, board, or authority, or other county agency, board, authority, or commission having the duty and authority to study problems of families, children, and youth and provide services to families, children, and youth; and (14) The court approved community based risk reduction program established by the juvenile court in accordance with Code Section 15-11-10, if such a program has been established. (d) The committee thus established may appoint such additional members as necessary

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and proper to accomplish the purposes of the committee. (e) Each committee shall, by June 1, 2005, adopt a written student attendance protocol for its county school system and for each independent school system within its geographic boundaries which shall be filed with the Department of Education. The protocol shall outline in detail the procedures to be used in identifying, reporting, investigating, and prosecuting cases of alleged violations of Code Section 20-2-690.1, relating to mandatory school attendance. The protocol shall outline in detail methods for determining the causes of failing to comply with compulsory attendance and appropriately addressing the issue with children and their parents or guardians. The protocol shall also include recommendations for policies relating to tardiness. The Department of Education shall provide model school attendance protocols, if requested by the committee. (f) A copy of the protocol shall be furnished to each agency, official, or program within the county that has any responsibility in assisting children and their parents or guardians in complying with Code Section 20-2-690.1. (g) The committee shall write the summary of possible consequences and penalties for failing to comply with compulsory attendance under Code Section 20-2-690.1 for children and their parents, guardians, or other persons who have control or charge of children for distribution by schools in accordance with Code Section 20-2-690.1. The summary of possible consequences for children shall include possible dispositions for unruly children and possible denial or suspension of a drivers license for a child in accordance with Code Section 40-5-22. (h) The committee shall continue in existence after writing the student attendance protocol. The chief judge of the superior court of each county shall ensure that the committee meets at least quarterly during the first year, and twice annually thereafter, to evaluate compliance with the protocol, effectiveness of the protocol, and appropriate modifications. (i) Each local board of education shall report student attendance rates to the committee and the State Board of Education at the end of each school year, according to a schedule established by the State Board of Education."
SECTION 3. Said chapter is further amended by striking Code Section 20-2-695, relating to attendance officers, and inserting in lieu thereof the following:
"20-2-695. (a) A local board of education may employ an attendance officer or attendance officers in addition to a visiting teacher or visiting teachers. Such an attendance officer must be paid wholly from local funds of the local board unless state funds are specifically appropriated for purposes of employment of attendance officers, in which case state funds may be used to the extent so appropriated. Attendance officers shall not be required to qualify under rules and regulations promulgated by the Professional Standards Commission for the certification of visiting teachers. (a.1) A local board of education may designate one or more school employees as an

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attendance officer or attendance officers. Such school employees designated as attendance officers shall have the duties and authority of attendance officers defined in this subpart. (b) The authority and duties of any attendance officer so appointed by a local board of education shall include:
(1) The duty to cooperate with state agencies, make monthly reports to that officers school superintendent, and comply with state and local rules as provided in Code Section 20-2-696; (2) The authority to receive cooperation and attendance reports from that officers school system as provided for in Code Section 20-2-697; (3) When specifically authorized by the appointing local board of education, the The authority to assume temporary custody of children absent from school for the purpose of delivering the child to school or to the parent, guardian, or other person who has control or charge of the child, or if the child has been adjudged delinquent or unruly, to the probation officer of the county having jurisdiction over the child in the same manner as authorized for peace officers under Code Sections 20-2-698 through 20-2700; and any attendance officer so authorized by the appointing local board of education shall, when engaged in such function, have the same duties, authority, rights, privileges, and immunities as applicable to a peace officer engaged in such function, provided that the same shall not extend to the carrying of a weapon unless the attendance officer holds a valid certification as a peace officer from the Georgia Peace Officer Standards and Training Council; (4) The duty to report children absent from school to the juvenile court or other court having jurisdiction as provided for in Code Section 20-2-701; and (5) Such other authority and duties as may be provided by law or as may be provided by the appointing local board of education in conformity with law. Attendance officers and school employees designated as attendance officers pursuant to subsection (a.1) of this Code section, when acting in their official capacity pursuant to this subsection, shall be immune from criminal or civil liability for, or arising out of, any act or omission concerning, relating to, or resulting from their performance of duties under this subsection."
SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 20-2-738, relating to authority of teacher over classroom, procedures following removal of student from classroom, and placement review committees, and inserting in lieu thereof the following:
"(b) On and after July 1, 2000, a A teacher shall have the authority to remove from his or her class a student who repeatedly or substantially interferes with the teachers ability to communicate effectively with the students in the class or with the ability of the students classmates to learn, where the students behavior is in violation of the student code of conduct, provided that the teacher has previously filed a report pursuant to Code Section 20-2-737 or determines that such behavior of the student poses an

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immediate threat to the safety of the students classmates or the teacher. Each school principal shall fully support, including establishing and disseminating procedures, the authority of every teacher in his or her school to remove a student from the classroom under this Code section. The teacher shall file with the principal or the principals designee a report describing the students behavior, in one page or less, by the end of the school day on which such removal occurs or at the beginning of the next school day. The principal or the principals designee shall, within one school day after the students removal from class, send to the students parents or guardians written notification that the student was removed from class, a copy of the report filed by the teacher, and information regarding how the students parents or guardians may contact the principal or the principals designee."
SECTION 5. Said chapter is further amended by striking Code Section 20-2-751.2, relating to students subject to disciplinary orders of other school systems, and inserting in lieu thereof the following:
"20-2-751.2. (a) As used in this Code section, the term 'disciplinary order' means any order of a local school system in this state, a private school in this state, or a public school outside of this state which imposes short-term suspension, long-term suspension, or expulsion upon a student in such system or school. (b) A local board of education which has a student who attempts to enroll or who is enrolled in any school in its school system during the time in which that student is subject to a disciplinary order of any other school system is authorized to refuse to enroll or subject that student to short-term suspension, long-term suspension, or expulsion for any time remaining in that other school systems or schools disciplinary order upon receiving a certified copy of such order if the offense which led to such suspension or expulsion in the other school system or school was an offense for which suspension or expulsion could be imposed in the enrolling school. (c) A local school system or school may request of another school system or school whether any disciplinary order has been imposed by the other school system or school upon a student who is seeking to enroll or is enrolled in the requesting system or school. If such an order has been imposed and is still in effect for such student, the requested school system or private school in this state shall so inform the requesting system or school and shall provide a certified copy of the order to the requesting system or school. (d) If any school administrator determines from the information obtained pursuant to this Code section or from Code Section 15-11-28 or 15-11-80 that a student has been convicted of or has been adjudicated to have committed an offense which is a designated felony act under Code Section 15-11-63, such administrator shall so inform all teachers to whom the student is assigned. Such teachers and other certificated professional personnel as the administrator deems appropriate may review the information in the students file provided pursuant to this Code section that has been

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received from other schools or from the juvenile courts or superior courts. Such information shall be kept confidential."
SECTION 6. Said chapter is further amended by striking Code Section 20-2-751.5, relating to student codes of conduct, and inserting in lieu thereof the following:
"20-2-751.5. (a) Each student code of conduct shall contain provisions that address the following conduct of students during school hours, and at school related functions, and on the school bus, in a manner that is appropriate to the age of the student:
(1) Verbal assault, including threatened violence, of teachers, administrators, and other school personnel; (2) Physical assault or battery of teachers, administrators, and other school personnel; (3) Disrespectful conduct toward teachers, administrators, and other school personnel, including use of vulgar or profane language; (4) Verbal assault of other students; (5) Physical assault or battery of other students; (6) Disrespectful conduct toward other students, including use of vulgar or profane language; and (7) Verbal assault of, physical assault or battery of, and disrespectful conduct, including use of vulgar or profane language, toward persons attending school related functions.; (8) Failure to comply with compulsory attendance as required under Code Section 20-2-690.1; (9) Willful or malicious damage to real or personal property of the school or to personal property of any person legitimately at the school; (10) Inciting, advising, or counseling of others to engage in prohibited acts; (11) Marking, defacing, or destroying school property; (12) Possession of a weapon, as provided for in Code Section 16-11-127.1; (13) Unlawful use or possession of illegal drugs or alcohol; and (14) Willful and persistent violation of the student code of conduct. With regard to paragraphs (9) and (11) of this subsection, each student code of conduct shall also contain provisions that address conduct of students during off-school hours. (b)(1) In addition to the requirements contained in subsection (a) of this Code section, each Each student code of conduct shall include comprehensive and specific provisions prescribing and governing student conduct and safety rules on all public school buses. The specific provisions shall include but not be limited to:
(A) Students shall be prohibited from acts of physical violence as defined by Code Section 20-2-751.6, bullying as defined by subsection (a) of Code Section 20-2751.4, physical assault or battery of other persons on the school bus, verbal assault of other persons on the school bus, disrespectful conduct toward the school bus driver or other persons on the school bus, and other unruly behavior; (B) Students shall be prohibited from using any electronic devices during the

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operation of a school bus, including but not limited to cell phones; pagers; audible radios, tape or compact disc players without headphones; or any other electronic device in a manner that might interfere with the school bus communications equipment or the school bus drivers operation of the school bus; and (C) Students shall be prohibited from using mirrors, lasers, flash cameras, or any other lights or reflective devises in a manner that might interfere with the school bus drivers operation of the school bus. (2) If a student is found to have engaged in physical acts of violence as defined by Code Section 20-2-751.6, the student shall be subject to the penalties set forth in such Code section. If a student is found to have engaged in bullying as defined by subsection (a) of Code Section 20-2-751.4 or in physical assault or battery of another person on the school bus, the local school board policy shall require a meeting of the parent or guardian of the student and appropriate school district officials to form a school bus behavior contract for the student. Such contract shall provide for progressive age-appropriate discipline, penalties, and restrictions for student misconduct on the bus. Contract provisions may include but shall not be not limited to assigned seating, ongoing parental involvement, and suspension from riding the bus. This subsection is not to be construed to limit the instances when a school code of conduct or local board of education may require use of a student bus behavior contract. (3) No later than August 15, 2002, each local board of education shall send to the State Board of Education a copy of the provisions of its student code of conduct that address the items identified in paragraphs (1) and (2) of this subsection. The state board shall review such provisions to ensure that each of the items identified in paragraphs (1) and (2) of this subsection is addressed and shall notify a local board of education, no later than October 15, 2002, of any items which are not addressed in its submission to the state board. Nothing in this subsection shall be construed as authorizing or requiring the state board to review or approve the substance of the student code of conduct. (c) Each student code of conduct shall also contain provisions that address any offcampus behavior of a student which could result in the student being criminally charged with a felony and which makes the students continued presence at school a potential danger to persons or property at the school or which disrupts the educational process. (d) Local board policies relating to student codes of conduct shall provide that each local school superintendent shall fully support, including establishing and disseminating procedures, the authority of principals and teachers in the school system to remove a student from the classroom pursuant to Code Section 20-2-738. It is the policy of this state that it is preferable to reassign disruptive students to alternative educational settings rather than to suspend or expel such students from school. (c)(e) Any student handbook which is prepared by a local board or school shall include a copy or summary of the student code of conduct for that school or be accompanied by a copy of the student code of conduct for that school. If a student handbook contains a summary of the student code of conduct, then a full copy of the student code of conduct

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shall be made available for review at the school. When distributing a student code of conduct, a local school shall include a form on which the students parent or guardian may acknowledge his or her receipt of the code, and the local school shall request that the form be signed and returned to the school."
SECTION 7. Said chapter is further amended by striking Code Section 20-2-751.6, relating to suspension policy for students committing acts of physical violence resulting in injury to teachers, and inserting in lieu thereof the following:
"20-2-751.6. (a) As used in this Code section, the term 'physical violence' means:
(1) Intentionally making physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally making physical contact which causes physical harm to another unless such physical contacts or physical harms were in defense of himself or herself, as provided in Code Section 16-3-21. (b) Local board of education policies and student codes of conduct shall provide for the penalties to be assessed against a student found by a disciplinary hearing officer, panel, or tribunal pursuant to Code Section 20-2-752 to have committed any act of physical violence against a teacher, school bus driver, or other school official or employee. The local board shall appoint a Such disciplinary hearing officer, panel, or tribunal to shall hold a any disciplinary hearing pursuant to in accordance with the provisions of Code Section 20-2-754 regarding the alleged act of physical violence and penalty. Any student alleged to have committed an act of physical violence shall be suspended pending the hearing by the disciplinary hearing officer, panel, or tribunal. The tribunal shall be composed of three teachers or certificated education personnel, appointed by the local school board. The decision of the disciplinary hearing officer, panel, or tribunal shall determine all issues of fact and intent and shall submit its findings and recommendations may be appealed to the local school board pursuant to Code Section 20-2-754 for imposition of punishment in accordance with this Code section. If appropriate under paragraph (1) of subsection (c) of this Code section, the tribunals recommendations decision of the disciplinary hearing officer, panel, or tribunal shall include a recommendation as to whether a student may return to public school and, if return is recommended, a recommended time for the students return to public school. The local school board may follow the recommendations of the tribunal or impose penalties not recommended by the disciplinary hearing officer, panel, or tribunal. (c)(1) A student found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section against a teacher, school bus driver, school official, or school employee shall be expelled from the public school system. The expulsion shall be for the remainder of the students eligibility to attend public school pursuant to Code Section 20-2-150. The local school board at its discretion may permit the student to attend an alternative education program for the period of the students expulsion. If

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the student who commits an act of physical violence is in kindergarten through grade eight, then the local school board at its discretion and on the recommendation of the disciplinary hearing officer, panel, or tribunal may permit such a student to reenroll in the regular public school program for grades nine through 12. If the local school board does not operate an alternative education program for students in kindergarten through grade six, the local school board at its discretion may permit a student in kindergarten through grade six who has committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section to reenroll in the public school system; (2) Any student who is found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence against a teacher, school bus driver, school official, or school employee as defined in paragraph (2) of subsection (a) of this Code section shall be referred to juvenile court with a request for a petition alleging delinquent behavior; and (3) Any student who is found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence as defined in paragraph (1) of subsection (a) of this Code section against a teacher, school bus driver, school official, or school employee may be disciplined by expulsion, long-term suspension, or short-term suspension. (d) The provisions of this Code section shall apply with respect to any local school system which receives state funding pursuant to Code Sections 20-2-161 and 20-2-260. (e) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990."
SECTION 8. Said chapter is further amended by striking Code Section 20-2-753, relating to disciplinary hearings held by a disciplinary hearing officer, panel, or tribunal, and inserting in lieu thereof the following:
"20-2-753. (a) In addition to any proceedings which are authorized in Code Section 20-2-752, local boards of education shall appoint a disciplinary hearing officer, panel, or tribunal of school officials to hold a disciplinary hearing following any instance of an alleged violation of the student code of conduct where the principal recommends a suspension or expulsion of longer than ten school days or an alleged assault or battery by a student upon any teacher or other school official or employee, if such teacher or other school official or employee so requests.:
(1) An alleged assault or battery by a student upon any teacher, other school official, or employee; (2) An alleged assault or battery by a student upon another student, if, in the discretion of the school principal, the alleged assault or battery could justify the expulsion or long-term suspension of the student; or

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(3) Substantial damage alleged to be intentionally caused by a student on school premises to personal property belonging to a teacher, other school official, employee, or student, if, in the discretion of the school principal, the alleged damage could justify the expulsion or long-term suspension of the student. (b) The board of education shall by appropriate rule, regulation, or resolution require that when any instance specified in subsection (a) of this Code section occurs, the teacher, other school official, employee, or student who is subjected to the assault, battery, or damage shall file a complaint with the school administration and with the local board of education. (b) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990."
SECTION 9. Said chapter is further amended by striking subsections (b) and (c) of Code Section 20-2754, relating to procedures to be followed by disciplinary hearing officers, panels, or tribunals, and inserting in lieu thereof the following:
"(b) A disciplinary officer, panel, or tribunal of school officials appointed as required by Code Section 20-2-753 shall, in addition to any other requirements imposed by rules and regulations which may have been promulgated pursuant to Code Section 20-2-752, ensure that:
(1) All parties are afforded an opportunity for a hearing after reasonable notice served personally or by mail. This notice shall be given to all parties and to the parent or guardian of the student or students involved and shall include a statement of the time, place, and nature of the hearing; a short and plain statement of the matters asserted; and a statement as to the right of all parties to present evidence and to be represented by legal counsel; (2) The hearing is held no later than ten school days after the beginning of the suspension; (2)(3) All parties are afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses on all issues unresolved; and (4) Any teacher who is called as a witness shall be given notice no later than three days prior to the hearing; and (3)(5) A verbatim electronic or written record of the hearing shall be made and shall be available to all parties. (c) If appointed to review an instance specified in pursuant to Code Section 20-2-753, the disciplinary officer, panel, or tribunal shall conduct the hearing and, after receiving all evidence, render its decision, which decision shall be based solely on the evidence received at the hearing. The decision shall be in writing and shall be given to all parties within ten days of the close of the record. Any decision by such disciplinary officer, panel, or tribunal may be appealed to the local board of education by filing a written notice of appeal within 20 days from the date the decision is rendered. Any disciplinary

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action imposed by such officer, panel, or tribunal may be suspended by the school superintendent pending the outcome of the appeal."
SECTION 10. Said chapter is further amended by striking Code Section 20-2-759, relating to children in kindergarten through grade five, and inserting in lieu thereof the following:
"20-2-759. (a) Except as otherwise expressly provided in this subpart, this subpart shall not apply to children in kindergarten through elementary grade five. (b) The local school superintendent shall determine the disciplinary actions or proceedings for children exempt from this subpart under subsection (a) of this Code section Reserved."
SECTION 11. Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, is amended by striking subsection (a.1) and inserting in lieu thereof the following:
"(a.1)(1) The department shall not issue an instruction permit or drivers license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or drivers license, the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) equivalency diploma, a special diploma, or a certificate of high school completion, has permission of his or her parent or guardian to withdraw from school, or has terminated his or her secondary education and is enrolled in a postsecondary school, pursuing a general educational development (GED) diploma, or the records of the department indicate that said applicant:
(A) Is enrolled in and not under suspension from a public or private school and satisfies relevant attendance requirements as set forth in paragraph (2) of this subsection; or (B) Is enrolled in a home education program that satisfies the requirements of all state laws governing such courses. (2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or drivers license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who has permission of his or her parent or guardian to withdraw from school or who is pursuing a general educational development (GED) diploma` that such minors instruction permit or drivers license is suspended subject to review as provided for in this subsection if the records of the department indicate that such minor: (A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has more than ten consecutive school days of unexcused absences in any

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semester or combination of two consecutive quarters; or (C) Has been suspended from school for:
(i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property; or (iii) Possession or use of a weapon on school property. For purposes of this subparagraph, the term 'weapon' shall be defined in accordance with Code Section 16-11-127.1 but shall not include any part of an archeological or cultural exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student; or (D) Has been suspended from school, for any reason, for more than ten cumulative days. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the persons last known address shall be prima-facie evidence that such person received the required notice. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or drivers license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period to end upon the date of such minors eighteenth birthday, but such minors instruction permit or drivers license shall be reinstated if the minor submits evidence satisfactory to the department that he or she has resumed regular studies as determined by the State Board of Education or is pursuing a general educational development (GED) diploma and qualifies for an instruction permit or drivers license under the provisions of this subsection, upon payment of a restoration fee of $50.00; provided, however, that any instruction permit or drivers license suspended pursuant to subparagraph (C) or (D) of this paragraph shall not be reinstated until 90 days six months after the effective date of the suspension of such permit or license by the department or for the duration of the minors suspension from school, whichever is longer. (3) The State Board of Education and the commissioner of motor vehicle safety are authorized to promulgate rules and regulations to implement the provisions of this subsection."
SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

At 12:30 p.m. the President announced that the Senate would stand in recess until 2:00 p.m.

At 2:00 p.m. the President called the Senate to order.

The Calendar was resumed.

Senator Thomas of the 10th moved that SB 428 be committed to the Senate Education Committee.

Senator Lee of the 29th objected.

On the motion to commit, 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 N Dean Y Fort N Gillis Y Golden N Hall N Hamrick

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 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 21, nays 34; the motion lost, and SB 428 was not committed to the Senate Education Committee.

Senator Adelman of the 42nd moved that SB 428 be committed to the Senate Education Committee for the purpose of obtaining a fiscal note.

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Senator Lee of the 29th objected.

On the motion to commit, 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 N Dean Y Fort N Gillis Y Golden N Hall N Hamrick

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

Y Seay N Shafer 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
Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the motion the yeas were 21, nays 34; the motion lost, and SB 428 was not committed to the Senate Education Committee.

Senator Meyer von Bremen of the 12th offered the following amendment #1:

Amend the Senate Education Committee substitute to SB 428 by deleting from lines 16 through 17 of page 1 the following: "to change certain provisions relating to suspending students for committing acts of physical violence to conform to other Code sections;".

By striking line 29 of page 9 through line 17 of page 11 and inserting in its place the following: "SECTION 7. Reserved."

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

Y Adelman N Balfour

Y Harbison N Harp

Y Seay N Shafer

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

Y 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 27, nays 29, and the Meyer von Bremen amendment # 1 was lost.

Senator Meyer von Bremen of the 12th offered the following amendment #2:

Amend the Senate Education Committee substitute to SB 428 by striking from line 12 of page 9 "could result" and inserting in lieu thereof "results".

By striking "and" on line 13 of page 9 and inserting in lieu thereof ", which leads to a delinquency proceeding in juvenile court, or".

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

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

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

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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 N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 27, nays 29, and the Meyer von Bremen amendment # 2 was lost.

Senators Meyer von Bremen of the 12th, Thompson of the 33rd, Tate of the 38th, Smith of the 25th and Butler of the 55th offered the following amendment # 3:

Amend the Senate Education Committee substitute to SB 428 by deleting from lines 21 through 22 of page 1 the following: "to delete certain provisions relating to disciplinary actions for children in kindergarten through grade five;"

and inserting in lieu thereof the following: "to delete certain provisions relating to disciplinary actions for children in kindergarten through grade five; to provide for reimbursement to local school systems for costs incurred relating to alternative education programs and services for children in kindergarten through grade five;"

By striking lines 10 through 13 on page 13 and inserting in lieu thereof the following: "The Department of Education shall reimburse local school systems for all reasonable costs incurred in providing an alternative education program and alternative education services for children in kindergarten through grade five in the event such children are required to attend an alternative school due to a violation of the student code of conduct, as provided for in Code Section 20-2-735.'"

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

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

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

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

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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 26, nays 30, and the Meyer von Bremen, et al. amendment # 3 was lost.

Senator Meyer von Bremen of the 12th offered the following amendment # 4:

Amend the Senate Education Committee substitute to SB 428 by inserting immediately following "students;" on line 29 of page 1, the following:
"to provide for reimbursement to local school systems for costs incurred relating to implementation of Code Section 40-5-22;".

By striking the quotation mark at the end of line 9 of page 15 and by adding between lines 9 and 10 of page 15 the following: "(4) The Department of Education shall reimburse local school systems for all reasonable costs incurred in providing and transmitting data to the department and in performing other duties pursuant to the implementation of this Code section.'"

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

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

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

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

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

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

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

On the adoption of the amendment, the yeas were 26, nays 29, and the Meyer von Bremen amendment # 4 was lost.

Senators Meyer von Bremen of the 12th, Thompson of the 33rd, Tate of the 38th and Smith of the 25th offered the following amendment # 5:

Amend the Senate Education Committee substitute to SB 428 by deleting from lines 24 through 25 of page 1 the following:
"to eliminate permission of a students parent or guardian as exceptions to the school attendance requirements to obtain a drivers license;", and inserting in lieu thereof the following: "to amend the exception relating to permission of a students parent or guardian to the school attendance requirements to obtain a drivers license;".

By striking from lines 24 through 25 of page 13 the following: "has permission of his or her parent or guardian to withdraw from school,",
and inserting in lieu thereof the following: "has permission of his or her parent or guardian to withdraw from school and to be issued a permit or license solely for purposes of traveling to and from his or her place of employment pursuant to an employment certificate issued under Code Section 39-2-11 or to and from a medical appointment,".

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

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

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

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

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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 Y 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 28, nays 28, and the Meyer von Bremen, et al. amendment # 5 was lost.

Senator Thompson of the 33rd moved that the Senate reconsider its action in defeating the Meyer von Bremen, et al. amendment # 5.

On the motion, a roll call was taken, 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 N Clay N Collins N Crotts N Dean Y Fort N Gillis Y Golden N Hall N Hamrick

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B 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 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 to reconsider, the yeas were 23, nays 32, and the motion to reconsider the Meyer von Bremen, et al. amendment # 5 was lost.

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Senators Reed of the 35th, Seay of the 34th and Thompson of the 33rd offered the following amendment # 6:

Amend the Senate Education Committee substitute to SB 428 by striking lines 21 and 22 of page 1 and inserting in lieu thereof the following:
"witness for a disciplinary hearing; to amend Code Section 40-5-22, relating to".

By striking lines 6 through 13 of page 13 and by renumbering Sections 11 through 13 as Sections 10 through 12, respectively.

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

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

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

Y Seay N Shafer Y Smith,F N Smith,P Y Squires 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 24, nays 32, and the Reed, et al. amendment # 6 was lost.

Senators Butler of the 55th, Tate of the 38th, Brown of the 26th, Thompson of the 33rd and Thomas of the 10th offered the following amendment # 7:

Amend the Senate Education Committee substitute to SB 428 by striking "students;" on line 29 of page 7 and inserting in lieu thereof "students, including threatened violence or sexual harassment;".

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By striking "students;" on line 30 of page 7 and inserting in lieu thereof "students, including sexual harassment;".

By striking lines 6 and 7 on page 8 and inserting in lieu thereof the following: "(13) Unlawful use or possession of illegal drugs or alcohol; (14) Willful and persistent violation of the student code of conduct; (15) Bullying as defined Code Section 20-2-751.4; and (16) Marking, defacing, or destroying the property of another student."

Senators Butler of the 55th, Smith of the 52nd, Lee of the 29th, Seabaugh of the 28th, Brush of the 24th and Shafer of the 48th offered the following amendment # 7a:

Amend floor amendment #7 (AM 33 0007) to the Senate Education Committee Substitute to SB 428 by striking at the end of lines 4 and 6 the semicolon and period and adding the following: "as defined pursuant to Title IX of the Education Amendments of 1972;"

On the adoption of the amendment, the yeas were 46, nays 0, and the Butler, et al. amendment # 7a was adopted.

On the adoption of the amendment, the yeas were 49, nays 0, and the Butler, et al. amendment # 7 was adopted as amended.

Senators Thompson of the 33rd and Brown of the 26th offered the following amendment # 8:

Amend the Education Committee Substitute to SB 428 by striking lines 5 through 6 on page 5 and inserting in its place "(a.1) A local board of education may designate one or more resource officers as an attendance officer or attendance officers. Such resource officers designated as attendance"

By striking line 31 on page 5 and inserting in its place "Attendance officers and resource officers designated as attendance officers pursuant to"

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

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

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

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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 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 23, nays 33, and the Thompson, Brown amendment # 8 was lost.

Senators Starr of the 44th and Williams of the 19th offered the following amendment # 9:

Amend the Committee Substitute to SB 428 by adding after the word "county;" on line 25 page 3 and one school board member.

On the adoption of the amendment, the yeas were 47, nays 0, and the Starr, Williams amendment # 9 was adopted.

Senators Zamarripa of the 36th and Reed of the 35th offered the following amendment # 10:

Amend the Senate Education Committee substitute to SB 428 by striking lines 24 and 25 of page 1 and inserting in lieu thereof the following:
"training requirements, so as to amend the exception relating to permission of a students parent or guardian to the school attendance requirements to obtain a drivers license to include certain religious officials; to provide for".

By striking lines 24 and 25 of page 13 and inserting in lieu thereof the following: "school completion, has permission of his or her parent or guardian or a minister, rabbi, or other religious official authorized to perform marriage ceremonies in this state to withdraw from school, or has terminated his or her secondary education and is enrolled in a".

By striking lines 1 and 2 of page 14 and inserting in lieu thereof the following: "her secondary education and is enrolled in a postsecondary school, or who has

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permission of his or her parent or guardian or a minister, rabbi, or other religious official authorized to perform marriage ceremonies in this state to withdraw from school, or who is pursuing a general".

Senator Zamarripa of the 36th asked unanimous consent that his amendment # 10 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senators Clay of the 37th, Brush of the 24th, Lee of the 29th, Smith of the 52nd, Thompson of the 33rd and others offered the following amendment # 11:

Amend the Committee Substitute to SB 428 by adding on line 6 of page 5 after the word "officers" replace the period with a comma and add

however, no certified personnel may be designated as an attendance officer or attendance officers unless by agreement of the designated individual.

On the adoption of the amendment, the yeas were 53, nays 0, and the Clay, et al. amendment # 11 was adopted.

On the adoption of the substitute, the yeas were 39, nays 4, and the committee substitute was adopted as amended.

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

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

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

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 Y Levetan N Me V Bremen Y Moody Y Mullis

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 N Thomas,N N Thomas,R Y Thompson Y Tolleson Y Unterman

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N Golden Y Hall Y Hamrick

Y Price N Reed Y Seabaugh

Y Williams N Zamarripa

On the passage of the bill, the yeas were 41, nays 15.

SB 428, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

Secretary of the Senate,

2/3/04

Please correct my vote on Senate Bill 428 to reflect a "yes" vote. My voting button malfunctioned.
Sincerely,

/s/ Kasim Reed Senator 35th District

SB 429. By Senators Lee of the 29th, Shafer of the 48th, Smith of the 52nd and Brush of the 24th:

A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the revision of certain provisions regarding education flexibility and accountability; to change certain provisions regarding school councils; to change certain provisions regarding early intervention programs; to change certain provisions regarding budgeting, funding, and accounting; to change certain provisions regarding program weights; to change certain provisions regarding effectiveness assessment; to change certain provisions regarding organization of schools; to change certain provisions regarding legislative intent with respect to charter schools; to change certain provisions regarding petitions to establish charter schools; to repeal conflicting laws; and for other purposes.

