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 1 2 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 3 4 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 5 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 6 MONDAY, JANUARY 12, 2004 1 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. 7 2 JOURNAL OF THE SENATE 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: 8 MONDAY, JANUARY 12, 2004 3 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 9 4 JOURNAL OF THE SENATE 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. 10 MONDAY, JANUARY 12, 2004 5 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. 11 6 JOURNAL OF THE SENATE 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. 12 MONDAY, JANUARY 12, 2004 7 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) 13 8 JOURNAL OF THE SENATE 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) 14 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 9 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 15 10 JOURNAL OF THE SENATE 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 16 MONDAY, JANUARY 12, 2004 11 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 17 12 JOURNAL OF THE SENATE 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 18 MONDAY, JANUARY 12, 2004 13 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 19 14 JOURNAL OF THE SENATE 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 20 MONDAY, JANUARY 12, 2004 15 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. 21 16 JOURNAL OF THE SENATE 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 22 MONDAY, JANUARY 12, 2004 17 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. 23 18 JOURNAL OF THE SENATE 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. 24 MONDAY, JANUARY 12, 2004 19 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 25 20 JOURNAL OF THE SENATE 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 26 MONDAY, JANUARY 12, 2004 21 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. 27 22 JOURNAL OF THE SENATE 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 28 MONDAY, JANUARY 12, 2004 23 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. 29 24 JOURNAL OF THE SENATE 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: 30 MONDAY, JANUARY 12, 2004 25 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 31 26 JOURNAL OF THE SENATE 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. 32 MONDAY, JANUARY 12, 2004 27 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. 33 28 JOURNAL OF THE SENATE 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 34 MONDAY, JANUARY 12, 2004 29 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; 35 30 JOURNAL OF THE SENATE 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 36 MONDAY, JANUARY 12, 2004 31 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 37 32 JOURNAL OF THE SENATE 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 38 MONDAY, JANUARY 12, 2004 33 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 39 34 JOURNAL OF THE SENATE 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 40 MONDAY, JANUARY 12, 2004 35 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 41 36 JOURNAL OF THE SENATE 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 42 MONDAY, JANUARY 12, 2004 37 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 43 38 JOURNAL OF THE SENATE 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. 44 MONDAY, JANUARY 12, 2004 39 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 45 40 JOURNAL OF THE SENATE 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 46 MONDAY, JANUARY 12, 2004 41 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. 47 42 JOURNAL OF THE SENATE 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 48 MONDAY, JANUARY 12, 2004 43 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. 49 44 JOURNAL OF THE SENATE 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 50 MONDAY, JANUARY 12, 2004 45 353 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 51 46 JOURNAL OF THE SENATE 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. 52 MONDAY, JANUARY 12, 2004 47 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, 53 48 JOURNAL OF THE SENATE 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. 54 MONDAY, JANUARY 12, 2004 49 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. 55 50 JOURNAL OF THE SENATE 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 56 TUESDAY, JANUARY 13, 2004 51 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 57 52 JOURNAL OF THE SENATE 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. 58 TUESDAY, JANUARY 13, 2004 53 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. 59 54 JOURNAL OF THE SENATE 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 60 TUESDAY, JANUARY 13, 2004 55 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 61 56 JOURNAL OF THE SENATE 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. 62 TUESDAY, JANUARY 13, 2004 57 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 63 58 JOURNAL OF THE SENATE 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. 64 TUESDAY, JANUARY 13, 2004 59 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 65 60 JOURNAL OF THE SENATE 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. 66 TUESDAY, JANUARY 13, 2004 61 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. 67 62 JOURNAL OF THE SENATE The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR 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 68 TUESDAY, JANUARY 13, 2004 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. 69 64 JOURNAL OF THE SENATE 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. 70 WEDNESDAY, JANUARY 14, 2004 65 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. 71 66 JOURNAL OF THE SENATE 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 72 WEDNESDAY, JANUARY 14, 2004 67 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 73 68 JOURNAL OF THE SENATE 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 74 WEDNESDAY, JANUARY 14, 2004 69 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. 75 70 JOURNAL OF THE SENATE 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 76 WEDNESDAY, JANUARY 14, 2004 71 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. 77 72 JOURNAL OF THE SENATE 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 ... 78 WEDNESDAY, JANUARY 14, 2004 73 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. 79 74 JOURNAL OF THE SENATE 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! 80 WEDNESDAY, JANUARY 14, 2004 75 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 81 76 JOURNAL OF THE SENATE 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. 82 WEDNESDAY, JANUARY 14, 2004 77 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 83 78 JOURNAL OF THE SENATE 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 84 WEDNESDAY, JANUARY 14, 2004 79 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. 85 80 JOURNAL OF THE SENATE 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. 86 WEDNESDAY, JANUARY 14, 2004 81 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. 87 82 JOURNAL OF THE SENATE 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-- 88 WEDNESDAY, JANUARY 14, 2004 83 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. 89 84 JOURNAL OF THE SENATE 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. 90 THURSDAY, JANUARY 15, 2004 85 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. 91 86 JOURNAL OF THE SENATE 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. 92 THURSDAY, JANUARY 15, 2004 87 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. 93 88 JOURNAL OF THE SENATE 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 94 THURSDAY, JANUARY 15, 2004 89 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 95 90 JOURNAL OF THE SENATE 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 96 THURSDAY, JANUARY 15, 2004 91 "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: 97 92 JOURNAL OF THE SENATE 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". 98 THURSDAY, JANUARY 15, 2004 93 "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: 99 94 JOURNAL OF THE SENATE 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 100 THURSDAY, JANUARY 15, 2004 95 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 101 96 JOURNAL OF THE SENATE 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. 102 FRIDAY, JANUARY 16, 2004 97 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. 103 98 JOURNAL OF THE SENATE 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. 104 FRIDAY, JANUARY 16, 2004 99 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. 105 100 JOURNAL OF THE SENATE 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 106 FRIDAY, JANUARY 16, 2004 101 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 107 102 JOURNAL OF THE SENATE 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. 108 FRIDAY, JANUARY 16, 2004 103 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 109 104 JOURNAL OF THE SENATE 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. 110 FRIDAY, JANUARY 16, 2004 105 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: 111 106 JOURNAL OF THE SENATE 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. 112 FRIDAY, JANUARY 16, 2004 107 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. 113 108 JOURNAL OF THE SENATE 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 114 FRIDAY, JANUARY 16, 2004 109 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. 115 110 JOURNAL OF THE SENATE 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 116 FRIDAY, JANUARY 16, 2004 111 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 117 112 JOURNAL OF THE SENATE 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. 118 FRIDAY, JANUARY 16, 2004 113 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 8 119 114 JOURNAL OF THE SENATE 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 120 FRIDAY, JANUARY 16, 2004 115 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. 121 116 JOURNAL OF THE SENATE 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 122 FRIDAY, JANUARY 16, 2004 117 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 123 118 JOURNAL OF THE SENATE 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. 124 MONDAY, JANUARY 26, 2004 119 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. 125 120 JOURNAL OF THE SENATE 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 126 MONDAY, JANUARY 26, 2004 121 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 127 122 JOURNAL OF THE SENATE 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. 128 MONDAY, JANUARY 26, 2004 123 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 129 124 JOURNAL OF THE SENATE 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 130 MONDAY, JANUARY 26, 2004 125 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 131 126 JOURNAL OF THE SENATE 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. 132 MONDAY, JANUARY 26, 2004 127 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 133 128 JOURNAL OF THE SENATE 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. 134 MONDAY, JANUARY 26, 2004 129 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: 135 130 JOURNAL OF THE SENATE 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: 136 MONDAY, JANUARY 26, 2004 131 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 137 132 JOURNAL OF THE SENATE 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 138 MONDAY, JANUARY 26, 2004 133 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. 139 134 JOURNAL OF THE SENATE 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. 140 TUESDAY, JANUARY 27, 2004 135 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. 141 136 JOURNAL OF THE SENATE 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 142 TUESDAY, JANUARY 27, 2004 137 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. 143 138 JOURNAL OF THE SENATE 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 144 TUESDAY, JANUARY 27, 2004 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. 145 140 JOURNAL OF THE SENATE 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 146 TUESDAY, JANUARY 27, 2004 141 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: 147 142 JOURNAL OF THE SENATE 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. 148 TUESDAY, JANUARY 27, 2004 143 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. 149 144 JOURNAL OF THE SENATE 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. 150 TUESDAY, JANUARY 27, 2004 145 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 151 146 JOURNAL OF THE SENATE 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 152 TUESDAY, JANUARY 27, 2004 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. 153 148 JOURNAL OF THE SENATE 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 154 THURSDAY, JANUARY 29, 2004 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 155 150 JOURNAL OF THE SENATE 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. 156 THURSDAY, JANUARY 29, 2004 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 157 152 JOURNAL OF THE SENATE 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. 158 THURSDAY, JANUARY 29, 2004 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 159 154 JOURNAL OF THE SENATE 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. 160 THURSDAY, JANUARY 29, 2004 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. 161 156 JOURNAL OF THE SENATE 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. 162 THURSDAY, JANUARY 29, 2004 157 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 163 158 JOURNAL OF THE SENATE 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 164 THURSDAY, JANUARY 29, 2004 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 165 160 JOURNAL OF THE SENATE 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 166 THURSDAY, JANUARY 29, 2004 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 167 162 JOURNAL OF THE SENATE 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: 168 THURSDAY, JANUARY 29, 2004 163 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. 169 164 JOURNAL OF THE SENATE (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. 170 THURSDAY, JANUARY 29, 2004 165 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. 171 166 JOURNAL OF THE SENATE 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 172 THURSDAY, JANUARY 29, 2004 167 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 173 168 JOURNAL OF THE SENATE 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. 174 THURSDAY, JANUARY 29, 2004 169 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. 175 170 JOURNAL OF THE SENATE 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. 176 FRIDAY, JANUARY 30, 2004 171 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. 177 172 JOURNAL OF THE SENATE 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 178 FRIDAY, JANUARY 30, 2004 173 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. 179 174 JOURNAL OF THE SENATE 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 180 FRIDAY, JANUARY 30, 2004 175 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. 181 176 JOURNAL OF THE SENATE 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. 182 FRIDAY, JANUARY 30, 2004 177 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. 183 178 JOURNAL OF THE SENATE 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. 184 FRIDAY, JANUARY 30, 2004 179 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: 185 180 JOURNAL OF THE SENATE 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 186 FRIDAY, JANUARY 30, 2004 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 187 182 JOURNAL OF THE SENATE 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 188 FRIDAY, JANUARY 30, 2004 183 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 189 184 JOURNAL OF THE SENATE 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 190 FRIDAY, JANUARY 30, 2004 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 191 186 JOURNAL OF THE SENATE 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 192 FRIDAY, JANUARY 30, 2004 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. 193 188 JOURNAL OF THE SENATE 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 194 FRIDAY, JANUARY 30, 2004 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 195 190 JOURNAL OF THE SENATE 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: 196 FRIDAY, JANUARY 30, 2004 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. 197 192 JOURNAL OF THE SENATE 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. 198 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: 199 194 JOURNAL OF THE SENATE 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, 200 MONDAY, FEBRUARY 2, 2004 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: 201 196 JOURNAL OF THE SENATE 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 202 MONDAY, FEBRUARY 2, 2004 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. 203 198 JOURNAL OF THE SENATE 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) 204 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 205 200 JOURNAL OF THE SENATE 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. 206 MONDAY, FEBRUARY 2, 2004 201 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 207 202 JOURNAL OF THE SENATE 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, 208 MONDAY, FEBRUARY 2, 2004 203 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 209 204 JOURNAL OF THE SENATE 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 210 MONDAY, FEBRUARY 2, 2004 205 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:" 211 206 JOURNAL OF THE SENATE 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." 212 MONDAY, FEBRUARY 2, 2004 207 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. 213 208 JOURNAL OF THE SENATE (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 214 MONDAY, FEBRUARY 2, 2004 209 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. 215 210 JOURNAL OF THE SENATE 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 216 MONDAY, FEBRUARY 2, 2004 211 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. 217 212 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman 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. 218 MONDAY, FEBRUARY 2, 2004 213 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 219 214 JOURNAL OF THE SENATE 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. 220 MONDAY, FEBRUARY 2, 2004 215 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 221 216 JOURNAL OF THE SENATE 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 222 MONDAY, FEBRUARY 2, 2004 217 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. 223 218 JOURNAL OF THE SENATE 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 224 MONDAY, FEBRUARY 2, 2004 219 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 225 220 JOURNAL OF THE SENATE 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. 226 MONDAY, FEBRUARY 2, 2004 221 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 227 222 JOURNAL OF THE SENATE 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 228 MONDAY, FEBRUARY 2, 2004 223 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 229 224 JOURNAL OF THE SENATE 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 230 MONDAY, FEBRUARY 2, 2004 225 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. 231 226 JOURNAL OF THE SENATE 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 232 MONDAY, FEBRUARY 2, 2004 227 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 233 228 JOURNAL OF THE SENATE 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 234 MONDAY, FEBRUARY 2, 2004 229 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 235 230 JOURNAL OF THE SENATE 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 236 MONDAY, FEBRUARY 2, 2004 231 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. 237 232 JOURNAL OF THE SENATE /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 238 MONDAY, FEBRUARY 2, 2004 233 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. 239 234 JOURNAL OF THE SENATE 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. 240 TUESDAY, FEBRUARY 3, 2004 235 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 241 236 JOURNAL OF THE SENATE 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 242 TUESDAY, FEBRUARY 3, 2004 237 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. 243 238 JOURNAL OF THE SENATE 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 244 TUESDAY, FEBRUARY 3, 2004 239 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. 245 240 JOURNAL OF THE SENATE 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: 246 TUESDAY, FEBRUARY 3, 2004 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 247 242 JOURNAL OF THE SENATE 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, 248 TUESDAY, FEBRUARY 3, 2004 243 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: 249 244 JOURNAL OF THE SENATE 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 356 250 TUESDAY, FEBRUARY 3, 2004 245 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. 251 246 JOURNAL OF THE SENATE 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. 252 TUESDAY, FEBRUARY 3, 2004 247 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 253 248 JOURNAL OF THE SENATE 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: 254 TUESDAY, FEBRUARY 3, 2004 249 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 255 250 JOURNAL OF THE SENATE 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: 256 TUESDAY, FEBRUARY 3, 2004 251 "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 257 252 JOURNAL OF THE SENATE 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 258 TUESDAY, FEBRUARY 3, 2004 253 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 259 254 JOURNAL OF THE SENATE 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 260 TUESDAY, FEBRUARY 3, 2004 255 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 261 256 JOURNAL OF THE SENATE 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 262 TUESDAY, FEBRUARY 3, 2004 257 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 263 258 JOURNAL OF THE SENATE 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 264 TUESDAY, FEBRUARY 3, 2004 259 (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 265 260 JOURNAL OF THE SENATE 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 266 TUESDAY, FEBRUARY 3, 2004 261 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. 267 262 JOURNAL OF THE SENATE 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. 268 TUESDAY, FEBRUARY 3, 2004 263 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 269 264 JOURNAL OF THE SENATE 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 270 TUESDAY, FEBRUARY 3, 2004 265 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 271 266 JOURNAL OF THE SENATE N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts Y Dean Y Fort Y Gillis Y Golden N Hall N Hamrick Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh N Stephens Y Stokes N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 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 272 TUESDAY, FEBRUARY 3, 2004 267 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 273 268 JOURNAL OF THE SENATE N Cagle N Cheeks N Clay N Collins N Crotts Y Dean Y Fort Y Gillis Y Golden N Hall N Hamrick N Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price 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. 274 TUESDAY, FEBRUARY 3, 2004 269 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;". 275 270 JOURNAL OF THE SENATE 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 276 TUESDAY, FEBRUARY 3, 2004 271 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 277 272 JOURNAL OF THE SENATE 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 278 TUESDAY, FEBRUARY 3, 2004 273 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 279 274 JOURNAL OF THE SENATE 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 280 TUESDAY, FEBRUARY 3, 2004 275 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 281 276 JOURNAL OF THE SENATE 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. 282 TUESDAY, FEBRUARY 3, 2004 277 (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. 283 278 JOURNAL OF THE SENATE (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; 284 TUESDAY, FEBRUARY 3, 2004 279 (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. 285 280 JOURNAL OF THE SENATE (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 286 TUESDAY, FEBRUARY 3, 2004 281 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 287 282 JOURNAL OF THE SENATE 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 288 TUESDAY, FEBRUARY 3, 2004 283 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. 289 284 JOURNAL OF THE SENATE 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 290 TUESDAY, FEBRUARY 3, 2004 285 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. 291 286 JOURNAL OF THE SENATE (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 292 TUESDAY, FEBRUARY 3, 2004 287 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:. 293 288 JOURNAL OF THE SENATE (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; 294 TUESDAY, FEBRUARY 3, 2004 289 (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 295 290 JOURNAL OF THE SENATE 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 296 TUESDAY, FEBRUARY 3, 2004 291 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. 297 292 JOURNAL OF THE SENATE (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 298 TUESDAY, FEBRUARY 3, 2004 293 (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. 299 294 JOURNAL OF THE SENATE 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 300 TUESDAY, FEBRUARY 3, 2004 295 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 301 296 JOURNAL OF THE SENATE 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 302 TUESDAY, FEBRUARY 3, 2004 297 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; 303 298 JOURNAL OF THE SENATE (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. 304 TUESDAY, FEBRUARY 3, 2004 299 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 305 300 JOURNAL OF THE SENATE 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. 306 TUESDAY, FEBRUARY 3, 2004 301 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: 307 302 JOURNAL OF THE SENATE "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: 308 TUESDAY, FEBRUARY 3, 2004 303 "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 309 304 JOURNAL OF THE SENATE 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. 310 TUESDAY, FEBRUARY 3, 2004 305 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 311 306 JOURNAL OF THE SENATE 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 312 TUESDAY, FEBRUARY 3, 2004 307 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." 313 308 JOURNAL OF THE SENATE 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" 314 TUESDAY, FEBRUARY 3, 2004 309 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 315 310 JOURNAL OF THE SENATE 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. 316 THURSDAY, FEBRUARY 5, 2004 311 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. 317 312 JOURNAL OF THE SENATE 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: 318 THURSDAY, FEBRUARY 5, 2004 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 319 314 JOURNAL OF THE SENATE 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; 320 THURSDAY, FEBRUARY 5, 2004 315 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 321 316 JOURNAL OF THE SENATE 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 322 THURSDAY, FEBRUARY 5, 2004 317 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. 323 318 JOURNAL OF THE SENATE 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 324 THURSDAY, FEBRUARY 5, 2004 319 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: 325 320 JOURNAL OF THE SENATE 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: 326 THURSDAY, FEBRUARY 5, 2004 321 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) 327 322 JOURNAL OF THE SENATE 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. 328 THURSDAY, FEBRUARY 5, 2004 323 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. 329 324 JOURNAL OF THE SENATE 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) 330 THURSDAY, FEBRUARY 5, 2004 325 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 331 326 JOURNAL OF THE SENATE 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. 332 THURSDAY, FEBRUARY 5, 2004 327 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 333 328 JOURNAL OF THE SENATE 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 334 THURSDAY, FEBRUARY 5, 2004 329 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 335 330 JOURNAL OF THE SENATE 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 336 THURSDAY, FEBRUARY 5, 2004 331 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, 337 332 JOURNAL OF THE SENATE 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 12 338 THURSDAY, FEBRUARY 5, 2004 333 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 339 334 JOURNAL OF THE SENATE 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. 340 THURSDAY, FEBRUARY 5, 2004 335 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 341 336 JOURNAL OF THE SENATE 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 342 THURSDAY, FEBRUARY 5, 2004 337 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 343 338 JOURNAL OF THE SENATE 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. 344 THURSDAY, FEBRUARY 5, 2004 339 (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. 345 340 JOURNAL OF THE SENATE 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 346 THURSDAY, FEBRUARY 5, 2004 341 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 347 342 JOURNAL OF THE SENATE 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 348 THURSDAY, FEBRUARY 5, 2004 343 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. 349 344 JOURNAL OF THE SENATE 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. 350 THURSDAY, FEBRUARY 5, 2004 345 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 351 346 JOURNAL OF THE SENATE 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 352 THURSDAY, FEBRUARY 5, 2004 347 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 353 348 JOURNAL OF THE SENATE 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 354 THURSDAY, FEBRUARY 5, 2004 349 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 355 350 JOURNAL OF THE SENATE 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. 356 THURSDAY, FEBRUARY 5, 2004 351 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, 357 352 JOURNAL OF THE SENATE 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 358 THURSDAY, FEBRUARY 5, 2004 353 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. 359 354 JOURNAL OF THE SENATE 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. 360 THURSDAY, FEBRUARY 5, 2004 355 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. 361 356 JOURNAL OF THE SENATE 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. 362 THURSDAY, FEBRUARY 5, 2004 357 (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. 363 358 JOURNAL OF THE SENATE 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. 364 THURSDAY, FEBRUARY 5, 2004 359 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 365 360 JOURNAL OF THE SENATE 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: 2 366 THURSDAY, FEBRUARY 5, 2004 361 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: 1 367 362 JOURNAL OF THE SENATE 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: 6 368 THURSDAY, FEBRUARY 5, 2004 363 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. 369 364 JOURNAL OF THE SENATE 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; 370 THURSDAY, FEBRUARY 5, 2004 365 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. 371 366 JOURNAL OF THE SENATE 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 35 372 THURSDAY, FEBRUARY 5, 2004 367 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 373 368 JOURNAL OF THE SENATE 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; 374 THURSDAY, FEBRUARY 5, 2004 369 (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. 375 370 JOURNAL OF THE SENATE 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 376 THURSDAY, FEBRUARY 5, 2004 371 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. 377 372 JOURNAL OF THE SENATE 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 378 THURSDAY, FEBRUARY 5, 2004 373 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;". 379 374 JOURNAL OF THE SENATE 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 380 THURSDAY, FEBRUARY 5, 2004 375 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 381 376 JOURNAL OF THE SENATE 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: 382 THURSDAY, FEBRUARY 5, 2004 377 (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, 383 378 JOURNAL OF THE SENATE 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 384 THURSDAY, FEBRUARY 5, 2004 379 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 385 380 JOURNAL OF THE SENATE 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 386 THURSDAY, FEBRUARY 5, 2004 381 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 387 382 JOURNAL OF THE SENATE 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 388 THURSDAY, FEBRUARY 5, 2004 383 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 389 384 JOURNAL OF THE SENATE 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. 390 THURSDAY, FEBRUARY 5, 2004 385 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 391 386 JOURNAL OF THE SENATE 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 392 THURSDAY, FEBRUARY 5, 2004 387 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 393 388 JOURNAL OF THE SENATE 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. 394 FRIDAY, FEBRUARY 6, 2004 389 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 395 390 JOURNAL OF THE SENATE 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: 396 SR 666. FRIDAY, FEBRUARY 6, 2004 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 397 392 JOURNAL OF THE SENATE 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 398 FRIDAY, FEBRUARY 6, 2004 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. 399 394 JOURNAL OF THE SENATE 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 400 FRIDAY, FEBRUARY 6, 2004 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: 401 396 SB 456 Do Pass 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: 402 FRIDAY, FEBRUARY 6, 2004 397 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 403 398 JOURNAL OF THE SENATE 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. 404 FRIDAY, FEBRUARY 6, 2004 399 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. 405 400 JOURNAL OF THE SENATE 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. 406 FRIDAY, FEBRUARY 6, 2004 401 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.) 407 402 JOURNAL OF THE SENATE 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) 408 FRIDAY, FEBRUARY 6, 2004 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 409 404 JOURNAL OF THE SENATE 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. 410 FRIDAY, FEBRUARY 6, 2004 405 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 411 406 JOURNAL OF THE SENATE 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 412 FRIDAY, FEBRUARY 6, 2004 407 (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. 413 408 JOURNAL OF THE SENATE 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 414 FRIDAY, FEBRUARY 6, 2004 409 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: 415 410 JOURNAL OF THE SENATE (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. 416 FRIDAY, FEBRUARY 6, 2004 411 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 417 412 JOURNAL OF THE SENATE 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 418 FRIDAY, FEBRUARY 6, 2004 413 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 419 414 JOURNAL OF THE SENATE 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. 420 FRIDAY, FEBRUARY 6, 2004 415 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 421 416 JOURNAL OF THE SENATE 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 422 FRIDAY, FEBRUARY 6, 2004 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. 423 418 JOURNAL OF THE SENATE 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 424 MONDAY, FEBRUARY 9, 2004 419 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. 425 420 JOURNAL OF THE SENATE 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 426 MONDAY, FEBRUARY 9, 2004 421 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 427 422 JOURNAL OF THE SENATE (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. 428 MONDAY, FEBRUARY 9, 2004 423 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. 429 424 JOURNAL OF THE SENATE 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. 430 MONDAY, FEBRUARY 9, 2004 425 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. 431 426 JOURNAL OF THE SENATE 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: 432 MONDAY, FEBRUARY 9, 2004 427 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 2 433 428 JOURNAL OF THE SENATE 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 434 MONDAY, FEBRUARY 9, 2004 429 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: 435 430 JOURNAL OF THE SENATE '( ) 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. 436 MONDAY, FEBRUARY 9, 2004 431 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 437 432 JOURNAL OF THE SENATE 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 438 MONDAY, FEBRUARY 9, 2004 433 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 439 434 JOURNAL OF THE SENATE 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 440 MONDAY, FEBRUARY 9, 2004 435 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. 441 436 JOURNAL OF THE SENATE 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 442 MONDAY, FEBRUARY 9, 2004 437 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. 443 438 JOURNAL OF THE SENATE 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. 444 MONDAY, FEBRUARY 9, 2004 439 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 445 440 JOURNAL OF THE SENATE 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. 446 MONDAY, FEBRUARY 9, 2004 441 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. 447 442 JOURNAL OF THE SENATE 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 448 MONDAY, FEBRUARY 9, 2004 443 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 449 444 JOURNAL OF THE SENATE 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. 450 MONDAY, FEBRUARY 9, 2004 445 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: 451 446 JOURNAL OF THE SENATE 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 452 MONDAY, FEBRUARY 9, 2004 447 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. 453 448 JOURNAL OF THE SENATE 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, 454 TUESDAY, FEBRUARY 10, 2004 449 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. 455 450 JOURNAL OF THE SENATE 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 456 TUESDAY, FEBRUARY 10, 2004 451 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. 457 452 JOURNAL OF THE SENATE 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 458 TUESDAY, FEBRUARY 10, 2004 453 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 the State and Local Governmental Operations Committee. 459 454 JOURNAL OF THE SENATE 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. Referred to the State and Local Governmental Operations Committee. 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. Referred to the State and Local Governmental Operations Committee. 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. Referred to the State and Local Governmental Operations Committee. 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. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 941 Do Pass HB 1186 Do Pass Respectfully submitted, Senator Bulloch of the 11th District, Chairman 460 TUESDAY, FEBRUARY 10, 2004 455 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 183 Do Pass Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 467 Do Pass by substitute Respectfully submitted, Senator Tanksley of the 32nd District, Chairman The following legislation was read the second time: SB 418 Senator Hall of the 22nd asked unanimous consent that Senator Lamutt of the 21st be excused. The consent was granted, and Senator Lamutt was excused. 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. Senator Seabaugh of the 28th asked unanimous consent that Senator Clay of the 37th be excused. The consent was granted, and Senator Clay was excused. Senator Moody of the 27th asked unanimous consent that Senator Tolleson of the 18th be excused. The consent was granted, and Senator Tolleson was excused. Senator Moody of the 27th asked unanimous consent that Senator Collins of the 6th be excused. The consent was granted, and Senator Collins was excused. Senator Hill of the 4th 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: 461 456 JOURNAL OF THE SENATE Adelman Balfour Brown Brush Bulloch Butler Cagle Cheeks Gillis Golden Hall Hamrick Harbison Harp Henson Hill Hooks Hudgens Jackson 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,N Thomas,R Thompson Unterman Williams Zamarripa Not answering were Senators: Blitch Collins (Excused) Fort Lamutt (Excused) Tolleson (Excused) Bowen Crotts Johnson (Excused) Reed Clay (Excused) Dean 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 Crotts Reed The members pledged allegiance to the flag. Senator Smith of the 25th introduced the chaplain of the day, Reverend John DuBose of Milledgeville, Georgia, who offered scripture reading and prayer. Senator Meyer von Bremen of the 12th introduced Members of the Professional Association of Georgia Educators (PAGE), commended by SR 648, adopted previously. President Deena Hoch addressed the Senate briefly. The President introduced United States Congressman, District 12, Max Burns. Congressman Burns addressed the Senate briefly. Senator Hill of the 4th recognized members of the Georgia Rural Health Association, commended by SR 696, adopted previously. 462 TUESDAY, FEBRUARY 10, 2004 457 Senator Zamarripa of the 36th introduced a Delegation from the Wanzhou District of China, commended by SR 701, adopted previously. Senators Levetan of the 40th and Adelman of the 42nd introduced members of the Dunwoody General Federation of Women's Clubs, Inc. (GFWC) to be commended by SR 736. The following resolutions were read and adopted: SR 718. By Senator Jackson of the 50th: A RESOLUTION honoring and remembering the life and community and business accomplishments of the late Lamartine G. Hardman III of Commerce and Nacoochee Valley, Georgia; and for other purposes. SR 719. By Senator Jackson of the 50th: A RESOLUTION commending Sam Justus of Lula, Georgia, for winning the Daughters of the American Revolution National Essay Contest; and for other purposes. SR 720. By Senator Jackson of the 50th: A RESOLUTION honoring and remembering the life of Mr. David A. "Mr. McDonalds" Borrow of Cornelia, Georgia; and for other purposes. SR 721. By Senator Jackson of the 50th: A RESOLUTION commending and congratulating St. John Baptist Church on the occasion of its 135th anniversary of its founding; and for other purposes. SR 722. By Senator Cheeks of the 23rd: A RESOLUTION commending the Honorable James L. Lester; and for other purposes. SR 724. By Senators Kemp of the 46th, Hudgens of the 47th and Cagle of the 49th: A RESOLUTION commending Coach Andy Landers; and for other purposes. SR 725. By Senators Thomas of the 54th and Harbison of the 15th: A RESOLUTION recognizing the Georgia Department of Public Health; and 463 458 JOURNAL OF THE SENATE for other purposes SR 726. By Senator Brush of the 24th: A RESOLUTION commending Jeffrey M. Haas; and for other purposes. SR 727. By Senators Stokes of the 43rd, Tate of the 38th, Seay of the 34th, Reed of the 35th and Zamarripa of the 36th: A RESOLUTION recognizing and commending the Empire Board of Realtists, Inc.; and for other purposes. Senator Gillis of the 20th introduced Monte Simpson, President of the Georgia Forestry Association, Steve McWilliams, Executive Vice President of the Georgia Forestry Association and Bob Lazenby, Director of the Georgia Forestry Commission, commended by SR 715, adopted previously. Monte Simpson addressed the Senate briefly. Senator Meyer von Bremen of the 12th introduced the doctor of the day, Dr. John Bagnato. The President introduced United States Congressman, District 6, Johnny Isakson. Congressman Isakson addressed the Senate briefly. SENATE RULES CALENDAR TUESDAY, FEBRUARY 10, 2004 FIFTEENTH LEGISLATIVE DAY SB 456 School Readiness, Office; change name to Bright from the Start; revise reference (ED-29th) SB 441 Superior court review panel; reduce sentence; provide facts of decision (Substitute)(JUDY-30th) SB 442 Crimes against person; murder offense; imprisonment for life without parole (JUDY-30th) SB 444 County; joint development authority; tax credit for businesses in those counties (SLGO(G)-46th) SB 461 Motor Vehicles; certificate of registration/title; change certain provisions (Substitute)(PS&HS-9th) 464 TUESDAY, FEBRUARY 10, 2004 459 SB 470 License Plates for motorcycles; provide for veterans awarded Purple Heart (PS&HS-24th) SR 651 Public property; conveyance; grant utility easements; 13 counties (SI&P-2nd) SR 652 Public property; conveyances (SI&P-2nd) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee Senator Mullis of the 53rd asked unanimous consent that Senator Price of the 56th be excused. The consent was granted, and Senator Price was excused. Senator Tate of the 38th asked unanimous consent that she be excused from voting on SB 456 pursuant to Senate Rule 175. The consent was granted, and Senator Tate was excused. The following legislation was read the third time and put upon its passage: SB 456. By Senators Lee of the 29th, Brush of the 24th, Shafer of the 48th, Smith of the 52nd and Kemp of the 46th: 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. Senators Thompson of the 33rd, Brush of the 24th and Lee of the 29th offered the following amendment: Amend SB 456 by striking lines 6-7 on page 14 and inserting the following: (a) 'Child welfare agency' means any child-caring institution, child-placing agency, maternity home, family day-care home, group day-care home, or day-care center. Striking lines 18-19 on page 14 and inserting the following: (2) All child welfare services agencies, as defined in subsection (a) of this Code section, 465 460 JOURNAL OF THE SENATE shall be licensed or commissioned annually by the department in accordance striking line 17 on page 18 and inserting the following: (k)(j)(1) It shall be the duty of the department to annually inspect at regular intervals. adding on line 5 on page 38 (4) One member shall be a representative from a public Pre-K provider. and changing (4) on line 5, page 38 to (5), (5) on line 9, page 38 to (6), (6) on line 11, page 38 to (7), (7) on line 13 to (8), (8) on line 15 to (9), (9) on line 16 to (10), (10) on line 17 to (11). On the adoption of the amendment, the yeas were 39, nays 0, and the Thompson, 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 E Clay E Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis E 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 E Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. SB 456, having received the requisite constitutional majority, was passed as amended. 466 TUESDAY, FEBRUARY 10, 2004 461 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. The Senate Judiciary Committee offered the following substitute to SB 441: 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment for crimes, is amended by striking subsections (c), (d), and (f) of Code Section 17-10-6, relating to the review of certain sentences of incarceration by a threejudge panel, and inserting in lieu thereof new subsections (c), (d), (f), and (g) to read as follows: "(c) The three-judge panel provided for by this Code section shall have the authority to review sentences upon application of the defendants in such cases. In the review of the sentences the defendant and the district attorney shall have the right to present written argument relative to the sentence imposed and the harshness or justification thereof. If, in the opinion of the panel, the sentence imposed by the trial judge is too harsh or severe in light of all of the circumstances surrounding the case and the defendant, and in light of the defendants past history, the panel shall have the authority to issue an order reducing the sentence originally imposed by the trial judge. If the panel reduces a sentence imposed by the trial judge, the panel shall issue an opinion or memorandum of decision stating the facts specially that form the basis for the reduction of the sentence. The panel shall not have the authority, however, to reduce any sentence to probation or to suspend any sentence. The panel shall not be required to file written opinions but 467 462 JOURNAL OF THE SENATE shall file a copy of any order or remittitur reducing a sentence with the superior court which originally imposed the sentence The order of the panel, together with the opinion or memorandum of decision and the remittitur, shall be certified by the panel to the trial court under the seal of the panel and shall become effective upon being filed with the trial court. (d) The reduction of a sentence or the refusal to reduce a sentence by the panel shall not be reviewable. The provisions for review of sentences provided by this Code section shall not be deemed to affect the right to appeal or any practices, procedures, or time limitations relative to appeals to appellate courts. A defendant shall not have the right to file more than one application for a review of a sentence, and any order issued by the panel reducing or refusing to reduce any sentence covered by an application shall be binding on the defendant and the superior court which imposed the sentence." "(f) This Code section shall not apply to sentences imposed in misdemeanor cases or cases in which a sentence of life sentence or life without parole is imposed for murder. (g) If the record of the proceedings in the trial court establishes that the sentence imposed by the trial court was based on a negotiated plea of guilty to which the prosecution and the defendant, represented by an attorney, agreed prior to the imposition of the sentence, the panel may not reduce such sentence, in whole or in part." SECTION 2. This Act shall become effective on July 1, 2004, and shall apply to all applications for sentence review pending on July 1, 2004, and to all applications for sentence review filed on and after July 1, 2004. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 31, 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 Balfour N 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 N Squires Y Starr Y Stephens 468 TUESDAY, FEBRUARY 10, 2004 463 N Butler Y Cagle Y Cheeks E Clay E Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis E Price Y Reed Y Seabaugh Y Stokes Y Tanksley Y Tate Y Thomas,D N Thomas,N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 46, nays 5. SB 441, having received the requisite constitutional majority, was passed by substitute. 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt 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 469 464 JOURNAL OF THE SENATE E Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis E Price Y Reed Y Seabaugh Y Thomas,N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. SB 442, having received the requisite constitutional majority, was passed. 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. 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 E Collins Y Crotts Y Dean Fort Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt Lee Y Levetan Y Me V Bremen Y Moody Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Thomas,R Y Thompson Y Tolleson 470 TUESDAY, FEBRUARY 10, 2004 465 Y Gillis Y Golden Y Hall Y Hamrick Y Mullis E Price Y Reed Y Seabaugh Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 50, nays 0. SB 444, having received the requisite constitutional majority, was passed. 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. The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 461: 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking Code Section 40-2-130, relating to records of certificates of registrations, and inserting in its place the following: "40-2-130. (a) A record of certificates of registration shall be maintained by the commissioner or the commissioners duly authorized county tag agent. All certificates of registration shall be issued: (1) Under a distinctive tag registration number assigned to the vehicle; (2) Under the identifying number of the vehicle; (3) Alphabetically, under the name of the owner; (4) Under the vehicle title number; and (5) In the discretion of the commissioner, in any other method the commissioner determines. 471 466 JOURNAL OF THE SENATE (b) The commissioner is authorized and empowered to provide for photographic and photostatic recording of certificate of registration records in such manner as he may deem expedient. The photographic or photostatic copies authorized in this subsection shall be admitted in evidence in all actions and proceedings to the same extent that the originals would have been admitted. (c) The motor vehicle registration records which the commissioner is required to maintain under this Code section or any other provision are exempt from the provisions of any law of this state requiring that such records be open for public inspection; provided, however, that, subject to subsection (d) of this Code section, the records of any particular motor vehicle may be available for inspection may be disclosed for use as provided in the federal Drivers Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, and by the following: (1) Any law enforcement officer for official law enforcement investigations or for identifying the registrant of a motor vehicle for purposes of use of a traffic-control signal monitoring device pursuant to subsection (f) of Code Section 40-6-20, as certified by the commanding officer of the law enforcement agency making such request; (2) The owner of the vehicle. When the title or registration records maintained by the commissioner have not been changed to reflect a new owner of the vehicle, proof of proprietary interest must be submitted prior to release of the information; (3) Any judgment creditor of the owner of the vehicle upon the presentation of a fi. fa.; (4) Any individual or an authorized agent or representative of such individual involved in a motor vehicle accident either as an operator of a motor vehicle, a passenger in a motor vehicle, or a pedestrian; (5)(1) Any licensed dealer of new or used motor vehicles; (6) Any person for the purposes of a manufacturers recall; (7)(2) Any tax collector, tax receiver, or tax commissioner; (8)(3) The director of the Environmental Protection Division of the Department of Natural Resources or his or her designee; and (9)(4) Any private person who has met the requirements of Code Section 40-2-25, provided that the information shall be used for the sole purpose of effectuating the registration or renewal of motor vehicles by electronic or similar means and that the private person requesting the information has entered into an agreement to provide electronic services to the commissioner or a county tag agent; provided, further, that the information made available pursuant to this paragraph for such purpose shall be limited to the vehicle identification number, the license tag number, the date of expiration of registration, and the amount of tax owed. (d) The commissioner may, in his or her discretion, authorize the release of registration records to any appropriate governmental official, entity, or agency for the purposes of carrying out official governmental functions or legitimate governmental duties. Except as otherwise required in the federal Drivers Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, personal information furnished under paragraphs (1) through (4) of 472 TUESDAY, FEBRUARY 10, 2004 467 subsection (c) of this Code section shall be limited to the natural persons name, address, and driver identification number. The personal information obtained by a business under this Code section shall not be resold or redisclosed for any purposes other than those permitted under the federal Drivers Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, without the written consent of the individual. Furnishing of information to a business under this Code section shall be pursuant to a contract entered into by such business and the state which specifies the consideration to be paid by such business to the state for such information and the frequency of updates." SECTION 2. Said title is further amended by striking Code Section 40-3-23 of the Official Code of Georgia Annotated, relating to issuance of certificate of title, maintenance of record of certificates issued, public inspection, furnishing records for fee, and publishing statistical reports, and inserting in its place the following: "40-3-23. (a) The commissioner or the commissioners duly authorized county tag agent shall file each application received and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title of the vehicle. (b) The commissioner or the commissioners duly authorized county tag agent shall maintain a record of all certificates of title issued: (1) Under a distinctive title number assigned to the vehicle; (2) Under the identifying number of the vehicle; (3) Alphabetically, under the name of the owner; (4) Under the vehicle tag registration number; and (5) In the discretion of the commissioner, in any other method the commissioner determines. (c) The commissioner or the commissioners duly authorized county tag agent is authorized and empowered to provide for photographic and photostatic recording of certificate of title records in such manner as the commissioner or the commissioners duly authorized county tag agent may deem expedient. The photographic or photostatic copies authorized in this subsection shall be sufficient as evidence in tracing of titles of the motor vehicles designated therein and shall also be admitted in evidence in all actions and proceedings to the same extent that the originals would have been admitted. (d) The motor vehicle records which the commissioner or the commissioners duly authorized county tag agent is required to maintain under this Code section or any other provision are exempt from the provisions of any law of this state requiring that such records be open for public inspection; provided, however, that, subject to subsection (f) of this Code section, the records of any particular motor vehicle may be available for inspection may be disclosed for use as provided in the federal Drivers Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, and by the following: (1) Any law enforcement officer for official law enforcement investigations as certified by the commanding officer of the law enforcement agency making such 473 468 JOURNAL OF THE SENATE request; (2) The owner of the vehicle. When the title or registration records of the department have not been changed to reflect a new owner of the vehicle, proof of proprietary interest must be submitted prior to release of the information; (3) Any judgment creditor of the owner of the vehicle upon the presentation of a fi. fa.; (4) Any individual or an authorized agent or representative of such individual involved in a motor vehicle accident either as an operator of a motor vehicle, a passenger in a motor vehicle, or a pedestrian; (5)(1) Any licensed dealer of new or used motor vehicles; and (6) Any person for the purposes of a manufacturers recall; and (7)(2) Any tax collector, tax receiver, or tax commissioner. (d.1)(e) In addition to any public inspection of records authorized under subsection (d) of this Code section:, (1) Motor motor vehicle records consisting of vehicle description, title status, title brands, last recorded mileage, recorded liens, or recorded security interests which the commissioner or the commissioners duly authorized county tag agent is required to maintain under this Code section shall, in such manner and under such conditions as prescribed by the commissioner, be furnished individually or in bulk to any person upon payment of a reasonable fee, for any purpose not otherwise prohibited by law, including without limitation for the purpose of providing information to allow for informed motor vehicle purchase and safety decisions. Records furnished in accordance with this paragraph subsection may be subsequently transferred to third parties. Personal information of any registrant, including name, address, date of birth, or drivers license or social security number, shall not be furnished or transferred by or to any person pursuant to this paragraph; and subsection. (2) The commissioner may in his or her discretion publish or permit to be published statistical reports from records maintained under this Code section, provided that such reports shall not disclose any natural persons name, address, date of birth, or drivers license or social security number. (e) The commissioner may, in his or her discretion, authorize the release of title records to any appropriate governmental official, entity, or agency for the purposes of carrying out official governmental functions or legitimate governmental duties. (f) Except as otherwise required in the federal Drivers Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, personal information furnished under paragraphs (1) and (2) of subsection (d) of this Code section shall be limited to the natural persons name, address, and driver identification number. The personal information obtained by a business under this Code section shall not be resold or redisclosed for any purposes other than those permitted under the federal Drivers Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, without the written consent of the individual. Furnishing of information to a business under this Code section shall be pursuant to a contract entered into by such business and the state which specifies the consideration to be paid by such business to the state for such information and the frequency of updates." 474 TUESDAY, FEBRUARY 10, 2004 469 SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 43, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay E Collins Y Crotts Y Dean Y Fort Y Gillis Golden Y Hall Y Hamrick Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Lee Y Levetan Y Me V Bremen Y Moody Y Mullis E Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. SB 461, having received the requisite constitutional majority, was passed by substitute. 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. 475 470 JOURNAL OF THE SENATE 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 E Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis E Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 54, nays 0. SB 470, having received the requisite constitutional majority, was passed. 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. 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: 476 TUESDAY, FEBRUARY 10, 2004 471 Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay E Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis E Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 51, nays 0. SR 651, having received the requisite constitutional majority, was adopted. 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, Georgia; in Meriwether County, Georgia; in Stephens County, Georgia; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Harbison Y Harp Y Henson Y Hill Y Seay Y Shafer Y Smith,F Y Smith,P 477 472 JOURNAL OF THE SENATE Y Brown Y Brush Y Bulloch Butler Cagle Y Cheeks Clay E Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Lee N Levetan Y Me V Bremen Y Moody Y Mullis E Price Y Reed Y Seabaugh Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 49, nays 1. SR 652, having received the requisite constitutional majority, was adopted. The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 February 10, 2004 Mr. Robert F. Ewing Assistant Secretary Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Re: Senate Bill 495 Dear Mr. Ewing: I was listed as a sponsor on the above referenced legislation. I write to request that my name be removed as a sponsor of the legislation. There is additional information which I feel I should obtain to be more knowledgeable about the subject matter that or including the scope of citizens it effects and whether or not it effects those within my district which I have been sent up to represent. 478 TUESDAY, FEBRUARY 10, 2004 473 With kindest personal regards, I am Sincerely, /s/ Michael S. Meyer von Bremen Senator Stephens of the 51st moved that the Senate stand adjourned pursuant to HR 944, until 10:00 a.m., Thursday, February 12, 2004; the motion prevailed, and at 12:02 p.m., the President announced the Senate adjourned. 479 474 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, February 12, 2004 Sixteenth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 547. By Representatives Harbin of the 80th and Keen of the 146th: A BILL to amend Code Section 33-9-39 of the Official Code of Georgia Annotated, relating to surcharges for certain public safety employees involved in automobile accidents, so as to remove certain limitations and conditions concerning the prohibition on insurance premium surcharges for certain public safety employees who are involved in automobile accidents; and for other purposes. HB 736. By Representative Heard of the 75th: A BILL to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for periods of limitation with respect to assessment of ad valorem property taxes; and for other purposes. HB 1044. By Representative Coleman of the 118th: A BILL to amend an Act providing a new charter for the City of Cochran, so as to change the corporate boundaries of said city; and for other purposes. 480 THURSDAY, FEBRUARY 12, 2004 475 HB 1089. By Representatives Royal of the 140th and O`Neal of the 117th: A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for additional powers and duties of the Office of Treasury and Fiscal Services; to provide for the lending certain securities by the director of such office; to provide that certain securities lending transactions shall constitute authorized investments by the Georgia State Financing and Investment Commission and the Georgia Environmental Facilities Authority; and for other purposes. HB 1101. By Representative Sims of the 130th: A BILL to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to provider that vermiculture shall be considered a branch of the agricultural industry; and for other purposes. HB 1137. By Representatives Lunsford of the 85th, Post 2, Cummings of the 19th, Brooks of the 47th, Mills of the 67th, Post 2, Burmeister of the 96th and others: A BILL to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities and commissions with regard to the Employees' Retirement System of Georgia, so as to change the designation of the Georgia Indigent Defense Council to Georgia Public Defender Standards Council; and for other purposes. HB 1192. By Representatives Boggs of the 145th and Snow of the 1st: A BILL to amend Article 5 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation nomenclature, so as to change and add definitions; to change provisions relating to permission required for use of the Georgia Bureau of Investigation's nomenclature; and for other purposes. HB 1254. By Representative Channell of the 77th: A BILL to amend Code Section 32-6-193.1 of the Official Code of Georgia Annotated, relating to elimination of grade crossings on public roads and related procedures, so as to provide that railroads shall not have a duty to petition to eliminate any such grade crossings; and for other purposes. 481 476 JOURNAL OF THE SENATE HB 1375. By Representatives Bannister of the 70th, Post 1, Heard of the 70th, Post 3, Mitchell of the 61st, Post 3, Dix of the 70th, Post 2, Williams of the 61st, Post 2 and others: A BILL to amend an Act providing a new charter for the City of Snellville, so as to change provisions relating to vacancies, conflicts of interest, powers, quorum, and voting; to change the powers of the mayor and provide for a city manager and the powers and duties thereof; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 505. By Senators Thompson of the 33rd and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Code Section 36-22-2 of the Official Code of Georgia Annotated, relating to definitions concerning community greenspace preservation, so as to include land used as or dedicated for use as a cemetery within the definition of greenspace; 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 506. By Senators Balfour of the 9th, Moody of the 27th, Kemp of the 46th and Hall of the 22nd: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to prohibit the use and installation of television receivers, screens, or other means of visually receiving a television broadcast or a video signal that produces entertainment or business applications and that is located in the motor vehicle at any point forward of the back of the drivers seat or that is visible to the driver while operating the motor vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety and Homeland Security Committee. SB 507. By Senators Thomas of the 54th, Reed of the 35th, Unterman of the 45th, Thomas of the 2nd, Lee of the 29th and others: A BILL to be entitled an Act 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 enact the "Georgia Smokefree Air Act of 2004"; to prohibit 482 THURSDAY, FEBRUARY 12, 2004 477 smoking in certain facilities and areas; to state findings; to provide for definitions; to provide for exceptions; to provide for posting of signs; to provide for violations, penalties, and state and local government enforcement and administration; to provide for construction; to provide that this prohibition shall be cumulative to other general or local acts, rules, and regulations; to repeal a former prohibition against smoking in public places; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 508. By Senators Jackson of the 50th, Lee of the 29th, Kemp of the 3rd, Shafer of the 48th, Golden of the 8th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Division of Forensic Sciences within the Georgia Bureau of Investigation, so as to designate reports issued by the state crime laboratory as prima-facie evidence of the facts contained in such report; to deem such reports admissible in court without the testimony of the employee who performed the tests and created the report; to allow the defendant to demand that the employee who performed the tests testify; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 509. By Senator Cheeks of the 23rd: A BILL to be entitled an Act to amend an Act entitled "An Act to incorporate the town of Wrens, in the county of Jefferson," approved December 17, 1901 (Ga. L. 1901, p. 722), as amended, so as to provide that the governing authority may establish the compensation of its members in accordance with general law; 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 547. By Representatives Harbin of the 80th and Keen of the 146th: A BILL to amend Code Section 33-9-39 of the Official Code of Georgia Annotated, relating to surcharges for certain public safety employees involved in automobile accidents, so as to remove certain limitations and conditions concerning the prohibition on insurance premium surcharges for certain public 483 478 JOURNAL OF THE SENATE safety employees who are involved in automobile accidents; and for other purposes. Referred to the Insurance and Labor Committee. HB 736. By Representative Heard of the 75th: A BILL to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for periods of limitation with respect to assessment of ad valorem property taxes; and for other purposes. Referred to the Finance Committee. HB 1044. By Representative Coleman of the 118th: A BILL to amend an Act providing a new charter for the City of Cochran, so as to change the corporate boundaries of said city; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1089. By Representatives Royal of the 140th and O`Neal of the 117th: A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for additional powers and duties of the Office of Treasury and Fiscal Services; to provide for the lending certain securities by the director of such office; to provide that certain securities lending transactions shall constitute authorized investments by the Georgia State Financing and Investment Commission and the Georgia Environmental Facilities Authority; and for other purposes. Referred to the Finance Committee. HB 1101. By Representative Sims of the 130th: A BILL to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to provider that vermiculture shall be considered a branch of the agricultural industry; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. 484 THURSDAY, FEBRUARY 12, 2004 479 HB 1137. By Representatives Lunsford of the 85th, Post 2, Cummings of the 19th, Brooks of the 47th, Mills of the 67th, Post 2, Burmeister of the 96th and others: A BILL to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities and commissions with regard to the Employees' Retirement System of Georgia, so as to change the designation of the Georgia Indigent Defense Council to Georgia Public Defender Standards Council; and for other purposes. Referred to the Retirement Committee. HB 1192. By Representatives Boggs of the 145th and Snow of the 1st: A BILL to amend Article 5 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation nomenclature, so as to change and add definitions; to change provisions relating to permission required for use of the Georgia Bureau of Investigation's nomenclature; and for other purposes. Referred to the Public Safety and Homeland Security Committee. HB 1254. By Representative Channell of the 77th: A BILL to amend Code Section 32-6-193.1 of the Official Code of Georgia Annotated, relating to elimination of grade crossings on public roads and related procedures, so as to provide that railroads shall not have a duty to petition to eliminate any such grade crossings; and for other purposes. Referred to the Transportation Committee. HB 1375. By Representatives Bannister of the 70th, Post 1, Heard of the 70th, Post 3, Mitchell of the 61st, Post 3, Dix of the 70th, Post 2, Williams of the 61st, Post 2 and others: A BILL to amend an Act providing a new charter for the City of Snellville, so as to change provisions relating to vacancies, conflicts of interest, powers, quorum, and voting; to change the powers of the mayor and provide for a city manager and the powers and duties thereof; and for other purposes. Referred to the State and Local Governmental Operations Committee. 485 480 JOURNAL OF THE SENATE 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: HB 1117 SR 733 Do Pass Do Pass by substitute Respectfully submitted, Senator Mullis of the 53rd District, Chairman Mr. President: The Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 674 Do Pass Respectfully submitted, Senator Brush of the 24th District, Chairman Mr. President: The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 486 Do Pass Respectfully submitted, Senator Cagle of the 49th District, Chairman Mr. President: The Higher Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 485 Do Pass Respectfully submitted, Senator Hamrick of the 30th District, Chairman 486 THURSDAY, FEBRUARY 12, 2004 481 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 419 SB 439 SB 484 Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Tanksley of the 32nd District, Chairman Mr. President: The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 459 SB 480 Do Pass 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 399 SB 479 Do Pass Do Pass by substitute SB 481 SB 489 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 267 HB 366 HB 739 Do Pass Do Pass Do Pass HB 878 HB 923 HB 976 Do Pass Do Pass Do Pass 487 482 JOURNAL OF THE SENATE HB 746 Do Pass SB 318 Do Pass Respectfully submitted, Senator Hudgens of the 47th 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 595 Do Pass Respectfully submitted, Senator Balfour of the 9th District, Chairman Mr. President: The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1086 SB 482 SB 494 Do Pass by substitute 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 666 Do Pass HB 1104 Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The State Institutions and Property Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 488 THURSDAY, FEBRUARY 12, 2004 483 SB 137 SB 423 Do Pass by substitute Do Pass Respectfully submitted, Senator Thomas of the 2nd District, Chairman Mr. President: The Veterans and Military Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 496 Do Pass Respectfully submitted, Senator Harp of the 16th District, Chairman The following legislation was read the second time: HB 941 HB 1186 SB 467 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 Brown Bulloch Butler Cagle Cheeks Clay Crotts Dean Fort Gillis Golden Hall Harbison Harp Henson Hooks Hudgens Jackson 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 489 484 JOURNAL OF THE SENATE Not answering were Senators: Blitch Hamrick Kemp, R (Excused) Brush Hill Collins Johnson 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 Starr of the 44th introduced the chaplain of the day, Reverend Arthur Powell of Morrow, Georgia, who offered scripture reading and prayer. In recognition of "Georgia Day" at the Capitol and in celebration of the 208th anniversary of the founding of Georgia as a colony, the Senate was treated to a reenactment by General James Oglethorpe and his party of escort. General Oglethorpe addressed the Senate. Senator Johnson of the 1st acknowledged and expressed appreciation for the New Georgia Encyclopedia, commended by SR 625, adopted previously. Dr. Jamil Zainaldin, President of the Georgia Humanitarian Council addressed the Senate briefly. The following resolutions were read and adopted: SR 734. By Senator Smith of the 25th: A RESOLUTION recognizing and commending Mr. Cortez T. Scott; and for other purposes. SR 735. By Senators Thompson of the 33rd and Meyer von Bremen of the 12th: A RESOLUTION commending The Garden Club of Georgia, Inc., and its state-wide membership; and for other purposes. SR 736. By Senators Levetan of the 40th and Adelman of the 42nd: A RESOLUTION commending the Dunwoody Woman's Club; and for other purposes. SR 737. By Senator Adelman of the 42nd: A RESOLUTION commending Daniel Henry Wilson on attaining the rank of 490 THURSDAY, FEBRUARY 12, 2004 485 Eagle Scout; and for other purposes. SR 738. By Senator Adelman of the 42nd: A RESOLUTION commemorating the 100th Anniversary of Congregation Shearith Israel; and for other purposes. SR 739. By Senators Johnson of the 1st, Thomas of the 54th and Unterman of the 45th: A RESOLUTION commending the Georgia Hospital Association on its exceptional service and the occasion of its 75th anniversary; and for other purposes. SR 740. By Senator Crotts of the 17th: A RESOLUTION commending Jason Reginald Turner; and for other purposes. SR 741. By Senator Crotts of the 17th: A RESOLUTION commending Elise Danielle Marshall; and for other purposes. SR 742. By Senator Crotts of the 17th: A RESOLUTION commending Justin Allen Mayhue; and for other purposes. SR 743. By Senator Crotts of the 17th: A RESOLUTION commending Albert Mansfield Thomas; and for other purposes. SR 744. By Senator Crotts of the 17th: A RESOLUTION commending Jared Wicker; and for other purposes. SR 745. By Senator Crotts of the 17th: A RESOLUTION commending Sandra Swindall; and for other purposes. SR 746. By Senator Crotts of the 17th: A RESOLUTION commending David Amick; and for other purposes. 491 486 JOURNAL OF THE SENATE SR 747. By Senator Crotts of the 17th: A RESOLUTION commending Julie Harrison; and for other purposes. SR 748. By Senator Crotts of the 17th: A RESOLUTION commending Gina Moore; and for other purposes. SR 749. By Senator Crotts of the 17th: A RESOLUTION commending Angela Rice; and for other purposes. SR 750. By Senator Cheeks of the 23rd: A RESOLUTION commending Mr. W. S. Morris III and congratulating The Augusta Futurity on the occasion of its 25th anniversary; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Thursday, February 12, 2004 Sixteenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 1104 Williams of the 19th COFFEE COUNTY A BILL to provide that future elections for the office of probate judge of Coffee County shall be nonpartisan elections; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Harbison Y Harp Y Henson Y Seay Y Shafer Smith,F 492 THURSDAY, FEBRUARY 12, 2004 487 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 Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B E Kemp,R Y Lamutt Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Reed Y Seabaugh Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the local legislation, the yeas were 49, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. SENATE RULES CALENDAR THURSDAY, FEBRUARY 12, 2004 SIXTEENTH LEGISLATIVE DAY SB 240 Abortion; proper identification presented to physician; minor's parent or guardian (Amendment)(JUDY-47th) SB 298 Divorce; grounds; extend time frame; effect of legal separation on children; statistics (Substitute)(JUDY-28th) SB 418 Crime; female genital mutilation; punishment; exceptions (Substitute)(JUDY-45th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: 493 488 JOURNAL OF THE SENATE SB 240. By Senators Hudgens of the 47th, Johnson of the 1st, Starr of the 44th, Thomas of the 54th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following amendment: Amend SB 240 by striking line 12 of page 2 and inserting in lieu thereof the following: "minor; or". By striking line 20 of page 2 and inserting in lieu thereof the following: "immediately; or". On the adoption of the amendment, the yeas were 42, nays 0, and the committee amendment was adopted. Senators Butler of the 55th, Stokes of the 43rd, Thomas of the 10th, Levetan of the 40th, Jackson of the 50th and Blitch of the 7th offered the following amendment # 1: Amend SB 240 by inserting immediately following line 13 of page 1 the following: "(2) 'In loco parentis' means a quasi-parental relationship inferred from and implied by the fact that a child or youth has been taken into a family and treated like any other member thereof, unless an express contract exists to the contrary." By striking "(2)" on line 14 of page 1 and inserting in lieu thereof "(3)". By striking "(2)(3)" on line 20 of page 1 and inserting in lieu thereof "(2)(4)". By striking line 22 of page 1 and inserting in lieu thereof the following: "or parents, guardian, person standing in loco parentis, or the juvenile court of competent". By striking lines 7 through 11 of page 2 and inserting in lieu thereof the following: "by a parent, guardian, or person standing in loco parentis and such minor, stating who shall show proper identification and state that such parent, guardian, or person standing in loco parentis is the lawful parent or guardian of such minor, or is the person standing in loco parentis of such minor, and that such parent, guardian, or person standing in loco parentis has been notified that an abortion is to be performed on such". 494 THURSDAY, FEBRUARY 12, 2004 489 By striking line 14 of page 2 and inserting in lieu thereof the following: "telephone, to a parent, guardian, or person standing in loco parentis of the minor, of". By striking lines 23 and 24 of page 2 and inserting in lieu thereof the following: "addressed to a parent, guardian, or person standing in loco parentis of the minor at the usual place of abode of the parent, guardian, or person standing in loco parentis." By striking line 37 of page 2 and line 1 of page 3 and inserting in lieu thereof the following: "(a)(1)(B), or (a)(1)(C) of this Code section, or if the parent, legal guardian, or person standing in loco parentis of such the minor cannot be located, such the minor may petition,". By striking line 14 of page 3 and inserting in lieu thereof the following: "such minors parent, guardian, or person standing in loco parentis; or". By striking line 16 of page 3 and inserting in lieu thereof the following: "guardian or person standing in loco parentis pursuant to Code Section 15-11-112 would". 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 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 E Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Seay N Shafer Y Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa 495 490 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 27, nays 28, and the Butler, et al. amendment # 1 was lost. Senator Adelman of the 42nd offered the following amendment # 2: Amend SB 240 by striking lines 6 through 11 of page 2 and inserting in lieu thereof the following: "(1)(A) The minor seeking an abortion shall furnish a statement, signed by a parent, guardian, or person standing in loco parentis and such minor, stating, or be accompanied by such person who shall state, that such parent, guardian, or person standing in loco parentis is the lawful parent or guardian of such minor, or is the person standing in loco parentis of such minor, and that such parent, guardian, or person standing in loco parentis has been notified that an abortion is to be performed on such". On the adoption of the amendment, the yeas were 15, nays 35, and the Adelman amendment # 2 was lost. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 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 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 N Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh N Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams N Zamarripa 496 THURSDAY, FEBRUARY 12, 2004 491 On the passage of the bill, the yeas were 42, nays 13. SB 240, having received the requisite constitutional majority, was passed as amended. At 12:30 p.m. the President announced that the Senate would stand in recess until 1:30 p.m. At 1:30 p.m. the President called the Senate to order. Senator Johnson of the 1st introduced Senator John Hainkel of Louisiana. The Calendar was resumed. SB 298. By Senators Seabaugh of the 28th, Collins of the 6th, Tanksley of the 32nd and Starr of the 44th: A BILL to be entitled an Act to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to require certain divorcing parents to participate in education classes that focus on the effect of divorce and separation on children; to provide for legislative findings; to provide for the types of persons who can provide the education; to provide for exceptions to the education classes; to provide for the Georgia Superior Court Clerks Cooperative Authority to collect and report statistical information; to change the time limit for granting a divorce on the grounds that the marriage is irretrievably broken; to provide for different time frames for granting divorce based on certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Squires of the 5th moved that SB 298 be committed to the Senate Judiciary Committee. Senator Seabaugh of the 28th objected. 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 Harbison Y Harp Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson Y Seay N Shafer Y Smith,F N Smith,P Y Squires N Starr N Stephens Y Stokes 497 492 JOURNAL OF THE SENATE N Cagle Cheeks N Clay N Collins N Crotts N Dean Fort N Gillis Y Golden N Hall N Hamrick N Kemp,B E Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh 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 31; and the motion to commit lost. The Senate Judiciary Committee offered the following substitute to SB 298: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to require certain divorcing parents to participate in education classes that focus on the effect of divorce and separation on children; to provide for legislative findings; to provide for the types of persons who can provide the education; to provide for exceptions to the education classes; to provide for the Georgia Superior Court Clerks Cooperative Authority to collect and report statistical information; to change the time limit for granting a divorce on the grounds that the marriage is irretrievably broken; to provide for different time frames for granting divorce based on certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, is amended by striking subsection (a) of Code Section 19-5-1, relating to granting total divorces and referral for alternative dispute resolution, and inserting in lieu thereof the following: "(a) Total divorces may be granted in proper cases by the superior court; provided, however, that the parties shall comply with Code Section 19-5-1.1 if it is applicable. Unless an issuable defense is filed as provided by law and a jury trial is demanded in writing by either party on or before the call of the case for trial, in all petitions for divorce and permanent alimony the judge shall hear and determine all issues of law and of fact and any other issues raised in the pleadings." 498 THURSDAY, FEBRUARY 12, 2004 493 SECTION 2. Said chapter is further amended by inserting a new Code section to read as follows; "19-5-1.1. (a) The General Assembly finds that children are the innocent victims of legal separation and divorce and that, when two parties separate or divorce, there is a devastating impact on their children who have had no voice in the decision to disrupt the family. Oftentimes, these children of divorce are negatively affected academically, socially, emotionally, and psychologically as a result of the stress and trauma placed on the family by the separation or divorce and by the associated discord between their parents occasioned by the process. The General Assembly finds that severe emotional trauma to the children can have short-term and long-term negative effects on these children. The General Assembly further finds that parents pursuing legal separation and divorce may be oblivious to or attempt to deny the harm they cause their children through the separation or divorce process. The General Assembly finds that education may benefit parties considering legal separation or divorce by educating them about the short-term and long-term negative effects that such a decision may have on their children. Accordingly, the General Assembly determines and declares that it is in the best interests of the children, families, and citizens of the State of Georgia to require that, in most cases, parties to a legal separation or divorce proceeding filed pursuant to this chapter or Chapter 6 of this title who have children younger than 18 years of age or who are expecting a child undertake, within 20 days of the filing of the answer to the petition, education classes focusing on the current and future potential negative impact on children of separation or divorce. (b)(1) Except as otherwise provided in subsection (c) of this Code section, in proceedings pursuant to this chapter in which there are dependent children of the marriage who are younger than 18 years of age or in which the wife is pregnant, the court shall order the parties seeking legal separation or divorce to participate in education classes of their choice, focusing substantially on the potential impact of separation or divorce on children. (2) The parties shall commence such education classes within 20 days after the filing of the answer to the petition for legal separation or divorce. (3) The education classes shall be provided to parties in each judicial circuit by one or more of the following: (A) A marriage and family therapist, social worker, or professional counselor licensed pursuant to Chapter 10A of Title 43 or psychologist licensed pursuant to Chapter 39 of Title 43; (B) An unlicenced therapist acting under the supervision of a licensed marriage and family therapist, licensed psychologist, licensed social worker, or licensed professional counselor; (C) A member of the clergy; or (D) A person acting under the supervision of a member of the clergy. (4) Persons providing the education classes may use the curriculum developed by the Georgia Board of Professional Counselors, Social Workers, and Marriage and Family 499 494 JOURNAL OF THE SENATE Therapists or such other curriculum that focuses specially on the impact of legal separation and divorce on children. (5) The education classes shall commence within 20 days after the filing of the answer to the petition for legal separation or divorce and shall consist of a minium total of four hours after the filing of the answer to the petition, unless the parties reconcile prior to completion of the education classes. Counseling in which the parties have participated at any time within six months prior to the filing of the answer to the petition shall also count toward the hourly requirements set forth in this paragraph, if such counseling focused substantially on the potential impact on children of separation or divorce. The parties may elect to participate in the education classes together or separately. Whether the parties participate in the education classes together or separately, each party shall participate for a total of four hours. (6) After a party has successfully completed the education classes, the person providing the education classes shall provide the participating party with a certificate of completion or a letter of verification or some other written documentation indicating successful completion of the education classes. The person providing education classes shall also provide to the party a list of resources for mental health counseling, marital counseling, child counseling, and other support services that may be available in the community to the party and the partys children. (7) The court may provide indigent parties alternatives as may be necessary to enable a party to obtain the education required by this Code section. (c) The parties may elect to attend the education classes together unless one of the following circumstances exist: (1) A protective order has been issued against one of the parties pursuant to Article 1 of Chapter 13 of this title; (2) There have been allegations of violence within the marriage; or (3) One of the parties prefers to attend the education class without his or her spouse. (d) The court shall not require the education classes prescribed in subsection (b) of this Code section if: (1) Service of process was satisfied by publication and the whereabouts of one of the parties cannot be determined; (2) One of the parties to the marriage at the time of the action is serving a sentence in the Department of Corrections; (3) The youngest child of the parties is within six months of his or her eighteenth birthday; (4) One of the parties to the proceeding does not live in this state; or (5) The parties have been living separate and apart for more than five years. (e) If the petition for legal separation or divorce is not dismissed, the costs, if any, associated with the education classes required by subsection (b) of this Code section shall be paid by the participating parties in accordance with each partys ability to pay, as the court deems appropriate. (f)(1) The Georgia Superior Court Clerks Cooperative Authority shall track the following: 500 THURSDAY, FEBRUARY 12, 2004 495 (A) The total number of petitions for divorce filed each year in each judicial circuit; (B) The total number of petitions for legal separation filed each year in each judicial circuit; (C) The total number of decrees for divorce per 1,000 Georgia citizens entered each year in each judicial circuit; (D) The total number of decrees for divorce involving minor children per 1,000 Georgia citizens entered each year in each judicial circuit; (E) The total number of decrees of legal separation per 1,000 Georgia citizens entered each year in each judicial circuit; (F) The total number of decrees of legal separation involving minor children per 1,000 Georgia citizens entered each year in each judicial circuit; (G) The average number of minor children involved in the cases reported pursuant to subparagraphs (D) and (E) of this paragraph; and (H) The total number of divorce and legal separation cases dismissed each year in each judicial circuit. (2) The Georgia Superior Court Clerks Cooperative Authority shall report to the members of the General Assembly the information it collects pursuant to paragraph (1) of this subsection, commencing January 1, 2005. (3) Prior to July 1, 2006, the members of the Judiciary Committees of the House of Representative and Senate shall review the statistics collected by the Georgia Superior Court Clerks Cooperative Authority pursuant to this subsection and review the appropriateness of continuing the requirements specified in this subsection." SECTION 3. Said chapter is further amended by striking paragraph (13) of Code Section 19-5-3, relating to grounds for divorce, and inserting in lieu thereof the following: "(13) The marriage is irretrievably broken. Under no circumstances shall the court grant a divorce on this ground until not less than 30 120 days from the date of service on the respondent and as further provided in Code Section 19-5-3.1." SECTION 4. Said chapter is further amended by inserting a new Code section to follow Code Section 19-5-3, relating to grounds for divorce, to read as follows: "19-5-3.1. (a) A court shall grant a divorce only after 120 days from the date of service on the respondent where the parties do not have children who are 18 years of age or younger, except as provided in subsection (c) of this Code section. (b) A court shall grant a divorce only after 180 days from the date of service on the respondent where the parties have children who are younger than 18 years of age, except as provided in subsection (c) of this Code section. (c) The waiting periods provided by this Code section shall be waived where either party has obtained a protective order pursuant to Article 1 of Chapter 13 of this title." 501 496 JOURNAL OF THE SENATE SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senators Seabaugh of the 28th and Starr of the 44th offered the following amendment # 1: Amend the Senate Judiciary Committee substitute to SB 298 by striking lines 5 and 6 of page 1 and inserting in lieu thereof the following: "to the education classes; to change the time limit for granting". By inserting quotation marks at the end of line 4 of page 4 and striking all matter on lines 5 through 28 of page 4. On the adoption of the amendment, the yeas were 39, nays 0, and the Seabaugh, Starr amendment # 1 was adopted. Senators Tanksley of the 32nd and Unterman of the 45th offered the following amendment # 2: Amend the Committee Substitute to SB 298 by deleting the period after the word "title" on line 12 of page 5 and adding the words "or where either party alleges in a verified petition or verified answer or verified responsive pleading specific facts establishing probable cause that family violence as defined by Code Section 19-13-1 has occurred in the past." On the adoption of the amendment, the yeas were 40, nays 0, and the Tanksley, Unterman amendment # 2 was adopted. Senator Thomas of the 10th offered the following amendment # 3: Amend the Senate Judiciary Committee substitute to SB 298 by striking lines 34 and 35 of page 2 and inserting in lieu thereof the following: "(C) A qualified member of the clergy; or (D) A qualified person acting under the supervision of a member of the clergy." On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman N Balfour Y Blitch N Bowen Y Brown Y Harbison Y Harp Y Henson N Hill Y Hooks Y Seay N Shafer Y Smith,F N Smith,P Y Squires 502 THURSDAY, FEBRUARY 12, 2004 497 N Brush N Bulloch Y Butler N Cagle Cheeks N Clay N Collins N Crotts Y Dean Y Fort Y Gillis Y Golden N Hall N Hamrick N Hudgens Y Jackson N Johnson N Kemp,B E Kemp,R N Lamutt N Lee Y Levetan Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 26, nays 27, and the Thomas of the 10th amendment # 3 was lost. Senator Thompson of the 33rd asked unanimous consent that the Senate reconsider its action in defeating the Thomas of the 10th amendment # 3. Senator Seabaugh of the 28th objected. Senator Thompson of the 33rd moved that the Senate reconsider its action in defeating the Thomas of the 10th amendment #3. 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 Cheeks N Clay N Collins N Crotts Y Dean Y Fort Y Harbison Y Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson Y Kemp,B E Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody Y Seay N Shafer Y Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes N Tanksley Y Tate N Thomas,D Y Thomas,N Thomas,R Y Thompson N Tolleson 503 498 JOURNAL OF THE SENATE Y Gillis Y Golden N Hall N Hamrick N Mullis N Price Y Reed N Seabaugh N Unterman N Williams Y Zamarripa On the motion, the yeas were 26, nays 26, and the motion to reconsider the Thomas of the 10th amendment # 3 lost. Senator Thomas of the 2nd announced an error with her voting machine, which did not record her vote. Senator Seabaugh of the 28th withdrew his objection and by unanimous consent the Thomas of the 10th amendment # 3 was reconsidered. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman N Balfour Y Blitch Bowen Y Brown N Brush N Bulloch Y Butler N Cagle Cheeks N Clay N Collins N Crotts Y Dean Y Fort Y Gillis Y Golden N Hall Y Hamrick Y Harbison Y Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B E Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Seay N Shafer Y Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 28, nays 25, and the Thomas of the 10th amendment # 3 was adopted. Senator Clay of the 37th offered the following amendment # 4: Amend the Senate Committee Substitute to SB 298 by adding on page 3 at line 20 a new 504 THURSDAY, FEBRUARY 12, 2004 499 section (7) that reads "The court shall either provide payment for indigent parties to complete the education classes required by this Code section or shall waive such requirement." and striking the existing section (7) On the adoption of the amendment, the yeas were 43, nays 0, and the Clay amendment # 4 was adopted. Senator Thompson of the 33rd offered the following amendment # 5: Amend the Committee Substitute to SB 298 by adding on page (5) section four a new subsection (c) to read as follows: Each party 24 hours prior to a divorce being granted must notify, in writing, their parents (if living). Further this Act upon being sign by the Governor or upon becoming law without his signature shall be retroactive. Senator Thompson of the 33rd asked unanimous consent that his amendment # 5 be withdrawn. The consent was granted, and the amendment was withdrawn. On the adoption of the substitute, the yeas were 37, nays 1, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: N Adelman Y Balfour Y Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Cheeks Y Clay Y Collins N Crotts Y Dean N Fort N Harbison N Harp N Henson Y Hill Y Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B E Kemp,R Y Lamutt Y Lee N Levetan N Me V Bremen Y Moody N Seay Y Shafer N Smith,F Y Smith,P N Squires Y Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R Y Thompson Y Tolleson 505 500 JOURNAL OF THE SENATE Y Gillis N Golden Y Hall Y Hamrick Y Mullis Y Price N Reed Y Seabaugh Y Unterman Y Williams N Zamarripa On the passage of the bill, the yeas were 33, nays 21. SB 298, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Resolution of the House: HR 1266. By Representatives Skipper of the 116th, Smyre of the 111th, Porter of the 119th and Buck of the 112th: A RESOLUTION relative to adjournment; and for other purposes. Senator Smith of the 52nd asked unanimous consent that Senator Lee of the 29th be excused. The consent was granted, and Senator Lee was excused. 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 Brown of the 26th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused. 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. The Senate Judiciary Committee offered the following substitute to SB 418: A BILL TO BE ENTITLED 506 THURSDAY, FEBRUARY 12, 2004 501 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, is amended by adding a new Code Section 16-5-26 to read as follows: "16-5-26. (a) Any person: (1) Who knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of a female; (2) Who is a parent, guardian, or has immediate custody or control of a female under the age of 18 years and knowingly consents or permits to the circumcision, excision, or infibulation, in whole or in part, of the labia majora, labia minora, or clitoris of such female; or (3) Who knowingly removes or causes or permits the removal of a female under the age of 18 years from this state for the purpose of circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of such female shall be guilty of female genital mutilation. (b) A person convicted of female genital mutilation shall be punished by imprisonment for not less than one nor more than 20 years. (c) This Code section shall not apply to procedures performed by or under the direction of a physician, a registered professional nurse, or a licensed practical nurse licensed pursuant to Chapter 34 or 26, respectively, of Title 43 when necessary to preserve the physical health of the female or during or after labor or childbirth for medical reasons connected with the labor or childbirth. (d) Consent of the female under the age of 18 years or the parent, guardian, or custodian of the female under the age of 18 years shall not be a defense to the offense of female genital mutilation. Neither ritual, custom, nor standard practice shall be a defense to the offense of female genital mutilation." SECTION 2. This Act shall become effective on July 1, 2004, and shall apply to all offenses committed on or after such date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 507 502 JOURNAL OF THE SENATE Senator Thomas of the 10th offered the following amendment: Amend the Senate Judiciary Committee substitute to SB 418 by inserting on line 2 of page 1 after the word and symbol "mutilation;" the words "to provide a short title;". By redesignating Sections 1, 2, and 3 as Sections 2, 3, and 4, respectively and by adding a new Section 1 to read as follows: "SECTION 1. This Act shall be known and may be cited as the 'Amirah Joyce Adem Act'." On the adoption of the amendment, the yeas were 37, nays 0, and the Thomas of the 10th 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 Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis E Golden Y Hall 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 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 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 52, nays 0. 508 THURSDAY, FEBRUARY 12, 2004 503 SB 418, having received the requisite constitutional majority, was passed by substitute. The following resolution was read and adopted: SR 759. By Senators Johnson of the 1st, Stephens of the 51st, Meyer von Bremen of the 12th and Balfour of the 9th: A RESOLUTION congratulating Honorable Tommie Williams; and for other purposes. Serving as doctor of the day was Dr. Stephen Holbrook. The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 February 12, 2004 Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, GA 30334 RE: 495 Dear Frank: Please remove my name as a sponsor for Senate Bill 495; Georgia Minimum Wage Law. Thank you. Sincerely, /s/ Terrell Starr Senator Stephens of the 51st moved that the Senate adjourn until 9:00 a.m., Friday, February 13, 2004. The motion prevailed, and the President announced the Senate adjourned at 3:26 p.m. 509 504 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, February 13, 2004 Seventeenth Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 617. By Representatives Graves of the 106th, Childers of the 13th, Post 1, Wilkinson of the 41st and Watson of the 60th, Post 2: A BILL to amend Article 7 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to clinical perfusionist licensure, so as to change the period of time for which a provisional license shall be valid; to provide for licensure of provisional licensees; to provide for revocation of a provisional license for failure to meet certain licensure requirements; and for other purposes. HB 1103. By Representatives Royal of the 140th, Coleman of the 118th, Sims of the 130th and Borders of the 142nd: A BILL to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide for notification of impending expiration of covenants regarding such property; and for other purposes. 510 FRIDAY, FEBRUARY 13, 2004 505 HB 1125. By Representatives Hugley of the 113th, Hill of the 81st, Jordan of the 83rd, Dix of the 70th, Post 2, Buckner of the 109th 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 make certain changes relating to local school board policies regarding bullying in student codes of conduct; and for other purposes. HB 1141. By Representatives Childers of the 13th, Post 1, Graves of the 106th, Parrish of the 102nd, Hembree of the 46th, Henson of the 55th and others: A BILL to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to revise certain definitions; to revise certain provisions relating to acts which constitute the practice of dentistry; to revise certain provisions relating to conscious sedation; to provide for an additional means to receive a license to practice dentistry; and for other purposes. HB 1311. By Representative Powell of the 23rd: A BILL to amend Code Section 43-40-25 of the Official Code of Georgia Annotated, relating to violations of provisions relating to licensure of real estate brokers, associate brokers, and salespersons and unfair trade practices, so as to provide that the conducting of a real estate closing by a licensee who is not an attorney at law constitutes an unfair trade practice; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority, the following Bill of the Senate: SB 157. By Senators Cheeks of the 23rd, Cagle of the 49th, Starr of the 44th and Stephens of the 51st: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; 511 506 JOURNAL OF THE SENATE to provide for related matters; to repeal conflicting laws; and for other purposes. The House has rejected the report of the Second Committee of Conference on the following Bill of the House: HB 237. By Representatives Hanner of the 133rd, McCall of the 78th, Royal of the 140th, Smith of the 87th and Powell of the 23rd: A BILL to amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to provide for certain powers and duties related to water resources; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawn by certain irrigation systems; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 510. By Senators Harp of the 16th, Smith of the 52nd, Williams of the 19th, Kemp of the 46th, Clay of the 37th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Community Affairs, so as to require the Department of Community Affairs to investigate and refer for prosecution cases of Section 8 housing fraud and abuse; to provide for administrative and civil remedies; to provide for certain investigative powers; to provide for pretrial diversion under certain circumstances for persons accused of Section 8 fraud or abuse; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 511. By Senators Bulloch of the 11th, Hill of the 4th, Seabaugh of the 28th, Balfour of the 9th, Gillis of the 20th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change certain provisions relating to treatment of agricultural facilities and operations as nuisances; to provide that certain 512 FRIDAY, FEBRUARY 13, 2004 507 agricultural support facilities shall not be or become nuisances due to changed conditions in or around the locations of such facilities; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 512. By Senator Balfour of the 9th: A BILL to be entitled an Act to amend Code Section 17-12-36 of the Official Code of Georgia Annotated, relating to establishment of alternate indigent defense delivery systems, so as to change certain provisions regarding requirements of such alternate delivery systems; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 513. By Senators Balfour of the 9th, Price of the 56th, Hamrick of the 30th, Hall of the 22nd and Kemp of the 46th: A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for the revision of provisions regarding the sale or dispensing of contact lenses; to provide that contact lenses may be sold or dispensed in this state only by licensed providers; to provide for violations and for civil and criminal enforcement; to change provisions relating to the duties and obligations of contact lens prescribers; to change certain provisions relating to prescriptions; to provide for conformity with federal law; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 514. By Senators Cagle of the 49th, Starr of the 44th and Lee of the 29th: A BILL to be entitled an Act to amend Code Section 50-17-23 of the Official Code of Georgia Annotated, relating to general obligation and guaranteed revenue debts, so as to authorize the issuance of general obligation bonds bearing interest at variable rates; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. . Referred to the Finance Committee. 513 508 JOURNAL OF THE SENATE SB 515. By Senators Cagle of the 49th, Starr of the 44th and Lee of the 29th: A BILL to be entitled an Act to amend Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state debt, investment, and depositories, so as to provide for the issuance of cap, collar, swap, and other derivative transactions regarding interest rates that hedge interest rate risk with respect to the issuance of certain bonds; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Georgia State Financing and Investment Commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 516. By Senators Zamarripa of the 36th, Williams of the 19th, Johnson of the 1st, Brown of the 26th and Harbison of the 15th: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to provide that the authority shall implement a program to provide for the development and expansion of streetcar transportation and attendant economic and community development opportunities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 517. By Senators Smith of the 52nd, Lee of the 29th, Shafer of the 48th, Gillis of the 20th, Starr of the 44th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 21 and Titles 36, 42, and 45 of the O.C.G.A., relating, respectively, to ethics in government; local government; penal institutions; and public officers, so as to provide for the comprehensive revision of provisions regarding ethics and conflicts of interest; to provide for and change certain definitions; to change certain provisions relative to declaration of policy; to provide for the timely issuance of advisory opinions by the State Ethics Commission and other matters relative to advisory opinions; to provide for penalties; to provide for restrictions on the Governors appointment power under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. 514 FRIDAY, FEBRUARY 13, 2004 509 SB 518. By Senators Harp of the 16th, Lee of the 29th, Tanksley of the 32nd, Moody of the 27th, Hall of the 22nd and others: A BILL to be entitled an Act to amend Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings of the "Georgia Civil Practice Act," so as to provide for an offer of judgment; to provide for matters relating to an offer of judgment, including time limitations, methods of service, withdrawal and acceptance of offers, admissibility of an offer, and court costs; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 519. By Senators Stokes of the 43rd, Henson of the 41st and Tate of the 38th: 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 require that, prior to or at the time of a person making application for a building permit to a county or municipal corporation, such person must post a notice of what is sought to be constructed on the property; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 520. By Senators Brown of the 26th, Thompson of the 33rd, Meyer von Bremen of the 12th, Butler of the 55th, Tate of the 38th and others: 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 residency requirements for HOPE eligibility shall be established by the Georgia Student Finance Commission; to amend Article 1 of Chapter 27 of Title 50 of the O.C.G.A., relating to general provisions of the lottery for education; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. 515 510 JOURNAL OF THE SENATE SB 521. By Senators Price of the 56th, Johnson of the 1st and Stephens of the 51st: A BILL to be entitled an Act to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state house districts; to provide for the number of Representatives; to provide for certain qualifications; to provide for the election of Representatives; to provide when the Representatives elected shall take office; to provide for the continuation of the present representative districts until a certain time; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Reapportionment and Redistricting Committee. SB 522. By Senators Price of the 56th, Johnson of the 1st and Stephens of the 51st: A BILL to be entitled an Act to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; to provide for the election of Senators; to provide when the Senators elected shall take office; to provide for the continuation of present senatorial districts until a certain time; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Reapportionment and Redistricting Committee. SR 754. By Senators Balfour of the 9th, Stephens of the 51st and Johnson of the 1st: A RESOLUTION encouraging state agencies to utilize consulting services in connection with information technology projects and contracts; and for other purposes. Referred to the Science and Technology Committee. SR 755. By Senators Harp of the 16th, Tolleson of the 18th, Gillis of the 20th, Williams of the 19th and Hooks of the 14th: A RESOLUTION urging the Congress of the United States to consider creating a national preserve or other similar federal property to protect land and other 516 FRIDAY, FEBRUARY 13, 2004 511 natural resources in a continuous corridor of the Ocmulgee and Altamaha Rivers in central and south Georgia; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 760. By Senators Kemp of the 46th, Zamarripa of the 36th, Tate of the 38th and Hamrick of the 30th: A RESOLUTION creating the Joint Early Learning Initiative Commission; and for other purposes. Referred to the Children and Youth Committee. The following House legislation was read the first time and referred to committee: HB 617. By Representatives Graves of the 106th, Childers of the 13th, Post 1, Wilkinson of the 41st and Watson of the 60th, Post 2: A BILL to amend Article 7 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to clinical perfusionist licensure, so as to change the period of time for which a provisional license shall be valid; to provide for licensure of provisional licensees; to provide for revocation of a provisional license for failure to meet certain licensure requirements; and for other purposes. Referred to the Health and Human Services Committee. HB 1103. By Representatives Royal of the 140th, Coleman of the 118th, Sims of the 130th and Borders of the 142nd: A BILL to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide for notification of impending expiration of covenants regarding such property; and for other purposes. Referred to the Finance Committee. HB 1125. By Representatives Hugley of the 113th, Hill of the 81st, Jordan of the 83rd, Dix of the 70th, Post 2, Buckner of the 109th 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 make certain changes relating to local school board policies regarding bullying in 517 512 JOURNAL OF THE SENATE student codes of conduct; and for other purposes. Referred to the Education Committee. HB 1141. By Representatives Childers of the 13th, Post 1, Graves of the 106th, Parrish of the 102nd, Hembree of the 46th, Henson of the 55th and others: A BILL to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to revise certain definitions; to revise certain provisions relating to acts which constitute the practice of dentistry; to revise certain provisions relating to conscious sedation; to provide for an additional means to receive a license to practice dentistry; and for other purposes. Referred to the Health and Human Services Committee. HB 1311. By Representative Powell of the 23rd: A BILL to amend Code Section 43-40-25 of the Official Code of Georgia Annotated, relating to violations of provisions relating to licensure of real estate brokers, associate brokers, and salespersons and unfair trade practices, so as to provide that the conducting of a real estate closing by a licensee who is not an attorney at law constitutes an unfair trade practice; and for other purposes. Referred to the Regulated Industries and Utilities Committee. The following committee reports were read by the Secretary: Mr. President: The Ethics Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 396 SB 446 Do Pass by substitute Do Pass Respectfully submitted, Senator Crotts of the 17th District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration 518 FRIDAY, FEBRUARY 13, 2004 513 the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1120 HB 1121 SB 499 Do Pass Do Pass Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman The following legislation was read the second time: HB 366 HB 739 HB 746 HB 878 HB 923 HB 976 HB 1086 HB 1117 SB 318 SB 399 SB 419 SB 423 SB 439 SB 459 SB 479 SB 480 SB 481 SB 482 SB 484 SB 485 SB 486 SB 489 SB 494 SB 496 SR 595 SR 674 SR 733 Senator Squires of the 5th asked unanimous consent that Senator Smith of the 25th be excused. The consent was granted, and Senator Smith was excused. Senator Johnson of the 1st asked unanimous consent that Senator Crotts of the 17th be excused. The consent was granted, and Senator Crotts was excused. Senator Stephens of the 51st asked unanimous consent that Senator Price of the 56th be excused. The consent was granted, and Senator Price was excused. 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 Hamrick of the 30th asked unanimous consent that Senator Tanksley of the 32nd be excused. The consent was granted, and Senator Tanksley was excused. Senator Seabaugh of the 28th asked unanimous consent that Senator Zamarripa of the 36th be excused. The consent was granted, and Senator Zamarripa was excused. Senator Seabaugh of the 28th asked unanimous consent that Senator Moody of the 27th be excused. The consent was granted, and Senator Moody was excused. Senator Kemp of the 46th asked unanimous consent that Senator Tolleson of the 18th be excused. The consent was granted, and Senator Tolleson was excused. 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. 519 514 JOURNAL OF THE SENATE Senator Harp of the 16th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Blitch Bowen Brown Brush Bulloch Butler Cheeks Clay Collins Dean Fort Gillis Hall Hamrick Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Lamutt Lee Levetan Me V Bremen Mullis Seabaugh Seay Shafer Smith,P Squires Starr Stephens Stokes Tate Thomas,D Thomas,N Thomas,R Unterman Not answering were Senators: Cagle Harbison (Excused) Price (Excused) Tanksley (Excused) Williams Crotts (Excused) Kemp, R (Excused) Reed Thompson Zamarripa (Excused) Golden (Excused) Moody (Excused) Smith, F (Excused) Tolleson (Excused) Senator Reed of the 35th was off the floor of the Senate when the roll was called and wishes to be recorded as present. The members pledged allegiance to the flag. Senator Clay of the 37th introduced the chaplain of the day, Dr. Bryant Wright of Marietta, Georgia, who offered scripture reading and prayer. Senator Hill of the 4th introduced 4-H members in honor of 4-H Day at the Capitol, commended by SR 599, adopted previously. State 4-H President Nekeisha Randall addressed the Senate briefly. Senator Seay of the 34th introduced the doctor of the day, Dr. Michael Robinowitz. 520 FRIDAY, FEBRUARY 13, 2004 515 Senator Bulloch of the 11th introduced 4-H Member Chris Orso, commended by SR 654, adopted previously. Senator Bulloch of the 11th introduced 4-H Member Lee Davis, commended by SR 655, adopted previously. The following resolutions were read and adopted: SR 751. By Senator Cheeks of the 23rd: A RESOLUTION commending and recognizing Mr. Jerry Lacy, Sr., and family for their many contributions to fine mens fashion and design; and for other purposes. SR 752. By Senator Dean of the 31st: A RESOLUTION recognizing Mary Pledger; and for other purposes. SR 753. By Senator Harbison of the 15th: A RESOLUTION commending Honorable Joe Keshi, Consul-General of Nigeria, and recognizing Africa Day at the capitol; and for other purposes. SR 756. By Senators Thomas of the 54th and Stephens of the 51st: A RESOLUTION commending and recognizing Dr. Garland Pinholster on his many personal accomplishments and contributions to the State of Georgia; and for other purposes. SR 757. By Senator Stephens of the 51st: A RESOLUTION honoring and commending Mr. John Larry Black; and for other purposes. SR 758. By Senators Reed of the 35th, Seay of the 34th, Zamarripa of the 36th and Thompson of the 33rd: A RESOLUTION honoring and commending Mr. Jamal Lewis; and for other purposes. 521 516 JOURNAL OF THE SENATE SR 761. By Senators Henson of the 41st, Tate of the 38th, Stokes of the 43rd, Johnson of the 1st, Golden of the 8th and others: A RESOLUTION commending Mr. Ted Turner and Teds Montana Grill; and for other purposes. SR 762. By Senators Henson of the 41st, Clay of the 37th, Stokes of the 43rd, Tate of the 38th, Johnson of the 1st and others: A RESOLUTION commending Mr. George McKerrow, Jr., and Teds Montana Grill; and for other purposes. SR 763. By Senators Henson of the 41st, Tate of the 38th, Adelman of the 42nd and Stokes of the 43rd: A RESOLUTION recognizing dental hygienists and Dental Hygienists Appreciation Day; and for other purposes. SR 764. By Senator Dean of the 31st: A RESOLUTION commending the Cedartown High School competition cheerleaders; 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 13, 2004 Seventeenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 499 Mullis of the 53rd CATOOSA COUNTY 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 522 FRIDAY, FEBRUARY 13, 2004 517 provide for a nonbinding advisory referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1120 Gillis of the 20th JOHNSON COUNTY 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 Gillis of the 20th JOHNSON COUNTY 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. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Hamrick Y Harbison Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B E Kemp,R Y Lamutt Y Lee Levetan Y Me V Bremen Y Moody Y Mullis E Price Y Reed Y Seabaugh Seay Y Shafer E Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Tate Y Thomas,D Thomas,N Thomas,R Y Thompson E Tolleson Y Unterman Williams Zamarripa 523 518 JOURNAL OF THE SENATE On the passage of the local legislation, the yeas were 41, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following resolution was taken up to consider House action thereto: SR 66. By Senator Brown of the 26th: A RESOLUTION designating the William S. Hutchings Bridge at the Interstate 75 South and SR 74 interchange in Macon; and for other purposes. The House amendment was as follows: Amend SR 66 by inserting immediately above line 1 of page 1 the following: "PART I" By inserting following line 20 of page 1 the following: "PART II Designating the Judge Jim Weeks Intersection; and for other purposes. WHEREAS, Judge Jim Weeks is an outstanding and distinguished Georgian and resident of DeKalb County who has resided in the state for 43 years; and WHEREAS, Judge Jim Weeks has served as an exemplary judge for over 20 years, as a superior court judge for the Stone Mountain Judicial Circuit from 1982-2000 and as a senior judge for the State of Georgia since 2000; and WHEREAS, he has many ties to the DeKalb and Atlanta areas and, since receiving his LLB from Emory University in 1961 and his law degree from Emory University in 1970, he has worked in private practice in Atlanta and Decatur for 21 years, served as the County Attorney for DeKalb County, Special Assistant Attorney General, and Assistant City Attorney for the City of Atlanta; and WHEREAS, it is fitting and proper that the numerous contributions and achievements of this exceptional Georgian be appropriately recognized. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of LaVista Road, State Route 236, and Oak Grove Road in DeKalb County is designated the Judge Jim Weeks Intersection. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and 524 FRIDAY, FEBRUARY 13, 2004 519 directed to place and maintain appropriate signs designating such intersection. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Judge Jim Weeks and the Department of Transportation." Senator Brown of the 26th moved that the Senate agree to the House amendment as amended by the following amendment: Amend the House Amendment (AM 21 2226) to SR 66 as follows: By striking line 2 of page 1 through line 3 of page 2 and inserting in lieu thereof the following: "Amend SR 66 by striking lines 1 through 20 of page 1 and inserting in lieu thereof the following: 'Designating certain portions of the state highway system; repealing part of a certain resolution naming a portion of the state highway system; and for other purposes. PART I Part I of a Resolution Designating the Thelma "T-Lady" Ross Bridge at the Interstate 75 South and U.S. 80 interchange in Macon, approved June 4, 2003 (Ga. L. 2003, p. 934), is hereby repealed. PART II WHEREAS, Thelma Daniels Ross, known affectionately as "T-Lady," served Mercer University for 52 years until she passed from this life on August 12, 2001; and WHEREAS, with her passing, Mercer has lost one of its truly great treasures whose name became synonymous with that of the university; and WHEREAS, whether she was working in the dining hall or the snack bar which she ultimately managed, she gave unselfishly to the university and the students she loved; and WHEREAS, she was a strong proponent of scholarship and academic achievement, and she stressed the importance of education to all students she encountered; and WHEREAS, it is only fitting and proper that her memory be honored by the General Assembly. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge at the Interstate 75 South and SR 74 interchange in Macon is 525 520 JOURNAL OF THE SENATE designated the Thelma "T-Lady" Ross Bridge, and the Department of Transportation is authorized and directed to erect and maintain signs so identifying the bridge. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the family of Thelma Daniels Ross. PART III WHEREAS, William S. "Bill" Hutchings was a pillar of the Macon community, whose influence touched numerous aspects of community life from education to business; and WHEREAS, he owned and managed one of the oldest black businesses in Bibb County, and he served many years on the Bibb County Board of Education; and WHEREAS, he served in the U.S. Army during World War II and afterwards graduated from Lincoln University and Atlanta College of Mortuary Science; and WHEREAS, he was the first African American to be elected county-wide in Bibb County since Reconstruction, the first African American to be appointed to the Georgia State Board of Funeral Services, and the first African American to serve as president of such board; and WHEREAS, Mr. Hutchings passed from this life on December 8, 2000, and it is only fitting and proper that his memory be honored by the General Assembly. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge at the Interstate 75 South and U.S. 80 interchange in Macon is designated the William S. Hutchings Bridge, and the Department of Transportation is authorized and directed to erect and maintain signs so identifying the bridge. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the family of William S. Hutchings. PART IV WHEREAS, Judge Jim Weeks is an outstanding and distinguished Georgian and resident of DeKalb County who has resided in the state for 43 years; and WHEREAS, Judge Jim Weeks has served as an exemplary judge for over 20 years, as a superior court judge for the Stone Mountain Judicial Circuit from 1982-2000 and as a senior judge for the State of Georgia since 2000; and 526 FRIDAY, FEBRUARY 13, 2004 521 WHEREAS, he has many ties to the DeKalb and Atlanta areas and, since receiving his LLB from Emory University in 1961 and his law degree from Emory University in 1970, he has worked in private practice in Atlanta and Decatur for 21 years, served as the County Attorney for DeKalb County, Special Assistant Attorney General, and Assistant City Attorney for the City of Atlanta; and WHEREAS, it is fitting and proper that the numerous contributions and achievements of this exceptional Georgian be appropriately recognized. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of LaVista Road, State Route 236, and Oak Grove Road in DeKalb County is designated the Judge Jim Weeks Intersection. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs designating such intersection. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Judge Jim Weeks and the Department of Transportation.'" 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 E Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B 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 E Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Tanksley Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson E Tolleson Y Unterman Williams Zamarripa 527 522 JOURNAL OF THE SENATE On the motion, the yeas were 44, nays 0, the motion prevailed; and the Senate agreed to the House amendment to SR 66 as amended. Senators Tolleson of the 18th and Harp of the 16th introduced Major General Donald J. Wetekam, commended by SR 629, adopted previously. Major General Wetekam addressed the Senate briefly. SENATE RULES CALENDAR FRIDAY, FEBRUARY 13, 2004 SEVENTEENTH LEGISLATIVE DAY SB 467 Cruelty to children; redefine; criminal negligence, serious injury; penalties (Substitute)(JUDY-29th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee 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 Hall of the 22nd asked unanimous consent that Senator Brush of the 24th be excused. The consent was granted, and Senator Brush was excused. Senator Tolleson of the 18th asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused. The following legislation was read the third time and put upon its passage: 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. 528 FRIDAY, FEBRUARY 13, 2004 523 The Senate Judiciary Committee offered the following substitute to SB 467: 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly seeks to protect the well-being of this states children while preserving the integrity of family discipline. The General Assembly believes that balancing the protection of the health and safety of this states children, while preserving a parents right to discipline his or her child, is important to all Georgians and vital to the safety of this states children. SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-2-1, relating to the definition of a crime, by designating the existing Code section as subsection (a) and adding a new subsection (b) to read as follows: "(b) Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby." SECTION 3. Said title is further amended in Code Section 16-5-70, relating to cruelty to children, by striking subsections (c), (d), and (e) and inserting in lieu thereof the following: "(c) Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain. (d) Any person commits the offense of cruelty to children in the third degree when: (1) Such person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery; or 529 524 JOURNAL OF THE SENATE (2) Such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery. (d)(e)(1) A person convicted of the offense of cruelty to children in the first degree as provided in this Code section shall be punished by imprisonment for not less than five nor more than 20 years. (e)(2) A person convicted of the offense of cruelty to children in the second degree shall be punished by imprisonment for not less than one nor more than ten years. (3) A person convicted of the offense of cruelty to children in the third degree shall be punished as for a misdemeanor upon the first or second conviction. Upon conviction of a third or subsequent offense of cruelty to children in the second third degree, the defendant shall be guilty of a felony and shall be sentenced to a fine not less than $1,000.00 nor more than $5,000.00 or imprisonment for not less than one year nor more than three years or shall be sentenced to both fine and imprisonment." SECTION 4. Said title is further amended by adding a new Code section to read as follows: "16-5-73. (a) As used in this Code section, the term: (1) 'Chemical substance' means anhydrous ammonia as defined in Code Section 1611-111, ephedrine, pseudoephedrine, or phenylpropanolamine, as those terms are defined in Code Section 16-13-30.3, or any other chemical used in the manufacture of methamphetamine. (2) 'Child' means any individual who is under the age of 18 years. (3) 'Intent to manufacture' means but is not limited to the intent to manufacture methamphetamine, which may be demonstrated by a chemical substances usage, quantity, or manner or method of storage, including but not limited to storing it in proximity to another chemical substance or equipment used to manufacture methamphetamine. (4) 'Methamphetamine' means methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Code Section 16-13-26. (5) 'Serious injury' means an injury involving a broken bone, the loss of a member of the body, the loss of use of a member of the body, or the substantial disfigurement of the body or of a member of the body or an injury which is life threatening. (b)(1) Any person who intentionally causes or permits a child to be present where any person is manufacturing methamphetamine or possessing a chemical substance with the intent to manufacture methamphetamine shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than 15 years. (2) Any person who violates paragraph (1) of this subsection wherein a child receives serious injury as a result of such violation shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more 530 FRIDAY, FEBRUARY 13, 2004 525 than 20 years." SECTION 5. Said title is further amended in Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, by striking paragraph (4) of subsection (a) and inserting in lieu thereof the following: "(4) 'Serious injury' means an injury involving a broken bone, the loss of a member of the body, the loss of use of a member of the body, or the substantial disfigurement of the body or of a member of the body, or an injury which is life threatening, or any sexual abuse of a child under 16 years of age by means of an act described in subparagraph (a)(4)(A), (a)(4)(G), or (a)(4)(I) of Code Section 16-12-100." SECTION 6. This Act shall become effective on July 1, 2004, and shall apply to all crimes which occur on or after that date. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senators Smith of the 52nd and Meyer von Bremen of the 12th offered the following amendment: Amend the Senate Judiciary Committee substitute to SB 467 by striking line 8 of page 3 and inserting in lieu thereof the following: "body or of a member of the body, or an injury which is life threatening.". On the adoption of the amendment, the yeas were 33, nays 0, and the Smith of the 52nd, Meyer von Bremen amendment 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: Y Adelman Balfour Y Blitch Y Bowen Y Brown Y Harbison Harp Y Henson Y Hill Y Hooks Y Seay Y Shafer E Smith,F Y Smith,P Y Squires 531 526 JOURNAL OF THE SENATE E Brush Y Bulloch Y Butler Y Cagle E Cheeks Y Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Starr Y Stephens Y Stokes Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman E Williams Y Zamarripa On the passage of the bill, the yeas were 47, nays 0. SB 467, 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. Secretary, Please record my vote as a yes vote on S. B. 467, Child Endangerment. Charles B. Tanskley Senate District 32 Senator Stephens of the 51st moved that the Senate stand adjourned pursuant to HR 944, until 1:00 p.m., Monday, February 16, 2004; the motion prevailed, and at 10:43 a.m., the President announced the Senate adjourned. 532 MONDAY, FEBRUARY 16, 2004 527 Senate Chamber, Atlanta, Georgia Monday, February 16, 2004 Eighteenth Legislative Day The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 208. By Representatives Fludd of the 48th, Post 4, Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Stephenson of the 60th, Post 1, Hill of the 81st and others: A BILL to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners' Association Act," so as to clarify the definition of "lots"; to clarify the definition of "lot owner"; to clarify the definition of "property owners' development"; to clarify enforcement powers; to clarify voting procedures for multiple-owner units; to conform proxy requirements to other provisions of the law; and for other purposes. HB 210. By Representatives Fludd of the 48th, Post 4, Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Stephenson of the 60th, Post 1, Hill of the 81st and others: A BILL to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to clarify the relevant date of recording of condominium instruments; to clarify the definition of "unit owner"; to clarify requirements for identifying recorded plats on amendments for expandable condominiums; to clarify requirements for 533 528 JOURNAL OF THE SENATE identifying recorded plans on amendments for expandable condominiums; to clarify the classification of pipes and vents; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 523. By Senators Johnson of the 1st, Jackson of the 50th and Balfour of the 9th: A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 15 of the O.C.G.A., relating to general provisions for juries, so as to change provisions relating to exemptions and postponement of jury duty; to provide a short title; to provide a statement of policy; to provide for guidelines for exemptions for jury duty; to provide for the implementation of a juror management program in each state and superior court; to provide for the completion of jury duty; to amend Code Section 34-1-3 of the Official Code of Georgia Annotated, relating to discrimination against an employee for attending a judicial proceeding in response to a court order or process, so as to change provisions regarding a certain type of discrimination; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 524. By Senators Johnson of the 1st, Cagle of the 49th, Hudgens of the 47th and Gillis of the 20th: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, so as to require the obtaining of a bond as a prerequisite to filing certain appeals; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 525. By Senators Levetan of the 40th, Collins of the 6th, Williams of the 19th, Reed of the 35th, Stokes of the 43rd and others: A BILL to be entitled an Act to amend Code Section 40-6-275 of the Official Code of Georgia Annotated, relating to the removal of vehicles involved in traffic accidents from the main traveled way of expressways and multilane highways, so as to provide that such vehicles shall be removed from the 534 MONDAY, FEBRUARY 16, 2004 529 traveled way of all public roads; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety and Homeland Security Committee. SB 526. By Senators Levetan of the 40th, Thomas of the 10th, Butler of the 55th, Smith of the 25th, Squires of the 5th and others: A BILL to be entitled an Act to amend Code Section 43-10-14 of the Official Code of Georgia Annotated, relating to the study of cosmetology by apprenticeship, so as to provide that a master cosmetologist may have more than one apprentice under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 527. By Senators Lamutt of the 21st, Golden of the 8th, Stephens of the 51st, Balfour of the 9th and Harp of the 16th: A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to extend the suspension of the surchage on the employer contribution rate based upon the State-wide Reserve Ratio; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SR 767. By Senators Gillis of the 20th, Hooks of the 14th, Bulloch of the 11th, Meyer von Bremen of the 12th, Bowen of the 13th and others: A RESOLUTION urging the Board of Natural Resources to forthwith adopt state-wide uniform open season dates for dove hunting throughout this state; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 769. By Senators Starr of the 44th and Seay of the 34th: A RESOLUTION creating the Joint Study Committee on Tobacco Tax Evasion; and for other purposes. Referred to the Finance Committee. 535 530 JOURNAL OF THE SENATE The following House legislation was read the first time and referred to committee: HB 208. By Representatives Fludd of the 48th, Post 4, Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Stephenson of the 60th, Post 1, Hill of the 81st and others: A BILL to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners' Association Act," so as to clarify the definition of "lots"; to clarify the definition of "lot owner"; to clarify the definition of "property owners' development"; to clarify enforcement powers; to clarify voting procedures for multiple-owner units; to conform proxy requirements to other provisions of the law; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 210. By Representatives Fludd of the 48th, Post 4, Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Stephenson of the 60th, Post 1, Hill of the 81st and others: A BILL to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to clarify the relevant date of recording of condominium instruments; to clarify the definition of "unit owner"; to clarify requirements for identifying recorded plats on amendments for expandable condominiums; to clarify requirements for identifying recorded plans on amendments for expandable condominiums; to clarify the classification of pipes and vents; and for other purposes. Referred to the Regulated Industries and Utilities Committee. The following legislation was read the second time: SB 396 SB 446 Senator Lamutt of the 21st asked unanimous consent that the Senate suspend the provision of Rule 106A regarding the proper time to make a motion to engross. Senator Price of the 56th objected. 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. 536 MONDAY, FEBRUARY 16, 2004 531 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 Smith of the 52nd asked unanimous consent that Senator Hamrick of the 30th be excused. The consent was granted, and Senator Hamrick 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 Brush Bulloch Butler Cagle Cheeks Clay Collins Crotts Dean Fort Gillis Hall Harbison Harp Hill Hooks Hudgens Jackson Johnson Kemp,B Lamutt Lee Levetan Me V Bremen Moody Mullis Price Reed Seabaugh Seay Shafer Smith,F Smith,P Squires Starr Stephens Stokes Tanksley Tate Thomas,D Thomas,N Thomas,R Tolleson Unterman Williams Zamarripa Not answering were Senators: Golden (Excused) Kemp, R (Excused) Hamrick (Excused) Thompson Henson (Excused) Senator Hamrick 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 Bowen of the 13th introduced the chaplain of the day, Reverend Phil Streetman of Cordele, Georgia, who offered scripture reading and prayer. Senator Smith of the 25th introduced the doctor of the day, Dr. Gigi Abdul-Samed. 537 532 JOURNAL OF THE SENATE Senator Tate of the 38th recognized Alpha Kappa Alpha Day at the Capitol, commended by SR 659, adopted previously. The following resolutions were read and adopted: SR 765. By Senator Bowen of the 13th: A RESOLUTION recognizing and commending Miss Fallon Beth Garrett, 2004 Georgia Watermelon Queen; and for other purposes. SR 766. By Senator Bowen of the 13th: A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Mr. Jimmy Black, Mr. Ferrell Henry, Mr. Paul Mechler, and Ms. Susan Leger-Boike; and for other purposes. SR 768. By Senators Thomas of the 10th and Butler of the 55th: A RESOLUTION commending Tenet Healthcare Foundation and Tenet Georgia; and for other purposes. SR 770. By Senators Hamrick of the 30th, Dean of the 31st and Lee of the 29th: A RESOLUTION commending Carrollton High School's 2004 State Champion Cheerleading Squad; and for other purposes. SR 773. By Senators Johnson of the 1st, Smith of the 25th, Lee of the 29th, Brush of the 24th and Tate of the 38th: A RESOLUTION recognizing February 16, 2004, as the Georgia Association of Educators Legislative Conference Day; and for other purposes. SR 595 SB 457 SENATE RULES CALENDAR MONDAY, FEBRUARY 16, 2004 EIGHTEENTH LEGISLATIVE DAY CA; Marriage; no union between same sex is recognized by the state (RULES-17th) Sexual assault victims; improved assistance; sexual abuse protocol committee (S JUDY-25th) 538 MONDAY, FEBRUARY 16, 2004 533 SB 469 Child molestation; monitoring of defendant; add. punishment for offense (PS&HS-31st) SB 482 DNA; applicability of testing procedures; change provisions (S JUDY-3rd) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SR 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. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article I of the Constitution is amended by adding a new Section IV to read as follows: "SECTION IV. MARRIAGE Paragraph I. Recognition of marriage. (a) This state shall recognize as marriage only the union of man and woman. Marriages between persons of the same sex are prohibited in this state. (b) No union between persons of the same sex shall be recognized by this state as entitled to the benefits of marriage. This state shall not give effect to any public act, record, or judicial proceeding of any other state or jurisdiction respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other state or jurisdiction. The courts of this state shall have no jurisdiction to grant a divorce or separate maintenance with respect to any such relationship or otherwise to consider or rule on any of the parties respective rights arising as a result of or in connection with such relationship." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as 539 534 JOURNAL OF THE SENATE provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to provide that this state shall ( ) NO recognize as marriage only the union of man and woman?" 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 595 by striking the words "only the" and inserting the word "one" on: page 1, line 2; page 1, lines 9 and 10; and page 2, line 2. Senator Squires of the 5th offered the following amendment # 1a: Amend Senator Squires' amendment # 1 (AM 14 0656) to SR 595 by inserting after line 3 the following: "By striking line 11 on page 1 and inserting: 'in this state. Marriage after the death of a person's spouse is permitted.'" 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 Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts N Dean Y Fort Y Gillis Y Harbison N Harp E 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 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 540 MONDAY, FEBRUARY 16, 2004 535 E Golden N Hall N Hamrick N Price Y Reed N Seabaugh N Williams Y Zamarripa On the adoption of the amendment, the yeas were 24, nays 30, and the Squires amendment # 1a was lost. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman N Balfour Y Blitch N Bowen N Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts N Dean Y Fort N Gillis E Golden N Hall N Hamrick Y Harbison N Harp E Henson N Hill Y Hooks N Hudgens N Jackson N Johnson N Kemp,B N Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Seay N Shafer Y Smith,F N Smith,P Y Squires N Starr N Stephens Stokes N Tanksley Y Tate N Thomas,D Y Thomas,N N Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 16, nays 37, and the Squires amendment # 1 was lost. Senator Seay of the 34th offered the following amendment # 2: Amend SR 595 by inserting on line 10 of page 1 between "woman" and the period the following: ", in keeping with the Seventh Commandment of the Ten Commandments as outlined in Exodus XX". Senator Seay of the 34th offered the following amendment # 2a: Amend Senator Seay's amendment (AM 21 2247) to SR 595 by striking line 4 and 541 536 JOURNAL OF THE SENATE replacing it with the following: "in keeping with the Seventh Commandment of the Ten Commandments as outlined in" 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: 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 E Golden N Hall N Hamrick Y Harbison N Harp E 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 24, nays 30, and the Seay amendment # 2a was lost. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman N Balfour Y Blitch N Bowen N Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay Harbison N Harp E 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 Smith,P Y Squires Y Starr N Stephens Y Stokes N Tanksley Y Tate N Thomas,D 542 MONDAY, FEBRUARY 16, 2004 537 N Collins N Crotts Y Dean Y Fort Y Gillis E 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 22, nays 30, and the Seay amendment # 2 was lost. Senator Zamarripa of the 36th offered the following amendment # 3: Amend SR 595 by striking the quotation marks at the end of line 19 of page 1 and by inserting immediately following such line the following: "(c) Nothing in this Paragraph shall be construed so as to prohibit the governing authority of a political subdivision of the state from recognizing civil unions or domestic partnerships between persons of the same gender.'" On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman N Balfour N Blitch N Bowen Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts N Dean Y Fort N Gillis E Golden N Hall N Hamrick Harbison N Harp E Henson N Hill N Hooks N Hudgens N Jackson N Johnson N Kemp,B N Kemp,R N Lamutt N Lee Y Levetan Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Seay N Shafer N Smith,F N Smith,P N Squires N Starr N Stephens Y Stokes N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Thompson N Tolleson N Unterman N Williams Y Zamarripa 543 538 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 11, nays 39, and the Zamarripa amendment # 3 was lost. Senator Seay of the 34th offered the following amendment # 4: Amend SR 595 by inserting on line 10 of page 1 between "woman." and "Marriages" the following: "Adultery among two people who are married is prohibited." Senator Seay of the 34th asked unanimous consent that her amendment # 4 be withdrawn. The consent was granted, and the amendment was withdrawn. Senator Seay of the 34th offered the following amendment # 5: Amend SR 595 by inserting on line 10 of page 1 between "woman." and "Marriages" the following: "Adultery by a married person is prohibited." 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 Brown N Brush Y Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts Y Dean Y Fort Y Gillis E Golden N Hall N Hamrick Y Harbison N Harp E 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 Smith,P Y Squires Y Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman Y Williams Y Zamarripa 544 MONDAY, FEBRUARY 16, 2004 539 On the adoption of the amendment, the yeas were 26, nays 26, and the Seay amendment # 5 was lost. Senator Thomas of the 2nd moved that the Senate reconsider its action in defeating the Seay amendment # 5. No objection was offered and the amendment was reconsidered. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman N Balfour Y Blitch N Bowen Y Brown N Brush Y Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts Y Dean Y Fort Y Gillis E Golden N Hall N Hamrick Y Harbison N Harp E 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 Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman Y Williams Y Zamarripa On the adoption of the amendment, the yeas were 27, nays 27, and the Seay amendment # 5 was lost. Senator Cagle of the 49th moved the previous question and the previous question was ordered. 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: 545 540 JOURNAL OF THE SENATE 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 E Golden Y Hall Y Hamrick N 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 N Levetan Y Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh N Seay Y Shafer Y Smith,F Y Smith,P N Squires 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 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 asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused. Senator Tolleson of the 18th asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill was excused. 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 546 MONDAY, FEBRUARY 16, 2004 541 protocol; to change provisions relating to disclosure of medical records; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis E Golden Y Hall Y Hamrick Y Harbison Y Harp E Henson E Hill Y Hooks Y Hudgens Y Jackson E Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 0. SB 457, having received the requisite constitutional majority, was passed. 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 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. 547 542 JOURNAL OF THE SENATE 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 Y Hall Y Hamrick Y Harbison Y Harp E Henson E Hill Y Hooks Y Hudgens Y Jackson E Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. SB 469, having received the requisite constitutional majority, was passed. 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. 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: 548 MONDAY, FEBRUARY 16, 2004 543 Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis E Golden Y Hall Y Hamrick Y Harbison Y Harp E Henson E Hill Y Hooks Y Hudgens Y Jackson E Johnson Y Kemp,B Y Kemp,R Y Lamutt Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Thompson Y Tolleson Y Unterman Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 0. SB 482, having received the requisite constitutional majority, was passed. Senator Stephens of the 51st moved that the Senate adjourn until 10:00 a.m., Tuesday, February 17, 2004. The motion prevailed, and the President announced the Senate adjourned at 4:51 p.m. 549 544 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, February 17, 2004 Nineteenth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House and Senate: HB 480. By Representatives Cummings of the 19th and McBee of the 74th: A BILL to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to provide that a member of such retirement system who has at least 25 years of creditable service may obtain creditable service by paying the full actuarial value of such service; and for other purposes. HB 1027. By Representative Brooks of the 47th: A BILL to amend Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the Peace Officers' Annuity and Benefit Fund, so as to provide for creditable service for certain prior service; and for other purposes. HB 1115. By Representative Stephens of the 123rd: A BILL to create the Garden City Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion 550 TUESDAY, FEBRUARY 17, 2004 545 of tourism, trade, and conventions for Garden City; and for other purposes. HB 1170. By Representatives Holmes of the 48th, Post 1, Bruce of the 45th, Watson of the 60th, Post 2, Greene-Johnson of the 60th, Post 3, Moraitakis of the 42nd, Post 4 and others: A BILL to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to require the purchaser of property at a tax sale to make a quitclaim deed to the defendant in fi. fa. within 60 days after the property is redeemed; and for other purposes. HB 1174. By Representatives Sims of the 130th, Boggs of the 145th and Stokes of the 72nd: A BILL to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to change the provisions relating to retailers, retail brokers, and installers of manufactured and mobile homes; and for other purposes. HB 1234. By Representatives Black of the 144th, Ray of the 108th, James of the 114th, Crawford of the 91st, Roberts of the 131st and others: A BILL to amend Code Section 26-2-411 of the Official Code of Georgia Annotated, relating to licensing and inspection of mobile meat, poultry, or seafood sale vehicles, so as to change a license expiration date; and for other purposes. HB 1238. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, so as to extend the sales and use tax exemption for sales to and use by a government contractor of overhead materials in performance of a contract with the United States government to which title passes immediately to the government under the terms of the contract; and for other purposes. HB 1278. By Representatives Channell of the 77th, Watson of the 60th, Post 2, Teilhet of the 34th, Post 2, Bannister of the 70th, Post 1, Maddox of the 59th, Post 2 and others: A BILL to amend Code Section 34-9-226 of the Official Code of Georgia 551 546 JOURNAL OF THE SENATE Annotated, relating to the appointment of a guardian for a minor or incompetent claimant entitled to workers' compensation benefits, so as to provide that such a guardian may be appointed by a court other that the probate court; and for other purposes. HB 1303. By Representative Jamieson of the 22nd: A BILL to amend code Section 44-14-471 of the Official Code of Georgia Annotated, relating to the perfection of hospital, nursing home, and traumatic burn care medical practice liens, so as to change certain provisions regarding notice; and for other purposes. HB 1439. By Representatives Forster of the 3rd, Post 1, Joyce of the 2nd and White of the 3rd, Post 2: A BILL to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, so as to increase the clerical help allowance of the clerk of the Superior Court of Catoosa County; and for other purposes. HB 1440. By Representatives Forster of the 3rd, Post 1, Joyce of the 2nd and White of the 3rd, Post 2: A BILL to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the clerical allowance for the tax commissioner; and for other purposes. HB 1449. By Representative Porter of the 119th: A BILL to amend an Act providing a new charter for the City of Dudley, in the County of Laurens, so as to annex certain territory into the City of Dudley and thereby change the corporate limits of such city; and for other purposes. SB 389. By Senator Blitch of the 7th: A BILL to be entitled an Act to amend an Act creating a board of commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5029), so as to provide for staggered terms of office for members of the board of commissioners; to provide for transition terms of office; to provide for related matters; to provide for the submission of this Act for preclearance; to repeal conflicting laws; and for other purposes. 552 TUESDAY, FEBRUARY 17, 2004 547 The following Senate legislation was introduced, read the first time and referred to committee: SB 392. By Senators Smith of the 52nd, Shafer of the 48th, Collins of the 6th, Clay of the 37th, Lamutt of the 21st and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to enact the "Truancy Enforcement Act"; to provide notice to a student prior to reaching the maximum number of allowable absences for purposes of obtaining and maintaining an instruction permit or drivers license; to amend Chapter 2 of Title 39 of the O.C.G.A., relating to regulation of employment of minors, so as to require that a minor provide an employer with a letter from his or her school administrator indicating an attendance record in good standing; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers licenses for motor vehicles, so as to require minors to comply with attendance requirements for one academic year prior to applying for an instruction permit or drivers license; and for other purposes. Referred to the Education Committee. SR 781. 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 480. By Representatives Cummings of the 19th and McBee of the 74th: A BILL to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to provide that a member of such retirement system who has at least 25 years of creditable service may obtain creditable service by paying the full actuarial value of such service; and for other purposes. Referred to the Retirement Committee. 553 548 JOURNAL OF THE SENATE HB 1027. By Representative Brooks of the 47th: A BILL to amend Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the Peace Officers' Annuity and Benefit Fund, so as to provide for creditable service for certain prior service; and for other purposes. Referred to the Retirement Committee. HB 1115. By Representative Stephens of the 123rd: A BILL to create the Garden City Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Garden City; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1170. By Representatives Holmes of the 48th, Post 1, Bruce of the 45th, Watson of the 60th, Post 2, Greene-Johnson of the 60th, Post 3, Moraitakis of the 42nd, Post 4 and others: A BILL to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to require the purchaser of property at a tax sale to make a quitclaim deed to the defendant in fi. fa. within 60 days after the property is redeemed; and for other purposes. Referred to the Finance Committee. HB 1174. By Representatives Sims of the 130th, Boggs of the 145th and Stokes of the 72nd: A BILL to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to change the provisions relating to retailers, retail brokers, and installers of manufactured and mobile homes; and for other purposes. Referred to the Regulated Industries and Utilities Committee. 554 TUESDAY, FEBRUARY 17, 2004 549 HB 1234. By Representatives Black of the 144th, Ray of the 108th, James of the 114th, Crawford of the 91st, Roberts of the 131st and others: A BILL to amend Code Section 26-2-411 of the Official Code of Georgia Annotated, relating to licensing and inspection of mobile meat, poultry, or seafood sale vehicles, so as to change a license expiration date; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. HB 1238. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, so as to extend the sales and use tax exemption for sales to and use by a government contractor of overhead materials in performance of a contract with the United States government to which title passes immediately to the government under the terms of the contract; and for other purposes. Referred to the Finance Committee. HB 1278. By Representatives Channell of the 77th, Watson of the 60th, Post 2, Teilhet of the 34th, Post 2, Bannister of the 70th, Post 1, Maddox of the 59th, Post 2 and others: A BILL to amend Code Section 34-9-226 of the Official Code of Georgia Annotated, relating to the appointment of a guardian for a minor or incompetent claimant entitled to workers' compensation benefits, so as to provide that such a guardian may be appointed by a court other that the probate court; and for other purposes. Referred to the Insurance and Labor Committee. HB 1303. By Representative Jamieson of the 22nd: A BILL to amend code Section 44-14-471 of the Official Code of Georgia Annotated, relating to the perfection of hospital, nursing home, and traumatic burn care medical practice liens, so as to change certain provisions regarding notice; and for other purposes. Referred to the Health and Human Services Committee. 