The Senate Education Committee offered the following substitute to SB 429:

A BILL TO BE ENTITLED AN ACT

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To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the revision of certain provisions regarding education flexibility and accountability; to change certain provisions regarding school councils; to change certain provisions regarding early intervention programs; to change certain provisions regarding budgeting, funding, and accounting; to change certain provisions regarding program weights; to change certain provisions regarding effectiveness assessment; to change certain provisions regarding organization of schools; to change certain provisions regarding legislative intent with respect to charter schools; to change certain provisions regarding petitions to establish charter schools; to change certain provisions regarding operation, control, and management requirements for charter schools; to change certain provisions regarding the powers and duties of the Office of Education Accountability; to provide for changes to the accountability assessment; to amend the Official Code of Georgia Annotated so as to change the name "Office of Education Accountability" to "Office of Student Achievement"; 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 Code Section 20-2-86, relating to school councils, and inserting in its place a new Code Section 20-2-86 to read as follows:
"20-2-86. (a) By October 1, 2001, each local board of education that elects to participate in the Quality Basic Education Program provided for in Article 6 of this chapter shall have a school council operational at a minimum of one high school, one middle school, and one elementary school, except that if a school system does not have its schools organized in this manner the system shall designate schools for a school council as closely to the intent of this Code section as possible. By October 1, 2002, each local board of education shall have a school council operational in a minimum of 50 percent of the schools under its jurisdiction. Such school council shall operate pursuant to this Code section, and the local board of education shall assist all councils in their creation and operation. After two years of successful operation, and upon receiving a high performance designation by the Office of Education Accountability Student Achievement, the local board of education shall devolve to the school council such additional authority in matters of school operation as the local board deems appropriate. By October 1, 2003, each local board of education shall have a school council operational in each of the schools under its jurisdiction. Local boards of education may by board policy allow an alternative to a school council at a charter school, an alternative school, or a psychoeducation center if another advisory body or advisory council exists that performs a comparable function. (b) The local board of education shall provide a training program to assist schools in forming a school council and to assist school councilmembers in the performance of

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their duties. Such program shall address the organization of councils, their purpose and responsibilities, applicable laws, rules, regulations and meeting procedures, and important state and local school system program requirements and shall provide a model school council organization plan. The training program shall be offered to school councilmembers at least twice per school year, except that this program shall be offered during the month of July should there be members of the school council with a term commencing on July 1 who have not previously received this training. The State Board of Education shall develop and make available a model school council training program. (c) Membership on the council shall be open to teachers, parents, and business representatives selected from all businesses that are designated school business partners. Any member may withdraw from the council by delivering to the council a written resignation and submitting a copy to the secretary of the council or school principal. Should school councilmembers determine that a member of the council is no longer active in the council as defined by the bylaws of the council, the council may, by a majority vote of five members of the council, withdraw such persons membership status, effective as of a date determined by the council. (d) The property and business of the council shall be managed by a minimum of seven school councilmembers of whom a majority shall constitute a quorum. School councilmembers must be individuals who are 18 years of age or older. Members of the school council shall include:
(1) Two A number of parents or guardians of students enrolled in the school, excluding employees who are parents or guardians of such students, so that such parents or guardians make up a majority of the council and at least two of whom shall be businesspersons; (2) Two businesspersons, one of whom shall be selected by the local board of education and one of whom Other businesspersons may serve on the council and shall be selected by the other five nonbusiness members of the school council from the business partners of the school or, if there are no business partners, from the local business community; (3) At least two Two certificated teachers, excluding any personnel employed in administrative positions, who are employed at least four of the six school segments at the school; and (4) The school principal. An employee of the local school system may serve as a parent representative on the council of a school in which his or her child is enrolled if such employee works at a different school. With the exception of the principal and the business representatives, members shall be elected by, and from among, the group they represent. The chairperson of the council shall be the school principal. (e) Members of the council shall serve for a term of two years except that local schools may appoint or elect as prescribed in this Code section councilmembers for a one-year term to provide for staggered terms. Members of the council shall be eligible to be reappointed or reelected to succeeding terms. The office of school councilmember shall

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be automatically vacated: (1) If a member shall resign; (2) If the person holding the office is removed as a member by an action of the council pursuant to this Code section; or (3) If a member no longer meets the qualifications specified in this Code section.
An election within the electing body for a replacement to fill the remainder of an unexpired term shall be held within 30 days, unless there are 90 days or less remaining in the term in which case the vacancy shall remain unfilled. (f) All meetings of the school council shall be held at the school site and be open to the public. The council shall meet once a month, at the call of the chairperson, or at the request of a majority of the members of the council at least four times annually and the number of meetings shall be specified in the bylaws of the council. Notice by mail shall be sent to school councilmembers at least seven days prior to a meeting of the council. before the start of the academic year. Public notice to parents shall be sent as provided in subsection (g) of this Code section. School councils shall be subject to Chapter 14 of Title 50, relating to open and public meetings, in the same manner as local boards of education. Each member is authorized to exercise one vote. A quorum must be present in order to conduct official council business. Members of the council shall not receive remuneration to serve on the council or its committees. (g) After providing written public notice to all parents and teachers by a mode reasonably calculated to be delivered at least two weeks before the meeting of each electing body, the principal of each school shall call a meeting of electing bodies during the month of May each year for the purpose of selecting members of the school council by secret ballot as required by this Code section. The electing body for the parent members under paragraph (1) of subsection (d) of this Code section shall consist of all parents and guardians eligible to serve as a parent member of the school council, and the electing body for the teacher members shall consist of all certificated personnel eligible to serve as a teacher member of the school council. (h) The school council shall adopt such bylaws as it deems appropriate to conduct the business of the council. The adoption of bylaws or changes thereto requires five a majority of affirmative votes. The State Board of Education shall develop and make available model school council bylaws. (i) The school council shall have the same immunity as the local board of education in all matters directly related to the functions of the council.
(j)(1) The officers of the council shall be a chairperson, vice chairperson, and secretary. Officers of the council, other than the chairperson, shall be appointed by resolution of elected by the council at the first meeting of the council following the election of school councilmembers. The officers of the council shall hold office concurrently with the term of members of the council. (2) The vice chairperson shall, in the absence or disability of the chairperson, perform the duties and exercise the powers of the chairperson and shall perform such other duties as shall from time to time be imposed upon him or her prescribed by the council.

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(3) The secretary shall attend all meetings, act as clerk of the council, and be responsible for recording all votes and minutes of all proceedings in the books to be kept for that purpose. The secretary shall give or cause to be given notice of all meetings of the council and shall perform such other duties as may be prescribed by the council or the chairperson, under whose supervision the secretary shall be. (k) The members of the council are accountable to the constituents they serve and shall: (6)(1) Work to improve student achievement and performance.; (5)(2) Encourage the participation of parents and others within the school community; and (1)(3) Maintain a school-wide perspective on issues; (2)(4) Regularly participate in council meetings; (3)(5) Participate in information and training programs; and (4)(6) Act as a link between the school council and the community;. (l) The minutes of the council shall be made available to the public, for inspection at the school office, and shall be provided to the councilmembers, each of whom shall receive a copy of such minutes within 20 days following each council meeting. All school councils shall be subject to Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, in the same manner as local boards of education. (m) At all meetings of the council every question shall be determined by a majority vote of members present, representing a quorum. (n) The term of office of all councilmembers shall begin on July 1 and end on June 30. (o) The council may appoint committees, study groups, or task forces for such purposes as it deems helpful and may utilize existing or new school advisory groups. (p) The local board of education shall provide all information not specifically made confidential by law, including school site budget and expenditure information and site average class sizes by grade, to the council as requested and other information as provided in state board rules. The local board shall also designate an employee of the school system to attend council meetings as requested by a school council for the purpose of responding to questions the council may have concerning information provided to it by the local board or actions taken by the local board. (q) The local board of education shall receive all and consider recommendations of the school council, including the annual report, and shall have the authority to overturn any decision of the school council as follows: (1) Public notice shall be given to the community of the local boards intent to consider school council reports, recommendations, appointments, or any other decision of a school council; (2) Written notice shall be given to the members of the school council at least seven days prior to such a local board meeting, along with a notice of intent to consider a council report, recommendation, appointment, or any other decision of the council; or recommendation; and (3) The members of the school council shall be afforded an opportunity to present information in support of the school councils action; and.

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(4) A majority of the board members present, representing a quorum, vote to overturn the council decision. The local board of education shall respond to each recommendation recommendations of the school council within 60 days after being notified in writing of the recommendation. (r) The school principal shall have the following duties pertaining to school council activities: (1) Cause to be created a school council pursuant to this Code section by convening the appropriate bodies to select school councilmembers; setting the initial agenda, meeting time, and location; and notifying all school councilmembers of the same; (2) Serve as chairperson of the school council and perform Perform all of the duties required by law and the bylaws of the council; (3) Speak for and represent the council in all school council matters before the local board of education; (4)(3) Communicate all council requests for information and assistance to the local school superintendent and inform the council of responses or actions of the local school superintendent; (5)(4) Develop the school improvement plan and school operation plan and submit the plans to the school council for its review, comments, recommendations, and approval; and (6)(5) Aid in the development of Develop the agenda for each meeting of the council after taking into consideration suggestions of councilmembers and the urgency of school matters. An item may be added to the agenda at the request of three or more councilmembers; and. (7) Provide to the council the initial and midterm allotment sheets for the school that are provided by the Department of Education pursuant to Article 6 of this chapter. (s) School councils are advisory bodies. The councils shall provide advice and recommendations to the school principal and, where appropriate, the local board of education on any matter, including but not limited to, the following: (1) School calendar; (2) School codes for conduct and dress; (3) Curriculum, program goals, and priorities; (4) The schools improvement plan; (4)(5) The responses of the school to audits of the school as conducted by the Office of Education Accountability Student Achievement; (5)(6) Preparation and distribution to the community of a school profile which shall contain data as identified by the council to describe the academic performance, academic progress, services, awards, interventions, environment, and other such data as the council deems appropriate; (6)(7) In the case of a vacancy in the position of school principal due to transfer, retirement, resignation, or termination, the recommendation of a school principal from a list of qualified applicants submitted by the local board of education and local school superintendent to the council;

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(7)(8) School budget priorities, including school capital improvement plans; (8)(9) School-community communication strategies; (9)(10) Methods of reporting to parents and communities other than through the school profile; (10)(11) Extracurricular activities in the school; (11)(12) School-based and community services; (12)(13) Community use of school facilities; (13)(14) Recommendations concerning school School board policies; (14)(15) Receiving and reviewing reports Reports from the school principal regarding progress toward the schools student achievement goals, including progress within specific grade levels and subject areas and by school personnel; and (15)(16) The method and specifications for the delivery of early intervention services or other appropriate services for underachieving students."
SECTION 2. Said title is further amended by striking Code Section 20-2-153, relating to early intervention programs, and inserting in its place a new Code Section 20-2-153 to read as follows:
"20-2-153. (a) The State Board of Education shall create and each local board of education shall provide an early intervention program to serve students in kindergarten through grade five. The kindergarten early intervention program shall serve students enrolled in kindergarten. The primary grades early intervention program shall serve students enrolled in grades one through three. The upper elementary grades early intervention program shall serve students in grades four through five. (b) The early intervention program shall serve students who are at risk of not reaching or maintaining academic grade level, including but not limited to students who are identified through the first grade readiness assessment required by Code Sections 20-2151 and 20-2-281 and students with identified academic performance below grade levels defined by the Office of Education Accountability Student Achievement in Code Section 20-14-31 for any criterion-referenced assessment administered in accordance with Code Section 20-2-281 for grades one through five. Local school systems shall devise a process for the identification of such students at the beginning of each school year and also during the school year as a continuous process of early identification and monitoring. School systems may use indicators such as but not limited to the students scores on previous assessments, the students classroom performance in the same or previous years, and other reliable indicators to identify such students. A student shall be assigned to the early intervention program as soon as is practicable after the student is identified as at risk or after the results of the first-grade readiness assessment, or the criterion-referenced assessment, or other indicators are known. The school shall provide timely notice and an opportunity for a conference with the student and his or her parents or guardians to discuss the students academic performance and the role of the early intervention program.

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(c) The State Board of Education shall describe by rules and regulations such additional services, resources, support, or strategies as may be provided by the local school system. The specifications for delivery of early intervention services shall be the responsibility of local boards of education except that the program rules and regulations adopted by the State Board of Education shall be followed in designing the program delivery models. Delivery models may include, but are not limited to, class augmentation, pull-out or self-contained classes, and the Reading Recovery Program delivered by certificated personnel. (d) The early intervention program shall be designed with the intent of helping the student to perform at expectations and exit the program in the shortest possible time. Students shall be moved into this program, provided assistance, and moved out of this program upon reaching grade level performance. It is not the intent of the General Assembly that students be assigned to this program on a continuing or permanent basis. In developing accountability standards for schools, the Office of Education Accountability shall consider the length of time that students spend in the early intervention program as one of the determinants of performing and nonperforming schools. (e) Funding for the early intervention program shall have a full-time equivalent teacher-student ratio of one teacher to 11 students. (f) Each local school system shall annually report the number of students served in the early intervention program as part of the full-time equivalent program count conducted pursuant to Code Section 20-2-160."
SECTION 3. Said title is further amended by striking Code Section 20-2-167, relating to funding, budgeting, and accounting, and inserting in its place a new Code Section 20-2-167 to read as follows:
"20-2-167. (a)(1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2-161, specifying the number of positions earned and salaries and operational costs portions. 'Direct instructional costs' is defined as those components of the program weights which are specified in subsections (a) through (g) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the five instructional programs for disabled students shall be summed into one amount for special education. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2161. For each such program, each local school system shall spend a minimum of 90 percent of funds designated for direct instructional costs on the direct instructional

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costs of such program at the school site in which the funds were earned, except that funds earned for special education programs shall be summed for the purposes of this expenditure control. For the purposes of this expenditure control, funds earned for counselors and technology specialists shall each be summed to the school level. Only the state salary amounts resulting from the amount earned on the state-wide salary schedule as approved by the State Board of Education pursuant to Code Section 20-2212 plus associated benefits funded by the state and the salaries and any state earned benefits or comparable state earned benefits of technology specialists and classroom aides may be applied to the salary cost components for the purpose of meeting this expenditure control. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense; provided, however, that 100 percent of funds earned for direct instructional salaries shall be expended for salaries of direct instructional personnel and classroom aides. The total number of positions earned for direct instruction as specified in Code Section 20-2-182, adjusted for maximum class size, shall be employed for the delivery of services for which the funds were earned. This position control shall be for the kindergarten program, the kindergarten early intervention program, the primary grades program, and the primary grades early intervention program combined and the combined total for all other programs; provided, however, that positions earned for art, music, foreign language, and physical education, technology specialists, and counselors shall be totaled for all programs. Fractional amounts may be combined and used for any direct instructional position. Funds earned for any fractional amounts may be used for any direct instructional expense. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program specified by Code Section 20-2-161 which are not expended for direct instructional costs must be returned to the state treasury instruction shall be expended for direct instruction at the system level; and provided, further, that 100 percent of direct instructional funds for the kindergarten early intervention program, the primary grades early intervention program, and the upper elementary grades early intervention 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. Only the state salary amounts resulting from the amount earned on the state-wide salary schedule as approved by the State Board of Education pursuant to Code Section 20-2-212 plus associated benefits funded by the state and the salaries and any state earned benefits or comparable state earned benefits of technology specialists and classroom aides may be applied to the salary cost components for the purpose of meeting this expenditure control. In the event any local school system should fail to expend funds earned for direct instruction on direct instructional costs, the state board shall increase the local five mill share for an ensuing year by the difference. (2) The state board shall annually compute, based upon the initial allotment of funds

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to each local school system, the total funds needed system wide for media center costs, specifying the salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2-161. Each local school system shall spend 100 percent of the funds designated for media center costs for such costs, and a minimum of 90 percent of such funds shall be spent at the school site in which such funds were earned. (3) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount, initial earnings, and midterm adjustment, if any, of earnings for each program specified in subsection (b) of Code Section 20-2-161. Each local school system shall spend 100 a minimum of 90 percent of the funds designated for staff and professional development costs, as allowed by State Board of Education policy, for such costs at the system level. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, these amounts shall be increased by the portion of the midterm adjustment allotment which is applied to staff development. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for staff development and professional development costs to the state, the 100 percent amount for staff development shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development and professional development of certificated and instructional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and operation of the staff development and professional development programs authorized pursuant to subsection (h) of Code Section 20-2-182. (4) All funds earned pursuant to this article may be expended only for the operation of educational programs and services explicitly authorized under this article. (5) The budget of each local school system shall reflect all anticipated revenues from each source. The budget of each local school system shall designate all of such anticipated revenues among the several funds or accounts of the system and shall not leave any anticipated revenues undesignated. Except as otherwise provided in this paragraph, all amounts allocated to each fund or account and any existing balance in

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each fund or account shall be intended for expenditure within the budget year for the purposes of that fund or account. There shall be no fund or account in the nature of a 'surplus' or 'unobligated surplus' fund or account. Each local school system may, however, establish a single reserve fund or reserve account intended to cover unanticipated deficiencies in revenue or unanticipated expenditures, provided that the budget for any year shall not allocate to such reserve fund or reserve account any amounts which, when combined with the existing balance in such fund or account, exceed 15 percent of that years total budget. A local school system may also establish one or more capital accumulation funds or accounts, and amounts may be allocated to such capital accumulation funds or accounts for expenditure in future budget years only if the purpose for which such amounts will be expended and the anticipated date of expenditure of such amounts are clearly and specifically identified. The purpose of this paragraph is to prohibit local school systems from accumulating surplus funds through taxation without accounting to the taxpayers for how such funds will be expended, and this paragraph shall be liberally construed to accomplish this purpose. (b)(1) The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the state-wide comprehensive educational information system established pursuant to Code Section 20-2-320 and shall establish uniform regulations to be implemented by local units of administration. The computerized uniform budget and accounting system shall conform to generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information:
(A) Instructional program involved; (B) Whether basic education or enrichment in purpose; (C) Fund source or sources; and (D) Major program components such as instructional personnel, instructional operations, facility maintenance and operation, media center operation, school administration, system administration, staff development, or professional development. (2) The state board shall prescribe information that must be submitted to the state board and the time it must be submitted. In determining the information needed and the time for submission, the state board shall take into consideration the information and times identified by the Office of Education Accountability as necessary to the necessary for implementation of the accountability program provided for in Part 3 of Article 2 of Chapter 14 of this title. The state board is authorized to establish a financial review section for the limited purpose of reviewing financial records and accounting of local governing boards and assisting local units of administration in training personnel in financial and budgetary accounting. (c) The State Board of Education is authorized to prescribe a date by which each local unit of administration must submit a budget to the state board. The regulations developed by the state board must make adequate provision for local review and modification prior to local approval and submittal to the State School Superintendent.

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The State School Superintendent shall provide for the examination and preparation of a written report on the budget of each local unit and submit a copy to the state board and to the respective local unit of administration. The state board shall either accept or reject the budget of a local unit. (d) The standards set forth in this article shall be construed as setting out a basic plan for the direction of the State Board of Education in planning a program and presenting proposals to the Governor and to the General Assembly. Nothing in this article shall be construed as amending or modifying in any way Part 1 of Article 4 of Chapter 12 of Title 45, known as the 'Budget Act.' The state board shall, in all of its programs involving allocation or expenditure of funds, be governed and controlled by Part 1 of Article 4 of Chapter 12 of Title 45 and all other laws of general application pertaining to the handling and expenditure of state funds, none of which are is amended, modified, or repealed by this article unless specifically so provided in this article."
SECTION 4. Said title is further amended in Code Section 20-2-182, relating to program weights, by striking subsection (i) and inserting in its place a new subsection (i) 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 The State Board of Education shall provide for a system average maximum class size that shall not exceed the funding class size by more than 20 percent for mathematics, science, social studies, or language arts classes, unless specifically authorized by the State Board of Education. The system average maximum class size for kindergarten and grades one through three shall not exceed 20 percent over the funding ratio except for art, music, or physical education classes; provided, further, that the system average maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For each instructional program, the maximum number of students who may be taught by a teacher in an instructional period shall not exceed the system average maximum class size for the program by more than two students; provided, however, that a system average maximum class size which results in a fractional full-time equivalent shall be rounded up to the nearest whole number. For a period not to exceed four five years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with State Board of Education rules and subsection (k) of this Code section. The State Board of Education shall lower the current maximum class sizes set by state board rules in effect

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for the 1999-2000 school year, beginning with the 2000-2001 school year, by a proportional amount each school year an amount so that, beginning with the 2003-2004 2005-2006 school year, State Board of Education rules are in compliance with this subsection except as 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 and subsection (k) of this Code section, except that, beginning with the 2005-2006 school year, 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 full-time equivalent shall be rounded up to the nearest whole number as needed. The middle school program shall use the teacher-student ratio of the middle grades program for the purpose of this subsection. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems programs as determined by the local boards of education."
SECTION 5. Said title is further amended by striking subsections (f), (i), and (m) of Code Section 202-281, relating to effectiveness assessment, and inserting in lieu thereof the following:
"(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 answers to each criterion-referenced competency test administered under subsection (a) of this Code section and each end-of-course assessment administered under subsection (e) of this Code section after the last time the instrument is administered for a school year."
"(i)(1) The high school graduation test provided for in subsection (a) of this Code section shall continue in effect until all high school core subject end-of-course assessments have been developed and implemented, at which time the state board shall discontinue the test according to a schedule to be determined by the state board. (2) The State Board of Education shall adopt rules regarding course exit requirements in regard to the implemented and regulations requiring the results of core subject endof-course assessments before discontinuing the high school graduation test to be included as a factor in a students final grade in the core subject course for which the end-of-course assessment is given.

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(3) Local boards of education shall have the option of allowing scores on end-ofcourse assessments to be counted as part of a students grade in the course." "(m) Overall student performance data shall be disaggregated by ethnicity, sex, socioeconomic status, disability, language proficiency, grade level, subject area, school, and system, and other categories determined by policies established by the Office of Student Achievement."
SECTION 6. Said title is further amended by striking Code Section 20-2-290, relating to organization of schools, and inserting in its place a new Code Section 20-2-290 to read as follows:
"20-2-290. (a) The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. Local school systems which have organized their schools in such a manner that facilities house grades six, seven, and eight or grades seven and eight shall qualify for the middle school program for students in grade levels so housed. A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time principal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section. Schools with students in the sixth grade shall not be eligible for the middle school program if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, two or more adjacent local school systems shall qualify for the middle school program if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board. (b) Beginning with the 2001-2002 school year, local Local boards of education shall schedule each middle school so as to provide the following:
(1) A minimum of five 4.5 hours of instruction in English and language arts, reading, mathematics, science, social studies, and such other academic subjects as the State Board of Education shall prescribe. For students not performing on grade level, as defined by the Office of Education Accountability Student Achievement, the minimum of five 4.5 hours shall include such remedial academic instruction in English and language arts, reading, mathematics, science, or social studies as required to bring such students to grade level performance with the priority for such remediation being placed on reading and mathematics or as otherwise determined by the students team of academic teachers; provided that, in making such a determination the team shall consider the students performance on the criterionreferenced assessments authorized in Code Section 20-2-181. The State Board of Education shall have the authority to require five hours of instruction in English and language arts, reading, mathematics, science, social studies, and such other academic subjects as the State Board of Education shall prescribe for schools that have received an unacceptable rating for two consecutive years or more, pursuant to Code Section 20-14-33, unless otherwise specified in the schools improvement plan which has

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been approved by the State Board of Education; (2) Beyond the minimum of five 4.5 hours of academic instruction, the local board shall have the authority to schedule for the remainder of the day such academic or exploratory classes as the State Board of Education shall prescribe; provided, however, that a student shall be allowed to take additional academic classes instead of exploratory classes if the parent or guardian of such a student requests such assignment, subject to availability; and (3) An interdisciplinary team of academic teachers with common planning time of a minimum of 55 minutes. (c) Local school systems shall comply with subsection (b) of this Code section in order to qualify for the middle school program. (d) If a local school system has a combination of qualified and nonqualified schools, it shall qualify for the middle school program only for those students counted in the fulltime equivalent count for the middle school program in qualified middle schools."
SECTION 7. Said title is further amended by striking Code Section 20-2-2061, relating to legislative intent regarding charter schools, and inserting in its place a new Code Section 20-2-2061 to read as follows:
"20-2-2061. It is the intent of the General Assembly to provide a means whereby a petitioner may seek a performance based contract called a charter, which ties improved performance to the waiver of specifically identified state and local rules, regulations, policies, procedures, and identified provisions of this title other than the provisions of this article exempts the petitioner from the provisions of this title, except as provided in this article, or any state or local rule, regulation, policy, or procedure relating to schools within an applicable school system regardless of whether such rule, regulation, policy, or procedure is established by the local board, the State Board of Education, or the Department of Education; provided, however, that the state board may establish rules, regulations, policies, or procedures consistent with this article relating to charter schools. In exchange for such a waiver, the school agrees to meet or exceed the performance based goals included in the petition and approved by the local board, including but not limited to raising student achievement."
SECTION 8. Said title is further amended by striking Code Section 20-2-2063, relating to petitions to establish charter schools, and inserting in its place a new Code Section 20-2-2063 to read as follows:
"20-2-2063. The State Board of Education shall promulgate rules, regulations, policies, and procedures to govern the contents of a charter petition, provided that the following shall be required at a minimum:.

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(1) The state board shall require that a petition designate the performance to be improved and how it will be improved through the waiver of specifically identified state and local rules, regulations, policies, and procedures, or provisions of this title other than the provisions of this article; (2) The state board shall require that a petition describe how it will measure the improvement in such performance and over what period of time, provided that such requirement shall not waive the accountability provisions of Part 3 of Article 2 of Chapter 14 of this title; and (3) The state board shall require that a petition demonstrate how any such waiver does not undermine and is consistent with the intent of the waived state and local rules, regulations, policies, and procedures, or the provisions of this title."
SECTION 9. Said title is further amended by striking Code Section 20-2-2065, relating to operation, control, and management requirements for charter schools, and inserting in its place a new Code Section 20-2-2065 to read as follows:
"20-2-2065. (a) Except as provided in this article and in the charter, a charter school shall not be subject to the provisions of this title or any state or local rule, regulation, policy, or procedure relating to schools within an applicable school system regardless of whether such rule, regulation, policy, or procedure is established by the local board, the state board, or the Department of Education; provided, however, that the state board may establish rules, regulations, policies, or procedures consistent with this article relating to charter schools. (b) In determining whether to waive, as sought by the petitioner, specifically identified state and local rules, regulations, policies, and procedures, and provisions of this title other than the provisions of this article to approve a charter petition or renew an existing charter, the local board and state board shall ensure that a charter school shall be:
(1) A public, nonsectarian, nonreligious, nonprofit school that is not home based, provided that a charter schools nonprofit status shall not prevent the school from contracting for the services of a for profit entity; (2) Subject to the control and management of the local board of the local school system in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution, if a local charter school; (3) Subject to the supervision of the state board, as provided in the charter and in a manner consistent with the Constitution, if a state chartered special school; (4) Organized and operated as a nonprofit corporation under the laws of this state; provided, however, that this paragraph shall not apply to conversion charter schools; (5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct;

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(6) Subject to all laws relating to unlawful conduct in or near a public school; (7) Subject to an annual financial audit in the manner specified in the charter; (8) Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000; (9) Subject to all reporting requirements of Code Section 20-2-160, subsection (e) of Code Section 20-2-161, Code Section 20-2-320, and Code Section 20-2-740; (10) Subject to the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133; and (11) Subject to the provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection."
SECTION 10. Said title is further amended by striking subsection (a) of Code Section 20-14-26, relating to powers and duties of the Office of Education Accountability, and inserting in its place a new subsection (a) to read as follows:
"(a) The office shall have the following powers and duties: (1) To develop accountability systems with components that include but are not limited to expectations of student achievement, measurement of student achievement, data bases of such measurements, analysis of such data for trends in achievement, interventions, awards, the intended and efficient expenditure of allotted education funds, and public awareness of all such components; To create, with the approval of the State Board of Education, a performance-based accountability system, establish indicators of performance, rate schools and school systems, develop annual report cards for elementary, middle, and secondary schools, and formulate a system of school rewards and interventions. The State Board of Education shall approve no later than December 31, 2004, a single state-wide accountability system for local schools and school systems that incorporates federal law, rules, and regulations relating to accountability; (2) To create, develop, and recommend to the departments, boards, and offices represented on the council such additions, deletions, changes, or other modifications that will improve accountability systems that exist or may be created within or among the departments, boards, and offices represented on the council; (3)(2) To audit and inspect or cause to be audited or inspected for the purpose of verification, research, analysis, reporting, or for other purposes related to the performance of its powers and duties as provided in this article and for the purposes of auditing pre-kindergarten, elementary, middle grades, and secondary education, postsecondary education, and education work force programs and schools, local school systems, institutes, colleges, universities, regional educational service agencies, and other public education programs and entities as defined by the council; (4)(3) To assist the council in the development of a state-wide education student information system; (5)(4) To serve as staff to the council; and (6)(5) To exercise the powers and discharge duties of the council, as set forth in Code

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Section 20-14-8, under the supervision and oversight of the council."
SECTION 11. Said title is further amended by striking Part 3 of Article 2 of Chapter 14, relating to accountability assessment, and inserting in its place a new Part 3 to read as follows:
"Part 3 20-14-30. The office shall create and implement, with the approval of the council, a state-wide grades kindergarten through grade 12 accountability assessment program that is performance based to ensure school accountability for the goals of improved student achievement and improved school completion.
20-14-31. Except as otherwise provided in this article, the office shall establish the level levels of performance considered to be satisfactory on each assessment instrument administered under Code Section 20-2-281 by establishing the standard that should be achieved by students in each subject area at each grade level. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
20-14-32. The offices state education accountability analysis and reporting program shall obtain nationally comparative results and benchmarks for the subject areas and grade levels for which criterion-referenced and nationally normed reference assessment instruments are adopted, compare Georgia results to such results, and include the findings in the reports report required of the office in paragraph (2) of subsection (a) of Code Section 20-1427.
20-14-33. (a) The office shall adopt and biennially review, and revise as necessary, indicators of the quality of learning by students in an individual school. (b) The performance indicators of student achievement and school performance must be based on information that is disaggregated with respect to ethnicity, sex, disability, language proficiency, and socioeconomic status and must include:
(1) The results of assessment instruments required under Code Section 20-2-281, aggregated by grade level and subject area; (2) Dropout rates for each school; (3) Student attendance rates for each school; (4) School completion rates for each school; (5) The percentage of graduating students who attain scores on the Georgia high school graduation test required under Code Section 20-2-281 that are equivalent to a passing score on the test instrument until such time as the Georgia high school

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graduation test is discontinued as provided in Code Section 20-2-281; (6) The percentage of graduating students who meet the course requirements established for the recommended high school program by State Board of Education rule; (7) The percentage of students taking end-of-course assessment instruments under Code Section 20-2-281; (8) The percentage of high school students who pass the end-of-course assessment instrument in core subjects; (9) The results of the Scholastic Assessment Test or the ACT Assessment; (10) The percentage of students taking alternate assessments under subsection (d) of Code Section 20-2-281; (11) The average time that a student placed in an early intervention program remains before attaining grade level status and returning to regular status; and (12) Any other indicator the office recommends, the council approves, and the State Board of Education adopts. (c) Performance on the indicator shall be compared to state standards, progress on improved student achievement, and comparable performance. The state standard standards for comparison shall be established by the office as provided in Code Section 20-14-31. Required improvement is defined as the progress necessary for the school or local school system to meet state standards and for its students to meet exit requirements as defined by the office pursuant to Code Section 20-14-31. Comparable improvement is derived by measuring schools and local school systems against a profile developed from a total state student performance data base which exhibits substantial equivalence to the characteristics of students served by the school or system, including past academic performance, socioeconomic status, ethnicity, sex, disability, mobility, and language proficiency. Data and information regarding the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (d) The office shall establish individual school ratings for each school in this state for annual academic performance on the assessment instruments required under Code Section 20-2-281, with:. (1) A school grade of A, B, C, D, or F on the established absolute student achievement standard; (2) A school grade of A, B, C, D, or F for the school on the progress on improved student achievement; and (3) A school performance status on other school performance indicators as defined in subsection (b) of this Code section. (e) Annually, the office shall define exemplary, acceptable, and unacceptable performance for each academic excellence indicator included under in paragraphs (2) through (12) of subsection (b) of this Code section and shall project the standards for each of those levels of performance for succeeding years. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.