555 550 JOURNAL OF THE SENATE HB 1439. By Representatives Forster of the 3rd, Post 1, Joyce of the 2nd and White of the 3rd, Post 2: A BILL to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, so as to increase the clerical help allowance of the clerk of the Superior Court of Catoosa County; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1440. By Representatives Forster of the 3rd, Post 1, Joyce of the 2nd and White of the 3rd, Post 2: A BILL to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the clerical allowance for the tax commissioner; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1449. By Representative Porter of the 119th: A BILL to amend an Act providing a new charter for the City of Dudley, in the County of Laurens, so as to annex certain territory into the City of Dudley and thereby change the corporate limits of such city; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 502 SR 680 Do Pass Do Pass as amended Mr. President: Respectfully submitted, Senator Thomas of the 54th District, Chairman The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 556 TUESDAY, FEBRUARY 17, 2004 551 SR 682 Do Pass Respectfully submitted, Senator Balfour of the 9th District, Chairman Senator Hill of the 4th asked unanimous consent that Senator Kemp of the 3rd be excused. The consent was granted, and Senator Kemp was excused. Senator Jackson of the 50th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Blitch Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Crotts Dean Gillis Hall Hamrick Harbison Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Lamutt Lee Me V Bremen Moody Mullis Price Reed Seabaugh Seay Smith,F Smith,P Squires Starr Stokes Tanksley Tate Thomas,D Thomas,N Thomas,R Thompson Unterman Williams Zamarripa Not answering were Senators: Collins Kemp, R (Excused) Stephens Fort Levetan Tolleson Golden (Excused) Shafer The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Shafer Stephens The members pledged allegiance to the flag. 557 552 JOURNAL OF THE SENATE Senator Smith of the 52nd introduced the chaplain of the day, Reverend Brad Prater of Rome, Georgia, who offered scripture reading and prayer. 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 Tolleson of the 18th asked unanimous consent that Senator Crotts of the 17th be excused. The consent was granted, and Senator Crotts was excused. Senator Bowen of the 13th recognized the Cordele-Crisp County Fish Fry, commended by SR 766, adopted previously. Mr. Ferrell Henry addressed the Senate briefly. Senator Bowen of the 13th introduced the 2004 Georgia Watermelon Queen, commended by SR 765, adopted previously. Ms. Fallon Beth Garrett addressed the Senate briefly. Senator Stokes of the 43rd introduced officers of the Empire Board of Realtists, Inc., commended by SR 727, adopted previously. Lawrence Batiste addressed the Senate briefly. Senator Brush of the 24th introduced the doctor of the day, Dr. Michael Shafa. The following resolutions were read and adopted: SR 771. By Senator Seabaugh of the 28th: A RESOLUTION recognizing and commending the Court of Honor Drum and Bugle Corps; and for other purposes. SR 772. By Senator Fort of the 39th: A RESOLUTION recognizing Morehouse School of Religion on the occasion of its 137th Founders' Day observance; and for other purposes. SR 774. By Senator Tolleson of the 18th: A RESOLUTION commending Habitat for Humanity affiliates in Georgia and recognizing Habitat for Humanity Day; and for other purposes. SR 775. By Senator Tolleson of the 18th: A RESOLUTION commending Miss Candace Yvette Smith; and for other purposes. 558 TUESDAY, FEBRUARY 17, 2004 553 SR 776. By Senator Tolleson of the 18th: A RESOLUTION commending Miss Christina Jessica Collins; and for other purposes. SR 777. By Senator Tolleson of the 18th: A RESOLUTION commending Miss Katrina Nychole Battle; and for other purposes. SR 778. By Senator Tolleson of the 18th: A RESOLUTION commending Miss Shannon Farrow; and for other purposes. SR 779. By Senator Tolleson of the 18th: A RESOLUTION commending Johnny Middlebrooks; and for other purposes. SR 780. By Senators Thomas of the 54th, Balfour of the 9th, Thomas of the 2nd, Stephens of the 51st, Gillis of the 20th and others: A RESOLUTION commending the Partnership for Health and Accountability; and for other purposes. SR 782. By Senator Starr of the 44th: A RESOLUTION commending the Georgia Department of Natural Resources, the State Board of Natural Resources, and Commissioner Lonice Barrett for the development of the Hugh M. Gillis, Sr., Public Fishing Area in Laurens County, Georgia; and the Dublin Rotary Club and its president Phil Tucker for their interest and support of the recreation area; and for other purposes. SR 783. By Senator Starr of the 44th: A RESOLUTION commending Frenasee Daughety; and for other purposes. SENATE RULES CALENDAR TUESDAY, FEBRUARY 17, 2004 NINETEENTH LEGISLATIVE DAY SB 480 Forest Heritage Trust Act; advisory role for State Forestry Commission; enact (NR&E-20th) 559 554 JOURNAL OF THE SENATE SB 419 Restitutions; payment of medical cost from convicted persons; hold hearings (Substitute)(JUDY-32nd) SR 674 Improvement of Georgia's Pre-K Program, Joint Study Commission; create (ED-46th) SB 489 Rules of the road; buses/motorcoaches; HOV lanes; exception (PS&HS-53rd) SB 481 Rules of the Road; Parking Law for Persons with Disabilities; redefine terms (PS&HS-4th) SB 484 Witnesses; criminal defendants; evidence of character; method of impeachment (JUDY-30th) SB 479 License Plates; special; Global War on Terrorism veterans; conditions (Substitute)(PS&HS-4th) SB 496 Adjutant General; appoint officers as deputy assistant adjutants general (V&MA-4th) SB 485 Georgia Medical Center Authority; establishment; administrative assignment (H ED-22nd) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee Senator Butler of the 55th asked unanimous consent that Senator Thomas of the 10th be excused. The consent was granted, and Senator Thomas was excused. Senator Stephens of the 51st asked unanimous consent that Senator Lee of the 29th be excused. The consent was granted, and Senator Lee was excused. The following legislation was read the third time and put upon its passage: 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 560 TUESDAY, FEBRUARY 17, 2004 555 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 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. Senator Gillis of the 20th offered the following amendment: Amend SB 480 by striking "may" on line 34 of page 3 and inserting "shall" in lieu thereof. On the adoption of the amendment, the yeas were 29, nays 0, and the Gillis 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 E 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 E 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 E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 50, nays 0. SB 480, having received the requisite constitutional majority, was passed as amended. 561 556 JOURNAL OF THE SENATE Senator Thompson of the 33rd asked unanimous consent that Senator Clay of the 37th be excused. The consent was granted, and Senator Clay was excused. 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 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. The Senate Judiciary Committee offered the following substitute to SB 419: 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 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution, is amended by adding a new Code Section 17-14-10.1 to read as follows: "17-14-10.1. A person convicted of a crime which resulted in physical or emotional injury to the victim shall be ordered to pay restitution to the victim for all reasonable and necessary medical expenses incurred by the victim and which reasonably will be incurred by the victim for treatment of the physical and emotional injuries caused by the person in perpetrating the crime against the victim, including expenses related to psychological counseling and treatment by a provider licensed pursuant to Title 43. The court shall hold a hearing to determine the amount of such expenses as required by law." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senators Smith of the 52nd and Unterman of the 45th offered the following amendment: 562 TUESDAY, FEBRUARY 17, 2004 557 Amend the Committee Substitute to SB 419 by inserting after "hearings;" on line 4 on page 1 "to provide for certain exceptions;" and by inserting after "law." on line 17 on page 1 the following: "This Code section shall not apply to misdemeanor traffic offenses, except those serious traffic offenses in Article 15 of Chapter 6 of Title 40. With regard to convictions for such misdemeanor traffic offenses, except those serious traffic offenses in Article 15 of Chapter 6 of Title 40, the sentencing court may, in its discretion, consider restitution under this Code section as a part of any sentence imposed, but shall not be required to do so." On the adoption of the amendment, the yeas were 36, nays 2, and the Smith of the 52nd, Unterman amendment was adopted. On the adoption of the substitute, the yeas were 41, nays 0, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick E Harbison Y Harp Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt 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 Tanksley Y Tate Y Thomas,D E Thomas,N N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 47, nays 1. 563 558 JOURNAL OF THE SENATE SB 419, having received the requisite constitutional majority, was passed by substitute. Senator Golden of the 8th asked unanimous consent that Senator Jackson of the 50th be excused. The consent was granted, and Senator Jackson was excused. 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. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: N Adelman Y Balfour Y Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks E Clay Y Collins E Crotts N Dean Fort Y Gillis N Golden Y Hall Y Hamrick E Harbison Y Harp N Henson Y Hill Hooks Y Hudgens E Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt E Lee Y Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh N Seay Y Shafer N Smith,F Y Smith,P N Squires N Starr Y Stephens N Stokes Tanksley Tate Y Thomas,D E Thomas,N N Thomas,R N Thompson Tolleson Y Unterman Y Williams N Zamarripa On the adoption of the resolution, the yeas were 28, nays 17. SR 674, having failed to receive the requisite constitutional majority, was lost. Senator Kemp of the 46th gave notice that at the proper time, he would move that the Senate reconsider its action on SR 674. 564 TUESDAY, FEBRUARY 17, 2004 559 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins E Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick E Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens E Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt E Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Zamarripa On the passage of the bill, the yeas were 46, nays 0. SB 489, having received the requisite constitutional majority, was passed. 565 560 JOURNAL OF THE SENATE 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins E Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick E Harbison Y Harp Henson Y Hill Y Hooks Y Hudgens E Jackson Y Johnson 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 Y Stokes Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 45, nays 0. SB 481, having received the requisite constitutional majority, was passed. Senator Squires of the 5th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused. 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 566 TUESDAY, FEBRUARY 17, 2004 561 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins E 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 E Lee Y Levetan Me V Bremen Y Moody Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R E Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 46, nays 0. SB 484, having received the requisite constitutional majority, was passed. 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 567 562 JOURNAL OF THE SENATE 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. The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 479: A BILL TO BE ENTITLED AN ACT To amend Code Section 40-2-85.1 of the Official Code of Georgia Annotated, relating to special and distinctive license plates for veterans, so as to provide that persons who served in the Global War on Terrorism shall be eligible to receive special and distinctive license plates; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-2-85.1 of the Official Code of Georgia Annotated, relating to special and distinctive license plates for veterans, is amended by striking said Code section and inserting in its place the following: "40-2-85.1. (a)(1) Motor vehicle owners who are retired veterans of the armed forces of the United States or persons who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm, the Global War on Terrorism -- Iraq, or the Global War on Terrorism -- Afghanistan shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. (2)(A) Motor vehicle owners who retired from active duty with the armed forces of the United States shall be issued upon application for and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles a retired veterans license plate. One such retired veterans license plate shall be issued without the requisite registration fee, manufacturing fee, or annual registration fee. (B) Each retired member of the armed forces shall be entitled to no more than one such free license plate at a time; provided, however, that upon payment of a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which a $25.00 manufacturing fee 568 TUESDAY, FEBRUARY 17, 2004 563 is required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-234. (b) The commissioner shall design a retired veterans license plate or a distinctive license plate to commemorate service by the United States armed forces in wars listed in subsection (a) of this Code section. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable. (c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Such plates shall contain such words or symbols, in addition to the numbers and letters prescribed by law, so as to identify distinctively the owners as retired veterans of the armed forces of the United States or persons who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm, the Global War on Terrorism -- Iraq, or the Global War on Terrorism -- Afghanistan and shall additionally, for such plates manufactured after July 1, 2001, identify distinctly the owner as a veteran of one of the following branches of the armed forces: Army, Navy, Marines, Air Force, or Coast Guard. (d) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased retired veteran of the armed forces of the United States or of a deceased person who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm, the Global War on Terrorism -- Iraq, or the Global War on Terrorism -- Afghanistan shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veterans death or acquired thereafter, so long as such person does not remarry. (e) Special license plates issued under this Code section, except as provided in subparagraph (a)(2)(A) of this Code section, shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section." SECTION 2. 569 564 JOURNAL OF THE SENATE All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 35, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins E 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 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 Y Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R E Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 0. SB 479, having received the requisite constitutional majority, was passed by substitute. 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. 570 TUESDAY, FEBRUARY 17, 2004 565 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Cheeks E Clay Y Collins E 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 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 Y Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N N Thomas,R E Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 47, nays 1. SB 496, having received the requisite constitutional majority, was passed. 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 members, so as to provide for administrative assignment; 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: 571 566 JOURNAL OF THE SENATE Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch N Butler Y Cagle Cheeks E Clay Y Collins E 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 E Lee Y Levetan Y Me V Bremen Y Moody Mullis Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R E Thompson Y Tolleson Y Unterman Y Williams Zamarripa On the passage of the bill, the yeas were 44, nays 1. SB 485, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: SB 157. By Senators Cheeks of the 23rd, Cagle of the 49th, Stephens of the 51st and Starr of the 44th: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: 572 TUESDAY, FEBRUARY 17, 2004 567 A BILL TO BE ENTITLED AN ACT To amend Code Section 7-3-29 of the Official Code of Georgia Annotated, relating to penalties for violations of the "Georgia Industrial Loan Act," so as to allow class actions to be brought against unlicensed lenders; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to include payday lending in the definition of racketeering activity; to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to strengthen and increase the criminal and civil penalties therefor; to void payday lending loans; to declare that forum selection clauses in payday lending contracts are unenforceable in Georgia; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemptions for licensed and regulated activities; to provide for an oversight committee; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties; to declare a tax on profits from payday loans; to declare sites or locations on which payday lending is taking place to be public nuisances; to provide disclosure and notice requirements regarding loans made to members of the military; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 7-3-29 of the Official Code of Georgia Annotated, relating to penalties for violations of the "Georgia Industrial Loan Act," is amended by striking subsection (e) and inserting in its place the following: "(e) A claim of violation of this chapter may be asserted in a class action under Code Section 9-11-23 or any other provision of law." SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-14-3, relating to definitions concerning racketeer influenced organizations, by striking divisions (9)(A)(xxxvi) and (9)(A)(xxxvii) and inserting in lieu thereof the following: "(xxxvi) Article 8 of Chapter 9 of this title, relating to identity fraud, and Section 1028 of Title 18 of the United States Code, relating to fraudulent identification documents and information; or (xxxvii) Code Section 33-1-9, relating to insurance fraud.; or (xxxviii) Code Section 16-17-2, relating to payday loans." 573 568 JOURNAL OF THE SENATE SECTION 3. Said title is further amended by adding a new Chapter 17 to read as follows: "CHAPTER 17 16-17-1. (a) Without limiting in any manner the scope of this chapter, 'payday lending' as used in this chapter encompasses all transactions in which funds are advanced to be repaid at a later date, notwithstanding the fact that the transaction contains one or more other elements and a 'payday lender' shall be one who engages in such transactions. This definition of 'payday lending' expressly incorporates the exceptions and examples contained in subsections (a) and (b) of Code Section 16-17-2. (b) Despite the fact that the Attorney General of the State of Georgia has opined in Official Opinion 2002-3 entered on June 27, 2002, that payday lending is in violation of Georgia law and despite the fact that the Industrial Loan Commissioner has issued cease and desist orders against various payday lenders in the State of Georgia, the General Assembly has determined that payday lending continues in the State of Georgia and that there are not sufficient deterrents in the State of Georgia to cause this illegal activity to cease. (c) The General Assembly has determined that various payday lenders have created certain schemes and methods in order to attempt to disguise these transactions or to cause these transactions to appear to be 'loans' made by a national or state bank chartered in another state in which this type of lending is unregulated, even though the majority of the revenues in this lending method are paid to the payday lender. The General Assembly has further determined that payday lending, despite the illegality of such activity, continues to grow in the State of Georgia and is having an adverse effect upon military personnel, the elderly, the economically disadvantaged, and other citizens of the State of Georgia. The General Assembly has further determined that substantial criminal and civil penalties over and above those currently existing under state law are necessary in order to prohibit this activity in the State of Georgia and to cause the cessation of this activity once and for all. The General Assembly further declares that these types of loans are currently illegal and are in violation of Code Section 7-4-2. The General Assembly declares that the use of agency or partnership agreements between in-state entities and out-of-state banks, whereby the in-state agent holds a predominant economic interest in the revenues generated by payday loans made to Georgia residents, is a scheme or contrivance by which the agent seeks to circumvent Chapter 3 of Title 7, the 'Georgia Industrial Loan Act,' and the usury statutes of this state. (d) Payday lending involves relatively small loans and does not encompass loans that involve interstate commerce and certain payday lenders have attempted to use forum selection clauses contained in payday loan documents in order to avoid the courts of the State of Georgia, and the General Assembly has determined that such practices are unconscionable and should be prohibited. (e) Without limiting in any manner the scope of this chapter, the General Assembly 574 TUESDAY, FEBRUARY 17, 2004 569 declares that it is the general intent of this chapter to reiterate that in the State of Georgia the practice of engaging in activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities are currently illegal and to strengthen the penalties for those engaging in such activities. (f) This chapter in no way impairs or restricts the authority granted to the commissioner of banking and finance, the Industrial Loan Commissioner, or any other regulatory authority with concurrent jurisdiction over the matters stated in this chapter. 16-17-2. (a) It shall be unlawful for any person to engage in any business, in whatever form transacted, including, but not limited to, by mail, electronic, the Internet, or telephonic means, which consists in whole or in part of making, offering, arranging, or acting as an agent in the making of loans of $3,000.00 or less unless: (1) Such person is engaging in financial transactions permitted pursuant to: (A) The laws regulating financial institutions as defined under Chapter 1 of Title 7, the 'Financial Institutions Code of Georgia'; (B) The laws regulating state and federally chartered credit unions; (C) Article 13 of Chapter 1 of Title 7, relating to Georgia residential mortgages; (D) Chapter 3 of Title 7, the 'Georgia Industrial Loan Act'; (E) Chapter 4 of Title 7, relating to interest and usury; (F) Chapter 5 of Title 7, 'The Credit Card and Credit Card Bank Act,' including financial institutions and their assignees who are not operating in violation of said chapter; (G) Paragraph (2) of subsection (a) of Code Section 7-4-2 in which the simple interest rate is not greater than 16 percent per annum; or (2) Such loans are lawful under the terms of: (A) Article 1 of Chapter 1 of Title 10, 'The Retail Installment and Home Solicitation Sales Act'; (B) Article 2 of Chapter 1 of Title 10, the 'Motor Vehicle Sales Finance Act'; or (C) Part 5 of Article 3 of Chapter 12 of Title 44, relating to pawnbrokers; (3) Such loan is a part of a sale and lease back transaction offered by a company doing business in Georgia on January 1, 2004, that had a valid Georgia sales and use tax permit on that date. The company must show a history of paying sales tax to the Department of Revenue for at least one full tax year in order to be entitled to this exemption. To qualify for this exemption a company shall contact the Department of Revenue notifying the department that the company is entitled to this exemption. The department shall group these companies in a special classification and reissue a new Georgia sales and use tax permit showing the exempt classification. Nothing in this paragraph shall be applied to lease-purchase agreements under Article 23 of Chapter 1 of Title 10 or leases governed by Article 2A of Title 11; or (4) Such loan is made as a tax refund anticipation loan. In order to be exempt under this paragraph the tax refund anticipation loan must be issued using a borrowers filed tax return and the loan cannot be for more than the amount of the borrowers 575 570 JOURNAL OF THE SENATE anticipated tax refund. Tax returns that are prepared but not filed with the proper government agency will not qualify for a loan exemption under this paragraph. (b) Subject to the exceptions in subsection (a) of this Code section, this Code section shall apply with respect to all transactions in which funds are advanced to be repaid at a later date, notwithstanding the fact that the transaction contains one or more other elements. Without limiting the generality of the foregoing, the advance of funds to be repaid at a later date shall be subject to this Code section, notwithstanding the fact that the transaction also involves: (1) The cashing or deferred presentment of a check or other instrument; (2) The selling or providing of an item, service, or commodity incidental to the advance of funds; (3) Any other element introduced to disguise the true nature of the transaction as an extension of credit; or (4) Any arrangement by which a de facto lender purports to act as the agent for an exempt entity. A purported agent shall be considered a de facto lender if the entire circumstances of the transaction show that the purported agent holds, acquires, or maintains a predominant economic interest in the revenues generated by the loan. (c)(1) A payday lender shall not include in any loan contract made with a resident of this state any provision by which the laws of a state other than Georgia shall govern the terms and enforcement of the contract, nor shall the loan contract designate a court for the resolution of disputes concerning the contract other than a court of competent jurisdiction in and for the county in which the borrower resides or the loan office is located. (2) An arbitration clause in a payday loan contract shall not be enforceable if the contract is unconscionable. In determining whether the contract is unconscionable, the court shall consider the circumstances of the transaction as a whole, including but not limited to: (A) The relative bargaining power of the parties; (B) Whether arbitration would be prohibitively expensive to the borrower in view of the amounts in controversy; (C) Whether the contract restricts or excludes damages or remedies that would be available to the borrower in court, including the right to participate in a class action; (D) Whether the arbitration would take place outside the county in which the loan office is located or any other place that would be unduly inconvenient or expensive in view of the amounts in controversy; and (E) Any other circumstance that might render the contract oppressive. (d) Any person who violates subsection (a) or (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction thereof shall be punished by imprisonment for not more than one year or by a fine not to exceed $5,000.00 or both. Each loan transaction shall be deemed a separate violation of this Code section. Any person who aids or abets such a violation, including any arbiter or arbitration company, shall likewise be guilty of a misdemeanor of a high and aggravated nature and shall be punished as set forth in this subsection. If a person has 576 TUESDAY, FEBRUARY 17, 2004 571 been convicted of violations of subsection (a) or (b) of this Code section on three prior occasions, then all subsequent convictions shall be considered felonies punishable by a fine of $10,000.00 or five years imprisonment or both. (e) An oversight committee is established to monitor and report on the issuance of licenses under the provisions of Chapter 3 of Title 7, the 'Georgia Industrial Loan Act.' The committee shall consist of one member appointed by the Speaker of the House of Representatives, one member appointed by the President of the Senate, two members appointed by the Governor, and one member appointed by the Insurance Commissioner. The Insurance Commissioner shall also serve on the committee in an advisory capacity. 16-17-3. Any person who violates subsection (a) or (b) of Code Section 16-17-2 shall be barred from the collection of any indebtedness created by said loan transaction and said transaction shall be void ab initio, and any person violating the provisions of subsection (a) or (b) of Code Section 16-17-2 shall in addition be liable to the borrower in each unlawful transaction for three times the amount of any interest or other charges to the borrower. A civil action under Code Section 16-17-2 may be brought on behalf of an individual borrower or on behalf of an ascertainable class of borrowers. In a successful action to enforce the provisions of this chapter, a court shall award a borrower, or class of borrowers, costs including reasonable attorneys fees. 16-17-4. (a) Any person who violates subsection (a) or (b) of Code Section 16-17-2 shall be liable to the state for a civil penalty equal to three times the amount of any interest or charges to the borrowers in the unlawful transactions. (b) A civil action under Code Section 16-17-2 may be brought by the Attorney General, any district attorney, or a private party. Where a successful civil action is brought by a district attorney one-half of the damages recovered on behalf of the state shall be distributed to the office of the district attorney of the judicial circuit of such district attorney to be used by the district attorney in order to fund the budget of that office. 16-17-5. (a) There is imposed a state tax on all loans made in violation of this chapter. Such tax shall be administered and collected in connection with the Georgia income taxation of the person making such loans and shall be in addition to any other tax liability of such person. (b) The tax imposed by this Code section shall be at the rate of 50 percent of all proceeds received by a person from loans made in violation of this chapter. (c) A person making loans in violation of this chapter shall declare and return the proceeds subject to taxation under this Code section as a part of such persons Georgia income tax return. 577 572 JOURNAL OF THE SENATE (d) The state revenue commissioner shall retain returns under this Code section apart from all other returns and shall not disclose any part of such a return for any purpose other than the collection of tax owed or a criminal prosecution involving tax matters. In a criminal proceeding under this chapter, a persons return of proceeds under this Code section and any evidence derived as a result of such return shall not be admissible. 16-17-6. In regard to any loan transaction that is alleged to be in violation of subsection (a) of Code Section 16-17-2, the trial court shall be authorized to review the terms of the transaction in their entirety in order to determine if there has been any contrivance, device, or scheme used by the lender in order to avoid the provisions of subsection (a) of Code Section 16-17-2. The trial court shall not be bound in making such determination by the parol evidence rule or by any written contract but shall be authorized to determine exactly whether the loan transaction includes the use of a scheme, device, or contrivance and whether in reality the loan is in violation of the provisions of subsection (a) of Code Section 16-17-2 based upon the facts and evidence relating to that transaction and similar transactions being made in the State of Georgia. If any entity involved in soliciting or facilitating the making of payday loans purports to be acting as an agent of a bank or thrift, then the court shall be authorized to determine whether the entity claiming to act as agent is in fact the lender. Such entity shall be presumed to be the lender if, under the totality of the circumstances, it holds, acquires, or maintains a predominant economic interest in the revenues generated by the loan. Furthermore, the trial court shall further be authorized to investigate all transactions involving gift cards, telephone cards, the sale of goods or services, computer services, or the like which may be tied to such loan transactions and are an integral part thereof in order to determine whether any such transaction is in fact a contrivance, scheme, or device used by the payday lender in order to evade the provisions of subsection (a) of Code Section 16-17-2. 16-17-7. All corporations, limited liability companies, or other business entities which are engaged in payday lending in the State of Georgia are prohibited from obtaining any certificate of authority from the Secretary of State or from the Department of Banking and Finance and engaging in such payday lending activity in the State of Georgia shall result in the revocation of any existing certificate of authority. 16-17-8. The site or location of a place of business where payday lending takes place in the State of Georgia is declared a public nuisance. 16-17-9. (a) In addition to the other obligations and duties required under this chapter, if the customer is a member of the military services of the United States or a spouse of a 578 TUESDAY, FEBRUARY 17, 2004 573 member of the military services of the United States, the following duties and obligations apply to any payday lender: (1) The lender is prohibited from garnishment of any military wages or salaries; (2) The lender is prohibited from conducting any collection activity against a military customer or his or her spouse when the military member has been deployed to a combat or combat support posting for the duration of the deployment; (3) The lender is prohibited from contacting the commanding officer of a military customer in an effort to collect on a loan to the military member or his or her spouse; (4) The lender agrees to be bound by the terms of any repayment agreement that it negotiates through military counselors or third-party credit counselors; and (5) The lender agrees to honor any statement or proclamation by a military base commander that a specific payday lender branch location has been declared off limits to military personnel and their spouses. (b) If the customer is a member of the military services of the United States or a spouse of a member of the military services of the United States, the following disclosures shall be made in writing by the payday lender: (1) A notice that the lender is prohibited from garnishment of any military wages or salaries; (2) A notice that the lender is prohibited from conducting any collection activity against a military customer or his or her spouse when the military member has been deployed to a combat or combat support posting for the duration of the deployment; (3) A notice that the lender is prohibited from contacting the commanding officer of a military customer in an effort to collect on a loan to the military member or his or her spouse; (4) A notice that the lender agrees to be bound by the terms of any repayment agreement that it negotiates through military counselors or third-party credit counselors; and (5) A notice that the lender agrees to honor any statement or proclamation by a military base commander that a specific payday lending branch location has been declared off limits to military personnel and their spouses." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Cheeks moved that the Senate agree to the House substitute as amended by the following amendment: Amend the House Substitute to SB 157 by deleting "to provide for an oversight committee; from line 11 of page 1. 579 574 JOURNAL OF THE SENATE By inserting "to provide for severability;" following "military;" on line 16 of page 1. By striking lines 23 and 24 on page 1 and inserting in place thereof the following: "'(e) A claim of violation of this chapter against a duly licensed lender may be asserted in an individual action only and may not be the subject of a class action under Code Section 9-11-23 or any other provision of law. A claim of violation of this chapter against an unlicensed lender may be asserted in a class action under Code Section 9-1123 or any other provision of law.'" By adding "or" at the end of line 3 of page 4, by deleting "or" at the end of line 5 of page 4, and by substituting the following for lines 11 through 20 on page 4: "(3) Subject to the provisions of paragraph (4) of subsection (b) of this Code section, such person is a bank or thrift chartered under the laws of the United States, a bank chartered under the laws of another state and insured by the Federal Deposit Insurance Corporation, or a credit card bank and is not operating in violation of the federal and state laws applicable to its charter; or" By deleting lines 32 through 37 on page 5. By deleting the quotation marks at the end of line 29 of page 8 and adding the following between lines 29 and 30 of page 8: "16-17-10. If any provision of this chapter or the application of such provision is found by a court of competent jurisdiction in the United States to be invalid or is found to be superseded by federal law, then the remaining provisions of this chapter shall not be affected, and this chapter shall continue to apply to any other person or circumstance.'" Senator Hudgens of the 47th offered the following amendment: Amend the Amendment (AM 14 0658) to the House Substitute to SB 157 by adding on line 26 the following: "(5) Such loan is a payday loan offered by a company doing business in Georgia on January 1, 2004, that had a valid Georgia sales and use tax permit on that date. The company must show a history of paying sales tax to the Department of Revenue for at least a six-month period immediately preceding January 1, 2004, in order to be entitled to this exemption. Any company qualifying for this exemption shall be granted a license under Chapter 3 of Title 7, the 'Georgia Industrial Loan Act' upon application therefor." Senator Fort of the 39th requested a ruling of the Chair as to the germaneness of the amendment. 580 TUESDAY, FEBRUARY 17, 2004 575 The President ruled the amendment not germane. Senator Balfour of the 9th moved that SB 157 be placed on the Table. Senator Cheeks of the 23rd objected. On the motion, a roll call was taken, and the vote was as follows: N Adelman Y Balfour Y Blitch N Bowen N Brown N Brush N Bulloch N Butler N Cagle N Cheeks E Clay Y Collins E Crotts N Dean N Fort N Gillis N Golden N Hall Y Hamrick E Harbison Y Harp N Henson Y Hill Y Hooks Y Hudgens N Jackson N Johnson Y Kemp,B N Kemp,R Y Lamutt E Lee N Levetan Y Me V Bremen Y Moody N Mullis Y Price N Reed Y Seabaugh N Seay Y Shafer Y Smith,F Smith,P Y Squires N Starr N Stephens N Stokes N Tanksley N Tate N Thomas,D E Thomas,N N Thomas,R Y Thompson N Tolleson Y Unterman N Williams N Zamarripa On the motion, the yeas were 19, nays 31; the motion lost, and SB 157 was not placed on the Table. On the motion to agree to the House substitute as amended by the Senate, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle E Harbison Y Harp Y Henson N Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Seay Y Shafer Y Smith,F Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley 581 576 JOURNAL OF THE SENATE Y Cheeks E Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Kemp,R N Lamutt E Lee Y Levetan Y Me V Bremen N Moody Y Mullis Y Price Y Reed Y Seabaugh Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the motion, the yeas were 47, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 157 as amended by the Senate. Senator Stephens of the 51st moved that the Senate adjourn until 1:00 p.m., Wednesday, February 18, 2004. The motion prevailed, and the President announced the Senate adjourned at 12:35 p.m. 582 WEDNESDAY, FEBRUARY 18, 2004 577 Senate Chamber, Atlanta, Georgia Wednesday, February 18, 2004 Twentieth 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. Pursuant to Senate Rule 48 Senator Johnson of the 1st asked for a quorum call. A quorum call was taken, and the following Senators answered to their names: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Butler Y Cagle Y Cheeks Clay Collins Y Crotts Dean Fort Y Gillis Golden Y Hall Y Hamrick Harbison Y Harp Henson Y Hill Y Hooks Y Hudgens Jackson Y Johnson Y Kemp,B Kemp,R Y Lamutt Lee Levetan Me V Bremen Y Moody Y Mullis Y Price 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 Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa A majority of Senators answered and a quorum was established. Senator Kemp of the 46th moved that the Senate reconsider its action in defeating the following resolution. 583 578 JOURNAL OF THE SENATE 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. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Clay Collins Y Crotts N Dean Fort Y Gillis Golden Y Hall Y Hamrick Harbison Y Harp Henson Y Hill Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Kemp,R Y Lamutt Lee Levetan Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh N Seay Y Shafer N Smith,F Y Smith,P Squires N Starr Y Stephens Stokes Y Tanksley Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa On the motion, the yeas were 30, nays 12; the motion prevailed, and SR 674 was reconsidered and placed on the General Calendar. 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: 584 WEDNESDAY, FEBRUARY 18, 2004 579 HB 753. By Representatives Yates of the 85th, Post 1 and Lunsford of the 85th, Post 2: A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that an assistant district attorney who is a member of the Employees' Retirement System of Georgia may obtain creditable service for certain prior service as an assistant district attorney; to provide that any member of the Georgia Judicial Retirement System may obtain creditable service for such service; and for other purposes. HB 886. By Representatives Coleman of the 118th, Channell of the 77th, Parrish of the 102nd and Morris of the 120th: A BILL to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to provide certain conditions on the receipt by airports of state financial assistance; to provide for the repayment of future state assistance if an airport ceases operations within a certain period of time; to provide for public hearings with respect to closing of airports which have received state financial assistance; and for other purposes. HB 1155. By Representatives Powell of the 23rd, Cummings of the 19th, Parham of the 94th, Hembree of the 46th, Reece of the 21st and others: A BILL 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 provide for certain penalties for drivers who commit right of way violations resulting in collisions with motorcyclists, pedestrians, or bicyclists; and for other purposes. HB 1195. By Representatives Dukes of the 136th, Smyre of the 111th, Heard of the 70th, Post 3, Ehrhart of the 28th, Watson of the 60th, Post 2 and others: A BILL to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to revise the "Georgia Prompt Pay Act" which provides for timely payment of contractors and subcontractors in connection with real property improvements; to provide for the application of said Act to persons providing professional services in connection with improvements; and for other purposes. 585 580 JOURNAL OF THE SENATE HB 1239. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd: A BILL to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for additional restrictions with respect to certain refunds; and for other purposes. HB 1320. By Representatives Henson of the 55th, Smith of the 110th, Orrock of the 51st, Shaw of the 143rd, Ashe of the 42nd, Post 2 and others: A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plan, so as to provide for annual reports on the fiscal condition of the state employees' health insurance plan and on proposed schedule of premiums, deductibles, and employee cost sharing; and for other purposes. HB 1415. By Representatives Channell of the 77th, Parrish of the 102nd, Royal of the 140th, McClinton of the 59th, Post 1 and Wix of the 33rd, Post 1: A BILL to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to change certain provisions regarding compliance audits regarding such tax; to change certain provisions regarding conditions of continuing authorization to impose such tax; to provide for a performance review board; to amend Code Section 36-81-8 of the Official Code of Georgia Annotated, relating to annual local government finance reports, so as to provide for additional reporting requirements for any unit of local government which levies a tax pursuant to Article 3 of Chapter 13 of Title 48; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 528. By Senators Tolleson of the 18th, Butler of the 55th and Kemp of the 46th: A BILL to be entitled an Act to amend Chapter 16 of Title 43 of the O.C.G.A., relating to firearms dealers, so as to transfer authority for the regulation of firearms dealers from the Department of Public Safety to the state revenue commissioner; to provide for a definition; to provide for the promulgation of rules and regulations regarding firearms dealers; to require that firearms dealers applying for a license must submit to a criminal background check as part of the licensing process; to change the provisions relating to surety bonds; to 586 WEDNESDAY, FEBRUARY 18, 2004 581 provide for the collection of amounts due under this chapter; to provide for penalties; to provide for the inspection of licensees and their books records, and other materials and premises; to provide for practices and procedures; to repeal conflicting laws; and for other purposes. Referred to the Public Safety and Homeland Security Committee. SB 529. By Senators Lamutt of the 21st, Golden of the 8th and Stephens of the 51st: A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to extend the suspension of the surcharge on the employer contribution rate based upon the State-wide Reserve Ratio; to repeal conflicting laws; and for other purposes. Senator Lamutt of the 21st gave notice that at the proper time he would ask that SB 529 be engrossed. SB 530. By Senators Lamutt of the 21st, Dean of the 31st, Stephens of the 51st, Johnson of the 1st, Gillis of the 20th and others: A BILL to be entitled an Act to amend Code Section 12-5-33 of the Official Code of Georgia Annotated, relating to grants to counties, municipalities, or other public authorities for water pollution control projects, so as to provide for grants to nonprofit organizations for nonpoint source water pollution control; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 531. By Senators Seabaugh of the 28th, Mullis of the 53rd and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the Department of Industry, Trade, and Tourism, so as to authorize the Department of Industry, Trade, and Tourism to acquire personal property with no mandatory requirement that the department proceed through the Department of Administrative Services; to provide for certain other procedures, conditions, qualifications, limitations, and restrictions; to provide for certain exemptions from Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Economic Development and Tourism Committee. 587 582 JOURNAL OF THE SENATE SR 784. By Senators Zamarripa of the 36th, Levetan of the 40th, Moody of the 27th, Kemp of the 46th, Tolleson of the 18th and others: A RESOLUTION urging and requesting the Department of Human Resources and the Department of Community Health to take certain actions with respect to certain services for people with certain disabilities; and for other purposes. Referred to the Health and Human Services Committee. SR 786. By Senators Mullis of the 53rd, Hudgens of the 47th, Shafer of the 48th, Johnson of the 1st, Smith of the 52nd and others: A RESOLUTION encouraging the display of the Ten Commandments and the acknowledgment of God by local governments and the State of Georgia; and for other purposes. Referred to the Rules Committee. SR 787. By Senator Stephens of the 51st: A RESOLUTION designating the Michael B. Mundy Memorial Bridge; and for other purposes. Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 753. By Representatives Yates of the 85th, Post 1 and Lunsford of the 85th, Post 2: A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that an assistant district attorney who is a member of the Employees' Retirement System of Georgia may obtain creditable service for certain prior service as an assistant district attorney; to provide that any member of the Georgia Judicial Retirement System may obtain creditable service for such service; and for other purposes. Referred to the Retirement Committee. HB 886. By Representatives Coleman of the 118th, Channell of the 77th, Parrish of the 102nd and Morris of the 120th: A BILL to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to provide certain conditions 588 WEDNESDAY, FEBRUARY 18, 2004 583 on the receipt by airports of state financial assistance; to provide for the repayment of future state assistance if an airport ceases operations within a certain period of time; to provide for public hearings with respect to closing of airports which have received state financial assistance; and for other purposes. Referred to the Transportation Committee. HB 1155. By Representatives Powell of the 23rd, Cummings of the 19th, Parham of the 94th, Hembree of the 46th, Reece of the 21st and others: A BILL 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 provide for certain penalties for drivers who commit right of way violations resulting in collisions with motorcyclists, pedestrians, or bicyclists; and for other purposes. Referred to the Public Safety and Homeland Security Committee. HB 1195. By Representatives Dukes of the 136th, Smyre of the 111th, Heard of the 70th, Post 3, Ehrhart of the 28th, Watson of the 60th, Post 2 and others: A BILL to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to revise the "Georgia Prompt Pay Act" which provides for timely payment of contractors and subcontractors in connection with real property improvements; to provide for the application of said Act to persons providing professional services in connection with improvements; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1239. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd: A BILL to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for additional restrictions with respect to certain refunds; and for other purposes. Referred to the Finance Committee. HB 1320. By Representatives Henson of the 55th, Smith of the 110th, Orrock of the 51st, Shaw of the 143rd, Ashe of the 42nd, Post 2 and others: A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of 589 584 JOURNAL OF THE SENATE Georgia Annotated, relating to state employees' health insurance plan, so as to provide for annual reports on the fiscal condition of the state employees' health insurance plan and on proposed schedule of premiums, deductibles, and employee cost sharing; and for other purposes. Referred to the Insurance and Labor Committee. HB 1415. By Representatives Channell of the 77th, Parrish of the 102nd, Royal of the 140th, McClinton of the 59th, Post 1 and Wix of the 33rd, Post 1: A BILL to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to change certain provisions regarding compliance audits regarding such tax; to change certain provisions regarding conditions of continuing authorization to impose such tax; to provide for a performance review board; to amend Code Section 36-81-8 of the Official Code of Georgia Annotated, relating to annual local government finance reports, so as to provide for additional reporting requirements for any unit of local government which levies a tax pursuant to Article 3 of Chapter 13 of Title 48; and for other purposes. Referred to the Finance 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: SR 578 Do Pass Respectfully submitted, Senator Brush of the 24th District, Chairman Mr. President: The Ethics Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 517 Do Pass by substitute Respectfully submitted, Senator Crotts of the 17th District, Chairman 590 WEDNESDAY, FEBRUARY 18, 2004 585 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 229 SB 497 Do Pass Do Pass Respectfully submitted, Senator Tanksley of the 32nd District, Chairman Mr. President: The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 242 SR 755 SR 767 Do Pass Do Pass Do Pass Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Reapportionment and Redistricting Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 522 Do Pass by substitute Respectfully submitted, Senator Price of the 56th District, Chairman The following legislation was read the second time: SB 502 SR 680 SR 682 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 Henson of the 41st asked unanimous consent that Senator Meyer von Bremen of the 12th be excused. The consent was granted, and Senator Meyer von Bremen was excused. 591 586 JOURNAL OF THE SENATE Senator Balfour of the 9th asked unanimous consent that Senator Clay of the 37th be excused. The consent was granted, and Senator Clay 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 Moody of the 27th asked unanimous consent that Senator Lee of the 29th be excused. The consent was granted, and Senator Lee was excused. Senator Smith of the 25th asked unanimous consent that Senator Squires of the 5th be excused. The consent was granted, and Senator Squires was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Blitch Bowen Brown Brush Bulloch Butler Cagle Cheeks Crotts Dean Fort Gillis Hall Hamrick Harp Henson Hill Hooks Hudgens Jackson Kemp,B Kemp,R Lamutt Levetan 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 Not answering were Senators: Clay (Excused) Collins Harbison (Excused) Johnson Meyer von Bremen (Excused) Golden (Excused) Lee (Excused) Squires (Excused) The members pledged allegiance to the flag. Senator Adelman of the 42nd introduced the chaplain of the day, Rabbi Noach Shapiro of Atlanta, Georgia, who offered scripture reading and prayer. 592 WEDNESDAY, FEBRUARY 18, 2004 587 The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1180. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th: A BILL to amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; and for other purposes. The following House legislation was read the first time and referred to committee: HB 1180. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th: A BILL to amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; and for other purposes. Referred to the Appropriations Committee. Senator Zamarripa of the 36th introduced the doctor of the day, Dr. Ziad Kazzi. The following resolutions were read and adopted: SR 785. By Senator Levetan of the 40th: A RESOLUTION commending Dr. R. Derril Gay and congratulating him on his retirement; and for other purposes. SR 788. By Senator Hooks of the 14th: A RESOLUTION commending Jean Slaton; and for other purposes. Senator Price of the 56th asked unanimous consent that Senator Tanksley of the 32nd be excused. The consent was granted, and Senator Tanksley was excused. 593 588 JOURNAL OF THE SENATE Senator Tolleson of the 18th asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused. The time having arrived for the motion, Senator Lamutt of the 21st moved that the following bill be engrossed: SB 529. By Senators Lamutt of the 21st, Golden of the 8th and Stephens of the 51st: A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to extend the suspension of the surcharge on the employer contribution rate based upon the State-wide Reserve Ratio; to repeal conflicting laws; and for other purposes. On the motion to engross, 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 E Clay Y Collins Y Crotts Y Dean Fort Y Gillis E Golden Y Hall Y Hamrick E Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Jackson N Johnson N Kemp,B Y Kemp,R Y Lamutt E Lee Y Levetan N Me V Bremen Y Moody N Mullis N Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr N Stephens Y Stokes E Tanksley Y Tate Y Thomas,D Thomas,N N Thomas,R Y Thompson Y Tolleson Y Unterman E Williams Y Zamarripa On the motion, the yeas were 39, nays 7; the motion prevailed, and SB 529 was engrossed. The President referred SB 529 to the Insurance and Labor Committee. 594 WEDNESDAY, FEBRUARY 18, 2004 589 NOTICE OF MOTION TO RECONSIDER: SR 674 Improvement of Georgia's Pre-K Program, Joint Study Commission; create (ED-46th) SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 18, 2004 TWENTIETH LEGISLATIVE DAY SB 459 Metropolitan North Georgia Water Planning District; meetings, dues payable (NR&E-49th) SB 446 Ethics; unlawful to use/accept public funds for lobbying; penalties (ETHICS-23rd) HB 20 Driving under the influence; additional penalties; victim compensation awards (S JUDY-22nd) Bridges-7th HB 914 Employees' Retirement; reduced retirement allowance and partial lump sum payment (RET-47th) Cummings-19th HB 917 Teachers Retirement; reduced retirement allowance plus lump sum payment (RET-47th) Cummings-19th 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 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. 595 590 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis E 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 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 Starr Y Stephens Y Stokes E Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman E Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 0. SB 459, having received the requisite constitutional majority, was passed. 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 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. 596 WEDNESDAY, FEBRUARY 18, 2004 591 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins Y Crotts Y Dean Y Fort Gillis E 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 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 Stokes E Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 0. SB 446, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 To: Secretary of the Senate February 18, 2004 Please note that on SB 446 I voted yes, but because of electronic malfunction, my vote did not register. Please record my vote as yes. Thank you, /s/ Robert Lamutt Senator Starr of the 44th asked unanimous consent that Senator Gillis of the 20th be excused. The consent was granted, and Senator Gillis was excused. 597 592 JOURNAL OF THE SENATE 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. Senate Sponsor: Senator Hall of the 22nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins Y Crotts Y Dean Fort E Gillis E 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 E Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Stokes E Tanksley Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 46, nays 0. HB 20, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: 598 WEDNESDAY, FEBRUARY 18, 2004 593 The State Senate Atlanta, Georgia 30334 To: Mr. Frank Eldridge Secretary of the Senate From: Senator Horacena Tate 38th District Subject: Voting machine did not register Date: February 18, 2004 (Twentieth Legislative Day) I would like to have my vote on HB 20 officially recorded in today's record as a "YES" vote. Thank you in advance for your consideration. Senator Henson of the 41st asked unanimous consent that Senator Stokes of the 43rd be excused. The consent was granted, and Senator Stokes was excused. Senator Hill of the 4th asked unanimous consent that Senator Kemp of the 3rd be excused. The consent was granted, and Senator Kemp was excused. 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. Senate Sponsor: Senator Hudgens of the 47th. 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 599 594 JOURNAL OF THE SENATE September 26, 2003 Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: Actuarial Investigation House Bill 914 (LC 21 7547S) Employees' Retirement System of Georgia Dear Chairman Cummings: This bill would amend provisions relating to optional retirement allowances for members of the Employees' Retirement System. Specifically, this bill would allow for an additional option that provides the retired member with a reduced retirement allowance together with a partial lump sum distribution. The amount of the lump sum distribution may not exceed the sum of 36 months of the monthly retirement allowance that the member would have received if he or she had not elected this lump sum option. The provisions of this legislation would authorize retiring members to elect this option in addition to any other optional retirement allowance elected. This legislation would not result in any additional cost to the Employees' Retirement System since the value of the partial lump sum payment would be calculated at the time of retirement and the payment would be based on the actuarial value of the employee's benefits. There would be no increase in the employer contribution rate or the unfunded actuarial accrued liability. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36, which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods. (1) The amount of the unfunded actuarial accrued liability which will result from the bill. $ 0 (2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill. $ 0 (3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized. N/A 600 WEDNESDAY, FEBRUARY 18, 2004 595 (4) The amount of the annual normal cost which will result from the bill. $ 0 (5) The employer contribution rate currently in effect. 10.41% (6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 10.41% (7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition. $ 0 It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Respectfully, /s/ Russell W. Hinton State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins Y Crotts Y Dean Y Fort E Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B E Kemp,R Y Lamutt E Lee Y Levetan Y Me V Bremen Y Moody Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens E Stokes E Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson 601 596 JOURNAL OF THE SENATE E Gillis E Golden Y Hall Y Hamrick Y Mullis Y Price Y Reed Y Seabaugh Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 0. HB 914, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Hudgens of the 47th. 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 September 26, 2003 Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: Actuarial Investigation House Bill 917 (LC 21 7545S) Teachers Retirement System of Georgia Dear Chairman Cummings: This bill would amend provisions relating to optional retirement allowances for members 602 WEDNESDAY, FEBRUARY 18, 2004 597 of the Teachers Retirement System. Specifically, this bill would allow for an additional option that provides the retired member with a reduced retirement allowance together with a partial lump sum distribution. The amount of the lump sum distribution may not exceed the sum of 36 months of the monthly retirement allowance that the member would have received if he or she had not elected this lump sum option. The provisions of this legislation would authorize retiring members to elect this option in addition to any other optional retirement allowance elected. This legislation would not result in any additional cost to the Teachers Retirement System since the value of the partial lump sum payment would be calculated at the time of retirement and the payment would be based on the actuarial value of the employee's benefits. There would be no increase in the employer contribution rate or the unfunded actuarial accrued liability. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36, which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods. (1) The amount of the unfunded actuarial accrued liability which will result from the bill. $ 0 (2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill. $ 0 (3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized. N/A (4) The amount of the annual normal cost which will result from the bill. $ 0 (5) The employer contribution rate currently in effect. 9.24% (6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 9.24% (7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition. $ 0 It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. 603 598 JOURNAL OF THE SENATE Respectfully, /s/ Russell W. Hinton State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins Y Crotts Y Dean Y Fort E Gillis E Golden Y Hall Y Hamrick E Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B E Kemp,R Y Lamutt 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 E Stokes E Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 0. HB 917, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 February 18, 2004 The Honorable Frank Eldridge Secretary of the Senate 604 WEDNESDAY, FEBRUARY 18, 2004 599 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Secretary: Please let today's journal reflect that I was called out of the Chamber for a meeting when the votes were taken on SB 446 and HB 20; had I been in the Chamber, I would have voted in the affirmative on both these bills. Thank you for your cooperation in this matter. Sincerely, /s/ Connie Stokes State Senator District 43 Senator Stephens of the 51st moved that the Senate adjourn until 10:00 a.m., Thursday, February 19, 2004. The motion prevailed, and the President announced the Senate adjourned at 2:29 p.m. 605 600 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, February 19, 2004 Twenty-first Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 300. By Representatives Bannister of the 70th, Post 1 and Cummings of the 19th: A BILL to amend Code Section 47-6-42 of the Official Code of Georgia Annotated, relating to election as to coverage under the Georgia Legislative Retirement System and related matters, so as to provide that members of the General Assembly shall have a one-time opportunity to elect membership in such retirement system; to provide that any person making such election may obtain creditable service for prior service by paying all employer and employee contributions with interest; and for other purposes. HB 1248. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st: A BILL to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and transportation, so as to change certain provisions relating to household goods carriers and services provided by such carriers; to change certain provisions relating to motor contract carriers; to change certain provisions relating to chauffeur permits; and for other purposes. 606 THURSDAY, FEBRUARY 19, 2004 601 HB 1250. By Representatives Teilhet of the 34th, Post 2, Buckner of the 109th, Stoner of the 34th, Post 1, Gardner of the 42nd, Post 3 and Jenkins of the 8th: A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for a senior protection advisory council; and for other purposes. HB 1253. By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Smyre of the 111th, Westmoreland of the 86th, Mosby of the 59th, Post 3 and others: A BILL to amend Code Section 40-2-68 of the Official Code of Georgia Annotated, relating to special license plates for Medal of Honor winners, so as to provide that the surviving spouse of a person who has been issued Medal of Honor special license plates may retain and continue to display the plates; and for other purposes. HB 1331. By Representatives Bordeaux of the 125th and Campbell of the 39th: A BILL to amend Code Section 15-11-79.2 of the Official Code of Georgia Annotated, relating to sealing of records, grounds, notice and hearing, the effect of an order, and limitations on issuing orders, so as to change provisions relating to mandatory sealing of records under certain circumstances; and for other purposes. HB 1409. By Representative Royal of the 140th: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption with respect to ice; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 532. By Senators Clay of the 37th, Adelman of the 42nd and Tanksley of the 32nd: A BILL to be entitled an Act to amend Chapter 2 of Title 14 of the O.C.G.A., relating to business corporations, so as to provide for the updating of provisions relating to business corporations; to provide for undeliverable shareholder notices; to provide for electronic transmissions; to provide for renunciation of business opportunities; to provide for flexibility in amendments to series; to provide for effectiveness of amendments; to provide for mergers 607 602 JOURNAL OF THE SENATE and share exchanges; to provide for mailings; to provide for authority to issue options; to provide for and change definitions; to amend Code Section 7-1-712 of the Official Code of Georgia Annotated, relating to applicability of Article 15 of Chapter 2 of Title 14, so as to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 533. By Senator Clay of the 37th: A BILL to be entitled an Act to amend Title 21 of the O.C.G.A., relating to elections, so as to provide that registered political bodies may nominate candidates for state-wide and congressional offices; to provide a short title; to provide for legislative intent; to change the provisions relating to procedures for qualification of candidates generally; to change the provisions relating to nomination of candidates by petition; to change the provisions relating to nomination of presidential electors and candidates of political bodies by convention; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 534. By Senators Levetan of the 40th and Adelman of the 42nd: A BILL to be entitled an Act to amend Code Section 21-2-92 of the Official Code of Georgia Annotated, relating to qualifications of poll officers, so as to remove the requirement that poll officers be residents of the county or municipality in which they serve; to require that all poll officers who are 18 years of age or older be registered voters; 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 535. By Senators Hall of the 22nd and Collins of the 6th: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, so as to extend the date upon which the commission shall cease to exist; to repeal conflicting laws; and for other purposes. Referred to the Children and Youth Committee. 608 THURSDAY, FEBRUARY 19, 2004 603 SB 536. By Senators Thompson of the 33rd and Price of the 56th: A BILL to be entitled an Act to amend Chapter 9 of Title 12 of the O.C.G.A., relating to air pollution control and prevention, so as to provide for rules and regulations for certain local boards of education with the goal of reducing air pollution caused by public schools; to authorize assistance by employees of the Environmental Protection Division to certain local boards of education; to authorize rules prohibiting the use of school buses in certain circumstances; to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to provide for the development and implementation of plans by local boards of education to reduce air pollution caused by public schools and to mitigate the negative impact of poor air quality on the health of students and employees; to repeal conflicting laws; and for other purposes. Referred to the Education Committee. SB 537. By Senators Smith of the 52nd, Tolleson of the 18th, Mullis of the 53rd, Hamrick of the 30th and Moody of the 27th: A BILL to be entitled an Act to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, so as to provide for registration of sex offenders who are volunteers at an institution of higher learning; to include additional information requirements relating to registration of sex offenders at an institution of higher learning; to provide for the establishment of an interactive data base within the state registry specifically for sex offenders at institutions of higher learning; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 538. By Senators Smith of the 52nd, Hamrick of the 30th, Collins of the 6th, Unterman of the 45th and Hudgens of the 47th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to enact "The Campus Sexual Assault Information Act"; to provide for a short title; to provide for definitions; to provide for the establishment of a written campus sexual assault policy at institutions of higher education; to provide for the contents, distribution, and limitation of such policy; to provide for information regarding institutional disciplinary hearings; to provide for the development and distribution of a model sexual assault policy; to provide for information regarding an 609 604 JOURNAL OF THE SENATE institutions sexual assault policy to be included in a federal report; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 539. By Senators Stokes of the 43rd, Jackson of the 50th, Henson of the 41st and Butler of the 55th: A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to prohibit the requirement of prior authorization or other restrictions on medications prescribed for patients receiving treatment for certain medical conditions under a Medicaid or any state funded health care program; 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 540. By Senators Smith of the 52nd, Thomas of the 54th, Mullis of the 53rd, Cagle of the 49th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to enact the "Common-sense Consumption Act"; to provide for a short title; to provide for definitions; to provide for limited liability of food manufacturers, packers, distributors, and others from claims relating to weight gain and obesity; to provide for exceptions to such liability; to provide for pleading requirements relating to claims; to provide for a stay during the pendency of any motion; to provide for applicability of claims; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. The following House legislation was read the first time and referred to committee: HB 300. By Representatives Bannister of the 70th, Post 1 and Cummings of the 19th: A BILL to amend Code Section 47-6-42 of the Official Code of Georgia Annotated, relating to election as to coverage under the Georgia Legislative 610 THURSDAY, FEBRUARY 19, 2004 605 Retirement System and related matters, so as to provide that members of the General Assembly shall have a one-time opportunity to elect membership in such retirement system; to provide that any person making such election may obtain creditable service for prior service by paying all employer and employee contributions with interest; and for other purposes. Referred to the Retirement Committee. HB 1248. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st: A BILL to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and transportation, so as to change certain provisions relating to household goods carriers and services provided by such carriers; to change certain provisions relating to motor contract carriers; to change certain provisions relating to chauffeur permits; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1250. By Representatives Teilhet of the 34th, Post 2, Buckner of the 109th, Stoner of the 34th, Post 1, Gardner of the 42nd, Post 3 and Jenkins of the 8th: A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for a senior protection advisory council; and for other purposes. Referred to the Judiciary Committee. HB 1253. By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Smyre of the 111th, Westmoreland of the 86th, Mosby of the 59th, Post 3 and others: A BILL to amend Code Section 40-2-68 of the Official Code of Georgia Annotated, relating to special license plates for Medal of Honor winners, so as to provide that the surviving spouse of a person who has been issued Medal of Honor special license plates may retain and continue to display the plates; and for other purposes. Referred to the Public Safety and Homeland Security Committee. HB 1331. By Representatives Bordeaux of the 125th and Campbell of the 39th: A BILL to amend Code Section 15-11-79.2 of the Official Code of Georgia 611 606 JOURNAL OF THE SENATE Annotated, relating to sealing of records, grounds, notice and hearing, the effect of an order, and limitations on issuing orders, so as to change provisions relating to mandatory sealing of records under certain circumstances; and for other purposes. Referred to the Judiciary Committee. HB 1409. By Representative Royal of the 140th: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption with respect to ice; and for other purposes. Referred to the Finance Committee. The following committee reports were 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: HB 359 HB 821 Do Pass 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: HB 1143 HB 1375 SB 465 Do Pass Do Pass Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman The following legislation was read the second time: HB 229 HB 242 SB 497 SB 517 SB 522 SR 578 SR 755 SR 767 612 THURSDAY, FEBRUARY 19, 2004 607 Senator Levetan of the 40th asked unanimous consent that Senator Zamarripa of the 36th be excused. The consent was granted, and Senator Zamarripa was excused. Senator Dean of the 31st asked unanimous consent that Senator Blitch of the 7th be excused. The consent was granted, and Senator Blitch was excused. Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused. 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 2nd asked unanimous consent that Senator Kemp of the 3rd be excused. The consent was granted, and Senator Kemp was excused. Senator Tanksley of the 32nd asked unanimous consent that Senator Clay of the 37th be excused. The consent was granted, and Senator Clay was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Bowen Brown Brush Bulloch Butler Cagle Cheeks Collins Crotts Dean Fort Gillis Hall Hamrick Harbison Harp Henson Hill Hudgens Jackson Johnson Kemp,B 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 Not answering were Senators: Blitch (Excused) Hooks (Excused) Zamarripa (Excused) Clay (Excused) Kemp, R (Excused) Golden (Excused) Lamutt 613 608 JOURNAL OF THE SENATE Senator Zamarripa of the 36th 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 Kemp of the 46th introduced the chaplain of the day, Reverend David Batts of Athens, Georgia, who offered scripture reading and prayer. Senator Crotts of the 17th introduced United States Congressman Mac Collins, 8th District. Congressman Collins addressed the Senate briefly. Senator Harp of the 16th introduced the doctor of the day, Dr. Ralph Griffin, Jr. The following resolutions were read and adopted: SR 789. By Senator Clay of the 37th: A RESOLUTION commending the Marietta Fire Department on the occasion of its 150th year of service and dedication to protecting the public; and for other purposes. SR 790. By Senator Thomas of the 2nd: A RESOLUTION commending and recognizing and congratulating Dr. Calvin L. Butts on the occasion of his retirement; and for other purposes. SR 791. By Senators Meyer von Bremen of the 12th, Hooks of the 14th, Brown of the 26th, Harp of the 16th and Tolleson of the 18th: A RESOLUTION honoring W. Douglas Skelton, M.D.; and for other purposes. Senator Meyer von Bremen of the 12th introduced W. Douglas Skelton, M.D., commended by SR 791. Dr. Skelton addressed the Senate briefly. SR 792. By Senators Levetan of the 40th and Butler of the 55th: A RESOLUTION commending the Reverend Raleigh Rucker; and for other purposes. SR 793. By Senator Tate of the 38th: A RESOLUTION commending Nellie Duke, recipient of the Georgia 614 THURSDAY, FEBRUARY 19, 2004 609 Commission on Women's Magnolia Leadership Award; and for other purposes. SR 794. By Senators Smith of the 52nd, Thomas of the 54th, Hall of the 22nd, Tolleson of the 18th and Kemp of the 46th: A RESOLUTION designating November 2, 2004, as Take Your Kids to Vote Day in Georgia; and for other purposes. SR 795. By Senators Harp of the 16th, Hill of the 4th, Moody of the 27th, Collins of the 6th, Tolleson of the 18th and others: A RESOLUTION commending Georgias National Guard troops and recognizing March 5, 2004, as "National Guard Day"; and for other purposes. Senator Seay of the 34th asked unanimous consent that Senator Reed of the 35th be excused. The consent was granted, and Senator Reed was excused. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Thursday, February 19, 2004 Twenty-first Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 465 Johnson of the 1st Thomas of the 2nd CHATHAM COUNTY 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. HB 1143 Hooks of the 14th QUITMAN COUNTY A BILL to provide a homestead exemption from Quitman County 615 610 JOURNAL OF THE SENATE school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; and for other purposes. HB 1375 Balfour of the 9th Unterman of the 45th Butler of the 55th SNELLVILLE, CITY OF A BILL to amend an Act providing a new charter for the City of Snellville, so as to change provisions relating to vacancies, conflicts of interest, powers, quorum, and voting; to change the powers of the mayor and provide for a city manager and the powers and duties thereof; 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: Adelman Y Balfour E Blitch Y Bowen Brown Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill E Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B E Kemp,R Y Lamutt Y Lee Levetan Y Me V Bremen Y Moody Y Mullis Y Price E Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Stokes Tanksley Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the local legislation, the yeas were 43, nays 0. 616 THURSDAY, FEBRUARY 19, 2004 611 The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. SENATE RULES CALENDAR THURSDAY, FEBRUARY 19, 2004 TWENTY-FIRST LEGISLATIVE DAY SB 502 Controlled substances; regulate opioid treatment; dangerous drug; change prov. (H&HS-54th) SR 733 Atlanta Motor Speedway Day at the Capitol (Substitute)(ED&T-17th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee Senator Jackson of the 50th asked unanimous consent that Senator Brown of the 26th be excused. The consent was granted, and Senator Brown was excused. The following legislation was read the third time and put upon its passage: 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Blitch Bowen E Brown Y Brush Y Bulloch Y Harbison Y Harp Y Henson N Hill E Hooks Y Hudgens Y Jackson Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens 617 612 JOURNAL OF THE SENATE Y Butler Y Cagle Y Cheeks E Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Johnson Y Kemp,B E Kemp,R Y Lamutt Y Lee Levetan Y Me V Bremen Y Moody Y Mullis Y Price E Reed Y Seabaugh Y Stokes Y Tanksley Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Zamarripa On the passage of the bill, the yeas were 44, nays 1. SB 502, having received the requisite constitutional majority, was passed. The following communications were received by the Secretary: The State Senate Atlanta, Georgia 30334 Mr. Secretary, Please show me as voting "Aye" on SB 502. /s/ Jack Hill The State Senate Atlanta, Georgia 30334 SB 502 I was busy talking. Yes-vote. /s/ Liane Levetan The State Senate Atlanta, Georgia 30334 I intended to vote Yea on SB 502 on 2/19/04. /s/ Rooney L. Bowen 618 THURSDAY, FEBRUARY 19, 2004 613 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. The Senate Economic Development and Tourism Committee offered the following substitute to SR 733: A RESOLUTION Designating every second Thursday of March as Atlanta Motor Speedway Day at the state capitol; and for other purposes. WHEREAS, March 11, 2004, is Atlanta Motor Speedway Day at the capitol; and WHEREAS, the Atlanta Motor Speedway, a 1.54 mile quad-oval track, is one of the premier motorsports facilities in the country; and WHEREAS, the Atlanta Motor Speedway was originally constructed in 1960 and is nestled on 870 acres located just 30 minutes south of Atlanta; and WHEREAS, the Atlanta Motor Speedway hosts two NASCAR Nextel Cup races each year, the two largest single-day sporting events each year in the State of Georgia; and WHEREAS, the Atlanta Motor Speedway is the main contributor to the local sports economy, bringing in more than $455 million annually, an amount that is greater than the contributions of the Atlanta Braves, Hawks, and Falcons combined; and WHEREAS, during the two NASCAR Nextel Cup weekends, the Atlanta Motor Speedway attracts fans from all 50 states and more than a dozen foreign nations along with more than 10 million viewers worldwide; and WHEREAS, the Atlanta Motor Speedway also hosts Busch Series and ARCA racing during the year and the Thursday Thunder Legends and Bandolero racing during the summer, showcasing the talents of the regions up-and-coming drivers; and WHEREAS, the Atlanta Motor Speedway is in use over 300 days each year, hosting corporate events, driving schools, concerts, air shows, dog shows, circuses, and car shows; and WHEREAS, it is fitting and proper that the contributions of the Atlanta Motor Speedway to our economy and to our state be recognized. 619 614 JOURNAL OF THE SENATE NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body designates March 11, 2004, and every future second Thursday of March as Atlanta Motor Speedway Day at the state capitol and that, on such occasion, the members of this body recognize and commend the Atlanta Motor Speedway for its contributions to this state. BE IT FURTHER RESOLVED that the members of this body express their pride and honor in having the Atlanta Motor Speedway in our state and encourage NASCAR to continue all NASCAR races presently being held at the Atlanta Motor Speedway. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to Bruton Smith, CEO and Chairman of the Board of Atlanta Motor Speedway, and Ed Clark, President and General Manager of the Atlanta Motor Speedway. On the adoption of the substitute, the yeas were 33, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Blitch Bowen E Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price E Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa 620 THURSDAY, FEBRUARY 19, 2004 615 On the adoption of the resolution, the yeas were 49, nays 0. SR 733, having received the requisite constitutional majority, was adopted by substitute. The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 I intended to vote Yea on SR 733 on 2/19/04. /s/ Rooney L. Bowen Senator Stephens of the 51st moved that the Senate adjourn until 9:00 a.m., Friday, February 20, 2004. The motion prevailed, and the President announced the Senate adjourned at 11:22 a.m. 621 616 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, February 20, 2004 Twenty-second Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 79. By Representative Jenkins of the 93rd: 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 an exception to the prohibition against sales to a county school board by a member; and for other purposes. HB 211. By Representatives Rice of the 64th, Millar of the 52nd, Dix of the 70th, Post 2, Sholar of the 141st, Post 1 and Jenkins of the 93rd: A BILL to amend Code Section 30-1-6 of the Official Code of Georgia Annotated, relating to assaulting, beating, harassing, or injuring guide or dogs assisting disabled persons, so as to provide that assaulting or causing the death of an assistance dog or attempting to do so shall be a felony; to provide that interfering with assistance dog duties or attempting to do so shall be a misdemeanor; to provide that interfering with the use of an assistance dog with reckless disregard shall be a misdemeanor or a high and aggravated misdemeanor; and for other purposes. 622 FRIDAY, FEBRUARY 20, 2004 617 HB 1295. By Representatives Smith of the 13th, Post 2, Skipper of the 116th, Barnes of the 84th, Post 2, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1 and others: A BILL to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding collections, expenditures, and exemptions with respect to certain revenue regarding roads; to change certain provisions regarding priority of expenditures from the State Public Transportation Fund; to change certain provisions regarding allocation of state and federal road funds; and for other purposes. HB 1310. By Representatives Holmes of the 48th, Post 1, Bruce of the 45th, Brooks of the 47th, Hugley of the 113th, Reece of the 11th and others: A BILL to amend Code Section 20-2-285 of the Official Code of Georgia Annotated, relating to timetable for implementation of promotion policy, so as to delay the implementation of the Georgia Academic Placement and Promotion Policy for third graders for one year; and for other purposes. HB 1359. By Representatives Thomas Morgan of the 33rd, Post 2, Dean of the 49th, Wix of the 33rd, Post 1 and Powell of the 23rd: A BILL to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to provide that a barber shop may employ apprentice barbers, each of whom must be under the supervision of a separate master barber; and for other purposes. HB 1391. By Representatives Westmoreland of the 86th, Porter of the 119th, Royal of the 140th, Richardson of the 26th and Mills of the 67th, Post 2: A BILL to amend Code Section 48-5-126.1 of the Official Code of Georgia Annotated, relating to training requirements for tax collectors and tax commissioners, so as to revise and change such requirements; to provide that the Department of Motor Vehicle Safety and organizations of affiliated tax officials may conduct creditable training; and for other purposes. HB 1495. By Representative Hanner of the 133rd: A BILL to amend an Act creating the Dawson-Terrell County Airport Authority, so as to change the name of the authority; to change the membership so as to provide that the City of Dawson shall not have any 623 618 JOURNAL OF THE SENATE appointing authority; to delete references to the City of Dawson throughout said Act; and for other purposes. HB 1498. By Representatives Boggs of the 145th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1: A BILL to create the State Court of Charlton County; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1190. By Representative Royal of the 140th: A RESOLUTION commending John Pelham and designating the John Pelham Memorial Parkway; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 541. By Senators Smith of the 52nd, Gillis of the 20th, Mullis of the 53rd and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that certain applications for resident hunting, fishing, or trapping licenses shall also serve as applications for voter registration; to provide for procedures and administration related thereto; to change certain provisions relating to application for registration; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 542. By Senators Jackson of the 50th, Thomas of the 54th, Price of the 56th, Thomas of the 10th and Starr of the 44th: 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 registration and licensing of motor vehicles generally, so as to provide for special license plates promoting organ and tissue donation organizations; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative 624 FRIDAY, FEBRUARY 20, 2004 619 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 543. By Senator Balfour of the 9th: A BILL to be entitled an Act to amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to delete certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 544. By Senator Balfour of the 9th: A BILL to be entitled an Act to amend Code Section 33-30-4.3 of the Official Code of Georgia Annotated, relating to utilization of mail-order pharmaceutical distributors in policies, plans, contracts, or funds, so as to permit a health maintenance organization to utilize a licensed Georgia pharmacy that is owned and operated by such health maintenance organization to distribute refills of prescription drugs by mail or other common carrier for its enrollees only; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 545. By Senator Thompson of the 33rd: A BILL to be entitled an Act to authorize the City of Powder Springs to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 546. By Senators Stokes of the 43rd and Tate of the 38th: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 49 of the 625 620 JOURNAL OF THE SENATE Official Code of Georgia Annotated, relating to children and youth services, so as to provide for availability of information in child welfare agencies relating to recall notices on unsafe child care products; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Children and Youth Committee. SB 547. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend an Act to provide for the election of members to the Dade County board of education, approved February 6, 1984 (Ga. L. 1984, p. 3575), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 548. By Senators Unterman of the 45th and Kemp of the 46th: A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Bethlehem, approved April 21, 1967 (Ga. L. 1967, p. 3412), so as to provide for a municipal court and the judges thereof; to provide for jurisdiction of such court; to provide for a clerk; to provide for bail; to provide for punishments; to provide for a town jail; to provide for the issuance of subpoenas and warrants and the execution of judgments; to provide for staggered terms of office for the members of the town council; to require submission for preclearance under Section 5 of the Federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SR 797. By Senator Seabaugh of the 28th: A RESOLUTION honoring George William Potts and designating the George W. Potts Highway; and for other purposes. Referred to the Transportation Committee. 626 FRIDAY, FEBRUARY 20, 2004 621 SR 799. By Senator Jackson of the 50th: A RESOLUTION commending the Department of Natural Resources, the Department of Industry, Trade, and Tourism, and the U.S. Army Corps of Engineers with respect to "Great Lakes of Georgia" website; urging the inclusion of certain additional lakes on the website; and for other purposes. Referred to the Rules Committee. SR 802. By Senators Jackson of the 50th, Thomas of the 54th, Starr of the 44th and Thomas of the 10th: A RESOLUTION proposing an amendment to the Constitution so as to provide for a special license plate promoting organ and tissue donation organizations; to provide for the donation of revenue derived from the sales of such license plates; to provide for the deposit of revenue other than such donations into the general fund; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Public Safety and Homeland Security Committee. The following House legislation was read the first time and referred to committee: HB 79. By Representative Jenkins of the 93rd: 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 an exception to the prohibition against sales to a county school board by a member; and for other purposes. Referred to the Education Committee. HB 211. By Representatives Rice of the 64th, Millar of the 52nd, Dix of the 70th, Post 2, Sholar of the 141st, Post 1 and Jenkins of the 93rd: A BILL to amend Code Section 30-1-6 of the Official Code of Georgia Annotated, relating to assaulting, beating, harassing, or injuring guide or dogs assisting disabled persons, so as to provide that assaulting or causing the death of an assistance dog or attempting to do so shall be a felony; to provide that interfering with assistance dog duties or attempting to do so shall be a 627 622 JOURNAL OF THE SENATE misdemeanor; to provide that interfering with the use of an assistance dog with reckless disregard shall be a misdemeanor or a high and aggravated misdemeanor; and for other purposes. Referred to the Judiciary Committee. HB 1295. By Representatives Smith of the 13th, Post 2, Skipper of the 116th, Barnes of the 84th, Post 2, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1 and others: A BILL to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding collections, expenditures, and exemptions with respect to certain revenue regarding roads; to change certain provisions regarding priority of expenditures from the State Public Transportation Fund; to change certain provisions regarding allocation of state and federal road funds; and for other purposes. Referred to the Transportation Committee. HB 1310. By Representatives Holmes of the 48th, Post 1, Bruce of the 45th, Brooks of the 47th, Hugley of the 113th, Reece of the 11th and others: A BILL to amend Code Section 20-2-285 of the Official Code of Georgia Annotated, relating to timetable for implementation of promotion policy, so as to delay the implementation of the Georgia Academic Placement and Promotion Policy for third graders for one year; and for other purposes. Referred to the Education Committee. HB 1359. By Representatives Thomas Morgan of the 33rd, Post 2, Dean of the 49th, Wix of the 33rd, Post 1 and Powell of the 23rd: A BILL to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to provide that a barber shop may employ apprentice barbers, each of whom must be under the supervision of a separate master barber; and for other purposes. Referred to the Regulated Industries and Utilities Committee. 628 FRIDAY, FEBRUARY 20, 2004 623 HB 1391. By Representatives Westmoreland of the 86th, Porter of the 119th, Royal of the 140th, Richardson of the 26th and Mills of the 67th, Post 2: A BILL to amend Code Section 48-5-126.1 of the Official Code of Georgia Annotated, relating to training requirements for tax collectors and tax commissioners, so as to revise and change such requirements; to provide that the Department of Motor Vehicle Safety and organizations of affiliated tax officials may conduct creditable training; and for other purposes. Referred to the Finance Committee. HB 1495. By Representative Hanner of the 133rd: A BILL to amend an Act creating the Dawson-Terrell County Airport Authority, so as to change the name of the authority; to change the membership so as to provide that the City of Dawson shall not have any appointing authority; to delete references to the City of Dawson throughout said Act; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1498. By Representatives Boggs of the 145th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1: A BILL to create the State Court of Charlton County; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 1190. By Representative Royal of the 140th: A RESOLUTION commending John Pelham and designating the John Pelham Memorial Parkway; and for other purposes. Referred to the Transportation 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: 629 624 SB 488 JOURNAL OF THE SENATE Do Pass by substitute Respectfully submitted, Senator Cheeks of the 23rd District, Chairman Mr. President: The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 507 SB 513 Do Pass by substitute Do Pass Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 547 Do Pass 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 408 Do Pass by substitute Respectfully submitted, Senator Tanksley of the 32nd District, Chairman Mr. President: The Public Safety and Homeland Security Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 630 FRIDAY, FEBRUARY 20, 2004 625 HB 1192 SB 506 SR 669 Do Pass Do Pass by substitute Do Pass Respectfully submitted, Senator Bowen of the 13th District, Chairman The following legislation was read the second time: HB 359 HB 821 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 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 Adelman of the 42nd asked unanimous consent that Senator Zamarripa of the 36th be excused. The consent was granted, and Senator Zamarripa was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Crotts Dean Gillis Golden Hall Hamrick Harbison Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Lamutt Lee Levetan Me V Bremen Moody Mullis Price Reed Seabaugh Seay Shafer Smith,F Smith,P Squires Stephens Stokes Tanksley Tate Thomas,D Thomas,R Thompson Tolleson Unterman Williams Not answering were Senators: 631 626 JOURNAL OF THE SENATE Blitch Kemp, R (Excused) Zamarripa (Excused) Collins Starr (Excused) Fort Thomas, N The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Blitch Fort Zamarripa The members pledged allegiance to the flag. Senator Dean of the 31st introduced the chaplain of the day, Bishop David Huskins of Cedartown, Georgia, who offered scripture reading and prayer. Senator Jackson of the 50th introduced Peace Officer of the Year for Meritorious Service, Corporal Stanley Elrod, commended by SR 631, adopted previously. Corporal Elrod addressed the Senate briefly. Senator Unterman of the 45th introduced members of the Forsyth County Public Library System, commended by SR 671, adopted previously. Senator Levetan of the 40th introduced the doctor of the day, Dr. Kathy Hall Boyer. Senator Hill of the 4th introduced Peace Officer of the Year for Valor, Officer Jamey Holloway, commended by SR 630, adopted previously. Officer Holloway addressed the Senate briefly. Senator Tate of the 38th introduced Lieutenant Colonel Charles W. Dryden of the famed Tuskegee Airmen and United States Air Force, commended by SR 658, adopted previously. Lieutenant Colonel Dryden addressed the Senate briefly. Senator Hudgens of the 47th introduced University of Georgia Place Kicker, William B. "Billy" Bennett, commended by SR 706, adopted previously. Billy Bennett addressed the Senate briefly. Senator Adelman of the 42nd introduced players and faculty of the Marist High School AAAA State Football Championship Team, commended by SR 666, adopted previously. Coach Alan Chadwick addressed the Senate briefly. Senator Harbison of the 15th introduced Consul-General of Nigeria, Honorable Joe Keshi, commended by SR 753, adopted previously and recognized Africa Day at the Capitol. Consul-General Keshi addressed the Senate briefly. 632 FRIDAY, FEBRUARY 20, 2004 627 The following resolutions were read and adopted: SR 796. By Senator Seabaugh of the 28th: A RESOLUTION commending Ms. Carol Traetto; and for other purposes. SR 798. By Senator Jackson of the 50th: A RESOLUTION recognizing the 50th anniversary of the Ty Cobb Educational Foundation; and for other purposes. SR 800. By Senators Moody of the 27th and Price of the 56th: A RESOLUTION commending Justin Brooks Washington; and for other purposes. SR 801. By Senators Lamutt of the 21st, Dean of the 31st, Collins of the 6th, Thompson of the 33rd, Tanksley of the 32nd and others: A RESOLUTION commending Dr. Harlon Crimm and recognizing his selection as the National Council of Marketing and Public Relations "Pacesetter of the Year" for 2004; and for other purposes. SR 803. By Senator Balfour of the 9th: A RESOLUTION commending Alton C. Crews Middle School on its Pay for Performance Award; and for other purposes. SR 804. By Senator Balfour of the 9th: A RESOLUTION commending Brookwood High School on its Pay for Performance Award; and for other purposes. SR 805. By Senators Thompson of the 33rd, Tanksley of the 32nd, Lamutt of the 21st and Collins of the 6th: A RESOLUTION congratulating Ms. Jenny Womack; and for other purposes. SR 806. By Senator Fort of the 39th: A RESOLUTION commending Sandy Springs Middle School and recognizing 8th Grade Career Day; and for other purposes. 633 628 JOURNAL OF THE SENATE SR 807. By Senator Jackson of the 50th: A RESOLUTION commending the volunteers and recognizing the community benefits of "Rhapsody in Rabun"; and for other purposes. SR 808. By Senator Jackson of the 50th: A RESOLUTION commending the Kautex Textron Company of Lavonia for its outstanding achievements in business; and for other purposes. SR 809. By Senator Jackson of the 50th: A RESOLUTION commending the Reverend W. L. Whelchel for his 40 years of service to the ministry; and for other purposes. SR 810. By Senator Jackson of the 50th: A RESOLUTION congratulating Mr. Owen Thomason for outstanding leadership and on his selection as the 2003 National Agriscience Teacher of the Year; and for other purposes. SR 811. By Senator Jackson of the 50th: A RESOLUTION in memory and honor of the life of Judge Jack N. Gunter and expressing condolences; and for other purposes. SR 812. By Senator Jackson of the 50th: A RESOLUTION commending Macy Marie Sirmans on her nomination for Georgia's Youth Poet Laureate; and for other purposes. SR 813. By Senator Jackson of the 50th: A RESOLUTION commending North Georgia College & State University male choral group, the Patriot Choir; and for other purposes. SR 814. By Senators Thompson of the 33rd, Clay of the 37th, Tanksley of the 32nd, Lamutt of the 21st and Collins of the 6th: A RESOLUTION commending Betty Gray; and for other purposes. 634 FRIDAY, FEBRUARY 20, 2004 629 SENATE RULES CALENDAR FRIDAY, FEBRUARY 20, 2004 TWENTY-SECOND LEGISLATIVE DAY SB 522 Senatorial Districts; composition; qualifications; election; reapportionment (Substitute)(R&R-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 522. By Senators Price of the 56th, Johnson of the 1st and Stephens of the 51st: A BILL to be entitled an Act to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; to provide for the election of Senators; to provide when the Senators elected shall take office; to provide for the continuation of present senatorial districts until a certain time; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Reapportionment and Redistricting Committee offered the following substitute to SB 522: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; to provide for the election of Senators; to provide when the Senators elected shall take office; to provide for the continuation of present senatorial districts until a certain time; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of 635 630 JOURNAL OF THE SENATE members, is amended in subsection (a) of Code Section 28-2-2, relating to apportionment and qualifications for the Senate, by striking the description of senatorial districts 1 through 56 immediately following the second sentence thereof and inserting in its place the description of senatorial districts 1 through 56 attached to this Act and made a part hereof and further identified as: "Plan Name: SENFAIR8 Plan Type: Senate User: staff Administrator: S056". SECTION 2. Said chapter is further amended by striking subsection (c) of Code Section 28-2-2, relating apportionment and qualifications for the Senate, and inserting in its place a new subsection (c) to read as follows: "(c) The first members of the Senate elected pursuant to this Code section shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 2003 2005. Until that time the membership of the Senate elected under prior law shall continue to serve and shall represent the districts from which elected; and until that time the composition of the districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective, however, for the primary and general elections of 2002 2004 for the purpose of electing members of the Senate in 2002 2004 who are to take office in 2003 2005. Successors to those members shall likewise be elected under the provisions of this Code section." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Plan Name: SENFAIR8 Plan Type: Senate User: staff Administrator: S056 Redistricting Plan Components Report District 001 Bryan County Chatham County Tract: 102 BG: 3 3000 3001 3004 3005 3006 3020 3021 Tract: 105.01 BG: 4 4010 4011 4012 4013 4015 4996 636 FRIDAY, FEBRUARY 20, 2004 631 BG: 5 Tract: 105.02 BG: 1 1012 1013 1014 1015 1016 1017 1033 1034 1035 1999 BG: 2 2012 Tract: 107 BG: 1 1046 1047 1085 1086 1087 1147 1182 1183 1184 1185 1186 1187 1188 Tract: 108.01 BG: 1 1005 1021 1022 1025 1026 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1999 BG: 2 Tract: 108.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1036 1051 1055 1056 1058 1059 1061 1062 1064 1065 1066 1070 1071 1073 1074 1075 1076 1077 1078 1079 1997 1998 1999 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2040 2041 2042 2043 2044 2045 2046 2047 2048 2997 2998 2999 Tract: 108.03 BG: 1 1000 1001 1002 1003 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 BG: 2 2001 2003 2004 2005 2006 2007 2008 2009 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 BG: 3 BG: 4 Tract: 108.04 BG: 1 BG: 2 637 632 JOURNAL OF THE SENATE BG: 3 BG: 5 5000 5001 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 Tract: 108.05 Tract: 109.01 BG: 3 3011 3998 Tract: 109.02 BG: 1 1000 1001 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1994 1995 1996 1997 1998 1999 Tract: 110.02 Tract: 110.03 Tract: 110.04 Tract: 111.01 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5996 5997 5998 5999 Tract: 111.03 Tract: 111.04 Tract: 111.05 Tract: 29 Tract: 30 BG: 2 BG: 3 Tract: 34 BG: 3 BG: 4 BG: 5 BG: 6 Tract: 39 BG: 1 BG: 4 4000 4001 4002 4003 Tract: 40.01 638 FRIDAY, FEBRUARY 20, 2004 633 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 40.02 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 BG: 2 Tract: 41 Tract: 42.02 BG: 5 5000 BG: 6 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 BG: 7 7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7014 7015 7016 7017 7998 7999 BG: 9 9000 9009 9996 9997 9998 9999 Tract: 42.06 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1997 Liberty County Tract: 101 Tract: 102.01 Tract: 102.02 BG: 1 1001 1004 1005 1006 1007 1008 1009 1010 1023 1024 1025 Tract: 102.03 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2073 2074 2999 Tract: 102.04 BG: 1 1007 1008 1039 1040 1041 1042 1043 1044 1045 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 639 634 JOURNAL OF THE SENATE 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 BG: 2 2021 2022 2023 2024 Tract: 103 BG: 1 1005 1006 1007 1008 Tract: 104 BG: 3 3000 3001 3061 3062 Tract: 105 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3078 3079 3080 3081 3090 3091 3092 3093 3094 3095 3996 3997 3998 3999 District 002 Chatham County Tract: 1 Tract: 101.01 Tract: 101.02 Tract: 102 BG: 1 BG: 2 BG: 3 3002 3003 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 Tract: 105.01 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4014 4997 640 FRIDAY, FEBRUARY 20, 2004 635 4998 4999 Tract: 105.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 Tract: 106.01 Tract: 106.03 Tract: 106.04 Tract: 106.05 Tract: 107 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 BG: 3 BG: 4 BG: 5 Tract: 108.01 BG: 1 1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1023 1024 1027 1042 1043 1044 1045 Tract: 108.02 BG: 1 1019 1020 1021 1034 1035 1037 1038 1039 1040 1041 1042 1043 641 636 JOURNAL OF THE SENATE 1044 1045 1046 1047 1048 1049 1050 1052 1053 1054 1057 1060 1063 1067 1068 1069 1072 1995 1996 BG: 2 2000 2039 Tract: 108.03 BG: 1 1004 BG: 2 2000 2002 2010 Tract: 108.04 BG: 4 BG: 5 5002 5003 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 Tract: 109.01 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3999 Tract: 109.02 BG: 1 1002 1003 Tract: 11 Tract: 111.01 BG: 5 5015 5016 5017 5018 5019 5020 5021 5022 5023 5993 5994 5995 Tract: 12 Tract: 13 Tract: 15 Tract: 18 Tract: 19 Tract: 20 Tract: 21 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28 Tract: 3 Tract: 30 BG: 1 642 FRIDAY, FEBRUARY 20, 2004 637 Tract: 32 Tract: 33.01 Tract: 33.02 Tract: 34 BG: 1 BG: 2 Tract: 35.01 Tract: 35.02 Tract: 36.01 Tract: 36.02 Tract: 37 Tract: 38 Tract: 39 BG: 2 BG: 3 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 Tract: 40.01 BG: 1 Tract: 40.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1023 1024 1025 1026 1027 1028 BG: 3 BG: 4 BG: 5 Tract: 42.02 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5001 5002 BG: 6 6000 6001 BG: 7 7000 7001 BG: 8 BG: 9 9001 9002 9003 9004 9005 9006 9007 9008 Tract: 42.05 Tract: 42.06 643 638 JOURNAL OF THE SENATE BG: 1 1000 1001 1002 1003 1998 1999 Tract: 42.07 Tract: 42.08 Tract: 43 Tract: 44 Tract: 45 Tract: 6.01 Tract: 8 Tract: 9 District 003 Camden County Glynn County Tract: 1 Tract: 10 BG: 2 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2998 BG: 3 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3989 3990 3991 3992 3993 3994 3995 3996 BG: 4 BG: 5 Tract: 2 Tract: 3 Tract: 4.02 BG: 1 644 FRIDAY, FEBRUARY 20, 2004 639 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3057 3058 3999 BG: 5 Tract: 5.01 Tract: 5.02 Tract: 6 BG: 1 BG: 2 2000 2001 2002 2003 2004 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2998 2999 BG: 3 Tract: 7 Tract: 8 Tract: 9 Liberty County Tract: 102.02 BG: 1 1000 1002 1003 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 Tract: 102.03 BG: 2 2064 2065 2066 2067 2068 2069 2070 2071 2072 Tract: 102.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1046 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 645 640 JOURNAL OF THE SENATE Tract: 103 BG: 1 1000 1001 1002 1003 1004 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 104 BG: 1 BG: 2 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3998 3999 Tract: 105 BG: 1 1015 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 BG: 2 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2990 2991 2992 2993 2994 2995 2996 2997 2998 2999 BG: 3 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3082 3083 3084 3085 3086 3087 3088 3089 3992 3993 3994 3995 BG: 4 Tract: 106 Long County McIntosh County 646 FRIDAY, FEBRUARY 20, 2004 641 District 004 Bulloch County Effingham County Evans County Jenkins County Tract: 9601 BG: 1 1000 1001 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1999 BG: 2 2035 2037 2038 2039 2040 2041 2042 2043 2044 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2071 2072 2073 2074 BG: 4 4107 4108 4109 4110 4111 4112 4113 4128 4129 4130 4131 4139 BG: 5 BG: 6 Screven County Tattnall County District 005 DeKalb County Tract: 213.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1013 1014 1015 1016 1017 BG: 2 2004 2005 2006 2007 2010 2011 2033 Tract: 213.04 BG: 1 647 642 JOURNAL OF THE SENATE 1000 1001 1002 1004 1005 1006 1007 1008 1009 1010 1011 1012 1014 1016 1017 1018 1019 1020 1021 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2022 2023 2024 2025 BG: 3 3012 3014 3015 3016 Gwinnett County Tract: 502.04 BG: 2 2031 2032 2038 2039 2040 2041 2049 Tract: 502.07 BG: 1 1000 1001 1002 1003 1004 1005 1006 1032 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 BG: 3 Tract: 503.04 BG: 1 BG: 2 2000 2001 2002 2003 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Tract: 503.06 BG: 1 1000 1002 1003 1004 1005 1006 1007 1010 1011 1012 1013 1014 1015 1016 1017 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1999 BG: 2 Tract: 503.12 Tract: 503.13 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1011 1012 1013 1014 1015 1016 1017 1018 BG: 3 BG: 4 BG: 5 BG: 7 Tract: 503.14 BG: 3 3005 3006 3007 BG: 4 648 FRIDAY, FEBRUARY 20, 2004 643 Tract: 503.16 Tract: 504.03 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 Tract: 504.10 BG: 4 4001 4002 4003 Tract: 504.11 Tract: 504.17 Tract: 504.18 Tract: 504.19 Tract: 504.20 Tract: 504.21 Tract: 504.22 Tract: 504.23 Tract: 504.24 Tract: 505.07 BG: 3 3005 3006 3007 3008 3009 3010 Tract: 505.17 Tract: 505.18 Tract: 505.19 BG: 5 BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7012 District 006 Cobb County Tract: 303.12 BG: 2 BG: 4 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 BG: 5 Tract: 303.29 Tract: 303.30 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 Tract: 303.38 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 BG: 4 4004 4007 4008 4009 4010 Tract: 303.39 649 644 JOURNAL OF THE SENATE BG: 1 Tract: 304.01 Tract: 304.02 BG: 1 1004 BG: 3 3012 3013 Tract: 304.04 Tract: 304.05 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2017 2018 2019 2020 2021 2026 2027 2028 2030 2031 2044 Tract: 304.06 BG: 1 BG: 2 BG: 3 3006 3007 3009 3010 BG: 4 4000 BG: 5 5001 5006 Tract: 305.01 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3028 3030 BG: 4 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4079 4080 4081 4082 4083 4084 4085 4086 Tract: 305.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 650 FRIDAY, FEBRUARY 20, 2004 645 BG: 3 Tract: 305.04 BG: 2 BG: 3 Tract: 305.05 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Tract: 308 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3006 3024 3025 3026 3027 3028 3029 3030 3031 3037 3038 3039 3040 3041 3042 3043 Tract: 309.02 BG: 1 1024 BG: 2 2000 2004 2005 2006 2010 2011 2012 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Tract: 309.04 BG: 1 1006 1007 1009 1010 1011 1012 1013 BG: 2 2000 2006 2010 2012 Tract: 310.01 Tract: 310.02 BG: 1 BG: 2 2000 2004 2005 2007 2008 2012 2013 2014 2017 2018 2019 Tract: 310.04 BG: 1 BG: 2 2000 2001 2002 2012 2013 2014 2015 2016 2017 2018 2019 BG: 3 3000 3001 3012 3013 Tract: 311.01 Tract: 311.05 BG: 1 1000 1001 1002 1004 1005 1006 1007 1008 1009 1010 1011 1016 1017 1018 1019 1023 1024 1025 1026 1029 1030 1035 1036 1037 651 646 JOURNAL OF THE SENATE 1038 1039 1040 1043 1044 1045 1047 1048 1049 1050 1051 1052 1053 1054 1055 1058 1059 1060 1061 BG: 2 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2040 2041 2042 2043 Tract: 311.06 BG: 4 4018 4019 4020 Tract: 311.07 Tract: 311.08 Tract: 311.09 BG: 1 1000 1001 1002 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 BG: 2 Tract: 311.10 Tract: 311.11 Tract: 311.12 Tract: 312.02 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3997 3998 3999 BG: 4 BG: 5 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6999 Tract: 312.03 BG: 1 1000 1001 1002 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 BG: 2 Tract: 312.04 Tract: 313.02 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4013 4016 4028 4032 Tract: 313.06 652 FRIDAY, FEBRUARY 20, 2004 647 BG: 1 1019 Tract: 313.07 BG: 1 1000 1001 1002 1003 1004 1006 BG: 2 BG: 3 District 007 Atkinson County Bacon County Berrien County Brantley County Charlton County Clinch County Echols County Lanier County Pierce County Tift County Tract: 9901 BG: 1 1000 1001 1002 1003 1004 1005 1033 1034 1035 1036 1047 1048 1049 1999 Tract: 9903 BG: 1 1007 1008 1009 1038 1039 1040 1041 1042 1043 1044 1045 1046 BG: 2 BG: 3 BG: 4 BG: 6 Tract: 9904 Tract: 9905 Tract: 9906 653 648 JOURNAL OF THE SENATE BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2037 Tract: 9908 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1031 1032 1033 1034 1035 1036 1037 1038 BG: 2 Tract: 9909 BG: 1 1017 1018 1019 1020 1021 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2999 BG: 3 Ware County District 008 Brooks County Colquitt County Tract: 9701 Tract: 9702 Tract: 9703 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1039 1040 1041 1042 1043 1044 1045 1046 Tract: 9704 BG: 1 1000 1001 1002 1003 1004 1005 1008 1009 1011 1012 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 BG: 2 2000 2001 2002 2003 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2999 654 FRIDAY, FEBRUARY 20, 2004 649 BG: 3 Tract: 9705 Tract: 9706 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2019 2020 2021 2022 2023 2024 2025 2026 2027 Tract: 9707 BG: 1 1000 1001 1002 1003 1004 1005 1035 1036 1037 1038 1039 1040 BG: 4 4000 4001 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4037 4038 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5030 5062 5063 5064 5065 5069 5070 Tract: 9709 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1034 1035 1998 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2065 2066 2067 2998 2999 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3020 3022 3023 3998 Cook County Lowndes County District 009 Gwinnett County Tract: 504.15 BG: 1 1003 BG: 2 2009 655 650 JOURNAL OF THE SENATE Tract: 504.25 BG: 3 Tract: 504.26 BG: 6 BG: 7 BG: 8 8000 8001 8002 BG: 9 Tract: 504.27 Tract: 504.28 Tract: 504.29 Tract: 504.30 Tract: 505.07 BG: 2 BG: 3 3000 3001 3002 3003 3004 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 BG: 7 Tract: 505.15 Tract: 505.16 Tract: 505.19 BG: 4 BG: 7 7010 7011 7013 Tract: 505.20 BG: 1 BG: 2 2033 2034 2035 Tract: 505.21 Tract: 505.22 Tract: 507.04 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2009 2012 2013 2014 2015 656 FRIDAY, FEBRUARY 20, 2004 651 2016 2017 2018 2019 2020 2021 2022 BG: 3 BG: 4 4009 4010 4011 4012 Tract: 507.05 BG: 1 1017 1018 1019 1054 1055 1056 1057 1058 1077 1079 Tract: 507.12 Tract: 507.13 Tract: 507.14 Tract: 507.15 Tract: 507.16 BG: 1 BG: 2 BG: 3 3000 3001 3007 3008 Tract: 507.17 BG: 3 Tract: 507.18 Tract: 507.19 Tract: 507.20 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 BG: 3 BG: 4 Tract: 507.21 District 010 Clayton County Tract: 403.03 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3012 3013 3014 3015 BG: 4 4000 4008 4009 BG: 5 BG: 6 Tract: 403.04 BG: 1 657 652 JOURNAL OF THE SENATE 1013 1014 Tract: 403.05 BG: 1 BG: 2 2000 2001 2019 2020 Tract: 404.06 BG: 1 1000 1001 1002 1003 1020 1021 1022 1023 1024 1025 Tract: 404.07 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2012 2013 2014 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2066 2067 2068 2069 Tract: 404.08 Tract: 404.09 Tract: 404.10 Tract: 404.11 Tract: 404.12 Tract: 404.13 Tract: 406.09 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1997 1999 BG: 2 BG: 3 Tract: 406.10 Tract: 406.11 BG: 5 5000 5001 5002 5003 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 Tract: 406.12 BG: 3 3000 3001 3002 3003 3004 3005 3006 BG: 4 Tract: 406.13 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2025 2026 2027 2028 Tract: 406.14 658 FRIDAY, FEBRUARY 20, 2004 653 BG: 4 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 DeKalb County Tract: 234.04 Tract: 234.05 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4997 4998 Tract: 234.10 BG: 2 2014 BG: 9 9000 9001 9004 9005 9006 9007 9008 Tract: 234.11 BG: 1 BG: 2 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Tract: 234.12 Tract: 234.13 Tract: 234.14 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 BG: 2 2003 2004 2005 2006 2007 2008 2009 BG: 3 Tract: 234.15 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1997 1998 BG: 2 2997 2998 2999 BG: 3 BG: 4 Tract: 238.02 BG: 1 659 654 JOURNAL OF THE SENATE 1012 1013 1014 1015 1016 1017 BG: 2 BG: 3 Tract: 238.03 Henry County Tract: 701.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1068 1069 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 Tract: 701.02 BG: 1 1006 1007 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1025 1081 1082 1083 District 011 Baker County Colquitt County Tract: 9703 BG: 1 1038 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 9704 BG: 1 1006 1007 1010 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1049 1050 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2998 Tract: 9706 BG: 2 660 FRIDAY, FEBRUARY 20, 2004 655 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 BG: 3 Tract: 9707 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 BG: 2 BG: 3 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4028 4029 4030 4031 4032 4033 4034 4035 4036 BG: 5 5029 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5066 5067 5068 BG: 6 Tract: 9708 Tract: 9709 BG: 1 1028 1029 1030 1031 1032 1033 1999 BG: 2 2023 2024 2025 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 BG: 3 3000 3001 3002 3003 3017 3018 3019 3021 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3999 BG: 4 Decatur County Early County Grady County Miller County Seminole County Thomas County 661 656 JOURNAL OF THE SENATE District 012 Calhoun County Clay County Dougherty County Tract: 1 Tract: 10 Tract: 101 BG: 1 1001 1015 1016 1996 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2018 2019 2020 2021 2022 Tract: 102 Tract: 103.01 Tract: 103.02 Tract: 104.01 Tract: 104.02 Tract: 104.03 Tract: 105 Tract: 106.01 Tract: 106.02 Tract: 107 Tract: 108 Tract: 109 Tract: 11 Tract: 110 Tract: 111 Tract: 12 Tract: 13 Tract: 14.01 Tract: 14.02 Tract: 15 Tract: 2 Tract: 3 Tract: 4 Tract: 5 Tract: 6 Tract: 7 Tract: 8 Tract: 9 662 FRIDAY, FEBRUARY 20, 2004 657 Mitchell County Randolph County Terrell County Tract: 9802 Tract: 9803 Tract: 9804 Tract: 9805 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1999 District 013 Ben Hill County Crisp County Dooly County Dougherty County Tract: 101 BG: 1 1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1997 1998 1999 BG: 2 2000 2012 2013 2014 2015 2016 2017 Irwin County Lee County Terrell County Tract: 9805 BG: 1 1051 1052 663 658 JOURNAL OF THE SENATE Tift County Tract: 9901 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1050 1051 1052 1053 1054 1055 1056 1057 1995 1996 1997 1998 BG: 2 Tract: 9902 Tract: 9903 BG: 1 1000 1001 1002 1003 1004 1005 1006 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1998 1999 BG: 5 Tract: 9906 BG: 1 1000 1001 1002 1003 1004 1016 1017 1018 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 BG: 2 2036 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 BG: 3 BG: 4 Tract: 9907 Tract: 9908 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1022 1023 1024 1025 1026 1027 1028 1029 1030 Tract: 9909 BG: 1 664 FRIDAY, FEBRUARY 20, 2004 659 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1022 1023 1024 1025 1026 1027 1028 BG: 2 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Turner County Wilcox County Worth County District 014 Bibb County Tract: 121 BG: 1 BG: 2 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 BG: 4 Tract: 122 BG: 2 2041 2042 Tract: 132.01 BG: 1 1000 Tract: 134.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1998 1999 BG: 2 BG: 3 BG: 4 Tract: 134.02 Tract: 136.01 BG: 1 BG: 2 2001 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2998 2999 BG: 3 665 660 JOURNAL OF THE SENATE BG: 4 4010 4011 4012 4013 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4041 4042 4999 Tract: 136.02 BG: 4 4000 4001 4002 4003 4010 4011 4012 4013 4014 4999 BG: 5 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 BG: 6 Crawford County Macon County Marion County Monroe County Tract: 502 BG: 3 3111 3112 3113 3114 3115 Tract: 503 BG: 1 1031 1032 1033 1034 1035 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1127 1128 1129 1134 1135 1136 1137 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1989 1990 1991 1992 1993 1995 BG: 2 BG: 3 Peach County Schley County Sumter County 666 FRIDAY, FEBRUARY 20, 2004 661 Taylor County District 015 Chattahoochee County Muscogee County Tract: 1 Tract: 10 BG: 2 BG: 3 3003 3004 3005 3006 3007 3008 3009 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 Tract: 105.01 BG: 2 2016 2017 2018 2019 2020 2021 Tract: 106.02 Tract: 106.04 Tract: 106.05 Tract: 106.06 Tract: 107.01 Tract: 107.02 Tract: 107.03 Tract: 108 Tract: 109 Tract: 11 Tract: 110 Tract: 12 Tract: 13 Tract: 14 Tract: 15 Tract: 16 Tract: 18 Tract: 19 Tract: 20 Tract: 21 BG: 1 1000 1001 1002 1003 1004 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 BG: 2 2008 2009 2010 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Tract: 22 667 662 JOURNAL OF THE SENATE Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28 Tract: 29.01 Tract: 29.02 Tract: 3 BG: 4 BG: 5 Tract: 30 Tract: 31 Tract: 32 Tract: 33 Tract: 34 Tract: 4 BG: 3 3019 3023 3998 Tract: 5 Tract: 8 Tract: 9 BG: 1 1008 1009 1010 1011 1012 1015 BG: 2 Quitman County Stewart County Webster County District 016 Harris County Lamar County Muscogee County Tract: 10 BG: 1 BG: 3 3000 3001 3002 3010 3011 3012 3013 3014 3015 3016 3017 668 FRIDAY, FEBRUARY 20, 2004 663 Tract: 101.02 Tract: 101.04 Tract: 101.05 Tract: 101.06 Tract: 102.01 Tract: 102.03 Tract: 102.04 Tract: 102.05 Tract: 103.01 Tract: 103.02 Tract: 104.01 Tract: 104.02 Tract: 105.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2022 2023 2024 BG: 3 BG: 4 Tract: 105.02 Tract: 2 Tract: 21 BG: 1 1005 1006 1007 1008 1009 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2011 2012 2013 Tract: 3 BG: 1 BG: 2 BG: 3 Tract: 4 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3020 3021 3022 3997 3999 Tract: 9 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1013 1014 Spalding County Tract: 1609 BG: 1 669 664 JOURNAL OF THE SENATE 1000 1001 1002 1003 1004 1005 1006 1009 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2042 2043 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2057 2058 2059 BG: 3 3032 3036 3041 3042 3043 3046 Tract: 1610 BG: 2 BG: 3 Tract: 1611 BG: 2 2000 2001 2002 2003 2004 2005 2006 2008 2009 2033 2034 2035 2038 2045 2046 2047 2048 2049 2050 Talbot County Upson County District 017 Henry County Tract: 702.03 BG: 1 1000 1001 1002 1003 1004 1010 1011 1012 1013 1014 1015 1016 1017 1025 1030 1031 1032 1033 1034 1035 1036 1037 1038 BG: 2 Tract: 704.01 BG: 1 1001 BG: 2 2000 2001 2003 2004 2005 2006 2007 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2083 2084 2087 2088 Tract: 704.02 Newton County Tract: 1001 Tract: 1002 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 670 FRIDAY, FEBRUARY 20, 2004 665 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1071 1072 1075 1077 1078 1079 1080 1995 1996 1997 1998 1999 BG: 2 2019 2021 2022 2023 2024 2025 2026 2027 2028 2029 2036 2037 Tract: 1003 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2021 2022 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2055 2056 BG: 3 3017 Tract: 1004 Tract: 1005 Tract: 1006 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1099 1100 1101 1999 Tract: 1007 BG: 1 1004 1005 1006 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1023 1024 1025 1026 1027 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1047 1048 1050 1051 1052 1058 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 Tract: 1009 BG: 1 BG: 2 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2997 Rockdale County Tract: 601.01 Tract: 601.02 BG: 1 671 666 JOURNAL OF THE SENATE BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3030 3032 3033 3034 3041 3042 3043 3044 3045 3046 3047 3048 3998 3999 Tract: 603.05 BG: 2 2000 Tract: 603.06 BG: 1 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 Tract: 603.07 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 BG: 2 2028 2029 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 Tract: 604.03 BG: 1 1002 1003 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 BG: 2 BG: 3 Tract: 604.04 Tract: 604.05 Tract: 604.06 Tract: 604.07 Walton County Tract: 1101 Tract: 1102 Tract: 1103 Tract: 1104 Tract: 1105.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1064 1065 1066 1067 1068 1071 1072 1073 672 FRIDAY, FEBRUARY 20, 2004 667 1074 1075 1076 1077 1078 1119 1120 1999 Tract: 1105.02 BG: 1 BG: 2 2030 2032 BG: 3 3020 3021 3022 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 BG: 5 Tract: 1106 Tract: 1107 Tract: 1108 District 018 Bibb County Tract: 130 BG: 2 2200 2201 2202 2214 2215 2216 2217 2218 2219 2220 2221 2222 2235 2236 2990 2991 Tract: 131.01 BG: 5 5001 5002 5037 Tract: 135.01 Tract: 135.02 Tract: 136.02 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 BG: 4 4004 4005 4006 4007 4008 4009 Bleckley County Houston County Pulaski County District 019 Appling County 673 668 JOURNAL OF THE SENATE Coffee County Glynn County Tract: 10 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2196 2197 2198 2199 2200 2201 2202 2203 2204 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3103 3104 3105 3106 3997 3998 3999 Tract: 4.01 Tract: 4.02 BG: 2 2029 2030 BG: 3 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3998 BG: 4 Tract: 6 BG: 2 2005 2006 2007 BG: 4 BG: 5 Jeff Davis County Montgomery County Toombs County Wayne County 674 FRIDAY, FEBRUARY 20, 2004 669 Wheeler County District 020 Candler County Dodge County Emanuel County Jefferson County Jenkins County Tract: 9601 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1030 1031 1032 1033 1034 1035 1036 1112 1113 1998 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2036 2045 2046 2047 2068 2069 2070 2075 2999 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4132 4133 4134 4135 4136 4137 4138 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 4150 4151 4152 4153 4154 4155 4995 4996 4997 4998 4999 Tract: 9602 Johnson County Laurens County 675 670 Telfair County Treutlen County JOURNAL OF THE SENATE District 021 Cherokee County Tract: 903 BG: 2 2018 2019 2020 2021 2022 2023 2029 2030 2031 2032 2033 2992 2993 2994 2995 2996 Tract: 907.01 BG: 4 4049 4052 4998 4999 Tract: 908.01 BG: 7 7999 Tract: 909.03 Tract: 910.01 Tract: 910.03 Tract: 910.04 Tract: 910.05 Tract: 910.06 Tract: 911.01 Tract: 911.02 Tract: 911.03 Cobb County Tract: 301.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1012 1014 1017 1042 1043 1047 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1065 BG: 2 2001 2002 2003 2022 Tract: 302.05 Tract: 302.11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 1020 1021 1022 1029 1040 1041 1042 1043 1044 1045 1067 1068 1069 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 BG: 2 676 FRIDAY, FEBRUARY 20, 2004 671 BG: 3 Tract: 302.12 Tract: 302.15 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1017 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2025 2028 2029 2030 2035 2036 2037 2038 2039 2040 2041 2042 2043 2046 2047 2048 Tract: 302.17 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1018 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1057 1059 1060 1062 1063 1998 1999 Tract: 303.10 Tract: 303.11 BG: 1 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 Tract: 303.13 Tract: 303.14 BG: 1 1007 BG: 2 2000 2001 2002 Tract: 303.23 BG: 1 1000 1001 1002 1003 1004 1005 1006 1011 1012 BG: 2 Tract: 303.24 Tract: 303.25 Tract: 303.26 Tract: 305.01 BG: 3 3027 3029 3031 3032 3033 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 677 672 JOURNAL OF THE SENATE 4012 4053 4054 4055 4056 4060 4061 4063 4065 4068 4069 4070 4073 4074 4075 Tract: 306 BG: 1 1009 1010 1013 1014 1015 1017 1019 1021 1024 1025 1028 1029 1030 1031 1032 1033 1034 1035 1036 1038 1039 1040 1043 1053 1060 1061 1063 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2017 2019 2023 2028 2034 BG: 4 4000 4001 4010 4011 4012 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5014 5015 5016 5025 5027 5029 5030 5031 5032 5033 5039 5040 5042 5043 5044 5045 5046 5047 5048 5049 5050 5053 5054 5055 5056 5057 5997 5998 5999 District 022 Richmond County Tract: 1 BG: 1 BG: 2 2004 2005 2006 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4013 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5023 5024 5025 5026 5027 5028 5029 5999 Tract: 10 BG: 1 BG: 2 BG: 3 BG: 4 4000 4005 4006 4007 4008 4009 4010 4011 4019 4020 4021 4024 4025 Tract: 101.02 BG: 3 3002 3003 3004 3005 3006 3007 3999 678 FRIDAY, FEBRUARY 20, 2004 673 Tract: 102.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1999 BG: 2 BG: 3 3000 3001 3003 3004 3005 3006 3007 3009 3010 3011 3012 3013 3016 3017 3018 3019 3020 Tract: 102.04 BG: 1 1129 Tract: 103 Tract: 104 Tract: 105.04 BG: 2 2032 2033 2034 2035 2036 2037 2038 2039 2048 2049 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2997 2998 Tract: 105.05 BG: 1 BG: 2 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 Tract: 105.06 Tract: 105.07 Tract: 105.08 Tract: 105.09 Tract: 105.10 Tract: 105.11 Tract: 106 Tract: 107.03 Tract: 107.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1061 1062 1063 1064 1065 1066 Tract: 107.05 Tract: 107.06 679 674 JOURNAL OF THE SENATE Tract: 108 BG: 9 9010 9011 9012 9013 9014 Tract: 109.01 BG: 1 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3074 3996 3997 3998 3999 BG: 4 4000 4001 4002 4003 4004 4005 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4999 Tract: 109.02 Tract: 11 BG: 2 2008 2009 2010 2011 2012 Tract: 12 BG: 1 1018 1019 BG: 2 BG: 3 BG: 4 BG: 5 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 BG: 6 6000 6001 6002 6003 6008 6009 6010 6011 6012 6013 6014 6015 BG: 7 Tract: 13 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2018 2019 2020 2023 2024 2025 2026 2027 2028 2029 Tract: 14 Tract: 15 Tract: 16 BG: 2 2000 2001 2002 2003 2004 2005 2036 2037 2038 BG: 4 680 FRIDAY, FEBRUARY 20, 2004 675 4006 4007 4008 BG: 5 BG: 6 Tract: 2 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 BG: 4 Tract: 3 Tract: 4 Tract: 6 Tract: 7 Tract: 8 Tract: 9 District 023 Burke County Columbia County Tract: 301.01 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4042 4043 4044 Tract: 301.02 BG: 1 1005 1012 1013 1014 1015 1016 1017 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1996 1997 Tract: 302.01 BG: 1 1039 1041 1042 Tract: 302.02 Tract: 302.03 Tract: 303.02 BG: 3 681 676 JOURNAL OF THE SENATE 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3999 Tract: 305.02 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4034 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 Tract: 306.03 Glascock County McDuffie County Richmond County Tract: 1 BG: 2 2000 2001 2002 2003 2007 2008 2009 2010 2011 2012 2013 BG: 3 3010 BG: 4 4009 4010 4011 4012 BG: 5 5010 5021 5022 5030 5031 5032 5033 5034 Tract: 10 BG: 4 4001 4002 4003 4004 4012 4013 4014 4015 4016 4017 4018 4022 4023 4026 4027 4028 4029 4030 Tract: 101.01 Tract: 101.02 BG: 1 BG: 2 BG: 3 3000 3001 BG: 4 Tract: 101.04 BG: 1 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 682 FRIDAY, FEBRUARY 20, 2004 677 Tract: 101.05 Tract: 102.01 BG: 1 1011 1012 BG: 3 3002 3008 3014 3015 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3999 Tract: 102.03 Tract: 102.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1130 1131 BG: 2 Tract: 105.04 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2040 2041 2042 2043 2044 2045 2046 2047 2050 2084 2085 2086 2999 Tract: 105.05 BG: 3 3000 3001 3002 3003 Tract: 107.04 BG: 1 1060 Tract: 108 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9996 9997 9998 9999 Tract: 109.01 BG: 3 3073 BG: 4 683 678 JOURNAL OF THE SENATE 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4998 Tract: 11 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2013 2014 2015 2016 BG: 3 Tract: 12 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 BG: 5 5000 BG: 6 6004 6005 6006 6007 Tract: 13 BG: 2 2015 2016 2017 2021 2022 Tract: 16 BG: 1 BG: 2 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 Tract: 2 BG: 3 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 Warren County District 024 Columbia County Tract: 301.01 BG: 4 684 FRIDAY, FEBRUARY 20, 2004 679 4039 4040 4041 Tract: 301.02 BG: 1 1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 1011 1018 1994 1995 1998 1999 Tract: 302.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1040 1043 1044 Tract: 303.02 BG: 3 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3083 3084 Tract: 303.03 Tract: 303.04 Tract: 303.05 Tract: 304 Tract: 305.01 Tract: 305.02 BG: 4 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 BG: 5 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5997 5998 5999 Elbert County Greene County Hancock County Lincoln County Morgan County 685 680 JOURNAL OF THE SENATE Oglethorpe County Richmond County Tract: 101.04 BG: 2 2000 2001 2002 2003 2998 2999 Taliaferro County Wilkes County District 025 Baldwin County Butts County Jasper County Jones County Monroe County Tract: 501 Tract: 502 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3999 Tract: 503 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1036 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1130 1131 1132 686 FRIDAY, FEBRUARY 20, 2004 681 1133 1138 1994 1996 1997 1998 1999 Newton County Tract: 1002 BG: 1 1068 1069 1070 1073 1074 1076 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2020 2030 2031 2032 2033 2034 2035 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2998 2999 BG: 3 BG: 4 Tract: 1003 BG: 2 2017 2018 2019 2020 2023 2024 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3018 3019 3020 3021 3022 3023 3024 3025 Tract: 1006 BG: 1 1023 1025 1026 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 Tract: 1007 BG: 1 1000 1001 1002 1003 1007 1008 1009 1010 1021 1022 1028 1029 1030 1046 1049 1053 1054 1055 1056 1057 1059 1060 1061 1062 1063 1064 1065 Tract: 1008 Tract: 1009 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2998 2999 Putnam County District 026 Bibb County 687 682 JOURNAL OF THE SENATE Tract: 101 Tract: 102 Tract: 103 Tract: 104 Tract: 105 Tract: 106 Tract: 107 Tract: 108 Tract: 110 Tract: 111 Tract: 112 Tract: 113 Tract: 114 Tract: 115 Tract: 117.01 Tract: 117.02 Tract: 118 Tract: 119 Tract: 120 Tract: 121 BG: 3 3000 3001 3002 3003 3004 3005 Tract: 122 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2998 2999 Tract: 123 Tract: 124 Tract: 125 Tract: 126 Tract: 127 Tract: 128 Tract: 129 Tract: 130 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 688 FRIDAY, FEBRUARY 20, 2004 683 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2992 2993 2994 2995 2996 2997 2998 2999 Tract: 131.01 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5038 5039 5040 5041 5042 5043 5044 5045 Tract: 131.02 Tract: 132.01 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1999 BG: 2 BG: 3 BG: 4 Tract: 132.02 Tract: 133.01 Tract: 133.02 Tract: 134.01 BG: 1 1036 Tract: 136.01 689 684 JOURNAL OF THE SENATE BG: 2 2000 2002 2003 2004 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4014 4015 4016 4017 4035 4036 4037 4038 4039 4040 Tract: 136.02 BG: 1 BG: 2 2000 2001 2002 2003 BG: 5 5000 5001 5002 5003 Twiggs County Washington County Wilkinson County District 027 Forsyth County Tract: 1301 BG: 1 1039 Tract: 1302 BG: 2 2008 2009 2018 2019 2020 2021 2022 2047 2050 2051 2052 2053 2054 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2072 2073 2074 2075 2076 2079 2996 2997 2999 Tract: 1303 BG: 1 1024 1038 1039 1040 1041 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 BG: 2 Tract: 1304.01 BG: 1 1000 1001 1002 1003 1004 1005 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1997 1998 1999 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 690 FRIDAY, FEBRUARY 20, 2004 685 2017 2018 2019 2020 2021 2022 2023 2024 2025 Tract: 1304.02 BG: 1 BG: 2 BG: 3 3000 3001 3002 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3029 Tract: 1305.01 BG: 2 BG: 3 Tract: 1305.02 BG: 1 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1998 Tract: 1306 BG: 1 1009 1010 1011 1012 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1037 1038 1039 1040 1041 1042 1043 1044 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1101 1102 1103 1104 1112 1113 1114 1115 1116 1117 1118 BG: 2 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2070 2076 2077 2078 2079 2080 2081 2082 2088 2089 2090 Fulton County Tract: 101.08 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2014 2015 2997 2999 Tract: 114.10 BG: 1 BG: 5 5000 5001 5002 5003 5004 5005 5999 Tract: 114.12 BG: 3 3000 Tract: 114.13 691 686 JOURNAL OF THE SENATE BG: 2 2000 2001 2002 2023 2024 2025 2026 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5013 BG: 8 Tract: 114.14 BG: 2 BG: 3 3006 3007 3008 3009 3010 Tract: 114.15 Tract: 116.04 BG: 5 5022 Tract: 116.06 BG: 3 BG: 4 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9032 9033 9034 9035 9036 9037 9038 9039 9040 9041 9042 9043 9044 9045 9046 9047 9048 9049 9050 9051 9052 9053 9054 9055 9056 9057 9058 9059 9060 9061 9062 9063 9064 9065 9066 9067 9068 9069 9070 Tract: 116.07 BG: 5 5000 BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7014 7016 7017 7018 7019 7020 7021 7022 7023 7024 7025 7026 7027 7029 7033 7051 7052 Tract: 116.08 BG: 1 BG: 2 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3996 3997 3998 Tract: 116.09 District 028 Coweta County 692 FRIDAY, FEBRUARY 20, 2004 687 Tract: 1701 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1996 1997 1998 1999 BG: 2 2000 Tract: 1702 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3008 3012 3013 3014 3015 3016 3017 3018 3019 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 BG: 4 BG: 5 Tract: 1703.01 Tract: 1703.02 Tract: 1704.01 Tract: 1704.02 Tract: 1705 Tract: 1706 Tract: 1707 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1010 1011 1012 1013 1014 1015 1016 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2016 2017 2018 2019 BG: 3 BG: 4 BG: 5 Tract: 1708 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 2020 2021 2022 2023 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2996 2997 2998 2999 693 688 JOURNAL OF THE SENATE BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3054 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3999 BG: 4 4090 4091 4092 Fayette County Tract: 1402.03 BG: 1 1021 1022 1023 1024 1025 1026 1027 1028 1033 1034 1035 1036 1037 1038 1039 BG: 2 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2023 2026 2027 2028 2029 2030 2031 Tract: 1402.04 BG: 2 2030 2031 2032 2033 2034 2035 2036 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 Tract: 1402.05 Tract: 1402.06 Tract: 1403.03 Tract: 1403.04 Tract: 1403.05 Tract: 1403.06 Tract: 1403.07 Tract: 1404.04 BG: 1 1998 BG: 2 2030 2031 Tract: 1404.05 BG: 1 1000 1001 1002 1006 1007 1008 1010 1011 1012 1013 1999 BG: 2 2007 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Tract: 1405.01 694 FRIDAY, FEBRUARY 20, 2004 689 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1043 1044 1045 1046 1047 1996 Tract: 1405.02 Spalding County Tract: 1601 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1997 1998 1999 BG: 2 Tract: 1603 BG: 1 1000 1001 1002 1003 1004 1005 Tract: 1605 BG: 1 1000 1001 1002 1005 1032 1033 1034 1035 1036 1037 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2015 2016 2017 2018 2019 2023 2024 2025 2032 2033 2034 2035 2038 2043 2047 2048 2049 2059 2060 2070 2071 2072 2073 2074 2996 2998 Tract: 1606 Tract: 1607 BG: 5 5009 5011 5012 5016 5017 5020 5021 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5999 Tract: 1612 BG: 3 3026 3028 BG: 4 4000 4001 4002 4003 4004 4005 4006 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 695 690 JOURNAL OF THE SENATE District 029 Coweta County Tract: 1701 BG: 1 1057 1058 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2995 2996 2997 2998 2999 BG: 3 Tract: 1702 BG: 3 3006 3007 3009 3010 3011 3020 3021 3022 3023 3024 Tract: 1707 BG: 1 1008 1009 BG: 2 2015 2020 2021 2022 2023 2024 2025 2026 Tract: 1708 BG: 1 BG: 2 2018 2024 2025 BG: 3 3053 3055 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 Heard County Meriwether County Pike County 696 FRIDAY, FEBRUARY 20, 2004 691 Spalding County Tract: 1601 BG: 1 1090 Tract: 1603 BG: 1 1006 1007 1008 1009 1010 1999 BG: 2 Tract: 1604 Tract: 1605 BG: 1 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 BG: 2 2010 2011 2013 2014 2020 2021 2022 2026 2027 2028 2029 2030 2031 2036 2037 2039 2040 2041 2042 2044 2045 2046 2050 2051 2052 2053 2054 2055 2056 2057 2058 2061 2062 2063 2064 2065 2066 2067 2068 2069 2075 2997 2999 Tract: 1607 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5010 5013 5014 5015 5018 5019 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5086 5087 5088 Tract: 1608 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 BG: 2 BG: 3 Tract: 1609 BG: 1 1007 1008 1010 1011 1012 1013 BG: 2 2012 2013 2014 2029 2040 2041 2044 2045 2056 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 697 692 JOURNAL OF THE SENATE 3024 3025 3026 3027 3028 3029 3030 3031 3033 3034 3035 3037 3038 3039 3040 3044 3045 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 Tract: 1611 BG: 1 BG: 2 2007 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2036 2037 2039 2040 2041 2042 2043 2044 Tract: 1612 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3027 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 BG: 4 4007 4008 4009 4010 4021 Troup County District 030 Carroll County Douglas County Tract: 802.02 BG: 5 5002 5003 5004 5005 5006 5007 5008 5009 5010 Tract: 803.01 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1999 BG: 2 Tract: 803.02 BG: 3 BG: 5 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 698 FRIDAY, FEBRUARY 20, 2004 693 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 BG: 6 Tract: 804.01 Tract: 804.02 Tract: 805.03 Tract: 805.04 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 BG: 4 4001 4002 4005 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4999 Tract: 805.05 Tract: 805.06 Tract: 805.07 Tract: 806.01 BG: 1 BG: 2 2018 2019 BG: 3 District 031 Haralson County Paulding County Polk County District 032 Cobb County Tract: 303.11 BG: 2 BG: 3 BG: 4 4022 Tract: 303.12 BG: 1 BG: 3 BG: 4 699 694 JOURNAL OF THE SENATE 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 Tract: 303.14 BG: 1 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 BG: 3 Tract: 303.18 Tract: 303.19 Tract: 303.20 Tract: 303.22 Tract: 303.23 BG: 1 1007 1008 1009 1010 1998 1999 BG: 3 BG: 4 BG: 5 Tract: 303.27 Tract: 303.28 Tract: 303.30 BG: 1 BG: 2 BG: 3 3000 3012 3013 3014 Tract: 303.31 Tract: 303.32 Tract: 303.33 Tract: 303.34 Tract: 303.35 Tract: 303.36 Tract: 303.37 Tract: 303.38 BG: 1 BG: 2 BG: 3 3000 BG: 4 4000 4001 4002 4003 4005 4006 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 Tract: 303.39 BG: 2 700 FRIDAY, FEBRUARY 20, 2004 695 Tract: 304.02 BG: 1 1000 1001 1002 1003 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3014 3015 3016 3017 3018 3019 3020 3021 3022 BG: 4 Tract: 304.05 BG: 2 2016 2022 2023 2024 2025 2029 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2045 2046 2047 Tract: 304.06 BG: 3 3000 3001 3002 3003 3004 3005 3008 BG: 4 4001 4002 BG: 5 5000 5002 5003 5004 5005 5007 5008 Tract: 311.09 BG: 1 1003 1004 1005 1006 1007 1008 1009 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 Tract: 312.03 BG: 1 1003 1004 1005 1006 1018 1019 1020 1021 Fulton County Tract: 102.04 BG: 3 BG: 5 BG: 8 Tract: 102.05 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 Tract: 102.06 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4997 4998 4999 701 696 JOURNAL OF THE SENATE BG: 5 BG: 6 Tract: 102.07 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 BG: 3 3000 3001 3005 3010 3015 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4011 4014 4015 4016 4017 4024 4996 4999 Tract: 97 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3999 Tract: 98 BG: 1 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2999 BG: 3 BG: 4 Tract: 99 BG: 3 3007 3008 3009 3010 3011 District 033 Cobb County Tract: 302.10 BG: 2 2000 2001 BG: 3 BG: 4 Tract: 309.01 BG: 1 1005 1006 1007 BG: 2 2005 2006 2007 2008 2009 2010 2011 2023 2024 2025 2027 2028 2030 2031 2999 BG: 4 702 FRIDAY, FEBRUARY 20, 2004 697 4011 4014 Tract: 309.04 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4012 Tract: 309.05 BG: 1 1000 1003 1004 1005 1006 1007 1008 1009 1010 1011 BG: 2 BG: 3 Tract: 310.02 BG: 2 2009 2010 2011 2015 2016 2020 2021 2022 2023 2024 2025 2026 2027 Tract: 310.04 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2020 2021 2022 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3014 Tract: 310.05 Tract: 311.05 BG: 1 1003 1012 1013 1014 1015 1020 1021 1022 1027 1028 1031 1032 1033 1034 1041 1042 1046 1056 1057 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2037 2038 2039 2044 2045 2046 Tract: 311.06 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4999 BG: 5 Tract: 312.02 BG: 3 3023 3024 3025 3026 3027 3028 3996 BG: 6 6046 6047 Tract: 313.02 BG: 1 BG: 2 BG: 3 BG: 4 4000 4012 4014 4015 4017 4018 4019 4020 4021 4022 4023 4024 703 698 JOURNAL OF THE SENATE 4025 4026 4027 4029 4030 4031 4033 BG: 5 BG: 9 Tract: 313.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1020 1021 1022 1023 1024 1025 1026 BG: 2 Tract: 313.07 BG: 1 1005 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 Tract: 313.08 Tract: 313.09 Tract: 313.10 Tract: 313.11 Tract: 314.04 Tract: 314.05 Tract: 314.06 Tract: 314.07 Tract: 315.01 Tract: 315.03 Tract: 315.04 Tract: 315.05 Douglas County Tract: 801.01 BG: 1 BG: 2 BG: 3 District 034 Clayton County Tract: 401 Tract: 402.01 Tract: 402.02 Tract: 403.01 Tract: 403.02 Tract: 403.03 BG: 3 3010 3011 3016 3017 3018 704 FRIDAY, FEBRUARY 20, 2004 699 BG: 4 4001 4002 4003 4004 4005 4006 4007 4010 4011 4012 4013 Tract: 403.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1015 BG: 2 BG: 3 Tract: 403.05 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2021 2022 2999 BG: 3 Tract: 404.05 Tract: 404.06 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 BG: 2 BG: 9 Tract: 404.07 BG: 2 2008 2009 2010 2011 2015 2016 2017 2018 2019 2064 2065 Tract: 405.03 Tract: 405.06 Tract: 405.09 Tract: 405.10 Tract: 405.11 Tract: 405.12 Tract: 405.13 Tract: 405.14 Tract: 405.15 Tract: 405.16 Tract: 405.17 Tract: 405.18 Tract: 406.06 BG: 1 1000 1001 1002 1003 1004 1005 1009 1010 1011 1995 1996 1997 1998 1999 Tract: 406.07 BG: 1 BG: 2 BG: 3 705 700 JOURNAL OF THE SENATE 3010 3011 3012 3013 3022 3023 3024 3025 3026 3027 3028 Tract: 406.09 BG: 1 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1996 1998 Tract: 406.11 BG: 5 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5040 5041 BG: 6 Tract: 406.12 BG: 2 BG: 3 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 Tract: 406.13 BG: 2 2017 2018 2019 2020 2999 BG: 3 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3999 District 035 Douglas County Tract: 801.01 BG: 4 Tract: 802.01 Tract: 802.02 BG: 3 BG: 5 5000 5001 5011 5012 BG: 6 Tract: 803.01 BG: 1 1000 1001 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 Tract: 803.02 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 706 FRIDAY, FEBRUARY 20, 2004 701 5012 5013 Tract: 805.04 BG: 3 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3999 BG: 4 4000 4003 4004 4006 4007 4008 Tract: 806.01 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2020 2021 2022 2023 2024 2999 BG: 4 BG: 6 Tract: 806.02 Fayette County Tract: 1401.01 Tract: 1401.02 BG: 2 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2024 2025 2026 2027 2028 2029 2030 2031 2057 2062 2063 2064 2065 2066 BG: 3 Tract: 1402.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1029 1030 1031 1032 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2021 2022 2024 2025 Tract: 1402.04 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2999 BG: 3 3000 3001 3002 3003 Fulton County Tract: 103.01 Tract: 103.03 707 702 JOURNAL OF THE SENATE Tract: 103.04 Tract: 104 Tract: 105.07 Tract: 105.08 Tract: 105.09 Tract: 105.10 Tract: 105.11 Tract: 105.12 Tract: 105.13 Tract: 105.14 Tract: 106.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1019 1020 BG: 2 BG: 3 BG: 4 Tract: 106.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1048 1049 1050 1051 1054 1055 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2014 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2999 Tract: 106.04 Tract: 107 BG: 1 1001 1002 1003 1004 1005 1006 1007 1012 1013 BG: 2 2008 Tract: 112.02 BG: 4 4008 4009 Tract: 113.03 BG: 3 3011 3012 Tract: 113.04 BG: 1 1005 1006 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 708 FRIDAY, FEBRUARY 20, 2004 703 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1999 Tract: 77.01 BG: 5 5001 5002 5003 5004 5005 5006 Tract: 77.02 BG: 2 2020 BG: 3 3003 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3026 3027 3028 3029 3030 BG: 4 Tract: 78.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 BG: 2 BG: 3 Tract: 78.05 BG: 1 1001 1002 1003 1004 1005 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1999 BG: 2 Tract: 78.06 BG: 1 BG: 2 2013 2014 2016 2017 2018 2020 2021 2022 2023 2024 2025 2028 2029 2030 2031 2999 Tract: 79 BG: 3 3021 3022 3026 3027 3028 3029 Tract: 82.02 BG: 4 4001 4002 4004 4007 4008 4998 District 036 DeKalb County 709 704 JOURNAL OF THE SENATE Tract: 202 Tract: 203 Tract: 204 Tract: 205 Tract: 206 Tract: 207 Tract: 208.01 Tract: 209 Tract: 223.01 BG: 1 1025 BG: 4 4011 4012 Tract: 224.01 BG: 2 2006 2007 2008 Tract: 224.03 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 BG: 2 BG: 3 3011 3013 3014 3015 3016 3017 3018 3019 Tract: 225 BG: 1 1000 1001 1002 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3009 3013 3014 3015 3018 BG: 4 Tract: 226 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Tract: 238.01 Tract: 238.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 Fulton County 710 FRIDAY, FEBRUARY 20, 2004 705 Tract: 1 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 BG: 5 Tract: 106.01 BG: 1 1017 1021 Tract: 106.03 BG: 1 1047 1052 1053 Tract: 107 BG: 1 1000 1008 1009 1010 1011 1014 1015 1016 1017 1019 1020 1021 1022 1023 1024 1026 1027 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 BG: 3 Tract: 108 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 BG: 8 Tract: 109 BG: 1 1051 Tract: 110 BG: 1 1010 BG: 2 2016 2017 2018 2019 Tract: 14 BG: 1 711 706 JOURNAL OF THE SENATE 1014 1015 1016 1017 Tract: 15 Tract: 16 Tract: 17 Tract: 18 Tract: 19 Tract: 2 BG: 4 4009 BG: 5 5000 5001 Tract: 21 Tract: 26 BG: 1 1000 Tract: 27 Tract: 28 Tract: 29 Tract: 30 Tract: 31 Tract: 32 Tract: 33 Tract: 35 Tract: 44 Tract: 46 Tract: 48 Tract: 49 Tract: 50 Tract: 52 Tract: 53 Tract: 55.01 Tract: 55.02 Tract: 56 Tract: 57 BG: 1 1001 BG: 2 2000 Tract: 64 Tract: 67 Tract: 68.01 Tract: 68.02 Tract: 69 712 FRIDAY, FEBRUARY 20, 2004 707 Tract: 70.01 Tract: 70.02 Tract: 71 Tract: 72 Tract: 73 Tract: 74 BG: 1 BG: 2 2000 2001 2002 2004 2005 2006 2007 2008 2009 2010 Tract: 75 BG: 1 1017 1018 1019 1020 BG: 2 2000 2001 2002 2003 2006 2007 2008 2009 2010 2013 BG: 3 3007 District 037 Bartow County Tract: 9601 BG: 3 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3079 3080 3081 3082 3083 3084 3085 3087 3089 3093 3094 3998 3999 Tract: 9604 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 BG: 2 2006 2009 2010 2011 2012 2013 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 713 708 JOURNAL OF THE SENATE 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2999 BG: 3 3000 3001 3002 3018 3019 BG: 5 5010 5012 5013 5014 5015 5019 5022 5023 5027 5028 5029 5030 5031 5032 5033 Tract: 9605 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1027 1028 1029 1030 1031 1032 1033 1034 1038 1039 1040 BG: 2 BG: 3 3000 3030 BG: 4 4014 4015 4018 4019 4020 4023 Tract: 9606 BG: 2 2016 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 BG: 4 4017 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5014 5015 5016 5017 5018 5019 5020 5022 5023 5024 5025 BG: 6 6000 6001 6002 6996 6999 Tract: 9607 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2021 2022 2023 2024 2029 2030 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4018 BG: 5 5000 5001 5002 5003 5004 5005 5007 5008 5009 5010 5011 5012 714 FRIDAY, FEBRUARY 20, 2004 709 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 Tract: 9608.01 Tract: 9608.02 Tract: 9608.03 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3072 3997 3999 Cobb County Tract: 301.01 Tract: 301.02 BG: 1 1008 1009 1010 1011 1013 1015 1016 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1044 1045 1046 1048 1059 1060 1061 1062 1063 1064 1066 1067 1068 1069 1070 1071 1072 1073 1074 1999 BG: 2 2000 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 Tract: 301.03 Tract: 302.08 Tract: 302.09 Tract: 302.10 BG: 1 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 Tract: 302.11 BG: 1 1016 1017 1018 1023 1024 1025 1026 1027 1028 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1070 1071 1072 1073 1074 1075 1076 1077 715 710 JOURNAL OF THE SENATE 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 Tract: 302.13 Tract: 302.14 Tract: 302.15 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 BG: 2 2023 2024 2026 2027 2031 2032 2033 2034 2044 2045 2049 Tract: 302.16 Tract: 302.17 BG: 1 1011 1013 1014 1015 1016 1017 1019 1056 1058 1061 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1995 1996 1997 BG: 2 BG: 3 Tract: 305.01 BG: 4 4013 4014 4015 4016 4046 4047 4048 4049 4050 4051 4052 4057 4058 4059 4062 4064 4066 4067 4071 4072 4076 4077 4078 Tract: 305.02 BG: 2 2042 2043 2044 2045 2046 2047 2048 2049 2999 Tract: 305.04 BG: 1 Tract: 305.05 BG: 2 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 Tract: 306 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1011 1012 1016 1018 1020 1022 1023 1026 1027 1037 1041 1042 1044 1045 1046 1047 1048 1049 1050 1051 1052 1054 1055 1056 1057 1058 1059 1062 BG: 2 2000 2001 2002 2003 2004 2014 2015 2016 2018 2020 2021 2022 2024 2025 2026 2027 2029 2030 2031 2032 2033 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 716 FRIDAY, FEBRUARY 20, 2004 711 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 BG: 3 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 BG: 5 5012 5013 5017 5018 5019 5020 5021 5022 5023 5024 5026 5028 5034 5035 5036 5037 5038 5041 5051 5052 Tract: 307 Tract: 308 BG: 3 3005 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3032 3033 3034 3035 3036 Tract: 309.01 BG: 1 1000 1001 1002 1003 1004 BG: 2 2000 2001 2002 2003 2004 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2026 2029 2998 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4012 4013 4015 Tract: 309.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 BG: 2 2001 2002 2003 2007 2008 2009 2013 2014 BG: 3 BG: 4 Tract: 309.04 BG: 1 1000 1001 1002 1003 1004 1005 1008 BG: 2 2001 2002 2003 2004 2005 2007 2008 2009 2011 2013 2014 2015 BG: 3 BG: 4 4000 4001 4010 4011 Tract: 309.05 BG: 1 717 712 JOURNAL OF THE SENATE 1001 1002 Tract: 310.02 BG: 2 2001 2002 2003 2006 District 038 Fulton County Tract: 100 BG: 2 BG: 3 3022 3025 BG: 4 4023 4028 4032 4033 Tract: 102.06 BG: 4 4023 Tract: 102.07 BG: 3 3002 3003 3004 3006 3007 3008 3009 3011 3012 3013 3014 BG: 4 4010 4012 4013 4021 4022 4023 4025 4026 4997 4998 Tract: 23 BG: 4 4017 4018 4019 4020 4022 4023 BG: 6 Tract: 24 Tract: 40 BG: 1 BG: 2 2001 2002 2003 2004 2005 2006 2007 BG: 3 Tract: 60 BG: 1 BG: 2 BG: 3 Tract: 7 Tract: 76.02 BG: 2 2001 2002 2003 2004 2005 BG: 3 3000 3001 3002 3003 3004 3005 3007 Tract: 77.01 718 FRIDAY, FEBRUARY 20, 2004 713 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5007 5008 5009 5010 5011 5012 Tract: 78.02 BG: 1 1019 1020 1021 Tract: 78.05 BG: 1 1000 1006 1007 Tract: 78.06 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2015 2019 2026 2027 Tract: 78.07 Tract: 78.08 Tract: 79 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3023 3024 3025 3030 3031 3032 3033 3034 3035 3036 Tract: 80 BG: 4 BG: 6 Tract: 81.01 Tract: 81.02 Tract: 82.01 Tract: 82.02 BG: 1 BG: 2 BG: 3 BG: 4 4000 4003 4005 4006 4999 Tract: 83.01 Tract: 83.02 Tract: 84 Tract: 85 Tract: 86.01 Tract: 86.02 719 714 JOURNAL OF THE SENATE Tract: 87.01 Tract: 87.02 Tract: 88 Tract: 89.01 Tract: 89.02 Tract: 90 Tract: 91 Tract: 93 Tract: 95 Tract: 96 BG: 1 BG: 2 2000 2001 2002 2003 2005 2006 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 BG: 4 BG: 5 BG: 8 Tract: 97 BG: 3 3009 Tract: 98 BG: 2 2000 2001 2002 2003 2004 Tract: 99 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 District 039 Fulton County Tract: 1 BG: 1 BG: 3 BG: 4 4000 Tract: 10 Tract: 106.03 BG: 1 1016 1017 1018 1997 BG: 2 2012 2013 2015 2016 720 FRIDAY, FEBRUARY 20, 2004 715 Tract: 107 BG: 1 1018 1025 Tract: 108 BG: 5 5013 5014 5015 Tract: 109 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1052 1053 1054 1055 1056 1057 Tract: 11 Tract: 110 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 BG: 3 BG: 5 Tract: 111 Tract: 112.01 Tract: 112.02 BG: 1 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4010 4011 4012 4013 4014 4015 BG: 5 BG: 6 BG: 7 BG: 8 Tract: 113.01 Tract: 113.03 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3013 3014 3015 3016 3017 3018 3019 BG: 4 Tract: 113.04 721 716 JOURNAL OF THE SENATE BG: 1 1000 1001 1002 1003 1004 1007 1008 1009 1010 Tract: 12 Tract: 13 Tract: 14 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 Tract: 2 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 BG: 5 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 Tract: 22 Tract: 23 BG: 1 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4021 Tract: 25 Tract: 26 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 Tract: 36 Tract: 37 Tract: 38 Tract: 39 Tract: 4 Tract: 40 BG: 2 2000 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Tract: 41 Tract: 42 Tract: 43 Tract: 5 722 FRIDAY, FEBRUARY 20, 2004 717 Tract: 57 BG: 1 1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Tract: 58 Tract: 6 Tract: 60 BG: 4 Tract: 61 Tract: 62 Tract: 63 Tract: 65 Tract: 66.01 Tract: 66.02 Tract: 74 BG: 2 2003 Tract: 75 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 BG: 2 2004 2005 2011 2012 BG: 3 3000 3001 3002 3003 3004 3005 3006 3008 3009 3010 3011 3012 BG: 5 Tract: 76.01 Tract: 76.02 BG: 1 BG: 2 2000 2006 2007 BG: 3 3006 3008 Tract: 77.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2021 2999 BG: 3 3000 3001 3002 3004 3005 3006 3007 3008 3009 3024 3025 723 718 JOURNAL OF THE SENATE Tract: 8 Tract: 80 BG: 1 BG: 2 BG: 3 Tract: 92 Tract: 94.01 Tract: 94.02 Tract: 96 BG: 2 2004 2007 District 040 DeKalb County Tract: 211 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1010 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3022 3023 3024 3999 BG: 4 Tract: 212.02 BG: 1 1000 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 BG: 2 BG: 3 Tract: 212.07 Tract: 212.09 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 BG: 2 2016 2017 2018 2019 2020 2021 2022 Tract: 212.10 Tract: 212.11 Tract: 212.12 Tract: 212.13 Tract: 212.14 Tract: 213.01 BG: 1 1004 1005 1006 1008 1009 1027 Tract: 213.04 BG: 1 724 FRIDAY, FEBRUARY 20, 2004 719 1013 1015 BG: 2 2017 2018 2019 2020 2021 BG: 3 3013 Fulton County Tract: 100 BG: 1 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3023 3024 3998 3999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4024 4025 4026 4027 4029 4030 4031 Tract: 101.01 Tract: 101.06 Tract: 101.07 Tract: 101.08 BG: 1 BG: 2 2010 2011 2012 2013 2016 2017 2018 2019 2020 2998 Tract: 101.09 Tract: 101.10 Tract: 101.11 Tract: 101.12 Tract: 102.04 BG: 1 Tract: 102.05 BG: 2 BG: 3 BG: 5 5007 Tract: 102.07 BG: 2 2013 2014 BG: 4 4000 4001 4018 4019 4020 Tract: 102.08 Tract: 102.09 Tract: 102.10 725 720 JOURNAL OF THE SENATE Tract: 114.04 BG: 2 2018 2019 BG: 6 6020 Tract: 114.05 Tract: 114.06 BG: 1 1003 1004 1005 1006 1007 1008 1009 1995 1996 1997 1998 1999 BG: 9 Tract: 114.10 BG: 2 BG: 5 5006 Tract: 114.11 Tract: 114.12 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3999 Tract: 114.14 BG: 3 3000 3001 3002 3003 3004 3005 District 041 DeKalb County Tract: 201 Tract: 211 BG: 1 1008 1009 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 BG: 2 BG: 3 3020 3021 Tract: 212.02 BG: 1 1001 1002 1003 1004 1005 1006 1007 1023 1024 Tract: 212.04 Tract: 212.08 Tract: 212.09 BG: 1 1000 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 726 FRIDAY, FEBRUARY 20, 2004 721 2012 2013 2014 2015 2023 Tract: 213.01 BG: 1 1000 1001 1002 1003 1007 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1028 Tract: 213.02 Tract: 213.03 BG: 1 1009 1010 1011 1012 BG: 2 2000 2001 2002 2003 2008 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2034 2035 2036 Tract: 214.01 Tract: 214.03 Tract: 214.04 Tract: 214.05 Tract: 214.06 Tract: 215.01 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4004 4005 Tract: 215.02 Tract: 216.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1999 Tract: 216.03 Tract: 217.05 Tract: 217.06 Tract: 218.05 BG: 2 2000 2001 2002 2010 2011 2012 2013 2014 Tract: 218.06 BG: 1 1004 1005 1023 1024 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 BG: 3 Tract: 218.08 Tract: 218.09 Tract: 218.10 727 722 JOURNAL OF THE SENATE BG: 1 BG: 2 BG: 4 Tract: 218.11 Tract: 218.12 Tract: 224.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 BG: 3 BG: 4 Tract: 224.02 Tract: 224.03 BG: 1 1000 1001 1002 1003 1004 1005 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3012 3020 District 042 DeKalb County Tract: 208.02 Tract: 215.01 BG: 4 4002 4003 Tract: 216.01 BG: 1 1015 1016 1018 1019 1020 1021 BG: 2 BG: 3 BG: 4 Tract: 216.02 Tract: 217.03 Tract: 217.04 BG: 2 BG: 3 BG: 9 9001 9002 9003 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 Tract: 220.01 BG: 1 1013 728 FRIDAY, FEBRUARY 20, 2004 723 BG: 4 4000 4001 4002 4003 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 Tract: 220.07 BG: 1 1006 1007 BG: 2 2016 2017 Tract: 220.08 BG: 1 1014 Tract: 221 Tract: 222 Tract: 223.