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(f)(e) Each school system shall provide all student performance data and all other student school completion and attendance data to the Department of Educations educational information system in accordance with rules and timelines established by the office State Board of Education. (g)(f) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of 'dropout.' All schools and school systems shall report student dropout information to the Department of Educations educational information system in accordance with rules and timelines established by the state board as provided in subsection (b) of Code Section 20-2-167. Each school system shall cooperate with the office in determining whether a student is a dropout under this subsection and shall adopt the uniform definition of 'dropout.' Data and information regarding the establishment of the definition and the tracking of dropout and school completion data shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (h)(g) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of a 'below grade level' student for purposes of placing students in the early intervention program under Code Section 20-2-153 and for purposes of tracking these students for accountability purposes. Data and information regarding the establishment of the definition shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (i)(h) The office shall annually review the performance of each school on the indicators identified in subsection (b) of this Code section and determine whether a change in the school rating status of the school is warranted.
20-14-34. (a) Each school year, the office shall prepare and distribute to each school system a report card for each school in the State of Georgia. The school report cards must be based on the most current data available disaggregated by student groups. School performance must be compared to:
(1) Previous school and local school system performance; (2) Current school and local school system performance in relation to the absolute student achievement standards and progress on improved student achievement; and (3) Comparable school group performance; and (4) Any other indicators adopted by the State Board of Education. This report card on schools shall be the official state education performance report and supersedes all other reports that may be issued by departments of the state government for matters of funding, awards, and interventions. (b) The report card shall include the following information, where applicable: (1) The individual school grades ratings as defined provided for in subsection (d) of Code Section 20-14-33; (2) The academic excellence indicators identified in paragraphs (2) through (12) of subsection (b) of Code Section 20-14-33; (3) Teacher-student ratios; and

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(4) Administrative and instructional costs per student and other financial accounting information as may be required. (c) Each school year, the office shall prepare and distribute a state-wide report card, aggregated by school systems and disaggregated by student groups, reporting on the student performance and school completion results of each school in the state and a rating for each school based on the definitions as provided for in subsection (d) of Code Section 20-14-33. (d) The State Board of Education shall adopt rules requiring dissemination of appropriate student performance and school completion performance portions of school report cards annually to the parent, guardian, conservator, or other person having lawful control of each student at the school. On written request, the local school system shall provide a copy of a school report card to any other party. These reports shall be posted on a website at both the state and the Department of Education website and the existing website of such local school system level.
20-14-35. (a) The office may:
(1) Conduct on-site audits of any school at any time, subject to the approval of the director; (2) Raise or lower any performance rating as a result of the audit; and (3) Review school fund accounting information and records to determine effective and efficient expenditure of state funds as allocated. (b) The director shall determine the frequency of on-site audits by the office according to annual comprehensive analyses of student performance and equity in relation to the academic excellence indicators and fund accounting assessments as adopted under subsection (b) of Code Section 20-14-34. (c) In making an on-site school performance audit, the auditor shall obtain information from administrators, teachers, and parents of students enrolled in the local school system. The audit may not be closed until information is obtained from each of those sources. The office shall adopt rules regarding obtaining information from parents and using that information in the auditors report and obtaining information from teachers in a manner that prevents a school or school system from screening the information. (d) The auditors shall report to the local board of education, the local school council, and appropriate school administrators and shall report findings and recommendations concerning any necessary improvements or intervention strategies. School audit reports shall be provided to the council and the State Board of Education. (e) The director may authorize other school audits to be conducted under the following circumstances: (1) When excessive numbers of absences of students eligible to be tested on state assessment instruments are determined; or (2) When a school or school system has not provided student performance information to the Department of Educations educational information system as required under subsection (b) of Code Section 20-2-167.

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20-14-36. The office shall recommend, and the council State Board of Education shall adopt, written procedures for conducting on-site audits under this part. The office shall make the procedures available to the schools, school councils, local boards of education, and the public. Office staff shall be trained in audit procedures and shall follow such procedures in conducting the audit.
20-14-37. The Office of Student Achievement shall develop and the State Board of Education shall approve a Georgia schools awards system is created to recognize those schools and school systems that demonstrate progress or success in achieving the education goals of the state and achieving excellence on the office school rating system as defined provided for in Code Section 20-14-33. The State Board of Education shall, no later than August 1, 2004, develop and disseminate rules and regulations specifying the designated provisions of this title and of rules and regulations of the State Board of Education which will be eligible for exemption for high-performing schools. Such rules and regulations shall include, at a minimum, exemptions from expenditure controls, maximum class size requirements, reporting requirements, and any other provisions the State Board of Education deems appropriate.
20-14-38. (a) Financial awards will be provided to the schools that the office director determines have demonstrated the greatest improvement in achieving the education goals of improved student achievement and improved school completion, subject to appropriation by the General Assembly and any limitation set by the director on the total amount that may be awarded to a school or local school system. (b) Financial awards will be provided to each school that is identified by the director achieves a grade of A or B as defined in Code Section 20-14-33 for performance on either or both the absolute student achievement standard excellence in student achievement and progress on student achievement. The certificated personnel in a school that achieves the grade of A or B is identified by the director as either a best performing school or better performing school in either or both categories will be provided a bonus for the year the school achieved those grades was identified of $1,000.00 for each grade of A best performing school designation and $500.00 for each grade of B better performing school designation. The maximum individual annual bonus for certificated personnel shall not exceed $2,000.00 and shall be provided subject to appropriation by the General Assembly or as otherwise may be provided. An additional financial award will be provided to each school for noncertificated personnel in the amount of $10,000.00 for each A grade for the school designation of best performing school and $5,000.00 for each B grade for the school designation of better performing school, provided that the total lump sum noncertificated personnel award for an individual school shall not exceed $20,000.00; provided, further, that funds for this purpose are appropriated by the General Assembly or as otherwise may be

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provided. The local school council of the school receiving this noncertificated personnel award shall determine the distribution of the award among such personnel of its school. (c) The Governor may present proclamations or certificates to schools and school systems determined to have met or exceeded the states education goals under Code Section 20-14-30.
20-14-39. The financial award system may be funded by donations, grants, or appropriation by the General Assembly or as otherwise provided. The State Board of Education may solicit and receive grants and donations for the purpose of making awards under this part. Award funds may be used by the State Board of Education to pay for the costs associated with sponsoring a ceremony to recognize or present awards to schools or school systems under this part. The donations, grants, or appropriations by the General Assembly shall be accounted for and distributed by the State Board of Education. The awards are subject to audit requirements established by the office State Board of Education.
20-14-40. All identifiable individual student performance data and information and reports received by the office, the Department of Education, and the State Board of Education under this part from schools or school systems shall be deemed confidential and may not be disclosed.
20-14-41. (a) If a school has a grade of D or F The State Board of Education shall by policies, rules, or regulations establish a coherent and sustained system of assistance and support for schools not meeting identified levels of achievement or not showing specified levels of progress as determined by the office. The State Board of Education shall by policies, rules, or regulations specify appropriate levels of assistance and intervention for schools that receive an unacceptable rating on student performance for the absolute student achievement standard or on progress on improved student achievement. as determined by the office, the office, in the audit report on an individual school, shall report findings and recommend appropriate levels of interventions for that school, based on a scale of increasingly severe interventions, to the State Board of Education. The In specifying levels of assistance and intervention, the State Board of Education shall prescribe the appropriate level of intervention and consider the number of years a school has received an unacceptable rating and may include one or more of the following increasingly severe interventions:
(1) Issuing public notice of the deficiency to the local board of education; (2) Ordering a hearing to be conducted at the school by the local board of education with the participation of the school council for the purpose of notifying the public of the unacceptable performance, the improvements in performance expected by the

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office, and the interventions that may be imposed under this Code section if the performance does not improve within a designated period of time and of soliciting public comment on the initial steps being taken to improve performance; (3) Ordering the preparation of an intensive student achievement improvement plan that addresses each academic excellence indicator for which the schools performance is unacceptable, the submission of the plan to the director State Board of Education for approval, and implementation of the plan; (4) Appointing a Department of Education school improvement team to:
(A) Conduct a comprehensive on-site evaluation of each low-performing school to determine the cause for the schools low performance and lack of progress that includes presentations by the chairperson of the local board of education, the school principal, a parent member of the local school council, and other school personnel; (B) Recommend actions, including reallocation of resources and technical assistance, changes in school procedures or operations, staff development professional learning focused on student achievement for instructional and administrative staff, intervention for individual administrators or teachers, instructional strategies based on scientifically based research, waivers from state statutes or rules, adoption of policies and practices to ensure all groups of students meet the states proficiency level, extended instruction time for low-performing students, strategies for parental involvement, incorporation of a teacher mentoring program, smaller class size for low-performing students, or other actions the team considers appropriate; (C) Assist in the development of an intensive school improvement plan focused on student achievement required by paragraph (3) of this subsection; and (D) Assist the director in monitoring Monitor the progress of the school in implementing the intensive school improvement plan focused on student achievement; (5) If a school has received a grade of D or F an unacceptable rating for a period of two consecutive years or more, appointing a school master or management team to oversee and direct the duties of the principal of the school in relation to the school until school performance improves and the school is released from intervention by the director, with the cost of the master or management team to be paid by the state; or (6) If a school has received a grade of D or F an unacceptable rating for a period of three consecutive years or more, the State Board of Education shall implement one or more of the following interventions or sanctions, in order of severity: (A) Removal of school personnel on recommendation of the master or the school improvement team, including the principal and personnel whose performance has continued not to produce student achievement gains over a three-year period as a condition for continued receipt of state funds for administration; (B) Allow for the implementation of a state charter school through the designation by the State Board of Education; (C) Mandate the complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring all new staff. Existing staff may reapply for

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employment at the newly reconstituted school but shall not be rehired if their performance regarding student achievement has been negative for the past three years; (D) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student with transportation costs borne by the system; or (E) Mandate a monitor, master, or management team in the school that shall be paid by the district and which may be secured through contract; (F) Continue the intensive student achievement improvement plan provided for in paragraph (3) of this subsection; or (G) Mandate a complete restructuring of the schools governance arrangement and internal organization of the school. (b) If a school has received an unacceptable rating for a period of two consecutive years or more, the following interventions shall be imposed automatically in accordance with rules and regulations established by the State Board of Education and in addition to any other interventions imposed by the State Board of Education pursuant to this subsection or subsection (a) of this Code section: (1) Mandated public school choice; (2) Specified maximum class sizes; and (3) Site based expenditure controls. At its discretion, the State Board of Education shall also be authorized to impose additional restrictions or mandates on schools subject to this subsection, as deemed appropriate by the State Board of Education and in accordance with its rules and regulations. (c) The State Board of Education shall clearly define the powers and duties of a master or management team appointed to oversee the operations of a school. (c)(d) A school improvement team appointed under this Code section may consist of currently employed or retired teachers, principals, other educational professionals, Department of Education school improvement employees, or local school superintendents recognized for excellence in their roles and appointed by the State Board of Education to serve as members of a team. (d)(e) The State Board of Education shall annually report by June 30 October 31 of each year the status of the interventions imposed on low-performing schools to the office with recommendations regarding ending, extending, or upgrading the interventions on those schools. The director shall review and respond to the report."
SECTION 12. The Official Code of Georgia Annotated is amended by striking from the following Code sections the name "Office of Education Accountability" wherever the same shall occur and inserting in lieu thereof the name "Office of Student Achievement":
(1) Code Section 20-2-154.1, relating to alternative education programs; (2) Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs;

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(3) Code Section 20-2-212.3, relating to increasing teachers salaries in areas of shortage and criteria for determining shortage; (4) Code Section 20-2-281, relating to assessment of effectiveness of educational programs; (5) Code Section 20-2-283, relating to criteria and specific requirements for the development of a placement and promotion policy; (6) Code Section 20-2-286, relating to Georgia Closing the Achievement Gap Commission; (7) Code Section 20-2-320, relating to the Education Information Steering Committee and identification of data to implement the Quality Basic Education Program; (8) Code Section 20-14-6, relating to selection of personnel to support the Education Coordinating Council; (9) Code Section 20-14-8, relating to general powers and duties of the Education Coordinating Council; (10) Code Section 20-14-20, relating to definitions regarding education accountability assessment programs; (11) Code Section 20-14-25, relating to the creation of the Office of Education Accountability; (12) Code Section 47-3-127.1, relating to employment of retired teacher as full-time teacher; and (13) Code Section 50-18-72, relating to when public disclosure of government records is not required.
SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 14. All laws and parts of laws in conflict with this Act are repealed.
Senator Johnson of the 1st moved the previous question, there was no objection and the previous question was ordered.
Senators Thompson of the 33rd, Meyer von Bremen of the 12th, Brown of the 26th, Smith of the 25th, Tate of the 38th and others offered the following amendment # 1:
Amend the Senate Education Committee substitute to SB 429 by inserting immediately following "weights;" on line 5 of page 1, the following: "to provide for limitations on duties other than instruction and supervision that can be required of certificated teachers;"
By inserting between lines 14 and 15 of page 14 the following:
"SECTION 4A.

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Said title is further amended by inserting following Code Section 20-2-220 a new Code section to be designated Code Section 20-2-221 to read as follows:
'20-2-221. Certificated teachers shall not be required to perform duties other than instruction of students and supervision of students:
(1) At lunch to the extent permitted by Code Section 20-2-218; (2) On the school playground during the school day; and (3) In the event of emergencies.'"

Senator Thompson of the 33rd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment # 1 was withdrawn.

Senators Meyer von Bremen of the 12th, Thompson of the 33rd and Brown of the 26th offered the following amendment # 2:

Amend the Senate Education Committee substitute to SB 429 by deleting from line 5 of page 1 the following: "to change certain provisions regarding program weights;".

By striking line 1 of page 13 through line 14 of page 14 and inserting in its place the following: "SECTION 4. Reserved."

Senator Price of the 56th offered the following amendment # 2a:

Amend the floor amendment #2 (AM 33 0013) to the Committee Substitute to SB 429 by adding between lines 4 and 5 the following:

"following 'program weights;' on page 1, line 5, add the following: 'to continue to decrease class size per previous code action as soon as budgetarily feasible;'

and striking lines 5-7

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

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

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

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

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

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 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 adoption of the amendment, the yeas were 27, nays 26, and the Price amendment # 2a to the Meyer von Bremen, et al. amendment # 2 was adopted.

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

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

Y Harbison N Harp N Henson N Hill
Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R Y Lamutt N Lee N 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 N Squires N Starr N Stephens Y Stokes N Tanksley N Tate N Thomas,D Y Thomas,N Y Thomas,R
Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 16, nays 38, and the Meyer von Bremen, et al. amendment # 2 was lost.

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Senators Brown of the 26th and Meyer von Bremen of the 12th offered the following amendment # 3:

Amend the Senate Education Committee substitute to SB 429 by striking "Education." on line 16 of page 13 and inserting in its place "Education; provided, however, that schools that receive an unacceptable rating pursuant to Part 3 of Article 2 of Chapter 14 of this title shall not exceed the funding class size by more than 20 percent at the school level."

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

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

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

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

On the adoption of the amendment, the yeas were 26, nays 30, and the Brown, Meyer von Bremen amendment # 3 was lost.

Senators Thompson of the 33rd and Meyer von Bremen of the 12th offered the following amendment # 4:

Amend the Senate Education Committee substitute to SB 429 by deleting from lines 4 and 5 of page 1 the following: "to change certain provisions regarding budgeting, funding, and accounting;".

By striking line 25 of page 8 through line 34 of page 12 and inserting in its place the following:

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"SECTION 3. Reserved."

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

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

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

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

On the adoption of the amendment, the yeas were 25, nays 31, and the Thompson, Meyer von Bremen amendment # 4 was lost.

Senators Thompson of the 33rd, Smith of the 25th and Seay of the 34th offered the following amendment # 5:

Amend the Senate Education Committee substitute to SB 429 by striking from lines 31 and 35 of page 13 "2005-2006" and inserting in its place "2004-2005".

Senator Thompson of the 33rd asked unanimous consent that his amendment # 5 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senators Thompson of the 33rd, Smith of the 25th, Tate of the 38th, Starr of the 44th, Brown of the 26th and Butler of the 55th offered the following amendment # 6:
Amend the Senate Education Committee substitute to SB 429 by inserting immediately following "weights;" on line 5 of page 1, the following:

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"to change certain provisions relating to salary schedules for certificated professional personnel;".

By inserting between lines 14 and 15 of page 14 the following:

"SECTION 4A. Said title is further amended by striking subsection (b) of Code Section 20-2-212, relating to salary schedules, and inserting in lieu thereof the following:
'(b) Local units of administration may supplement the salaries of personnel subject to the schedule of minimum salaries under subsection (a) of this Code section and, in fixing the amount of those supplements, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular employee whose salary is being supplemented. In any fiscal year in which such personnel receive an increase under the minimum salary schedule, a local unit of administration shall not decrease any local salary supplement for such personnel below the local supplement amount received in the immediately preceding fiscal year by those personnel of that local unit of administration unless such local unit of administration has conducted at least one public hearing regarding such decrease, notice of which hearing the local unit shall cause to be published in the legal organ of the county which is the legal situs of such local unit one time at least seven days prior to the date such hearing is to be held.'"

Senator Thompson of the 33rd offered the following amendment # 6a:

Amend the floor amendment #6 to SB 428 by adding on line 22 of page (1) of (AM 33 0023) to Senate Bill 428, and new sentence to read. Section 4A. shall revert back to the language of this act as it appeared prior to the reg session of the Georgia General Assembly of 2004, on Dec 31st 2004.

Senator Thompson of the 33rd asked unanimous consent that the Secretary correct his amendment # 6a by changing the Bill number references from SB 428 to SB 429. The consent was granted and the changes were made.

Senator Thompson of the 33rd asked unanimous consent that his amendment # 6a be withdrawn. The consent was granted, and the amendment was withdrawn.

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 Harbison N Harp Y Henson N Hill

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

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

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

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

On the adoption of the amendment, the yeas were 26, nays 30, and the Thompson, et al. amendment # 6 was lost.

Senators Stokes of the 43rd, Adelman of the 42nd, Henson of the 41st and Tate of the 38th offered the following amendment # 7:

Amend SB 429 by striking lines 25 through 30 of page 3 and inserting in lieu thereof the following:
"public. The council shall meet once a month, at the call of the chairperson, or at the request of a majority of the members of the council. Notice by mail shall be sent to school councilmembers at least seven days prior to a meeting of the council. School councils shall be subject to Chapter 14 of Title 50, relating".

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

Senators Thompson of the 33rd and Reed 35th offered the following amendment # 8:

Amend the Senate Education Committee substitute to SB 429 by striking line 23 of page 15 and inserting in its place the following:
"(1) A minimum of five 4.5 hours of instruction or five hours of instruction for those schools with an unacceptable rating as determined pursuant to Part 3 of Article 2 of Chapter 14 of this title in English and language arts, reading,".

By inserting "or five" preceding "hours" on line 27 of page 15.

By deleting "have the authority to" from line 33 of page 15.

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By inserting "or five" following "4.5" on line 3 of page 16.

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

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

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan 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 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 32, and the Thompson, Reed amendment # 8 was lost.

Senator Levetan of the 40th offered the following amendment # 9:

Amend the substitute to SB 429 (LC 33 0255S) by deleting line 31 of page 2 through line 15 of page 3 and inserting in their place the following:
"(d) The property and business of the council shall be managed by a minimum of seven school councilmembers of whom a majority shall constitute a quorum. School councilmembers must be individuals who are 18 years of age or older. The number of councilmembers shall be specified in the councils bylaws. If the number of councilmembers exceeds seven, the number of parent members and teacher members must be equal. Members of the school council shall include:
(1) Two At least two parents or guardians of students enrolled in the school, excluding employees who are parents or guardians of such students; (2) Two businesspersons, one of whom shall be selected by the local board of education and one of whom shall be selected by the other five nonbusiness members of the school council from the business partners of the school or, if there are no

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business partners, from the local business community; (3) Two At least two certificated teachers, excluding any personnel employed in administrative positions, who are employed at least four of the six school segments at the school; and (4) The school principal.; and An employee of the local school system may serve as a parent representative on the council of a school in which his or her child is enrolled if such employee works at a different school. With the exception of the principal and the business representatives, members shall be elected by, and from among, the group they represent. The chairperson of the council shall be the school principal. (5) Other members as specified in the countils bylaws, such as, but not limited to, students, staff, and representatives of school related organizations. Selection procedures for these members and the business members shall be specified in the councils bylaws. An employee of the local school system may serve as a parent representative on the council of a school in which his or her child is enrolled if such employee works at a different school. With the exception of the principal and the business representatives, members shall be elected by, and from among, the group they represent."

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

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

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

Y Seay N Shafer 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

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On the adoption of the amendment, the yeas were 24, nays 32, and the Levetan amendment # 9 was lost.

Senator Levetan of the 40th offered the following amendment # 10:

Amend the Senate Education Committee substitute to SB 429 by striking "four" on line 30 of page 3 and inserting in lieu thereof "six".

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

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

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

N 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 23, nays 33, and the Levetan amendment # 10 was lost.

Senators Zamarripa of the 36th, Fort of the 39th and Tate of the 38th offered the following amendment # 11:

Amend the Senate Education Committee substitute to SB 429 by striking from lines 16 through 19 of page 8 the following: "In developing accountability standards for schools, the Office of Education Accountability shall consider the length of time that students spend in the early intervention program as one of the determinants of performing and nonperforming schools."

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and inserting in lieu thereof the following: "In developing accountability standards for schools, the Office of Education Accountability Student Achievement shall consider the length of time that students spend in the early intervention program as one of the determinants of performing and nonperforming schools."

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

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

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

On the adoption of the amendment, the yeas were 26, nays 30, and the Zamarripa, et al. amendment # 11 was lost.

Senators Fort of the 39th and Brown of the 26th offered the following amendment # 12:

Amend the Committee Substitute to SB 429 (LC 33 0255S) by deleting lines 36 through 37 of page 9 and lines 1 through 4 of page 10 and inserting in their place the following:

"expended for direct instruction at the system level; provided, however that 100 percent of the direct instruction funds for the kindergarten early intervention program, the primary grades early intervention program, and the upper elementary grades early intervention program shall be expended at the site where such funds were earned. Only the state salary amounts resulting from the amount"

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

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

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

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

On the adoption of the amendment, the yeas were 25, nays 31, and the Fort, Brown amendment # 12 was lost.

On the adoption of the substitute, the yeas were 45, nays 6, 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 Y Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle

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

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

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

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

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 38, nays 18.

SB 429, having received the requisite constitutional majority, was passed by substitute.

Senator Stephens of the 51st moved that the Senate stand adjourned pursuant to HR 944, until 10:00 a.m., Thursday, February 05, 2004; the motion prevailed, and at 7:28 p.m., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Thursday, February 5, 2004 Twelfth Legislative Day

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

Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

The following 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 328.

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

A BILL to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to per diem and expenses of local boards of education, so as to authorize the expenditure of funds for life, disability, and liability insurance, retirement and pension coverage, social security coverage, and similar benefits for members of such local boards of education; and for other purposes.

HB 441.

By Representatives Holmes of the 48th, Post 1, Campbell of the 39th, Moraitakis of the 42nd, Post 4, Willard of the 40th, Bruce of the 45th and others:

A BILL to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide that any person who becomes a judge of the State Court of Fulton County on or after July 1, 2004, shall become a member of such retirement system; to provide that any person serving in such position on June 30, 2004, may elect to be a member of such retirement system; and for other purposes.

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HB 746. By Representative Cummings of the 19th:

A BILL to amend Code Section 47-2-91 of the Official Code of Georgia Annotated, relating to credit in the Employees' Retirement System of Georgia for accumulations of forfeited annual and sick leave, so as to provide that such Code section includes such forfeited annual and sick leave forfeited during certain periods of prior service; and for other purposes.

HB 1117. By Representatives Epps of the 90th, Jordan of the 83rd, Moraitakis of the 42nd, Post 4, Graves of the 106th and Beasley-Teague of the 48th, Post 2:

A BILL to amend Code Section 50-27-34 of the Official Code of Georgia Annotated, relating to the legislative oversight committee for the Georgia Lottery Corporation, so as to change the reference to the House Committee on Industry to the House Committee on Regulated Industries to conform such reference to the committee name as adopted by resolution by the Georgia House of Representatives; 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 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 Speaker has appointed on the part of the House, Representatives Bordeaux of the 125th, Campbell of the 39th, and Stokes of the 72nd.

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

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313

SB 472. By Senators Clay of the 37th, Collins of the 6th and Tate of the 38th:
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 from the National Board for Certified School Counselors or the National Board for Professional Teaching Standards; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.

SB 473. By Senators Henson of the 41st, Tate of the 38th and Stokes of the 43rd:
A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the organization of the executive branch, so as to provide that no state agency shall enter into a contract with a private entity for the provision of services if any such services will be performed outside the geographical boundaries of the United States; to provide for a written statement; to provide for a penalty; to provide for a continuation of contracts; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

SB 474. By Senators Unterman of the 45th, Balfour of the 9th, Starr of the 44th, Cheeks of the 23rd, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to revise the definition of feticide; to prohibit the voluntary manslaughter of an unborn child; to prohibit assaults and batteries of unborn children under certain circumstances; to provide for punishment for persons convicted of such offenses; to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to remove the requirement that an unborn child be quick in the definition of feticide by vehicle; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions concerning registration, operation, and sale of watercraft, so as to remove the requirement that an unborn child be quick in the definition of feticide by vessel; to provide for definitions; to provide for exceptions; to provide for applicability; to provide

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an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 475. By Senators Harbison of the 15th, Butler of the 55th and Reed of the 35th:
A BILL to be entitled an Act to amend Code Section 20-3-519.1 of the Official Code of Georgia Annotated, relating to ineligibility for HOPE, PROMISE, and PROMISE II scholarships and grants, so as to provide that students who in combination with their parents have a maximum combined federal adjusted gross income exceeding a certain amount shall be ineligible; to provide for changing or eliminating such maximum allowable amount under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
SB 476. By Senators Harbison of the 15th, Stokes of the 43rd and Clay of the 37th:
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 make certain changes relating to local school board policies regarding bullying in student codes of conduct; to provide for the definition of "bullying behavior"; to provide that policies relating to bullying behavior apply to students in kindergarten through grade 12; to require training on bullying behavior for certain school system personnel; to provide that local school systems provide information to the Department of Education on the number and disposition of bullying incidents reported; to repeal conflicting laws; and for other purposes.
Referred to the Education Committee.
SB 477. By Senators Johnson of the 1st and Kemp of the 3rd:
A BILL to be entitled an Act to provide for the repeal of the amendment to the Constitution providing that the general homestead exemption from ad valorem taxation shall not apply to taxes assessed and levied by Glynn County for the support and maintenance of education, which amendment was proposed by 1956 House Resolution No. 59-163h; Resolution Act No. 27 (Ga. L. 1956, p. 253) and was continued in force and effect by an Act approved February 24, 1987 (Ga. L. 1987, p. 3610); to thereby grant the general $2,000.00 homestead exemption with respect to taxes assessed and levied by Glynn County for the support and maintenance of education; to provide for a referendum with respect to the effectiveness of the foregoing; to recite constitutional authority;

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to provide for submission under the federal Voting Rights Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 478. By Senators Thomas of the 54th, Hamrick of the 30th, Smith of the 52nd, Unterman of the 45th, Levetan of the 40th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 19 of the O.C.G.A., relating to marriage generally, so as to revise certain provisions relating to application for a marriage license; to revise certain provisions relating to the filing and transmission of application supplement-marriage reports; to amend Chapter 10 of Title 31 of the O.C.G.A., to provide for the establishment of the State Office of Vital Records within the Department of Human Resources; to revise certain powers of the state registrar; to repeal Code Section 31-10-21, relating to record of marriage licenses; to repeal Code Section 31-10-22, to change references to "vital records registration system" to "State Office of Vital Records" throughout Chapter 10 of Title 31; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 479. By Senators Hill of the 4th, Harp of the 16th and Thomas of the 2nd:
A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for special license plates commemorating service in the Global War on Terrorism; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 480. By Senators Gillis of the 20th, Tolleson of the 18th, Starr of the 44th, Williams of the 19th, Dean of the 31st and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 12, relating to forest resources and other plant life, so as to enact the "Forest Heritage Trust Act of 2004"; to provide a short title; to provide a statement of legislative purpose; to define certain terms; to provide for an advisory role for the State Forestry Commission; to provide for powers and duties of the commission; to provide for the dedication of property as a forest heritage preserve; to provide for the

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use of forest heritage preserves; to provide for the effect of certain actions on the protected status of property; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

SB 481. By Senators Hill of the 4th and Thomas of the 10th:
A BILL to be entitled an Act to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Parking Law for Persons with Disabilities," so as to redefine certain terms; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 482. By Senators Kemp of the 3rd, Blitch of the 7th, Reed of the 35th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Code Section 24-4-60 of the Official Code of Georgia Annotated, relating to requirements for DNA analysis of blood of persons convicted of certain sex offenses and storage of the profile in the data bank, so as to change certain provisions relating to the applicability of the testing procedures to certain persons; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.

SR 675. By Senator Golden of the 8th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the term of office for members of the General Assembly shall be four years; to provide for applicability; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Rules Committee.

SR 676. By Senator Golden of the 8th: A RESOLUTION proposing an amendment to the Constitution so as to provide

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that the General Assembly shall continue in session for no longer than 30 days each year; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Rules Committee.
SR 678. By Senators Hamrick of the 30th, Williams of the 19th, Kemp of the 46th, Hill of the 4th, Smith of the 52nd and others:
A RESOLUTION proposing an amendment to the Constitution so as to remove capital outlay projects from inclusion in the educational purposes and programs for which lottery proceeds may be used; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Economic Development and Tourism Committee.
SR 680. By Senators Brush of the 24th, Smith of the 52nd, Starr of the 44th, Balfour of the 9th, Hudgens of the 47th and others:
A RESOLUTION creating the Senate Study Committee on the Scope of Chiropractic Practice; and for other purposes.
Referred to the Health and Human Services Committee.
SR 681. By Senators Stokes of the 43rd, Adelman of the 42nd, Tate of the 38th, Brown of the 26th, Henson of the 41st and others:
A RESOLUTION creating the Joint Study Committee on Cultural Competency in Medical Schools; and for other purposes.
Referred to the Health and Human Services Committee.
SR 682. By Senators Fort of the 39th, Harbison of the 15th, Hall of the 22nd, Thomas of the 10th, Brown of the 26th and others:
A RESOLUTION creating the Henry McNeal Turner Tribute Commission and authorizing the placement of a statue on the grounds of the state capitol building; and for other purposes.
Referred to the Rules Committee.

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SR 688. By Senators Stokes of the 43rd, Levetan of the 40th and Jackson of the 50th:
A RESOLUTION recognizing the Atlanta chapter of the National Association of Women in Construction (NAWIC) and proclaiming March 7-13, 2004, as "Women in Construction Week" at the state capitol; and for other purposes.
Referred to the Rules Committee.

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

HB 328. By Representatives Buck of the 112th, Hugley of the 113th, Buckner of the 109th and Smith of the 110th:
A BILL to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to per diem and expenses of local boards of education, so as to authorize the expenditure of funds for life, disability, and liability insurance, retirement and pension coverage, social security coverage, and similar benefits for members of such local boards of education; and for other purposes.
Referred to the Retirement Committee.
HB 441. By Representatives Holmes of the 48th, Post 1, Campbell of the 39th, Moraitakis of the 42nd, Post 4, Willard of the 40th, Bruce of the 45th and others:
A BILL to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide that any person who becomes a judge of the State Court of Fulton County on or after July 1, 2004, shall become a member of such retirement system; to provide that any person serving in such position on June 30, 2004, may elect to be a member of such retirement system; and for other purposes.
Referred to the Retirement Committee.
HB 746. By Representative Cummings of the 19th:
A BILL to amend Code Section 47-2-91 of the Official Code of Georgia Annotated, relating to credit in the Employees' Retirement System of Georgia for accumulations of forfeited annual and sick leave, so as to provide that such Code section includes such forfeited annual and sick leave forfeited during

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certain periods of prior service; and for other purposes.

Referred to the Retirement Committee.

HB 1117. By Representatives Epps of the 90th, Jordan of the 83rd, Moraitakis of the 42nd, Post 4, Graves of the 106th and Beasley-Teague of the 48th, Post 2:

A BILL to amend Code Section 50-27-34 of the Official Code of Georgia Annotated, relating to the legislative oversight committee for the Georgia Lottery Corporation, so as to change the reference to the House Committee on Industry to the House Committee on Regulated Industries to conform such reference to the committee name as adopted by resolution by the Georgia House of Representatives; and for other purposes.

Referred to the Economic Development and Tourism Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

HB 677 HB 709

Do Pass

HB 1118 Do Pass

Do Pass by substitute

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 recommendation:

HB 45

Do Pass

Respectfully submitted, Senator Thomas of the 54th 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:

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SB 403 SB 449

Do Pass Do Pass

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

Mr. President:

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

HB 614 Do Pass

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

Mr. President:

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

SR 651 SR 652

Do Pass Do Pass

Respectfully submitted, Senator Thomas of the 2nd District, Chairman

Mr. President:

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

SB 49 SB 431

Do Pass by substitute

SB 444 Do Pass

Do Pass

Respectfully submitted,

Senator Unterman of the 45th District, Chairman

Mr. President:

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

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SB 404 SR 293

Do Pass Do Pass

SR 299 SR 301

Do Pass Do Pass

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

The following legislation was read the second time:

HB 326 HB 1063

HB 1207 SB 240

SB 298 SB 436

SB 441 SB 442

SR 569

SR 626

Senator Squires of the 5th asked unanimous consent that Senator Kemp of the 3rd be excused. The consent was granted, and Senator Kemp was excused.

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

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

Adelman Balfour Bowen Brown Bulloch Cagle Clay Collins Crotts Dean Gillis Hamrick Harbison Harp Henson

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

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

Not answering were Senators:

Blitch Cheeks Hall

Brush Fort Hill

Butler Golden (Excused) Kemp, R (Excused)

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Thompson (Excused)

Tolleson

Williams

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

Senators:

Blitch

Tolleson

Williams

The members pledged allegiance to the flag.

Senator Tanksley of the 32nd introduced the chaplain of the day, Reverend Scott Sherman of Atlanta, who offered scripture reading and prayer.
Senator Jackson of the 50th introduced Xavier Roberts of Babyland General Hospital, commended by SR 645, adopted previously. Xavier Roberts addressed the Senate briefly.
Senator Levetan of the 40th recognized exchange students from Argentina and Israel representing the O.R.T. program and studying at Davis Academy.
Senator Hill of the 4th introduced the doctor of the day, Dr. Thad Riley.
The following resolutions were read and adopted:
SR 677. By Senators Seay of the 34th and Starr of the 44th:
A RESOLUTION commending Mr. Vincent Rosse; and for other purposes.
SR 679. By Senators Price of the 56th, Thomas of the 54th, Unterman of the 45th, Hooks of the 14th, Williams of the 19th and others:
A RESOLUTION recognizing Community Health Centers Day; and for other purposes.
SR 683. By Senator Crotts of the 17th:
A RESOLUTION commending Alicia Louise Welchel; and for other purposes.
SR 684. By Senator Crotts of the 17th:
A RESOLUTION commending Brandon Pitman; and for other purposes.

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SR 685. By Senator Crotts of the 17th: A RESOLUTION commending Mary Ruth Welborn; and for other purposes.
SR 686. By Senator Crotts of the 17th: A RESOLUTION commending Ms. Jennifer G. Webb; and for other purposes.
SR 687. By Senator Harbison of the 15th: A RESOLUTION honoring Dr. J. A. Hud; and for other purposes.
SR 689. By Senators Hill of the 4th and Gillis of the 20th: A RESOLUTION commending Dr. Michael Guido and his more than 46 years in broadcasting; and for other purposes.
SR 690. By Senator Hooks of the 14th: A RESOLUTION honoring Billie Ann Wills, Ms. Wheelchair Georgia for 2004; and for other purposes.
SR 691. By Senator Dean of the 31st: A RESOLUTION commending Mr. "Doc" Ayers on his many contributions to football in the State of Georgia; and for other purposes.
SR 692. By Senator Dean of the 31st: A RESOLUTION commending Mrs. Georgia Wyatt; and for other purposes.
SR 693. By Senator Dean of the 31st: A RESOLUTION commending Mr. W. M. Moss on his many years of outstanding service to law enforcement; and for other purposes.
SR 694. By Senator Dean of the 31st: A RESOLUTION commending Mr. Robert L. Parks for his many contributions to the Cedartown community; and for other purposes.

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SR 695. By Senator Dean of the 31st:

A RESOLUTION commending Mr. Ray Beck on his induction into the National College Football Hall of Fame; and for other purposes.

Senator Price of the 56th introduced Members of the Community Health Care Center, commended by SR 679, adopted previously.

The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR

Thursday, February 5, 2004 Twelfth Legislative Day

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

SB 49

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 SANDY SPRINGS IN FULTON COUNTY

A BILL to be entitled an Act to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, districts, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)

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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 SB 49, 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/ Butler of the 55th /s/ Brown of the 26th Date: 1/29/04

Pursuant to Senate Rule 113, SB 49 was placed on the Senate Local Contested Calendar for today.

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, February 5, 2004 Twelfth Legislative Day

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

SB 49

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 CITY OF SANDY SPRINGS FULTON COUNTY

A BILL to be entitled an Act to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, districts, and removal from office relative to members of such governing

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authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)
The substitute to the following bill was put upon its adoption:
The Senate State and Local Governmental Operations Committee offered the following substitute to SB 49:
A BILL TO BE ENTITLED AN ACT
To incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, districts, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for personnel rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for homestead exemptions; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I CREATION, INCORPORATION, POWERS
SECTION 1.01. Incorporation.

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This Act shall constitute the charter of the City of Sandy Springs, Georgia. The City of Sandy Springs, Georgia, in the County of Fulton, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of Sandy Springs" and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal.
SECTION 1.02. Corporate boundaries.
The boundaries of the City of Sandy Springs shall be as set forth and described in Exhibit A of this charter, and said Exhibit A is incorporated into and made a part of this charter. The city manager shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries.
SECTION 1.03. Specific powers.
(a) The corporate powers of the government of the City of Sandy Springs, to be exercised by the governing authority, shall include the following:
(1) To levy and to provide for the valuation and revaluation of all property subject to taxation, and collection of taxes on the same; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate such privileges, occupations, trades, and professions; and to provide for the manner and method of payment of such licenses and taxes; (3) To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (5) To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the corporate limits of the city; (6) To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (7) To condemn property, inside or outside the corporate limits of the city, for present or future use, and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other

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laws as are or may hereafter be enacted; (8) To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public utilities and public services, not to exceed periods of ten years; to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission; (10) To lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city; (11) To grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts, for the use of public utilities; (12) To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, parking facilities, public buildings, libraries, sewers, drains, sewerage systems, airports, hospitals, housing, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (13) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; to regulate all housing, building, and building trades; to license all building trades; to license the construction and erection of buildings and all other structures; (15) To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (16) To regulate junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials; and to regulate the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or

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property; (17) To regulate the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; (18) To license, tax, and regulate professional fortunetelling or palmistry; (19) To regulate the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (20) To prescribe standards of public health and sanitation and to provide for the enforcement of such standards; (21) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (22) To fix and establish fire limits, and, from time to time, extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (23) To provide for the destruction and removal of any building or other structure which is dangerous to the public; (24) To provide for the collection and disposal of garbage, rubbish, and refuse; to regulate the collection and disposal of garbage, rubbish, and refuse by others; to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (25) To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal, and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the city, from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges; (26) To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and a water treatment or water distribution system; to levy on the users of sewers and the sewerage system a sewer service charge, fee, or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (27) To charge, impose, and collect a water and sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the water and sewerage system; (28) To define and regulate any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (29) To define a nuisance and provide for its abatement, whether on public or private

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property; (30) To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof; (31) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing, for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city, and to provide for the enforcement of such standards; (32) To provide that persons given jail sentences by the municipal court shall work out such sentence in any public works or on the streets, roads, drains, and squares in the city; or to provide for commitment of such persons to any county correctional institution or jail by agreement with the appropriate county officials; (33) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness, and disturbing the peace in the corporate limits of the city and to prohibit the playing of lotteries therein; and to prohibit or regulate, by ordinance, such other conduct and activities within said city which, while not constituting an offense against the laws of this state, are deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (34) To regulate the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; also, to provide for disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; to provide punishment for violation of ordinances enacted under this paragraph; (35) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (36) To regulate and license vehicles operated for hire in the city; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in amounts to be prescribed by ordinance; and to regulate parking spaces in public ways for the use of such vehicles; (37) To provide and maintain a system of pensions and retirement for officers and employees of the city; (38) To levy and provide for the collection of special assessments to cover the costs from abutting property owners of improvements in public rights of way, sewers, water system, and other public utilities; (39) To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be furnished and payments to be made therefor; (40) To create, alter, or abolish departments boards, offices, commissions, authorities, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (41) To make, ordain, and establish such bylaws, ordinances, rules, and regulations as

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shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof, and for preserving the health, peace, order, and good government of the city; (42) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (43) To exercise the power of arrest through duly appointed law enforcement personnel; (44) To prepare, modify, and adopt land use plans to enact zoning ordinances and other environmental control ordinances; (45) To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (46) To safeguard all individuals in public employment from discrimination in employment; to promote the elimination of discrimination against all individuals in public employment because of such individuals race, color, religion, national origin, sex, handicap, or age thereby to promote the protection of their interest in personal dignity and freedom from humiliation; (47) To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. (b) No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.04. General powers and limitations on powers.
In addition to all other powers granted by this charter the city shall be vested with any and all powers which municipal corporations are, or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated in this charter.
SECTION 1.05. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its offices, agencies,

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or employees shall be carried into execution as provided by this charter. If this charter makes no provision therefor, such powers, functions, rights, privileges, and immunities shall be carried into execution, as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNING BODY
SECTION 2.01. Legislative branch.
(a) The legislative authority of the government of the City of Sandy Springs, except as otherwise specifically provided in this charter, shall be vested in a city council, to be composed of a mayor and six councilmembers. (b) The mayor shall be elected by a majority vote of the qualified electors of the city at large voting at the elections provided for by Article V of this charter. Each councilmember shall be elected by a majority vote of the qualified electors of his or her respective council district voting at the elections provided for by Article V of this charter. For the purpose of electing the six councilmembers, there shall be six council districts as provided for by Section 2.05 of this charter.
SECTION 2.02. First election; districts and terms of office.
(a) The first election for mayor and councilmembers shall be a special election held in 2004 on the date specified in Article V of this charter. At said election, the mayor and the councilmembers elected from Council Districts 1, 3, and 5 shall be elected for initial terms of office beginning the first day of January, 2005, and expiring on December 31, 2005. The councilmembers elected from Council Districts 2, 4, and 6 shall be elected for initial terms of office beginning on the first day of January, 2005, and expiring on December 31, 2007. Thereafter, at the elections provided for by Article V of this charter, their successors shall be elected for terms of four years. All members shall serve until their successors are elected and qualified. The persons elected as mayor and councilmembers shall take office on the first day of January immediately following their election in the manner prescribed by Section 2.11 of this charter. (b) Each councilmember, for the special election and each subsequent election for councilmember, shall be elected by the qualified electors of the council district for which the councilmember has qualified for office.
SECTION 2.03. Qualification for office of mayor.
No person shall be eligible to serve as mayor unless he or she shall have been a resident of the area comprising the corporate limits of the City of Sandy Springs for at least 12

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months and shall continue to reside within the city during his or her period of service and shall be registered and qualified to vote in municipal elections of the City of Sandy Springs. In addition to the foregoing, any person eligible to serve as mayor shall not be ineligible for such office under Code Section 45-2-1 of the O.C.G.A.
SECTION 2.04. Qualification for office of councilmembers.
No person shall be eligible to serve as a councilmember unless he or she shall have been a resident of the area comprising the corporate limits of the City of Sandy Springs for at least 12 months and a resident of the area comprising the district he or she wishes to represent for a continuous period of six months immediately prior to the date of the election of councilmembers, and shall continue to reside within the district during his or her period of service, and shall be registered and qualified to vote in municipal elections of the City of Sandy Springs. In addition to the foregoing, any person eligible to serve as councilmember shall not be ineligible for such office under Code Section 45-2-1 of the O.C.G.A.
SECTION 2.05. Districts of the City of Sandy Springs.
For the purpose of electing the six district councilmembers, the territory comprising the corporate limits of the City of Sandy Springs shall be divided into six council districts to be designated Council Districts 1 through 6. Each person desiring to offer as a candidate for councilmember shall designate the council district for which he or she is offering. The six council districts shall be as described in Exhibit B of this charter which is attached to and is made a part of the charter of the City of Sandy Springs.
SECTION 2.06. Vacancy; forfeiture of office; filling of vacancies.
(a) The office of mayor or councilmember shall become vacant upon the incumbents death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the laws of the State of Georgia. (b) The mayor or any councilmember shall forfeit his or her office if he or she:
(1) Lacks at any time during his or her term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) Willfully and knowingly violates any express prohibition of this charter, as determined by a majority of the councilmembers; or (3) Is finally convicted of a crime involving moral turpitude. (c) A vacancy in the office of mayor shall be filled by the mayor pro tempore for the unexpired term if the vacancy occurs within the last 27 months of the term of office. If the vacancy occurs before the last 27 months of the term of office, the mayor pro tempore

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shall fill the vacancy until a successor is elected for the remainder of the unexpired term at a special election conducted at the next regular municipal election. An election to fill a vacancy in the office of mayor shall be held in the city at large. A vacancy in the office of councilmember shall be filled by vote of the remaining councilmembers for the unexpired term if the vacancy occurs within the last 27 months of the term of office. If the vacancy occurs before the last 27 months of the term of office, the remaining councilmembers shall fill the vacancy until a successor is elected for the remainder of the unexpired term at a special election conducted at the next regular municipal election. An election to fill a vacancy in the office of a councilmember shall be held in the council district wherein the vacancy exists.
SECTION 2.07. Compensation and expenses.
The annual salary of the mayor shall be $15,000.00 and for each councilmember shall be $7,500.00 per annum. Such salaries shall be paid from municipal funds. Extraordinary expenses, such as attendance at conventions, may be paid from municipal funds when approved in advance by resolution of the city council.
SECTION 2.08. Prohibitions.
(a) Except as authorized by law, no member of the council shall hold any other elective city office or city employment during the term for which he or she was elected. (b) Neither the mayor nor any other member of the council shall vote upon any question in which he or she has a personal interest.
SECTION 2.09. General power and authority of the council.
(a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Sandy Springs as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter, the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Sandy Springs and may enforce such ordinances by imposing penalties for violation thereof. (c) The council may, by ordinance, create, change, alter, abolish, or consolidate offices, agencies, and departments of the city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter.

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SECTION 2.10. Powers and duties of mayor.
The mayor shall be the official spokesman for the city and the chief advocate of policy. The mayor shall preside at meetings of the council, sign ordinances and resolutions on their final passage, and sign deeds, bonds, contracts, and other instruments or documents when authorized by the council to do so. The mayor shall be responsible for the execution of all ordinances of the city. The mayor shall perform such other duties as may be imposed by this charter or by ordinance of the council not inconsistent therewith. Unless otherwise expressly provided by law or this charter, the mayor shall have no vote on any question before the city council, except in case of a tie. The mayor shall have power to veto any action of the city council, except an impeachment resolution against the mayor or any resolution for removal of the mayor.
SECTION 2.11. Organization and procedures; organization meeting.
The council shall meet for organization on the first working day in January immediately following each municipal election. The meeting may be called to order by the presiding judge of the Superior Court of Fulton County or by a judge of the Superior Court of Fulton County designated by said presiding judge and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly swear (or affirm) that I will well and truly perform the duties of (mayor or councilmember, as the case may be) of the city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America." Following the induction of members, the council, by majority vote of all the members thereof, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of two years, except that the initial term shall be one year if the first special municipal election is held in an even year, and until a successor is elected and qualified.
SECTION 2.12. Regular and special meetings.
(a) The council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor or three members of the council. Notice of such special meetings shall be delivered to all members of the council and the mayor personally, or by registered mail or a notice in writing that is received by each member of the council and the mayor. Such notice of a special meeting shall be delivered and received at least 24 hours in advance of the meeting. The notice of

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such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council, committee, and board shall be held within the city limits and open to the public to the extent required by law.
SECTION 2.13. Rules of procedure.
The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record.
SECTION 2.14. Quorum; voting.
Four councilmembers shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and nays shall be recorded in the journal, but on request of any member there shall be a roll-call vote. The affirmative vote of a majority of councilmembers present shall be required for the adoption of an ordinance, resolution, or motion, except as otherwise provided in this charter.
SECTION 2.15. Action requiring an ordinance.
(a) Except as provided in this charter, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The council of the City of Sandy Springs ordains...." (b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish; provided, however, ordinances, except emergency ordinances, shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction. Upon introduction of any ordinance, the clerk shall distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the council may designate.
SECTION 2.16. Emergency ordinances.
To meet a public emergency affecting life, health, property, or public peace, the council

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may adopt one or more emergency ordinances, but such ordinances may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money, except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejection at the meeting at which it is introduced, but the affirmative vote of a majority of the quorum of councilmembers present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed at the next regular meeting of the council unless reenacted at the next regular meeting upon which it was adopted.
SECTION 2.17. Codes of technical regulations.
(a) The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally, except that (1) the requirements of Section 2.18 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded pursuant to said Section 2.18. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase.
SECTION 2.18. Submission of ordinances to the mayor.
(a) Every ordinance adopted by the council shall be presented promptly to the mayor. (b) The mayor, within five calendar days of receipt of an ordinance, shall return it, with or without his or her signature of approval, or with his or her disapproval. If the ordinance has been signed and approved by the mayor, it shall become law; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the fifth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the council a written statement of the reasons for his or her veto. The date of the delivery to and receipt from the mayor shall be recorded upon the ordinance. (c) Ordinances vetoed by the mayor shall be presented to the council at its next regular meeting, and if the council then or at its next regular meeting adopts the ordinance by an affirmative vote of a majority of councilmembers present, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any

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ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved or reduced shall not become law unless subsequently passed by the city council over the mayors veto as provided in this charter. (e) All ordinances that have been signed by the mayor or adopted over his or her veto, as provided for in subsection (c) of this section, shall be recorded in full in a properly indexed book kept for minutes of meetings of the council. The council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the council by ordinance and shall be published promptly, together with all amendments thereto with this charter and any amendment thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Sandy Springs, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the council. (f) The council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the council. Following the initial publication of "The Code of the City of Sandy Springs, Georgia", and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
ARTICLE III EXECUTIVE BRANCH
SECTION 3.01. Administrative and service department.
(a) The council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as they shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and council.

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(c) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (d) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council.
SECTION 3.02. Boards, commissions, and authorities.
(a) All members of boards, commissions, and authorities of the city shall be nominated by the mayor and be confirmed by the council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities, without a vote. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this section for original appointment, except as otherwise provided by this charter or any applicable state law. (d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the council and administered by the mayor. (e) Any member of a board, commission or authority may be removed from office for cause by a vote of a majority of the members of the council. He or she may file with the council a written request for hearing in the same manner as provided in Section 3.06 of this charter. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance. (h) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice-chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city.
SECTION 3.03. City Manager; appointment, qualification, and compensation.

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The mayor shall appoint, subject to confirmation by the council, for an indefinite term an officer whose title shall be the "city manager" and the city manager shall serve at the pleasure of the council. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her executive and administrative qualifications with special reference to his or her educational background and actual experience in, and knowledge of, the duties of office as hereinafter prescribed. At the time of appointment, the city manager need not be a resident of the City of Sandy Springs or the State of Georgia, but if he or she is not a resident of the city at the time of appointment, the person appointed city manager shall become a resident within 60 days after the date of appointment and continuously maintain such residency while holding office as city manager. The compensation of the city manager shall be fixed by the council by ordinance.
SECTION 3.04. City manager; chief administrative officer.
The city manager shall be the chief administrative officer of the government of the City of Sandy Springs. The city manager must devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and council for the proper and efficient administration of the affairs of the city over which said officer has jurisdiction.
SECTION 3.05. City manager; powers and duties enumerated.
(a) The city manager shall have the power, and it shall be his or her duty to: (1) See that all laws and ordinances are enforced; (2) Appoint and employ all necessary employees of the city, provided that excepted from the power of this appointment are those officers and employees who by this Act are appointed or elected by the council or departments not under the jurisdiction of the city manager; (3) Remove employees employed by said officer without the consent of the council and without assigning any reason therefor; (4) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the council except as otherwise provided in this Act; (5) Attend all meetings of the council with a right to take part in the discussions, but having no vote. The city manager shall be entitled to notice of all special meetings; (6) Recommend to the council, after prior review and comment by the mayor, for adoption such measures as the city manager may deem necessary or expedient; (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and upon

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knowledge of any violation thereof to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (8) Make and execute all lawful contracts on behalf of the city as to matters within said officers jurisdiction, except such as may be otherwise provided by law or by ordinance passed by the council; provided, however, that no contract purchase or obligation involving over $5,000.00 shall be valid and binding until after approval of the council; (9) Act as budget officer with such committee as the city council may appoint to prepare and submit to the council prior to the beginning of each fiscal year a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (10) Keep the council at all times fully advised as to the financial condition and needs of the city; (11) Make a full written report to the council on the first of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the clerk of the city; (12) Fix all salaries and compensation of city employees lawfully employed by said officer, subject, however, to supervision, control, or disapproval by the council; and (13) Perform such other duties as may be prescribed by this Act or required by ordinance or resolution of the council. (b) The city manager shall be the purchasing agent for the city by whom all the purchases of supplies for departments under said officers control and all contracts for printing shall be made, as hereinbefore provided, and said officer shall approve all vouchers for same; provided, however, that all contracts or agreements made by said officer requiring the expenditure of money to the amount of $5,000.00 or more shall be approved by the council. In the capacity of purchasing agent, said officer shall conduct all sales of personal property which the council may authorize to be sold and which have become unnecessary or unfit for the citys use. All purchases and sales shall conform to such regulations as the council may from time to time prescribe, but, in any case, if an amount in excess of $5,000.00 is involved, opportunity for competition shall be given after reasonable advertisement thereof.
SECTION 3.06. City manager; removal.
(a) The mayor and council may remove the manager from office in accordance with the following procedures:
(1) The council shall adopt by affirmative vote of a majority of all its members a preliminary resolution removing the city manager and may suspend the city

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manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the council a written reply not later than five days before the hearing; and (3) The council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the city manager, if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of removal and, unless he or she has been convicted of a felony at that time, he or she shall be given not less than 60 days severance pay. The action of the council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city managers disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section.
SECTION 3.07. Acting city manager.
(a) The city manager may designate in writing any administrative employee of the city who shall exercise all powers, duties, and functions of the city manager during the city managers temporary absence from the city or during the city managers disability. If such designation has not been made and the city manager is absent from the city or unable to perform the duties of the office or to make such designation, the council may, by resolution, appoint any qualified administrative employee of the city to perform the powers, duties, and functions of the city manager until the city manager shall return to the city, the disability ceases, or the council appoints a new city manager. (b) In the event of a vacancy in the office of city manager, the council may designate a person as acting city manager, who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed.
SECTION 3.08. City attorney.
The mayor shall nominate and the council shall confirm by majority vote of the council a city attorney, together with such assistant city attorneys as may be authorized by

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ordinance, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the council, mayor, other officers, and employees of the city concerning legal aspects of the citys affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney.
SECTION 3.09. City clerk.
The mayor may appoint a city clerk, subject to confirmation by majority vote of the council, to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct.
SECTION 3.10. Tax collector.
The mayor may appoint a tax collector, subject to confirmation by majority vote of the council, to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city; and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.
SECTION 3.11. City accountant.
The mayor may appoint a city accountant, subject to confirmation by majority vote of the council, to perform the duties of an accountant.