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4013 Tract: 223.02 Tract: 225 BG: 1 1003 BG: 3 3006 3007 3008 3010 3011 3012 3016 3017 Tract: 226 BG: 2 2014 2015 BG: 3 BG: 4 Tract: 227 Tract: 228 Tract: 229 Tract: 230 Tract: 231.01 Tract: 231.02 Tract: 231.05 Tract: 231.06 BG: 1 729 724 JOURNAL OF THE SENATE 1000 1001 1002 1003 1004 1005 1007 1008 1009 1010 1011 1012 1013 BG: 2 BG: 3 BG: 4 Tract: 231.07 Tract: 231.08 Tract: 232.06 Tract: 232.11 BG: 1 1007 1008 1009 1010 1011 Tract: 234.10 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2015 BG: 9 9002 9003 Tract: 234.11 BG: 2 2000 2001 2002 2003 2004 2005 Tract: 235.01 Tract: 235.04 Tract: 235.05 Tract: 235.06 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 3 BG: 4 4003 4004 4005 4006 Tract: 236.01 Tract: 236.02 Tract: 236.03 Tract: 237 District 043 DeKalb County Tract: 232.03 Tract: 233.02 Tract: 233.03 Tract: 233.05 BG: 1 730 FRIDAY, FEBRUARY 20, 2004 725 BG: 2 2000 2001 2002 2003 2004 2005 BG: 3 3024 3999 BG: 4 Tract: 233.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1018 1019 1020 1021 1022 1999 BG: 2 Tract: 233.07 BG: 1 BG: 2 BG: 5 Tract: 233.09 Tract: 233.10 Tract: 234.05 BG: 4 4999 Tract: 234.14 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 BG: 2 2000 2001 2002 2999 Tract: 234.15 BG: 1 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Tract: 234.16 Tract: 234.17 Tract: 234.18 Tract: 235.06 BG: 2 2011 2012 2023 2024 2025 BG: 4 4000 4001 4002 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 Tract: 235.07 Gwinnett County Tract: 504.15 BG: 1 731 726 JOURNAL OF THE SENATE 1000 1001 1002 1004 1005 1006 1007 1008 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 BG: 3 BG: 6 Tract: 504.16 Tract: 507.04 BG: 2 2007 2008 2010 2011 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4013 4014 4015 Tract: 507.09 Tract: 507.16 BG: 3 3002 3003 3004 3005 3006 Tract: 507.17 BG: 1 BG: 2 Rockdale County Tract: 601.02 BG: 3 3028 3029 3031 3035 3036 3037 3038 3039 3040 3049 3050 3051 3052 3996 3997 Tract: 602.01 Tract: 602.02 Tract: 603.04 Tract: 603.05 BG: 1 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 BG: 3 Tract: 603.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1999 Tract: 603.07 BG: 1 1000 1001 1002 1003 1012 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 732 FRIDAY, FEBRUARY 20, 2004 727 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2030 2999 BG: 3 3036 3037 3038 3039 3040 Tract: 603.08 Tract: 603.09 Tract: 604.03 BG: 1 1000 1001 1004 1005 District 044 Clayton County Tract: 406.06 BG: 1 1006 1007 1008 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 Tract: 406.07 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3014 3015 3016 3017 3018 3019 3020 3021 Tract: 406.08 Tract: 406.13 BG: 2 2021 2022 2023 2024 2029 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 Tract: 406.14 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4038 4996 4997 4998 4999 BG: 5 Fayette County Tract: 1401.02 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2022 2023 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 733 728 JOURNAL OF THE SENATE 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2058 2059 2060 2061 2999 Tract: 1404.03 Tract: 1404.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2997 2998 2999 Tract: 1404.05 BG: 1 1003 1004 1005 1009 BG: 2 2000 2001 2002 2003 2004 2005 2006 2008 Tract: 1404.06 Tract: 1404.07 Tract: 1404.08 Tract: 1405.01 BG: 1 1000 1001 1002 1003 1004 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1048 1049 1050 1051 1052 1053 1997 1998 1999 Henry County Tract: 701.01 BG: 1 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1070 1071 Tract: 701.02 BG: 1 1000 1001 1002 1003 1004 1005 1008 1009 1010 1024 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1999 BG: 2 Tract: 701.04 734 FRIDAY, FEBRUARY 20, 2004 729 Tract: 701.05 Tract: 701.06 Tract: 702.01 Tract: 702.02 Tract: 702.03 BG: 1 1005 1006 1007 1008 1009 1018 1019 1020 1021 1022 1023 1024 1026 1027 1028 1029 Tract: 703.03 Tract: 703.04 Tract: 703.05 Tract: 703.06 Tract: 704.01 BG: 1 1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1999 BG: 2 2002 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2085 2086 2999 BG: 3 Tract: 705 Spalding County Tract: 1602 Tract: 1608 BG: 1 1000 1001 1002 1003 Tract: 1610 BG: 1 District 045 Gwinnett County Tract: 501.03 Tract: 501.04 BG: 6 6000 6001 6002 6003 6004 6005 6024 6025 6026 6027 6028 6029 735 730 JOURNAL OF THE SENATE 6030 6031 6032 6033 6034 6036 6100 6101 6102 6110 6111 6115 6116 BG: 7 Tract: 501.05 Tract: 501.06 Tract: 502.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1032 1033 1034 1035 1065 1066 1069 1070 1071 1072 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1999 Tract: 505.09 Tract: 505.10 BG: 1 1002 1003 1004 1005 1010 1011 Tract: 505.12 BG: 1 Tract: 505.13 Tract: 505.14 Tract: 505.20 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 Tract: 506.02 Tract: 506.03 Tract: 506.04 Tract: 507.04 BG: 1 1000 1001 Tract: 507.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1078 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1999 736 FRIDAY, FEBRUARY 20, 2004 731 BG: 2 Tract: 507.20 BG: 1 1999 Walton County Tract: 1105.01 BG: 1 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1069 1070 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1998 Tract: 1105.02 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2031 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3023 District 046 Barrow County Tract: 1801.01 BG: 1 1000 1001 1002 1003 1005 1006 1007 1008 1009 1010 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 737 732 JOURNAL OF THE SENATE 1148 1149 1150 1151 1152 BG: 2 2056 2058 2059 2061 Tract: 1801.02 Tract: 1802.01 BG: 4 4041 4042 4046 4048 4049 Tract: 1802.02 BG: 2 2058 2059 2060 Tract: 1804 BG: 2 2007 2022 2023 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2994 2996 2997 2998 Tract: 1805 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1027 1028 1029 1030 1031 1032 1033 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 BG: 3 3005 3019 3026 3027 3028 3029 3032 3033 3034 3035 3036 3037 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4017 4018 4019 4020 4021 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 Clarke County Oconee County District 047 Banks County Barrow County Tract: 1801.01 BG: 1 1004 1011 1012 1013 738 FRIDAY, FEBRUARY 20, 2004 733 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2057 2060 2062 2063 2064 2065 2066 2067 Tract: 1802.01 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4043 4044 4045 4047 4050 4999 BG: 5 Tract: 1802.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2061 2062 2997 2998 2999 Tract: 1803 Tract: 1804 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2024 2025 2026 2027 2028 2029 2044 2045 2046 2047 2995 2999 BG: 3 Tract: 1805 BG: 1 1000 1025 1026 BG: 2 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 BG: 3 3000 3001 3002 3003 3004 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3020 3021 3022 3023 3024 3025 3030 3031 3038 BG: 4 4008 4009 4010 4011 4012 4013 4014 4015 4016 4022 4038 4039 739 734 JOURNAL OF THE SENATE 4040 4041 4042 4043 Franklin County Tract: 9901 BG: 3 BG: 4 BG: 5 Tract: 9902 BG: 1 1025 1026 1027 1028 1030 1031 1032 1033 1034 1035 1036 1037 1038 1040 1041 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1999 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2050 2051 2052 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 BG: 3 BG: 4 Tract: 9903 Tract: 9904 Hart County Jackson County Madison County District 048 DeKalb County Tract: 213.04 BG: 1 1003 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3017 3018 3019 3999 Forsyth County Tract: 1304.01 BG: 2 2000 2001 2002 2003 2004 2026 2027 740 FRIDAY, FEBRUARY 20, 2004 735 Tract: 1304.02 BG: 3 3003 3027 3028 3030 Tract: 1305.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1994 1995 1996 1997 1999 Tract: 1306 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1013 1095 1096 1097 1098 1099 1100 1105 1106 1107 1108 1109 1110 1111 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2083 2084 2085 2086 2087 2091 2092 2093 2998 2999 Fulton County Tract: 116.08 BG: 3 3000 3001 3999 Gwinnett County Tract: 501.04 BG: 6 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6035 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 6050 6051 6052 6053 6054 6055 6056 6057 6058 6059 6060 6061 6062 6063 6064 6065 6066 6067 6068 6069 6070 6071 6072 6073 6074 6075 6076 6077 6078 6079 6080 6081 6082 6083 6084 6085 6086 6087 6088 6089 6090 6091 6092 6093 6094 6095 6096 6097 6098 6099 6103 6104 6105 6106 6107 6108 6109 6112 6113 6114 6117 6118 6997 6998 6999 Tract: 502.02 BG: 1 741 736 JOURNAL OF THE SENATE 1028 1029 1030 1031 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1067 1068 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1995 1996 1997 1998 BG: 2 Tract: 502.04 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2033 2034 2035 2036 2037 2042 2043 2044 2045 2046 2047 2048 BG: 3 BG: 4 Tract: 502.05 Tract: 502.06 Tract: 502.07 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1033 1058 1059 1060 1061 1062 1063 1999 BG: 2 Tract: 503.04 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 BG: 8 Tract: 503.06 BG: 1 1001 1008 1009 1018 Tract: 503.07 Tract: 503.08 Tract: 503.09 Tract: 503.10 Tract: 503.11 Tract: 503.13 BG: 1 1009 1010 BG: 2 Tract: 503.14 BG: 1 742 FRIDAY, FEBRUARY 20, 2004 737 BG: 2 BG: 3 3000 3001 3002 3003 3004 Tract: 503.15 Tract: 505.10 BG: 1 1000 1001 1006 1007 1008 1009 1012 1013 1014 1015 BG: 2 BG: 3 Tract: 505.11 Tract: 505.12 BG: 2 BG: 3 District 049 Forsyth County Tract: 1301 BG: 1 1015 1042 1043 1044 1045 1046 1049 1050 1051 1053 1054 1055 1056 1057 1058 1059 1060 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1099 1109 1110 1111 1112 1998 BG: 2 BG: 3 Tract: 1305.01 BG: 1 Hall County District 050 Dawson County Franklin County Tract: 9901 BG: 1 BG: 2 Tract: 9902 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 743 738 JOURNAL OF THE SENATE 1024 1029 1039 1042 BG: 2 2000 2001 2002 2003 2004 2044 2045 2046 2047 2048 2049 2053 2054 Habersham County Lumpkin County Rabun County Stephens County Towns County White County District 051 Cherokee County Tract: 901 Tract: 902 Tract: 903 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2024 2025 2026 2027 2028 2997 2998 2999 Tract: 904 Tract: 906.01 BG: 3 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3034 3035 3036 3037 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 BG: 4 BG: 6 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 Tract: 906.02 BG: 5 744 FRIDAY, FEBRUARY 20, 2004 739 5028 Tract: 907.01 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4039 4997 BG: 6 Fannin County Forsyth County Tract: 1301 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1040 1041 1047 1048 1052 1061 1062 1063 1064 1065 1098 1100 1101 1102 1103 1104 1105 1106 1107 1108 1996 1997 1999 Tract: 1302 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2010 2011 2012 2013 2014 2015 2016 2017 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2048 2049 2055 2056 2057 2058 2070 2071 2077 2078 2995 2998 Tract: 1303 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1042 1043 1044 1045 1046 1999 Tract: 1304.01 BG: 1 745 740 JOURNAL OF THE SENATE 1006 1007 1008 Gilmer County Gordon County Tract: 9701 Tract: 9702 BG: 1 1000 1001 1002 1007 1008 1009 1010 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1034 1035 1036 1996 1997 1998 1999 Tract: 9703 BG: 1 1000 1001 1002 1003 1004 1005 1006 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1030 1031 1032 1997 1998 1999 Tract: 9704 BG: 1 Tract: 9708 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2040 2043 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3022 3025 3026 3029 3030 Tract: 9709 Pickens County Union County District 052 Bartow County Tract: 9601 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 746 FRIDAY, FEBRUARY 20, 2004 741 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3078 3086 3088 3090 3091 3092 Tract: 9602 Tract: 9603 Tract: 9604 BG: 1 1020 BG: 2 2000 2001 2002 2003 2004 2005 2007 2008 2014 2015 2016 2017 2060 2061 2062 BG: 3 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5011 5016 5017 5018 5020 5021 5024 5025 5026 5034 Tract: 9605 BG: 1 1008 1009 1010 1024 1025 1026 1035 1036 1037 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4016 4017 4021 4022 4024 4025 4026 4027 Tract: 9606 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 BG: 3 3000 3001 3002 3003 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 BG: 5 5013 5021 BG: 6 747 742 JOURNAL OF THE SENATE 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6992 6993 6994 6995 6997 6998 Tract: 9607 BG: 2 2019 2020 2025 2026 2027 2028 2031 2032 2033 BG: 4 4015 4016 4017 BG: 5 5006 Tract: 9608.03 BG: 3 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3069 3070 3071 3998 Tract: 9609 Tract: 9610 Chattooga County Tract: 9801 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2042 2043 2044 2046 2048 Tract: 9802 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5016 5017 5018 5019 5020 5021 5022 5023 5025 5027 5028 5029 5030 5999 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 Floyd County 748 FRIDAY, FEBRUARY 20, 2004 743 District 053 Catoosa County Chattooga County Tract: 9801 BG: 2 2041 2045 2047 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 Tract: 9802 BG: 2 2011 BG: 5 5014 5015 5024 5026 BG: 6 6008 6009 6020 6021 6022 Tract: 9803 Tract: 9804 Tract: 9805 Tract: 9806 Dade County Walker County District 054 Gordon County Tract: 9702 BG: 1 1003 1004 1005 1006 1011 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1993 1994 1995 BG: 2 BG: 3 BG: 4 Tract: 9703 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1027 1028 1029 1995 1996 BG: 2 BG: 3 BG: 4 749 744 JOURNAL OF THE SENATE Tract: 9704 BG: 2 BG: 3 Tract: 9705 Tract: 9706 Tract: 9707 Tract: 9708 BG: 2 2037 2038 2039 2041 2042 2044 2045 2046 2047 2048 2049 BG: 3 3014 3015 3016 3017 3018 3019 3020 3021 3023 3024 3027 3028 3031 3032 3033 3034 Murray County Whitfield County District 055 DeKalb County Tract: 217.04 BG: 9 9000 9004 9005 9006 9007 9008 9009 9010 9011 9022 9023 Tract: 218.05 BG: 2 2003 2004 2005 2006 2007 2008 2009 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 BG: 4 Tract: 218.06 BG: 1 1000 1001 1002 1003 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1025 1046 1047 1048 1049 Tract: 218.10 BG: 3 Tract: 219.02 Tract: 219.04 Tract: 219.06 Tract: 219.07 Tract: 219.08 Tract: 219.09 Tract: 220.01 750 FRIDAY, FEBRUARY 20, 2004 745 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1014 1015 1016 1017 1018 1999 BG: 4 4004 Tract: 220.04 Tract: 220.05 Tract: 220.06 Tract: 220.07 BG: 1 1000 1001 1002 1003 1004 1005 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2019 2020 2021 Tract: 220.08 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 BG: 2 Tract: 231.06 BG: 1 1006 Tract: 232.04 Tract: 232.08 Tract: 232.09 Tract: 232.10 Tract: 232.11 BG: 1 1000 1001 1002 1003 1004 1005 1006 BG: 2 Tract: 232.12 Tract: 233.05 BG: 2 2006 2007 2008 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3998 Tract: 233.06 BG: 1 1012 1013 1014 1015 1016 1017 Tract: 233.07 BG: 3 751 746 JOURNAL OF THE SENATE BG: 4 Gwinnett County Tract: 504.03 BG: 1 BG: 2 2000 BG: 3 BG: 4 BG: 9 Tract: 504.10 BG: 1 BG: 4 4000 4004 4005 4006 4007 4008 4009 BG: 5 Tract: 504.25 BG: 1 BG: 2 Tract: 504.26 BG: 4 BG: 5 BG: 8 8003 8004 District 056 Cherokee County Tract: 905.01 Tract: 905.02 Tract: 906.01 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3030 3031 3032 3033 3038 3039 3089 3090 3091 3092 3093 BG: 6 6000 6001 6002 6003 Tract: 906.02 BG: 1 BG: 2 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 752 FRIDAY, FEBRUARY 20, 2004 747 Tract: 907.01 BG: 3 3049 3050 BG: 4 4038 4040 4041 4042 4043 4044 4045 4046 4047 4048 4050 4051 4053 Tract: 907.02 Tract: 908.01 BG: 4 BG: 5 BG: 6 BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 Tract: 908.02 Tract: 909.01 Tract: 909.02 Forsyth County Tract: 1306 BG: 1 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1119 1120 BG: 2 2069 2071 2072 2073 2074 2075 Fulton County Tract: 114.03 Tract: 114.04 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6021 6022 6023 6024 Tract: 114.06 BG: 1 1000 1001 1002 BG: 3 BG: 4 BG: 8 753 748 JOURNAL OF THE SENATE Tract: 114.07 Tract: 114.12 BG: 6 Tract: 114.13 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 5 5009 5010 5011 5012 Tract: 115.01 Tract: 115.02 Tract: 116.04 BG: 2 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 Tract: 116.05 Tract: 116.06 BG: 9 9011 Tract: 116.07 BG: 5 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 BG: 7 7015 7028 7030 7031 7032 7034 7035 7036 7037 7038 7039 7040 7041 7042 7043 7044 7045 7046 7047 7048 7049 7050 Senators Price of the 56th, Fort of the 39th and Tate of the 38th offered the following amendment # 1: Amend the Senate Reapportionment and Redistricting Committee substitute to SB 522 by inserting on line 6 of page 1 after "foregoing;" "to repeal a specific Act; to provide for submission for preclerance under Section 5 of the federal Voting Rights Act of 1965, as amended;" By redesignating Sections 3 and 4 as Sections 5 and 6, respectively, and inserting after line 4 on page 2 the following: SECTION 3. An Act to provide for the composition and number of state senatorial districts approved 754 FRIDAY, FEBRUARY 20, 2004 749 April 11, 2002 (Ga. L. 2002, p. 148), is specifically repealed. "SECTION 4. The Attorney General, under the direction of the Governor, shall cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, as soon as practicable but no later than three days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval." By striking from the description Senate District 38 on page 42 of the attachment to said committee substitute the following: "Tract: 40 BG: 1 BG: 2 2001 2002 2003 2004 2005 2006 2007 BG: 3 Tract: 60 BG: 1 BG: 2 BG: 3 Tract: 7 Tract: 76.02 BG: 2 2001 2002 2003 2004 2005 BG: 3 3000 3001 3002 3003 3004 3005 3007" and inserting in its place the following: "Tract: 40 Tract: 41 BG: 3 3008 Tract: 60 Tract: 61 BG: 1 BG: 3 BG: 4 Tract: 7". By inserting after "Tract: 80" on page 43 of said attachment the following: "BG: 2 2001". 755 750 JOURNAL OF THE SENATE By inserting after "Tract: 89.02" on page 43 of said attachment the following: "BG: 1 1033 1034 1035 1036 1037 1038 BG: 3 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017". By inserting after "Tract: 90" on page 43 of said attachment the following: "BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3017". By striking from the description of Senate District 39 on page 44 of the attachment to said committee substitute the following: "Tract: 40 BG: 2 2000 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Tract: 41" and inserting in its place the following: "Tract: 41 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019". By striking from page 44 of the attachment to said committee substitute the following: "Tract: 60 BG: 4 Tract: 61" and inserting in its place the following: "Tract: 61 BG: 2". By striking from page 45 of the attachment to said committee substitute the following: "Tract: 76.02 756 FRIDAY, FEBRUARY 20, 2004 751 BG: 1 BG: 2 2000 2006 2007 BG: 3 3006 3008" and inserting in its place the following: "Tract: 76.02". By striking from page 45 of the attachment to said committee substitute the following: "Tract: 80 BG: 1 BG: 2 BG: 3" and inserting in its place the following: "Tract: 80 BG: 1 BG: 2 2000 2002 2003 2004 2005 2006 2007 BG: 3 Tract: 89.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1039 BG: 4 4000 4018 4019 4020 4021 Tract: 90 BG: 3 3016". On the adoption of the amendment, the yeas were 46, nays 0, and the Price, Fort and Tate amendment # 1 was adopted. Senator Brown of the 26th offered the following amendment # 2: Amend the substitute to SB 522 by striking line 1 of page 1 through line 9 of page 2 and inserting in its place the following: "To provide for the composition and number of state senatorial districts; to provide for the contingent nature of this Act and the circumstances under which it shall or shall not apply, according to the enforceability of prior provisions under federal law; to provide 757 752 JOURNAL OF THE SENATE for related matters; to require submission of this Act to the United States Department of Justice for certain approval; to provide for automatic repeal under certain circumstances; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) As used in this Act, the term 'special session Senate redistricting plan' means the districts for the Georgia State Senate as described in an Act approved April 11, 2002 (Act No. 444 of the 2002 regular session of the General Assembly of Georgia; Georgia Laws 2002, p. 148); provided, however, that, if the Act approved August 24, 2001 (Act No. 1EX6 of the first 2001 special session of the General Assembly of Georgia; Georgia Laws 2001 Extraordinary Sessions, p. 2), may be lawfully implemented under the federal Voting Rights Act of 1965, as amended, the term 'special session Senate redistricting plan' means the districts for the Georgia State Senate as described in Code Section 28-2-2 of the Official Code of Georgia Annotated as amended by such Act. (b) If, as of the first day of qualifying for nomination or election to the entire Georgia State Senate in 2004 or any future year, the special session Senate redistricting plan may lawfully be implemented under the federal Voting Rights Act of 1965, as amended, pursuant to court order, or otherwise, then qualifying for the Georgia State Senate in 2004 or such future year and the ensuing elections shall be conducted according to the special session Senate redistricting plan; and this Act shall not apply to such qualifying or elections or otherwise be of any further force or effect. (c) If, as of the first day of qualifying for nomination or election to the entire Georgia State Senate in 2004 or any future year, the special session Senate redistricting plan may not lawfully be implemented under the federal Voting Rights Act of 1965, as amended, pursuant to court order, or otherwise, then qualifying for the Georgia State Senate in 2004 or such future year and the ensuing elections shall be conducted according to the Senate redistricting plan provided for in this Act. (d) This Act does not repeal or amend the provisions of Code Section 28-2-2 of the Official Code of Georgia Annotated as amended by an Act approved August 24, 2001 (Act No. 1EX6 of the first 2001 special session of the General Assembly of Georgia; Georgia Laws 2001 Extraordinary Sessions, p. 2), or the provisions of an Act approved April 11, 2002 (Act No. 444 of the 2002 regular session of the General Assembly of Georgia; Georgia Laws 2002, p. 148), and those provisions are merely suspended pending a final determination of their enforceability under the federal Voting Rights Act of 1965, as amended, or pursuant to court order. SECTION 2. (a) Subject to the provisions of Section 1 of this Act, the senatorial districts for election of members of the Georgia State Senate shall be according to the description of senatorial districts 1 through 56 attached to this Act and made a part hereof and further identified 758 FRIDAY, FEBRUARY 20, 2004 753 as: Plan Name: senrb1 Plan Type: Senate User: Joe Administrator: S026. Each Senate district shall be composed of a portion of a county, or a county, or counties, or a combination thereof, as provided in this section, and shall be represented by one Senator. (b) A member of the Senate must be a resident of the district which such member represents and at the time of such members election must have been a resident of the territory embraced within such district for at least one year preceding such time. Each Senator shall be elected only by the voters of such Senators senatorial district. (c) The first members of the Senate elected pursuant to this section shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 2005. Until that time the membership of the Senate elected under prior law shall continue to serve and shall represent the districts from which elected; and until that time the composition of the districts from which such members were elected shall remain the same. The provisions of this section shall be effective, however, for the primary and general elections of 2004 for the purpose of electing members of the Senate in 2004 who are to take office in 2005. Successors to those members shall likewise be elected under the provisions of this section. (d) For the purposes of said attachment and description: (1) 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. (2) Except as otherwise provided in the description of any senatorial district, whenever the description of any senatorial district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2000 for the State of Georgia. (e) Any part of the State of Georgia which is not included in any senatorial district described in said 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. (f) Any part of the State of Georgia which is described in said attachment as being included in a particular senatorial district shall nevertheless not be included within such senatorial district if such part is not contiguous to such senatorial district. Such noncontiguous part shall instead be included within that senatorial district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. SECTION 3. Subject to the provisions of Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall 759 754 JOURNAL OF THE SENATE apply to future elections for the Georgia State Senate to the extent provided for in Section 1 of this Act. SECTION 4. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the Attorney General of Georgia to submit this Act to the United States Department of Justice for approval. If, as of the time candidates begin qualifying for the general primary in 2004, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. SECTION 5. All laws and parts of laws in conflict with this Act are repealed." By striking the attachment thereto "Plan Name: SENFAIR8 Plan Type: Senate User: staff Administrator: S056" and attaching in lieu thereof "Plan Name senrb1 Plan Type: Senate User: Joe Administrator: S026." Plan Name: senrb1 Plan Type: Senate User: Joe Administrator: S026 Redistricting Plan Components Report District 001 Bryan County Tract: 9203 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1994 1995 1996 1997 1998 1999 BG: 2 Chatham County Tract: 102 760 FRIDAY, FEBRUARY 20, 2004 755 BG: 3 3000 3001 3004 3005 3006 3020 3021 Tract: 105.01 BG: 4 4010 4011 4012 4013 4015 4996 BG: 5 Tract: 105.02 BG: 1 1012 1013 1014 1015 1016 1017 1033 1034 1035 1999 BG: 2 2012 Tract: 107 BG: 1 1046 1047 1085 1086 1087 1147 1182 1183 1184 1185 1186 1187 1188 Tract: 108.01 BG: 1 1005 1021 1022 1025 1026 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1999 BG: 2 Tract: 108.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1036 1051 1055 1056 1058 1059 1061 1062 1064 1065 1066 1070 1071 1073 1074 1075 1076 1077 1078 1079 1997 1998 1999 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2040 2041 2042 2043 2044 2045 2046 2047 2048 2997 2998 2999 Tract: 108.03 BG: 1 1000 1001 1002 1003 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 BG: 2 2001 2003 2004 2005 2006 2007 2008 2009 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 761 756 JOURNAL OF THE SENATE BG: 3 BG: 4 Tract: 108.04 BG: 1 BG: 2 BG: 3 BG: 5 5000 5001 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 Tract: 108.05 Tract: 109.01 BG: 3 3011 3998 Tract: 109.02 Tract: 110.02 Tract: 110.03 Tract: 110.04 Tract: 111.01 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5996 5997 5998 5999 Tract: 111.03 Tract: 111.04 Tract: 111.05 Tract: 29 Tract: 30 Tract: 34 BG: 3 BG: 4 BG: 5 BG: 6 Tract: 35.01 BG: 1 1000 1001 1002 1003 1004 1020 1021 1022 1023 1024 1025 Tract: 39 BG: 1 BG: 4 4000 4001 4002 4003 Tract: 40.01 762 FRIDAY, FEBRUARY 20, 2004 757 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 40.02 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 BG: 2 Tract: 41 Tract: 42.02 BG: 5 5000 BG: 9 9000 9003 9004 9005 9006 9007 9009 9996 9997 9998 9999 Tract: 42.06 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1997 Effingham County Tract: 301 BG: 1 1073 1075 1076 BG: 2 2062 2063 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2090 2091 2092 2094 2994 2995 2996 Tract: 302.01 BG: 1 1083 1084 1085 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2021 2022 2023 2024 2025 2026 2027 2028 2029 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 BG: 3 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3050 3054 3055 3056 3057 3058 3059 3060 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3110 3113 3114 Tract: 303.01 763 758 JOURNAL OF THE SENATE BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 BG: 2 Tract: 303.02 BG: 1 1103 1105 1106 1107 1108 1109 1110 1111 1112 BG: 3 3058 3059 Tract: 304 Glynn County Tract: 1 Tract: 10 Tract: 2 Tract: 3 Tract: 4.01 BG: 1 1007 1017 1018 1030 1031 1032 1033 1047 1048 1049 BG: 2 2034 2035 2038 2039 2040 2042 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2998 2999 Tract: 4.02 BG: 1 1028 1029 1030 1995 1997 1998 BG: 5 5000 5001 5002 5003 5025 5026 5027 5028 5029 5991 5992 5993 5998 5999 Tract: 5.01 BG: 6 6000 6001 6002 6003 6004 6005 6996 6998 Tract: 6 BG: 4 4996 BG: 5 5010 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5036 Tract: 8 BG: 2 2026 2046 Tract: 9 BG: 1 764 FRIDAY, FEBRUARY 20, 2004 759 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 BG: 2 2019 2020 2022 2025 2030 2031 2033 2034 2035 2036 2037 2038 2039 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3017 3018 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5999 BG: 6 6000 6001 6002 6003 6030 6031 6032 6033 Liberty County Tract: 101 BG: 9 9000 9001 Tract: 104 BG: 3 3000 3001 3061 3062 Tract: 105 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3078 3079 3080 3081 3090 3091 765 760 JOURNAL OF THE SENATE 3092 3093 3094 3095 3996 3997 3998 3999 BG: 4 4000 4001 4002 4003 4004 4026 4031 4046 4999 McIntosh County Tract: 9902 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1995 1996 1997 1999 Tract: 9903 BG: 3 3082 3999 District 002 Chatham County Tract: 1 Tract: 101.01 Tract: 101.02 Tract: 102 BG: 1 BG: 2 BG: 3 3002 3003 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 Tract: 105.01 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4014 4997 4998 4999 Tract: 105.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 766 FRIDAY, FEBRUARY 20, 2004 761 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 Tract: 106.01 Tract: 106.03 Tract: 106.04 Tract: 106.05 Tract: 107 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 BG: 3 BG: 4 BG: 5 Tract: 108.01 BG: 1 1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1023 1024 1027 1042 1043 1044 1045 Tract: 108.02 BG: 1 1019 1020 1021 1034 1035 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1052 1053 1054 1057 1060 1063 1067 1068 1069 1072 1995 1996 BG: 2 2000 2039 767 762 JOURNAL OF THE SENATE Tract: 108.03 BG: 1 1004 BG: 2 2000 2002 2010 Tract: 108.04 BG: 4 BG: 5 5002 5003 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 Tract: 109.01 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3999 Tract: 11 Tract: 111.01 BG: 5 5015 5016 5017 5018 5019 5020 5021 5022 5023 5993 5994 5995 Tract: 12 Tract: 13 Tract: 15 Tract: 18 Tract: 19 Tract: 20 Tract: 21 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28 Tract: 3 Tract: 32 Tract: 33.01 Tract: 33.02 Tract: 34 BG: 1 BG: 2 Tract: 35.01 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 768 FRIDAY, FEBRUARY 20, 2004 763 1017 1018 1019 BG: 2 BG: 3 BG: 4 Tract: 35.02 Tract: 36.01 Tract: 36.02 Tract: 37 Tract: 38 Tract: 39 BG: 2 BG: 3 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 Tract: 40.01 BG: 1 Tract: 40.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1023 1024 1025 1026 1027 1028 BG: 3 BG: 4 BG: 5 Tract: 42.02 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5001 5002 BG: 6 BG: 7 BG: 8 BG: 9 9001 9002 9008 Tract: 42.05 Tract: 42.06 BG: 1 1000 1001 1002 1003 1998 1999 Tract: 42.07 Tract: 42.08 Tract: 43 769 764 Tract: 44 Tract: 45 Tract: 6.01 Tract: 8 Tract: 9 JOURNAL OF THE SENATE District 003 Bryan County Tract: 9202 Tract: 9203 BG: 1 1993 Glynn County Tract: 4.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1050 1051 1052 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2036 2037 2041 2043 2044 2045 2046 2047 2048 2087 2088 2089 2090 2091 2092 Tract: 4.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1031 1032 1033 1994 1996 1999 BG: 2 BG: 3 BG: 4 BG: 5 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5030 5990 5994 5995 5996 5997 Tract: 5.01 BG: 1 BG: 2 BG: 3 770 FRIDAY, FEBRUARY 20, 2004 765 BG: 4 BG: 5 BG: 6 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6997 6999 Tract: 5.02 Tract: 6 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4995 4997 4998 4999 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5011 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5998 5999 Tract: 7 Tract: 8 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2047 BG: 3 BG: 4 Tract: 9 BG: 1 1018 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2021 2023 2024 2026 2027 2028 2029 2032 2040 2041 2999 BG: 3 3009 3010 3011 3012 3013 3014 3015 3016 3019 3020 3021 3038 BG: 5 5020 5021 5022 BG: 6 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 771 766 JOURNAL OF THE SENATE 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 6050 6051 6052 6053 6054 6055 6056 6057 6058 6059 6060 6061 6062 6063 6064 6065 6999 Liberty County Tract: 101 BG: 9 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9032 9033 9034 9035 9036 9037 Tract: 102.01 Tract: 102.02 Tract: 102.03 Tract: 102.04 Tract: 103 Tract: 104 BG: 1 BG: 2 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3998 3999 Tract: 105 BG: 1 1015 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 BG: 2 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2990 2991 2992 2993 2994 2995 2996 2997 2998 2999 BG: 3 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3082 3083 3084 3085 3086 3087 3088 3089 3992 3993 3994 3995 772 FRIDAY, FEBRUARY 20, 2004 767 BG: 4 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4027 4028 4029 4030 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 Tract: 106 Long County McIntosh County Tract: 9901 Tract: 9902 BG: 1 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1998 BG: 2 BG: 3 Tract: 9903 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3998 Wayne County District 004 Bryan County Tract: 9201 Bulloch County Effingham County Tract: 301 BG: 1 773 768 JOURNAL OF THE SENATE 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1074 1077 1996 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2064 2088 2089 2093 2095 2096 2097 2098 2099 2100 2997 2998 2999 BG: 3 Tract: 302.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 BG: 2 2020 2030 2048 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3051 3052 3053 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3086 3087 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3111 3112 Tract: 302.02 Tract: 303.01 BG: 1 1000 1001 1002 Tract: 303.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 774 FRIDAY, FEBRUARY 20, 2004 769 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1104 1113 1114 1115 1116 1117 1997 1998 1999 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3060 3061 3062 3063 3064 3993 3994 3995 3996 3997 3998 3999 Evans County Jenkins County Screven County Tattnall County Toombs County Tract: 9701 BG: 1 1000 1001 1002 1003 1004 1005 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1058 1059 1060 1061 1062 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4036 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 Tract: 9705 BG: 2 2057 2058 2059 2060 2061 2998 Tract: 9706 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 775 770 JOURNAL OF THE SENATE 3012 3013 3014 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3998 3999 District 005 DeKalb County Tract: 218.11 BG: 1 BG: 2 2000 2013 Gwinnett County Tract: 502.04 BG: 2 2031 2032 2038 2039 2040 2041 2049 Tract: 502.07 BG: 1 1000 1001 1002 1003 1004 1005 1006 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 BG: 2 2008 2009 BG: 3 Tract: 503.04 Tract: 503.06 Tract: 503.11 Tract: 503.12 Tract: 503.13 Tract: 503.14 BG: 3 3005 3006 3007 BG: 4 Tract: 503.15 BG: 2 Tract: 503.16 Tract: 504.03 BG: 1 BG: 2 2000 Tract: 504.10 BG: 1 776 FRIDAY, FEBRUARY 20, 2004 771 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 BG: 4 4001 4002 4003 Tract: 504.11 BG: 4 4010 4011 Tract: 504.17 Tract: 504.18 Tract: 504.19 Tract: 504.20 Tract: 504.21 Tract: 504.22 BG: 5 5001 BG: 6 Tract: 504.23 BG: 3 BG: 4 Tract: 504.24 Tract: 505.07 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3013 3014 3015 3016 3017 3018 3019 3020 BG: 7 Tract: 505.17 Tract: 505.18 Tract: 505.19 BG: 5 BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7012 District 006 Cobb County Tract: 303.38 Tract: 303.39 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2999 Tract: 304.01 BG: 1 1012 BG: 2 777 772 JOURNAL OF THE SENATE 2009 2010 2011 2012 2013 2014 BG: 3 Tract: 304.02 BG: 1 1004 BG: 3 3012 3013 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 Tract: 304.04 Tract: 304.05 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2026 2027 2028 2030 2031 2044 2047 Tract: 304.06 Tract: 305.01 BG: 2 2022 2023 2026 2027 2028 2029 2032 2033 2034 BG: 4 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4052 4057 4058 4062 4064 4066 4067 4076 4077 4078 4081 4083 4084 4085 4086 Tract: 305.02 BG: 1 1016 1017 1018 1019 1020 1021 1022 1024 1025 1026 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2999 Tract: 305.04 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 Tract: 305.05 Tract: 306 778 FRIDAY, FEBRUARY 20, 2004 773 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 BG: 2 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 Tract: 307 BG: 1 1000 1001 1002 1003 1004 1005 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4021 4022 Tract: 308 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3023 3024 3025 3026 3027 3028 3029 3030 3031 3037 3038 3039 3040 3041 3042 3043 Tract: 309.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1013 1014 1015 1016 1017 1018 BG: 2 2020 2021 2022 BG: 4 4000 Tract: 310.01 Tract: 311.01 Tract: 311.05 BG: 1 1000 1001 1002 1004 1005 1006 1007 1008 1009 1010 1011 1016 1017 1018 1019 1023 1024 1025 1026 1029 1030 1035 1036 1037 1038 1039 1040 1043 1044 1045 1047 1048 1049 1050 1051 1052 1053 1054 1055 1058 1059 1060 1061 BG: 2 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2040 2041 2042 2043 Tract: 311.06 BG: 4 779 774 JOURNAL OF THE SENATE 4018 4019 4020 Tract: 311.07 Tract: 311.08 Tract: 311.09 Tract: 311.10 Tract: 311.11 Tract: 311.12 Tract: 312.02 BG: 3 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3038 3996 3997 3998 BG: 4 BG: 5 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 BG: 6 Tract: 312.03 BG: 1 1003 1004 1005 1006 1007 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1038 BG: 2 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2998 2999 Tract: 312.04 BG: 1 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2062 2063 2064 2065 Tract: 313.02 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 BG: 5 Tract: 313.06 BG: 1 1019 Tract: 313.07 BG: 1 780 FRIDAY, FEBRUARY 20, 2004 775 1000 1001 1002 1003 1004 1006 BG: 2 BG: 3 District 007 Atkinson County Berrien County Tract: 9701 Tract: 9702 BG: 1 Tract: 9703 BG: 1 1000 1001 1002 1003 1004 1005 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1028 1029 1030 1031 1032 BG: 2 2000 2001 2002 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2027 2028 2029 BG: 3 BG: 4 Tract: 9704 Tract: 9705 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2999 Tract: 9706 BG: 1 1000 1001 1002 1003 1024 1025 BG: 3 781 776 JOURNAL OF THE SENATE 3001 3002 3003 3004 3005 Camden County Tract: 101 BG: 1 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1989 1990 1991 BG: 2 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2995 2996 2997 2998 2999 Tract: 102 BG: 2 BG: 3 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3093 3104 3105 3106 3107 3113 3115 3116 3117 3118 3119 3120 3121 3122 3166 3167 3168 3169 3170 3171 3244 Tract: 103.01 Tract: 103.02 Tract: 104 BG: 1 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1067 1068 1069 1070 1103 1104 1105 1106 1107 1108 1109 1112 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 782 FRIDAY, FEBRUARY 20, 2004 777 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1235 1236 1237 1238 1239 1248 1249 1250 1251 1252 1301 1304 1306 1307 1981 1996 1997 1998 Tract: 105 BG: 9 9012 Charlton County Clinch County Coffee County Tift County Tract: 9905 BG: 1 1000 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1085 1086 1087 1088 1089 BG: 2 Tract: 9906 BG: 1 1000 1001 1002 1003 1004 1016 1017 1018 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 BG: 2 2032 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 BG: 3 BG: 4 Tract: 9907 BG: 1 1000 1001 1012 1013 1014 1015 1016 1017 1018 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 BG: 2 BG: 3 BG: 4 783 778 JOURNAL OF THE SENATE 4037 4038 4039 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 Tract: 9909 Ware County District 008 Berrien County Tract: 9702 BG: 2 Tract: 9703 BG: 1 1006 1007 1025 1026 1027 BG: 2 2006 2024 2025 2026 Tract: 9705 BG: 2 2122 2123 Tract: 9706 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 BG: 2 BG: 3 3000 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3997 3998 3999 Brooks County Cook County Echols County Lanier County Lowndes County 784 FRIDAY, FEBRUARY 20, 2004 779 Thomas County Tract: 9604 BG: 1 1000 1001 1002 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 BG: 2 2000 2001 2002 2003 2004 2011 2012 2017 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 Tract: 9608 BG: 1 1030 1031 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1995 BG: 5 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5998 Tract: 9610 BG: 2 2010 2011 2014 2015 2016 2017 BG: 3 3000 3001 3002 3003 3004 3005 3030 3031 3037 3038 3039 3040 3041 3042 3043 3044 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3998 Tract: 9611 BG: 1 BG: 2 2000 2001 2002 2005 2006 2007 2008 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 BG: 3 District 009 Gwinnett County 785 780 JOURNAL OF THE SENATE Tract: 504.27 Tract: 504.28 BG: 2 Tract: 504.29 BG: 1 1000 1001 1002 1003 1004 1014 1015 1016 1017 1999 BG: 7 Tract: 505.07 BG: 2 BG: 3 3011 3012 3021 3022 3023 3024 3025 3026 3027 3028 Tract: 505.09 BG: 1 BG: 2 BG: 3 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4999 Tract: 505.10 BG: 1 1000 1001 1006 1007 1008 1009 1012 1013 1014 1015 BG: 2 BG: 3 Tract: 505.11 Tract: 505.12 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 BG: 2 BG: 3 Tract: 505.13 BG: 1 1035 1036 1037 1038 1039 BG: 2 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 BG: 3 Tract: 505.14 BG: 1 1016 1022 1023 1024 1025 1026 1027 1028 1029 BG: 2 2044 2045 2046 2048 2049 2052 2053 2054 2055 2056 2059 2060 2061 Tract: 505.15 786 FRIDAY, FEBRUARY 20, 2004 781 Tract: 505.16 Tract: 505.19 BG: 4 BG: 7 7010 7011 7013 Tract: 505.20 Tract: 505.21 Tract: 505.22 Tract: 507.05 BG: 1 1017 1018 1019 Tract: 507.12 Tract: 507.13 Tract: 507.14 Tract: 507.15 Tract: 507.18 Tract: 507.20 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 BG: 3 BG: 4 Tract: 507.21 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6010 6011 6012 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 BG: 7 BG: 8 District 010 DeKalb County Tract: 209 BG: 2 2006 2007 2008 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 BG: 3 3000 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 BG: 4 Tract: 234.04 Tract: 234.05 787 782 JOURNAL OF THE SENATE BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4997 4998 Tract: 234.10 Tract: 234.11 Tract: 234.12 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2013 2014 BG: 3 Tract: 234.13 BG: 1 1002 1003 1004 1005 Tract: 234.14 BG: 1 1011 1012 1013 1014 Tract: 234.15 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1023 1998 BG: 4 Tract: 235.04 Tract: 235.05 BG: 1 1012 1013 BG: 2 2007 2008 2011 2012 2013 2014 Tract: 235.06 BG: 2 2011 2012 2023 2024 2025 BG: 4 4009 4010 4011 4012 4014 4015 4016 4017 4018 Tract: 235.07 BG: 2 2000 2001 2003 2004 2005 2006 2007 BG: 3 Tract: 236.01 BG: 1 BG: 2 788 FRIDAY, FEBRUARY 20, 2004 783 BG: 3 3000 3004 3005 3006 3008 3009 Tract: 236.02 BG: 1 BG: 2 2007 2008 2009 Tract: 236.03 Tract: 237 Tract: 238.01 Tract: 238.02 Tract: 238.03 Henry County Tract: 701.01 Tract: 701.02 Tract: 701.04 BG: 1 1041 1042 1043 1045 1046 1049 1050 1051 1052 1053 1054 1055 1056 1065 1066 1067 1068 1069 BG: 2 Tract: 701.05 BG: 1 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1140 1141 1142 1146 BG: 2 2000 2001 2002 2003 2039 2040 BG: 3 3024 3025 Tract: 701.06 BG: 1 1000 1001 1002 1003 1004 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2014 2015 2016 2017 2018 2019 2020 Tract: 702.01 Tract: 702.02 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1021 1022 1023 BG: 2 2006 2007 2008 2013 2014 2015 2016 2017 2018 2019 2020 2025 2026 2027 2028 2029 Tract: 702.03 BG: 1 789 784 JOURNAL OF THE SENATE 1018 1019 1020 1021 1022 1023 1026 1027 1028 1029 Tract: 703.03 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2038 2039 2040 2041 2042 2043 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3049 3051 3052 3053 3054 3055 3067 3068 3069 3070 3071 3072 3073 Tract: 703.04 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 Tract: 703.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1011 1012 1013 1014 1015 1020 District 011 Colquitt County Tract: 9702 BG: 1 1082 1083 1084 790 FRIDAY, FEBRUARY 20, 2004 785 BG: 2 2000 2001 2002 2003 2004 2005 2006 2038 2039 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2999 Tract: 9703 BG: 1 1038 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 9704 BG: 1 1006 1007 1010 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1049 1050 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2998 Tract: 9706 BG: 1 1039 1045 1047 1048 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2024 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 BG: 3 Tract: 9707 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 BG: 2 BG: 3 BG: 4 BG: 5 5004 5005 5006 5007 5011 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 791 786 JOURNAL OF THE SENATE 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 BG: 6 Tract: 9708 Tract: 9709 Decatur County Early County Tract: 9902 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1039 1042 1043 1044 1052 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2030 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3998 3999 Tract: 9903 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1048 1049 1054 1055 1056 1998 1999 BG: 2 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2996 2997 2998 2999 Tract: 9904 BG: 1 1023 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1046 1998 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 BG: 3 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 Tract: 9905 792 FRIDAY, FEBRUARY 20, 2004 787 Grady County Miller County Mitchell County Tract: 9802 BG: 1 1008 1009 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1998 1999 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3997 3998 3999 BG: 4 Tract: 9804 BG: 3 3040 BG: 4 4024 4025 4026 4027 4033 Tract: 9805 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 BG: 4 BG: 5 Seminole County 793 788 JOURNAL OF THE SENATE Thomas County Tract: 9601 Tract: 9602 Tract: 9603 Tract: 9604 BG: 1 1003 1004 1005 1021 BG: 2 2005 2006 2007 2008 2009 2010 2013 2014 2015 2016 2018 Tract: 9605 Tract: 9606 Tract: 9607 Tract: 9608 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1032 1046 1047 1048 1049 1996 1997 1998 1999 BG: 2 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5999 Tract: 9609 Tract: 9610 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2013 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3032 3033 3034 3035 3036 3045 3046 3047 3999 Tract: 9611 BG: 2 2003 2004 2009 2010 District 012 Baker County Calhoun County 794 FRIDAY, FEBRUARY 20, 2004 789 Clay County Dougherty County Tract: 1 BG: 1 1003 1004 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 10 Tract: 101 BG: 1 1030 1031 1032 1033 BG: 2 2018 2019 2020 2021 2022 Tract: 103.01 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1997 1999 Tract: 103.02 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 Tract: 104.01 Tract: 104.02 Tract: 104.03 Tract: 105 Tract: 106.01 Tract: 106.02 Tract: 107 Tract: 108 Tract: 109 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2009 2010 2011 2998 2999 795 790 JOURNAL OF THE SENATE BG: 3 Tract: 11 Tract: 111 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 Tract: 12 Tract: 13 Tract: 14.01 Tract: 14.02 Tract: 15 Tract: 2 Tract: 3 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1024 1025 1026 1027 1028 1031 1032 1033 1034 1035 1036 1995 1996 Tract: 4 Tract: 5 Tract: 6 Tract: 8 Tract: 9 Early County Tract: 9901 Tract: 9902 BG: 1 1037 1038 1040 1041 1045 1046 1047 1048 1049 1050 1051 1053 1054 1055 BG: 2 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 BG: 3 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 BG: 4 Tract: 9903 BG: 1 1000 1001 1002 1003 1004 1005 1006 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1050 1051 1052 1053 1057 1058 1059 1060 1061 1062 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 796 FRIDAY, FEBRUARY 20, 2004 791 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Tract: 9904 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 1045 1999 BG: 2 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 Lee County Tract: 203 BG: 5 5044 5045 5046 5047 5048 5049 5050 5051 Tract: 204 BG: 2 2002 2003 2004 2005 2006 2007 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2999 BG: 3 Mitchell County Tract: 9801 Tract: 9802 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1010 1011 1012 1013 1014 BG: 3 3015 3016 Tract: 9803 Tract: 9804 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 797 792 JOURNAL OF THE SENATE 4028 4029 4030 4031 4032 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 Tract: 9805 BG: 1 1000 1001 1002 1003 BG: 3 3022 Randolph County Terrell County District 013 Ben Hill County Tract: 9601 BG: 1 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1107 1108 1109 1110 1111 1112 1987 1988 1989 Tract: 9602 BG: 1 1005 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1131 1132 1133 1134 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1993 1994 1995 1996 1997 1998 Tract: 9603 Tract: 9604 798 FRIDAY, FEBRUARY 20, 2004 793 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1033 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2027 2028 2029 2030 BG: 3 3009 3010 3011 3012 3028 3029 3030 3031 3047 3048 3049 Tract: 9605 BG: 1 BG: 2 BG: 3 3001 3002 3003 3004 3005 3006 3009 3010 3011 3012 3013 3014 3017 3018 3019 3020 3021 3022 3025 3026 3027 3028 3029 3030 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3047 3048 3049 3050 3051 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3999 Colquitt County Tract: 9701 Tract: 9702 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1085 1086 1087 1088 1998 1999 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2040 2041 2042 2061 2062 2063 2080 2081 Tract: 9703 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1039 1040 1041 1042 1043 1044 1045 1046 Tract: 9704 799 794 JOURNAL OF THE SENATE BG: 1 1000 1001 1002 1003 1004 1005 1008 1009 1011 1012 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 BG: 2 2000 2001 2002 2003 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2999 BG: 3 Tract: 9705 Tract: 9706 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1040 1041 1042 1043 1044 1046 BG: 2 2000 2001 2023 2025 2026 2027 Tract: 9707 BG: 1 1000 1001 1002 1003 1004 1005 BG: 5 5000 5001 5002 5003 5008 5009 5010 5012 5013 5014 5069 5070 Crisp County Dooly County Dougherty County Tract: 1 BG: 1 1000 1001 1002 1005 1006 1007 1008 1009 1010 1011 1012 1013 Tract: 101 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1034 1035 1036 1037 1038 1996 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Tract: 102 Tract: 103.01 BG: 1 1000 1998 800 FRIDAY, FEBRUARY 20, 2004 795 Tract: 103.02 BG: 3 3996 3997 3998 3999 BG: 5 5999 Tract: 109 BG: 2 2007 2008 2012 2013 2014 2015 2016 2017 2018 2019 2997 Tract: 110 Tract: 111 BG: 1 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 Tract: 3 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1020 1021 1022 1023 1029 1030 1997 1998 1999 BG: 2 Tract: 7 Pulaski County Tift County Tract: 9901 Tract: 9902 Tract: 9903 Tract: 9904 Tract: 9905 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1082 1083 1084 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 Tract: 9906 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2033 2034 2035 801 796 JOURNAL OF THE SENATE Tract: 9907 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1019 1020 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4040 4041 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4998 4999 Tract: 9908 Turner County Wilcox County Worth County District 014 Chattahoochee County Tract: 201 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2998 Tract: 202 BG: 9 9000 9001 9002 9003 9004 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9032 9033 9034 9035 9036 9037 9038 9039 9040 9994 9995 9996 9997 9998 9999 Harris County Tract: 9802 BG: 1 1000 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 802 FRIDAY, FEBRUARY 20, 2004 797 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1998 1999 BG: 2 2035 2037 2038 2048 2049 2050 Tract: 9804 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2071 2078 2080 2081 2088 2090 2998 2999 BG: 4 4038 4040 BG: 5 Lee County Tract: 201 Tract: 202 Tract: 203 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5052 5053 5054 5989 5990 5991 5992 5993 5994 5995 5996 5997 5998 5999 Tract: 204 BG: 1 BG: 2 2000 2001 2008 2009 2010 2011 2012 2013 2032 2033 2998 Macon County Tract: 9801 BG: 2 2014 2021 2022 2023 2072 2073 2998 Tract: 9802 Tract: 9803 Tract: 9804 BG: 1 1028 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 803 798 JOURNAL OF THE SENATE 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3996 3997 3998 BG: 4 4013 4014 4015 4016 4017 4018 4019 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4998 4999 BG: 5 5007 BG: 6 6024 6025 6026 6028 6029 6053 6054 6997 Marion County Muscogee County Tract: 101.02 Tract: 101.04 Tract: 101.05 Tract: 101.06 Tract: 102.03 BG: 1 BG: 3 3000 3019 3020 Tract: 102.04 Tract: 102.05 Tract: 104.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2998 2999 Tract: 104.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2010 BG: 9 9003 9004 Tract: 105.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 804 FRIDAY, FEBRUARY 20, 2004 799 1012 1013 1014 1015 1016 1017 1018 1019 1020 1999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4013 4014 4015 4016 4017 4018 4019 4020 4023 4024 4999 Tract: 105.02 Tract: 108 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9998 9999 Quitman County Schley County Stewart County Sumter County Talbot County Taylor County Tract: 9502 BG: 2 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2995 Tract: 9503 BG: 1 1003 1004 1005 1006 1007 1008 1039 1040 1041 1042 1043 1056 1061 1062 1063 1064 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2018 2019 2020 2046 2048 2049 2057 2059 2060 2061 2072 2074 2075 2076 2077 2078 2079 2080 2081 2083 2084 2085 2086 2087 2090 2091 2994 2995 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3998 3999 805 800 JOURNAL OF THE SENATE BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139 4142 4144 4145 4146 4147 4148 4149 4150 4998 Upson County Tract: 9901 BG: 2 2026 2027 2028 2029 2030 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 Tract: 9902.01 BG: 4 4006 4007 4008 4009 4010 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 BG: 5 5021 5022 5023 5024 5025 5026 5027 Tract: 9903 BG: 2 2040 2041 2045 2046 2047 2048 2050 2051 2052 2053 2054 2055 2056 2057 2080 2081 2082 2083 2084 2085 2086 2994 2995 2997 2998 Tract: 9904 Tract: 9905 BG: 1 1025 1026 1027 1028 1029 1030 1031 1032 1033 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1999 BG: 2 BG: 3 BG: 4 806 FRIDAY, FEBRUARY 20, 2004 801 4006 4007 4009 4010 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4035 4036 4037 4038 4039 4040 4041 BG: 5 Tract: 9906 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1999 BG: 2 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2083 2084 2990 Webster County District 015 Chattahoochee County Tract: 201 BG: 2 2029 2999 Tract: 202 BG: 9 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9015 9016 9017 9986 9987 9988 9989 9990 9991 9992 9993 Muscogee County Tract: 1 Tract: 10 Tract: 103.02 BG: 2 2020 Tract: 104.02 BG: 2 2007 2008 2009 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2031 2999 BG: 9 9001 9002 9015 9016 9020 Tract: 105.01 BG: 1 1021 1022 1023 1024 1025 BG: 2 BG: 3 3011 3012 3013 3014 3015 3016 3017 807 802 JOURNAL OF THE SENATE BG: 4 4009 4010 4011 4012 4021 4022 4025 4026 Tract: 106.02 Tract: 106.04 Tract: 106.05 Tract: 106.06 Tract: 107.01 Tract: 107.02 Tract: 107.03 Tract: 108 BG: 9 9008 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9992 9993 9994 9995 9996 9997 Tract: 109 Tract: 11 Tract: 110 Tract: 12 Tract: 13 Tract: 14 Tract: 15 Tract: 16 Tract: 18 Tract: 19 Tract: 2 Tract: 20 Tract: 21 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28 Tract: 29.01 Tract: 29.02 Tract: 3 Tract: 30 Tract: 31 Tract: 32 Tract: 33 Tract: 34 Tract: 4 BG: 1 808 FRIDAY, FEBRUARY 20, 2004 803 1000 1002 1003 1004 1005 1006 1007 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3017 3018 3019 3020 3023 3997 3998 3999 Tract: 5 Tract: 8 Tract: 9 District 016 Bibb County Tract: 102 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 Tract: 118 BG: 1 BG: 3 3000 3001 3002 3018 3019 3020 3021 3022 3023 3024 BG: 4 4000 4001 4002 4006 Tract: 120 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4015 4016 4017 Tract: 121 BG: 1 BG: 2 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 Tract: 122 BG: 1 1000 1001 1003 1004 1005 1006 1007 BG: 2 2041 2042 Tract: 123 809 804 JOURNAL OF THE SENATE BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 Tract: 130 BG: 2 2200 2201 2202 2214 2216 2217 2218 2219 2220 2221 2222 2235 2236 2990 2991 Tract: 131.01 BG: 5 5001 5002 5030 5031 5035 5037 Tract: 132.01 BG: 1 1000 Tract: 134.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1998 1999 BG: 2 BG: 3 BG: 4 Tract: 134.02 BG: 2 2009 2014 2015 2016 BG: 3 3010 3011 3017 3018 3019 3020 3021 3022 3023 3024 3025 3027 3028 3029 BG: 4 BG: 5 BG: 6 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 Tract: 135.01 Tract: 135.02 Tract: 136.01 BG: 1 BG: 2 2001 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2998 2999 BG: 3 BG: 4 4010 4011 4012 4013 4018 4019 4020 4021 4022 4023 4024 4025 810 FRIDAY, FEBRUARY 20, 2004 805 4026 4027 4028 4029 4030 4031 4032 4033 4034 4041 4042 4999 Tract: 136.02 BG: 3 3000 3001 3003 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3999 BG: 4 BG: 5 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 BG: 6 Crawford County Tract: 702 BG: 1 1001 1002 1999 Harris County Tract: 9801.98 BG: 1 1000 1001 1002 1003 1088 BG: 2 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2106 2107 2108 2109 2110 2129 2136 2992 2993 2995 BG: 3 3061 3062 Tract: 9802 BG: 1 1001 1002 1003 1004 1005 1006 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2036 2039 2040 2041 2042 2043 2044 2045 2046 2047 2051 2052 2053 2054 2055 2999 Tract: 9803 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2026 2029 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 811 806 JOURNAL OF THE SENATE 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2996 2997 2998 2999 BG: 3 BG: 4 Tract: 9804 BG: 2 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2072 2073 2074 2075 2076 2077 2079 2082 2083 2084 2085 2086 2087 2089 2995 2996 2997 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4039 4041 4042 4043 4044 4045 4999 Houston County Tract: 201.01 BG: 2 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2045 2046 2047 2052 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 BG: 3 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 Tract: 202 BG: 4 4052 Tract: 209 BG: 4 4005 Tract: 210 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 812 FRIDAY, FEBRUARY 20, 2004 807 Tract: 211.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1035 1036 1037 1038 1039 1040 1041 1051 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2091 2092 2093 2094 2095 Tract: 211.06 BG: 2 2068 2069 2070 2071 2093 2094 2095 2096 Lamar County Tract: 9701 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2079 2080 2081 2996 2997 2998 2999 BG: 3 Tract: 9702 BG: 1 1003 1004 BG: 2 2000 2002 BG: 3 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4028 BG: 5 5023 5024 5025 813 808 JOURNAL OF THE SENATE Tract: 9703 BG: 1 1004 1005 1008 1009 1010 1011 BG: 2 2019 2020 2021 BG: 3 3000 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3038 3039 3040 3041 3042 3043 3044 3045 BG: 4 Meriwether County Tract: 9705 BG: 1 1019 1020 1021 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1997 1998 BG: 2 2043 2044 2046 2047 2048 2049 2050 2051 2052 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2999 BG: 3 BG: 4 BG: 5 BG: 6 BG: 7 Tract: 9706 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1998 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2998 2999 Monroe County 814 FRIDAY, FEBRUARY 20, 2004 809 Tract: 501 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1996 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2057 2058 2059 2060 2061 2062 2063 2997 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3128 3129 3134 3135 3136 3137 3138 3990 3991 3992 3993 3994 3995 3996 3997 3998 3999 Tract: 502 BG: 1 1000 1001 1002 1003 1004 1005 Tract: 503 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1011 1036 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1140 1161 1162 1996 1997 1998 1999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 815 810 JOURNAL OF THE SENATE 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3998 3999 Muscogee County Tract: 102.01 Tract: 102.03 BG: 2 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3021 3022 Tract: 103.01 Tract: 103.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Tract: 104.01 BG: 2 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 BG: 3 Tract: 104.02 BG: 2 2006 2029 2030 BG: 9 9000 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9017 9018 9019 9997 9998 9999 Tract: 4 BG: 1 1001 1008 1009 1010 1031 BG: 3 3016 3021 3022 Peach County Tract: 401 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 816 FRIDAY, FEBRUARY 20, 2004 811 1047 1048 1049 1057 1058 1059 1060 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 Tract: 402 BG: 1 1000 1001 1002 1003 Pike County Tract: 9801 BG: 2 2058 2059 2997 2998 Tract: 9803 BG: 2 Tract: 9804 BG: 1 BG: 2 2002 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2999 Spalding County Tract: 1608 BG: 2 2065 2066 2067 2069 2070 2071 Tract: 1609 BG: 1 1000 1001 1002 1003 1004 1005 1006 1009 BG: 2 BG: 3 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 Tract: 1610 BG: 2 BG: 3 Tract: 1611 Tract: 1612 BG: 1 817 812 JOURNAL OF THE SENATE 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1028 1029 1030 BG: 2 2000 2001 2014 2015 2023 BG: 3 3000 3008 3009 3027 3028 BG: 4 4000 4001 4019 4020 4021 Upson County Tract: 9902.01 BG: 5 5002 5003 5004 5005 5028 5029 5999 Tract: 9902.02 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1997 BG: 2 2000 2001 2002 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Tract: 9903 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2042 2043 2044 2049 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2087 2996 2999 District 017 Barrow County Tract: 1801.01 BG: 1 1000 1001 1002 1003 1004 1130 1131 1132 1136 1137 1138 1139 1140 1141 1142 1143 1145 1146 1147 1148 1149 1150 BG: 2 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 Tract: 1801.02 BG: 1 818 FRIDAY, FEBRUARY 20, 2004 813 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 Tract: 1802.01 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3028 3029 3031 3032 3033 3034 3035 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3060 BG: 4 4041 4046 4048 4049 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 Tract: 1802.02 BG: 1 1015 1016 1017 1027 1047 1048 1049 1050 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2044 2045 2046 2050 2051 2057 2058 2059 2060 2061 2062 2998 Tract: 1803 BG: 1 1011 1012 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1032 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1999 BG: 2 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2064 2079 2080 2081 2082 2084 2085 Tract: 1804 BG: 2 2007 2008 2022 2023 2025 2026 2027 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2994 2995 2996 2997 2998 2999 819 814 JOURNAL OF THE SENATE Tract: 1805 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 1028 1029 1030 1031 1032 1033 1998 1999 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 Henry County Tract: 702.02 BG: 1 1000 1001 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1024 1025 1026 BG: 2 2000 2001 2002 2003 2004 2005 2009 2010 2011 2012 2021 2022 2023 2024 2998 2999 Tract: 702.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1024 1025 1030 1031 1032 1033 1034 1035 1036 1037 1038 BG: 2 Tract: 703.03 BG: 2 2035 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2065 2066 2067 2068 2069 BG: 3 3044 3045 3046 3047 3048 3050 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 Tract: 703.04 BG: 3 3037 3038 Tract: 703.05 BG: 1 1007 1008 1009 1010 1016 1017 1018 1019 1021 1022 1023 1024 1025 BG: 2 Tract: 703.06 820 FRIDAY, FEBRUARY 20, 2004 815 Tract: 704.01 Tract: 704.02 Tract: 705 Newton County Tract: 1001 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1053 1064 1073 1074 1075 1076 1077 1078 1998 1999 BG: 2 2104 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2996 2997 Tract: 1004 BG: 1 1071 1072 Tract: 1005 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1030 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1080 1081 1082 1083 1084 1085 1086 1089 1090 1091 1092 1093 1116 1117 1118 1119 Tract: 1009 BG: 1 BG: 2 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2997 Rockdale County Tract: 601.02 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3030 3032 3033 3034 3041 3042 3043 3044 3045 3046 3047 3048 3998 3999 Tract: 603.07 BG: 3 821 816 JOURNAL OF THE SENATE 3035 Tract: 604.04 BG: 2 2015 2016 2017 2018 2019 2020 2021 Tract: 604.05 BG: 1 1000 1001 1002 1003 1004 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 BG: 2 Tract: 604.06 Tract: 604.07 Spalding County Tract: 1601 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1997 1998 1999 BG: 2 Tract: 1603 BG: 1 1000 1001 1002 1003 1004 1005 Tract: 1605 BG: 1 1000 1001 1002 1005 1032 1033 1034 1035 1036 1037 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2015 2016 2017 2018 2019 2023 2024 2025 2032 2033 2034 2035 2038 2043 2047 2048 2049 2059 2060 2072 2998 Tract: 1606 Tract: 1607 BG: 5 5009 5011 5012 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5999 Tract: 1612 BG: 4 4059 4060 822 FRIDAY, FEBRUARY 20, 2004 817 Walton County Tract: 1101 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 BG: 2 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 Tract: 1104 BG: 1 1014 Tract: 1105.01 Tract: 1105.02 Tract: 1106 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1038 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1998 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2046 2047 2048 District 018 Crawford County Tract: 701 Tract: 702 BG: 1 1000 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1992 1993 1994 1995 1996 1997 1998 BG: 2 BG: 3 823 818 JOURNAL OF THE SENATE Houston County Tract: 201.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1031 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2044 2048 2049 2050 2051 2053 2054 2055 2056 2057 2072 BG: 4 4000 4001 Tract: 201.02 BG: 1 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2996 2997 Tract: 202 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 Tract: 203 BG: 3 3013 3014 BG: 4 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 Tract: 204 BG: 2 2009 BG: 4 4015 4016 4017 4018 4019 4020 4021 4022 4023 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 824 FRIDAY, FEBRUARY 20, 2004 819 Tract: 206 BG: 1 1015 Tract: 207 Tract: 208 Tract: 209 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 Tract: 210 BG: 1 BG: 2 BG: 3 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 BG: 4 BG: 5 Tract: 211.03 Tract: 211.04 BG: 1 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1042 1043 1044 1045 1046 1047 1048 1049 1050 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 BG: 2 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2096 2097 2098 2099 2100 2101 2102 2103 Tract: 211.05 Tract: 211.06 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 825 820 JOURNAL OF THE SENATE 2088 2089 2090 2091 2092 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 Tract: 211.07 Tract: 212 Tract: 213 Tract: 214 Tract: 215 Lamar County Tract: 9701 BG: 2 2074 2075 2076 2077 2078 2995 Tract: 9702 BG: 1 1000 1001 1002 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1998 1999 BG: 2 2001 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3038 BG: 4 4027 4029 4030 4031 4032 4033 4999 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5997 5998 5999 Tract: 9703 BG: 1 1000 1001 1002 1003 1006 1007 1012 1013 1014 1015 1016 1017 826 FRIDAY, FEBRUARY 20, 2004 821 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2022 2023 2024 2025 BG: 3 3001 3002 3003 3036 3037 Macon County Tract: 9801 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2015 2016 2017 2018 2019 2020 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2074 2075 2076 2994 2995 2996 2997 2999 Tract: 9804 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1999 BG: 2 2000 2001 2002 2999 BG: 3 3000 3999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4020 4036 4037 4038 4039 4040 4041 BG: 5 5000 5001 5002 5003 5004 5005 5006 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5999 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6027 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 6050 6051 6052 6996 6998 6999 827 822 JOURNAL OF THE SENATE Monroe County Tract: 501 BG: 1 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1994 1995 BG: 2 2054 2055 2056 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 BG: 3 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3130 3131 3132 3133 3989 Tract: 502 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 BG: 2 BG: 3 Tract: 503 BG: 1 1009 1010 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1139 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1163 1164 1165 1989 1990 1991 1992 1993 1994 1995 BG: 2 BG: 3 828 FRIDAY, FEBRUARY 20, 2004 823 3008 3009 3010 3011 3012 3013 3014 3015 3016 3080 3997 Peach County Tract: 401 BG: 1 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1050 1051 1052 1053 1054 1055 1056 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 BG: 3 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 Tract: 402 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 BG: 2 Tract: 403.01 Tract: 403.02 Tract: 404 Taylor County Tract: 9501 Tract: 9502 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2092 2093 2996 2997 2998 2999 Tract: 9503 BG: 1 1000 1001 1002 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1057 1058 1059 1060 1996 829 824 JOURNAL OF THE SENATE BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2047 2050 2051 2052 2053 2054 2055 2056 2058 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2073 2082 2088 2089 2092 2996 2997 2998 BG: 3 3018 3019 3020 3021 3022 3053 3054 BG: 4 4009 4010 4011 4012 4013 4014 4015 4016 4017 4140 4141 4143 4151 4999 Upson County Tract: 9901 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2031 2032 2033 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 Tract: 9902.01 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4011 4012 4999 BG: 5 5000 5001 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 Tract: 9902.02 BG: 1 1000 1001 1002 1003 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1998 1999 BG: 2 2003 2004 2005 2006 2007 Tract: 9905 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1034 BG: 4 4000 4001 4002 4003 4004 4005 4008 4011 4033 4034 Tract: 9906 830 FRIDAY, FEBRUARY 20, 2004 825 BG: 1 1000 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2991 2992 2993 2994 2995 2996 2997 2998 2999 District 019 Appling County Bacon County Ben Hill County Tract: 9601 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1106 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1986 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 Tract: 9602 BG: 1 1000 1001 1002 1003 1004 1006 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1135 1136 1137 1203 1999 Tract: 9604 BG: 1 1000 1001 1002 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1034 1035 1036 1037 1038 1039 1040 831 826 JOURNAL OF THE SENATE BG: 2 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2031 2032 2033 2034 2035 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3050 3051 3052 BG: 4 Tract: 9605 BG: 3 3000 3007 3008 3015 3016 3023 3024 3031 3032 3046 3052 BG: 4 BG: 5 Brantley County Camden County Tract: 101 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1992 1993 1994 1995 1996 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2106 Tract: 102 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3092 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3108 3109 832 FRIDAY, FEBRUARY 20, 2004 827 3110 3111 3112 3114 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3147 3148 3149 3150 3151 3152 3153 3154 3155 3156 3157 3158 3159 3160 3161 3162 3163 3164 3165 3172 3173 3174 3175 3176 3177 3178 3179 3180 3181 3182 3183 3184 3185 3186 3187 3188 3189 3190 3191 3192 3193 3194 3195 3196 3197 3198 3199 3200 3201 3202 3203 3204 3205 3206 3207 3208 3209 3210 3211 3212 3213 3214 3215 3216 3217 3218 3219 3220 3221 3222 3223 3224 3225 3226 3227 3228 3229 3230 3231 3232 3233 3234 3235 3236 3237 3238 3239 3240 3241 3242 3243 3993 3994 3995 3996 3997 3998 3999 Tract: 104 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1064 1065 1066 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1110 1111 1113 1114 1234 1240 1241 1242 1243 1244 1245 1246 1247 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1302 1303 1305 1308 1980 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1999 Tract: 105 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9013 9014 9015 9016 9017 9018 9994 9995 9996 9997 9998 9999 Tract: 106 Dodge County Tract: 9601 BG: 2 2037 2038 2039 2040 2041 2042 2043 2051 2052 2053 2054 2058 2059 Tract: 9602 BG: 1 1020 1021 1022 1023 1062 1063 BG: 2 2007 2008 2009 2010 2011 2016 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 833 828 JOURNAL OF THE SENATE BG: 3 3008 3009 3010 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 Tract: 9603 Tract: 9604 BG: 1 1014 1015 1016 1017 1018 1023 1024 1025 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1996 1997 1998 BG: 2 BG: 3 Tract: 9605 Tract: 9606 Irwin County Jeff Davis County Pierce County Telfair County Toombs County Tract: 9701 BG: 1 1030 1031 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1999 BG: 2 BG: 3 BG: 4 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4035 4037 Tract: 9702 BG: 1 1006 1007 1028 1029 1030 BG: 2 BG: 3 3011 3012 3013 3014 3015 3016 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 Tract: 9703 BG: 3 834 FRIDAY, FEBRUARY 20, 2004 829 3053 3054 3055 3056 3057 BG: 5 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5999 Tract: 9704 BG: 3 3019 BG: 4 4000 4002 4003 4004 4005 4007 4008 4009 4010 4011 4012 4013 4022 4023 4024 4025 4026 4027 Tract: 9705 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2015 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2999 BG: 3 Tract: 9706 BG: 1 BG: 2 BG: 3 3015 3043 3044 3045 3046 3047 3048 3049 3060 3061 3062 3063 3064 3997 District 020 Bleckley County Dodge County Tract: 9601 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2044 2045 2046 2047 2048 2049 2050 2055 2056 2057 2060 2061 2999 Tract: 9602 BG: 1 835 830 JOURNAL OF THE SENATE 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1064 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2012 2013 2014 2015 2017 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3011 3012 3013 Tract: 9604 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1019 1020 1021 1022 1026 1999 Emanuel County Tract: 9801 BG: 3 3025 3026 3027 3065 BG: 4 4016 4017 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 4150 4151 4152 4153 4154 4155 4156 4157 4158 4159 4160 4161 4162 4163 4164 4165 4166 4167 4168 4169 4170 4171 4172 4173 4174 4175 4176 4177 4997 4998 Tract: 9802 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1067 1068 1069 1070 1071 1073 1074 1075 1077 1154 1155 1998 BG: 2 Tract: 9803 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 836 FRIDAY, FEBRUARY 20, 2004 831 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1999 BG: 2 BG: 3 Tract: 9804 Tract: 9805 Tract: 9806 Johnson County Laurens County Montgomery County Toombs County Tract: 9701 BG: 1 1006 1007 Tract: 9702 BG: 1 1000 1001 1002 1003 1004 1005 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3017 3018 3019 3020 3021 3022 3023 3044 BG: 4 BG: 5 BG: 6 Tract: 9703 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 837 832 JOURNAL OF THE SENATE 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3058 3059 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 Tract: 9704 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3020 3021 3022 3023 3024 3025 3999 BG: 4 4001 4006 4014 4015 4016 4017 4018 4019 4020 4021 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 Tract: 9705 BG: 2 2014 2016 Treutlen County Washington County Wheeler County Wilkinson County Tract: 9602 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1041 1042 1043 1044 1045 1052 1053 1054 1055 1091 1092 1093 1094 1095 1096 1097 1098 1099 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 Tract: 9603 BG: 1 BG: 2 2000 2019 2020 2021 2045 2046 2999 838 FRIDAY, FEBRUARY 20, 2004 833 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4999 Tract: 9604 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1038 1047 1048 1049 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1998 BG: 2 2000 2001 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 District 021 Cherokee County Tract: 907.01 BG: 4 4049 4052 4998 4999 Tract: 908.01 BG: 7 7999 Tract: 909.01 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 BG: 3 Tract: 909.02 Tract: 909.03 Tract: 910.01 Tract: 910.03 Tract: 910.04 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3995 3996 3998 3999 Tract: 910.05 Tract: 910.06 Tract: 911.01 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1998 839 834 JOURNAL OF THE SENATE BG: 2 Tract: 911.02 Tract: 911.03 Cobb County Tract: 301.01 BG: 4 4001 4003 4004 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 Tract: 301.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1065 1069 1070 1071 1072 1073 1074 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2032 2033 2034 2035 2036 2038 2039 2040 2041 2042 2043 2044 2045 2046 2050 2051 2053 2054 2055 Tract: 301.03 BG: 1 1004 1005 1006 1007 1008 1018 1019 Tract: 302.05 BG: 1 1000 1001 1002 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1041 1042 1044 1045 1046 1047 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1080 1081 1084 1085 1090 1091 1092 1093 1998 1999 BG: 2 Tract: 302.11 BG: 1 1000 1001 1002 1003 1004 1006 1010 1011 1012 1015 1019 1020 1021 1022 1029 1040 1041 1042 BG: 3 3000 3002 3038 3039 3040 3041 3042 3043 3044 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3058 3065 Tract: 302.12 840 FRIDAY, FEBRUARY 20, 2004 835 Tract: 302.17 BG: 1 1000 1001 1031 1032 1033 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1050 1060 1062 Tract: 303.10 Tract: 303.11 Tract: 303.12 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 Tract: 303.13 BG: 2 BG: 3 3013 BG: 4 4009 4010 BG: 5 Tract: 303.14 BG: 1 1007 BG: 2 2000 2001 2002 Tract: 303.22 Tract: 303.24 Tract: 303.25 Tract: 303.26 Tract: 305.01 BG: 4 4051 4053 4054 4055 4056 4059 Tract: 306 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5053 5056 5057 5997 5998 5999 District 022 Richmond County Tract: 1 BG: 1 BG: 2 BG: 3 841 836 JOURNAL OF THE SENATE BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4010 4011 4012 4013 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5023 5024 5025 5026 5027 5028 5029 5999 Tract: 10 BG: 1 1014 1015 1016 1017 1018 1019 1020 BG: 2 2005 2007 2008 2009 2010 2011 2012 2013 2014 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 BG: 4 Tract: 101.01 BG: 2 2003 2004 2005 2006 2009 2010 2011 2012 2013 2014 2015 2016 Tract: 101.02 BG: 2 BG: 3 Tract: 102.01 BG: 1 BG: 2 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 Tract: 103 Tract: 104 Tract: 105.04 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2085 2086 2999 Tract: 105.05 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 3 Tract: 105.06 Tract: 105.07 842 FRIDAY, FEBRUARY 20, 2004 837 Tract: 105.08 Tract: 105.09 Tract: 105.10 Tract: 105.11 Tract: 106 Tract: 107.03 Tract: 107.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1061 1062 1063 1064 1065 1066 Tract: 107.05 Tract: 107.06 Tract: 109.01 BG: 1 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4998 4999 Tract: 109.02 Tract: 11 Tract: 12 Tract: 13 Tract: 14 Tract: 15 Tract: 16 BG: 2 2000 2001 2002 2003 2004 2005 BG: 5 BG: 6 6000 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 Tract: 2 BG: 2 2004 843 838 JOURNAL OF THE SENATE BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 BG: 4 4019 4020 Tract: 4 Tract: 6 Tract: 7 Tract: 8 BG: 1 1017 1018 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 BG: 2 Tract: 9 District 023 Burke County Candler County Columbia County Tract: 301.01 BG: 1 BG: 2 Tract: 302.01 BG: 1 1039 1041 1042 Tract: 302.02 Tract: 302.03 Tract: 303.02 BG: 3 3019 3020 3021 3022 3023 3024 3025 3026 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3999 Tract: 305.01 Tract: 305.02 Tract: 306.03 Emanuel County Tract: 9801 BG: 1 844 FRIDAY, FEBRUARY 20, 2004 839 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3990 3991 3992 3993 3994 3995 3996 3997 3998 3999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4018 4019 4020 4021 4022 4023 4024 4025 4996 4999 Tract: 9802 BG: 1 1000 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1072 1076 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1994 1995 1996 1997 1999 Tract: 9803 BG: 1 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 Jefferson County Richmond County Tract: 1 BG: 4 4009 BG: 5 5021 5022 5030 5031 5032 5033 5034 Tract: 10 845 840 JOURNAL OF THE SENATE BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 BG: 2 2000 2001 2002 2003 2004 2006 BG: 3 3000 3001 3002 3003 Tract: 101.01 BG: 1 BG: 2 2000 2001 2002 2007 2008 Tract: 101.02 BG: 1 BG: 4 Tract: 101.04 Tract: 101.05 Tract: 102.01 BG: 3 3002 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3999 Tract: 102.03 Tract: 102.04 Tract: 105.04 BG: 2 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2997 2998 Tract: 105.05 BG: 2 2009 Tract: 107.04 BG: 1 1060 Tract: 108 Tract: 109.01 BG: 4 4046 Tract: 16 BG: 1 BG: 2 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 846 FRIDAY, FEBRUARY 20, 2004 841 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 BG: 3 BG: 4 BG: 6 6001 Tract: 2 BG: 1 BG: 2 2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 3000 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4021 4022 4995 4996 4997 4998 4999 Tract: 3 Tract: 8 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020 1998 1999 District 024 Columbia County Tract: 301.01 BG: 3 BG: 4 Tract: 301.02 Tract: 302.