SECTION 3.12. Consolidation of functions.
The city manager, with the approval of the council, may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same.

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SECTION 3.13. Position classification and pay plans.
The city manager shall be responsible for the preparation of a position classification and a pay plan which shall be submitted to the council for approval. Said plan may apply to all employees of the City of Sandy Springs, and any of its agencies and offices. When a pay plan has been adopted by the council, neither the council nor the city manager shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of said pay plan duly adopted by the council.
SECTION 3.14. Personnel policies.
The council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) Such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Sandy Springs.
ARTICLE IV MUNICIPAL COURT
SECTION 4.01. Creation.
There is established a court to be known as the Municipal Court of the City of Sandy Springs which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tem shall preside and shall exercise the same powers and duties as the judge when so acting.

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SECTION 4.02. Judge.
(a) No person shall be qualified or eligible to serve as judge unless he or she shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. The judge shall be appointed by resolution of the council. The compensation of the judge shall be fixed by the council. The position of judge created in this article shall not be a full-time position, and the person serving in said position may engage in the private practice of law. (b) The judge pro tem shall serve in the discretion of the judge, shall have the same qualifications as the judge, shall be appointed by resolution of the council, and shall take the same oath as the judge. (c) Before entering on duties of his or her office, the judge and judge pro tem shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the council. (d) The judge, or judge pro tem, shall serve for a term of four years but may be removed from the position by a two-thirds vote of the entire membership of the council.
SECTION 4.03. Convening.
Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof.
SECTION 4.04. Jurisdiction; powers.
(a) The municipal court shall try and punish for crimes against the City of Sandy Springs and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $100.00 or imprisonment for 15 days. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 21 days or both, and as an alternative to fine or imprisonment, any offender, upon conviction may be sentenced to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 21 days. (b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior court for violations of state law. (c) The municipal court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have

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discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Sandy Springs, or the property so deposited shall have a lien against it for the value forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Sandy Springs granted by state laws generally to municipal courts, and particularly by such laws as authorize the abatement of nuisances.
SECTION 4.05. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Fulton County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.06. Rules for court.
With the approval of the council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the council may adopt in part or in total the rules and regulations relative to the procedure of the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V

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ELECTION AND REMOVAL OF OFFICERS SECTION 5.01.
Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels.
SECTION 5.02. Regular elections; time for holding.
A special election shall be held on the Tuesday after the first Monday in November, 2004, to elect the first mayor and council as provided in Section 2.02 of this charter. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in said Section 2.02. Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2005. The successors to the first mayor and councilmembers and future successors shall be elected at the municipal election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.
SECTION 5.03. Qualifying; nomination of candidates; absentee ballots.
In conformity with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code," the council may, by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as may be necessary for the conduct of elections in the City of Sandy Springs.
SECTION 5.04. Applicability of general laws.
Except for the requirements of Section 5.01 of this charter that city elections shall be nonpartisan, the procedures and requirements for election of all elected officials of the City of Sandy Springs, including but not limited to the special election of 2004 to elect the first mayor and council, shall be in conformity with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
SECTION 5.05. Grounds for removal.
The mayor or any councilmember shall be subject to removal from office for any one or

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more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Final conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Willful violation of any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by law.
SECTION 5.06. Procedure for removal.
Removal of an elected officer from office may be accomplished by one of the following methods:
(1) By action of two-thirds vote of the entire membership of the council. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the council 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; or (2) By information filed in the Superior Court of Fulton County as provided by law.
ARTICLE VI CODE OF ETHICS AND PROHIBITED PRACTICES
SECTION 6.01. Conflict of interest.
No elected official, appointed officer, or employee of the City of Sandy Springs or any agency or political entity to which this code of ethics applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair his or her independence of judgment or action in the performance of his or her official duties; (2) Contract with, engage in any business or transaction with, or be or become an employee of any other municipality or county of this state or the state itself while holding any elective office of the city or while serving as a full-time employee of the city; (3) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper

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discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties; (4) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is employed without proper legal authorization, or use such information to advance the financial or other private interest of himself or herself or others; (5) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which, to his or her knowledge, is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is employed; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any campaign; (6) Represent private interests in any action or proceeding against the council by which he or she is employed; or (7) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she has a financial interest.
SECTION 6.02. Disclosure.
Any elected official, appointed officer, or employee of the City of Sandy Springs who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the council. The mayor or any councilmember who has a private interest in any matter pending before the council shall disclose such private interest and such disclosure shall be entered on the records of the council and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this code of ethics applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such agency or entity shall disclose such private interest to the governing body of such agency or entity.
SECTION 6.03. Financial disclosure statements.
Each elected official of the City of Sandy Springs shall file a financial disclosure statement as required by Article 3 of Chapter 5 of Title 21 of the O.C.G.A.
SECTION 6.04. Use of public property.
No elected official, appointed officer, employee of the city, or any agency or entity to

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which this code of ethics applies shall use property owned by such governmental body for personal benefit, convenience, or profit, except in accordance with policies promulgated by the council or the governing body of such agency or entity.
SECTION 6.05. Contracts voidable and rescindable.
Any violation of this code of ethics which occurs with the knowledge, express or implied, of another party to a contract or sale shall render said contract or sale voidable as to that party, at the option of the council.
SECTION 6.06. Ineligibility of elected officials.
Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he or she was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after leaving office.
SECTION 6.07. Political activities of certain officers and employees.
No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office.
SECTION 6.08. Penalties for violation.
(a) Any city officer or employee who willfully conceals such financial interest or willfully violates any of the requirements of this article shall, upon conviction, be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position. (b) Any officer or employee of the city who shall forfeit his or her office or position as described in subsection (a) of this section shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
ARTICLE VII FINANCE AND FISCAL
SECTION 7.01. Property taxes.

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All property subject to taxation for state or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the City of Sandy Springs. The council shall use the county assessment for the year in which the city taxes are to be levied, as provided by the laws of the State of Georgia.
SECTION 7.02. Tax levy.
The council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, and for any other public purpose as determined by the council in its discretion. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations.
SECTION 7.03. Tax due dates and tax bills.
The council shall provide, by ordinance, when the taxes of the city shall fall due and the time period within which said taxes may be paid and shall provide, by ordinance, for the payment of taxes due to the city in installments or in one lump sum, and when and how and upon what terms such taxes shall be due and payable, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 7.04. Collection of delinquent taxes.
The council may provide, by ordinance, for the collection of delinquent taxes by fi. fa. or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, state, or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments, or on other amounts due to the city.
SECTION 7.05. Licenses, occupational taxes, excise taxes, and franchises.
(a) The council, by ordinance, shall have full power to levy such license and specific or occupation taxes upon residents of the City of Sandy Springs, both individual and corporate, and on all those who transact or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience or advantage of the city. The council may classify businesses, occupations,

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professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes by execution or any other lawful manner. The council may make laws and regulations necessary or proper to carry out the powers conferred in this section and may prescribe penalties for any violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law. (b) The city council shall have the power to grant franchises for the use of this citys streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this citys streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 7.06. Water and sewer service charges.
The council, by ordinance, shall have the right, power, and authority to assess and collect fees, charges, and tolls for water and sewer services rendered both inside and outside the corporate limits of the City of Sandy Springs to provide for the cost and expense of providing for the treatment and distribution of water, and the collection and disposal of sewage through the sewerage facilities of said city. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.
SECTION 7.07. Sanitary and health services charge.
The council shall have authority, by ordinance, to provide for, to enforce, to levy, and to collect the cost of sanitary and health services necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in said city benefiting from such service. Such authority shall include the power to assess, levy, and collect annual or monthly sanitary taxes or fees in such amount or amounts and based

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upon and in accordance with such classification of property and sanitary service or service provided, as may be fixed by ordinance. Said sanitary taxes and the assessments thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed and the owner or owners thereof, superior to all other liens, except liens for county and city property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.
SECTION 7.08. Special assessments.
The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of 10 percent and shall thereafter be subject to interest at the rate of 7 percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided for in this article for city property taxes.
SECTION 7.09. Transfer of executions.
The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fas., provided that, upon levy of execution and sale of property pursuant to such tax fi. fas., whether assigned, transferred, or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under state or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law.
SECTION 7.10. General obligation bonds.
The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.

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SECTION 7.11. Revenue bonds.
Revenue bonds may be issued by the council as provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," as now or hereafter amended, or by any other Georgia law as now or hereafter provided.
SECTION 7.12. Short term notes.
Pursuant to applicable state law, but not otherwise, the city may obtain temporary loans between January 1 and December 31 of each calendar year.
SECTION 7.13. Fiscal year.
The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution, agency, and activity of the city government, unless otherwise provided by state or federal law.
SECTION 7.14. Preparation of budgets.
The council shall provide, by ordinance, the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement program and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
SECTION 7.15. Submission of operating budget to city council.
On or before a date fixed by the council, but not later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection.

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SECTION 7.16. Action by council on budget.
(a) The council may amend the operating budget proposed by the city manager, except that the budget, as finally amended and adopted, must provide for all expenditures required by law, or by other provisions of this charter, and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues, constituting the fund availability of such fund. (b) The council shall adopt the final operating budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. If the council fails to adopt the budget by said date, the amounts appropriated for the current fiscal year shall be applicable to the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the council adopts a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable.
SECTION 7.17. Property tax levies.
As the next order of business, following adoption of the operating budget, the council shall levy, by ordinance, an annual tax on all real and personal property within the City of Sandy Springs. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the City of Sandy Springs and the retirement of bonds.
SECTION 7.18. Additional appropriations.
The council may make appropriations in addition to those contained in the current operating budget at any regular or special meeting called for such purpose, but any such additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies.
SECTION 7.19.

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Capital improvements budget.
(a) On or before the date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the council a proposed capital improvements budget with his or her recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health, or property of the inhabitants, when passed by two-thirds vote of the membership of the council. (b) The council shall adopt the final capital improvements budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, provided the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her recommendations thereon. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the council.
SECTION 7.20. Contracting procedures.
All contracts shall be made or authorized by the council and shall not bind the city unless reduced to writing, approved by the council, and spread upon the minutes. All contracts, and all ordinances or resolutions making contracts or authorizing the same, shall be drawn by the city attorney or shall be submitted to him or her before authorization by the council.
SECTION 7.21. Centralized purchasing; city property.
(a) The council shall, by ordinance, prescribe procedures for a system of centralized purchasing for the City of Sandy Springs. (b) The council may sell and convey any real or personal property owned or held by the City of Sandy Springs for governmental or other purposes, at a public or private sale, after due advertisement, for such consideration as it shall deem equitable and just for the city. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.

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(d) Whenever, in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the council may authorize the city manager to execute and deliver, in the name of the city, a deed conveying said cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place, or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances, so executed and delivered, shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale, after advertisement, was or is hereafter made.
SECTION 7.22. Audits.
(a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets.
SECTION 7.23. Homestead exemptions.
Each resident of the City of Sandy Springs who qualifies for one or more homestead exemptions from Fulton County ad valorem taxes for county purposes shall be granted one or more corresponding homestead exemptions from City of Sandy Springs ad valorem taxation. The eligibility requirements for each such exemption shall be the same as those for the corresponding exemption from Fulton County ad valorem taxes for county purposes; and the amount of each such exemption shall be the same as the amount of the corresponding exemption from Fulton County ad valorem taxes. No separate application for the exemption from City of Sandy Springs ad valorem taxation shall be required; and the eligibility for any such exemption shall be determined by reference to eligibility for the corresponding exemption from Fulton County ad valorem taxes for county purposes. Any such exemption shall apply only to a home which the resident owns and actually occupies as a residence and homestead; and any such exemption shall be applicable to all ad valorem taxes levied by the City of Sandy Springs except ad valorem taxes to pay interest on and retire bonded indebtedness.
ARTICLE VIII GENERAL PROVISIONS
SECTION 8.01.

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Qualified electors.
(a) For the purposes of the referendum election provided for in Section 8.02 of this charter and for the purposes of the special election to be held on the Tuesday after the first Monday in November, 2004, the qualified electors of the City of Sandy Springs shall be those qualified electors of Fulton County residing within the corporate limits of the City of Sandy Springs as described by Exhibit A of this charter. At subsequent municipal elections, the qualified electors of the City of Sandy Springs shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code." (b) Only for the purpose of holding and conducting the referendum election provided for by Section 8.02 of this charter and only for the purpose of holding and conducting the special election of the City of Sandy Springs to be held on the Tuesday after the first Monday in November, 2004, the election superintendent of Fulton County is vested with the powers and duties of the election superintendent of the City of Sandy Springs and the powers and duties of the governing authority of the City of Sandy Springs.
SECTION 8.02. Referendum.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Sandy Springs, as provided in Section 8.01 of this charter, for approval or rejection. The superintendent shall set the date of such election for the date of the July, 2004, general primary election. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. 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 Fulton County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act incorporating the City of Sandy Springs and granting ( ) NO homestead exemptions in connection therewith be approved?"

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, it shall become of full force and effect as provided in Section 8.03 of this charter, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Fulton County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State.
SECTION 8.03.

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Effective dates.
This section and the provisions of this Act necessary for the special election provided for in Section 8.02 of this charter shall become effective only if an amendment to Code Section 36-31-2 of the O.C.G.A., permitting incorporation of a municipal corporation less than three miles from another municipalitys boundaries, is enacted, in which event this section and the provisions of this Act necessary for the election provided in Section 8.02 of this charter shall become effective upon the same date that such amendment to Code Section 36-31-2 of the O.C.G.A. becomes effective. The provisions of this Act necessary for the special election to be held on the Tuesday after the first Monday in November, 2004, as provided by Articles II and V of this charter shall be effective upon the certification of the results of the referendum election provided for by Section 8.02 of this charter, if this Act is approved at such referendum election. The remaining provisions of this Act shall become of full force and effect for all purposes on January 1, 2005, when members of the first governing authority of the City of Sandy Springs take office as provided in Section 2.02 of this charter.
SECTION 8.04. Severability.
In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 8.05. All laws and parts of laws in conflict with this Act are repealed.
EXHIBIT A
The corporate limits of the City of Sandy Springs shall consist of the following described territory of Fulton County:
Beginning on the western border of Fulton County at the intersection of the Chattahoochee River and Powers Ferry Road, running thence generally easterly along the northern edge of Powers Ferry Road until its intersection with Northside Drive; thence running generally southerly along the eastern edge of Northside Drive until its intersection with Mount Vernon Highway; thence running generally northeasterly along the northern edge of Mount Vernon Highway until its intersection with Powers Ferry Road; thence running generally southerly along the eastern edge of Powers Ferry Road

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until its intersection with the City Limits of the City of Atlanta; thence running generally easterly along the northerly city limit line of the City of Atlanta, following the meanderings thereof, to the point where said line intersects the Fulton-DeKalb County line; running thence northerly, generally easterly, and generally northerly along the easterly county line of Fulton County at the point where the Fulton-Gwinnett County line intersects the Chattahoochee River; running thence generally west and southwest along the southern bank of said river, following the meanderings thereof, to the point of beginning.
EXHIBIT B
Council Districts 1 through 6 shall consist of the territory of the City of Sandy Springs described in the Redistricting Plan Components Report attached to this Act and made a part thereof and further identified as "Plan Name: SANDYSPR04-1 Plan Type: Local User: Linda Administrator: Sandy Springs." When used in such attachment, the terms "Tract" and "BG" (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a "BG" heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the City of Sandy Springs which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Sandy Springs 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 with 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.
Plan Name: SANDYSPR04-1 Plan Type: Local User: Linda Administrator: Sandy Springs
Redistricting Plan Components Report
District 001 Fulton County
Tract: 101.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1995 1998 1999 BG: 2

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BG: 3 Tract: 101.07 Tract: 101.08 Tract: 101.09 BG: 8 8000 8001 8002 8003 Tract: 101.11 BG: 1 1000 1001 1002 1003 1004 1005 BG: 2 2004 2005 Tract: 101.12 BG: 3 Tract: 114.11 BG: 1 1995 1996
District 002 Fulton County
Tract: 101.11 BG: 2 2000 2001 2002 2003 BG: 3 Tract: 102.08 Tract: 102.09 Tract: 102.10 BG: 2 2000 2001 2002 2003 2005 2998 2999 Tract: 114.06 BG: 1 1006 1007 1009 1995 1997 1998 1999 BG: 9 9013 9999
District 003 Fulton County
Tract: 102.04 Tract: 102.05 Tract: 102.07 BG: 2 2000 Tract: 102.10 BG: 1

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BG: 2 2004 2006 2007 2008 2009 2010 2011
District 004 Fulton County
Tract: 101.09 BG: 6 6002 6003 6004 6005 6006 6007 6008 6009 BG: 7 BG: 8 8004 8005 8006 8007 8008 8009 8010 8011 8012 8013 8014 8015 8016 8017 8018 8019 8020 8021 8022 8023 8024 8025 8026 8027 Tract: 101.12 BG: 1
District 005 Fulton County
Tract: 100 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 BG: 4 4000 4001 4002 4003 4007 Tract: 101.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1034 1999 BG: 2 Tract: 101.09 BG: 6 6000 6001 Tract: 101.10
District 006 Fulton County
Tract: 101.01 BG: 1 1010 1011 1012 1013 1014 1015 1031 1032 1033 Tract: 102.06 BG: 4 4000 4001 4002 4003 4004 4011 4021 4997 4998 4999 BG: 5 BG: 6

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6000 6001 6002 6003 6004 6005 6006 6007 6008 6011 6013 Tract: 102.07 BG: 1 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4011 4014 4015 4016 4017 4018 4019 4020 4024 4996 4999

On the adoption of the substitute, the yeas were 34, nays 4, and the committee substitute was adopted.

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

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

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

On the passage of the local legislation, the yeas were 41, nays 11.

The local contested legislation, having received the requisite constitutional majority, was passed by substitute.

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Senators Harbison of the 15th, Harp of the 16th and Hooks of the 14th recognized representatives of the Youth Advisory Council of Columbus, Georgia, commended by SR 667, adopted previously.

Senators Hill of the 4th, Gillis of the 20th and Williams of the 19th introduced Dr. Michael Guido, commended by SR 689, adopted previously. Dr. Guido addressed the Senate briefly.

SENATE RULES CALENDAR THURSDAY, FEBRUARY 5, 2004 TWELFTH LEGISLATIVE DAY

SB 253

Teachers Retirement; University System employees; optional plan (RET-47th)

SB 337

Civil Actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction (Substitute)(JUDY-30th)

SB 361

Regulatory Reform Act; rule making by Dept. of Community Health (Substitute)(RI&Util-18th)

SB 438

State Transportation Board; voting in caucuses; roll-call or show of hands (ETHICS-1st)

HB 645

Alcoholic beverages; redefine malt beverage (RI&Util-12th) Benfield-56th

Respectfully submitted,

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

The following legislation was read the third time and put upon its passage:
SB 253. By Senators Hudgens of the 47th and Kemp of the 46th:
A BILL to be entitled an Act to amend Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to membership of eligible university system employees in the Teachers Retirement System of Georgia, so as to provide that certain university system employees may elect membership in the optional retirement plan provided for in Chapter 21 of Title 47; to provide conditions; to provide for the transfer of employer and employee contributions;

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to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

The following Fiscal Note, as required by law, was read by the Secretary:

Russell W. Hinton State Auditor (404) 656-2174

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

March 4, 2003

The Honorable Ralph Hudgens State Senator Legislative Office Building, Room 304 Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification Senate Bill 253(LC 21 7322)

Dear Senator Hudgens:

This bill would amend provisions relating to membership in the Optional Retirement Plan. Specifically, this bill would allow members of the Teachers Retirement System who are employed on July 1, 2004 as an assistant coach by the athletic department of a state university to participate in the Optional Retirement Plan. The decision to participate in the Optional Retirement Plan must be made by August 31, 2004, and such decision is irrevocable. This bill would require the board of trustees to transfer all employee and employer contributions made by or on behalf of the member to the member's account in the Optional Retirement Plan, together with regular interest.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.

Respectfully, /s/ Russell W. Hinton
State Auditor

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

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

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

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

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

SB 253, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

Secretary of the Senate,

Please cast a "yes" vote in favor of Senate Bill 253. My voting button malfunctioned.

Sincerely,

/s/ Kasim Reed State Senate District 35

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The following bill was taken up to consider the Conference Committee Report 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.

The Conference Committee Report # 2 was as follows:

The Committee of Conference on HB 237 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 237 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Gillis of the 20th /s/ Senator Cagle of the 49th /s/ Senator Johnson of the 1st

/s/ Representative Hanner of the 133rd /s/ Representative McCall of the 78th /s/ Representative Royal of the 140th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 237

A BILL TO BE ENTITLED AN ACT

To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to enact the "Comprehensive State-wide Water Management Planning Act"; to provide legislative findings and declarations; to provide for definitions; to require the development of a state-wide water management plan; to provide for principles on which such plan shall be based; to require all water withdrawal permit decisions to be made in accordance with such plan; to provide for effect of noncompliance with such plan; to provide for a Water Council and for its composition and duties; to provide procedures for plan development, adoption, and revision; to provide for related matters; to provide an effective date; to repeal conflicting laws; and

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for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 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 by the Environmental Protection Division of the Department of Natural Resources; (2) 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; and (3) Regional water planning efforts of the Environmental Protection Division should be coordinated with and not supplant the existing efforts of all state agencies.
SECTION 2. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by adding a new Article 11 to read as follows:
"ARTICLE 11 12-5-600. This article shall be known and may be cited as the 'Comprehensive State-wide Water Management Planning Act.'
12-5-601. 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.
12-5-602. (a) The division shall develop a comprehensive state-wide water management plan in accordance with 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 comprehensive state-wide water management plan:
(1) Effective water resources management protects public health and the safety and welfare of Georgias 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;

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(3) All citizens have a stewardship responsibility to conserve and protect the water resources of Georgia; (4) Water resources 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 resources 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 (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 comprehensive state-wide water management plan shall set forth state-wide water policies which shall guide river basin and aquifer management plans, regional water planning efforts, and local water plans. (d) The comprehensive state-wide water management plan may include a process for creating draft river basin management plans and draft ground-water management plans and how such plans are finalized and revised, including how the public may participate in the creation and revision of such plans. (e) The division shall make all water withdrawal permitting decisions in accordance with the comprehensive state-wide water management plan. Any political subdivision or local water authority that is not in compliance with the plan shall be ineligible for state grants or loans for water projects, except for those projects designed to bring such political subdivision or local water authority into compliance with the plan.
12-5-603. (a) The division shall work in cooperation, coordination, and communication with the Water Council created by Code Section 12-5-604 and any other state, local, regional, or federal agency as appropriate to complete the comprehensive state-wide water management plan. (b) The division shall solicit extensive stakeholder involvement in the development of the plan. Such stakeholders shall include, without limitation, other state agencies, nonprofit advocacy organizations, business organizations, local government entities and associations of local government entities, and regional development centers. The division shall submit a draft comprehensive state-wide water management plan to the Water Council for review no later than July 1, 2007.

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12-5-604. (a) There shall be a coordinating committee called the 'Water Council' composed of one member appointed by the Speaker of the House of Representatives who shall not be a member of the General Assembly and who shall serve for a term of four years and until a successor is appointed and qualified; one member appointed by the President Pro Tempore of the Senate who shall not be a member of the General Assembly and who shall serve for a term of four years and until a successor is appointed and qualified; and the following state officials who shall serve ex officio as members of the committee: the director of the division, the commissioner of natural resources, the executive director of the State Soil and Water Conservation Commission, the commissioner of community affairs, the commissioner of human resources, the Commissioner of Agriculture, the director of the Georgia Forestry Commission, and the executive director of the Georgia Environmental Facilities Authority. In addition, the chairperson of the Senate Natural Resources and the Environment Committee and one additional member of that committee to be selected by its chairperson and the chairperson of the House Committee on Natural Resources and Environment and one additional member of that committee to be selected by its chairperson shall each serve ex officio in an advisory capacity. Any vacancy among the two appointed members of the Water Council who are not members of the General Assembly other than for expiration of term shall be filled in the same manner as the original appointment for the unexpired term. The director shall serve as chairperson of the Water Council. (b) The Water Council shall:
(1) Ensure coordination, cooperation, and communication among state agencies and their water related efforts in the development of a comprehensive state-wide water management plan; (2) Provide input to the division concerning the development of a comprehensive state-wide water management plan; and (3) Review, modify if necessary, and approve the final draft of the comprehensive state-wide water management plan.
12-5-605. (a) The final draft of the comprehensive state-wide water management plan approved by the Water Council shall be submitted by the Water Council to the Board of Natural Resources for adoption or rejection no later than December 1, 2007. (b) The Board of Natural Resources shall have no authority to modify any plan submitted to it by the Water Council but may adopt such plan without any changes or reject such plan in its entirety and return it to the Water Council for modification and resubmission to the Board of Natural Resources for adoption or rejection.
12-5-606. The division shall review the current comprehensive state-wide water management plan and recommend appropriate amendments to or revisions of the plan, if any, to the Water Council not later than July 1, 2010, and at least every three years thereafter. Any such

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recommended amendments or revisions shall be subject to review, modification if necessary, and approval by the Water Council and submission to the Board of Natural Resources for adoption or rejection the same as the initial comprehensive state-wide water management plan."

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 moved that the Senate adopt the Conference Committee Report # 2 on HB 237.

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

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

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

On the motion, the yeas were 53, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report # 2 on HB 237.

The Calendar was resumed.

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SB 337. By Senators Hamrick of the 30th and Williams of the 19th:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, so as to provide for a statute of limitations for bringing such actions; to designate where a petition must be filed when the petitioner is being held by federal or other authorities; to provide for service; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Judiciary Committee offered the following substitute to SB 337:
A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, so as to provide for a statute of limitations for bringing such actions; to designate where a petition must be filed when the petitioner is being held by federal or other authorities; to provide for service; to provide for the dismissal of a petition under certain circumstances in which the delay in filing such petition prejudiced the respondents ability to respond to such petition; 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 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, is amended by adding a new subsection (c) to Code Section 9-14-42, relating to grounds for a writ and waiver of objection to jury composition, to read as follows:
"(c) Any action brought pursuant to this article shall be filed within one year in the case of a misdemeanor, except as otherwise provided in Code Section 40-13-33, or within four years in the case of a felony, other than one challenging a conviction for which a death sentence has been imposed or challenging a sentence of death, from:
(1) The judgment of conviction becoming final by the conclusion of direct review or the expiration of the time for seeking such review; (2) The date on which an impediment to filing a petition which was created by state action in violation of the Constitution or laws of the United States or of this state is removed, if the petitioner was prevented from filing such state action; (3) The date on which the right asserted was initially recognized by the Supreme Court of the United States or the Supreme Court of Georgia, if that right was newly recognized by said courts and made retroactively applicable to cases on collateral

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review; or (4) The date on which the facts supporting the claims presented could have been discovered through the exercise of due diligence."
SECTION 2. Said article is further amended by striking Code Section 9-14-43, relating to jurisdiction of habeas corpus proceedings, and inserting in lieu thereof the following:
"9-14-43. A petition brought under this article must be filed in the superior court of the county in which the petitioner is being detained. The superior courts of such counties shall have exclusive jurisdiction of habeas corpus actions arising under this article. If the petitioner is not in custody or is being detained under the authority of the United States, any of the several states other than Georgia, or any foreign state, the petition must be filed in the superior court of the county in which the conviction and sentence which is being challenged was imposed."
SECTION 3. Said article is further amended by adding a new subsection (e) to Code Section 9-14-48 of the Official Code of Georgia Annotated, relating to hearings, to read as follows:
"(e) A petition may be dismissed if it appears that the respondent has been prejudiced in its ability to respond to the petition by delay in its filing unless the petitioner shows by a preponderance of the evidence that it is based on grounds of which he or she could not have had knowledge by the exercise of reasonable diligence before the circumstances prejudicial to the respondent occurred."
SECTION 4. This Act shall be effective upon its approval by the Governor or its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Senators Hamrick of the 30th and Smith of the 52nd offered the following amendment:
Amend the Senate Judiciary Committee substitute to SB 337 by striking line 20 on page 1 and inserting in lieu thereof the following:
"expiration of the time for seeking such review; provided, however, that any person whose conviction has become final as of the effective date of this Code section, regardless of the date of conviction, shall have from the effective date of this Code section one year in the case of a misdemeanor or two years in the case of a felony to bring an action pursuant to this Code section;".

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On the adoption of the amendment, the yeas were 36, nays 0, and the Hamrick, Smith of the 52nd amendment was adopted.

On the adoption of the substitute, the yeas were 43, nays 0, and the committee substitute was adopted as amended.

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

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

Y Adelman 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

E Harbison Y Harp N 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 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 Y Thomas,N
Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams N Zamarripa

On the passage of the bill, the yeas were 45, nays 7.

SB 337, having received the requisite constitutional majority, was passed by substitute.

SB 361. By Senators Tolleson of the 18th, Cagle of the 49th, Mullis of the 53rd, Hamrick of the 30th, Price of the 56th and others:

A BILL to be entitled an Act to be known as the "Regulatory Reform Act of 2003"; to provide for a short title, findings, and a statement of purpose; to amend Chapter 3 of Title 1 of the O.C.G.A., relating to laws and statutes, so as to provide that the state and each county, municipality, consolidated government, school district, or political subdivision thereof shall be bound by

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each statute enacted by the General Assembly and by any rule or regulation adopted pursuant to such statute; to amend Code Section 31-6-21.1 of the O.C.G.A., relating to procedures for rulemaking by the Department of Community Health, so as to correct a cross-reference; to amend Chapter 13 of Title 50 of the O.C.G.A., known as the "Georgia Administrative Procedure Act"; to repeal conflicting laws; and for other purposes.
The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 361:
A BILL TO BE ENTITLED AN ACT
To be known as the "Regulatory Reform Act of 2003"; to provide for a short title, findings, and a statement of purpose; to amend Code Section 31-6-21.1 of the Official Code of Georgia Annotated, relating to procedures for rule making by the Department of Community Health, so as to correct a cross-reference; to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to provide requirements relative to the formulation, drafting, and adoption of rules or amendments to existing rules; to provide a definition; to provide for advisory committees; to provide for cost-benefit analyses and risk assessments; to provide for public records; to provide for notices and the contents thereof; to provide for reduction of the economic impact of rules and amendments on small businesses and citizens; to provide for and change certain existing procedures relating to the review of proposed rules by committees of the General Assembly and the procedures connected therewith; to provide for hearings and reports; to provide for the periodic review of rules; to provide for additional duties of agencies; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Regulatory Reform Act of 2003."
SECTION 2. The General Assembly of Georgia finds that real opportunity is created by free enterprise, not government. Unnecessary government regulations can smother the flame of small business and creativity. In fact, government regulation can be the biggest threat to the survival of small business. Every Georgia family pays thousands of dollars to comply with federal and state regulations. These regulations cost businesses by reducing profits, lowering salaries, and increasing costs to consumers. The cost of regulations is more than a hidden tax on consumers; regulations also cost jobs. It is the purpose of this Act to limit the future ability of agencies to write and implement regulations that stifle business

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and cost consumers without affecting their ability to protect the health and safety of Georgians.
SECTION 3. Code Section 31-6-21.1 of the Official Code of Georgia Annotated, relating to procedures for rule making by the Department of Community Health, is amended by striking subsection (b) of said Code section and inserting in its place the following:
"(b) The department shall transmit three copies of the notice provided for in paragraph (1) of subsection (a) subsection (b) of Code Section 50-13-4 to the legislative counsel. The copies shall be transmitted at least 30 days prior to that departments intended action. Within five days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officer of each house with a copy of the notice and mail a copy of the notice to each member of the Health and Human Services Committee of the Senate and each member of the Health and Ecology Committee of the House of Representatives. Each such rule and any part thereof shall be subject to the making of an objection by either such committee. Any rule or part thereof to which no objection is made by both such committees may become adopted by the department at the end of such 30 day period. The department may not adopt any such rule or part thereof which has been changed since having been submitted to those committees unless:
(1) That change is to correct only typographical errors; (2) That change is approved in writing by both committees and that approval expressly exempts that change from being subject to the public notice and hearing requirements of subsection (a) (b) of Code Section 50-13-4; (3) That change is approved in writing by both committees and is again subject to the public notice and hearing requirements of subsection (a) (b) of Code Section 50-13-4; or (4) That change is again subject to the public notice and hearing requirements of subsection (a) (b) of Code Section 50-13-4 and the change is submitted and again subject to committee objection as provided in this subsection. Nothing in this subsection shall prohibit the department from adopting any rule or part thereof without adopting all of the rules submitted to the committees if the rule or part so adopted has not been changed since having been submitted to the committees and objection thereto was not made by both committees."
SECTION 4. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," is amended by striking 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 of rules, and inserting in lieu thereof a new Code Section 50-13-4 to read as follows:
"50-13-4. (a) Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules or general statements of policy, the agency shall:

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(1) Give at least 30 days notice of its intended action. The notice shall include an exact copy of the proposed rule and a synopsis of the proposed rule. The synopsis shall be distributed with and in the same manner as the proposed rule. The synopsis shall contain a statement of the purpose and the main features of the proposed rule, and, in the case of a proposed amendatory rule, the synopsis also shall indicate the differences between the existing rule and the proposed rule. The notice shall also include the exact date on which the agency shall consider the adoption of the rule and shall include the time and place in order that interested persons may present their views thereon. The notice shall also contain a citation of the authority pursuant to which the rule is proposed for adoption and, if the proposal is an amendment or repeal of an existing rule, the rule shall be clearly identified. The notice shall be mailed to all persons who have requested in writing that they be placed upon a mailing list which shall be maintained by the agency for advance notice of its rule-making proceedings and who have tendered the actual cost of such mailing as from time to time estimated by the agency; (2) Afford to all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. In the case of substantive rules, opportunity for oral hearing must be granted if requested by 25 persons who will be directly affected by the proposed rule, by a governmental subdivision, or by an association having not less than 25 members. The agency shall consider fully all written and oral submissions respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so by an interested person either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption and incorporate therein its reason for overruling the consideration urged against its adoption; (3) In the formulation and adoption of any rule which will have an economic impact on businesses in the state, reduce the economic impact of the rule on small businesses which are independently owned and operated, are not dominant in their field, and employ 100 employees or less by implementing one or more of the following actions when it is legal and feasible in meeting the stated objectives of the statutes which are the basis of the proposed rule:
(A) Establish differing compliance or reporting requirements or timetables for small businesses; (B) Clarify, consolidate, or simplify the compliance and reporting requirements under the rule for small businesses; (C) Establish performance rather than design standards for small businesses; or (D) Exempt small businesses from any or all requirements of the rules; and (4) In the formulation and adoption of any rule, an agency shall choose an alternative that does not impose excessive regulatory costs on any regulated person or entity which costs could be reduced by a less expensive alternative that fully accomplishes the stated objectives of the statutes which are the basis of the proposed rule. (b) If any agency finds that an imminent peril to the public health, safety, or welfare, including but not limited to, summary processes such as quarantines, contrabands,

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seizures, and the like authorized by law without notice, requires adoption of a rule upon fewer than 30 days notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable to adopt an emergency rule. Any such rule adopted relative to a public health emergency shall be submitted as promptly as reasonably practicable to the House of Representatives and Senate Committees on Judiciary. The rule may be effective for a period of not longer than 120 days but the adoption of an identical rule under paragraphs (1) and (2) of subsection (a) of this Code section is not precluded; provided, however, that such a rule adopted pursuant to discharge of responsibility under an executive order declaring a state of emergency or disaster exists as a result of a public health emergency, as defined in Code Section 38-3-3, shall be effective for the duration of the emergency or disaster and for a period of not more than 120 days thereafter. (c) It is the intent of this Code section to establish basic minimum procedural requirements for the adoption, amendment, or repeal of administrative rules. Except for emergency rules which are provided for in subsection (b) of this Code section, the provisions of this Code section are applicable to the exercise of any rule-making authority conferred by any statute, but nothing in this Code section repeals or diminishes additional requirements imposed by law or diminishes or repeals any summary power granted by law to the state or any agency thereof. (d) No rule adopted after April 3, 1978, shall be valid unless adopted in exact compliance with subsections (a) and (e) of this Code section and in substantial compliance with the remainder of this Code section. A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this Code section must be commenced within two years from the effective date of the rule. (e) The agency shall transmit the notice provided for in paragraph (1) of subsection (a) of this Code section to the legislative counsel. The notice shall be transmitted at least 30 days prior to the date of the agencys intended action. Within three days after receipt of the notice, if possible, the legislative counsel shall furnish the presiding officers of each house with a copy of the notice, and the presiding officers shall assign the notice to the chairperson of the appropriate standing committee in each house for review and any member thereof who makes a standing written request. In the event a presiding officer is unavailable for the purpose of making the assignment within the time limitations, the legislative counsel shall assign the notice to the chairperson of the appropriate standing committee. The legislative counsel shall also transmit within the time limitations provided in this subsection a notice of the assignment to the chairperson of the appropriate standing committee. Each standing committee of the Senate and the House of Representatives is granted all the rights provided for interested persons and governmental subdivisions in paragraph (2) of subsection (a) of this Code section. (f) In the event a standing committee to which a notice is assigned as provided in subsection (e) of this Code section files an objection to a proposed rule prior to its adoption and the agency adopts the proposed rule over the objection, the rule may be considered by the branch of the General Assembly whose committee objected to its

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adoption by the introduction of a resolution for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of any agency which adopts a proposed rule over such objection so to notify the presiding officers of the Senate and the House of Representatives, the chairmen of the Senate and House committees to which the rule was referred, and the legislative counsel within ten days after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his approval or veto. In the event of his veto, the rule shall remain in effect. In the event of his approval, the rule shall be void on the day after the date of his approval.
(g)(1) Subsection (f) of this Code section shall not apply to the Environmental Protection Division of the Department of Natural Resources, but paragraph (2) of this subsection shall apply to the Environmental Protection Division of the Department of Natural Resources. (2) In the event the chairman of any standing committee to which a proposed rule relative to the Environmental Protection Division of the Department of Natural Resources is assigned notifies the agency that the committee objects to the adoption of the rule or has questions concerning the purpose, nature, or necessity of the rule, it shall be the duty of the agency to consult with the committee prior to the adoption of the rule. (h) The provisions of subsections (e) and (f) of this Code section shall apply to any rule of the Department of Human Resources that is promulgated pursuant to Code Section 31-2-7 or 31-45-10, except that the presiding officer of the Senate is directed to assign the notice of such a rule to the chairperson of the Senate Defense, Science and Technology Committee and the presiding officer of the House of Representatives is directed to assign the notice of such a rule to the chairperson of the House Committee on Industry. As used in this subsection, the term 'rule' shall have the same meaning as provided in paragraph (6) of Code Section 50-13-2 and shall include interpretive rules and general statements of policy, notwithstanding any provision of subsection (a) of this Code section to the contrary. (a) As used in this Code section, the term: (1) 'Cost-benefit analysis' shall include the following:
(A) An identification and estimate of the number of small businesses subject to the proposed rule; (B) The projected reporting, record keeping, and other administrative costs required for compliance with the proposed rule, including the type of professional skills

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necessary for preparation of the report or record; (C) A statement of the probable effect on impacted small businesses; (D) A description of less intrusive or less costly alternative methods of achieving the purpose of the proposed rule; and (E) An examination of any appropriate scientific research concerning the risk or condition that the rule or amendment is designed to abate or control. (2) 'Small business' means a business that is independently owned and operated and employs 50 employees or less or has gross annual sales of less than $4 millions dollars. (3) 'Substantive rules' or 'substantive amendments' mean those rules or amendments that affect the health, safety, or welfare of the public, but shall not include rules or amendments that merely restate statutes or that provide internal procedures for the administration of the agency. (b)(1) Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules or general statements of policy, the agency shall give at least 30 days' notice of its intended action. (2) Such notice shall include: (A) An exact copy of the proposed rule; (B) The cost-benefit analysis of the rule if such analysis is required under subsection (d) of this Code section; (C) A synopsis of the proposed rule which contains a statement of the purpose and the main features of the proposed rule and, in the case of an amendatory rule, the synopsis shall indicate the differences between the existing rule and the proposed rule; (D) The exact date on which the agency shall consider the adoption of the rule and shall include the time and place in order that interested persons may present their views thereon; and (E) A citation of the authority pursuant to which the rule is proposed for adoption and, if the proposal is an amendment or repeal of an existing rule, the rule shall be clearly identified. (3) The notice shall be mailed to all persons and organizations that have requested in writing that they be placed upon a mailing list that shall be maintained by the agency for advance notice of its rule-making proceedings and who have tendered the actual cost of such mailing as from time to time estimated by the agency. (4) At the time that the notice is mailed, a copy of the notice and synopsis, including the cost-benefit analysis, if required, shall be posted on the Internet and made available by the agency for electronic access and downloading at no cost to any citizen seeking electronic access to such information. (5) The agency shall afford to all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. The agency shall consider fully all written and oral submissions concerning the proposed rule. In the case of substantive rules, opportunity for oral hearing must be granted if requested by 25 persons who will be affected by the proposed rule, by a governmental subdivision, by a standing

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committee of the General Assembly to which the proposed rule is referred, or by an association having not less than 25 members. Upon adoption of a rule, the agency, if requested to do so by an interested person either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption and incorporate therein its reason for overruling the consideration urged against its adoption. (c)(1) The agency shall transmit the notice provided for in subsection (b) of this Code section to the legislative counsel. The notice shall be transmitted at least 30 days prior to the date of the agencys intended action. Within three days after receipt of the notice, if possible, the legislative counsel shall furnish the presiding officers of each house with a copy of the notice and the presiding officers shall assign the notice for review to the chairperson of the appropriate standing committee in each house and any member thereof who makes a standing written request. In the event a presiding officer is unavailable for the purpose of making the assignment within the time limitations, the legislative counsel shall assign the notice to the chairperson of the appropriate standing committee. The legislative counsel shall also transmit within the time limitations provided in this subsection a notice of the assignment to the chairperson of the appropriate standing committee. Each standing committee of the Senate and the House of Representatives to which a proposed rule is assigned pursuant to this subsection and each member of such standing committee are granted all rights provided for interested persons and governmental subdivisions in paragraph (5) of subsection (b) of this Code section. (2) In the event that a standing committee to which a notice is assigned as provided in paragraph (1) of this subsection files an objection to a proposed rule prior to its adoption, it shall be the duty of the chairperson of such standing committee to conduct a meeting of such committee within 20 days of the date such objection is filed for the purpose of receiving the comments of the public and the agency concerning the legality of, the necessity for, the impact of, and the appropriateness of such proposed rule. It shall be the duty of the agency head or a representative thereof to attend such standing committee meeting and respond to questions concerning such proposed rule. All comments and testimony given at such meeting and any recommendations of the committee shall be reduced to writing and a copy thereof shall be furnished to the agency and made a part of the record in the proceeding for the adoption of such rule. If the committee that filed the objection is then satisfied that the proposed rule is appropriate or needs some alteration to make it appropriate, the committee may thereupon withdraw or modify the objection, in writing, and shall file a copy of such withdrawal or modification of the objection with the agency. If the objection is not withdrawn and the agency adopts the proposed rule over the objections, the rule may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of any agency which adopts a proposed rule over such objection to notify the presiding officers of the Senate and the House of Representatives, the

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chairpersons of the Senate and House committees to which the rule was referred, and the legislative counsel within ten days after the adoption of the rule. In the event the resolution is adopted by one such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by twothirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of his or her veto, the rule shall remain in effect. In the event of his or her approval, the rule shall be void on the day after the date of his or her approval. (3) In the event that a proposed rule assigned to a standing committee pursuant to paragraph (1) of subsection (c) of this Code section has a projected economic impact of $1 million or more on small businesses, as determined by the cost-benefit analysis, it shall be the duty of the chairperson of such standing committee to conduct a meeting of the committee within 20 days of the date such rule is assigned to the committee for the purpose of receiving the comments of the public and the agency concerning the legality of, the necessity for, the impact of, and the appropriateness of such proposed rule. It shall be the duty of the agency head or a representative thereof to attend such standing committee meeting and respond to questions concerning such proposed rule. All comments and testimony given at such meeting and any recommendations of the committee shall be reduced to writing and a copy thereof shall be furnished to the agency and made a part of the record in the proceeding for the adoption of such rule. (d)(1) Prior to giving the notice required by subsection (b) of this Code section, the agency shall complete or compile a cost-benefit analysis of any proposed rule that may have an adverse impact on small businesses. Such cost-benefit analysis shall be a public record and shall be made available for public inspection and copying in the same manner as other public records of the agency. (2) In the promulgation and adoption of any rule, each agency shall seek alternatives that will legally and feasibly meet the stated objectives of the statutes and that will be less expensive to individuals and businesses, will produce more flexibility in compliance and enforcements, and will provide better notice to and understanding by the affected individuals and businesses of the reasons for and manner of enforcement of the rule or amendment. An agency shall choose an alternative that does not impose excessive regulatory costs on any regulated person or entity which costs could be reduced by a less expensive alternative that fully accomplishes the stated objectives of the statutes which are the basis of the proposed rule. Agencies shall consider alternatives such as the following:
(A) Establish differing compliance or reporting requirements or timetables for

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small businesses; (B) Clarify, consolidate, or simplify the compliance and reporting requirements under the rule for small businesses; (C) Establish performance rather than design standards for small businesses; or (D) Exempt small businesses from any or all requirements of the rules. (3) During the formulation or drafting of any proposed substantive rule or substantive amendment, the agency shall ensure that small businesses have been given the opportunity to participate in the rulemaking process for the rule through the reasonable use of techniques such as: (A) The publication of a general notice of proposed rule making in publications likely to be obtained by small businesses; (B) Direct notification of interested small businesses; (C) Open conferences or public hearings concerning the rule for small businesses, including soliciting and receiving comments over computer networks; (D) Appoint an advisory committee composed of representatives of people, businesses, and interests that might be affected by the proposed rule; and (E) Consult with a representative sampling of individuals and representatives of businesses and small businesses that might be affected by the proposed rule. (e)(1)(A) If any agency finds that an imminent peril to the public health, safety, or welfare, including, but not limited to, summary processes such as quarantines, contrabands, seizures, and the like authorized by law without notice, requires adoption of a rule upon fewer than 30 days notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable to adopt an emergency rule. (B) Any such rule adopted relative to a public health emergency shall be submitted as promptly as reasonably practicable to the House of Representatives and Senate Committees on Judiciary. The rule may be effective for a period of not longer than 120 days but the adoption of an identical rule under this Code section is not precluded; provided, however, that such a rule adopted pursuant to discharge of responsibility under an executive order declaring a state of emergency or disaster exists as a result of a public health emergency, as defined in Code Section 38-3-3, shall be effective for the duration of the emergency or disaster and for a period of not more than 120 days thereafter. (2)(A) Subsections (a) through (d) of this Code section shall not apply to environmental protection programs delegated by the federal government to the Environmental Protection Division of the Department of Natural Resources, but paragraph (2) of this subsection shall apply to the Environmental Protection Division of the Department of Natural Resources. Notwithstanding such provision, federally mandated rules are subject to the federal Regulatory Flexibility Act as amended by the federal Small Business Regulatory and Enforcement Fairness Act of 1996. Any federally mandated rules that do not comply with these Acts shall be subject to subsection (d) of this Code section. However, subsections (a) through (d) of this Code section shall apply to environmental programs that are not federally

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delegated. (B) The provisions of subsection (c) of this Code section shall apply to any rule of the Department of Human Resources that is promulgated pursuant to Code Section 31-2-7 or 31-45-10, except that the presiding officer of the Senate is directed to assign the notice of such a rule to the chairperson of the Senate Science and Technology Committee and the presiding officer of the House of Representatives is directed to assign the notice of such a rule to the chairperson of the House Committee on Industrial Relations. As used in this subparagraph, the term 'rule' shall have the same meaning as provided in paragraph (6) of Code Section 50-13-2 and shall include interpretive rules and general statements of policy, notwithstanding any provision of subsection (a) of this Code section to the contrary. (f)(1) No rule adopted after April 3, 1978, shall be valid unless adopted in exact compliance with subsections (b) and (c) of this Code section and in substantial compliance with the remainder of this Code section. (2) A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this Code section must be commenced within two years from the effective date of the rule. (3) For any rule subject to this Code section, a small business that is adversely affected or aggrieved by final agency action is entitled to judicial review of agency compliance with the requirements of this section."
SECTION 5. Said chapter is further amended by adding a new Code Section 50-13-4.1 following Code Section 50-13-4 to read as follows:
"50-13-4.1. (a) At least once in each four-year period, beginning with the four-year period commencing on January 1, 2003, each agency shall review all of its rules to determine whether any existing rule is no longer necessary, is obsolete, or seeks to accomplish a result that could be accomplished in a more efficient, less burdensome, or less costly manner. After conducting such review, each agency shall prepare a written report summarizing its findings, its supporting reasons, and any proposed course of action. For each rule, the report must include a concise statement of:
(1) The rules effectiveness in achieving its objectives, including a summary of any available data supporting the conclusions reached; (2) Criticisms of the rule received during the four-year period immediately preceding the date of the report, including a summary of any petitions or requests for waiver of or exceptions to the rule tendered to the agency or granted by the agency; and (3) Alternative solutions to the criticisms and the reasons they were rejected or the changes made in the rule in response to those criticisms and the reasons for the changes. (b) A copy of the report shall be sent to the Governor, the Secretary of State, the President of the Senate, the Secretary of the Senate, the Speaker of the House of Representatives, the Clerk of the House of Representatives, and the legislative counsel.

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The agency, the Secretary of State, the Secretary of the Senate, and the Clerk of the House of Representatives shall make copies of the report available for public inspection and copying. (c) It shall be the duty of the President of the Senate and the Speaker of the House of Representatives to assign each such report to one or more standing committees of the Senate and House of Representatives for review and comment. The chairpersons of the committees to which any such report is assigned shall call a joint meeting or meetings of the committees to review such report and make suggestions to the agency and to the General Assembly concerning any changes in the rules or the statutes that the committees feel are appropriate."

SECTION 6. Said chapter is further amended by striking paragraph (4) of subsection (a) of Code Section 50-13-13, relating to opportunity for hearings in contested cases, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. It shall be the duty of every agency to provide reasonable assistance and education concerning the requirements of the laws of this state and the rules of the agency to any person or entity in order to achieve compliance with such laws and rules before commencing any contested case. A contested case shall be undertaken only after a reasonable attempt to achieve compliance with the laws and rules has failed to achieve such compliance;"
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 29, 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:

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

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

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

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

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

N 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 42, nays 12.

SB 361, having received the requisite constitutional majority, was passed by substitute.

SB 438. By Senators Johnson of the 1st, Lee of the 29th, Shafer of the 48th, Smith of the 52nd and Williams of the 19th:

A BILL to be entitled an Act to amend Code Section 32-2-20, relating to the composition and operations of the State Transportation Board, so as to provide that voting in caucuses to elect members of the State Transportation Board shall be by roll-call vote, show of hands, or some other open voting method; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

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Y Fort N Gillis Y Golden Y Hall Y Hamrick

Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Tolleson Y Unterman Y Williams N Zamarripa

On the passage of the bill, the yeas were 43, nays 10.

SB 438, having received the requisite constitutional majority, was passed.

HB 645. By Representatives Benfield of the 56th, Post 1, Ehrhart of the 28th, Graves of the 106th, Chambers of the 53rd, Moraitakis of the 42nd, Post 4 and others:

A BILL to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to redefine the term "malt beverage"; and for other purposes.

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

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

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

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

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

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

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On the passage of the bill, the yeas were 37, nays 7.
HB 645, having received the requisite constitutional majority, was passed.
Senator Balfour of the 9th moved that the Senate adjourn until 9:00 a.m., Friday, February 06, 2004.
The motion prevailed, and the President announced the Senate adjourned at 12:53 p.m.

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Senate Chamber, Atlanta, Georgia Friday, February 6, 2004
Thirteenth 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 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 229.

By Representatives Oliver of the 56th, Post 2, Willard of the 40th, Benfield of the 56th, Post 1, Bordeaux of the 125th and Campbell of the 39th:

A BILL to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to rewrite said title; to provide for definitions; to provide for the appointment, powers, duties, termination, resignation, removal, bond, annual returns and status reports, compensation, modification, and all matters relative to guardians; to amend Titles 15,16,24,30,31, and 53 of the Official Code of Georgia Annotated; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50; and for other purposes.

HB 239. By Representatives Lunsford of the 85th, Post 2, Westmoreland of the 86th, Campbell of the 39th, Keen of the 146th and Maddox of the 59th, Post 2:

A BILL to amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to inmate records and earned time allowances in county correctional facilities, so as to change provisions relating to earned time

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allowances; to increase the maximum amount of earned time which may be awarded when an inmate does work on an authorized work detail; and for other purposes.
HB 1083. By Representatives Ray of the 108th, James of the 114th and Jenkins of the 93rd:
A BILL to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to prohibit the permitting of certain disposal facilities and solid waste handling facilities; and for other purposes.
HB 1113. By Representatives Mitchell of the 61st, Post 3, Jenkins of the 93rd, Bordeaux of the 125th, Porter of the 119th and Mobley of the 58th:
A BILL to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding uniform rules of the road, so as to prohibit the use of traffic-control device preemption emitters or similar devices by any person other than law enforcement, fire department, or emergency personnel; and for other purposes.
HB 1159. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st:
A BILL 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 and retention of license by the department, so as to change certain provisions relating to conviction notification requirements; and for other purposes.
HB 1291. By Representatives Teilhet of the 34th, Post 2, Richardson of the 26th, Wix of the 33rd, Post 1, Wilkinson of the 41st, Stoner of the 34th, Post 1 and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges and associate judges of the state court; and for other purposes.

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

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391

By Senators Adelman of the 42nd, Henson of the 41st and Levetan of the 40th:
A RESOLUTION commending the Marist High School War Eagles football team; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:
SB 483. By Senators Kemp of the 46th and Zamarripa of the 36th:
A BILL to be entitled an Act 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 provide for certain buffers along the banks of all state waters; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 484. By Senators Hamrick of the 30th, Johnson of the 1st, Stephens of the 51st, Clay of the 37th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to witnesses generally, so as to repeal the prohibition on the impeachment of criminal defendants by general bad character evidence or prior convictions unless the defendant first places his or her character in issue; to provide for the impeachment of witnesses through evidence of character; to provide for method of impeachment through evidence of character; to provide limitations on such impeachment; to provide for the impeachment of witnesses through evidence of conviction of a crime; to provide for limitations on such impeachment by evidence of conviction of a crime; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 485. By Senators Hall of the 22nd and Cheeks of the 23rd:
A BILL to be entitled an Act to amend Code Section 20-15-3 of the Official Code of Georgia Annotated, relating to establishment of the Georgia Medical Center Authority, appointment of members, terms of office, vacancies, removal from office, compensation, existence of the authority, and accountability of

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members, so as to provide for administrative assignment; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.

SB 486. By Senators Seabaugh of the 28th, Hudgens of the 47th and Balfour of the 9th:
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 the State Personnel Board shall establish and administer a special pay plan qualified under Section 401(a) of the federal Internal Revenue Code; to define certain terms; to provide for participation; to provide for limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

SB 487. By Senators Hudgens of the 47th, Kemp of the 46th, Hall of the 22nd, Meyer von Bremen of the 12th and Lee of the 29th:
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 regarding penal institutions, so as to change certain provisions relating to the home arrest program; to authorize additional types of supervision; to authorize home arrest for pretrial arrestees; to change the qualifications for home arrest programs; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 488. By Senators Tanksley of the 32nd, Shafer of the 48th, Adelman of the 42nd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973," so as to revise and modernize the chapter; to provide for stronger investor protections; to provide for variable annuities and viatical investments; to provide for specific jurisdictional provisions; to conform the chapter with applicable federal laws including the Uniform Securities Act of 2002, the National Securities Markets Improvement Act of 1996, the Securities Litigation Uniform Standards Act of 1998, and the Sarbanes-Oxley Act of 2002; to provide for registration and exemptions; to

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393

provide for the authority for criminal history review; to provide for dealer financial statements; to change civil penalties; to increase criminal penalties to $5 million;
Referred to the Banking and Financial Institutions Committee.

SB 490. By Senators Unterman of the 45th, Mullis of the 53rd, Reed of the 35th and Bulloch of the 11th:
A BILL to be entitled an Act to amend Chapter 70 of Title 36 of the O.C.G.A., relating to coordinated and comprehensive planning and service delivery by counties and municipalities, so as to provide definitions; to provide for legislative intent; to provide for periodic reviews and amendments to service delivery strategies; to provide for the documentation of such reviews; to provide for verification of such strategies by the Department of Community Affairs; to provide for midpoint reviews under certain circumstances; to provide the mechanism for initiating reviews; to provide for the required components and criteria of such strategies; to provide for the approval of such strategies by the department; to provide dispute resolution procedures; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

SB 491. By Senators Williams of the 19th, Collins of the 6th, Tate of the 38th, Levetan of the 40th and Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 48-7-127 of the Official Code of Georgia Annotated, relating to tax penalties, so as to provide that it shall be illegal for any person knowingly to coerce, induce, 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 certain violations; to provide for related matters; to provide an effective date; to provide for repeal; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

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SR 704. By Senators Hall of the 22nd and Cheeks of the 23rd:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Richmond County, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.
The following House legislation was read the first time and referred to committee:
HB 229. By Representatives Oliver of the 56th, Post 2, Willard of the 40th, Benfield of the 56th, Post 1, Bordeaux of the 125th and Campbell of the 39th:
A BILL to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to rewrite said title; to provide for definitions; to provide for the appointment, powers, duties, termination, resignation, removal, bond, annual returns and status reports, compensation, modification, and all matters relative to guardians; to amend Titles 15,16,24,30,31, and 53 of the Official Code of Georgia Annotated; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50; and for other purposes.
Referred to the Judiciary Committee.
HB 239. By Representatives Lunsford of the 85th, Post 2, Westmoreland of the 86th, Campbell of the 39th, Keen of the 146th and Maddox of the 59th, Post 2:
A BILL to amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to inmate records and earned time allowances in county correctional facilities, so as to change provisions relating to earned time allowances; to increase the maximum amount of earned time which may be awarded when an inmate does work on an authorized work detail; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 1083. By Representatives Ray of the 108th, James of the 114th and Jenkins of the 93rd:
A BILL to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to prohibit the permitting of certain disposal facilities

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395

and solid waste handling facilities; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
HB 1113. By Representatives Mitchell of the 61st, Post 3, Jenkins of the 93rd, Bordeaux of the 125th, Porter of the 119th and Mobley of the 58th:
A BILL to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding uniform rules of the road, so as to prohibit the use of traffic-control device preemption emitters or similar devices by any person other than law enforcement, fire department, or emergency personnel; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 1159. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st:
A BILL 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 and retention of license by the department, so as to change certain provisions relating to conviction notification requirements; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 1291. By Representatives Teilhet of the 34th, Post 2, Richardson of the 26th, Wix of the 33rd, Post 1, Wilkinson of the 41st, Stoner of the 34th, Post 1 and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges and associate judges of the state court; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:
Mr. President:
The Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

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396 SB 456

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JOURNAL OF THE SENATE
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 322 Do Pass

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

Mr. President:

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

HB 1176 Do Pass SB 461 Do Pass by substitute

SB 469 SB 470

Do Pass Do Pass

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

Mr. President:

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

HB 914 HB 917

Do Pass Do Pass

Respectfully submitted, Senator Hudgens of the 47th District, Chairman

Mr. President:

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

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HB 20 SB 457

Do Pass Do Pass

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

Mr. President:

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

HB 1021 Do Pass

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

The following legislation was read the second time:

HB 677 SB 403 HB 1118 SB 404

SB 431 SB 444

SB 449 SR 293

SR 299 SR 301

SR 651 SR 652

Senator Stephens of the 51st asked unanimous consent that Senator Lee of the 29th be excused. The consent was granted, and Senator Lee was excused.