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1040 1043 1044 Tract: 303.02 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3056 3057 3079 3080 3081 3082 3083 3084 Tract: 303.03 847 842 JOURNAL OF THE SENATE Tract: 303.04 Tract: 303.05 Tract: 304 Elbert County Glascock County Hart County Lincoln County Madison County Tract: 201 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4083 4085 4086 4087 4088 4089 4091 4092 4099 4107 4998 Tract: 202 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3024 3025 3026 3027 3028 3029 3030 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3064 3065 3066 3067 3068 3999 BG: 4 4000 Tract: 203 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1030 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 848 FRIDAY, FEBRUARY 20, 2004 843 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1996 1997 1998 1999 BG: 2 Tract: 206 McDuffie County Tract: 9501 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2995 2996 2997 2998 2999 Tract: 9502 BG: 1 1000 1001 1002 1003 1004 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 BG: 3 3000 3001 3002 3003 3004 3006 3035 3036 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3999 Tract: 9503 BG: 2 2013 2047 2048 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 Tract: 9504 BG: 1 1013 BG: 2 849 844 JOURNAL OF THE SENATE 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2023 2024 2025 2026 2027 2028 2029 2030 2031 2034 2035 2040 2041 2042 2043 2044 2045 2046 2047 BG: 3 BG: 4 4017 4018 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4044 4045 4046 4047 4048 4049 4050 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5997 5998 5999 Tract: 9505 Oglethorpe County Tract: 9601 Tract: 9602 BG: 1 BG: 2 2000 BG: 3 3000 3003 3004 3005 3009 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5999 Tract: 9603 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1014 1015 1016 1017 1018 1019 1020 1022 1023 1024 1025 1108 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1145 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 Taliaferro County Tract: 9902 BG: 3 3000 3001 3002 3003 3004 3009 3010 3011 3017 3018 3019 3020 850 FRIDAY, FEBRUARY 20, 2004 845 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3999 Warren County Tract: 9701 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1114 1117 1118 1124 1125 1128 1129 1998 1999 Tract: 9704 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3047 3048 3049 3050 3051 3052 3091 3092 3093 3094 3095 3096 3097 3098 3099 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3147 3148 3149 3150 3151 3993 3996 3997 3998 3999 Wilkes County District 025 Baldwin County Hancock County Jasper County Jones County Tract: 301.01 851 846 JOURNAL OF THE SENATE Tract: 301.02 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3999 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9012 9019 9043 9044 9045 9046 9999 Tract: 302 Tract: 303.01 Tract: 303.02 Newton County Tract: 1001 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1051 1052 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1065 1066 1067 1068 1069 1070 1071 1072 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2105 2998 2999 Tract: 1002 Tract: 1003 Tract: 1004 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 852 FRIDAY, FEBRUARY 20, 2004 847 BG: 2 BG: 3 Tract: 1005 BG: 1 1000 1001 1002 1003 1004 1005 1006 1026 1027 1028 1029 1031 1032 1033 1034 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1087 1088 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1999 Tract: 1006 Tract: 1007 Tract: 1008 Tract: 1009 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2998 2999 Putnam County District 026 Bibb County Tract: 101 Tract: 102 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3015 3016 3017 3018 Tract: 103 Tract: 104 Tract: 105 Tract: 106 Tract: 107 Tract: 108 Tract: 110 Tract: 111 Tract: 112 Tract: 113 Tract: 114 Tract: 115 Tract: 117.01 Tract: 117.02 Tract: 118 853 848 JOURNAL OF THE SENATE BG: 2 BG: 3 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 BG: 4 4003 4004 4005 4007 4008 4009 4010 4011 4012 4013 4014 Tract: 119 Tract: 120 BG: 1 BG: 2 BG: 4 4014 4018 4019 Tract: 121 BG: 3 3000 3001 3002 3003 3004 3005 BG: 4 4000 Tract: 122 BG: 1 1002 1008 1009 1010 1011 1012 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2998 2999 Tract: 123 BG: 1 BG: 2 BG: 3 3000 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 Tract: 124 Tract: 125 Tract: 126 Tract: 127 Tract: 128 Tract: 129 Tract: 130 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 854 FRIDAY, FEBRUARY 20, 2004 849 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2215 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2992 2993 2994 2995 2996 2997 2998 2999 Tract: 131.01 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5032 5033 5034 5036 5038 5039 5040 5041 5042 5043 5044 5045 Tract: 131.02 Tract: 132.01 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1999 BG: 2 BG: 3 BG: 4 Tract: 132.02 Tract: 133.01 Tract: 133.02 Tract: 134.01 BG: 1 855 850 JOURNAL OF THE SENATE 1036 Tract: 134.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 2013 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3012 3013 3014 3015 3016 3026 BG: 6 6000 6001 Tract: 136.01 BG: 2 2000 2002 2003 2004 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4014 4015 4016 4017 4035 4036 4037 4038 4039 4040 Tract: 136.02 BG: 1 BG: 2 BG: 3 3002 3004 BG: 5 5000 5001 5002 5003 Houston County Tract: 201.01 BG: 1 1030 1032 1033 Tract: 201.02 BG: 2 2000 2001 2002 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2998 2999 BG: 3 BG: 4 Tract: 202 BG: 1 1000 Tract: 203 BG: 1 BG: 2 BG: 3 856 FRIDAY, FEBRUARY 20, 2004 851 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 BG: 5 Tract: 204 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 2013 2014 2015 2016 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4024 4025 4026 4027 Tract: 206 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1996 1997 1998 1999 Jones County Tract: 301.02 BG: 3 3019 3020 BG: 9 9013 9014 9015 9016 9017 9018 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9032 9033 9034 9035 9036 9037 9038 9039 9040 9041 9042 Twiggs County Wilkinson County Tract: 9602 BG: 1 1035 1036 1037 1038 1039 1040 1046 1047 1048 1049 1050 1051 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1986 1987 1988 1989 BG: 2 BG: 3 Tract: 9603 BG: 2 857 852 JOURNAL OF THE SENATE 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2998 BG: 3 BG: 4 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4997 4998 Tract: 9604 BG: 1 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1039 1040 1041 1042 1043 1044 1045 1046 1050 1051 1068 1069 1999 BG: 2 2002 BG: 3 District 027 Cherokee County Tract: 905.01 Tract: 905.02 Tract: 906.01 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3089 3090 3091 3092 3093 Tract: 906.02 BG: 1 BG: 2 BG: 5 5000 5002 5003 5004 5005 5006 5008 5012 5018 5019 5022 5023 5024 Tract: 908.01 BG: 4 4000 4001 4002 4003 4004 4005 4006 4009 4012 4013 4998 4999 BG: 5 858 FRIDAY, FEBRUARY 20, 2004 853 BG: 6 6000 6001 6002 6003 6004 6005 6009 6010 6011 6012 6013 6014 BG: 7 7000 Tract: 908.02 Tract: 909.01 BG: 1 1000 1001 1002 1003 BG: 2 Forsyth County Tract: 1303 BG: 1 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1048 1049 1050 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1999 BG: 2 2028 2029 2030 2031 2032 2050 2051 2052 2053 2054 2055 2056 2063 2064 2065 2066 2067 2071 2072 2073 2074 2075 2076 Tract: 1306 BG: 1 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1079 1117 1118 1119 1120 BG: 2 2069 2071 2072 2073 2074 2075 Fulton County Tract: 101.06 BG: 1 1000 1001 1002 1003 1005 1006 1007 1008 1998 1999 BG: 2 Tract: 101.07 BG: 1 1000 1001 1002 1003 1004 1005 1007 1008 1009 1010 1011 1999 BG: 2 Tract: 101.08 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2014 2015 859 854 JOURNAL OF THE SENATE 2997 2998 2999 Tract: 114.10 Tract: 114.11 BG: 1 1995 1996 Tract: 114.12 BG: 3 3000 3017 3018 3019 3020 Tract: 114.13 BG: 2 2000 2001 2002 2023 2024 2025 2026 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5011 5013 BG: 8 Tract: 114.14 Tract: 114.15 Tract: 116.06 BG: 3 3004 3005 3006 3007 3008 3009 3010 BG: 4 BG: 9 9000 9001 9002 9003 9004 9005 9006 9011 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9032 9033 9034 9035 9036 9037 9038 9039 9040 9041 9042 9043 9044 9045 9046 9047 9048 9049 9050 9051 9052 9053 9054 9055 9056 9057 9058 9059 9060 9061 9062 9063 9064 9065 9066 9067 9068 9069 9070 Tract: 116.07 BG: 5 5009 5010 5011 5012 5015 5016 5017 5018 5019 5020 5021 BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7014 7016 7017 7018 7019 7020 7021 7022 7023 7024 7025 7026 7027 7029 7033 7039 7040 7041 7042 7043 7045 7051 7052 Tract: 116.08 Tract: 116.09 District 028 Coweta County 860 FRIDAY, FEBRUARY 20, 2004 855 Fayette County Tract: 1402.03 BG: 1 1021 1022 1023 1024 1025 1026 1027 1028 1033 1034 1035 1036 1037 1038 1039 BG: 2 2010 2011 2012 2026 2027 2028 2029 Tract: 1402.05 Tract: 1402.06 BG: 1 1007 1008 1009 1010 1011 1012 1013 1018 1019 1020 1024 1025 1026 1027 1028 1029 1030 1999 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2998 2999 Tract: 1403.03 Tract: 1403.04 Tract: 1403.05 Tract: 1403.06 Tract: 1403.07 Tract: 1404.04 BG: 2 2030 2031 Tract: 1404.05 BG: 1 1000 1001 1002 1006 1007 1008 1010 1011 1012 1013 1999 BG: 2 2007 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Tract: 1404.08 BG: 1 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Tract: 1405.01 Tract: 1405.02 Heard County Tract: 9701 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 861 856 JOURNAL OF THE SENATE 1048 1049 1050 1051 1056 1057 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1094 1095 1096 1993 1994 1995 1996 1997 1998 1999 Tract: 9702 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1027 1028 1991 1992 1993 1994 1995 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2050 2051 2052 2053 2054 BG: 3 Tract: 9703 BG: 1 1000 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1066 1067 1068 District 029 Butts County Harris County Tract: 9801.98 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 862 FRIDAY, FEBRUARY 20, 2004 857 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2098 2099 2100 2101 2102 2103 2104 2105 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2130 2131 2132 2133 2134 2135 2137 2138 2139 2140 2141 2991 2994 2996 2997 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3063 3064 3065 3066 3997 3998 3999 BG: 4 Tract: 9803 BG: 2 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 2028 2030 2031 Heard County Tract: 9701 BG: 1 1052 1053 1054 1055 1058 1089 1090 1091 1092 1093 1992 BG: 2 Tract: 9702 BG: 1 1023 1024 1025 1026 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1996 1997 1998 BG: 2 2049 Tract: 9703 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1069 1070 1071 1072 1073 1998 1999 BG: 2 Meriwether County Tract: 9701 Tract: 9702 Tract: 9703 863 858 JOURNAL OF THE SENATE Tract: 9704 Tract: 9705 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1022 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2045 2053 2054 2055 2056 2079 2080 2081 2996 2997 2998 Tract: 9706 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1999 BG: 2 2027 2028 2029 2030 2031 2032 2033 2089 2090 2091 2092 BG: 3 Pike County Tract: 9801 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2999 BG: 3 Tract: 9802 Tract: 9803 BG: 1 Tract: 9804 BG: 2 2000 2001 2006 Spalding County Tract: 1601 BG: 1 1090 Tract: 1602 Tract: 1603 864 FRIDAY, FEBRUARY 20, 2004 859 BG: 1 1006 1007 1008 1009 1010 1999 BG: 2 Tract: 1604 Tract: 1605 BG: 1 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 BG: 2 2010 2011 2013 2014 2020 2021 2022 2026 2027 2028 2029 2030 2031 2036 2037 2039 2040 2041 2042 2044 2045 2046 2050 2051 2052 2053 2054 2055 2056 2057 2058 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2073 2074 2075 2996 2997 2999 Tract: 1607 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5010 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5086 5087 5088 Tract: 1608 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2068 BG: 3 Tract: 1609 BG: 1 1007 1008 1010 1011 1012 1013 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3071 3072 3073 3074 Tract: 1610 BG: 1 Tract: 1612 865 860 JOURNAL OF THE SENATE BG: 1 1027 1031 1032 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2016 2017 2018 2019 2020 2021 2022 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 BG: 3 3001 3002 3003 3004 3005 3006 3007 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 Troup County District 030 Carroll County Tract: 9901.01 Tract: 9901.02 Tract: 9902 Tract: 9903 BG: 3 3044 3045 3052 3053 3055 3056 3061 3062 3063 3064 3065 3066 3067 3068 3069 3071 3072 3073 3074 3075 3076 3077 Tract: 9904 BG: 3 3006 3007 3009 3010 3011 3014 3015 3016 3017 3018 3020 3021 3022 3023 3024 3025 3026 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3999 Tract: 9905.01 BG: 2 2016 2017 BG: 3 3002 3003 3005 3006 3007 3008 3009 3012 Tract: 9906 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1020 1039 1040 1050 1052 866 FRIDAY, FEBRUARY 20, 2004 861 BG: 2 2000 2009 2010 2011 2012 2013 2014 2015 2016 2020 2021 2022 2023 2024 2025 2026 BG: 3 Tract: 9907.01 BG: 1 1000 1001 1002 1003 1004 1005 1008 1009 1010 1012 1023 1024 1026 1028 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3033 3050 3051 3052 3053 3996 3997 3998 3999 Tract: 9907.02 Tract: 9907.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1045 1046 1056 1057 1058 1999 BG: 2 Tract: 9908 Tract: 9909 Tract: 9910 BG: 1 1007 BG: 2 2000 2001 2002 2003 2004 2005 2006 2056 2057 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2997 BG: 3 3025 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 Tract: 9911 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1013 1014 1015 1016 1017 1018 1019 1020 1023 BG: 2 2055 BG: 3 3012 3013 3014 3016 3017 867 862 JOURNAL OF THE SENATE BG: 4 BG: 5 Tract: 9912 BG: 1 1000 1001 1002 1003 1004 1005 1006 1020 1021 1022 1023 1029 1034 1035 Cobb County Tract: 315.01 BG: 5 5015 Douglas County Tract: 801.01 BG: 2 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2029 2030 2031 2032 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 BG: 3 3012 3013 3014 3015 3016 3017 3018 3019 3020 Tract: 802.01 Tract: 802.02 BG: 3 Tract: 803.01 BG: 1 1000 1001 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 Tract: 803.02 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 Tract: 804.01 Tract: 804.02 Tract: 805.03 BG: 1 BG: 2 BG: 4 BG: 5 BG: 6 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6028 Tract: 805.04 868 FRIDAY, FEBRUARY 20, 2004 863 Tract: 805.05 Tract: 805.06 Tract: 805.07 Paulding County Tract: 1202.01 BG: 1 1025 1026 1027 1028 1029 1030 BG: 2 2000 2001 2002 2003 2009 Tract: 1202.02 Tract: 1203 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4048 4049 Tract: 1204 BG: 3 3000 3001 3002 3003 3004 3005 3016 3017 3018 3019 3020 3021 3022 3023 Tract: 1205 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2083 2084 2085 2086 BG: 3 BG: 4 BG: 5 5000 5001 5012 5013 5014 5015 5016 5017 5018 Tract: 1206 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3021 3022 3023 3024 3025 3026 3027 3028 3034 3036 3998 3999 BG: 4 869 864 BG: 5 JOURNAL OF THE SENATE District 031 Bartow County Tract: 9601 BG: 3 3079 3080 3081 3083 3084 3085 Tract: 9604 BG: 1 1000 1001 1002 1003 1010 1011 1013 1014 1015 1016 1017 1018 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1059 1060 1061 1062 BG: 2 2006 2009 2010 2011 2020 2021 2023 2024 2025 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2056 2057 2058 2059 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2999 BG: 5 5010 5012 5013 5014 5015 5017 5018 5019 5020 5021 5022 5023 5027 5028 5029 5030 5031 5032 5033 5034 Tract: 9605 BG: 1 BG: 2 BG: 3 3000 3001 3022 3023 3024 3025 3026 3027 3028 3029 3030 BG: 4 4014 4015 4016 4017 4018 4019 4020 4022 4023 4024 4025 4026 4027 Tract: 9606 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 870 FRIDAY, FEBRUARY 20, 2004 865 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4030 4031 4032 4033 4034 BG: 5 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6992 6993 6994 6995 6997 6998 6999 Tract: 9607 BG: 1 1023 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1990 1991 1992 1994 1995 1996 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 9608.03 BG: 3 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3069 3070 3071 3998 Tract: 9609 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 1028 1029 1030 1031 1032 1034 1035 1037 BG: 2 2000 2001 2002 2003 2008 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2042 2044 2995 2997 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3994 3995 3996 3997 3999 Tract: 9610 BG: 1 1029 1030 1043 1044 1050 1051 1052 1053 1054 1066 1067 1075 1076 1080 1081 1082 1083 1084 1085 1086 1087 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1992 871 866 JOURNAL OF THE SENATE BG: 2 2005 2006 2007 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2998 2999 Carroll County Tract: 9903 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3046 3047 3048 3049 3050 3051 3054 3057 3058 3059 3060 3070 3078 3079 3998 3999 Tract: 9904 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3008 3012 3013 3019 3027 3998 Tract: 9905.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 BG: 3 3000 3001 3004 3010 3011 Tract: 9905.02 Tract: 9906 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1041 1042 1043 1044 1045 1046 1047 1048 1049 1051 1998 1999 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2017 2018 2019 Tract: 9907.01 BG: 1 1006 1007 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1025 1027 1029 1030 1031 1997 1998 1999 872 FRIDAY, FEBRUARY 20, 2004 867 BG: 3 3031 3032 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 Tract: 9907.03 BG: 1 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1047 1048 1049 1050 1051 1052 1053 1054 1055 Tract: 9910 BG: 1 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1999 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2058 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3026 3027 3028 3029 3030 3031 3032 3999 Tract: 9911 BG: 1 1010 1011 1012 1021 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2056 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3015 3018 3019 3020 Tract: 9912 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1024 1025 1026 1027 1028 1030 1031 1032 1033 BG: 2 BG: 3 BG: 4 Haralson County 873 868 JOURNAL OF THE SENATE Paulding County Tract: 1201 BG: 1 BG: 2 2004 2005 2006 2007 2008 2014 2015 2016 2017 2018 2019 2999 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4999 Tract: 1203 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1067 1997 1998 BG: 2 BG: 3 BG: 4 4030 4031 4046 4047 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 Tract: 1204 BG: 1 BG: 2 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 BG: 4 Tract: 1205 BG: 2 2077 2078 2079 2080 2081 2082 2087 BG: 5 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 Tract: 1206 BG: 3 3016 3017 3018 3019 3020 3029 3030 3031 3032 3033 3035 Polk County District 032 Cobb County Tract: 303.12 874 FRIDAY, FEBRUARY 20, 2004 869 BG: 1 BG: 2 BG: 4 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 BG: 5 Tract: 303.13 BG: 1 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4011 4012 4013 4014 4015 4016 4017 Tract: 303.14 BG: 1 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 BG: 3 Tract: 303.18 Tract: 303.19 Tract: 303.20 Tract: 303.23 Tract: 303.27 Tract: 303.28 Tract: 303.29 Tract: 303.30 Tract: 303.31 Tract: 303.32 Tract: 303.33 Tract: 303.34 Tract: 303.35 Tract: 303.36 Tract: 303.37 Tract: 303.39 BG: 1 BG: 2 2012 2998 Tract: 304.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 875 870 JOURNAL OF THE SENATE 1025 1026 1027 1028 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2999 Tract: 304.02 BG: 1 1000 1001 1002 1003 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3014 3015 3016 3017 3018 3019 3020 3021 3022 BG: 4 4008 Tract: 304.05 BG: 2 2022 2023 2024 2025 2029 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2045 2046 Tract: 305.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2024 2025 2030 2031 2035 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4079 4080 4082 Tract: 305.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1023 BG: 2 2000 2053 2054 2055 2056 2057 2058 2059 BG: 3 Tract: 305.04 BG: 3 3024 3025 Tract: 312.02 BG: 3 3000 3001 3002 3003 3004 3035 3036 3037 3999 BG: 5 5000 5001 5002 Tract: 312.03 876 FRIDAY, FEBRUARY 20, 2004 871 BG: 1 1000 1001 1002 1008 1036 BG: 2 2000 2001 2002 2003 2004 2005 Tract: 312.04 BG: 2 2000 2001 2002 2003 2004 2005 2006 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2066 2067 2068 2997 2998 2999 Fulton County Tract: 101.01 BG: 1 1010 1011 1012 1013 1014 1015 1031 1032 1033 Tract: 102.04 Tract: 102.05 BG: 4 BG: 5 Tract: 102.06 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4021 4022 4997 4998 4999 BG: 5 BG: 6 Tract: 102.07 BG: 1 BG: 2 BG: 3 3000 3001 3005 3010 3015 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4011 4014 4015 4016 4017 4018 4019 4020 4024 4996 4999 Tract: 102.10 BG: 2 2004 2006 2007 2008 2009 2010 2011 Tract: 98 BG: 1 1003 1004 1006 District 033 Cobb County 877 872 JOURNAL OF THE SENATE Tract: 305.01 BG: 4 4060 4061 4063 4065 4068 4069 4070 4071 4072 4073 4074 4075 Tract: 306 BG: 1 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 2023 2028 2030 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2077 2078 2079 BG: 3 3000 3001 3002 3003 3004 3005 3006 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 BG: 4 4000 4001 4010 4011 4012 4017 4019 4020 4024 4025 4026 4027 BG: 5 5009 5010 5011 5012 5013 5014 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5054 5055 Tract: 307 BG: 1 1006 1007 1008 1009 1010 1011 1012 BG: 4 4017 4018 4019 4020 4023 4024 4025 4026 4027 Tract: 308 BG: 3 3020 3021 3022 3032 3033 3034 3035 3036 Tract: 309.01 BG: 2 2008 2009 2010 2011 2016 2023 2024 2025 2027 2028 2999 BG: 3 BG: 4 4006 4007 Tract: 309.02 BG: 1 1009 1010 1011 1012 1019 1020 1021 1022 1023 1024 BG: 2 878 FRIDAY, FEBRUARY 20, 2004 873 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2023 2024 2025 2026 2027 2028 2029 BG: 3 BG: 4 4001 4002 4003 4004 4005 4010 4011 4012 4013 4014 Tract: 309.04 Tract: 309.05 Tract: 310.02 Tract: 310.04 Tract: 310.05 Tract: 311.05 BG: 1 1003 1012 1013 1014 1015 1020 1021 1022 1027 1028 1031 1032 1033 1034 1041 1042 1046 1056 1057 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2037 2038 2039 2044 2045 2046 Tract: 311.06 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4999 BG: 5 Tract: 313.02 BG: 1 BG: 2 BG: 3 BG: 4 4012 BG: 9 Tract: 313.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1020 1021 1022 1023 1024 1025 1026 BG: 2 Tract: 313.07 BG: 1 1005 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 Tract: 313.08 Tract: 313.09 879 874 JOURNAL OF THE SENATE BG: 1 BG: 2 BG: 3 3000 3001 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3030 3031 Tract: 314.04 Tract: 314.05 Tract: 314.06 Tract: 314.07 Tract: 315.01 BG: 1 1010 1011 1012 1017 BG: 2 2012 2015 2017 2022 2023 2024 2029 2030 2031 2032 2033 2034 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5016 5017 5999 BG: 6 BG: 7 Tract: 315.03 Tract: 315.04 Tract: 315.05 BG: 1 1000 1001 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 BG: 2 BG: 3 Douglas County Tract: 801.01 BG: 1 BG: 2 2000 2001 2002 2003 2006 2022 2023 2024 2025 2026 2027 2028 2033 2034 2053 2054 2055 2056 2057 2058 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 District 034 880 FRIDAY, FEBRUARY 20, 2004 875 Clayton County Tract: 401 Tract: 402.01 Tract: 402.02 BG: 1 BG: 9 9000 9005 9006 9007 9008 9032 9033 9035 9036 9997 9998 Tract: 404.05 BG: 1 1017 1018 BG: 2 BG: 3 3000 3001 3002 3003 3004 3007 3008 3009 3010 3011 3012 3013 3014 3015 Tract: 404.06 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 BG: 9 9007 Tract: 405.03 Tract: 405.06 Tract: 405.09 Tract: 405.10 Tract: 405.11 Tract: 405.12 Tract: 405.13 Tract: 405.14 Tract: 405.15 Tract: 405.16 Tract: 405.17 Tract: 405.18 Tract: 406.07 BG: 1 1001 1002 1003 1018 1019 1020 1021 1022 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 BG: 3 3010 3011 3012 3013 3022 3023 3024 3025 3026 3027 3028 Tract: 406.12 881 876 JOURNAL OF THE SENATE BG: 3 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 Fayette County Tract: 1401.01 Tract: 1401.02 Tract: 1402.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1029 1030 1031 1032 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2030 2031 Tract: 1402.04 Tract: 1402.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1014 1015 1016 1017 1021 1022 1023 BG: 2 2000 2001 Tract: 1404.03 Tract: 1404.04 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2997 2998 2999 Tract: 1404.05 BG: 1 1003 1004 1005 1009 BG: 2 2000 2001 2002 2003 2004 2005 2006 2008 Tract: 1404.06 Tract: 1404.07 Tract: 1404.08 BG: 2 2000 2001 2002 2003 2004 882 FRIDAY, FEBRUARY 20, 2004 877 District 035 Douglas County Tract: 801.01 BG: 4 Tract: 802.02 BG: 5 BG: 6 Tract: 803.01 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1999 BG: 2 Tract: 803.02 BG: 3 BG: 5 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 BG: 6 Tract: 805.03 BG: 6 6000 6001 6002 6003 6026 6027 Tract: 806.01 Tract: 806.02 Fulton County Tract: 103.01 Tract: 103.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1034 1035 1036 1037 1038 1039 1040 1041 1042 1996 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2040 2044 2045 2046 2047 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2997 Tract: 103.04 BG: 4 883 878 JOURNAL OF THE SENATE BG: 5 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 Tract: 104 Tract: 105.07 Tract: 105.08 Tract: 105.09 Tract: 105.10 Tract: 105.11 Tract: 105.12 Tract: 105.13 Tract: 105.14 Tract: 106.01 Tract: 106.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2014 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2999 Tract: 106.04 Tract: 107 Tract: 108 Tract: 109 Tract: 110 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 BG: 2 BG: 3 BG: 5 Tract: 111 BG: 3 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3033 3034 3035 3036 3037 3038 3039 3040 3041 Tract: 112.02 BG: 1 884 FRIDAY, FEBRUARY 20, 2004 879 1009 1010 1016 1017 1028 1029 1038 BG: 4 4008 4009 Tract: 113.03 BG: 3 3011 3012 Tract: 113.04 BG: 1 1005 1006 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1999 Tract: 72 BG: 3 Tract: 73 BG: 2 2017 Tract: 77.02 BG: 3 3020 BG: 4 4008 4011 4012 4013 4014 4997 Tract: 78.02 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 BG: 2 Tract: 78.05 BG: 2 2031 2032 2033 2035 2036 2037 2038 2039 2040 Tract: 78.06 BG: 2 2013 2014 District 036 DeKalb County Tract: 202 Tract: 203 Tract: 204 885 880 JOURNAL OF THE SENATE Tract: 205 Tract: 206 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1019 BG: 2 Tract: 207 BG: 2 2004 Tract: 209 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2010 2011 BG: 3 3001 3002 3003 3004 3005 3006 Tract: 224.01 BG: 2 2007 Tract: 224.03 BG: 3 3015 Fulton County Tract: 1 Tract: 11 BG: 1 1016 Tract: 110 BG: 1 1010 Tract: 111 BG: 1 1005 1021 1022 Tract: 112.01 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2020 2021 2022 Tract: 13 Tract: 14 Tract: 15 Tract: 16 Tract: 17 Tract: 18 886 FRIDAY, FEBRUARY 20, 2004 881 Tract: 19 Tract: 2 BG: 1 1000 1001 1002 1003 1010 1011 1012 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 21 Tract: 22 BG: 1 1000 1001 1008 1009 1010 1011 1012 1013 1014 BG: 2 2000 2001 2002 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Tract: 26 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1048 1049 1050 1051 Tract: 27 Tract: 28 Tract: 29 Tract: 30 Tract: 31 Tract: 32 Tract: 33 Tract: 35 Tract: 4 BG: 1 1000 1001 Tract: 44 Tract: 46 Tract: 48 Tract: 49 Tract: 5 BG: 2 2000 2001 Tract: 50 Tract: 52 Tract: 53 887 882 JOURNAL OF THE SENATE Tract: 55.01 Tract: 55.02 Tract: 56 Tract: 57 Tract: 58 Tract: 63 Tract: 64 Tract: 65 Tract: 67 Tract: 68.01 Tract: 68.02 Tract: 69 Tract: 70.01 Tract: 70.02 Tract: 71 Tract: 72 BG: 1 Tract: 73 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 BG: 3 Tract: 74 BG: 1 BG: 2 2000 2001 2002 2004 2005 2006 2007 2008 2009 2010 Tract: 75 BG: 1 BG: 2 2000 2001 2002 2003 2006 2007 2008 2009 2010 2013 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 BG: 5 Tract: 92 BG: 1 BG: 2 District 037 Bartow County Tract: 9601 BG: 1 888 FRIDAY, FEBRUARY 20, 2004 883 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3082 3086 3087 3088 3089 3090 3091 3092 3093 3094 3998 3999 Tract: 9602 BG: 1 1000 1001 1002 1003 1004 1005 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 Tract: 9604 BG: 1 1004 1005 1006 1007 1008 1009 1012 1020 1058 BG: 2 2000 2001 2002 2003 2004 2005 2007 2008 2012 2013 2014 2015 2016 2022 2055 2060 2061 2062 Tract: 9606 BG: 6 6996 Tract: 9607 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1050 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1993 1997 1998 1999 Tract: 9608.01 Tract: 9608.02 Tract: 9608.03 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 889 884 JOURNAL OF THE SENATE 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3072 3997 3999 Cobb County Tract: 301.01 BG: 1 BG: 2 BG: 3 BG: 4 4000 4002 4005 4006 4007 4008 4009 4010 4011 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4999 Tract: 301.02 BG: 1 1031 1032 1033 1034 1035 1063 1064 1066 1067 1068 BG: 2 2031 2037 2047 2048 2049 2052 Tract: 301.03 BG: 1 1000 1001 1002 1003 1009 1010 1011 1012 1013 1014 1015 1016 1017 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1999 BG: 2 BG: 3 Tract: 302.05 BG: 1 1003 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1043 1048 1049 1050 1051 1074 1075 1076 1077 1078 1079 1082 1083 1086 1087 1088 1089 Tract: 302.08 Tract: 302.09 Tract: 302.10 Tract: 302.11 BG: 1 1005 1007 1008 1009 1013 1014 1016 1017 1018 1023 1024 1025 1026 1027 1028 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 890 FRIDAY, FEBRUARY 20, 2004 885 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 BG: 2 BG: 3 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3045 3057 3059 3060 3061 3062 3063 3064 Tract: 302.13 Tract: 302.14 Tract: 302.15 Tract: 302.16 Tract: 302.17 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1034 1049 1051 1052 1053 1054 1055 1056 1057 1058 1059 1061 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1995 1996 1997 1998 1999 BG: 2 BG: 3 Tract: 306 BG: 2 2018 2020 2021 2022 2024 2025 2026 2027 2029 2031 BG: 3 3007 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4013 4014 4015 4016 4018 4021 4022 4023 4028 Tract: 309.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2012 2013 2014 2015 2017 2018 2019 2020 2021 2022 2026 2029 2030 2031 2998 BG: 4 4000 4001 4002 4003 4004 4005 4008 4009 4010 4011 4012 4013 4014 4015 Tract: 309.02 BG: 4 4006 4007 4008 4009 891 886 JOURNAL OF THE SENATE Tract: 315.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1013 1014 1015 1016 1018 1019 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2016 2018 2019 2020 2021 2025 2026 2027 2028 2999 Tract: 315.05 BG: 1 1002 1003 1004 1005 1006 1024 1025 Paulding County Tract: 1201 BG: 2 2000 2001 2002 2003 2009 2010 2011 2012 2013 BG: 3 BG: 4 4000 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4089 4090 Tract: 1202.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 BG: 2 2004 2005 2006 2007 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2998 2999 Tract: 1203 BG: 1 1000 1058 1059 1060 1061 1062 1063 1064 1065 1066 1999 District 038 Cobb County Tract: 313.09 BG: 3 3002 3003 3004 3027 3028 3029 Tract: 313.10 Tract: 313.11 892 FRIDAY, FEBRUARY 20, 2004 887 Fulton County Tract: 100 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3023 3998 3999 Tract: 101.01 BG: 1 1035 1036 Tract: 102.06 BG: 4 4018 4019 4020 4023 Tract: 102.07 BG: 3 3002 3003 3004 3006 3007 3008 3009 3011 3012 3013 3014 BG: 4 4010 4012 4013 4021 4022 4023 4025 4026 4997 4998 Tract: 103.03 BG: 1 1028 1029 1030 1031 1032 1033 BG: 2 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2041 2042 2043 2048 2049 2995 2996 2998 2999 Tract: 103.04 BG: 5 5000 5001 5002 Tract: 40 BG: 1 1007 1008 1011 1012 1013 1014 BG: 2 2006 2007 Tract: 77.01 Tract: 77.02 BG: 2 2001 2002 2018 2019 2020 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4009 4010 4015 4998 893 888 JOURNAL OF THE SENATE 4999 Tract: 78.02 BG: 1 1000 1001 1002 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 BG: 3 Tract: 78.05 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2034 2999 Tract: 78.06 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2999 Tract: 78.07 Tract: 78.08 Tract: 79 Tract: 80 BG: 4 BG: 6 Tract: 81.01 Tract: 81.02 Tract: 82.01 Tract: 82.02 Tract: 83.01 Tract: 83.02 Tract: 84 BG: 2 BG: 5 Tract: 85 BG: 2 2006 2007 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3017 3018 BG: 4 Tract: 86.01 Tract: 86.02 Tract: 87.01 894 FRIDAY, FEBRUARY 20, 2004 889 Tract: 87.02 Tract: 88 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1049 1999 BG: 3 Tract: 89.01 Tract: 89.02 BG: 1 1033 1034 1035 1036 1037 1038 BG: 3 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 Tract: 90 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3017 Tract: 91 BG: 2 2003 2004 2005 2006 2007 2008 2009 BG: 4 Tract: 95 Tract: 96 BG: 2 2001 2008 2009 2010 2011 2012 2013 2014 2015 2016 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 BG: 5 5001 5002 5003 BG: 8 Tract: 97 Tract: 98 BG: 1 1000 1001 1002 1005 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1995 1996 1997 1998 1999 895 890 BG: 2 BG: 3 BG: 4 Tract: 99 JOURNAL OF THE SENATE District 039 Fulton County Tract: 10 Tract: 100 BG: 2 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2026 2027 BG: 3 3022 3025 Tract: 106.03 BG: 1 1016 1017 1018 1997 BG: 2 2012 2013 2015 2016 Tract: 11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 Tract: 111 BG: 1 1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1023 1024 1025 1026 1027 1028 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3025 3026 3027 3028 3029 3030 3031 3032 Tract: 112.01 BG: 1 BG: 2 2013 2014 2015 2016 2017 2018 2019 2023 2024 BG: 4 Tract: 112.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1011 1012 1013 1014 1015 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1030 1031 1032 1033 1034 1035 1036 1037 1039 1040 896 FRIDAY, FEBRUARY 20, 2004 891 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4010 4011 4012 4013 4014 4015 BG: 5 BG: 6 BG: 7 BG: 8 Tract: 113.01 Tract: 113.03 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3013 3014 3015 3016 3017 3018 3019 BG: 4 Tract: 113.04 BG: 1 1000 1001 1002 1003 1004 1007 1008 1009 1010 Tract: 12 Tract: 2 BG: 1 1004 1005 1006 1007 1008 1009 Tract: 22 BG: 1 1002 1003 1004 1005 1006 1007 1015 1016 1017 1018 1019 1020 1021 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2026 2027 2028 2029 2030 2031 Tract: 23 Tract: 24 Tract: 25 Tract: 26 BG: 1 1046 1047 1052 1053 1054 1055 Tract: 36 Tract: 37 Tract: 38 Tract: 39 Tract: 4 BG: 1 1002 1003 1004 1005 1006 1007 BG: 2 897 892 JOURNAL OF THE SENATE Tract: 40 BG: 1 1000 1001 1002 1003 1004 1005 1006 1009 1010 1015 1016 1017 1018 1019 1020 1021 1022 1023 BG: 2 2000 2001 2002 2003 2004 2005 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 BG: 3 Tract: 41 Tract: 42 Tract: 43 Tract: 5 BG: 1 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Tract: 6 Tract: 60 Tract: 61 Tract: 62 Tract: 66.01 Tract: 66.02 Tract: 7 Tract: 74 BG: 2 2003 Tract: 75 BG: 2 2004 2005 2011 2012 BG: 3 3012 Tract: 76.01 Tract: 76.02 Tract: 77.02 BG: 1 BG: 2 2000 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2021 2999 Tract: 8 Tract: 80 BG: 1 BG: 2 BG: 3 898 FRIDAY, FEBRUARY 20, 2004 893 Tract: 84 BG: 1 Tract: 85 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 BG: 3 3015 3016 3019 3020 3021 3022 3023 3024 3025 Tract: 88 BG: 1 1048 1050 Tract: 89.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1039 BG: 4 4000 4018 4019 4020 4021 Tract: 90 BG: 3 3016 Tract: 91 BG: 1 BG: 2 2000 2001 2002 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Tract: 92 BG: 3 Tract: 93 Tract: 94.01 Tract: 94.02 Tract: 96 BG: 1 BG: 2 2000 2002 2003 2004 2005 2006 2007 2017 2018 2019 2020 2021 2022 2023 BG: 4 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 BG: 5 5000 5004 5005 5006 5007 899 894 JOURNAL OF THE SENATE District 040 DeKalb County Tract: 206 BG: 1 1000 1017 Tract: 207 BG: 1 BG: 2 2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Tract: 208.01 Tract: 208.02 Tract: 212.02 BG: 1 1000 Tract: 212.10 BG: 3 3000 3001 3008 3009 3010 3011 3012 3013 Tract: 212.11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1025 1026 1027 1028 1029 1038 1999 Tract: 212.12 BG: 2 2019 2020 2021 2022 2031 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 Tract: 212.13 BG: 1 Tract: 212.14 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1009 1010 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 Tract: 213.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 Tract: 213.02 BG: 1 1000 1001 1002 1003 1004 1005 1024 1025 1026 1027 1028 1029 1032 1033 1034 1035 1036 1037 900 FRIDAY, FEBRUARY 20, 2004 895 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2015 2016 2017 2018 2019 2020 2021 BG: 3 3015 3016 Tract: 213.03 Tract: 213.04 Tract: 214.04 BG: 2 2012 Tract: 215.01 BG: 4 4002 4003 Tract: 216.01 BG: 1 1015 1016 1018 1019 1020 1021 BG: 2 BG: 3 BG: 4 Tract: 216.02 Tract: 217.03 Tract: 217.04 BG: 3 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 Tract: 217.05 Tract: 217.06 Tract: 218.08 Tract: 218.09 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3024 3999 Tract: 218.10 BG: 1 BG: 2 BG: 4 Tract: 218.11 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2014 Tract: 218.12 Tract: 221 BG: 1 1003 901 896 JOURNAL OF THE SENATE BG: 2 2038 Tract: 222 BG: 3 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4035 Tract: 223.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4013 Tract: 223.02 BG: 1 BG: 2 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 Tract: 225 BG: 1 1003 Tract: 226 BG: 3 3013 Tract: 227 BG: 3 3025 Tract: 229 Tract: 230 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1044 1045 Tract: 231.01 Tract: 235.01 Tract: 235.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 BG: 2 902 FRIDAY, FEBRUARY 20, 2004 897 2000 2001 2002 2003 2004 2005 2006 2009 2010 Tract: 235.06 BG: 2 2003 2004 2005 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 3 3005 3006 3007 3008 3009 3010 3011 3020 3021 Tract: 236.01 BG: 3 3001 3002 3003 3007 3010 3011 3012 3013 BG: 4 Tract: 236.02 BG: 2 2000 2001 2002 2003 2004 2005 2006 2010 2011 2012 Fulton County Tract: 101.06 BG: 1 1004 1009 1010 1011 1995 BG: 3 Tract: 101.07 BG: 1 1006 Tract: 101.08 BG: 1 BG: 2 2010 2011 2012 2013 2016 2017 2018 2019 2020 Tract: 101.09 BG: 8 8000 8001 8002 8003 Tract: 101.11 Tract: 101.12 Tract: 114.04 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 Tract: 114.05 BG: 1 1000 1028 1029 1999 BG: 7 7000 Tract: 114.11 BG: 1 1014 1997 903 898 BG: 6 6005 6006 6010 Gwinnett County Tract: 503.15 BG: 5 BG: 8 JOURNAL OF THE SENATE District 041 DeKalb County Tract: 217.04 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3023 3024 3025 BG: 9 Tract: 218.05 Tract: 218.06 Tract: 218.09 BG: 1 BG: 2 BG: 3 3022 3023 BG: 4 Tract: 218.10 BG: 3 Tract: 219.02 Tract: 219.04 Tract: 219.06 Tract: 219.07 Tract: 219.08 Tract: 219.09 BG: 1 1000 1001 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1999 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3999 Tract: 220.01 Tract: 220.04 904 FRIDAY, FEBRUARY 20, 2004 899 BG: 1 BG: 2 2000 2001 Tract: 220.06 BG: 1 1000 1001 1002 1003 1004 1005 BG: 2 2000 2001 2002 2003 2004 2005 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3013 3014 3015 3016 3017 3020 3023 3024 3025 3028 3999 Tract: 220.07 BG: 1 1006 1007 BG: 2 2016 2017 Tract: 220.08 BG: 1 1014 Tract: 221 BG: 1 1000 1001 1002 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2039 2040 2041 2042 2043 2044 2045 Tract: 222 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 BG: 4 4021 Tract: 223.02 BG: 3 3002 Tract: 230 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 905 900 JOURNAL OF THE SENATE 1041 1042 1043 Tract: 231.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1019 1020 1024 1025 Tract: 231.05 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2017 2018 2019 2020 2021 Tract: 231.06 BG: 4 Gwinnett County Tract: 504.03 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 BG: 3 BG: 4 BG: 9 Tract: 504.10 BG: 1 1000 1001 1002 1003 1004 1005 1006 BG: 4 4000 4004 4005 4006 4007 4008 4009 BG: 5 Tract: 504.11 BG: 1 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4012 4013 4014 4015 4016 4017 BG: 5 BG: 6 Tract: 504.15 BG: 1 1003 BG: 2 2009 BG: 3 BG: 6 Tract: 504.22 BG: 5 5000 5002 5003 5004 5005 5006 5007 5008 906 FRIDAY, FEBRUARY 20, 2004 901 Tract: 504.23 BG: 1 Tract: 504.25 Tract: 504.26 Tract: 504.28 BG: 5 BG: 7 Tract: 504.29 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 BG: 4 Tract: 504.30 Tract: 507.16 BG: 3 3002 3003 3004 3005 3006 Tract: 507.17 BG: 1 1000 1001 1002 1003 1004 1999 District 042 DeKalb County Tract: 201 Tract: 211 Tract: 212.02 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 BG: 2 BG: 3 Tract: 212.04 Tract: 212.07 Tract: 212.08 Tract: 212.09 Tract: 212.10 BG: 3 3002 3003 3004 3005 3006 3007 3014 3015 3016 3017 3018 3019 3020 3021 BG: 4 Tract: 212.11 BG: 1 1024 1030 1031 1032 1033 1034 1035 1036 1037 1997 1998 Tract: 212.12 907 902 JOURNAL OF THE SENATE BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2023 2024 2025 2026 2027 2028 2029 2030 2032 2044 2045 2046 Tract: 212.13 BG: 2 Tract: 212.14 BG: 1 1008 BG: 3 3006 3007 3008 3009 3010 Tract: 213.01 BG: 1 1007 1012 1013 1014 1015 1028 Tract: 213.02 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1030 1031 BG: 2 2014 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3017 3018 3019 3020 3021 3022 BG: 4 Tract: 214.01 Tract: 214.03 Tract: 214.04 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Tract: 214.05 Tract: 214.06 Tract: 215.01 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4004 4005 Tract: 215.02 Tract: 216.01 BG: 1 908 FRIDAY, FEBRUARY 20, 2004 903 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1999 Tract: 216.03 Tract: 222 BG: 4 4034 4036 Tract: 223.01 BG: 1 1025 BG: 4 4011 4012 Tract: 224.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2008 BG: 3 BG: 4 Tract: 224.02 Tract: 224.03 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3016 3017 3018 3019 3020 Tract: 225 BG: 1 1000 1001 1002 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 BG: 2 BG: 3 BG: 4 Tract: 226 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 BG: 4 Tract: 227 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 909 904 JOURNAL OF THE SENATE 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3026 3027 3028 3029 BG: 4 Tract: 228 District 043 DeKalb County Tract: 231.08 BG: 1 1000 1001 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 Tract: 232.03 Tract: 232.06 BG: 4 4009 4010 4011 4012 Tract: 232.10 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 Tract: 232.11 BG: 1 1000 1001 1002 1003 1004 1005 1006 BG: 2 Tract: 232.12 Tract: 233.03 BG: 1 1020 1021 1022 1023 1024 BG: 2 BG: 3 BG: 4 4010 4011 4012 4014 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4999 Tract: 233.06 BG: 2 2009 2010 2015 Tract: 233.07 BG: 1 BG: 2 BG: 5 Tract: 233.09 Tract: 233.10 910 FRIDAY, FEBRUARY 20, 2004 905 Tract: 234.05 BG: 4 4999 Tract: 234.12 BG: 2 2010 2011 Tract: 234.13 BG: 1 1000 1001 1006 1007 1008 1009 1010 1011 1012 1013 BG: 2 Tract: 234.14 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1015 BG: 2 BG: 3 Tract: 234.15 BG: 1 1000 1001 1002 1003 1004 1005 1006 1015 1016 1017 1018 1019 1020 1021 1022 1997 1999 BG: 2 BG: 3 Tract: 234.16 Tract: 234.17 Tract: 234.18 Tract: 235.06 BG: 2 2000 2001 2002 2006 2007 2008 2009 2010 2013 BG: 3 3000 3001 3002 3003 3004 3012 3013 3014 3015 3016 3017 3018 3019 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4013 Tract: 235.07 BG: 1 BG: 2 2002 Rockdale County Tract: 601.01 Tract: 601.02 BG: 3 3028 3029 3031 3035 3036 3037 3038 3039 3040 3049 3050 3051 3052 3996 3997 911 906 JOURNAL OF THE SENATE Tract: 602.01 Tract: 602.02 Tract: 603.04 Tract: 603.05 Tract: 603.06 Tract: 603.07 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3036 3037 3038 3039 3040 Tract: 603.08 Tract: 603.09 Tract: 604.03 Tract: 604.04 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2022 2023 2999 BG: 3 Tract: 604.05 BG: 1 1005 1006 1007 1008 BG: 3 District 044 Clayton County Tract: 402.02 BG: 9 9001 9002 9003 9004 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9034 9999 Tract: 403.01 Tract: 403.02 Tract: 403.03 Tract: 403.04 Tract: 403.05 Tract: 404.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 912 FRIDAY, FEBRUARY 20, 2004 907 1012 1013 1014 1015 1016 1019 BG: 3 3005 3006 Tract: 404.06 BG: 1 BG: 2 2000 2001 2002 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 BG: 9 9000 9001 9002 9003 9004 9005 9006 9008 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 Tract: 404.07 Tract: 404.08 Tract: 404.09 Tract: 404.10 Tract: 404.11 Tract: 404.12 Tract: 404.13 Tract: 406.06 Tract: 406.07 BG: 1 1000 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1023 1024 1025 1998 1999 BG: 2 2000 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3014 3015 3016 3017 3018 3019 3020 3021 Tract: 406.08 Tract: 406.09 Tract: 406.10 Tract: 406.11 Tract: 406.12 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 BG: 4 Tract: 406.13 Tract: 406.14 Henry County 913 908 JOURNAL OF THE SENATE Tract: 701.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1044 1047 1048 1057 1058 1059 1060 1061 1062 1063 1064 1997 1998 1999 Tract: 701.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1138 1139 1143 1144 1145 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2041 2042 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3026 3027 Tract: 701.06 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 BG: 2 2009 2010 2011 2012 2013 2021 2022 2023 2024 2999 Tract: 703.03 BG: 1 1000 District 045 914 FRIDAY, FEBRUARY 20, 2004 909 Barrow County Tract: 1801.01 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1133 1134 1135 1144 1151 1152 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2062 2063 2064 2065 2066 2067 Tract: 1801.02 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 Gwinnett County Tract: 501.03 Tract: 501.04 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 6050 6051 6052 6053 6054 6055 6056 6057 6058 6064 6065 6068 6074 6075 6076 6077 6078 6079 6080 6081 6082 6083 6084 6085 6086 6087 6088 6089 6090 6091 6092 6093 6094 6095 6096 6097 6098 6099 6100 6101 6102 6103 6104 6105 6106 6107 6108 6109 6110 6111 6112 6113 6114 6115 6116 6117 6118 BG: 7 Tract: 501.05 Tract: 501.06 Tract: 502.02 915 910 JOURNAL OF THE SENATE BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1032 1033 1034 1035 1065 1066 1069 1070 1071 1072 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1999 Tract: 505.09 BG: 4 4000 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 Tract: 505.10 BG: 1 1002 1003 1004 1005 1010 1011 Tract: 505.12 BG: 1 1000 1001 1002 1003 1004 1005 1006 1998 1999 Tract: 505.13 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1995 1996 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2999 Tract: 505.14 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 1019 1020 1021 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2047 2050 2051 2057 2058 2999 Tract: 506.02 Tract: 506.03 Tract: 506.04 Tract: 507.04 BG: 1 916 FRIDAY, FEBRUARY 20, 2004 911 BG: 2 2000 2001 2002 2003 2004 2005 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Tract: 507.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1999 BG: 2 Tract: 507.20 BG: 1 1999 Hall County Tract: 15 BG: 3 3017 3018 3019 3020 3021 3022 3024 3025 3026 3027 3028 3994 3995 BG: 4 Tract: 16.01 BG: 1 1000 1001 1002 1033 1034 1035 1036 1040 1041 1042 1043 1044 1045 1046 1047 1048 BG: 2 Tract: 16.02 Tract: 16.03 BG: 1 1009 1010 1011 1012 1013 1014 1015 1022 1023 1024 1025 1031 1032 1033 1034 1035 1036 District 046 Barrow County Tract: 1802.01 BG: 3 3026 3027 3030 3036 3037 3038 3039 3040 3041 3042 3043 3056 3057 3058 3059 3061 3062 3063 917 912 JOURNAL OF THE SENATE BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4042 4043 4044 4045 4047 4050 4999 BG: 5 5068 5069 Tract: 1802.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1018 1019 1020 1021 1022 1023 1024 1025 1026 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1051 1052 1053 1054 1055 1056 1057 BG: 2 2043 2047 2048 2049 2052 2053 2054 2055 2056 2997 2999 Tract: 1803 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1013 1014 1031 1033 1062 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2083 2998 2999 Tract: 1804 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2024 2028 2029 2044 2045 2046 2047 BG: 3 Tract: 1805 BG: 1 1000 1026 BG: 4 4042 4043 Clarke County Jackson County Tract: 101 BG: 3 918 FRIDAY, FEBRUARY 20, 2004 913 3104 3105 3106 3107 3108 3109 3110 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3156 3157 3158 3159 3160 3161 3162 3163 3164 3172 3173 3174 3175 3176 3177 3178 Tract: 105 BG: 1 BG: 5 5085 5086 5087 5088 5089 5090 5091 5092 5093 5094 5095 5096 5097 5098 5099 5100 5101 5102 5103 5104 BG: 6 6043 6044 6045 6046 6047 6048 Tract: 106 BG: 2 2052 2053 2054 2059 2060 2061 2062 2063 2064 2065 2066 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 BG: 3 3000 3001 3002 3003 3004 3005 3006 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 Oconee County Tract: 301 Tract: 302 Tract: 303 Tract: 304 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5086 5087 5088 5089 5090 5091 5092 5093 5094 5095 5096 5097 5098 5099 5100 5101 5102 5103 5104 5105 5106 5107 5108 5109 5110 5111 5112 5113 5114 5115 5116 5117 5118 5119 5120 5121 5122 5123 5124 5125 5126 5127 5128 5129 5130 5131 919 914 JOURNAL OF THE SENATE 5132 5133 5134 5135 5136 5137 5138 5139 5140 5141 5142 5143 5144 5145 5146 5147 5148 5149 5150 5151 5152 5153 5154 5155 5156 5157 5158 5159 5160 5161 5162 5163 5164 5165 5166 5167 5168 5169 5170 5171 5172 5173 5174 5175 5176 5177 5178 5997 5998 5999 Tract: 305 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1999 Tract: 306 BG: 2 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2026 2997 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3023 3024 3030 3998 3999 District 047 Banks County Greene County Hall County Tract: 1 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3998 3999 BG: 4 Tract: 11 BG: 1 1021 BG: 2 2012 2013 2014 2020 2021 BG: 4 4027 4028 4052 BG: 5 5030 5031 Tract: 12 BG: 1 920 FRIDAY, FEBRUARY 20, 2004 915 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3022 3065 BG: 4 Tract: 13 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 Tract: 7 BG: 1 BG: 2 2000 2001 2002 2003 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 Tract: 8 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1023 1024 1025 1026 1027 BG: 2 2005 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 BG: 4 4005 4021 4022 4023 4024 4025 Jackson County Tract: 102 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1069 1070 1071 1072 1073 1074 1075 Tract: 103 Tract: 104 Tract: 105 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 921 916 JOURNAL OF THE SENATE 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5999 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 Madison County Tract: 201 BG: 4 4079 4080 4081 4082 4084 4090 4093 4094 4095 4096 4097 4098 4100 4101 4102 4103 4104 4105 4106 4999 BG: 5 Tract: 202 BG: 3 3023 3031 3032 3033 3034 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4998 4999 Tract: 203 BG: 1 1027 1028 1029 1031 1032 1033 1034 1150 1151 1152 1153 1154 1155 1156 1157 1158 Tract: 204 Tract: 205 McDuffie County Tract: 9501 BG: 2 2114 2115 2116 2117 2118 2119 2120 Tract: 9502 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 922 FRIDAY, FEBRUARY 20, 2004 917 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 BG: 2 2009 2010 2026 2027 2028 2029 2030 2031 BG: 3 3005 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3037 BG: 4 BG: 5 Tract: 9503 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 BG: 3 3016 3017 3018 3019 3020 Tract: 9504 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1014 1015 1016 1017 BG: 2 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2032 2033 2036 2037 2038 2039 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4019 4020 4021 4022 4023 4024 4041 4042 4043 4051 4052 4053 4054 4055 4056 4057 4058 BG: 5 5031 5032 Morgan County Oconee County Tract: 304 BG: 5 5179 Tract: 305 923 918 JOURNAL OF THE SENATE BG: 1 1010 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1996 1997 1998 Tract: 306 BG: 2 2005 2006 2021 2022 2023 2024 2025 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 BG: 3 3022 3025 3026 3027 3028 3029 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 Oglethorpe County Tract: 9602 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2999 BG: 3 3001 3002 3006 3007 3008 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 BG: 5 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5997 5998 BG: 6 Tract: 9603 BG: 1 1012 1013 1021 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1109 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1146 1147 1165 1166 1167 1168 1994 1995 1996 1997 1998 1999 Taliaferro County 924 FRIDAY, FEBRUARY 20, 2004 919 Tract: 9902 BG: 1 BG: 2 BG: 3 3005 3006 3007 3008 3012 3013 3014 3015 3016 3072 3073 3074 3075 3076 3077 3078 Walton County Tract: 1101 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2052 2053 2054 2055 2056 2057 2058 2059 2060 2998 2999 Tract: 1102 Tract: 1103 Tract: 1104 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1996 1997 1998 1999 BG: 2 Tract: 1106 BG: 1 1000 1035 1036 1037 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1997 1999 BG: 2 2000 2001 2002 2020 2021 2022 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2999 Tract: 1107 Tract: 1108 Warren County 925 920 JOURNAL OF THE SENATE Tract: 9701 BG: 1 1048 1049 1050 1051 1052 1079 1080 1081 1082 1083 1111 1112 1113 1115 1116 1119 1120 1121 1122 1123 1126 1127 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1996 1997 BG: 2 Tract: 9703 Tract: 9704 BG: 1 BG: 2 BG: 3 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3100 3101 3102 3103 3104 3992 3994 3995 District 048 Forsyth County Tract: 1301 BG: 1 1042 1043 1044 1045 1046 1049 1050 1051 1053 1074 1075 1093 1094 1095 1096 1097 1099 1109 1110 1111 1112 BG: 2 BG: 3 3015 3016 3017 3998 Tract: 1303 BG: 1 1023 1024 1025 1044 1045 1046 1047 1051 1052 1053 1054 1055 1056 1057 1058 1059 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2057 2058 2059 2060 2061 2062 2068 2069 2070 Tract: 1304.01 BG: 1 1004 1005 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 926 FRIDAY, FEBRUARY 20, 2004 921 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1997 1998 BG: 2 Tract: 1304.02 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1999 BG: 2 BG: 3 Tract: 1305.01 BG: 1 1005 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1041 1042 1043 1044 1045 1046 1047 1048 1999 BG: 2 BG: 3 Tract: 1305.02 Tract: 1306 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1076 1077 1078 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2070 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2998 2999 Gwinnett County Tract: 501.04 BG: 6 6059 6060 6061 6062 6063 6066 6067 6069 6070 6071 6072 6073 6997 6998 6999 Tract: 502.02 BG: 1 927 922 JOURNAL OF THE SENATE 1028 1029 1030 1031 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1067 1068 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1995 1996 1997 1998 BG: 2 Tract: 502.04 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2033 2034 2035 2036 2037 2042 2043 2044 2045 2046 2047 2048 BG: 3 BG: 4 Tract: 502.05 Tract: 502.06 Tract: 502.07 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1058 1059 1060 1061 1062 1063 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2010 2011 Tract: 503.07 Tract: 503.08 Tract: 503.09 Tract: 503.10 Tract: 503.14 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 District 049 Habersham County Tract: 9901 BG: 1 1112 1113 1116 1117 1119 1120 1121 1122 1123 1124 1125 1996 BG: 2 928 FRIDAY, FEBRUARY 20, 2004 923 2015 2016 2017 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 Tract: 9902 BG: 4 4002 4003 4004 4005 4006 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 BG: 5 Tract: 9903 BG: 3 3000 3010 3019 3020 3021 3023 3024 3025 3026 3027 3028 3999 Tract: 9904 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3042 3043 3060 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3095 3096 3097 3098 3099 3100 3997 3998 3999 Tract: 9905 BG: 1 1000 1001 1002 1014 1015 1016 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 BG: 3 3045 3046 3047 3048 BG: 4 4000 4060 4061 4062 4063 4064 4065 BG: 5 5000 5016 5017 5018 5019 5045 Tract: 9906.01 Tract: 9906.02 BG: 1 BG: 2 2001 2002 2003 2004 2005 2006 2007 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 BG: 4 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4032 4033 4034 4035 4036 4037 4038 4039 4045 4046 4047 4048 4062 4063 4064 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 929 924 JOURNAL OF THE SENATE 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4999 BG: 5 5000 5012 5013 5014 5015 5016 5017 5018 5019 5020 5022 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 Hall County Tract: 1 BG: 1 BG: 2 BG: 3 3011 3012 3013 3996 3997 Tract: 10.01 Tract: 10.02 Tract: 11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2015 2016 2017 2018 2019 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 Tract: 12 BG: 3 930 FRIDAY, FEBRUARY 20, 2004 925 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3999 Tract: 13 BG: 1 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 BG: 2 BG: 3 Tract: 14.01 Tract: 14.02 Tract: 15 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3023 3029 3996 3997 3998 3999 Tract: 16.01 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1037 1038 1039 1049 1050 1998 1999 Tract: 16.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1016 1017 1018 1019 1020 1021 1026 1027 1028 1029 1030 Tract: 2.01 Tract: 2.02 Tract: 3.01 Tract: 3.02 Tract: 4 Tract: 5 Tract: 6 Tract: 7 BG: 2 931 926 JOURNAL OF THE SENATE 2004 2005 2006 2007 Tract: 8 BG: 1 1000 1001 1002 1003 1004 1005 1022 BG: 2 2000 2001 2002 2003 2004 2006 2007 2008 BG: 4 4000 4001 4002 4003 4004 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 Tract: 9 Jackson County Tract: 101 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3111 3112 3144 3145 3146 3147 3148 3149 3150 3151 3152 3153 3154 3155 3165 3166 3167 3168 3169 3170 3171 3179 3180 Tract: 102 BG: 1 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 Tract: 106 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2055 2056 2057 2058 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2119 2120 932 FRIDAY, FEBRUARY 20, 2004 927 BG: 3 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3038 3039 3040 3065 3066 Tract: 107 District 050 Franklin County Habersham County Tract: 9901 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1114 1115 1118 1126 1127 1128 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2018 2019 Tract: 9902 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4035 4036 Tract: 9903 BG: 1 BG: 2 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3011 3012 3013 3014 3015 3016 3017 3018 3022 Tract: 9904 BG: 3 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3044 3045 3046 933 928 JOURNAL OF THE SENATE 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3061 3062 3063 3064 3065 3066 3067 3094 Tract: 9905 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1017 1018 1019 1020 1021 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3999 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4999 BG: 5 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5046 5047 Tract: 9906.02 BG: 2 2000 2008 BG: 3 BG: 4 4000 4001 4002 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4040 4041 4042 4043 4044 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4065 4066 4067 4068 4069 4070 4071 4072 4127 BG: 5 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5021 5023 5024 Lumpkin County Rabun County Stephens County 934 FRIDAY, FEBRUARY 20, 2004 929 Towns County Union County White County District 051 Cherokee County Tract: 901 Tract: 902 Tract: 903 Tract: 904 Tract: 906.01 BG: 3 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 BG: 4 BG: 6 Tract: 906.02 BG: 5 5001 5007 5009 5010 5011 5013 5014 5015 5016 5017 5020 5021 5025 5026 5027 5028 Tract: 907.01 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4050 4051 4053 4997 BG: 6 Tract: 907.02 Tract: 908.01 BG: 4 4007 4008 4010 4011 BG: 6 6006 6007 6008 6015 6016 6017 6018 6019 6020 6021 BG: 7 7001 7002 7003 7004 7005 7006 7007 7008 Tract: 910.04 935 930 JOURNAL OF THE SENATE BG: 3 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3997 Tract: 911.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1031 1032 1999 Dawson County Fannin County Forsyth County Tract: 1301 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1047 1048 1052 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1098 1100 1101 1102 1103 1104 1105 1106 1107 1108 1996 1997 1998 1999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3018 3999 Tract: 1302 Tract: 1303 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 Tract: 1304.01 BG: 1 1000 1001 1002 1003 1006 1007 1008 1999 Tract: 1304.02 BG: 1 1000 1012 1013 1014 1015 Tract: 1305.01 BG: 1 1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1035 1036 1037 1038 1039 1040 1998 Gilmer County Pickens County 936 FRIDAY, FEBRUARY 20, 2004 931 District 052 Bartow County Tract: 9603 BG: 1 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1998 1999 BG: 2 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2997 2998 Tract: 9610 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1023 1024 1025 1026 1027 1028 1031 1995 1996 BG: 2 2000 2001 2002 2003 2004 2008 2009 Chattooga County Floyd County Walker County Tract: 206.01 BG: 1 1042 1043 1044 1045 1046 1047 1048 1049 1050 Tract: 206.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1054 1055 1056 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2051 2052 2053 2054 2055 2056 2074 2999 Tract: 209.01 BG: 1 937 932 JOURNAL OF THE SENATE 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 BG: 2 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 BG: 6 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 Tract: 209.02 Whitfield County Tract: 10 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1027 1028 1029 1030 1031 1032 BG: 2 BG: 3 Tract: 12 BG: 2 2003 2004 2005 2006 2009 BG: 3 BG: 4 BG: 5 5000 5001 5028 5029 5030 5031 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 BG: 6 6000 6001 6002 6003 6004 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 Tract: 13 BG: 1 1001 1002 1003 1004 1005 1006 1007 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 BG: 2 BG: 3 938 FRIDAY, FEBRUARY 20, 2004 933 Tract: 15 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3026 3027 3028 3029 3030 3031 3032 BG: 4 4000 4001 4002 4003 4004 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4035 4999 BG: 5 Tract: 4 BG: 1 1005 1007 1008 1009 1010 1022 1024 1025 BG: 2 2004 BG: 3 3000 3034 3035 3042 3043 3044 3045 3047 3048 3050 3051 3052 3053 3054 3055 3056 3057 BG: 4 BG: 5 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 BG: 6 Tract: 5.02 BG: 1 1000 1011 1012 1013 1014 1042 1043 1054 1063 1064 1065 1066 1067 1078 1079 1080 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 Tract: 8 BG: 6 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 BG: 7 District 053 Catoosa County Dade County Walker County Tract: 201 Tract: 202 939 934 JOURNAL OF THE SENATE Tract: 203.01 Tract: 203.02 Tract: 204 Tract: 205.01 Tract: 205.02 Tract: 206.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 BG: 2 BG: 3 Tract: 206.02 BG: 1 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1999 BG: 2 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2998 Tract: 207 Tract: 208 Tract: 209.01 BG: 1 1011 1012 1013 1014 1015 1016 1017 1018 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 BG: 5 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 Whitfield County Tract: 12 BG: 5 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 940 FRIDAY, FEBRUARY 20, 2004 935 5026 5027 5032 5033 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 BG: 6 6005 6006 6050 6051 6052 6053 6054 6055 6056 6057 6058 6059 6060 6061 6062 6063 6064 6065 Tract: 14 Tract: 15 BG: 1 BG: 2 BG: 3 3025 BG: 4 4005 4006 4007 4008 4009 4010 4011 4012 4033 4034 Tract: 5.01 BG: 2 2043 Tract: 5.02 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1055 1056 1057 1058 1059 1060 1061 1062 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1118 1119 1120 1121 1122 1123 1124 1125 BG: 2 BG: 3 3000 3001 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 BG: 4 4000 4001 4002 4003 4004 4005 4009 4010 4011 4012 4013 4014 4015 4016 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4032 4033 4034 Tract: 7 BG: 1 1004 1005 1006 1007 1008 BG: 2 BG: 3 BG: 4 941 936 JOURNAL OF THE SENATE Tract: 8 BG: 1 1016 1017 1018 1062 1065 1070 1999 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4007 4008 4009 4010 4013 4014 4015 4016 4017 4018 4019 4020 4021 4999 BG: 5 BG: 6 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 Tract: 9 BG: 1 BG: 2 BG: 4 District 054 Bartow County Tract: 9601 BG: 2 2020 2021 2022 2023 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 Tract: 9602 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1053 1054 1055 1056 1057 1999 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 9603 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1021 1054 1055 1056 1057 1058 1059 1060 1061 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2999 Tract: 9604 BG: 2 2017 2018 2019 2026 2027 2028 2029 2030 2031 2032 2033 2034 942 FRIDAY, FEBRUARY 20, 2004 937 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5011 5016 5024 5025 5026 Tract: 9605 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4021 Tract: 9606 BG: 4 4029 Tract: 9609 BG: 1 1000 1001 1002 1003 1004 1026 1033 1036 BG: 2 2004 2005 2006 2007 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2041 2043 2045 2046 2047 2048 2049 2050 2051 2052 2053 2991 2992 2993 2994 2996 BG: 3 3998 Tract: 9610 BG: 1 1000 1001 1020 1021 1022 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1045 1046 1047 1048 1049 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1068 1069 1070 1071 1072 1073 1074 1077 1078 1079 1088 1990 1991 1993 1994 1997 1998 1999 Gordon County Murray County Whitfield County Tract: 1.01 Tract: 1.02 Tract: 10 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1018 1019 943 938 JOURNAL OF THE SENATE 1020 1021 1022 1023 1024 1025 1026 Tract: 11 Tract: 12 BG: 1 BG: 2 2000 2001 2002 2007 2008 2010 2011 Tract: 13 BG: 1 1000 1008 1009 1010 Tract: 2 Tract: 3.01 Tract: 3.02 Tract: 4 BG: 1 1000 1001 1002 1003 1004 1006 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1023 BG: 2 2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012 2998 2999 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3036 3037 3038 3039 3040 3041 3046 3049 BG: 5 5000 Tract: 5.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2044 2045 2046 2047 2048 2049 2050 2998 2999 BG: 3 Tract: 5.02 BG: 3 3002 3003 3004 3050 3051 3052 BG: 4 4006 4007 4008 4017 4018 4019 4030 4031 Tract: 6 Tract: 7 BG: 1 944 FRIDAY, FEBRUARY 20, 2004 939 1000 1001 1002 1003 Tract: 8 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1063 1064 1066 1067 1068 1069 1071 1072 1073 BG: 4 4005 4006 4011 4012 BG: 6 6000 6001 6002 6003 Tract: 9 BG: 3 District 055 DeKalb County Tract: 219.09 BG: 1 1002 1003 1004 1005 1006 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 Tract: 220.04 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2999 Tract: 220.05 Tract: 220.06 BG: 1 1006 1007 1008 BG: 2 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 3009 3010 3011 3012 3018 3019 3021 3022 3026 3027 3029 3030 3031 3032 3033 3034 3035 3036 Tract: 220.07 BG: 1 1000 1001 1002 1003 1004 1005 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2019 2020 2021 945 940 JOURNAL OF THE SENATE Tract: 220.08 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 BG: 2 Tract: 231.02 BG: 1 1017 1021 1022 1023 1026 BG: 2 Tract: 231.05 BG: 1 BG: 2 2000 2001 2002 2016 BG: 3 BG: 4 Tract: 231.06 BG: 1 BG: 2 BG: 3 Tract: 231.07 Tract: 231.08 BG: 1 1002 1003 1004 1005 1006 BG: 2 BG: 3 Tract: 232.04 Tract: 232.06 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 Tract: 232.08 Tract: 232.09 Tract: 232.10 BG: 1 BG: 2 BG: 3 3000 Tract: 232.11 BG: 1 1007 1008 1009 1010 1011 Tract: 233.02 Tract: 233.03 946 FRIDAY, FEBRUARY 20, 2004 941 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4013 4015 4016 4017 4998 Tract: 233.05 Tract: 233.06 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2011 2012 2013 2014 Tract: 233.07 BG: 3 BG: 4 Gwinnett County Tract: 504.15 BG: 1 1000 1001 1002 1004 1005 1006 1007 1008 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 Tract: 504.16 Tract: 507.04 BG: 2 2006 2007 2008 2009 2010 2011 BG: 3 BG: 4 Tract: 507.09 Tract: 507.16 BG: 1 BG: 2 BG: 3 3000 3001 3007 3008 Tract: 507.17 BG: 1 1005 1006 1007 1008 1009 BG: 2 BG: 3 Tract: 507.19 Tract: 507.21 BG: 6 6009 6013 947 942 JOURNAL OF THE SENATE District 056 Fulton County Tract: 100 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2021 2023 2024 2025 BG: 3 3000 3001 3024 BG: 4 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: 101.06 BG: 1 1996 1997 Tract: 101.09 BG: 6 BG: 7 BG: 8 8004 8005 8006 8007 8008 8009 8010 8011 8012 8013 8014 8015 8016 8017 8018 8019 8020 8021 8022 8023 8024 8025 8026 8027 Tract: 101.10 Tract: 102.05 BG: 2 BG: 3 Tract: 102.08 Tract: 102.09 Tract: 102.10 BG: 1 BG: 2 2000 2001 2002 2003 2005 2998 2999 Tract: 114.03 Tract: 114.04 BG: 2 2018 BG: 3 BG: 6 Tract: 114.05 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 948 FRIDAY, FEBRUARY 20, 2004 943 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 BG: 3 BG: 7 7001 7002 7003 7004 7005 7006 7007 7008 7009 Tract: 114.06 Tract: 114.07 Tract: 114.11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 1020 1993 1994 1998 1999 BG: 2 BG: 4 BG: 5 BG: 6 6000 6001 6002 6003 6004 6007 6008 6009 6011 6012 6013 Tract: 114.12 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3999 BG: 6 Tract: 114.13 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 5 5009 5010 5012 Tract: 115.01 Tract: 115.02 Tract: 116.04 Tract: 116.05 Tract: 116.06 BG: 3 3000 3001 3002 3003 BG: 9 9007 9008 9009 9010 9012 9013 9014 9015 9016 Tract: 116.07 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5013 5014 5022 5023 5024 5025 5026 5027 BG: 7 7015 7028 7030 7031 7032 7034 7035 7036 7037 7038 7044 7046 7047 7048 7049 7050 949 944 JOURNAL OF THE SENATE On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman N Balfour Y Blitch N Bowen Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts Y Dean Y Fort 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 Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 25, nays 30, and the Brown amendment # 2 was lost. Senators Cheeks of the 23rd, Hall of the 22nd and Brush of the 24th offered the following amendment # 3: Amend the Senate Reapportionment and Redistricting Committee substitute to SB 522 by striking the descriptions of Senate Districts 23 and 24 on pages 46 through 50 of the attachment to said committee substitute and inserting in lieu thereof the following: "District 023 Burke County Columbia County Tract: 301.01 BG: 1 BG: 2 BG: 3 BG: 4 950 FRIDAY, FEBRUARY 20, 2004 945 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4042 4043 4044 Tract: 301.02 BG: 1 1005 1012 1013 1014 1015 1016 1017 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1996 1997 Tract: 302.01 BG: 1 1039 1041 1042 Tract: 302.02 Tract: 302.03 Tract: 303.02 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3999 Tract: 305.02 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4034 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 Tract: 306.03 Glascock County McDuffie County Richmond County Tract: 1 BG: 2 2000 2001 2002 2003 2007 2008 2009 2010 2011 2012 2013 BG: 3 3010 BG: 4 951 946 JOURNAL OF THE SENATE 4009 4010 4011 4012 BG: 5 5010 5021 5022 5030 5031 5032 5033 5034 Tract: 10 BG: 4 4001 4002 4003 4004 4012 4013 4014 4015 4016 4017 4018 4022 4023 4026 4027 4028 4029 4030 Tract: 101.01 Tract: 101.02 BG: 1 BG: 2 BG: 3 3000 3001 BG: 4 Tract: 101.04 Tract: 101.05 Tract: 102.01 BG: 1 1011 1012 BG: 3 3002 3008 3014 3015 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3999 Tract: 102.03 Tract: 102.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1130 1131 BG: 2 Tract: 105.04 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2040 2041 2042 2043 952 FRIDAY, FEBRUARY 20, 2004 947 2044 2045 2046 2047 2050 2084 2085 2086 2999 Tract: 105.05 BG: 3 3000 3001 3002 3003 Tract: 107.04 BG: 1 1060 Tract: 108 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9996 9997 9998 9999 Tract: 109.01 BG: 3 3073 BG: 4 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4998 Tract: 11 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2013 2014 2015 2016 BG: 3 Tract: 12 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 BG: 5 5000 BG: 6 6004 6005 6006 6007 Tract: 13 BG: 2 2015 2016 2017 2021 2022 Tract: 16 BG: 1 BG: 2 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 953 948 JOURNAL OF THE SENATE BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 Tract: 2 BG: 3 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 Warren County District 024 Columbia County Tract: 301.01 BG: 4 4039 4040 4041 Tract: 301.02 BG: 1 1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 1011 1018 1994 1995 1998 1999 Tract: 302.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1040 1043 1044 Tract: 303.02 BG: 3 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3083 3084 Tract: 303.03 Tract: 303.04 Tract: 303.05 Tract: 304 Tract: 305.01 Tract: 305.02 BG: 4 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 BG: 5 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 954 FRIDAY, FEBRUARY 20, 2004 949 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5997 5998 5999 Elbert County Greene County Hancock County Lincoln County Morgan County Oglethorpe County Taliaferro County Wilkes County" On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Adelman Y Balfour Y Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts N Dean N Fort Y Gillis N Golden Y Hall Y Hamrick N Harbison Y Harp N Henson Y Hill N Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh N Seay Y Shafer N Smith,F Y Smith,P N Squires N Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D Thomas,N Y Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa 955 950 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 34, nays 21, and the Cheeks, Hall and Brush amendment # 3 was adopted. On the adoption of the substitute, the President ordered a roll call, and the vote was as follows: N Adelman Y Balfour N Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts N Dean N Fort Y Gillis N Golden Y Hall Y Hamrick N Harbison Y Harp N Henson Y Hill N Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt Y Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh N Seay Y Shafer N Smith,F Y Smith,P N Squires N Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D Thomas,N Y Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa On the adoption of the substitute, the yeas were 32, nays 23, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle N Harbison Y Harp N Henson Y Hill N Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B N Seay Y Shafer N Smith,F Y Smith,P N Squires N Starr Y Stephens N Stokes Y Tanksley 956 FRIDAY, FEBRUARY 20, 2004 951 Y Cheeks Y Clay Y Collins Y Crotts N Dean N Fort Y Gillis N Golden Y Hall Y Hamrick N Kemp,R Y Lamutt Y Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh N Tate Y Thomas,D Thomas,N Y Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa On the passage of the bill, the yeas were 32, nays 23. SB 522, having received the requisite constitutional majority, was passed by substitute. Senator Stephens of the 51st moved that the Senate stand in recess until 5:00 p.m., then pursuant to HR 944 adjourn until 1:00 p.m., Monday, February 23, 2004. At 1:41 p.m. the President announced that the motion prevailed. 957 952 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, February 23, 2004 Twenty-third 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 1107. By Representatives Rogers of the 20th, Hanner of the 133rd, Royal of the 140th, Shaw of the 143rd and Jenkins of the 8th: A BILL to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to current use assessment for ad valorem taxation of bona fide conservation use property, so as to include undeveloped riverside or streamside lands within buffer zones established by law or local ordinance as eligible for such assessment; and for other purposes. HB 1147. By Representatives Crawford of the 91st and Ray of the 108th: A BILL to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for orders issued by the Commissioner of Agriculture; to provide for administrative and judicial review of such orders; to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to change certain provisions relating to judicial review of contested cases; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolutions of the House: 958 MONDAY, FEBRUARY 23, 2004 953 HR 398. By Representatives Harbin of the 80th and Fleming of the 79th: A RESOLUTION to dedicate a portion of State Route 232 in Columbia County as the "Purple Heart Highway"; and for other purposes. HR 1191. By Representatives Smith of the 110th, Smith of the 13th, Post 2 and Buck of the 112th: A RESOLUTION designating the Purple Heart Highway; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 549. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Dade County, approved April 4, 1991 (Ga. L. 1991, p. 3893), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5339), so as to revise the districts for the election of members of the board; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 550. By Senators Kemp of the 46th and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state minimum standard codes for construction, so as to change the state minimum standard codes for construction; to revise definitions; to delete obsolete provisions; to revise provisions in accordance with new codes; to make editorial changes; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 551. By Senators Unterman of the 45th, Price of the 56th, Thomas of the 54th, Smith of the 52nd, Balfour of the 9th and others: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to regulation of professions and businesses, so as to add a 959 954 JOURNAL OF THE SENATE new Chapter 24A regulating the practice of massage therapy; to provide a short title; to provide legislative findings and intent; to provide for certain definitions; to create a Georgia Board of Massage Therapy; to provide for membership on the board; to provide for powers of the board; to provide for licensure of massage therapists; to provide for provisional permits; to provide for licensing examinations; to provide for violations; to provide for exceptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 552. By Senators Stokes of the 43rd, Brown of the 26th and Henson of the 41st: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that persons elected to office who were the nominees of political parties and bodies may not change their party affiliation except under certain circumstances; to provide for the vacation of the persons office under certain circumstances; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 553. By Senators Williams of the 19th and Kemp of the 46th: 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 provide for an exception for design-build on the limitations on the power of the department to contract; to provide for the development of design-build procedures for the construction of any public road or other transportation purpose project; to define a term; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 1107. By Representatives Rogers of the 20th, Hanner of the 133rd, Royal of the 140th, Shaw of the 143rd and Jenkins of the 8th: A BILL to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to current use assessment for ad valorem taxation of bona fide conservation use property, so as to include undeveloped riverside or 960 MONDAY, FEBRUARY 23, 2004 955 streamside lands within buffer zones established by law or local ordinance as eligible for such assessment; and for other purposes. Referred to the Finance Committee. HB 1147. By Representatives Crawford of the 91st and Ray of the 108th: A BILL to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for orders issued by the Commissioner of Agriculture; to provide for administrative and judicial review of such orders; to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to change certain provisions relating to judicial review of contested cases; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. HR 398. By Representatives Harbin of the 80th and Fleming of the 79th: A RESOLUTION to dedicate a portion of State Route 232 in Columbia County as the "Purple Heart Highway"; and for other purposes. Referred to the Transportation Committee. HR 1191. By Representatives Smith of the 110th, Smith of the 13th, Post 2 and Buck of the 112th: A RESOLUTION designating the Purple Heart Highway; and for other purposes. Referred to the Transportation Committee. The following committee reports were read by the Secretary: Mr. President: The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 648 Do Pass 961 956 JOURNAL OF THE SENATE SB 511 Do Pass Respectfully submitted, Senator Bulloch of the 11th District, Chairman Mr. President: The Economic Development and Tourism Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 131 SB 492 Do Not Pass Do Pass SB 531 Do Pass Respectfully submitted, Senator Mullis of the 53rd 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 1209 Do Pass SB 493 Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman The following legislation was read the second time: HB 547 SB 408 HB 1192 SB 488 SB 506 SB 507 SB 513 SR 669 Senator Butler of the 55th asked unanimous consent that Senator Thomas of the 10th be excused. The consent was granted, and Senator Thomas was excused. Senator Thomas of the 2nd asked unanimous consent that Senator Squires of the 5th be excused. The consent was granted, and Senator Squires was excused. The roll was called and the following Senators answered to their names: Balfour Bowen Brown Brush Harbison Harp Henson Hill Reed Seabaugh Seay Shafer 962 MONDAY, FEBRUARY 23, 2004 957 Bulloch Butler Cagle Cheeks Clay Collins Crotts Dean Fort Gillis Golden Hall Hamrick Hooks Hudgens Jackson Johnson Kemp,B Kemp,R Lamutt Lee Levetan Me V Bremen Moody Mullis Price Smith,F Smith,P Starr Stephens Stokes Tanksley Tate Thomas,D Thomas,R Thompson Tolleson Unterman Williams Not answering were Senators: Adelman Thomas, N (Excused) Blitch Zamarripa Squires (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 Hill of the 4th introduced the chaplain of the day, Pastor Charlene Hendley of Reidsville, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 815. By Senator Balfour of the 9th: A RESOLUTION commending the members of Third Day; and for other purposes. SR 816. By Senator Butler of the 55th: A RESOLUTION to commend and recognize Corry McNamara; and for other purposes. SR 817. By Senators Henson of the 41st and Stokes of the 43rd: A RESOLUTION commending Reverend Raleigh Rucker; and for other purposes. 963 958 JOURNAL OF THE SENATE SR 818. By Senator Bulloch of the 11th: A RESOLUTION recognizing and commending Jaret M. Bryan; and for other purposes. SR 819. By Senator Bulloch of the 11th: A RESOLUTION commending the members of the Silver-Haired Legislature; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Monday, February 23, 2004 Twenty-third Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 493 Johnson of the 1st Kemp of the 3rd LIBERTY COUNTY 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. HB 1209 Bowen of the 13th DOOLY COUNTY 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. 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: 964 MONDAY, FEBRUARY 23, 2004 959 Y Adelman Y Balfour Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison 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 Seay Shafer Y Smith,F Y Smith,P E Squires Starr Y Stephens Y Stokes Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the local legislation, the yeas were 47, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 I voted the yes light on the Local Consent Calendar. The light registered green. Next, I noted, the board showed I had not voted. /s/ Seth Harp 2/23/04 SENATE RULES CALENDAR MONDAY, FEBRUARY 23, 2004 TWENTY-THIRD LEGISLATIVE DAY SR 674 Improvement of Georgia's Pre-K Program, Joint Study Commission; create (ED-46th) 965 960 JOURNAL OF THE SENATE SR 767 Dove Hunting; urge Natural Resources Board to adopt state-wide open season dates (NR&E-20th) SR 578 Georgia schools; promote health education/physical activity (ED-45th) SR 682 Henry McNeal Turner Tribute Commission; create (RULES-39th) SB 517 Ethics in government; comprehensive revisions of provisions (Substitute)(ETHICS-52nd) SR 755 Ocmulgee/Altamaha Rivers; urge Congress to protect land in a continuous corridor (NR&E-16th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SR 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. 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 N Blitch Y Bowen Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Harbison Y Harp Henson Y Hill Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt Y Lee N Levetan Seay Y Shafer N Smith,F Y Smith,P E Squires N Starr Y Stephens Stokes Y Tanksley N Tate Y Thomas,D E Thomas,N N Thomas,R 966 MONDAY, FEBRUARY 23, 2004 961 Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh N Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 36, nays 13. SR 674, having received the requisite constitutional majority, was adopted. SR 767. By Senators Gillis of the 20th, Hooks of the 14th, Bulloch of the 11th, Meyer von Bremen of the 12th, Bowen of the 13th and others: A RESOLUTION urging the Board of Natural Resources to forthwith adopt state-wide uniform open season dates for dove hunting throughout this state; 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 Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa 967 962 JOURNAL OF THE SENATE On the adoption of the resolution, the yeas were 51, nays 0. SR 767, having received the requisite constitutional majority, was adopted. 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. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 52, nays 0. SR 578, having received the requisite constitutional majority, was adopted. 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 968 MONDAY, FEBRUARY 23, 2004 963 authorizing the placement of a statue on the grounds of the state capitol building; 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 Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 50, nays 0. SR 682, having received the requisite constitutional majority, was adopted. The following communication was received by the Secretary: RE: SR 682 Secretary of the Senate; The State Senate Atlanta, Georgia 30334 969 964 JOURNAL OF THE SENATE Please record a "yes" vote for SR 682. My voting machine malfunctioned on this vote. Sincerely, /s/ Kasim Reed Senate District 35 SB 517. By Senators Smith of the 52nd, Lee of the 29th, Shafer of the 48th, Gillis of the 20th, Starr of the 44th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 21 and Titles 36, 42, and 45 of the O.C.G.A., relating, respectively, to ethics in government; local government; penal institutions; and public officers, so as to provide for the comprehensive revision of provisions regarding ethics and conflicts of interest; to provide for and change certain definitions; to change certain provisions relative to declaration of policy; to provide for the timely issuance of advisory opinions by the State Ethics Commission and other matters relative to advisory opinions; to provide for penalties; to provide for restrictions on the Governors appointment power under certain circumstances; to repeal conflicting laws; and for other purposes. Senator Smith of the 52nd asked unanimous consent that SB 517 be committed to the Senate Ethics Committee. The consent was granted, and SB 517 was committed to the Senate Ethics Committee. SR 755. By Senators Harp of the 16th, Tolleson of the 18th, Gillis of the 20th, Williams of the 19th and Hooks of the 14th: A RESOLUTION urging the Congress of the United States to consider creating a national preserve or other similar federal property to protect land and other natural resources in a continuous corridor of the Ocmulgee and Altamaha Rivers in central and south Georgia; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr 970 MONDAY, FEBRUARY 23, 2004 965 Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Golden Y Hall Y Hamrick Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 52, nays 0. SR 755, having received the requisite constitutional majority, was adopted. Serving as doctor of the day was Dr. Jack Menendez. The President introduced United States Congressman Sanford Bishop, District 2. Congressman Bishop addressed the Senate briefly. Senator Stephens of the 51st moved that the Senate adjourn until 10:00 a.m., Tuesday, February 24, 2004. The motion prevailed, and the President announced the Senate adjourned at 2:09 p.m. 971 966 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, February 24, 2004 Twenty-fourth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1087. By Representatives Roberts of the 131st, Black of the 144th, McCall of the 78th, Powell of the 23rd and Keen of the 146th: A BILL to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to change certain provisions relating to fees for operation of vehicles; to change certain provisions relating to restricted license plates for vehicles; and for other purposes. HB 1185. By Representatives Shaw of the 143rd, Floyd of the 132nd, Boggs of the 145th, Rogers of the 20th, Channell of the 77th and others: A BILL to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to change certain provisions relating to additional powers of conservation rangers and functions of other agencies assigned to the Department of Natural Resources; to change certain provisions relating to inspection of vessels and boats; to amend Code Section 52-7-25 of the Official Code of Georgia Annotated, relating to enforcement of general provisions relative to 972 TUESDAY, FEBRUARY 24, 2004 967 registration, operation, and sale of watercraft, so as to change certain provisions relating to powers of enforcement officers; and for other purposes. HB 1194. By Representatives Teilhet of the 34th, Post 2, Willard of the 40th, Moraitakis of the 42nd, Post 4, Stephenson of the 60th, Post 1 and Wilkinson of the 41st: A BILL to amend Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to discretion of court in custody disputes, right of child 14 years old or older to select custodial parent, right of visitation rights, grandparent visitation, and policy, so as to provide for no civil liability for a court appointed custody evaluator; and for other purposes. HB 1243. By Representatives Powell of the 23rd, Reece of the 21st and Parham of the 94th: A BILL to amend Code Section 40-8-9 of the Official Code of Georgia Annotated, relating to compliance with federal provisions, so as to clarify certain provisions relating to vehicle identification rules; and for other purposes. HB 1347. By Representatives Manning of the 32nd, Sinkfield of the 50th, Gardner of the 42nd, Post 3, Buckner of the 82nd, Henson of the 55th and others: A BILL to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide that a child welfare agency shall obtain for every applicant for employment a preliminary criminal records check from the Georgia Crime Information Center through a local law enforcement authority; to define certain terms; to provide that an individual with a criminal record which includes certain crimes shall be prohibited permanently from employment in, service on behalf of, or residence in a child welfare agency or for a minimum of ten years from the date of final disposition of the crime, depending on the type of crime involved; and for other purposes. HB 1364. By Representatives Channell of the 77th and Hudson of the 95th: A BILL to provide for a homestead exemption from Putnam County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of that county who are 70 years of age or older; and for other purposes. 973 968 JOURNAL OF THE SENATE HB 1365. By Representatives Channell of the 77th and Hudson of the 95th: A BILL to provide for a homestead exemption from Putnam County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; and for other purposes. HB 1366. By Representatives Channell of the 77th and Hudson of the 95th: A BILL to provide for a homestead exemption from Putnam County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of that school district who are 70 years of age or older; and for other purposes. HB 1367. By Representatives Channell of the 77th and Hudson of the 95th: A BILL to provide for a homestead exemption from Putnam 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 adjusted base year assessed value of such homestead; and for other purposes. HB 1382. By Representatives Keen of the 146th, Rogers of the 20th, DeLoach of the 127th, Barnard of the 121st, Post 1 and Sheldon of the 71st, Post 2: A BILL to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to change the membership of the Shore Protection Committee; to change the membership of the Coastal Marshlands Protection Committee; and for other purposes. HB 1457. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd: A BILL to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures regarding state purchasing, so as to provide for additional vendor requirements; to provide for a definition; to provide for powers, duties, and authority of the Department of Revenue and the Department of Administrative Services; and for other purposes. 974 TUESDAY, FEBRUARY 24, 2004 969 HB 1461. By Representatives Royal of the 140th, Richardson of the 26th, Sims of the 130th, O`Neal of the 117th and Borders of the 142nd: A BILL to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization regarding revenue and taxation, so as to provide for limited circumstances under which the state revenue commissioner or an officer or employee of the Department of Revenue may disclose certain confidential taxpayer information; and for other purposes. HB 1531. By Representative Birdsong of the 104th: A BILL to amend an Act providing for the election of members of the Board of Education of Twiggs County, so as to change the method of filling vacancies in the offices of chairperson and board members; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolutions of the House: HR 1095. By Representatives Buck of the 112th and Royal of the 140th: A RESOLUTION proposing an amendment to the Constitution so as to provide that qualified low-income building projects may be classified as a separate class of property for ad valorem property tax purposes, and different rates, methods, and assessment dates may be provided for such building projects; and for other purposes. HR 1400. By Representatives Skipper of the 116th and Orrock of the 51st: A RESOLUTION relative to adjournment; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 554. By Senators Moody of the 27th, Brush of the 24th, Collins of the 6th, Unterman of the 45th, Seabaugh of the 28th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary schools, so as to enact the "Spread the Word Program Act"; to provide for local programs 975 970 JOURNAL OF THE SENATE for collecting donated books for children who have few books or schools that need additional books; to authorize rules and regulations; to repeal conflicting laws; and for other purposes. Referred to the Education Committee. SB 555. By Senators Hall of the 22nd and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Chapter 3 of Title 14 of the O.C.G.A., relating to nonprofit corporations, so as to provide for the updating of provisions relating to nonprofit corporations; to provide for definitions; to change certain provisions relating to notice requirements so as to provide for notice by electronic transmission; to provide for voting by electronic transmission pursuant to a court ordered meeting; to change certain provisions relating to publication of notice of intent to file articles of incorporation; to change a reference relating to ultra vires purposes and powers for conformity purposes; to change certain provisions relating to the definition of "nonprofit" and rights and powers of a nonprofit corporation; to amend Article 3 of Chapter 5 of Title 14 of the O.C.G.A., relating to corporations organized for religious, fraternal, or educational purposes, to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 556. By Senators Price of the 56th, Cagle of the 49th, Mullis of the 53rd, Hamrick of the 30th and Smith of the 52nd: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferrals, so as to exempt from ad valorem taxation biotechnology property, facilities, and equipment; to provide for a referendum, applicability, and effective dates; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 557. By Senators Price of the 56th, Cagle of the 49th, Mullis of the 53rd, Hamrick of the 30th and Smith of the 52nd: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use 976 TUESDAY, FEBRUARY 24, 2004 971 tax, so as to provide for an exemption with respect to sales for certain biotechnology research, product development, or manufacturing; to provide for a definition; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 558. By Senators Price of the 56th, Cagle of the 49th, Mullis of the 53rd, Hamrick of the 30th and Smith of the 52nd: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to qualified biotechnology businesses; to provide for definitions; to provide for conditions and limitations; to provide for transfer of such credits; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 559. By Senators Price of the 56th, Cagle of the 49th, Mullis of the 53rd, Hamrick of the 30th and Smith of the 52nd: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a job tax credit with respect to qualified biotechnology businesses; to provide for definitions; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SR 822. By Senators Zamarripa of the 36th, Moody of the 27th, Collins of the 6th, Clay of the 37th, Levetan of the 40th and others: A RESOLUTION creating the Joint Study Committee on Aging and Developmental Disabilities; and for other purposes. Referred to the Health and Human Services Committee. 977 972 JOURNAL OF THE SENATE The following House legislation was read the first time and referred to committee: HB 1087. By Representatives Roberts of the 131st, Black of the 144th, McCall of the 78th, Powell of the 23rd and Keen of the 146th: A BILL to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to change certain provisions relating to fees for operation of vehicles; to change certain provisions relating to restricted license plates for vehicles; and for other purposes. Referred to the Public Safety and Homeland Security Committee. HB 1185. By Representatives Shaw of the 143rd, Floyd of the 132nd, Boggs of the 145th, Rogers of the 20th, Channell of the 77th and others: A BILL to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to change certain provisions relating to additional powers of conservation rangers and functions of other agencies assigned to the Department of Natural Resources; to change certain provisions relating to inspection of vessels and boats; to amend Code Section 52-7-25 of the Official Code of Georgia Annotated, relating to enforcement of general provisions relative to registration, operation, and sale of watercraft, so as to change certain provisions relating to powers of enforcement officers; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 1194. By Representatives Teilhet of the 34th, Post 2, Willard of the 40th, Moraitakis of the 42nd, Post 4, Stephenson of the 60th, Post 1 and Wilkinson of the 41st: A BILL to amend Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to discretion of court in custody disputes, right of child 14 years old or older to select custodial parent, right of visitation rights, grandparent visitation, and policy, so as to provide for no civil liability for a court appointed custody evaluator; and for other purposes. Referred to the Judiciary Committee. 978 TUESDAY, FEBRUARY 24, 2004 973 HB 1243. By Representatives Powell of the 23rd, Reece of the 21st and Parham of the 94th: A BILL to amend Code Section 40-8-9 of the Official Code of Georgia Annotated, relating to compliance with federal provisions, so as to clarify certain provisions relating to vehicle identification rules; and for other purposes. Referred to the Public Safety and Homeland Security Committee. HB 1347. By Representatives Manning of the 32nd, Sinkfield of the 50th, Gardner of the 42nd, Post 3, Buckner of the 82nd, Henson of the 55th and others: A BILL to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide that a child welfare agency shall obtain for every applicant for employment a preliminary criminal records check from the Georgia Crime Information Center through a local law enforcement authority; to define certain terms; to provide that an individual with a criminal record which includes certain crimes shall be prohibited permanently from employment in, service on behalf of, or residence in a child welfare agency or for a minimum of ten years from the date of final disposition of the crime, depending on the type of crime involved; and for other purposes. Referred to the Children and Youth Committee. HB 1364. By Representatives Channell of the 77th and Hudson of the 95th: A BILL to provide for a homestead exemption from Putnam County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of that county who are 70 years of age or older; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1365. By Representatives Channell of the 77th and Hudson of the 95th: A BILL to provide for a homestead exemption from Putnam County School District ad valorem taxes for educational purposes in an amount equal to the 979 974 JOURNAL OF THE SENATE amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1366. By Representatives Channell of the 77th and Hudson of the 95th: A BILL to provide for a homestead exemption from Putnam County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead 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 1367. By Representatives Channell of the 77th and Hudson of the 95th: A BILL to provide for a homestead exemption from Putnam 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 adjusted base year assessed value of such homestead; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1382. By Representatives Keen of the 146th, Rogers of the 20th, DeLoach of the 127th, Barnard of the 121st, Post 1 and Sheldon of the 71st, Post 2: A BILL to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to change the membership of the Shore Protection Committee; to change the membership of the Coastal Marshlands Protection Committee; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 1457. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd: A BILL to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and 980 TUESDAY, FEBRUARY 24, 2004 975 procedures regarding state purchasing, so as to provide for additional vendor requirements; to provide for a definition; to provide for powers, duties, and authority of the Department of Revenue and the Department of Administrative Services; and for other purposes. Referred to the Finance Committee. HB 1461. By Representatives Royal of the 140th, Richardson of the 26th, Sims of the 130th, O`Neal of the 117th and Borders of the 142nd: A BILL to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization regarding revenue and taxation, so as to provide for limited circumstances under which the state revenue commissioner or an officer or employee of the Department of Revenue may disclose certain confidential taxpayer information; and for other purposes. Referred to the Finance Committee. HB 1531. By Representative Birdsong of the 104th: A BILL to amend an Act providing for the election of members of the Board of Education of Twiggs County, so as to change the method of filling vacancies in the offices of chairperson and board members; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 1095. By Representatives Buck of the 112th and Royal of the 140th: A RESOLUTION proposing an amendment to the Constitution so as to provide that qualified low-income building projects may be classified as a separate class of property for ad valorem property tax purposes, and different rates, methods, and assessment dates may be provided for such building projects; and for other purposes. Referred to the Finance Committee. The following committee reports were read by the Secretary: Mr. President: The Health and Human Services Committee has had under consideration the following 981 976 JOURNAL OF THE SENATE legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 447 SB 478 Do Pass by substitute Do Pass as amended Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1278 Do Pass HB 1320 Do Pass SB 504 SB 529 Do Pass Do Pass 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 510 Do Pass Respectfully submitted, Senator Tanksley of the 32nd District, Chairman Mr. President: The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1095 HR 985 SB 541 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Gillis of the 20th District, Chairman 982 TUESDAY, FEBRUARY 24, 2004 977 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 1044 Do Pass SB 547 Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman The following legislation was read the second time: HB 648 SB 492 SB 511 SB 531 Senator Squires of the 5th 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 Kemp of the 3rd be excused. The consent was granted, and Senator Kemp was excused. Senator Tate of the 38th asked unanimous consent that Senator Thomas of the 10th be excused. The consent was granted, and Senator Thomas 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. The roll was called and the following Senators answered to their names: Adelman Balfour Bowen Brown Bulloch Butler Cagle Cheeks Clay Collins Crotts Dean Gillis Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Lamutt Lee Levetan Me V Bremen Moody Seay Shafer Smith,F Smith,P Squires Starr Stephens Stokes Tanksley Tate Thomas,D Tolleson Unterman 983 978 JOURNAL OF THE SENATE Golden Hall Harbison Mullis Price Seabaugh Williams Zamarripa Not answering were Senators: Blitch Hamrick Thomas, N (Excused) Brush Kemp, R (Excused) Thomas, R (Excused) Fort Reed 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: Hamrick Reed The members pledged allegiance to the flag. Senator Unterman of the 45th introduced the chaplain of the day, Dr. Jody Hice of Bethlehem, Georgia, who offered scripture reading and prayer. Senators Thompson of the 33rd and Johnson of the 1st introduced Garden Club of Georgia, Inc. members, commended by SR 735, adopted previously. President J. D. Ager addressed the Senate briefly. Senator Adelman of the 42nd introduced the doctor of the day, Dr. Steve Segerman. Senator Golden of the 8th welcomed a group of dentists from South Georgia. The following resolutions were read and adopted: SR 820. By Senators Brush of the 24th, Johnson of the 1st and Kemp of the 3rd: A RESOLUTION commending Carol Hough; and for other purposes. SR 821. By Senators Brush of the 24th, Hudgens of the 47th and Cheeks of the 23rd: A RESOLUTION commending Raymond Harrison; and for other purposes. SR 823. By Senator Zamarripa of the 36th: A RESOLUTION welcoming The Honorable Mo Wen Xiu and her ChinaAmerica Partnership delegation; and for other purposes. 984 TUESDAY, FEBRUARY 24, 2004 979 Senator Zamarripa of the 36th introduced The Honorable Mo Wen Xiu and her ChinaAmerica Partnership delegation, commended by SR 823. The Honorable Mo Wen Xiu addressed the Senate briefly. SR 824. By Senators Brush of the 24th, Levetan of the 40th, Thomas of the 54th, Thomas of the 2nd, Starr of the 44th and others: A RESOLUTION honoring and congratulating Dr. Billie J. Sherrod; and for other purposes. SR 825. By Senators Brush of the 24th, Dean of the 31st, Thomas of the 54th, Thomas of the 2nd, Levetan of the 40th and others: A RESOLUTION congratulating Mr. Bill Gambill on the occasion of his retirement; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday, February 24, 2004 Twenty-fourth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 547 Mullis of the 53rd DADE COUNTY A BILL to be entitled an Act to amend an Act to provide for the election of members to the Dade County board of education, approved February 6, 1984 (Ga. L. 1984, p. 3575), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 985 980 JOURNAL OF THE SENATE HB 1044 Tolleson of the 18th COCHRAN, CITY OF A BILL to amend an Act providing a new charter for the City of Cochran, so as to change the corporate boundaries of said city; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Harbison Y Harp Y Henson Y Hill 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 Y Tanksley Y Tate Thomas,D E Thomas,N E Thomas,R Y Thompson Y Tolleson Y Unterman Williams Zamarripa On the passage of the local legislation, the yeas were 47, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following resolution was read and adopted: HR 1400. By Representatives Skipper of the 116th and Orrock of the 51st: A RESOLUTION Relative to adjournment; and for other purposes. 986 TUESDAY, FEBRUARY 24, 2004 981 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 February 26, 2004, through March 8, 2004, shall be as follows: Thursday, February 26..............................in session for legislative day 26 Friday, February 27 ..................................in adjournment Saturday, February 28 ..............................in adjournment Sunday, February 29.................................in adjournment Monday, March 1 .....................................in session for legislative day 27 Tuesday, March 2 .....................................in session for legislative day 28 Wednesday, March 3................................in adjournment Thursday, March 4 ...................................in session for legislative day 29 Friday, March 5 ........................................in session for legislative day 30 Saturday, March 6 ....................................in adjournment Sunday, March 7.......................................in adjournment Monday, March 8 .....................................in session for legislative day 31 BE IT FURTHER RESOLVED that on and after March 8, 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 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. SB 506 SB 513 SENATE RULES CALENDAR TUESDAY, FEBRUARY 24, 2004 TWENTY-FOURTH LEGISLATIVE DAY Rules of the road; motor vehicles; use/installation of tv receivers; prohibit (Substitute)(PS&HS-9th) Contact lenses; sold/dispensed by licensed providers; revisions; violations (H&HS-9th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee 987 982 JOURNAL OF THE SENATE SB 506. By Senators Balfour of the 9th, Moody of the 27th, Kemp of the 46th and Hall of the 22nd: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to prohibit the use and installation of television receivers, screens, or other means of visually receiving a television broadcast or a video signal that produces entertainment or business applications and that is located in the motor vehicle at any point forward of the back of the drivers seat or that is visible to the driver while operating the motor vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 506: A BILL TO BE ENTITLED AN ACT To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to prohibit the use and installation of television receivers, screens, or other means of visually receiving a television broadcast or a video signal that produces entertainment or business applications and that is located in the motor vehicle and visible to the driver while operating the motor vehicle; 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 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by adding a new Code Section 40-6-241.1 to read as follows: "40-6-241.1. (a) No person shall operate a motor vehicle that is equipped with a television receiver, screen, or other means of visually receiving a television broadcast or a video signal that produces entertainment or business applications and that is located in the motor vehicle and visible to the driver while operating the motor vehicle. No retailer shall install in a motor vehicle a television receiver, screen, or other means of visually receiving a television broadcast or a video signal that produces entertainment or business applications and that is located in the motor vehicle at any point that would make the device visible to the driver while operating the motor vehicle. (b) The provisions of this Code section shall not apply to the following equipment when installed in a motor vehicle: (1) A vehicle information display; (2) A navigation or global positioning display; (3) A mapping display; 988 TUESDAY, FEBRUARY 24, 2004 983 (4) A visual display used to monitor the area immediately to the rear or sides of a motor vehicle for the purpose of maneuvering the vehicle; or (5) A television receiver, video monitor, television, or video screen that produces entertainment or business applications, or any other similar means of visually displaying a television broadcast or video signal, if the equipment has a device that, when the motor vehicle is being driven, disables the equipment for all uses except as a visual display as described in paragraphs (1) through (4) of this subsection. (c) The provisions of this Code section shall not apply to a motor home that is in excess of 21 feet in length." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Balfour of the 9th offered the following amendment: Amend Senate Committee Substitute to SB 506 by adding on line 6 after the word "to" police, emergency response, public works or utility vehicles or On the adoption of the amendment, the yeas were 37, nays 0, and the Balfour amendment 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 passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Harbison Y Harp Y Henson N Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N E Thomas,R Y Thompson 989 984 JOURNAL OF THE SENATE Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Tolleson Y Unterman Williams Y Zamarripa On the passage of the bill, the yeas were 49, nays 1. SB 506, having received the requisite constitutional majority, was passed by substitute. SB 513. By Senators Balfour of the 9th, Price of the 56th, Hamrick of the 30th, Hall of the 22nd, Kemp of the 46th and others: A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for the revision of provisions regarding the sale or dispensing of contact lenses; to provide that contact lenses may be sold or dispensed in this state only by licensed providers; to provide for violations and for civil and criminal enforcement; to change provisions relating to the duties and obligations of contact lens prescribers; to change certain provisions relating to prescriptions; to provide for conformity with federal law; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Zamarripa of the 36th offered the following amendment: Amend SB 513 by redesignating Section 2 as Section 3 and by inserting a new Section 2 to read as follows: "SECTION 2. Nothing in this Act shall be construed so as to conflict with any federal antitrust provision relating to the sale of goods and services via the Internet, 1-800 numbers, or by companies employing nationally board certified ophthalmologists." On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman N Balfour Blitch Bowen Y Brown Y Harbison N Harp Y Henson N Hill Y Hooks Y Seay N Shafer N Smith,F N Smith,P N Squires 990 TUESDAY, FEBRUARY 24, 2004 985 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 N Hudgens Y Jackson N Johnson N Kemp,B E Kemp,R N Lamutt N Lee Levetan N Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Starr N Stephens Y Stokes N Tanksley Y Tate N Thomas,D E Thomas,N E Thomas,R N Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 16, nays 34, and the Zamarripa amendment was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B E Kemp,R Y Lamutt Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N E Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa 991 986 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 50, nays 0. SB 513, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 Senator Lee of the 29th wishes to be recorded as voting yea on SB 513. /s/ Dan Lee Senator Stephens of the 51st moved that the Senate adjourn until 10:00 a.m., Wednesday, February 25, 2004. The motion prevailed, and the President announced the Senate adjourned at 11:31 a.m. 992 WEDNESDAY, FEBRUARY 25, 2004 987 Senate Chamber, Atlanta, Georgia Wednesday, February 25, 2004 Twenty-fifth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator 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 1026. By Representatives Buckner of the 82nd, McBee of the 74th, Crawford of the 91st, Dodson of the 84th, Post 1, Heckstall of the 48th, Post 3 and others: A BILL to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that the Secretary of State may initiate action to prevent the sale, transfer, or destruction of certain property removed from a public office or public officer or employee; to provide for definitions; to provide for certain records of public agencies or officers to be placed with the Division of Archives and History; and for other purposes. HB 1069. By Representatives Oliver of the 56th, Post 2 and Benfield of the 56th, Post 1: A BILL to amend Code Section 9-11-11.1 of the Official Code of Georgia Annotated, relating to exercise of rights of freedom of speech and right to petition government for redress of grievances, so as to further describe certain actionable acts; and for other purposes. 993 988 JOURNAL OF THE SENATE HB 1158. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st: A BILL to amend Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as probation condition, so as to change certain provisions relating to ignition interlock device limited driving permits; and for other purposes. HB 1162. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for licensing of ignition interlock device provider centers; to provide a short title; to provide for definitions; to provide for certain requirements for operators of provider centers; to provide for a misdemeanor offense; and for other purposes. HB 1229. By Representatives Barnes of the 84th, Post 2, Buckner of the 82nd, Dodson of the 84th, Post 1, Orrock of the 51st and Wix of the 33rd, Post 1: A BILL to amend Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to add a nonmerger provision for the offense of cruelty to children in the second degree; and for other purposes. HB 1268. By Representatives Snow of the 1st, Parham of the 94th, Reece of the 11th, Graves of the 106th and Amerson of the 9th: A BILL to amend Code Section 40-14-21 of the Official Code of Georgia Annotated, relating to use of traffic-control signal monitoring devices, so as to prohibit a device from producing a recorded image of the driver of a vehicle; and for other purposes. HB 1282. By Representatives Epps of the 90th and Crawford of the 91st: A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide for definitions; to change provisions relating to licensure of manufacturers, importers, and distributors; to provide for penalties related to counterfeit cigarettes; and for other purposes. 994 WEDNESDAY, FEBRUARY 25, 2004 989 HB 1358. By Representatives Martin of the 37th, Boggs of the 145th, Walker of the 115th, Campbell of the 39th, Burkhalter of the 36th and others: A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempted from inspection by members of the general public, so as to provide an exemption for certain records including identifying information for minors; to provide for disclosure of records with such information redacted; and for other purposes. HB 1390. By Representatives Birdsong of the 104th, Warren of the 99th, Elrod of the 25th, Heath of the 18th, Roberts of the 135th and others: A BILL to amend Code Section 38-4-2 of the Official Code of Georgia Annotated, relating to the powers of the Department of Veterans Service and the Veterans Service Board and the appointment of the administrator and director of the Georgia War Veterans Nursing Homes, so as to change the method of appointment of the executive directors of the veterans' homes; and for other purposes. HB 1437. By Representatives Royal of the 140th, O`Neal of the 117th, Buck of the 112th, Richardson of the 26th, Skipper of the 116th and others: A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the State and Local Tax Revision Act of 2004; to provide for a short title; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate certain provisions of federal law into Georgia law; to provide for applicability; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide that public disclosure shall not be required for records that would reveal the home address or telephone number, social security number, or insurance or medical information of employees of the Department of Revenue; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolutions of the House: HR 940. By Representatives Douglas of the 73rd, Stokes of the 72nd, Walker of the 71st, Post 1 and Sheldon of the 71st, Post 2: A RESOLUTION designating the Mayor George Merron Peters Memorial Highway; and for other purposes. 995 990 JOURNAL OF THE SENATE HR 1308. By Representatives Barnes of the 84th, Post 2, Stokes of the 72nd, Howell of the 92nd, Jones of the 38th, Sheldon of the 71st, Post 2 and others: A RESOLUTION ratifying the action of the Board of Community Affairs incorporating certain portions of certain counties into the Atlanta Regional Commission for certain purposes only; and for other purposes. The House has disagreed to the Senate amendment to the House substitute to the following Bill of the Senate: SB 157. By Senators Cheeks of the 23rd, Cagle of the 49th, Starr of the 44th and Stephens of the 51st: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 560. By Senators Hamrick of the 30th, Mullis of the 53rd, Tolleson of the 18th, Kemp of the 46th, Thomas of the 54th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits, so as to change the provisions relating to the rights of service members and their dependents to terminate a lease of premises occupied or intended to be occupied for a residential, professional, business, agricultural, or similar purpose at any time after the tenants entry into military service or at any time after the date of the tenants military orders; to provide for definitions; to provide for qualifications and restrictions; to provide for the rights and liabilities of service members and their dependents; to provide for practices, 996 WEDNESDAY, FEBRUARY 25, 2004 991 procedures, and notices; to repeal conflicting laws; and for other purposes. Referred to the Veterans and Military Affairs Committee. SB 561. By Senators Lamutt of the 21st, Shafer of the 48th, Harp of the 16th, Moody of the 27th, Zamarripa of the 36th and others: A BILL to be entitled an Act to amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, relating to electronic records and signatures, so as to provide for the acceptance of digital or electronic signatures for warranty deed by state agencies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Science and Technology Committee. SB 562. By Senators Butler of the 55th, Reed of the 35th, Stokes of the 43rd, Adelman of the 42nd, Henson of the 41st and others: A BILL to be entitled an Act to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property generally, so as to provide that after July 1, 2004, each new dwelling or dwelling unit shall be equipped with a carbon monoxide detector or alarm; to provide for standards; to provide for enforcement; to provide a penalty; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 563. By Senators Hamrick of the 30th, Seabaugh of the 28th, Harbison of the 15th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8 of the O.C.G.A., relating to buildings and standards of construction, so as to provide legislative findings; to provide for an alternative dispute mechanism to resolve disputes regarding construction defects; to provide definitions relating to construction; to provide for a written notice of claim by the claimant to the contractor; to provide for a written response by the contractor; to provide for access to dwellings for inspections and repairs; to provide for offers of settlement or repair or both; to provide immunity from liability for certain conditions; to provide for notice of a contractors right to resolve construction defects; to provide for claims by associations; to provide for related matters; to 997 992 JOURNAL OF THE SENATE provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 564. By Senators Collins of the 6th, Hall of the 22nd, Kemp of the 46th, Smith of the 52nd and Levetan of the 40th: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to provide that a social security number shall not be used by the Department of Motor Vehicle Safety as a drivers license or identification card number; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety and Homeland Security Committee. SB 565. By Senators Stokes of the 43rd, Hill of the 4th, Henson of the 41st, Adelman of the 42nd and Butler of the 55th: A BILL to be entitled an Act to amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding for local victim assistance programs, so as to provide for collection of incremental payment of fines; to provide for the payment of moneys collected to the Criminal Justice Coordinating Council and to the governing authority of the county in which the moneys are collected; to provide for the promulgation of rules by the Criminal Justice Coordinating Council; to provide for a penalty for failure to remit a payment; to require monthly financial reports; to provide for other matters relative to the forgoing; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 566. By Senators Stokes of the 43rd, Hill of the 4th, Henson of the 41st, Adelman of the 42nd and Butler of the 55th: A BILL to be entitled an Act to amend Code Section 15-21-131 of the Official Code of Georgia Annotated, relating to imposition of additional fines to fund local victim assistance programs, so as to increase the percentage of the additional penalty imposed to fund victim assistance programs from 5 percent to 8 percent; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. 998 WEDNESDAY, FEBRUARY 25, 2004 993 SR 827. By Senators Cagle of the 49th, Hudgens of the 47th, Lamutt of the 21st and Price of the 56th: A RESOLUTION creating the Senate Study Committee on the Effects of Illegal Immigration; and for other purposes. Referred to the Rules Committee. SR 828. By Senators Crotts of the 17th and Stokes of the 43rd: A RESOLUTION designating the Earl Paulk Parkway; and for other purposes. Senator Crotts of the 17th gave notice that at the proper time he would move that SR 828 be engrossed. The following House legislation was read the first time and referred to committee: HB 1026. By Representatives Buckner of the 82nd, McBee of the 74th, Crawford of the 91st, Dodson of the 84th, Post 1, Heckstall of the 48th, Post 3 and others: A BILL to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that the Secretary of State may initiate action to prevent the sale, transfer, or destruction of certain property removed from a public office or public officer or employee; to provide for definitions; to provide for certain records of public agencies or officers to be placed with the Division of Archives and History; and for other purposes. Referred to the State Institutions and Property Committee. HB 1069. By Representatives Oliver of the 56th, Post 2 and Benfield of the 56th, Post 1: A BILL to amend Code Section 9-11-11.1 of the Official Code of Georgia Annotated, relating to exercise of rights of freedom of speech and right to petition government for redress of grievances, so as to further describe certain actionable acts; and for other purposes. Referred to the Judiciary Committee. HB 1158. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st: A BILL to amend Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as probation 999 994 JOURNAL OF THE SENATE condition, so as to change certain provisions relating to ignition interlock device limited driving permits; and for other purposes. Referred to the Judiciary Committee. HB 1162. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for licensing of ignition interlock device provider centers; to provide a short title; to provide for definitions; to provide for certain requirements for operators of provider centers; to provide for a misdemeanor offense; and for other purposes. Referred to the Special Judiciary Committee. HB 1229. By Representatives Barnes of the 84th, Post 2, Buckner of the 82nd, Dodson of the 84th, Post 1, Orrock of the 51st and Wix of the 33rd, Post 1: A BILL to amend Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to add a nonmerger provision for the offense of cruelty to children in the second degree; and for other purposes. Referred to the Judiciary Committee. HB 1268. By Representatives Snow of the 1st, Parham of the 94th, Reece of the 11th, Graves of the 106th and Amerson of the 9th: A BILL to amend Code Section 40-14-21 of the Official Code of Georgia Annotated, relating to use of traffic-control signal monitoring devices, so as to prohibit a device from producing a recorded image of the driver of a vehicle; and for other purposes. Referred to the Public Safety and Homeland Security Committee. HB 1282. By Representatives Epps of the 90th and Crawford of the 91st: A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide for 1000 WEDNESDAY, FEBRUARY 25, 2004 995 definitions; to change provisions relating to licensure of manufacturers, importers, and distributors; to provide for penalties related to counterfeit cigarettes; and for other purposes. Referred to the Finance Committee. HB 1358. By Representatives Martin of the 37th, Boggs of the 145th, Walker of the 115th, Campbell of the 39th, Burkhalter of the 36th and others: A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempted from inspection by members of the general public, so as to provide an exemption for certain records including identifying information for minors; to provide for disclosure of records with such information redacted; and for other purposes. Referred to the Judiciary Committee. HB 1390. By Representatives Birdsong of the 104th, Warren of the 99th, Elrod of the 25th, Heath of the 18th, Roberts of the 135th and others: A BILL to amend Code Section 38-4-2 of the Official Code of Georgia Annotated, relating to the powers of the Department of Veterans Service and the Veterans Service Board and the appointment of the administrator and director of the Georgia War Veterans Nursing Homes, so as to change the method of appointment of the executive directors of the veterans' homes; and for other purposes. Referred to the Veterans and Military Affairs Committee. HB 1437. By Representatives Royal of the 140th, O`Neal of the 117th, Buck of the 112th, Richardson of the 26th, Skipper of the 116th and others: A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the State and Local Tax Revision Act of 2004; to provide for a short title; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate certain provisions of federal law into Georgia law; to provide for applicability; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide that public disclosure shall not be required for records that would reveal the home address or telephone number, social security number, or insurance or medical information of employees of the Department of Revenue; and for other purposes. Referred to the Finance Committee. 1001 996 JOURNAL OF THE SENATE HR 940. By Representatives Douglas of the 73rd, Stokes of the 72nd, Walker of the 71st, Post 1 and Sheldon of the 71st, Post 2: A RESOLUTION designating the Mayor George Merron Peters Memorial Highway; and for other purposes. Referred to the Transportation Committee. HR 1308. By Representatives Barnes of the 84th, Post 2, Stokes of the 72nd, Howell of the 92nd, Jones of the 38th, Sheldon of the 71st, Post 2 and others: A RESOLUTION ratifying the action of the Board of Community Affairs incorporating certain portions of certain counties into the Atlanta Regional Commission for certain purposes only; and for other purposes. Referred to the State and Local Governmental Operations (General) 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 626 Do Pass HB 1415 Do Pass Mr. President: SB 501 Do Pass Respectfully submitted, Senator Cagle of the 49th District, Chairman The Reapportionment and Redistricting Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 108 Do Pass Respectfully submitted, Senator Price of the 56th District, Chairman The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 1002 WEDNESDAY, FEBRUARY 25, 2004 997 February 24, 2004 Mr. Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Frank: This is to authorize Senator Meyer von Bremen, Vice-Chairman of the Special Judiciary Committee, to chair the Special Judiciary Committee scheduled for February 24, 2004 in my absence. Sincerely, Mr. President: /s/ Rene' D. Kemp Chairman Special Judiciary Committee 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: SB 424 SB 508 Do Pass Do Pass Mr. President: Respectfully submitted, Senator Meyer von Bremen of the 12th District, Vice Chairman The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 114 SB 490 SB 549 Do Pass Do Pass Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman 1003 998 JOURNAL OF THE SENATE Mr. President: The Transportation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1254 HR 398 HR 1191 SB 553 Do Pass Do Pass Do Pass Do Pass SR 668 SR 781 SR 787 SR 797 Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Williams of the 19th District, Chairman The following legislation was read the second time: HB 1095 HB 1278 HB 1320 HR 985 SB 447 SB 478 SB 504 SB 510 SB 529 SB 541 Senator Stokes of the 43rd asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused. Senator Moody of the 27th asked unanimous consent that Senator Harp of the 16th be excused. The consent was granted, and Senator Harp was excused. Senator Johnson of the 1st asked unanimous consent that Senator Thomas of the 2nd be excused. The consent was granted, and Senator Thomas was excused. Senator Hall of the 22nd asked unanimous consent that Senator Lamutt of the 21st be excused. The consent was granted, and Senator Lamutt was excused. Senator Smith of the 25th asked unanimous consent that Senator Blitch of the 7th be excused. The consent was granted, and Senator Blitch was excused. Senator Smith of the 25th asked unanimous consent that Senator Zamarripa of the 36th be excused. The consent was granted, and Senator Zamarripa was excused. Senator Kemp of the 46th asked unanimous consent that Senator Lee of the 29th be excused. The consent was granted, and Senator Lee 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. 1004 WEDNESDAY, FEBRUARY 25, 2004 999 The roll was called and the following Senators answered to their names: Adelman Balfour Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Collins Crotts Dean Gillis Hall Hamrick Harbison Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Kemp,R 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 Tolleson Unterman Williams Not answering were Senators: Blitch (Excused) Harp (Excused) Thomas, R (Excused) Fort Lamutt (Excused) Thompson (Excused) Golden (Excused) Lee (Excused) Zamarripa (Excused) The members pledged allegiance to the flag. Senator Butler of the 55th introduced the chaplain of the day, Reverend Karl D. Moore of Clarkston, Georgia, who offered scripture reading and prayer. The following resolution was read and adopted: SR 826. By Senator Hooks of the 14th: A RESOLUTION commending Captain Grover M. Barfield; and for other purposes. Senator Clay of the 37th introduced the doctor of the day, Dr. John Kayal. Senator Kemp of the 46th asked unanimous consent that Senator Tolleson of the 18th be excused. The consent was granted, and Senator Tolleson was excused. Senator Williams of the 19th asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill was excused. 1005 1000 JOURNAL OF THE SENATE Senator Hudgens of the 47th asked unanimous consent that Senator Moody of the 27th be excused. The consent was granted, and Senator Moody was excused. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday, February 25, 2004 Twenty-fifth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 549 Mullis of the 53rd DADE COUNTY A BILL to be entitled an Act to amend an Act creating the board of commissioners of Dade County, approved April 4, 1991 (Ga. L. 1991, p. 3893), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5339), so as to revise the districts for the election of members of the board; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Harbison E Harp Y Henson E Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R E Lamutt E Lee Y Levetan Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Stephens Y Stokes Y Tanksley Tate Y Thomas,D Y Thomas,N E Thomas,R 1006 WEDNESDAY, FEBRUARY 25, 2004 1001 Y Dean Y Fort Y Gillis E Golden Y Hall Y Hamrick Y Me V Bremen E Moody Y Mullis Y Price Y Reed Y Seabaugh E Thompson E Tolleson Y Unterman Y Williams E Zamarripa On the passage of the local legislation, the yeas were 43, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The time having arrived for the motion, Senator Crotts of the 17th asked unanimous consent that the following resolution be engrossed: SR 828. By Senators Crotts of the 17th and Stokes of the 43rd: A RESOLUTION designating the Earl Paulk Parkway; and for other purposes. The consent was granted and SR 828 was engrossed. The President referred SR 828 to the Transportation Committee. SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 25, 2004 TWENTY-FIFTH LEGISLATIVE DAY SB 408 Licensed Physicians; volunteering for state, county, etc.; immune from liability (Substitute)(JUDY-24th) SR 680 Scope of Chiropractic Practice; Senate Study Committee; create (Amendment)(H&HS-24th) 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 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 1007 1002 JOURNAL OF THE SENATE 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 Senate Judiciary Committee offered the following substitute to SB 408: A BILL TO BE ENTITLED AN ACT To amend Code Section 35-1-7 of the Official Code of Georgia Annotated, relating to the liability of law enforcement officers performing duties at the scene of an emergency, so as to include certain physicians within the definition of law enforcement officers under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 35-1-7 of the Official Code of Georgia Annotated, relating to the liability of law enforcement officers performing duties at the scene of an emergency, is amended by striking the Code section and inserting in lieu thereof the following: "35-1-7. A law enforcement officer shall not be liable at law for any action or actions done while performing any duty at the scene of an emergency except for gross negligence, willful or wanton misconduct, or malfeasance. As used in this Code section, the term 'law enforcement officer' means any peace officer who is employed by this state or any political subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give his or her full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include sheriffs and deputy sheriffs. Such term shall also include any physician licensed under Chapter 34 of Title 43 who volunteers to assist law enforcement officers while law enforcement officers are engaged in tactical operations whether the physician volunteer is working with or without compensation." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senators Price of the 56th, Unterman of the 45th, Thomas of the 54th, Tolleson of the 18th and Cagle of the 49th offered the following amendment # 1: Amend the Senate Judiciary Committee substitute to SB 408 by inserting before the period on line 21 of page 1 the following: ", or who renders medical care or treatment to a patient who presents to a hospital with 1008 WEDNESDAY, FEBRUARY 25, 2004 1003 an emergency medical condition at an unscheduled visit until the patient is fully stabilized or 24 hours has lapsed after the patient presents to the hospital". Senator Cheeks of the 23rd offered the following amendment # 1a: Amend amendment #1 (AM 29 0242) to SB 408 by on line 4 after word "renders" add "voluntarily without compensation" Senator Balfour of the 9th moved the previous question. Senator Tanksley of the 32nd requested a ruling of the Chair as to the germaneness of amendments # 1 and # 1a. The President ruled the amendments not germane. Senator Unterman of the 45th appealed the ruling of the Chair. The Senate Parliamentarian, President Pro Tempore Johnson of the 1st, concurred with the ruling of the Chair. Senator Unterman of the 45th appealed the ruling of the President Pro Tempore. On the motion to sustain the ruling of the President Pro Tempore, a roll call was taken, and the vote was as follows: Y Adelman N Balfour E Blitch Y Bowen Y Brown Y Brush N Bulloch Y Butler N Cagle Y Cheeks N Clay N Collins Crotts Y Dean Y Fort Y Gillis E Golden Y Hall Y Harbison E Harp Y Henson N Hill Hooks N Hudgens Y Jackson Y Johnson N Kemp,B Y Kemp,R E Lamutt E Lee N Levetan Y Me V Bremen E Moody N Mullis N Price Y Reed Y Seay Y Shafer Y Smith,F N Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N E Thomas,R E Thompson N Tolleson N Unterman N Williams E Zamarripa 1009 1004 JOURNAL OF THE SENATE N Hamrick N Seabaugh On the appeal, the yeas were 27, nays 18, the motion lost; and the ruling of the President Pro Tempore was not sustained. Senator Thomas of the 10th asked that the Senate reconsider its action in failing to sustain the ruling of the President Pro Tempore. On the motion to reconsider, a roll call was taken, and the vote was as follows: Y Adelman N Balfour E Blitch Y Bowen Y Brown Y Brush N Bulloch Y Butler N Cagle Y Cheeks Y Clay N Collins Crotts Y Dean Y Fort Y Gillis E Golden Y Hall N Hamrick Y Harbison E Harp Y Henson N Hill Hooks N Hudgens Y Jackson Y Johnson N Kemp,B Y Kemp,R E Lamutt E Lee N Levetan Y Me V Bremen E Moody N Mullis N Price Y Reed N Seabaugh Y Seay Y Shafer Y Smith,F N Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N E Thomas,R E Thompson N Tolleson N Unterman N Williams E Zamarripa On the motion, the yeas were 28, nays 17, and the motion to reconsider lost. Senator Unterman withdrew her appeal and amendments # 1 and # 1a were not germane. Senator Smith of the 52nd offered the following amendment # 2: Amend the Committee Substitute (LC 29 1283S) to SB 408 by deleting on page 1, line 18 the word "term" and inserting in lieu thereof the word "immunity" and by deleting on page 1, line 18 the word "include" and inserting in lieu thereof the words "extend to" Senator Smith of the 52nd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment was withdrawn. 1010 WEDNESDAY, FEBRUARY 25, 2004 1005 On the adoption of the substitute, the yeas were 41, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis E Golden Y Hall Y Hamrick Y Harbison E Harp Y Henson Y Hill Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R E Lamutt E Lee Y Levetan Y Me V Bremen E 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 E Thomas,R E Thompson Y Tolleson Y Unterman Y Williams E Zamarripa On the passage of the bill, the yeas were 46, nays 0. SB 408, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: SB 157. By Senators Cheeks of the 23rd, Cagle of the 49th, Stephens of the 51st and Starr of the 44th: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to 1011 1006 JOURNAL OF THE SENATE define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Cheeks of the 23rd moved that the Senate insist on its amendment to the House substitute to SB 157. On the motion, the yeas were 37, nays 3; the motion prevailed, and the Senate insisted on its amendment to the House substitute to SB 157. The Calendar was resumed. 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. The Senate Health and Human Services Committee offered the following amendment: Amend SR 680 by striking the word "ten" and inserting in lieu thereof the word "five" on line 23 of page 1. On the adoption of the amendment, the yeas were 39, nays 0, and the committee amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Balfour E Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Harbison E Harp Y Henson Y Hill Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R E Lamutt 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 1012 WEDNESDAY, FEBRUARY 25, 2004 1007 Y Collins Y Crotts Y Dean Y Fort Y Gillis E Golden Y Hall Y Hamrick E Lee Y Levetan Y Me V Bremen E Moody Y Mullis Y Price Y Reed Y Seabaugh Y Thomas,N E Thomas,R E Thompson Y Tolleson Y Unterman Y Williams E Zamarripa On the adoption of the resolution, the yeas were 45, nays 0. SR 680, having received the requisite constitutional majority, was adopted as amended. Senator Stephens of the 51st moved that the Senate adjourn until 1:00 p.m., Thursday, February 26, 2004. The motion prevailed, and the President announced the Senate adjourned at 1:04 p.m. 1013 1008 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, February 26, 2004 Twenty-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 834. By Representatives Wilkinson of the 41st, Stephens of the 123rd, Keen of the 146th, Jackson of the 124th, Post 1 and Bordeaux of the 125th: A BILL to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to place of return of motor vehicles and mobile homes, so as to define a term; to provide that a motor vehicle shall be returned in the county where the motor vehicle is functionally located; and for other purposes. HB 838. By Representatives Hill of the 147th, Keen of the 146th, Mills of the 67th, Post 2, Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and others: A BILL to amend Code Section 47-2-266 of the Official Code of Georgia Annotated, relating to certain judicial employees' membership in the Employees' Retirement System of Georgia and contributions, so as to provide that a person who is a member of such retirement system because of employment as a court administrator may obtain up to four years of creditable service for prior service as a full-time law clerk for a judicial circuit; and for other purposes. 1014 THURSDAY, FEBRUARY 26, 2004 1009 HB 1034. By Representative Snow of the 1st: A BILL to amend Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Employees' Retirement System of Georgia, so as to change the method of computing the maximum compensation that a member receiving a disability benefit may earn without affecting the benefit; and for other purposes. HB 1228. By Representatives Smith of the 87th, Powell of the 23rd, DeLoach of the 127th and Boggs of the 145th: A BILL to amend Code Section 21-2-261.1 of the Official Code of Georgia Annotated, relating to boundary requirements for precincts, so as to authorize the use of the boundaries of a gated community or planned unit development as the boundaries of a precinct; and for other purposes. HB 1299. By Representatives Bruce of the 45th, Willard of the 40th, Walker of the 115th, Thomas Morgan of the 33rd, Post 2, Stokes of the 72nd and others: A BILL to amend Chapter 18 of Title 15 and Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating respectively to prosecuting attorneys and pretrial proceedings, so as to provide for juvenile justice reforms; to provide training programs for prosecuting attorneys; to provide for certain facilities that are detaining certain children to notify certain officials of the detention; to provide for procedures related to jurisdiction and indictment for children charged with crimes; and for other purposes. HB 1300. By Representatives Powell of the 23rd, Boggs of the 145th, Burmeister of the 96th and DeLoach of the 127th: A BILL to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to prohibit persons from contracting with any other person to perform utility contracting work unless such other person is properly licensed; to provide that persons holding utility manager and utility foreman certificates must provide proof of completion of a course in safety training every two years; and for other purposes. 1015 1010 JOURNAL OF THE SENATE HB 1352. By Representatives Wix of the 33rd, Post 1, Rogers of the 20th and Lucas of the 105th: A BILL to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Utility Facility Protection Act," so as to revise procedures for the protection of utility facilities from damage from excavating and blasting; to define and redefine terms; to change provisions relating to utility owners' and operators' responsibilities with respect to locating and marking of facilities; and for other purposes. HB 1430. By Representatives Sinkfield of the 50th, Lucas of the 105th, Reece of the 11th, Hugley of the 113th, Orrock of the 51st and others: A BILL to amend Code Section 46-4-160 of the Official Code of Georgia Annotated, relating to the authority of the Public Service Commission regarding certificated marketers, access to books and records, investigations and hearings price summary, billing, violations, and slamming, so as to provide for a specific period of time from the mailing or posting of a bill for natural gas before the application of late fees or penalties on a consumer; and for other purposes. HB 1459. By Representatives Borders of the 142nd, Jamieson of the 22nd, Porter of the 119th, Keen of the 146th, Williams of the 4th and others: A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding compensation of dealers for reporting and paying sales and use taxes and motor fuel taxes; to change certain provisions regarding the levy of motor fuel taxes; to change certain provisions regarding licensing of certain fuel or gas distributors; and for other purposes. HB 1569. By Representative Cummings of the 19th: A BILL to provide a new charter for the City of Rockmart; and for other purposes. HB 1571. By Representative Elrod of the 25th: A BILL to amend an Act creating the Nicholson Water Authority, so as to amend certain provisions relating to the appointment and compensation of members of the authority; and for other purposes. 1016 THURSDAY, FEBRUARY 26, 2004 1011 HB 1572. By Representative Jenkins of the 8th: A BILL to amend an Act reincorporating the City of Dillard, so as to change and extend the corporate limits of the city; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 567. By Senator Smith of the 25th: A BILL to be entitled an Act to amend Code Section 16-13-32.6 of the Official Code of Georgia Annotated, relating to drug-free commercial zones and punishment of unlawful conduct therein, so as to adopt and incorporate all drug-free commercial zones that have been adopted by counties and municipalities and registered with the Department of Community Affairs on or before a certain date; 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 568. By Senators Balfour of the 9th, Collins of the 6th, Shafer of the 48th, Brush of the 24th, Hall of the 22nd and others: A BILL to be entitled an Act to amend Chapter 15 of Title 12 of the Official Code of Georgia Annotated, relating to sewage holding tanks, so as to provide for regulation of removal, transport, and disposal of certain waste removed from grease interceptors, sand traps, oil-water separators, or grit traps that are not connected to on-site sewage management systems; to define certain terms; to provide for rules and regulations; to provide for enforcement; to provide penalties for violations; to provide for more restrictive local ordinances; to provide for related editorial revisions; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 569. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to change certain provisions relating to permits and authorization to contract for investigation, survey, or recovery operations and 1017 1012 JOURNAL OF THE SENATE renewal and revocation of permits; to authorize deadhead logging operations under certain conditions; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 570. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 44-12-300 of the Official Code of Georgia Annotated, relating to tribes, bands, groups, or communities recognized by the state as legitimate American Indian Tribes, so as to recognize the Southeastern Cherokee Council, Inc.; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 571. By Senators Cheeks of the 23rd, Brush of the 24th and Hall of the 22nd: 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 repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 572. By Senator Williams of the 19th: A BILL to be entitled an Act to amend Chapter 13 of Title 4 of the Official Code of Georgia Annotated, relating to humane care for equines, so as to redefine a certain term; to change certain provisions relating to inspection warrants, impoundment authorization, and examination; to change certain provisions relating to a duty to care for impounded equines, lien, and return to owner; to restrict the issuance of statements by the Commissioner of Agriculture or employees of the Department of Agriculture concerning certain alleged violations; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 573. By Senator Johnson of the 1st: A BILL to be entitled an Act to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local five mill share funds, so as to 1018 THURSDAY, FEBRUARY 26, 2004 1013 provide that certain exemptions from ad valorem taxation for school purposes granted by local law shall be included in the calculation of the five mill share; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Education Committee. SB 574. By Senators Squires of the 5th and Thomas of the 54th: A BILL to be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to exempt certain facilities, buildings, and other portions of health care facilities in which only nonclinical health services are provided or performed from certificate of need requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SR 829. By Senators Hamrick of the 30th and Dean of the 31st: A RESOLUTION designating the Billy Jiles Memorial Highway; and for other purposes. Senator Hamrick of the 30th gave notice that at the proper time he would ask that SR 829 be engrossed. SR 836. 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. Senator Dean of the 31st gave notice that at the proper time he would ask that SR 836 be engrossed. The following House legislation was read the first time and referred to committee: HB 834. By Representatives Wilkinson of the 41st, Stephens of the 123rd, Keen of the 146th, Jackson of the 124th, Post 1 and Bordeaux of the 125th: A BILL to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to place of return of motor vehicles and mobile homes, so as to define a term; to provide that a motor vehicle shall be returned in the 1019 1014 JOURNAL OF THE SENATE county where the motor vehicle is functionally located; and for other purposes. Referred to the Public Safety and Homeland Security Committee. HB 838. By Representatives Hill of the 147th, Keen of the 146th, Mills of the 67th, Post 2, Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and others: A BILL to amend Code Section 47-2-266 of the Official Code of Georgia Annotated, relating to certain judicial employees' membership in the Employees' Retirement System of Georgia and contributions, so as to provide that a person who is a member of such retirement system because of employment as a court administrator may obtain up to four years of creditable service for prior service as a full-time law clerk for a judicial circuit; and for other purposes. Referred to the Retirement Committee. HB 1034. By Representative Snow of the 1st: A BILL to amend Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Employees' Retirement System of Georgia, so as to change the method of computing the maximum compensation that a member receiving a disability benefit may earn without affecting the benefit; and for other purposes. Referred to the Retirement Committee. HB 1228. By Representatives Smith of the 87th, Powell of the 23rd, DeLoach of the 127th and Boggs of the 145th: A BILL to amend Code Section 21-2-261.1 of the Official Code of Georgia Annotated, relating to boundary requirements for precincts, so as to authorize the use of the boundaries of a gated community or planned unit development as the boundaries of a precinct; and for other purposes. Referred to the Reapportionment and Redistricting Committee. HB 1299. By Representatives Bruce of the 45th, Willard of the 40th, Walker of the 115th, Thomas Morgan of the 33rd, Post 2, Stokes of the 72nd and others: A BILL to amend Chapter 18 of Title 15 and Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating respectively to prosecuting 1020 THURSDAY, FEBRUARY 26, 2004 1015 attorneys and pretrial proceedings, so as to provide for juvenile justice reforms; to provide training programs for prosecuting attorneys; to provide for certain facilities that are detaining certain children to notify certain officials of the detention; to provide for procedures related to jurisdiction and indictment for children charged with crimes; and for other purposes. Referred to the Judiciary Committee. HB 1300. By Representatives Powell of the 23rd, Boggs of the 145th, Burmeister of the 96th and DeLoach of the 127th: A BILL to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to prohibit persons from contracting with any other person to perform utility contracting work unless such other person is properly licensed; to provide that persons holding utility manager and utility foreman certificates must provide proof of completion of a course in safety training every two years; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1352. By Representatives Wix of the 33rd, Post 1, Rogers of the 20th and Lucas of the 105th: A BILL to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Utility Facility Protection Act," so as to revise procedures for the protection of utility facilities from damage from excavating and blasting; to define and redefine terms; to change provisions relating to utility owners' and operators' responsibilities with respect to locating and marking of facilities; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1430. By Representatives Sinkfield of the 50th, Lucas of the 105th, Reece of the 11th, Hugley of the 113th, Orrock of the 51st and others: A BILL to amend Code Section 46-4-160 of the Official Code of Georgia Annotated, relating to the authority of the Public Service Commission regarding certificated marketers, access to books and records, investigations and hearings price summary, billing, violations, and slamming, so as to provide for a specific period of time from the mailing or posting of a bill for natural gas 1021 1016 JOURNAL OF THE SENATE before the application of late fees or penalties on a consumer; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1459. By Representatives Borders of the 142nd, Jamieson of the 22nd, Porter of the 119th, Keen of the 146th, Williams of the 4th and others: A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding compensation of dealers for reporting and paying sales and use taxes and motor fuel taxes; to change certain provisions regarding the levy of motor fuel taxes; to change certain provisions regarding licensing of certain fuel or gas distributors; and for other purposes. Referred to the Finance Committee. HB 1569. By Representative Cummings of the 19th: A BILL to provide a new charter for the City of Rockmart; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1571. By Representative Elrod of the 25th: A BILL to amend an Act creating the Nicholson Water Authority, so as to amend certain provisions relating to the appointment and compensation of members of the authority; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1572. By Representative Jenkins of the 8th: A BILL to amend an Act reincorporating the City of Dillard, so as to change and extend the corporate limits of the city; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: 1022 THURSDAY, FEBRUARY 26, 2004 1017 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 1180 Do Pass by substitute Respectfully submitted, Senator Hill of the 4th District, Chairman Mr. President: The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 422 SB 551 Do Pass as amended Do Pass as amended Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 532 SB 555 Do Pass Do Pass Respectfully submitted, Senator Tanksley of the 32nd District, Chairman Mr. President: The Public Safety and Homeland Security Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 217 HB 239 HB 1113 Do Pass by substitute Do Pass as amended Do Pass SB 302 SB 525 SB 542 Do Pass Do Pass by substitute Do Pass as amended 1023 1018 JOURNAL OF THE SENATE HB 1253 Do Pass SR 574 SR 802 Do Pass Do Pass Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 330 SR 671 SR 672 SR 728 Do Pass Do Pass Do Pass Do Pass SR 729 SR 730 SR 786 Do Pass Do Pass Do Pass Respectfully submitted, Senator Balfour of the 9th District, Chairman Mr. President: The Science and Technology Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 39 SB 561 Do Pass by substitute Do Pass Respectfully submitted, Senator Shafer of the 48th District, Chairman The following legislation was read the second time: HB 114 HB 1254 HB 1415 HR 398 HR 1191 SB 424 SB 490 SB 501 SB 508 SB 553 SR 108 SR 668 SR 781 SR 787 SR 797 Senator Moody of the 27th asked unanimous consent that Senator Harp of the 16th be excused. The consent was granted, and Senator Harp was excused. Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Stokes of the 43rd be excused. The consent was granted, and Senator Stokes was excused. Senator Smith of the 25th asked unanimous consent that Senator Squires of the 5th be excused. The consent was granted, and Senator Squires was excused. 1024 THURSDAY, FEBRUARY 26, 2004 1019 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 Cheeks of the 23rd asked unanimous consent that the call of the roll be dispensed with. The consent was granted, and the roll call was dispensed with. The members pledged allegiance to the flag. Senator Tate of the 38th introduced the chaplain of the day, Reverend Stephen Delaine of Atlanta, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 830. By Senator Hooks of the 14th: A RESOLUTION honoring Billie Ann Wills, Ms. Wheelchair Georgia for 2004; and for other purposes. SR 831. By Senator Dean of the 31st: A RESOLUTION commending the State University of West Georgia Cheerleading Teams; and for other purposes. SR 832. By Senator Dean of the 31st: A RESOLUTION commending Firefighter Chad King; and for other purposes. SR 833. By Senator Dean of the 31st: A RESOLUTION commending Nellie Duke, recipient of the Georgia Commission on Women's Magnolia Leadership Award; and for other purposes. SR 834. By Senator Thomas of the 10th: A RESOLUTION commending Thea Dix; and for other purposes. SR 835. By Senator Jackson of the 50th: A RESOLUTION to recognize and declare May 2004 as Osteoporosis Month in Georgia; and for other purposes. The time having arrived for the motion, Senator Dean of the 31st asked unanimous consent that the following resolution be engrossed: 1025 1020 JOURNAL OF THE SENATE SR 836. 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. The consent was granted and SR 836 was engrossed. The President referred SR 836 to the Transportation Committee. The time having arrived for the motion, Senator Hamrick of the 30th asked unanimous consent that the following resolution be engrossed: SR 829. By Senators Hamrick of the 30th and Dean of the 31st: A RESOLUTION designating the Billy Jiles Memorial Highway; and for other purposes. The consent was granted and SR 829 was engrossed. The President referred SR 829 to the Transportation Committee. Senator Kemp of the 46th asked unanimous consent that Senator Clay of the 37th be excused. The consent was granted, and Senator Clay was excused. Senator Mullis of the 53rd asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused. SENATE RULES CALENDAR THURSDAY, FEBRUARY 26, 2004 TWENTY-SIXTH LEGISLATIVE DAY SB 529 State-wide Reserve Ratio; employer contribution; extend suspension of surcharge (I&L-21st) SB 478 Marriage; application of license; State Office of Vital Records; revisions (Amendment)(H&HS-54th) SB 510 Community Affairs, Dept.; Sec. 8 housing fraud; provide investigative powers (JUDY-52nd) SB 541 Voters; application for fishing, hunting serve as registration; procedures (NR&E-52nd) 1026 THURSDAY, FEBRUARY 26, 2004 1021 SB 439 Criminal reproduction; film piracy; immunity for detention due to suspicion (Substitute)(JUDY-28th) SB 486 State Personnel Board; special pay plan for deferred payment; define terms (FIN-28th) SB 449 Registered Public Accountants; certification as CPA; repeal certain provisions (RI&Util-28th) SB 531 Industry, Trade, and Tourism, Dept; acquire personal property; general prov. (ED&T-28th) SB 504 Insurance Commissioner; authorized representatives; immunities from liabilities (I&L-28th) SB 507 Ga. Smokefree Air Act; prohibit smoking in certain facilities/areas; penalties (Substitute)(H&HS-54th) 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 529. By Senators Lamutt of the 21st, Golden of the 8th and Stephens of the 51st: A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to extend the suspension of the surcharge on the employer contribution rate based upon the State-wide Reserve Ratio; 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 Harbison E Harp Y Henson Hill Y Hooks Y Hudgens Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr 1027 1022 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Stephens E Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman E Williams Zamarripa On the passage of the bill, the yeas were 48, nays 0. SB 529, having received the requisite constitutional majority, was passed. 