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

Senator Crotts of the 17th asked unanimous consent that Senator Tolleson of the 18th be excused. The consent was granted, and Senator Tolleson was excused.

Senator Hill of the 4th asked unanimous consent that Senator Squires of the 5th be excused. The consent was granted, and Senator Squires was excused.

Senator Hooks of the 14th asked unanimous consent that Senator Blitch of the 7th be excused. The consent was granted, and Senator Blitch was excused.

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

Adelman Bowen Brown Bulloch Butler

Hill Hooks Hudgens Jackson Johnson

Seabaugh Seay Smith,F Smith,P Starr

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Cagle Cheeks Crotts Dean Fort Gillis Golden Hall Harp Henson

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

Stephens Stokes Tate Thomas,D Thomas,R Thompson Unterman Williams Zamarripa

Not answering were Senators:

Balfour Clay Harbison (Excused) Squires (Excused) Tolleson (Excused)

Blitch (Excused) Collins Lee (Excused) Tanksley

Brush Hamrick Shafer Thomas, N

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

Memorandum

February 6, 2004

TO: Mr. Frank Eldridge Secretary of the Senate

FR: Senator Charles C. Clay

RE: Roll Call

I was here this morning but missed roll call. Would you please correct this? Please call me if you have any questions. Thank you for your help.

/s/ Chuck Clay

The members pledged allegiance to the flag.

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Senator Fort of the 39th introduced the chaplain of the day, Imam Plemon El-Amin of Dekalb County, Georgia, who offered scripture reading and prayer.
Senator Jackson of the 50th introduced the doctor of the day, Dr. Brenda Garland.
Senators Levetan of the 40th and Hooks of the 14th introduced Honorable Frederick Richard Waitsman, commended by SR 664, adopted previously. Judge Waitsman addressed the Senate briefly.
Senator Unterman of the 45th recognized February 6, 2004 as Go Red for Women Day, commended by SR 670, adopted previously.
The following resolutions were read and adopted:
SR 696. By Senators Hill of the 4th, Thomas of the 54th, Harp of the 16th, Tolleson of the 18th, Hamrick of the 30th and others:
A RESOLUTION commending the Georgia Rural Health Association and recognizing February 10, 2004, as "Rural Health Day" in Georgia; and for other purposes.
SR 697. By Senator Mullis of the 53rd:
A RESOLUTION commending the tourism industry in Georgia and establishing February 4 and 5, 2004, as a time to recognize that "Together, Tourism Works for Georgia"; and for other purposes.
SR 698. By Senators Johnson of the 1st and Collins of the 6th:
A RESOLUTION recognizing and commending the Russell Corporation; and for other purposes.
SR 699. By Senator Dean of the 31st:
A RESOLUTION commending the Murphy-Harpst Childrens Center; and for other purposes.
SR 700. By Senator Dean of the 31st:
A RESOLUTION honoring and recognizing the community of Cedartown on its historic 150th anniversary; and for other purposes.

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SR 701. By Senators Zamarripa of the 36th, Mullis of the 53rd, Bulloch of the 11th and Tolleson of the 18th:
A RESOLUTION welcoming the Chinese Delegation from Wanzhou District, Sichuan Province, China; and for other purposes.
SR 702. By Senator Cheeks of the 23rd:
A RESOLUTION commending Marta Goodson; and for other purposes.
SR 703. By Senator Cheeks of the 23rd:
A RESOLUTION commending Mr. Jerome Jones, recipient of the 2003 "District Director Choice" award for Georgia; and for other purposes.
SR 705. By Senator Starr of the 44th:
A RESOLUTION recognizing and commending the Georgia Association, Family, Career and Community Leaders of America; and for other purposes.
SR 706. By Senators Hudgens of the 47th, Kemp of the 46th, Johnson of the 1st, Seabaugh of the 28th and Meyer von Bremen of the 12th:
A RESOLUTION commending William B. "Billy" Bennett, University of Georgia student athlete; and for other purposes.
SR 707. By Senators Brush of the 24th and Cheeks of the 23rd:
A RESOLUTION commending Valery Dinkins, Harlem Middle School and Columbia County Teacher of the Year; and for other purposes.
SR 708. By Senators Brush of the 24th, Seabaugh of the 28th, Crotts of the 17th and Lee of the 29th:
A RESOLUTION commending Mary Linda Stutes as Cowan Road Elementary School and Spalding County Teacher of the Year; and for other purposes.
SR 709. By Senator Brush of the 24th:
A RESOLUTION recognizing and honoring Kelli Phillips as the Glascock County Consolidated School and Glascock County Teacher of the Year; and for other purposes.

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SR 710. By Senators Brush of the 24th, Lee of the 29th and Crotts of the 17th:
A RESOLUTION recognizing and commending Ms. Pam Chandler for her outstanding contributions to public education in the State of Georgia and on being named the Jackson Elementary and Butts County Teacher of the Year; and for other purposes.
SR 711. By Senators Brush of the 24th and Hudgens of the 47th:
A RESOLUTION commending Ms. Katherine "Kelly" Flanders on her selection as a 2005 Georgia Teacher of the Year semifinalist; and for other purposes.
SR 712. By Senators Brush of the 24th and Cheeks of the 23rd:
A RESOLUTION commending Columbia Countys Evans High School on its designation as a 2004 School of Excellence in Student Achievement; and for other purposes.
SR 713. By Senators Brush of the 24th and Hudgens of the 47th:
A RESOLUTION recognizing and commending Freeman Elementary School on its designation as a 2004 Georgia School of Excellence in Student Achievement; and for other purposes.
SR 714. By Senator Golden of the 8th:
A RESOLUTION commending and congratulating Miss Kaitlin Smith, Miss Valdosta, and recognizing her Fit 4 Life campaign; 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, February 6, 2004 Thirteenth Legislative Day

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

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HB 1021

Bowen of the 13th IRWIN COUNTY

A BILL to amend an Act creating the board of commissioners of Irwin County, so as to change the description of the commissioner districts; and for other purposes.

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

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

Y Adelman Balfour
E Blitch 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
Hamrick

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

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

On the passage of the local legislation, the yeas were 44, nays 1.

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

SENATE RULES CALENDAR FRIDAY, FEBRUARY 6, 2004 THIRTEENTH LEGISLATIVE DAY

SB 356

Greenhouse gas emissions; Carbon Sequestration Registry Act (Substitute)(NR&E-12th)

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403

SB 436

Agricultural Water Conservation Incentive Program; create (AG&CA-19th)

SR 569

Designate; Alan Jackson Highway; Coweta County (TRANS-28th)

SR 626

Designate; George W. Potts Highway; Coweta County (TRANS-28th)

HB 1063

Motorized cart; redefine; amend provisions (TRANS-28th) Westmoreland-86th
Respectfully submitted,

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

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

SB 356. By Senator Meyer von Bremen of the 12th:

A BILL to be entitled an Act to provide for a registry of offsetting reductions in greenhouse gases obtained by carbon sequestration; to provide legislative findings and declarations; to amend Chapter 6 of Title 12 of the O.C.G.A., relating to forest resources and other plant life, so as to enact the Georgia Carbon Sequestration Registry Act; to provide a short title; to define certain terms; to establish the Georgia Carbon Sequestration Registry; to provide for purposes of the registry; to provide for functions; to provide for procedures and protocols; to provide for construction; to provide for voluntary participation; to provide for reporting procedures; to provide for standardized forms and software; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

The Senate Natural Resources and the Environment Committee offered the following substitute to SB 356:

A BILL TO BE ENTITLED AN ACT

To provide for a registry of offsetting reductions in greenhouse gases obtained by carbon sequestration; to provide legislative findings and declarations; to amend Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to enact the "Georgia Carbon Sequestration Registry Act"; to provide a short title; to define certain terms; to establish the Georgia Carbon Sequestration Registry; to provide for purposes of the registry; to provide for functions; to provide for procedures and protocols; to provide for construction; to provide for voluntary

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participation; to provide for reporting procedures; to provide for standardized forms and software; to provide for third-party verification of accuracy of results; to provide for reports to the General Assembly and Governor; to provide for related matters; to provide contingent effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds and declares the following:
(1) It is in the best interest of this state to monitor and encourage voluntary actions to achieve all economically beneficial reductions of "greenhouse gas" emissions, including without limitation carbon dioxide, from Georgia sources; (2) Automobile emissions, primarily carbon dioxide, have been found to be a major contributor to air pollution in the state; (3) Carbon is removed from the air by healthy forests through the process of photosynthesis and is sequestered in trees that grow in this state, and additional carbon can also be sequestered through agricultural practices; (4) This states traditions of leadership in forestry and agriculture can be utilized to monitor and encourage voluntary reductions in atmospheric carbon dioxide through carbon sequestration in trees and agricultural crop management; (5) Such voluntary offsetting of greenhouse gas emissions can be recognized and monitored through the establishment of a registry to provide documentation of offsets voluntarily achieved through carbon sequestration. Such a registry can provide participants an opportunity to register carbon sequestration information in a consistent format using publicly reviewed and adopted procedures and protocols; (6) Markets for sequestered carbon credits are developing around the world, and a secure and reliable means for recording credits and credit transactions is necessary to facilitate the development of these markets in Georgia; (7) The state should use its best efforts to ensure that persons who voluntarily inventory emissions offsets receive appropriate consideration for changes in emissions quantities made prior to the implementation of any mandatory greenhouse gas emissions reductions programs; (8) The state hereby commits to use its best efforts to ensure that participants that register emissions offsets achieved through carbon sequestrations that are certified in accordance with this Act receive appropriate consideration under any future international, federal, or state regulatory scheme relating to greenhouse gas emissions. The state cannot guarantee that any regulatory regime relating to greenhouse gas emissions will recognize the results recorded in the registry; and (9) The state hereby commits to review future international or federal programs related to greenhouse gas emissions and to make reasonable efforts to promote consistency between the state programs and such other programs and to reduce the reporting burden on participants, if changes to the state program are consistent with the goals and intent of this Act.

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SECTION 2. Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, is amended by inserting a new article to read as follows:
"ARTICLE 5
12-6-220. This article shall be known and may be cited as the 'Georgia Carbon Sequestration Registry Act.'
12-6-221. As used in this article, the term:
(1) 'Carbon sequestration results' means the participants applicable data on the removal of carbon dioxide from the atmosphere by sinks resulting from:
(A) Direct human-induced land use change or forestry activities in this state, to the extent consistent with the provisions of Article 3.3 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change; (B) Additional human-induced activities in this state related to removal by sinks in land use change and forestry categories, to the extent consistent with the provisions of Article 3.4 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change; (C) Additional human-induced activities in this state related to removal by sinks in agricultural soils, to the extent consistent with the provisions of Article 3.4 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change; and (D) Such other human-induced activities in this state related to removals by sinks as approved by rule or regulation of the commission. (2) 'Certification' means the determination of whether a given participants carbon sequestration result has met a minimum quality standard and complied with an appropriate set of approved procedures and protocols for submitting carbon sequestration information. (3) 'Commission' means the State Forestry Commission. (4) 'Director' means the director of the State Forestry Commission. (5) 'Forest' means lands that support, or can support, at least 10 percent tree canopy cover and that allow for management of one or more forest resources including but not limited to timber, fish and wildlife, biodiversity, water quality, air quality, soil conservation, recreation, aesthetics, or other benefits. (6) 'Greenhouse gases' means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. (7) 'Native forest' means a forest type, natural or artificially regenerated, composed of any one or more tree species identified as native to this state in G. Norman Bishop, Native Trees of Georgia (Georgia Forestry Commission 2000 revised edition), including without limitation improved stock of such tree species developed through

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breeding programs. (8) 'Participant' or 'registry participant' means a registrant of carbon sequestration results with the Georgia Carbon Sequestration Registry provided for by this article. (9) 'Sink' means an ecosystem or crop or product thereof that absorbs or has absorbed carbon, thereby removing it from the atmosphere and offsetting emissions of carbon dioxide.
12-6-222. The commission shall establish and maintain a Georgia Carbon Sequestration Registry.
12-6-223. The purpose of the Georgia Carbon Sequestration Registry shall be to do all of the following:
(1) Encourage voluntary actions to reduce greenhouse gas emissions; (2) Enable participants to voluntarily record carbon sequestrations made after January 1, 1990, in a consistent format that is certified; (3) Ensure that sources in the state receive appropriate consideration for certified carbon sequestration results under any future federal or international regulatory regime relating to greenhouse gas emissions; (4) Recognize, publicize, and promote participants in the registry; and (5) Recruit broad participation in the process from all economic sectors and regions of the state.
12-6-224. For purposes of the registry, the commission shall:
(1)(A) Adopt rules or regulations providing procedures and protocols for the monitoring, estimating, calculating, reporting, and certification of carbon sequestration results for purposes of participation in the registry. (B) Procedures and protocols relative to forestry activities that are reported as a participants carbon sequestration results under subparagraph (A) of paragraph (1) of Code Section 12-6-221 shall require, at a minimum, that those forestry activities meet the following criteria in order to be reported as any part of a participants carbon sequestration results:
(i) Forestry activities shall be based on forest management practices within a defined project area that meet or exceed Georgias Best Management Practices for Forestry as published by the commission and that are not the subject of any ongoing remediation or penalty pursuant to judicial or administrative judgment or order for violation of any applicable requirements of federal, state, or local land use laws, regulations, or ordinances. Best management practices and federal, state, or local land use laws, regulations, or ordinances shall be those in effect each time a participant registers a defined project area in the registry; (ii) Forestry activities reported as carbon sequestration results shall reflect the amount of time that net carbon gains are stored; and

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(iii) Forestry activities shall maintain and promote native forests. (C) Procedures and protocols relative to sinks in agricultural soils that are reported as a participants carbon sequestration results under subparagraph (C) of paragraph (1) of Code Section 12-6-221 shall be adopted by the commission in accordance with the recommendation of the Commissioner of Agriculture. (D) The commission shall consider the availability and suitability of simplified techniques and tools when adopting procedures and protocols for the certification of carbon sequestration results. (E) The procedures and protocols adopted by the commission shall include a uniform format for reporting carbon sequestration results to facilitate their recognition in any future regulatory regime; (2) Qualify third-party organizations that have the capability to certify reported baseline carbon sequestration results and that are capable of certifying the participantreported results as provided in this article; (3) Maintain a record of all certified carbon sequestration results reported by registry participants. The public shall have access to such record, except for any portion of the data or information that is required to be kept confidential pursuant to Code Section 50-18-72; and (4) Encourage organizations and individuals from various sectors of the states economy, and those from various geographic regions of the state, to report carbon sequestration results.
12-6-225. (a) The procedures and protocols for monitoring, estimating, calculating, reporting, and certifying carbon sequestration results established by, or approved pursuant to, this article shall be the only procedures and protocols recognized by the state for the purposes of the registry as described in Code Section 12-6-223. (b) The commission shall by rule or regulation establish a schedule of fees for participants in the registry, in such amounts as are sufficient to cover the reasonable and necessary costs of operation of the registry.
12-6-226. Procedures and protocols adopted pursuant to subparagraph (B) of paragraph (1) of Code Section 12-6-224 shall not be interpreted or construed as a condition for any lease, permit, license, certificate, or other entitlement for an ongoing use of forest land.
12-6-227. Participation in the registry shall be voluntary, and participants may withdraw at any time.
12-6-228. (a) Participants shall initially report their certified carbon sequestration results for the most recent year for which they have complete data as specified in this article.

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Participants that have complete data for earlier years that can be certified may establish their baseline as any year beginning on or after January 1, 1990. After establishing baseline results, participants shall report their certified carbon sequestration results in each subsequent year in order to show changes with respect to their baseline year. Participants may report carbon sequestration results without establishing a baseline. Certified carbon sequestration results reported to the registry by a participant shall be credited in carbon mass units to an account established for the participant in the registry.
(b)(1) Registry credits for certified carbon sequestration results may be sold, purchased, or otherwise transferred in whole or in part without any regard to or effect on or being affected by ownership of other personal property or any real property, and such credits may be retained in whole or in part without any regard to or effect on or being affected by any sale, purchase, or other transfer of other personal property or any real property. (2) In addition to annual reports submitted pursuant to subsection (a) of this Code section, participants shall report to the registry any sales, purchases, or other transfers of registry credits for certified carbon sequestration results, in whole or in part, within ten days after the completion of such transaction, and participants registry accounts shall be updated to reflect such transfers. (c) The basic unit of participation in the registry shall be a natural person or a legal entity in its entirety such as a corporation or other legally constituted body, a city or county, or a state government agency.
12-6-229. To support the estimation, calculation, reporting, and certification of carbon sequestration results in a consistent format, the commission shall adopt standardized forms that all participants shall use to calculate, report, and certify emissions results, unless an alternative format is:
(1) Reviewed and recommended by the director; and (2) Adopted by the commission and deemed to be consistent with the goals and intent of this article.
12-6-230. (a) Participants registering baseline carbon sequestration results in the registry shall provide certification of their methodologies and results. The commission may, upon recommendation of the director, following a public process, adopt simplified procedures to certify carbon sequestration results as appropriate. Participants shall follow commission-approved procedures and protocols in determining carbon sequestration results and supply the quantity and quality of information necessary to allow an independent ex post certification of the baseline results reported under this program. (b) The commission shall provide a list of approved third-party organizations recognized as competent to certify carbon sequestration results as provided in this

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article. The commission shall reopen the qualification process periodically in order for new organizations to be added to the approved list. (c) Where required for certification, organizations approved pursuant to subsection (b) of this Code section shall do all of the following:
(1) Evaluate whether the participant has a program, consistent with commissionapproved procedures and protocols, in place for preparation and submittal of the information reported under this article; (2) Check, during certification, the reasonableness of the carbon sequestration information being reported for a random sample of estimates or calculations; and (3) Summarize its review in a report to the board of directors, or equivalent governing body, of the participating legal entity or to the participating natural person, attesting to the existence of a program that is consistent with commission-approved procedures and protocols and the reasonableness of the reported carbon sequestration results and noting any exceptions, omissions, limitations, or other qualifications to their representations. (d) In conducting certification for a participant under this program, the approved organization shall schedule any meeting or meetings with the participant with a minimum of one weeks notice at one or more representative locations and allow the participant to control property access. The meetings shall be conducted in accordance with a protocol that is agreed upon in advance by the participant and the approved organization. The approved organization shall not perform property inspection, direct measurement, monitoring, or testing unless authorized by the participant. (e) To ensure the integrity and constant improvement of the registry program, the commission shall perform on a random basis an occasional review and evaluation of participants carbon sequestration reporting, certifications, and the reasonableness of the information being reported for analysis of estimates or calculations. The director shall report any findings in writing. The director shall include a summary of these findings in the biennial report to the Governor and the General Assembly required by Code Section 12-6-231.
12-6-231. Not later than July 1, 2006, and biennially thereafter, the director shall report to the Governor and the General Assembly on the number of participants in the registry, the amounts of carbon sequestered by those participants, and ways to make the registry more workable for participants that are consistent with the goals and intent of this article.
12-6-232. The commission shall do all of the following:
(1) Develop a process for qualifying third-party organizations recognized by the state as competent to certify the carbon sequestration results of the types of natural persons or legal entities that may choose to participate in this registry, by doing all of the following:

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(A) Developing a list of the minimum technical and organizational capabilities and other qualification standards that approved third-party organizations shall meet. Those qualifications shall include the ability to sign an opinion letter, for which they may be held financially at risk, and certifying the participant-reported carbon sequestration results as provided in this article. Such capabilities and standards for third-party organizations related to certification of carbon sequestration results achieved by sinks in agricultural soils under subparagraph (C) of paragraph (1) of Code Section 12-6-221 shall be adopted by the commission in accordance with the recommendation of the Commissioner of Agriculture; (B) Publicizing an applications process or otherwise encouraging interested organizations to submit their qualifications for review; (C) Evaluating applicant organizations according to the list of qualifications described in subparagraph (A) of this paragraph; (D) Determining specific third-party organizations as qualified to certify participants actual carbon sequestration results in accordance with this article; and (E) Periodically updating the list of approved third-party organizations by doing any of the following:
(i) Reviewing the capabilities of approved organizations; (ii) Reviewing applications of organizations seeking to become approved; and (iii) Determining specific organizations to be added to the approved list and specific organizations no longer qualified to perform the duties of this article; (2) Occasionally, and on a random basis, provide for commission employees to accompany third-party organizations on scheduled visits to observe and evaluate, during any certification visit, both the following: (A) Whether the participant has a program, consistent with commission-approved procedures and protocols, in place for the preparation and submittal of the information required under this article; and (B) The reasonableness of the carbon sequestration information being reported for a sample of estimates or calculations; and (3) Review future international or federal programs related to greenhouse gas emissions and make reasonable efforts to promote consistency between the state program and these programs and to reduce the reporting burden on participants."
SECTION 3. This Act shall become effective only upon the specific appropriation of funds for purposes of this Act as expressed in a line item of an appropriations Act enacted by the General Assembly as follows:
(1) This Act shall become effective for purposes of promulgating rules and regulations on the effective date of such appropriation; and (2) This Act shall become effective for all other purposes one year thereafter.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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On the adoption of the substitute, the yeas were 45, 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 E 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 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 E Lee Y Levetan
Me V Bremen Y Moody Y Mullis N Price
Reed Y Seabaugh

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

On the passage of the bill, the yeas were 45, nays 2.

SB 356, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334
February 6, 2004
The Honorable Frank Eldridge Secretary of the Senate

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353 State Capitol Atlanta, Georgia 30334
Re: Senate Bill 356
Dear Secretary Eldridge:
I inadvertently pressed the "RTS" button on the above referenced as a "yes" vote. Obviously as author of the bill, my vote is yes, and I request that the Journal and registry reflect a "yes" vote.
Please call if you have any questions.
With kindest personal regards, I am
Sincerely,
/s/ Michael S. Meyer von Bremen
Senators Zamarripa of the 36th and Mullis of the 53rd recognized representatives of the Sumaq Alliance from Latin America and Europe including, Sumaq Alliance President Jamie Alonso Gomez and Dean Egade of Tec de Monterrey.
The Calendar was resumed.
Senator Eric Johnson, President Pro Tempore, assumed the Chair.
SB 436. By Senators Williams of the 19th and Hill of the 4th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to create the Agricultural Water Conservation Incentive Program; to provide for a purpose and participation; to provide for priorities; to provide a noninclusive list of projects acceptable for assistance; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator Bulloch of the 11th offered the following amendment:
Amend SB 436 by inserting after "To" on line 1 of page 1 the following: "provide for farm water conservation and records of measures of farm water use; to".
By inserting after "assistance;" on line 4 of page 1 the following: "to amend Title 50 of the Official Code of Georgia Annotated, relating to state

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government, so as to change certain provisions relating to when public disclosure of records is not required and disclosure of exempting authority;".

By inserting after Section 1 the following:

"SECTION 1A. Title 50 of the Official Code of Georgia Annotated, relating to state government, is 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;'".

Senator Henson of the 41st requested a ruling of the Chair as to the germaneness of the amendment.

The President Pro Tempore ruled the amendment germane.

On the adoption of the amendment, Senator Thompson of the 33rd, called for the yeas and nays; the call was sustained, and the vote was as follows:

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

Y Harbison Y Harp N Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson (PRS) Y Kemp,B Y Kemp,R N Lamutt E Lee N Levetan Y Me V Bremen N 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 N Stokes N Tanksley N Tate Y Thomas,D Y Thomas,N N Thomas,R N Thompson E Tolleson Y Unterman Y Williams Y Zamarripa

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On the adoption of the amendment, the yeas were 36, nays 14, and the Bulloch 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
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 E Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

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

On the passage of the bill, the yeas were 51, nays 1.

SB 436, having received the requisite constitutional majority, was passed as amended.

Senator Mullis of the 53rd asked unanimous consent that Senator Hamrick of the 30th be excused. The consent was granted, and Senator Hamrick was excused.

SR 569. By Senators Seabaugh of the 28th, Lee of the 29th and Hamrick of the 30th:
A RESOLUTION designating the Alan Jackson Highway; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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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
Bulloch Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall E 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 E 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 Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson E Tolleson Y Unterman Williams Y Zamarripa

On the adoption of the resolution, the yeas were 45, nays 0.

SR 569, having received the requisite constitutional majority, was adopted.

SR 626. By Senators Seabaugh of the 28th and Hamrick of the 30th:

A RESOLUTION honoring George William Potts and designating the George W. Potts Highway; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown
Brush Bulloch

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

Y Seay Y Shafer
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 E Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

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

On the adoption of the resolution, the yeas were 47, nays 0.

SR 626, having received the requisite constitutional majority, was adopted.

HB 1063. By Representatives Westmoreland of the 86th, Lunsford of the 85th, Post 2 and Yates of the 85th, Post 1:

A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of motorized cart; to exempt persons from driver's license requirements when operating motorized carts under certain circumstances; to change certain provisions relating to authority of local bodies regarding motorized carts and crossing of streets under jurisdiction of the Department of Transportation; and for other purposes.

Senate Sponsor: Senator Seabaugh of the 28th.

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

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

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

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson (PRS)

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

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417

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 E Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

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

On the passage of the bill, the yeas were 49, nays 1.

HB 1063, having received the requisite constitutional majority, was passed.

Senator Stephens of the 51st moved that the Senate stand adjourned pursuant to HR 944, until 1:00 p.m., Monday, February 09, 2004; the motion prevailed, and at 11:04 a.m., Senator Eric Johnson, President Pro Tempore, announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Monday, February 9, 2004 Fourteenth Legislative Day

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

Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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

Mr. President:

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

HB 340.

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 Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to repeal certain provisions relating to a passenger motor vehicle for the warden of Georgia State Prison to be furnished by the Department of Public Safety; and for other purposes.

HB 618.

By Representatives Porter of the 119th, Orrock of the 51st, Randall of the 107th, Skipper of the 116th, Lucas of the 105th and others:

A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to create the Magistrates Retirement Fund; and for other purposes.

HB 794. By Representative Royal of the 140th:

A BILL to amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to change certain provisions regarding the function of the Georgia Commission on Interstate

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Cooperation; to change certain provisions regarding the status of the Council of State Governments; and for other purposes.
HB 1316. By Representatives Buck of the 112th, Buckner of the 109th, Hugley of the 113th, Smith of the 110th and Smyre of the 111th:
A BILL to amend an Act creating the Muscogee County School District, so as to change the maximum amount for which the superintendent of the board of education may make public works construction contracts; to change the maximum amount which may be expended for a public works construction contract without affording free competition; and for other purposes.
The House has adopted by the requisite constitutional majority the following Resolution of the House:
HR 1195. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A RESOLUTION recognizing the Georgia Association Family, Career and Community Leaders of America and "FCCLA Week in Georgia"; and for other purposes.

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

SB 489. By Senators Mullis of the 53rd, Williams of the 19th, Smith of the 52nd and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, overtaking and passing, and following too closely, so as to amend the definition of the term "truck"; to provide that buses and motorcoaches being operated on multilane highways shall operate only in certain lanes; to provide an exception for buses and motorcoaches moving to and from HOV lanes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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SB 492. By Senators Starr of the 44th, Gillis of the 20th, Cagle of the 49th and Thompson of the 33rd:
A BILL to be entitled an Act to amend Code Section 16-12-53 of the Official Code of Georgia Annotated, relating to bingo licensing procedure, fee, and renewal, so as to provide that the members of one or more auxiliaries of a licensed bingo operator may assist the operation of bingo games; to provide that members of the licensed organization may assist in the bingo games of its auxiliaries; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development and Tourism Committee.

SB 493. By Senators Kemp of the 3rd and Johnson of the 1st:
A BILL to be entitled an Act to provide for the filling of vacancies on the Liberty County Hospital Authority; to provide for the manner of nomination and appointment of persons to fill unexpired or full terms; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 494. By Senators Starr of the 44th, Clay of the 37th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Code Section 45-15-70 of the Official Code of Georgia Annotated, relating to provision of counsel for state officials and agencies, so as to provide that under certain circumstances when an action is brought against a state official or agency by or on behalf of the Attorney General, the Governor shall provide counsel for such official or agency; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.

SB 495. By Senators Starr of the 44th, Johnson of the 1st, Meyer von Bremen of the 12th and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimum Wage Law," so as to preempt certain wage and employment benefit mandates by local government entities; to provide exceptions; to define certain terms; to provide legislative

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findings and declarations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 496. By Senators Hill of the 4th, Harp of the 16th, Harbison of the 15th and Crotts of the 17th:
A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the adjutant general and other executives, so as to provide that the adjutant general may appoint officers of the organized militia as deputy assistant adjutants general; to provide that such deputy adjutant generals shall be of field rank or general officer rank; to repeal conflicting laws; and for other purposes.
Referred to the Veterans and Military Affairs Committee.
SB 497. By Senators Reed of the 35th, Tanksley of the 32nd, Zamarripa of the 36th, Price of the 56th, Thomas of the 10th and others:
A BILL to repeal 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, approved April 4, 1996 (Ga. L. 1996, p. 627), as amended; to abolish such courts created pursuant to such Act; to provide for the transfer of cases and matters pending in such courts on the effective date of this Act; to provide for the transfer of records, books, minutes, files, and documents; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 498. By Senators Reed of the 35th, Tanksley of the 32nd, Zamarripa of the 36th, Price of the 56th, Thomas of the 10th and others:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, so as to change the provisions relating to the jurisdiction of the municipal court; to delete references in the charter to the City Court of Atlanta; to change the provisions relating to the victims and witnesses assistance program and the operation thereof; to provide for appointments by the mayor as a result of court consolidation and the procedures related thereto; to repeal an Act amending the Act providing a new charter for the City of Atlanta by providing for additional penalties for victims and witnesses assistance programs, approved June 4, 2003

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(Ga. L. 2003, p. 4721); to provide an effective date; to provide for repeal of this Act under certain conditions; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 499. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Catoosa County, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended particularly by an Act approved June 4, 2003 (Ga. L. 2003, p. 4682), so as to provide for the election of members of the board in partisan elections; to provide for related matters; to provide for submission for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for a nonbinding advisory referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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

HB 340. 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 Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to repeal certain provisions relating to a passenger motor vehicle for the warden of Georgia State Prison to be furnished by the Department of Public Safety; and for other purposes.
Referred to the State Institutions and Property Committee.

HB 618. By Representatives Porter of the 119th, Orrock of the 51st, Randall of the 107th, Skipper of the 116th, Lucas of the 105th and others:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to create the Magistrates Retirement Fund; and for other purposes.
Referred to the Retirement Committee.

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HB 794. By Representative Royal of the 140th:

A BILL to amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to change certain provisions regarding the function of the Georgia Commission on Interstate Cooperation; to change certain provisions regarding the status of the Council of State Governments; and for other purposes.

Referred to the Rules Committee.

HB 1316. By Representatives Buck of the 112th, Buckner of the 109th, Hugley of the 113th, Smith of the 110th and Smyre of the 111th:

A BILL to amend an Act creating the Muscogee County School District, so as to change the maximum amount for which the superintendent of the board of education may make public works construction contracts; to change the maximum amount which may be expended for a public works construction contract without affording free competition; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee report was read by the Secretary:

Mr. President:

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

SB 418

Do Pass by substitute Respectfully submitted, Senator Tanksley of the 32nd District, Chairman

The following legislation was read the second time:

HB 20 HB 322

HB 914 HB 917

HB 1176 SB 456

SB 457 SB 461

SB 469

SB 470

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.

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.

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

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

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

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

Not answering were Senators:

Blitch Lamutt Thomas, N

Dean Reed Thompson (Excused)

Kemp, R (Excused) Stephens

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

Senators:

Blitch Stephens

Reed Thomas, N

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334
Secretary of the Senate:
Please have the Senate roll call for Monday, February 9th, 2004 reflect that I was present. My "yes" vote did not register on the board.

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Thank you for your attention to this matter.
Kind regards,
/s/ Kasim Reed
The members pledged allegiance to the flag.
Senator Harp of the 16th introduced the chaplain of the day, Chaplain Steve Croft of Columbus, Georgia, who offered scripture reading and prayer.
The President recognized members of the FCCLA, commended by SR 705, adopted previously. State President Catie Gearhart addressed the Senate briefly.
Senator Stephens of the 51st introduced the doctor of the day, Dr. Gary W. Hunt.
The following resolutions were read and adopted:
SR 715. By Senators Gillis of the 20th, Tolleson of the 18th, Dean of the 31st, Starr of the 44th, Hooks of the 14th and others:
A RESOLUTION recognizing the Georgia Forestry Association and February 10, 2004, as "Forestry Day at the Capitol"; and for other purposes.
SR 716. By Senators Meyer von Bremen of the 12th, Hooks of the 14th and Bowen of the 13th:
A RESOLUTION recognizing February 18, 2004, as Albany-Dougherty County Day at the state capitol; and for other purposes.
SR 717. By Senators Meyer von Bremen of the 12th, Brown of the 26th, Harp of the 16th and Harbison of the 15th:
A RESOLUTION commending the Georgia Optometric Association on its 100th anniversary; and for other purposes.
SR 723. By Senator Crotts of the 17th:
A RESOLUTION recognizing the Rockdale County Parks and Recreation Department; and for other purposes.

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HR 1195. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:

A RESOLUTION recognizing the Georgia Association, Family, Career and Community Leaders of America and "FCCLA Week in Georgia"; and for other purposes.

Senator Crotts of the 17th recognized the Rockdale County Parks and Recreation Department, commended by SR 723, adopted previously.

SENATE RULES CALENDAR MONDAY, FEBRUARY 9, 2004 FOURTEENTH LEGISLATIVE DAY

HB 709

Local sales taxes; limitation; certain exclusions (Substitute)(FIN-35th) Ashe-42nd

HB 1207

Supplemental appropriations; revenue shortfall and mid-year adjustment reserve (APPROP-4th) Coleman-118th

SB 403

Georgia Self-Service Storage Facility Act; change certain definitions (RI&Util-23rd)

SB 404

Motor Vehicles; abandoned; liens; specify the conditions (TRANS-23rd)

SB 431

Annual reports, budgets, audits; available to General Assembly; notification (SLGO(G)-46th)

SR 293

Designate; Billy Jiles Memorial Highway; Carroll County (TRANS-30th)

SR 299

Designate; Michael B. Mundy Memorial Bridge; Pickens County (TRANS-51st)

SR 301

Designate; John D. Smith Highway; Paulding County (TRANS-31st)

Respectfully submitted,

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

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

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HB 709. By Representatives Ashe of the 42nd, Post 2, Holmes of the 48th, Post 1, McClinton of the 59th, Post 1 and Smyre of the 111th:
A BILL to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations and restrictions on certain local taxes, so as to provide that certain taxes shall be excluded in computing the limitation on the total amount of local sales and use taxes which may be levied; to provide certain exemptions from certain local sales and use taxes; and for other purposes.
Senate Sponsor: Senator Reed of the 35th.
The Senate Finance Committee offered the following substitute to HB 709:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding limitations with respect to local sales and use taxes; to provide for certain exemptions; to change certain provisions regarding the joint county and municipal sales and use tax and provide for an optional rate increase to 2 percent with respect to imposition by certain 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 provide for the levy and collection of a court ordered storm-water and waste-water systems capital outlay or repair projects sales and use tax; to provide for definitions; to provide for the rate and manner of imposition of such tax; to provide for applicability to certain sales; to provide for powers, duties, and authority of municipal governing authorities with respect to such tax; to provide for powers, duties, and authority of the state revenue commissioner with respect to such tax; to provide for collection and administration of such tax; to provide for returns; to provide for distribution and expenditure of proceeds; to provide for a method for discontinuation of such tax; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is 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 the following:
"(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

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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; (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)(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)(D) is in effect. A sales and use tax levied under Article 4 of this chapter; and (3) In the event of a rate increase imposed 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. 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)(D) of Code Section 48-8111 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 2. Said chapter 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 in which consolidated government homestead property (exclusive of improvements) is valued for purposes of local ad valorem taxation according to a base year assessed value which does not change so long as the property is actually occupied by the same owner as a homestead, the provisions of this Code section shall control over any conflicting provisions of Article 1 of this chapter or

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this article. (b) If the tax authorized by this article is in effect in the special district containing a consolidated government referred to in subsection (a) of this Code section, 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 within __________ 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 within the special district within ___________ County 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. (f) If the tax authorized by this article is to be newly imposed in the special district containing a consolidated government referred to in subsection (a) of this Code section, 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:

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'( ) YES ( ) NO

Shall a retail sales and use tax of 2 percent be levied within the special district within __________ County?'

(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 within the special district within __________ County 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 for 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. (i) In all respects not otherwise provided for in this Code section, the levy of a tax under this article by a consolidated government referred to in subsection (a) of this Code section shall be in the same manner as the levy of the tax by any other county."

SECTION 3. Said chapter is further amended by adding a new article at the end thereof, to be designated Article 4, to read as follows:

"ARTICLE 4 48-8-200. As used in this article, the term:
(1) 'Building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (2) 'Court ordered storm-water and waste-water systems capital outlay or repair projects' means only those storm-water and waste-water systems capital outlay or repair projects which are undertaken to comply with a final judgment of a federal district court or a federal district court consent decree. (3) 'Municipality' includes, without limitation, any consolidated government created by the consolidation of a county and one or more municipalities.

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48-8-201. (a) The governing authority of any municipality in this state may, subject to the requirement of referendum approval and the other requirements of this article, impose within the municipality a special sales and use tax for a limited period of time for the purpose of funding court ordered storm-water and waste-water systems capital outlay or repair projects. Any tax imposed under this article shall be at the rate of 1 percent. (b) Except as otherwise provided in this article, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3. (c) A tax imposed under this article shall not apply to the sale of motor vehicles.
48-8-202. (a) A municipal governing authority voting to impose the tax authorized by this article shall notify the municipal election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the municipal governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify the following:
(1) The maximum period of time of the tax, to be stated in calendar years or calendar quarters and not to exceed five years; (2) The maximum cost of the project or projects which will be funded from the proceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax; and (3) If general obligation debt is to be issued in conjunction with the imposition of the tax, as authorized by this article, the principal amount of the debt to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt. (b) Upon receipt of the resolution or ordinance, the municipal election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the municipality. The municipal election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the legal organ of the county in which the majority of the municipal population resides or in a newspaper having general circulation in the municipality at least equal to that of the legal organ. If general obligation debt is to be issued in conjunction with the imposition of the tax, the notice published by the municipal election superintendent shall also include, in such form as may be specified by the municipal governing authority, the principal amount of the debt, the rate or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during

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the life of the debt; and such publication of notice by the municipal election superintendent shall take the place of the notice otherwise required by Code Section 3680-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required.
(c)(1) The ballot shall have written or printed thereon the following:

'( ) YES ( ) NO

Shall a special 1 percent sales and use tax be imposed in _________ for a period of time not to exceed _____________ and for the raising of not more than $_____ for the purpose of funding court ordered storm-water and waste-water capital outlay or repair projects?'

(2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following:
'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ in the principal amount of $___________ for the above purpose.' (d) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax, then the tax shall be imposed as provided in this article; otherwise, the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the municipality until after 12 months immediately following the month in which the election was held; provided, however, that if an election date authorized under Code Section 21-2-540 occurs during the twelfth month immediately following the month in which such election was held, the question of imposing the tax may be submitted to the voters of the municipality on such date. The municipal election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The municipal election superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from municipal funds. (e)(1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the municipality; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the municipality may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or

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instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the municipality from the tax authorized by this article. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the municipality; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the municipality.
48-8-203. (a)(1) If the imposition of the tax is approved by referendum, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. (2) With respect to services which are regularly billed on a monthly basis, however, the resolution or ordinance imposing the tax shall become effective with respect to and the tax shall apply to the first regular billing period coinciding with or following the effective date specified in paragraph (1) of this subsection. A certified copy of the ordinance or resolution imposing the tax shall be forwarded to the commissioner so that it will be received within five business days after certification of the election results.
(b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the municipality net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax. (c)(1) No municipality shall impose at any time more than a single 1 percent tax under this article. (2) A municipality in which a tax authorized by this article is in effect may, while the tax is in effect, adopt a resolution or ordinance calling for the reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a referendum may be held for this purpose while the tax is in effect. Proceedings for the reimposition of a tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect; provided, however, that in the event of emergency conditions under which a municipality is unable to conduct a referendum so as to

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continue the tax then in effect without interruption, the commissioner may, if feasible administratively, waive the limitations of subsection (a) of this Code section to the minimum extent necessary so as to permit the reimposition of a tax, if otherwise approved as required under this Code section, without interruption, upon the expiration of the tax then in effect. (3) Following the expiration of a tax under this article, a municipality may initiate proceedings for the reimposition of a tax under this article in the same manner as provided in this article for the initial imposition of such tax.
48-8-204. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the municipality imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayers liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the municipality or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioners agents shall not be liable to any person for collecting any such tax which was not validly imposed. 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 if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50.
48-8-205. Each sales and use tax return remitting sales and use taxes collected under this article shall separately identify the location of each retail establishment at which any of the sales and use taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all sales and use taxes imposed by this article are collected and distributed according to situs of sale.
48-8-206. (a) The proceeds of the tax collected by the commissioner in each municipality under this article shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except as otherwise provided in subsection (b) of this Code section, the remaining proceeds of the tax shall be distributed to the governing authority of the municipality imposing the tax. (b) In the event that a municipality levying a tax under this article has incurred

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indebtedness from the Georgia Environmental Facilities Authority, and in the event that such a municipality has not made a payment when due within the meaning of Code Section 50-23-20 to the Georgia Environmental Facilities Authority, then the Georgia Environmental Facilities Authority shall notify the director of the Office of Treasury and Fiscal Services and the state revenue commissioner of such default. The commissioner shall withhold only sufficient proceeds of the taxes collected under this article to cure or correct the default under the indebtedness to the Georgia Environmental Facilities Authority and shall transmit such proceeds to the director of the Office of Treasury and Fiscal Services.
48-8-207. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as the commissioner deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the municipality or in a special district which includes the municipality; and taxes so paid in another jurisdiction shall be credited first against the tax levied under Article 3 of this chapter, if applicable, then against the tax levied under Article 2 of this chapter, if applicable, and then against the tax levied under this article.
48-8-208. No tax provided for in this article shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the municipality in which the tax is imposed regardless of the point at which title passes, if the delivery is made by the sellers vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Federal Highway Administration or the Georgia Public Service Commission.
48-8-209. No tax provided for in this article shall be imposed upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to the voters approval of the levy of the tax and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the tax.

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48-8-210. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax authorized to be imposed by this article.
48-8-211. The tax authorized by this article shall be in addition to any other local sales and use tax. The imposition of any other local sales and use tax within a county, municipality, or special district shall not affect the authority of a municipality to impose the tax authorized by this article and the imposition of the tax authorized by this article shall not affect the imposition of any otherwise authorized local sales and use tax within the county, municipality, or special district.
48-8-212. (a) The proceeds received from the tax authorized by this article shall be used by the municipality exclusively for:
(1) Court ordered storm-water and waste-water systems capital outlay or repair projects; (2) The repayment of general obligation indebtedness incurred in conjunction with the imposition of the tax authorized by this article; or (3) The repayment of any loans made to such municipality with respect to such capital outlay or repair projects. Such proceeds shall be kept in a separate account from other funds of the municipality and shall not in any manner be commingled with other funds of the municipality prior to expenditure. (b) The governing authority of the municipality shall maintain a record of each and every capital outlay or repair project for which the proceeds of the tax are used. In each annual audit a schedule shall be included which shows for each ongoing capital outlay or repair project the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditors report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. (c) No general obligation debt shall be issued in conjunction with the imposition of the tax unless the municipal governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the municipality will receive from the tax authorized by this article net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by the municipality from the tax authorized by this article. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the municipality; and

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any liability on said debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the municipality. (d) The resolution or ordinance calling for imposition of the tax authorized by this article may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the resolution or ordinance so provides, then such proceeds shall be used solely for such purpose except as provided in subsection (f) of this Code section. (e) The resolution or ordinance calling for the imposition of the tax authorized by this article may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. In such a case no part of the net proceeds from the tax received in any year shall be used for other capital outlay or repair purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed.
(f)(1)(A) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection. (B) If the municipality receives from the tax net proceeds in excess of the maximum cost of the project or projects calling for the imposition of the tax or in excess of the actual cost of such project or projects, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-203 by reason of denial of validation of debt, then all net proceeds received by the municipality from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the municipality other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of the municipality, it being the intent that any funds so paid into the general fund of the municipality be used for the purpose of reducing ad valorem taxes."
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.

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Senator Fort of the 39th offered the following amendment # 1:
Amend the Senate Finance Committee substitute to HB 709 by striking in its entirety line 21 of page 5.
On the adoption of the amendment, Senator Fort of the 39th, called for the yeas and nays; the call was not sustained.
On the adoption of the amendment, the yeas were 5, nays 48, and the Fort amendment # 1 was lost.
Senators Fort of the 39th and Tate of the 38th offered the following amendment # 2:
Amend the Senate Finance Committee substitute to HB 709 by striking "court ordered" on line 8 of page 1.
By striking lines 3 through 6 of page 5.
By striking "(3)" and inserting in its place "(2)" on line 7 of page 5.
By striking "court ordered" on line 13 of page 5.
By striking lines 26 through 35 of page 5 and inserting in their place the following: "of the tax. Such ordinance or resolution shall specify the maximum period of time of the tax, to be stated in calendar years or calendar quarters and not to exceed five years."
By striking lines 9 through 17 of page 6 and inserting in their place the following: "municipality at least equal to that of the legal organ."
By striking "(c)(1)" and inserting in its place "(c)" on line 18 of page 6.
By striking "court ordered" on line 21 of page 6.
By striking lines 23 through 27 of page 6.
By striking lines 4 through 25 of page 7.
By striking lines 1 through 5 of page 8.
By striking "(2)" and inserting in its place "(1)" on line 6 of page 8.
By striking "(3)" and inserting in its place "(2)" on line 8 of page 8.

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By striking "Except as otherwise provided in subsection (b) of this Code section, the" and inserting in its place "The" on line 20 of page 9.

By striking lines 23 through 32 of page 9 and inserting in their place the following: "(b)(1) In the event that a municipality levying a tax under this article has incurred indebtedness from the Georgia Environmental Facilities Authority, proceeds of the tax shall be used for repayment of such indebtedness and for the rollback or reduction provided for in paragraph (2) of this subsection. (2) A municipality receiving any of the proceeds of a tax levied under this article shall provide by ordinance for an equivalent rollback or reduction on any water and sewer system increases or surcharges imposed on water and sewer customers within the corporate limits of such municipality to fund storm-water and sewage collection systems capital outlay or repair projects."

By striking from line 9 of page 11 through line 31 of page 12 and inserting in its place the following:
"The proceeds received from the tax authorized by this article shall be used by the municipality exclusively for the use specified in subsection (b) of Code Section 48-8206.'"

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 N Butler N Cagle N Cheeks Y 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 N Johnson N Kemp,B N Kemp,R N Lamutt N Lee N 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 Y Tate N Thomas,D N Thomas,N N Thomas,R N Thompson N Tolleson N Unterman N Williams N Zamarripa

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On the adoption of the amendment, the yeas were 9, nays 47, and the Fort, Tate amendment # 2 was lost.

On the adoption of the substitute, the yeas were 48, 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 Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay N Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick

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

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

On the passage of the bill, the yeas were 49, nays 6.

HB 709, having received the requisite constitutional majority, was passed by substitute.

Senator Zamarripa of the 36th introduced Christina Dixon, commended by SR 663, adopted previously. Christina Dixon addressed the Senate briefly.

Senator Tolleson of the 18th introduced Amy Holloway, commended by SR 643, adopted previously. Amy Holloway addressed the Senate briefly.

The Calendar was resumed.

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HB 1207. By Representatives Coleman of the 118th, Buck of the 112th, Burkhalter of the 36th, Golick of the 34th, Post 3 and O`Neal of the 117th:
A BILL to amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and midyear adjustment reserve, so as to authorize the General Assembly of Georgia to appropriate $208,632,306 for Fiscal Year 2004 and 7 million for State Fiscal Year 2005 from the revenue shortfall reserve; and for other purposes.

Senate Sponsor: Senator Hill of the 4th.

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

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

On the passage of the bill, the yeas were 50, nays 2.

HB 1207, having received the requisite constitutional majority, was passed.

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SB 403. By Senators Cheeks of the 23rd, Brush of the 24th and Hall of the 22nd:

A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Self-service Storage Facility Act," so as to change a certain definition; to provide that the owner of a selfservice storage facility shall not be a bailee; to provide for presumed delivery of notice; to repeal conflicting laws; and for other purposes.

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

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

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

Y Harbison Y Harp Y Henson Y Hill Y Hooks
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 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 47, nays 0.

SB 403, having received the requisite constitutional majority, was passed.

Senator Starr of the 44th asked unanimous consent that Senator Dean of the 31st be excused. The consent was granted, and Senator Dean was excused.

SB 404. By Senators Cheeks of the 23rd and Hall of the 22nd:

A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 40 of

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the Official Code of Georgia Annotated, relating to abandoned motor vehicles and towing, storage, and disposal of motor vehicles, so as to specify the conditions under which a person removing or storing a motor vehicle shall have a lien upon such vehicle; to provide that any such lien may also cover the cost of certain fuel recovery or cleanup activities; to provide for procedural matters; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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

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

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

Y Harbison Y Harp Y Henson
Hill Y Hooks
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
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 49, nays 0.

SB 404, having received the requisite constitutional majority, was passed.

SB 431. By Senators Kemp of the 46th, Hall of the 22nd, Collins of the 6th, Tolleson of the 18th, Gillis of the 20th and others:

A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to provide for notification to the members of the General Assembly of the availability of annual reports, budgets, and audits; to provide for related

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matters; to repeal conflicting laws; and for other purposes.

Senators Kemp of the 46th, Unterman of the 45th, Tate of the 38th, Bulloch of the 11th, Zamarripa of the 36th, Seabaugh of the 28th and others offered the following amendment:

Amend SB 431 by adding after the word "file" on line 2 of page 12 the words "or electing to file".

By adding after the word "provide" on line 8 of page 12 the words "or electing to provide".

On the adoption of the amendment, the yeas were 40, nays 0, and the Kemp of the 46th, 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 E 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
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.

SB 431, having received the requisite constitutional majority, was passed as amended.

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SR 293. By Senators Hamrick of the 30th, Dean of the 31st and Lee of the 29th:

A RESOLUTION designating the Billy Jiles Memorial Highway; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Y Adelman Y Balfour Y Blitch
Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts E 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 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
Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 51, nays 0.

SR 293, having received the requisite constitutional majority, was adopted.

SR 299. By Senator Stephens of the 51st:

A RESOLUTION designating the Michael B. Mundy Memorial Bridge; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

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

On the adoption of the resolution, the yeas were 50, nays 0.

SR 299, having received the requisite constitutional majority, was adopted.

SR 301. By Senators Dean of the 31st, Clay of the 37th and Hamrick of the 30th:

A RESOLUTION designating SR 101 in Paulding County as the John D. Smith Highway; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

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

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

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

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

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

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

On the adoption of the resolution, the yeas were 48, nays 0.

SR 301, having received the requisite constitutional majority, was adopted.

Senator Stephens of the 51st moved that the Senate adjourn until 10:00 a.m., Tuesday, February 10, 2004.

The motion prevailed, and the President announced the Senate adjourned at 3:38 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, February 10, 2004 Fifteenth Legislative Day

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

Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

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

Mr. President:

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

HB 498.

By Representatives Cummings of the 19th, Skipper of the 116th, Smyre of the 111th and Porter of the 119th:

A BILL to amend Code Section 47-2-96.1 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain temporary full-time service, so as to change certain provisions relating to allowable service; and for other purposes.

HB 585. By Representative Parham of the 94th:

A BILL to amend Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to license applications, prerequisites, license fees, renewal, and supplemental licenses related to used motor vehicle and parts dealers, so as to change the provisions relating to the surety bond for used car dealers; and for other purposes.

HB 1266. By Representative Childers of the 13th, Post 1:

A BILL 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,

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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; and for other purposes.
HB 1312. By Representatives Campbell of the 39th, Willard of the 40th and Wilkinson of the 41st:
A BILL to amend an Act to reincorporate the City of Roswell in the County of Fulton, so as to change the method of selection of the mayor pro tempore; and for other purposes.
HB 1350. By Representative James of the 114th:
A BILL to amend an Act providing for the board of education for the Macon County School District, so as to revise the districts for the election of members of the board of education; and for other purposes.
HB 1351. By Representative James of the 114th:
A BILL to amend an Act creating a board of commissioners for Macon County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.
HB 1353. By Representatives Scott of the 138th, Houston of the 139th and Roberts of the 131st:
A BILL to provide a new charter for the City of Omega; and for other purposes.
HB 1363. By Representatives Broome of the 141st, Post 2, Sholar of the 141st, Post 1 and Greene of the 134th:
A BILL to create a board of elections and registration for Decatur County and provide for its powers and duties; and for other purposes.
HB 1370. By Representative Parrish of the 102nd:
A BILL to create a board of elections and registration for Emanuel County and provide for its powers and duties; and for other purposes.

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The following Senate legislation was introduced, read the first time and referred to committee:
SB 500. By Senators Price of the 56th, Stephens of the 51st and Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 21-2-379.1 of the Official Code of Georgia Annotated, relating to requirements for use of electronic recording voting systems, so as to provide all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 501. By Senators Price of the 56th and Levetan of the 40th:
A BILL to be entitled an Act to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to change certain provisions regarding authorized investments of the State Depository Board; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 502. By Senators Thomas of the 54th and Unterman of the 45th:
A BILL to be entitled an Act to amend Code Section 16-13-71 of the Official Code of Georgia Annotated, relating to the definition of dangerous drug, so as to change certain provisions relating to Schedule II; to change certain provisions relating to general registration requirements; to regulate certain opioid treatments; to change certain provisions relating to the definition of dangerous drug; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 503. By Senators Stokes of the 43rd, Tate of the 38th, Seay of the 34th, Butler of the 55th, Henson of the 41st and others:
A BILL to be entitled an Act to amend Code Section 31-5A-4 of the Official Code of Georgia Annotated, relating to the powers, duties, functions, and responsibilities of the Department of Community Health, so as to create the

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Office of Minority Health within the Department of Community Health; to provide for an advisory council to be appointed by the Governor; to provide for the functions and duties of the Office of Minority Health; to provide for a fulltime executive director; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 504. By Senators Seabaugh of the 28th, Moody of the 27th, Dean of the 31st and Golden of the 8th:
A BILL to be entitled an Act to amend Code Section 33-2-5 of the Official Code of Georgia Annotated, relating to appointment of personnel of the Department of Insurance, so as to provide for certain immunities from liability for the Commissioner of Insurance and his or her authorized representatives and examiners; to provide for an award of attorneys fees and costs to such persons in certain civil actions if such civil actions were not substantially justified; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

SR 728. By Senators Shafer of the 48th, Moody of the 27th, Mullis of the 53rd, Smith of the 52nd, Cagle of the 49th and others:
A RESOLUTION urging the United States Congress to make the federal tax cuts permanent; and for other purposes.
Referred to the Rules Committee.

SR 729. By Senators Shafer of the 48th, Moody of the 27th, Mullis of the 53rd, Smith of the 52nd, Cagle of the 49th and others:
A RESOLUTION urging the United States Congress to abolish the death tax permanently; and for other purposes.
Referred to the Rules Committee.

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SR 730. By Senators Shafer of the 48th, Moody of the 27th, Mullis of the 53rd, Smith of the 52nd, Cagle of the 49th and others:
A RESOLUTION requesting that the Congressional Delegation of the State of Georgia work to pass lifetime and retirement savings accounts; and for other purposes.
Referred to the Rules Committee.
SR 731. By Senators Shafer of the 48th, Harp of the 16th, Moody of the 27th, Mullis of the 53rd, Smith of the 52nd and others:
A RESOLUTION urging the United States Congress to enact defense appropriations prior to other spending legislation; and for other purposes.
Referred to the Veterans and Military Affairs Committee.
SR 732. By Senators Shafer of the 48th, Harp of the 16th, Moody of the 27th, Mullis of the 53rd, Smith of the 52nd and others:
A RESOLUTION requesting the Congressional Delegation of the State of Georgia to support the President's effort to protect the United States from terrorists and the proliferation of weapons of mass destruction; and for other purposes.
Referred to the Veterans and Military Affairs Committee.
SR 733. By Senators Crotts of the 17th and Gillis of the 20th:
A RESOLUTION designating every second Thursday of March as Atlanta Motor Speedway Day at the state capitol; and for other purposes.
Referred to the Economic Development and Tourism Committee.

The following House legislation was read the first time and referred to committee:
HB 498. By Representatives Cummings of the 19th, Skipper of the 116th, Smyre of the 111th and Porter of the 119th:
A BILL to amend Code Section 47-2-96.1 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain temporary full-time service, so as to change certain

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provisions relating to allowable service; and for other purposes.
Referred to the Retirement Committee.
HB 585. By Representative Parham of the 94th:
A BILL to amend Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to license applications, prerequisites, license fees, renewal, and supplemental licenses related to used motor vehicle and parts dealers, so as to change the provisions relating to the surety bond for used car dealers; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 1266. By Representative Childers of the 13th, Post 1:
A BILL 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; and for other purposes.
Referred to the Health and Human Services Committee.
HB 1312. By Representatives Campbell of the 39th, Willard of the 40th and Wilkinson of the 41st:
A BILL to amend an Act to reincorporate the City of Roswell in the County of Fulton, so as to change the method of selection of the mayor pro tempore; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1350. By Representative James of the 114th:
A BILL to amend an Act providing for the board of education for the Macon County School District, so as to revise the districts for the election of members of the board of education; and for other purposes.
Referred to t