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. The Senate Health and Human Services Committee offered the following amendment: Amend SB 478 by adding after the word "court" on line 21 of page 10 "or juvenile court". On the adoption of the amendment, the yeas were 35, nays 0, and the committee amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. 1028 THURSDAY, FEBRUARY 26, 2004 1023 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison E Harp Y Henson Y Hill Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens E 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 478, having received the requisite constitutional majority, was passed as amended. Senator Tolleson of the 18th asked unanimous consent that Senator Crotts of the 17th be excused. The consent was granted, and Senator Crotts was excused. SB 510. By Senators Harp of the 16th, Smith of the 52nd, Williams of the 19th, Kemp of the 46th, Clay of the 37th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Community Affairs, so as to require the Department of Community Affairs to investigate and refer for prosecution cases of Section 8 housing fraud and abuse; to provide for administrative and civil remedies; to provide for certain investigative powers; to provide for pretrial diversion under certain circumstances for persons accused of Section 8 fraud or abuse; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 1029 1024 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks E Clay Y Collins E Crotts N Dean Fort Y Gillis N Golden Y Hall Y Hamrick Y Harbison E Harp N Henson Hill Y Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B N 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 N Smith,F Y Smith,P Y Squires N Starr Y Stephens E Stokes Y Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa On the passage of the bill, the yeas were 31, nays 19. SB 510, having received the requisite constitutional majority, was passed. Senator Hall of the 22nd introduced the doctor of the day, Dr. Mark Newton. The Calendar was resumed. SB 541. By Senators Smith of the 52nd, Gillis of the 20th, Mullis of the 53rd, Meyer von Bremen of the 12th and Bulloch of the 11th: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that certain applications for resident hunting, fishing, or trapping licenses shall also serve as applications for voter registration; to provide for procedures and administration related thereto; to change certain provisions relating to application for registration; to repeal conflicting laws; and for other purposes. 1030 THURSDAY, FEBRUARY 26, 2004 1025 Senator Smith of the 52nd asked unanimous consent that SB 541 be committed to the Senate Natural Resources and the Environment Committee. The consent was granted, and SB 541 was committed to the Senate Natural Resources and the Environment Committee. Senator Butler of the 55th asked unanimous consent that Senator Thomas of the 10th be excused. The consent was granted, and Senator Thomas was excused. 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. The Senate Judiciary Committee offered the following substitute to SB 439: 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 standards of liability 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, is amended by adding a new Code section to the end of the article to read as follows: "16-8-62. (a) As used in this Code section, the term: (1) 'Audiovisual recording device' means any device capable of recording or transmitting a motion picture, or any part thereof, using any technology now known 1031 1026 JOURNAL OF THE SENATE or later developed. (2) 'Facility' shall not include a personal residence. (b) Any person who knowingly operates the recording function of an audiovisual recording device while a motion picture is being exhibited, without the consent of the owner, operator, or lessee of the exhibition facility and of the licensor of the motion picture being exhibited, shall be guilty of film piracy. (c) The provisions of this Code section shall not be construed to prevent any lawfully authorized investigative, law enforcement, or intelligence personnel of the state or federal government from operating any audiovisual recording device in a facility where a motion picture is being exhibited as part of their official duties or activities. (d) This Code section is not applicable to a person who operates an audiovisual recording device in a retail establishment solely to demonstrate the use of the device for sales purposes. (e) A prosecution under this Code section shall not preclude obtaining any other civil or criminal remedy under any other provision of law. (f) Violation of this Code section is a misdemeanor of a high and aggravated nature and punishable upon conviction as provided in Code Section 17-10-4. A second or subsequent conviction for violation of this Code section shall be punishable as a felony." SECTION 2. Article 4 of Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to detention or arrest on suspicion of shoplifting, is amended by adding a new Code section to the end of the article to read as follows: "51-7-62 Whenever the owner, operator, or lessee of a motion picture exhibition facility or any agent or employee of the owner, operator, or lessee detains, arrests, or causes to be detained or arrested any person reasonably thought to be engaged in film piracy in violation of Code Section 16-8-62 and, as a result of the detention or arrest, the person so detained or arrested brings an action for false arrest or false imprisonment against the owner, operator, lessee, agent, or employee, no recovery shall be had by the plaintiff in such action where it is established by competent evidence: (1) That the plaintiff had so conducted himself or herself or behaved in such manner as to cause a person of reasonable prudence to believe that the plaintiff, at or immediately prior to the time of the detention or arrest, was committing the offense of film piracy, as defined by Code Section 16-8-62; or (2) That the manner of the detention or arrest and the length of time during which such plaintiff was detained was under all the circumstances reasonable." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 1032 THURSDAY, FEBRUARY 26, 2004 1027 On the adoption of the substitute, the yeas were 40, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison E Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens E Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. SB 439, having received the requisite constitutional majority, was passed by substitute. Senator Hall of the 22nd asked unanimous consent that Senator Tolleson of the 18th be excused. The consent was granted, and Senator Tolleson was excused. SB 486. By Senators Seabaugh of the 28th, Hudgens of the 47th, Balfour of the 9th and Meyer von Bremen of the 12th: 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 1033 1028 JOURNAL OF THE SENATE provide for limitations; 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 Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison E Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens E Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N N Thomas,R Y Thompson E Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 1. SB 486, having received the requisite constitutional majority, was passed. 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 1034 THURSDAY, FEBRUARY 26, 2004 1029 matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison E Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens E Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson E Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. SB 449, having received the requisite constitutional majority, was passed. SB 531. By Senators Seabaugh of the 28th, Mullis of the 53rd and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the Department of Industry, Trade, and Tourism, so as to authorize the Department of Industry, Trade, and Tourism to acquire personal property with no mandatory requirement that the department proceed through the Department of Administrative Services; to provide for certain other procedures, conditions, qualifications, limitations, and restrictions; to provide for certain exemptions from Chapter 13 of Title 50, the "Georgia 1035 1030 JOURNAL OF THE SENATE Administrative Procedure Act"; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison E Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens E Stokes Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 50, nays 0. SB 531, having received the requisite constitutional majority, was passed. 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. 1036 THURSDAY, FEBRUARY 26, 2004 1031 Senator Thomas of the 2nd asked unanimous consent that SB 504 be committed to the Senate Insurance and Labor Committee. Senator Seabaugh of the 28th objected. Senator Seabaugh of the 28th removed his objection. The consent was granted, and SB 504 was committed to the Senate Insurance and Labor Committee. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House insists on its position in disagreeing to the Senate amendment, to the House substitute, to the following Bill of the Senate: SB 157. By Senators Cheeks of the 23rd, Cagle of the 49th, Starr of the 44th and Stephens of the 51st: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider House action thereto: SB 157. By Senators Cheeks of the 23rd, Cagle of the 49th, Stephens of the 51st, and Starr of the 44th: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to 1037 1032 JOURNAL OF THE SENATE provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Cheeks of the 23rd asked unanimous consent that the Senate adhere to its amendment to the House substitute to SB 157 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Cheeks of the 23rd, Hall of the 22nd and Lee of the 29th. Senator Stephens of the 51st moved that the Senate stand in recess until 5:00 p.m. and stand adjourned pursuant to HR 1400, until 1:00 p.m., Monday, March 1, 2004. The President announced the motion prevailed at 2:56 p.m. The Senate adjourned at 5:00 p.m. 1038 MONDAY, MARCH 1, 2004 1033 Senate Chamber, Atlanta, Georgia Monday, March 1, 2004 Twenty-seventh 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 1373. By Representatives Greene of the 134th, Hanner of the 133rd, Sholar of the 141st, Post 1 and Broome of the 141st, Post 2: A BILL to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the term of court in Clay, Miller, and Randolph counties in the Pataula Circuit; and for other purposes. HB 1441. By Representatives Jones of the 38th, Hill of the 81st, Campbell of the 39th, Dix of the 70th, Post 2 and Burkhalter of the 36th: A BILL to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to create a new offense relative to trafficking in 3, 4methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine, commonly known as ecstacy; and for other purposes. HB 1445. By Representatives Birdsong of the 104th, Warren of the 99th, Roberts of the 135th, Heath of the 18th, Heckstall of the 48th, Post 3 and others: A BILL to amend Code Section 43-12-2 of the Official Code of Georgia 1039 1034 JOURNAL OF THE SENATE Annotated, relating to qualifications for an exemption from occupation taxes, administrative fees, and regulatory fees, so as to provide for certain duties of the Department of Veterans Service; and for other purposes. HB 1446. By Representatives Birdsong of the 104th, Warren of the 99th, Roberts of the 135th, Heath of the 18th, Heckstall of the 48th, Post 3 and others: A BILL to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to homestead exemption by qualified disabled veterans, filing requirements, periodic substantiation of eligibility, and persons eligible without application, so as to change references to the maximum exemption allowable; and for other purposes. HB 1455. By Representatives Buck of the 112th, Smyre of the 111th, Hugley of the 113th and Buckner of the 109th: A BILL to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for a continuance or postponement where a party or attorney is presiding as a judge or recorder in another court; and for other purposes. HB 1549. By Representatives Bridges of the 7th, O`Neal of the 117th, Purcell of the 122nd, Burkhalter of the 36th, Buck of the 112th and others: A BILL 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 supporting Rotary International; and for other purposes. HB 1585. By Representatives Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Richardson of the 26th, Dollar of the 31st, Wilkinson of the 41st and others: A BILL to amend an Act making provisions for the Magistrate Court of Cobb County, so as to provide for the compensation of the chief magistrate of said court; and for other purposes. HB 1589. By Representatives Hill of the 81st, Jordan of the 83rd, Heckstall of the 48th, Post 3, Mosby of the 59th, Post 3, Fludd of the 48th, Post 4 and others: A BILL to provide that the governing authority of Clayton County shall hold a nonbinding referendum asking the electors whether law enforcement 1040 MONDAY, MARCH 1, 2004 1035 services should be consolidated under the office of the sheriff; and for other purposes. HB 1590. By Representatives Cummings of the 19th and Heath of the 18th: A BILL to amend an Act providing a new charter for the City of Cedartown, so as to change the corporate limits of said city; and for other purposes. HB 1591. By Representatives Ehrhart of the 28th, Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1 and others: A BILL to amend an Act creating the Cobb Judicial Circuit, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; and for other purposes. HB 1592. By Representatives Ehrhart of the 28th, Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1 and others: A BILL to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of certain employees of such office; and for other purposes. HB 1601. By Representatives Boggs of the 145th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1: A BILL to provide that future elections for the office of chief magistrate and the office of judge of the probate court of Ware County shall be nonpartisan elections; and for other purposes. HB 1602. By Representatives Boggs of the 145th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1: A BILL to amend an Act creating the State Court of Ware County, so as to provide for the compensation of the solicitor-general and the judge of said court; and for other purposes. 1041 1036 JOURNAL OF THE SENATE HB 1603. By Representative Hudson of the 95th: A BILL to provide a homestead exemption from Hancock County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads leased to certain residents of that county; and for other purposes. The House adheres to its position in disagreeing to the Senate amendment, to the House substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the Senate: SB 157. By Senators Cheeks of the 23rd, Cagle of the 49th, Stephens of the 51st and Starr of the 44th: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Floyd of the 132nd, Fludd of the 48th, Post 4, and Shaw of the 143rd. The following Senate legislation was introduced, read the first time and referred to committee: SB 575. By Senators Kemp of the 3rd, Thomas of the 2nd and Gillis of the 20th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions regarding homestead exemption applications; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. 1042 MONDAY, MARCH 1, 2004 1037 SB 576. By Senators Smith of the 52nd, Unterman of the 45th, Price of the 56th, Thomas of the 54th, Tolleson of the 18th and others: A BILL to be entitled an Act to amend Code Section 9-10-31 of the O.C.G.A., relating to actions against certain codefendants residing in different counties, to amend Code Section 24-9-67 of the O.C.G.A., relating to opinions of experts, and Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages, so as to revise certain provisions relating to tort actions; to change provisions relating to venue involving joint or joint and several tort-feasors; to provide for standards in admitting expert testimony in professional malpractice actions; to change provisions relating to recovery against joint tort-feasors; to change provisions relating to comparative negligence; 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 577. By Senator Tate of the 38th: A BILL to be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for new provisions relating to the licensing of such professionals; to provide for definitions; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 578. By Senators Brush of the 24th and Clay of the 37th: A BILL to be entitled an Act to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Charter Schools Act of 1998," so as to allow submission of a petition for a start-up charter school directly to the state board of education; to repeal conflicting laws; and for other purposes. Referred to the Education Committee. SB 579. By Senators Brush of the 24th and Price of the 56th: 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 creation and operation of the Special K-12 Distance Learning School; to provide a definition; to provide for authority; to provide for the scope and funding of the school; to authorize contracts; to provide for 1043 1038 JOURNAL OF THE SENATE rules and regulations; to provide for the applicability of reporting and accountability provisions; to provide for certificated teachers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Education Committee. SR 843. By Senators Hall of the 22nd, Cheeks of the 23rd, Johnson of the 1st, Williams of the 19th, Hill of the 4th and others: A RESOLUTION designating the Woodpecker Trail Highway; and for other purposes. Senator Hall of the 22nd gave notice that at the proper time he would ask that SR 843 be engrossed. The following House legislation was read the first time and referred to committee: HB 1373. By Representatives Greene of the 134th, Hanner of the 133rd, Sholar of the 141st, Post 1 and Broome of the 141st, Post 2: A BILL to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the term of court in Clay, Miller, and Randolph counties in the Pataula Circuit; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 1441. By Representatives Jones of the 38th, Hill of the 81st, Campbell of the 39th, Dix of the 70th, Post 2 and Burkhalter of the 36th: A BILL to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to create a new offense relative to trafficking in 3, 4-methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine, commonly known as ecstacy; and for other purposes. Referred to the Judiciary Committee. HB 1445. By Representatives Birdsong of the 104th, Warren of the 99th, Roberts of the 135th, Heath of the 18th, Heckstall of the 48th, Post 3 and others: A BILL to amend Code Section 43-12-2 of the Official Code of Georgia 1044 MONDAY, MARCH 1, 2004 1039 Annotated, relating to qualifications for an exemption from occupation taxes, administrative fees, and regulatory fees, so as to provide for certain duties of the Department of Veterans Service; and for other purposes. Referred to the Veterans and Military Affairs Committee. HB 1446. By Representatives Birdsong of the 104th, Warren of the 99th, Roberts of the 135th, Heath of the 18th, Heckstall of the 48th, Post 3 and others: A BILL to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to homestead exemption by qualified disabled veterans, filing requirements, periodic substantiation of eligibility, and persons eligible without application, so as to change references to the maximum exemption allowable; and for other purposes. Referred to the Finance Committee. HB 1455. By Representatives Buck of the 112th, Smyre of the 111th, Hugley of the 113th and Buckner of the 109th: A BILL to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for a continuance or postponement where a party or attorney is presiding as a judge or recorder in another court; and for other purposes. Referred to the Special Judiciary Committee. HB 1549. By Representatives Bridges of the 7th, O`Neal of the 117th, Purcell of the 122nd, Burkhalter of the 36th, Buck of the 112th and others: A BILL 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 supporting Rotary International; and for other purposes. Referred to the Public Safety and Homeland Security Committee. HB 1585. By Representatives Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Richardson of the 26th, Dollar of the 31st, Wilkinson of the 41st and others: A BILL to amend an Act making provisions for the Magistrate Court of Cobb 1045 1040 JOURNAL OF THE SENATE County, so as to provide for the compensation of the chief magistrate of said court; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1589. By Representatives Hill of the 81st, Jordan of the 83rd, Heckstall of the 48th, Post 3, Mosby of the 59th, Post 3, Fludd of the 48th, Post 4 and others: A BILL to provide that the governing authority of Clayton County shall hold a nonbinding referendum asking the electors whether law enforcement services should be consolidated under the office of the sheriff; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1590. By Representatives Cummings of the 19th and Heath of the 18th: A BILL to amend an Act providing a new charter for the City of Cedartown, so as to change the corporate limits of said city; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1591. By Representatives Ehrhart of the 28th, Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1 and others: A BILL to amend an Act creating the Cobb Judicial Circuit, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1592. By Representatives Ehrhart of the 28th, Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1 and others: A BILL to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of certain employees of such office; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1046 MONDAY, MARCH 1, 2004 1041 HB 1601. By Representatives Boggs of the 145th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1: A BILL to provide that future elections for the office of chief magistrate and the office of judge of the probate court of Ware County shall be nonpartisan elections; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1602. By Representatives Boggs of the 145th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1: A BILL to amend an Act creating the State Court of Ware County, so as to provide for the compensation of the solicitor-general and the judge of said court; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1603. By Representative Hudson of the 95th: A BILL to provide a homestead exemption from Hancock County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads leased to certain residents of that county; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Children and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1347 SB 535 SR 760 Do Pass Do Pass Do Pass Respectfully submitted, Senator Collins of the 6th District, Chairman 1047 1042 JOURNAL OF THE SENATE Mr. President: The Economic Development and Tourism Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 678 Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 491 Do Pass Respectfully submitted, Senator Lamutt of the 21st District, Chairman Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 122 SR 688 Do Pass 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 1449 SB 230 SB 386 Do Pass Do Pass Do Pass as amended SB 498 SB 548 Do Pass Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman 1048 MONDAY, MARCH 1, 2004 1043 The following legislation was read the second time: HB 217 HB 239 HB 1113 HB 1180 HB 1253 SB 39 SB 302 SB 422 SB 525 SB 532 SB 542 SB 551 SB 555 SB 561 SR 574 SR 671 SR 672 SR 728 SR 729 SR 730 SR 786 SR 802 Senator Thomas of the 2nd asked unanimous consent that Senator Kemp of the 3rd be excused. The consent was granted, and Senator Kemp was excused. Senator 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 Harp of the 16th asked unanimous consent that Senator Moody of the 27th be excused. The consent was granted, and Senator Moody 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 Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Lamutt Lee Levetan Me V Bremen 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 Not answering were Senators: Collins Moody (Excused) Harbison (Excused) Zamarripa Kemp, R (Excused) Senator Zamarripa of the 36th was off the floor of the Senate when the roll was called and wishes to be recorded as present. 1049 1044 JOURNAL OF THE SENATE The members pledged allegiance to the flag. Senator Seay of the 34th introduced the chaplain of the day, Reverend Howard Creecy, Jr., of Fayetteville, Georgia, who offered scripture reading and prayer. Senator Reed of the 35th introduced Commissioner of Hartsfield-Jackson International Airport, Mr. Ben DeCosta. Commissioner DeCosta addressed the Senate briefly. The following resolutions were read and adopted: SR 837. By Senator Hooks of the 14th: A RESOLUTION honoring and remembering the life of Mr. Guy Hill, Sr.; and for other purposes. SR 838. By Senator Hooks of the 14th: A RESOLUTION commending Talbot County and recognizing Talbot County Day; and for other purposes. SR 839. By Senator Shafer of the 48th: A RESOLUTION commending the Duluth Middle School Academic Bowl Team; and for other purposes. SR 840. By Senator Shafer of the 48th: A RESOLUTION commending Berkeley Lake Elementary School on its Pay for Performance Award; and for other purposes. SR 841. By Senators Bulloch of the 11th, Bowen of the 13th, Gillis of the 20th and Williams of the 19th: A RESOLUTION commending the Georgia peanut industry and recognizing March 10, 2004, as Peanut Butter and Jelly Day at the Capitol; and for other purposes. SR 842. By Senators Cagle of the 49th, Hudgens of the 47th, Kemp of the 46th and Unterman of the 45th: A RESOLUTION commending and recognizing the Braselton Brothers Store on the occasion of its 100th anniversary; and for other purposes. 1050 MONDAY, MARCH 1, 2004 1045 SR 844. By Senators Cagle of the 49th, Hamrick of the 30th and Hill of the 4th: A RESOLUTION honoring and commending the public service of Georgia Department of Technical and Adult Education Commissioner, Dr. Ken Breeden, and congratulating him on his retirement; and for other purposes. SR 845. By Senator Shafer of the 48th: A RESOLUTION in memory and honoring the life of Mr. Emmett Clower, Jr.; and for other purposes. SR 846. By Senators Hill of the 4th, Harp of the 16th, Johnson of the 1st and Bulloch of the 11th: A RESOLUTION commending Major General William N. Searcy, Assistant Adjutant General for Air and Commander, Georgia Air National Guard; and for other purposes. SR 847. By Senators Hill of the 4th, Unterman of the 45th, Thomas of the 54th, Gillis of the 20th and Thomas of the 2nd: A RESOLUTION acknowledging the contributions of senior Georgians and establishing the week of March 1-5, 2004, as Senior Week at the Capitol; and for other purposes. SR 848. By Senators Fort of the 39th, Tate of the 38th, Price of the 56th, Moody of the 27th, Shafer of the 48th and others: A RESOLUTION expressing sorrow upon the passing of Robert (Bob) E. Fulton; 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 Monday, March 1, 2004 Twenty-seventh Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 230 Thomas of the 10th Tanksley of the 32nd 1051 1046 SB 386 SB 498 JOURNAL OF THE SENATE Reed of the 35th Zamarripa of the 36th Tate of the 38th Fort of the 39th Levetan of the 40th Adelman of the 42nd Price of the 56th ATLANTA, CITY OF /FULTON COUNTY A BILL to be entitled an Act to amend the "City of Atlanta and Fulton County Recreation Authority Act," approved March 17, 1960 (Ga. L. 1960, p. 2810), as amended, so as to provide for certain limitations with respect to the powers of the authority; to prohibit the authority from incurring new debt; to limit the number of employees of the authority and the amount which may be expended by the authority for employee salaries; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Squires of the 5th Thomas of the 10th Levetan of the 40th Henson of the 41st Stokes of the 43rd Butler of the 55th DEKALB COUNTY A BILL to be entitled an Act to provide that the tax commissioner of DeKalb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of DeKalb County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to repeal conflicting laws; and for other purposes. (AMENDMENT) Thomas of the 10th Tanksley of the 32nd Reed of the 35th Zamarripa of the 36th Tate of the 38th Fort of the 39th Levetan of the 40th 1052 MONDAY, MARCH 1, 2004 1047 Adelman of the 42nd ATLANTA, CITY OF 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 (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. Pursuant to Senate Rule 113, Senator Reed of the 35th filed the following objection: As provided in Senate Rule 113, we, the undersigned Senators, hereby file an objection to SB 498, which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar. /s/ Reed of the 35th /s/ Fort of the 39th /s/ Levetan of the 40th Date: March 01, 2004 Pursuant to Senate Rule 113, SB 498 was placed on the Senate Local Contested Calendar for today. SB 548 Unterman of the 45th Kemp of the 46th BETHLEHEM, TOWN OF A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Bethlehem, approved April 21, 1967 (Ga. L. 1967, p. 3412), so as to provide for a municipal court and the judges thereof; to provide for jurisdiction of such court; to provide for a clerk; to provide for bail; to provide for punishments; to provide for a town jail; to provide for the issuance of subpoenas and warrants and the execution of judgments; to provide for staggered terms of 1053 1048 JOURNAL OF THE SENATE office for the members of the town council; to require submission for preclearance under Section 5 of the Federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1449 Gillis of the 20th DUDLEY, CITY OF A BILL to amend an Act providing a new charter for the City of Dudley, in the County of Laurens, so as to annex certain territory into the City of Dudley and thereby change the corporate limits of such city; and for other purposes. The amendment to the following bill was put upon its adoption: *SB 386: The Senate State and Local Governmental Operations Committee offered the following amendment: Amend SB 386 by inserting on line 4 of page 1 immediately after the word and symbol "Act;" the following: "to provide an effective date;". By redesignating Section 3 as Section 4 and inserting a new Section 3 to read as follows: "SECTION 3. This Act shall become effective on January 1, 2006." On the adoption of the amendment, the yeas were 49, nays 0, and the committee amendment 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 Y Brown Y Brush E Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr 1054 MONDAY, MARCH 1, 2004 1049 Y Bulloch Y Butler Y Cagle E Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden E Hall Y Hamrick Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt E Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Stephens Y Stokes Y Tanksley Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the local legislation, the yeas were 49, nay 0. The legislation on the Local Consent Calendar, except SB 386, having received the requisite constitutional majority, was passed. SB 386, having received the requisite constitutional majority, was passed as amended. 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 Monday, March 1, 2004 Twenty-seventh Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 498 Thomas of the 10th Tanksley of the 32nd Reed of the 35th Zamarripa of the 36th Tate of the 38th Fort of the 39th Levetan of the 40th Adelman of the 42nd ATLANTA, CITY OF A BILL to be entitled an Act to amend an Act providing a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1055 1050 JOURNAL OF THE SENATE 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 (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. The amendment to the following bill was put upon its adoption: *SB 498: Senator Reed of the 35th offered the following amendment: Amend SB 498 by deleting line 17 - 19 at page 2. On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to as amended. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle E Cheeks Y Clay Y Collins Y Crotts Y Dean E Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt E Lee Y Levetan Y Me V Bremen Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson 1056 MONDAY, MARCH 1, 2004 1051 Y Fort Y Gillis Y Golden E Hall Y Hamrick Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the local legislation, the yeas were 51, nays 0. The local contested legislation, having received the requisite constitutional majority, was passed as amended. Senator Price of the 56th introduced the doctor of the day, Dr. David Marshall. The time having arrived for the motion, Senator Hall of the 22nd asked unanimous consent that the following resolution be engrossed: SR 843. By Senators Hall of the 22nd, Cheeks of the 23rd, Johnson of the 1st, Williams of the 19th, Hill of the 4th and others: A RESOLUTION designating the Woodpecker Trail Highway; and for other purposes. The consent was granted and SR 843 was engrossed. The President referred SR 843 to the Transportation Committee. SENATE RULES CALENDAR MONDAY, MARCH 1, 2004 TWENTY-SEVENTH LEGISLATIVE DAY SR 668 Designate; John D. Smith Highway; Paulding County (TRANS-31st) SR 781 Designate; Alan Jackson Highway; Coweta County (TRANS-28th) SR 787 Designate; Michael B. Mundy Memorial Bridge; Pickens County (TRANS-51st) SR 797 Designate; George W. Potts Highway; Coweta County (TRANS-28th) SB 511 Nuisances; agricultural facilities/operations; change provisions of treatment (AG&CA-11th) 1057 1052 JOURNAL OF THE SENATE SR 108 CA: House of Representatives; reapportionment; election from singlemember districts (R&R-56th) SB 490 Counties/Municipalities; service delivery strategies; reviews; definitions (SLGO(G)-45th) SB 501 State Depository Board; authorized investments; change certain provisions (FIN-56th) SB 553 Public roads; limitations on power to contract; design-build; provide exception (TRANS-19th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SR 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. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle E Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort E 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 Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Y Tolleson 1058 MONDAY, MARCH 1, 2004 1053 Y Gillis Y Golden E Hall Y Hamrick Y Mullis Y Price Y Reed Y Seabaugh Y Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 51, nays 0. SR 668, having received the requisite constitutional majority, was adopted. SR 781. 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. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle E Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden E 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 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 Smith,P Y Squires Y Starr Stephens Y Stokes Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 48, nays 0. SR 781, having received the requisite constitutional majority, was adopted. 1059 1054 JOURNAL OF THE SENATE SR 787. 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: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle E Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden E 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 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 Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Y Tolleson Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 49, nays 0. SR 787, having received the requisite constitutional majority, was adopted. SR 797. By Senator Seabaugh of the 28th: 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: 1060 MONDAY, MARCH 1, 2004 1055 Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle E Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden E 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 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 Thomas,N Y Thomas,R Y Thompson Tolleson Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 49, nays 0. SR 797, having received the requisite constitutional majority, was adopted. SB 511. By Senators Bulloch of the 11th, Hill of the 4th, Seabaugh of the 28th, Balfour of the 9th, Gillis of the 20th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change certain provisions relating to treatment of agricultural facilities and operations as nuisances; to provide that certain agricultural support facilities shall not be or become nuisances due to changed conditions in or around the locations of such facilities; to repeal conflicting laws; and for other purposes. Senator Cagle of the 49th offered the following amendment: Amend SB 511 by striking on line 35 page 2 after the word trucking provided, however, this term expressly excludes any rendering plant facility or operation. Insert a period after the word trucking. 1061 1056 JOURNAL OF THE SENATE 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 Y Brown N Brush N Bulloch N Butler Y Cagle E Cheeks N Clay N Collins N Crotts N Dean Fort N Gillis Y Golden N Hall N Hamrick E Harbison N Harp N Henson Hill N Hooks Y Hudgens Y Jackson N Johnson N Kemp,B N Kemp,R N Lamutt N Lee N Levetan N Me V Bremen Y Moody Y Mullis N Price N Reed N Seabaugh N Seay N Shafer N Smith,F Smith,P Y Squires N Starr Y Stephens N Stokes N Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson N Tolleson Unterman Y Williams N Zamarripa On the adoption of the amendment, the yeas were 12, nays 38, and the Cagle amendment was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen Y Brown Brush Y Bulloch Y Butler Y Cagle E Cheeks Y Clay Y Collins E Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N 1062 MONDAY, MARCH 1, 2004 1057 Y Crotts Y Dean 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 Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. SB 511, having received the requisite constitutional majority, was passed. Senator Price of the 56th asked unanimous consent that SR 108 be placed at the foot of the Rules Calendar. The consent was granted, and SR 108 was placed at the foot of the Rules Calendar. 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. Senators Lee of the 29th, Mullis of the 53rd and Butler of the 55th offered the following amendment: Amend SB 490 by striking line 26 of page 2 and inserting in lieu thereof the following: "does not include any school district of this state or any sheriff, clerk of the superior court, judge of the probate court, or tax commissioner or the office, personnel, or services provided by any such elected constitutional county officer.". 1063 1058 JOURNAL OF THE SENATE Senator Unterman of the 45th moved that SB 490 be committed to the Senate State and Local Governmental Operations Committee. Senator Lee of the 29th objected. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown N Brush Y Bulloch N Butler Y Cagle N Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis N Golden Y Hall Y Hamrick E Harbison Y Harp Y Henson Y Hill Y Hooks N Hudgens N Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt N Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer N Smith,F Y Smith,P N Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate N Thomas,D N Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the motion the yeas were 43, nays 11; the motion prevailed, and SB 490 was committed to the Senate State and Local Governmental Operations (G) 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. 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: 1064 MONDAY, MARCH 1, 2004 1059 Y Adelman Y Balfour Y Blitch Y Bowen Brown Y Brush Y Bulloch Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean 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 Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 52, nays 0. SB 501, having received the requisite constitutional majority, was passed. SB 553. By Senators Williams of the 19th and Kemp of the 46th: 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 provide for an exception for design-build on the limitations on the power of the department to contract; to provide for the development of design-build procedures for the construction of any public road or other transportation purpose project; to define a term; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Williams of the 19th offered the following amendment: Amend SB 553 by striking the quotation marks at the end of line 8 of page 3 and by adding after line 8 of page 3 the following: "(e) In contracting for design-build projects, the department shall be limited to contracting for no more than 10 percent of the total amount of funds allocated for construction in each fiscal year of the then current State Transportation Improvement Program.'" 1065 1060 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 42, nays 0, and the Williams amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean 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 Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. SB 553, having received the requisite constitutional majority, was passed as amended. Senator Stephens of the 51st moved that the Senate adjourn until 10:00 a.m., Tuesday, March 2, 2004. The motion prevailed, and the President announced the Senate adjourned at 3:58 p.m. 1066 TUESDAY, MARCH 2, 2004 1061 Senate Chamber, Atlanta, Georgia Tuesday, March 2, 2004 Twenty-eighth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House and Senate: HB 1014. By Representatives Henson of the 55th, Watson of the 60th, Post 2, Mosby of the 59th, Post 3, Sailor of the 61st, Post 1, Dix of the 70th, Post 2 and others: A BILL 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; and for other purposes. HB 1068. By Representatives Buckner of the 109th, Hugley of the 113th, Smyre of the 111th, Buck of the 112th, Smith of the 110th and others: A BILL to amend Code Section 20-2-16 of the Official Code of Georgia Annotated, relating to the acceptance and allotment of federal aid and other funds for school construction, determining needs, planning financing, building code, and safety inspections and recommendations, so as to provide that each school building shall have at least two means of access to a public street or road; and for other purposes. 1067 1062 JOURNAL OF THE SENATE HB 1263. By Representative Golick of the 34th, Post 3: A BILL to amend Code Section 33-24-46 of the Official Code of Georgia Annotated, relating to cancellation or nonrenewal of certain property insurance policies, so as to define the term "claim against a policy"; and for other purposes. HB 1277. By Representatives Drenner of the 57th, Manning of the 32nd, McCall of the 78th, Buckner of the 109th, Smith of the 87th and others: A BILL to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to prohibit the installation of certain irrigation systems without rain sensor shut-off switches; and for other purposes. HB 1321. By Representatives Oliver of the 56th, Post 2, Henson of the 55th, Mitchell of the 61st, Post 3, Mangham of the 62nd, Williams of the 61st, Post 2 and others: A BILL to amend Article 5 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to limitations on annexation, so as to repeal a requirement that municipalities may not annex in counties with populations between 625,000 and 725,000 except upon the approval of the county governing authority; and for other purposes. HB 1326. By Representatives Murphy of the 97th, Howard of the 98th, Warren of the 99th, Harbin of the 80th and Lord of the 103rd: A BILL to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch of state government, so as to revise provisions relating to governmental privatization contracts; to provide for the invalidity of contracts entered into without compliance; to provide for an emergency exception and the circumstances under which such exception shall apply; and for other purposes. HB 1519. By Representatives Porter of the 119th, Parrish of the 102nd, Morris of the 120th, Stephens of the 124th, Post 2 and Bordeaux of the 125th: A BILL to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to enact the "Common-sense Consumption Act"; to provide for a short title; to provide for definitions; to provide for limited liability of food 1068 TUESDAY, MARCH 2, 2004 1063 manufacturers, packers, distributors, and others from claims relating to weight gain and obesity; to provide for exceptions to such liability; and for other purposes. HB 1588. By Representatives Amerson of the 9th, Parham of the 94th, Bridges of the 7th and Fleming of the 79th: A BILL to amend Code Section 40-2-62 of the Official Code of Georgia Annotated, relating to special license plates for members of the General Assembly, so as to change certain provisions relating to design of the license plate; and for other purposes. HB 1604. By Representative Borders of the 142nd: A BILL to provide a new charter for the City of Remerton; and for other purposes. HB 1606. By Representatives Mills of the 67th, Post 2, Coan of the 67th, Post 1, Reece of the 21st, Amerson of the 9th and Rogers of the 20th: A BILL to amend an Act providing for homestead exemptions from Hall County School District ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens, so as to allow such exemptions to continue to be received by unremarried surviving widows or widowers; and for other purposes. HB 1610. By Representatives Manning of the 32nd, Ehrhart of the 28th, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1, Dooley of the 33rd, Post 3 and others: A BILL to amend an Act creating the Cobb County-Marietta Water Authority, so as to amend certain provisions relating to the immunity of the authority; and for other purposes. HB 1621. By Representative McCall of the 78th: A BILL to provide for an advisory referendum election to be held in Elbert County for the purpose of determining if the recommendation submitted by the Committee to Study the Form of Government for Elbert County is desired by the people of said county; and for other purposes. 1069 1064 JOURNAL OF THE SENATE HB 1622. By Representatives Mitchell of the 61st, Post 3, Watson of the 60th, Post 2, Mosby of the 59th, Post 3, Mobley of the 58th, Stephenson of the 60th, Post 1 and others: A BILL to amend an Act entitled "An Act to create and establish for and in the County of DeKalb a court to be known as the Recorder's Court of DeKalb County," so as to change the term of office of the judge of said court to four years; and for other purposes. 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. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1346. By Representatives McBee of the 74th, Greene of the 134th, Purcell of the 122nd and Holmes of the 48th, Post 1: A RESOLUTION urging the State Superintendent of Schools and the State Board of Education to study the issue of developing and implementing a standard grading system for Georgia's K-12 public education system; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 580. By Senators Clay of the 37th, Lamutt of the 21st and Tanksley of the 32nd: A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4668), so as to change the compensation of the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1070 TUESDAY, MARCH 2, 2004 1065 SB 581. By Senators Hudgens of the 47th, Cagle of the 49th, Price of the 56th, Johnson of the 1st and Jackson of the 50th: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide that state and local agencies and entities shall determine what persons are eligible for services and benefits on the basis of citizenship, residency, and legality of presence in the United States; to provide for agencies and entities to require appropriate evidence of eligibility for services and benefits; to provide for certain reports; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 582. By Senators Meyer von Bremen of the 12th and Hooks of the 14th: A BILL to be entitled an Act to amend Chapter 18 of Title 31 of the Official Code of Georgia Annotated, relating to treatment and rehabilitation of spinal cord disabled and head-injured persons, so as to change certain provisions relating to registration and reporting procedures; to change certain provisions relating to duties of the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 583. By Senators Hamrick of the 30th, Reed of the 35th and Thompson of the 33rd: A BILL to be entitled an Act to amend an Act creating the State Court of Douglas County, approved April 1, 1999 (Ga. L. 1999, p. 3606), so as to provide for an additional fee for each civil action filed; to provide that such fee shall be used for a certain purpose; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 584. By Senators Unterman of the 45th, Adelman of the 42nd and Levetan of the 40th: A BILL to be entitled an Act to amend Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions concerning voluntary deductions from wages or salaries of state employees for the benefit of charitable organizations, so as to include as eligible charitable organizations federated charitable organizations with offices in this state that provide 1071 1066 JOURNAL OF THE SENATE international health and welfare services; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 585. By Senators Mullis of the 53rd, Johnson of the 1st and Thompson of the 33rd: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to railroads, so as to provide for certain provisions related to maintenance of grade crossings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 586. By Senators Shafer of the 48th, Hill of the 4th, Lee of the 29th, Smith of the 52nd, Moody of the 27th and others: A BILL to be entitled an Act to amend Code Section 51-1-27 of the Official Code of Georgia Annotated, relating to recovery for medical malpractice, so as to provide a short title; to provide for legislative findings; to provide for the degree of care expected of medical professionals in an emergency room setting; to provide for the consideration by the jury or other trier of fact of certain factors affecting such care in determining whether such degree or standard of care was met; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 587. By Senators Hudgens of the 47th and Cagle of the 49th: A BILL to be entitled an Act to amend an Act creating a board of education of Madison County, approved March 24, 1988 (Ga. L. 1988, p. 4698), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4421), so as to make technical changes in said 2002 amendatory Act; to revise the numbering of the education districts in such amendatory act; to ratify and confirm, to the maximum extent possible, any election previously held under the provisions of such amendatory Act; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1072 TUESDAY, MARCH 2, 2004 1067 SB 588. By Senators Mullis of the 53rd, Johnson of the 1st, Smith of the 52nd, Thomas of the 54th, Hamrick of the 30th and others: A BILL to be entitled an Act to amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the state flag and the protection of public monuments honoring the military, so as to provide for the protection of privately owned monuments honoring past or present military personnel; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Rules Committee. SB 589. By Senators Hamrick of the 30th, Dean of the 31st and Lee of the 29th: A BILL to be entitled an Act to amend an Act providing for the Carroll County Board of Elections, approved April 29, 1997 (Ga. L. 1997, p. 4592), so as to change the name of said board and to change the functions of said board to include powers and duties of boards of registrars and relieve the Board of Registrars of Carroll County of such powers and duties; to change the composition and method of selection of board members and change terms of office; to provide for resignations and removal; to provide for an election supervisor and employees; to provide for offices and equipment; to provide for performance of certain municipal functions and duties; to provide for a submission and effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 590. By Senator Tate of the 38th: 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 landdisturbing activities, so as to provide for a proportional increase in the required stream buffer width as the width of the stream increases; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 591. By Senator Lee of the 29th: A BILL to be entitled an Act to amend Code Section 50-26-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Georgia Housing and Finance Authority, so as to provide that the authority is 1073 1068 JOURNAL OF THE SENATE authorized to expend its funds to provide advisory, technical, consultative, training, management, educational, and project assistance services; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 592. By Senator Lee of the 29th: A BILL to be entitled an Act to amend Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to coordinated and comprehensive planning and service delivery by counties and municipalities, so as to exempt sheriffs, clerks of the superior courts, judges of the probate courts, and tax commissioners from the definition of the term "local government"; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SR 850. By Senators Hamrick of the 30th, Kemp of the 46th and Brush of the 24th: A RESOLUTION urging the State Superintendent of Schools and the State Board of Education to study the issue of developing and implementing a standard grading system for Georgia's K-12 public education system; and for other purposes. Referred to the Education Committee. SR 854. By Senators Butler of the 55th, Smith of the 25th, Thomas of the 10th, Thompson of the 33rd, Adelman of the 42nd and others: A RESOLUTION recognizing Equal Pay Day; and for other purposes. Referred to the Rules Committee. SR 856. By Senators Mullis of the 53rd, Brush of the 24th, Thomas of the 54th, Johnson of the 1st, Cagle of the 49th and others: A RESOLUTION designating April of each year as Confederate History and Heritage Month; urging schools to commemorate the time of Southern independence; designating the John B. Gordon statue on the state capitol building grounds as Georgias Confederate Memorial; designating the 1956 2001 Georgia flag as the "Georgia Memorial Flag"; calling for the 1956 2001 Georgia flag to be flown over the state capitol building on Confederate 1074 TUESDAY, MARCH 2, 2004 1069 Memorial Day and Robert E. Lees birthday; and for other purposes. Referred to the Rules Committee. SR 858. By Senators Harp of the 16th, Hill of the 4th, Tolleson of the 18th, Johnson of the 1st and Meyer von Bremen of the 12th: A RESOLUTION authorizing the Governor by executive order to establish local redevelopment commissions for the purpose of developing and directing redevelopment plans in accordance with the "Base Closure Community Redevelopment and Homeless Assistance Act of 1994"; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Veterans and Military Affairs Committee. The following House legislation was read the first time and referred to committee: HB 1014. By Representatives Henson of the 55th, Watson of the 60th, Post 2, Mosby of the 59th, Post 3, Sailor of the 61st, Post 1, Dix of the 70th, Post 2 and others: A BILL 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; and for other purposes. Referred to the State Institutions and Property Committee. HB 1068. By Representatives Buckner of the 109th, Hugley of the 113th, Smyre of the 111th, Buck of the 112th, Smith of the 110th and others: A BILL to amend Code Section 20-2-16 of the Official Code of Georgia Annotated, relating to the acceptance and allotment of federal aid and other funds for school construction, determining needs, planning financing, building code, and safety inspections and recommendations, so as to provide that each school building shall have at least two means of access to a public street or road; and for other purposes. Referred to the Transportation Committee. HB 1263. By Representative Golick of the 34th, Post 3: A BILL to amend Code Section 33-24-46 of the Official Code of Georgia 1075 1070 JOURNAL OF THE SENATE Annotated, relating to cancellation or nonrenewal of certain property insurance policies, so as to define the term "claim against a policy"; and for other purposes. Referred to the Insurance and Labor Committee. HB 1277. By Representatives Drenner of the 57th, Manning of the 32nd, McCall of the 78th, Buckner of the 109th, Smith of the 87th and others: A BILL to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to prohibit the installation of certain irrigation systems without rain sensor shut-off switches; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 1321. By Representatives Oliver of the 56th, Post 2, Henson of the 55th, Mitchell of the 61st, Post 3, Mangham of the 62nd, Williams of the 61st, Post 2 and others: A BILL to amend Article 5 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to limitations on annexation, so as to repeal a requirement that municipalities may not annex in counties with populations between 625,000 and 725,000 except upon the approval of the county governing authority; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 1326. By Representatives Murphy of the 97th, Howard of the 98th, Warren of the 99th, Harbin of the 80th and Lord of the 103rd: A BILL to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch of state government, so as to revise provisions relating to governmental privatization contracts; to provide for the invalidity of contracts entered into without compliance; to provide for an emergency exception and the circumstances under which such exception shall apply; and for other purposes. Referred to the State Institutions and Property Committee. HB 1519. By Representatives Porter of the 119th, Parrish of the 102nd, Morris of the 120th, Stephens of the 124th, Post 2 and Bordeaux of the 125th: A BILL to amend Chapter 2 of Title 26 of the Official Code of Georgia 1076 TUESDAY, MARCH 2, 2004 1071 Annotated, relating to standards, labeling, and adulteration of food, so as to enact the "Common-sense Consumption Act"; to provide for a short title; to provide for definitions; to provide for limited liability of food manufacturers, packers, distributors, and others from claims relating to weight gain and obesity; to provide for exceptions to such liability; and for other purposes. Referred to the Judiciary Committee. HB 1588. By Representatives Amerson of the 9th, Parham of the 94th, Bridges of the 7th and Fleming of the 79th: A BILL to amend Code Section 40-2-62 of the Official Code of Georgia Annotated, relating to special license plates for members of the General Assembly, so as to change certain provisions relating to design of the license plate; and for other purposes. Referred to the Public Safety and Homeland Security Committee. HB 1604. By Representative Borders of the 142nd: A BILL to provide a new charter for the City of Remerton; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1606. By Representatives Mills of the 67th, Post 2, Coan of the 67th, Post 1, Reece of the 21st, Amerson of the 9th and Rogers of the 20th: A BILL to amend an Act providing for homestead exemptions from Hall County School District ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens, so as to allow such exemptions to continue to be received by unremarried surviving widows or widowers; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1610. By Representatives Manning of the 32nd, Ehrhart of the 28th, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1, Dooley of the 33rd, Post 3 and others: A BILL to amend an Act creating the Cobb County-Marietta Water Authority, 1077 1072 JOURNAL OF THE SENATE so as to amend certain provisions relating to the immunity of the authority; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1621. By Representative McCall of the 78th: A BILL to provide for an advisory referendum election to be held in Elbert County for the purpose of determining if the recommendation submitted by the Committee to Study the Form of Government for Elbert County is desired by the people of said county; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1622. By Representatives Mitchell of the 61st, Post 3, Watson of the 60th, Post 2, Mosby of the 59th, Post 3, Mobley of the 58th, Stephenson of the 60th, Post 1 and others: A BILL to amend an Act entitled "An Act to create and establish for and in the County of DeKalb a court to be known as the Recorder's Court of DeKalb County," so as to change the term of office of the judge of said court to four years; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 1346. By Representatives McBee of the 74th, Greene of the 134th, Purcell of the 122nd and Holmes of the 48th, Post 1: A RESOLUTION urging the State Superintendent of Schools and the State Board of Education to study the issue of developing and implementing a standard grading system for Georgia's K-12 public education system; and for other purposes. Referred to the Education 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: SB 514 Do Pass by substitute 1078 TUESDAY, MARCH 2, 2004 1073 SB 515 Do Pass by substitute 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: HB 1358 SB 297 SB 512 Do Pass Do Pass by substitute Do Pass Respectfully submitted, Senator Tanksley of the 32nd District, Chairman Mr. President: The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1083 Do Pass HB 1382 Do Pass SB 460 SB 530 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Gillis of the 20th 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: SR 828 SR 829 Do Pass Do Pass Respectfully submitted, Senator Williams of the 19th District, Chairman The following legislation was read the second time: HB 1347 SB 491 SB 535 SR 678 SR 688 SR 760 1079 1074 JOURNAL OF THE SENATE 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 Kemp of the 3rd asked unanimous consent that Senator Blitch of the 7th be excused. The consent was granted, and Senator Blitch was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Collins Crotts Dean Gillis Golden Hall Hamrick Harbison Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Kemp,R Lamutt Lee Levetan Moody Mullis Price Reed Seabaugh Seay Shafer Smith,F Smith,P Squires Starr Stephens Stokes Tanksley Tate Thomas,D Thomas,N Thomas,R Thompson Tolleson Unterman Williams Zamarripa Not answering were Senators: Blitch (Excused) Fort Meyer von Bremen (Excused) The members pledged allegiance to the flag. Senator Moody of the 27th introduced the chaplain of the day, Reverend Dr. Allen Hunt of Alpharetta, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 849. By Senators Clay of the 37th, Lamutt of the 21st and Tanksley of the 32nd: A RESOLUTION commending the Durham Middle School Eighth Grade Symphonic Band and its directors; and for other purposes. 1080 TUESDAY, MARCH 2, 2004 1075 SR 851. By Senators Meyer von Bremen of the 12th and Hooks of the 14th: A RESOLUTION commending George M. Kirkland, Jr., for his outstanding career as a realtor; and for other purposes. SR 852. By Senators Butler of the 55th, Squires of the 5th, Smith of the 25th, Unterman of the 45th, Shafer of the 48th and others: A RESOLUTION commending Miss Diana DeGarmo; and for other purposes. SR 853. By Senator Shafer of the 48th: A RESOLUTION commending Pinckneyville Middle School on its Pay for Performance Award; and for other purposes. SR 855. By Senators Shafer of the 48th, Lamutt of the 21st, Unterman of the 45th, Golden of the 8th, Zamarripa of the 36th and others: A RESOLUTION proclaiming February 25, 2004, as "High Tech Day" in Georgia; and for other purposes. SR 857. By Senators Levetan of the 40th, Adelman of the 42nd, Clay of the 37th, Brown of the 26th, Reed of the 35th and others: A RESOLUTION honoring and commending Eva Geiringer Schloss; and for other purposes. SR 859. By Senators Brush of the 24th, Clay of the 37th, Starr of the 44th, Balfour of the 9th and Smith of the 25th: A RESOLUTION recognizing and commending the Georgia Association of Educational Leaders on its 30th anniversary; and for other purposes. SR 860. By Senators Lee of the 29th, Harp of the 16th and Hooks of the 14th: A RESOLUTION commending and congratulating the West Georgia Wolverines wheelchair soccer team; and for other purposes. SR 861. By Senators Johnson of the 1st and Thomas of the 2nd: A RESOLUTION recognizing and commending Rev. Joseph A. Ware and congratulating him on his selection as grand marshal of the 2004 Savannah St. Patrick's Day Parade; and for other purposes. 1081 1076 JOURNAL OF THE SENATE Senators Johnson of the 1st and Thomas of the 2nd introduced members of the Savannah St. Patrick's Day Parade Committee, commended by SR 861. Grand Marshal Reverend Joseph A. Ware addressed the Senate briefly. SENATE RULES CALENDAR TUESDAY, MARCH 2, 2004 TWENTY-EIGHTH LEGISLATIVE DAY SR 671 Forsyth County Public Library System; commend (RULES-49th) SR 672 Parents; urged to take their children with them to vote (RULES-45th) SB 555 Nonprofit Corporations; provide notice by electronic transmission; definitions (JUDY-22nd) SB 39 Building permits through certain electronic media; application; payments (Substitute)(S&T-21st) SB 561 Electronic records/signatures; warranty deed; provide acceptance of signature (S&T-21st) HB 1180 Supplemental appropriations; FY 2003-2004 (Substitute) (APPROP- 4th) (Burkhalter-36th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SR 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. 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: 1082 TUESDAY, MARCH 2, 2004 1077 Y Adelman Y Balfour E Blitch Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt Lee Levetan E Me V Bremen Y Moody Y Mullis Y Price 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 47, nays 0. SR 671, having received the requisite constitutional majority, was adopted. 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. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Johnson Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes 1083 1078 JOURNAL OF THE SENATE Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan E Me V Bremen Y Moody Y Mullis Y Price Reed Y Seabaugh Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 52, nays 0. SR 672, having received the requisite constitutional majority, was adopted. SB 555. By Senators Hall of the 22nd and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Chapter 3 of Title 14 of the O.C.G.A., relating to nonprofit corporations, so as to provide for the updating of provisions relating to nonprofit corporations; to provide for definitions; to change certain provisions relating to notice requirements so as to provide for notice by electronic transmission; to provide for voting by electronic transmission pursuant to a court ordered meeting; to change certain provisions relating to publication of notice of intent to file articles of incorporation; to change a reference relating to ultra vires purposes and powers for conformity purposes; to change certain provisions relating to the definition of "nonprofit" and rights and powers of a nonprofit corporation; to amend Article 3 of Chapter 5 of Title 14 of the O.C.G.A., relating to corporations organized for religious, fraternal, or educational purposes, to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Blitch Y Bowen Y Brown Y Brush Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr 1084 TUESDAY, MARCH 2, 2004 1079 Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D 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 555, having received the requisite constitutional majority, was passed. Senator Hill of the 4th moved that HB 1180 be put upon its passage, pursuant to Senate Rule 111 (b). HB 1180. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th: A BILL to amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; and for other purposes. Senate Sponsor: Hill of the 4th At 12:22 p.m. the President announced that the Senate would stand in recess until 1:30 p.m. At 1:30 p.m. the President called the Senate to order. The Calendar was resumed. The Senate Appropriations Committee offered the following substitute to HB 1180: A BILL TO BE ENTITLED AN ACT To amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as 1085 1080 JOURNAL OF THE SENATE the "General Appropriations Act", approved June 9, 2003 (Ga. L. 2003, p. 29), so as to change certain appropriations for the State Fiscal Year 2003-2004; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: An act providing appropriations for the State Fiscal Year 2003-2004, as amended, known as the "General Appropriations Act" approved June 9, 2003 (Ga. L. 2003, p. 29), is further amended by striking everything following the enacting clause through Section 66, and by substituting in lieu thereof the following: "That the sums of money hereinafter provided are appropriated for the State Fiscal Year, beginning July 1, 2003 and ending June 30, 2004, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves, new revenues, and a revenue estimate of $14,604,836,107 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2004. Section 1 General Assembly Personal Services - General Assembly Staff Personal Services - Elected Officials Regular Operating Expenses Travel Staff Travel - Elected Officials Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees-Staff Contracts-Staff Per Diem and Fees-Elected Officials Contracts-Elected Officials Photography Expense Reimbursement Account $ 18,388,409 $ 5,457,157 $ 2,346,726 $ 92,250 $ 3,500 $ 717,000 $ 10,200 $ 7,479 $ 611,989 $ 320,357 $ 73,750 $ 3,475,903 $ 745,000 $ 105,000 $ 1,652,000 Senate Functional Budgets Objects of Expenditure Regular Operating Expenses Equipment Computer Charges Telecommunications Personal Services - General Assembly Staff Total Funds $ 250,822 $ 94,000 $ 3,200 $ 198,996 $ 5,462,037 1086 TUESDAY, MARCH 2, 2004 Personal Services - Elected Officials Travel - Staff Per Diem Fees and Contracts- Staff Per Diem and Fees-Elected Officials Photography Expense Reimbursement Account Travel - Elected Officials Contracts-Staff Functional Units Lt. Governor's Office Secretary of the Senate's Office Senate and Research Office Senate Budget Office State Funds $ 891,505 $ 1,212,212 $ 6,166,082 $ 410,008 Fund Allocations Total Funds State Funds House Functional Budgets Objects of Expenditure Regular Operating Expenses Equipment Computer Charges Telecommunications Personal Services - General Assembly Staff Personal Services - Elected Officials Travel - Staff Per Diem Fees and Contracts- Staff Per Diem and Fees-Elected Officials Photography Expense Reimbursement Account Contracts-Staff Functional Units State Funds Clerk of the House's Office $ 1,558,487 House of Representatives and Research Office $ 3,168,484 Speaker of the House's Office $ 457,858 Fund Allocations Total Funds State Funds 1081 $ 1,376,795 $ 27,000 $ 13,627 $ 821,330 $ 35,000 $ 392,000 $ 3,500 $ 1,500 Total Funds $ 891,505 $ 1,212,212 $ 6,166,082 $ 410,008 Fund Amount $ 8,679,807 $ 8,679,807 Total Funds $ 429,138 $ 75,000 $ 3,250 $ 321,593 $ 6,641,183 $ 4,080,362 $ 22,000 $ 16,730 $ 2,264,573 $ 70,000 $ 1,260,000 $ 1,000 Total Funds $ 1,558,487 $ 13,168,484 $ 457,858 Fund Amount $ 15,184,829 $ 15,184,829 1087 1082 JOURNAL OF THE SENATE Joint Offices Functional Budgets Objects of Expenditure Regular Operating Expenses Equipment Computer Charges Real Estate Rentals Telecommunications Personal Services - General Assembly Staff Travel - Staff Per Diem Fees and Contracts- Staff Per Diem and Fees-Elected Officials Contracts-Staff Contracts-Elected Officials Total Funds $ 1,666,766 $ 548,000 $ 3,750 $ 7,479 $ 91,400 $ 6,285,189 $ 43,250 $ 290,000 $ 390,000 $ 71,250 $ 745,000 Functional Units Ancillary Activities Budgetary Responsibility Oversight Committee Legislative Budget Office Legislative Counsel's Office Legislative Fiscal Office State Funds $ 3,354,138 $ 407,766 $ 1,215,430 $ 2,972,534 $ 2,192,216 Total Funds $ 3,354,138 $ 407,766 $ 1,215,430 $ 2,972,534 $ 2,192,216 Fund Allocations Total Funds State Funds Fund Amount $ 10,142,084 $ 10,142,084 For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support services in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative 1088 TUESDAY, MARCH 2, 2004 1083 Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payment to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2 Department of Audits Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Total Funds $ 25,643,631 $ 879,100 $ 400,000 $ 20,795 $ 1,423,000 $ 1,105,815 $ 332,224 $ 195,000 Functional Units Department of Audits State Funds $ 29,999,565 Total Funds $ 29,999,565 Fund Allocations Total Funds State Funds Fund Amount $ 29,999,565 $ 29,999,565 Section 3 Judicial Branch Objects of Expenditure Personal Services Other Operating Prosecuting Attorney's Council Judicial Administrative Districts Total Funds $ 16,618,242 $ 119,696,966 $ 4,688,731 $ 1,918,814 1089 1084 JOURNAL OF THE SENATE Payment to Council of Superior Court Clerks Payment To Resource Center $ 44,925 $ 600,000 Functional Units Council of Juvenile Court Judges Court of Appeals Georgia Office of Dispute Resolution Indigent Defense Council Institute of Continuing Judicial Education Judicial Council Judicial Qualifications Commission Superior Court - District Attorneys Superior Court - Judges Supreme Court of Georgia State Funds $ 1,384,901 $ 11,699,633 $ 348,186 $ 9,414,145 $ 1,048,305 $ 15,768,954 $ 250,642 $ 43,952,743 $ 49,239,435 $ 7,421,463 Total Funds $ 1,384,901 $ 11,789,633 $ 348,186 $ 9,414,145 $ 1,048,305 $ 15,853,954 $ 250,642 $ 45,496,648 $ 49,239,435 $ 8,741,829 Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Fund Amount $ 143,567,678 $ 1,628,905 $ 1,410,366 $ 140,528,407 The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of the Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys , Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorney's Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council and the Office of Dispute Resolution, 1090 TUESDAY, MARCH 2, 2004 1085 and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges. Section 4 Department of Administrative Services A: Budget Unit Department of Administrative Services Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Direct Payments to GBA for Operations Materials For Resale Health Planning Review Board Operations Payments to Aviation Hall Of Fame Payments to Golf Hall Of Fame Direct Payment to GBA for Capital Outlay Payments to Georgia Technology Authority Removal of Hazardous Waste Total Funds $ 18,893,559 $ 4,662,069 $ 278,513 $ 20,418 $ 148,582 $ 2,614,510 $ 1,122,144 $ 423,976 $ 731,397 $ 283,435 $ 1,867,799 $ 6,014,012 $ 32,077 $ 44,450 $ 68,737 $ 2,096,250 $ 21,171,786 $ 92,625 Functional Units Administration - DOAS -Fiscal Services Aviation Hall of Fame Executive Administration - DOAS Golf Hall Of Fame Governor's Small Business Center Hazardous Materials, Agency for Removal of Health Planning Review Board Office of the Treasury Risk Management State Office of Administrative Hearings State Properties Commission Statewide Business Services Support Services State Funds $ 27,882,638 $ 44,450 $ 1,286,028 $ 68,737 $ 915,450 $ 92,625 $ 32,077 $ 362,649 $0 $ 4,073,631 $ 612,461 $ 3,384,690 $ 408,840 Total Funds $ 30,705,213 $ 44,450 $ 1,397,033 $ 68,737 $ 928,147 $ 92,625 $ 32,077 $ 2,639,428 $ 3,006,134 $ 4,455,894 $ 612,461 $ 3,422,311 $ 13,161,829 Fund Allocations Total Funds Agency Funds Fund Amount $ 60,566,339 $ 325,586 1091 1086 JOURNAL OF THE SENATE Governor's Emergency Funds Non-State Funds State Funds Other State Funds B: Budget Unit -- Georgia Building Authority Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Capital Outlay Contracts Utilities Facilities Renovations and Repairs Building Access Control Payments to the Department of Public Safety Functional Units Executive Division - GBA External Operations Facilities Operations Internal Operations Property Resources Transportation - GBA State Funds $0 $0 $0 $0 $0 $0 Fund Allocations Total Funds Intra-State Agency Funding Non-State Funds State Funds C: Budget Unit -- Georgia Technology Authority Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment $0 $ 21,076,477 $ 39,164,276 $0 Total Funds $ 16,018,934 $ 6,148,810 $ 14,800 $ 100,000 $ 200,000 $ 307,000 $ 15,071 $ 281,700 $ 657,089 $ 5,808,583 $ 3,173,776 $ 7,839,685 $ 510,229 $ 1,670,244 $ 3,151,435 Total Funds $ 2,234,588 $ 4,284,785 $ 27,439,242 $ 1,184,402 $ 7,646,451 $ 3,107,888 Fund Amount $ 45,897,356 $ 4,065,691 $ 41,831,665 $0 Total Funds $ 54,658,111 $ 5,370,000 $ 490,140 $ 185,485 1092 TUESDAY, MARCH 2, 2004 1087 Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Telephone Billings Radio Billings Materials for Resale $ 33,673,324 $ 4,151,132 $ 6,000 $ 14,319,286 $ 400,000 $ 82,323,000 $ 501,019 $ 3,481,106 Functional Units Georgia Technology Authority State Funds $0 Total Funds $ 199,558,603 Fund Allocations Total Funds Intra-State Agency Funding Non-State Funds State Funds Fund Amount $ 199,558,603 $ 21,714,652 $ 177,843,951 $0 It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services. Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2003 of all vehicles purchased or newly leased during Fiscal Year 2003. Notwithstanding any provision of the law to the contrary, in managing any of the selfinsurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs. Section 5 Department of Agriculture Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Total Funds $ 32,587,578 $ 3,850,488 $ 1,043,708 $0 $ 412,082 $ 664,341 $ 1,198,343 1093 1088 JOURNAL OF THE SENATE Telecommunications Per Diem and Fees Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary Laboratory Poultry Veterinary Diagnostic Labs Veterinary Fees Indemnities Advertising Contract Repairs and Maintenance at Major and Minor Markets Contract-Federation of Southern Cooperatives Functional Units Animal Industry Consumer Protection Field Forces Internal Administration - Agri Marketing Plant Industry Public Affairs/Animal Prot. Seed Technology State Funds $ 12,141,910 $ 8,040,138 $ 4,119,825 $ 7,372,498 $ 7,111,865 $ 2,444,558 $0 Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Section 6 Department of Banking and Finance Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Functional Units Department of Banking and Finance State Funds $ 10,456,726 Fund Allocations Total Funds $ 375,509 $ 33,500 $ 1,479,998 $ 566,619 $ 3,357,556 $ 3,042,091 $ 142,000 $ 10,000 $ 425,000 $ 653,000 $ 39,000 Total Funds $ 15,104,598 $ 11,350,495 $ 4,326,379 $ 7,451,391 $ 8,400,602 $ 2,444,558 $ 802,790 Fund Amount $ 49,880,813 $ 7,027,377 $ 1,622,642 $ 41,230,794 Total Funds $ 9,019,389 $ 269,039 $ 318,557 $ 2,347 $ 170,978 $ 548,975 $ 117,006 $ 10,435 Total Funds $ 10,456,726 Fund Amount $ 10,456,726 1094 TUESDAY, MARCH 2, 2004 State Funds Section 7 Department of Community Affairs Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Contracts for Region Planning and Development Local Assistance Grants Appalachian Regional Commission Assessment Payments to the Georgia Environmental Facilities A Home Program Payments to the Sports Hall of Fame Payments to the State Housing Trust Fund Regional Economic Business Assistance Grants-GHFA Contracts-Homeless Assistance Community Service Grant HUD Section 8 Rental Assistance HUD Community Development Block Pass-Thru Grants Regional Economic Development Grants Georgia Regional Transportation Authority GHFA-Georgia Cities Foundation Georgia Leadership Infrastructure Investment Fund Quality Growth Program One Georgia Fund Functional Units Administrative and Computer Support Division Business and Financial Assistance Division Community Service Division Environmental Facilities Authority, Georgia Executive Division - DCA Finance Division Georgia Music Hall of Fame Housing and Finance Division OneGeorgia Authority State Funds $ 807,894 $ 4,712,673 $ 291,749 $ 307,125 $ 668,782 $ 588,417 $ 789,196 $ 2,834,618 $ 65,834,093 1089 $ 10,456,726 Total Funds $ 23,130,117 $ 1,979,687 $ 611,739 $0 $ 166,022 $ 573,436 $ 1,553,553 $ 527,611 $ 970,976 $ 637,913 $ 1,873,256 $ 15,000 $ 160,500 $ 307,125 $ 2,834,618 $ 772,189 $ 2,925,000 $ 2,808,000 $ 1,250,000 $ 5,000,000 $ 50,000,000 $ 30,000,000 $0 $ 4,556,478 $ 731,250 $ 495,000 $ 195,000 $ 65,834,093 Total Funds $ 2,543,933 $ 36,473,681 $ 61,852,970 $ 307,125 $ 935,702 $ 2,254,526 $ 1,264,010 $ 9,153,794 $ 65,834,093 1095 1090 JOURNAL OF THE SENATE Planning and Environmental Management Div Regional Transportation Authority, Georgia Rural Development Division Sports Hall of Fame Authority, Georgia State Housing Trust Fund for the Homeless $ 4,084,033 $ 4,556,478 $ 4,368,744 $ 772,189 $ 2,925,000 $ 4,270,422 $ 4,556,478 $ 4,863,744 $ 772,189 $ 4,825,896 Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Tobacco Funds Fund Amount $ 199,908,563 $ 93,325,497 $ 13,042,075 $ 93,540,991 $ 65,834,093 Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows: If a local assistance grant below incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose. If a local assistance grant below states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character. Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature form the private entity. If a local assistance grant states that it is for the purchase of property for a private entity or the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property. Recipient Description City of Milledgeville Funding for operating expenses; Silver Haired Legislature Amount $ 15, 000 Section 8 Department of Community Health A: Budget Unit Medicaid Services Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Total Funds $ 33,074,352 $ 8,328,073 $ 388,883 $0 $ 75,136 1096 TUESDAY, MARCH 2, 2004 1091 Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Purchase of Service Contracts Health Insurance Payments Medical Fair Loan Repayment Program Medical Student Capitation Special Purpose Contracts Grant In Aid to Counties Medicaid Benefits, Penalties and Disallowances Audit Contracts Medical Scholarships Capitation Contracts for Family Practice Residency Residency Capitation Grants Student Preceptorships Mercer School of Medicine Grants Morehouse School of Medicine Grant SREB Payments Pediatric Residency Capitation Preventive Medicine Capitation $ 92,768,439 $ 1,793,945 $ 898,341 $ 1,499,495 $ 392,681,680 $ 183,244 $ 1,009,000,000 $ 61,258 $ 350,757 $ 3,573,676 $0 $ 530,942 $ 5,437,215,382 $ 1,097,500 $ 728,000 $ 3,800,983 $ 2,023,883 $ 50,000 $ 18,142,841 $ 7,955,685 $ 401,225 $ 435,722 $ 110,255 Functional Units Board of Medical Examiners Commissioner's Office - DCH Community Affairs - Community Health Financial Services - Community Health Georgia Board for Physician Workforce Information Technology Managed Care and Quality Medicaid Benefits, Penalties and Disallowances Medicaid Program Services Medical Education Board Minority Health Office of General Counsel Operations - Community Health Planning and Fiscal Policy Primary and Rural Health Public Employee Health Claims State Health Benefit Plan Women's Health State Funds $ 2,229,223 $ 558,110 $ 181,911 $ 2,832,795 $ 36,986,151 $ 25,419,876 $ 1,095,943 $ 1,715,586,620 $ 8,805,154 $ 1,353,724 $ 277,295 $ 3,036,444 $ 2,656,538 $ 1,802,587 $ 2,204,650 $ 34,000,000 $0 $ 339,080 Total Funds $ 2,229,223 $ 878,539 $ 363,822 $ 6,392,920 $ 36,986,151 $ 102,875,219 $ 2,191,886 $5,437,215,382 $ 93,296,172 $ 1,353,724 $ 507,683 $ 6,186,134 $ 6,686,039 $ 3,057,906 $ 2,601,647 $1,009,000,000 $ 304,991,665 $ 355,585 1097 1092 JOURNAL OF THE SENATE Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Tobacco Funds Fund Amount $ 7,017,169,697 $ 3,425,330,499 $ 1,752,473,097 $ 1,839,366,101 $ 53,116,681 B: Budget Unit Indigent Care Trust Fund Objects of Expenditure Contracts Payments to Nursing Homes Benefits Total Funds $ 8,200,000 $ 241,927,965 $ 360,067,504 Functional Units Indigent Care Trust Fund State Funds $ 90,602,023 Total Funds $ 610,195,469 Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Other State Funds Fund Amount $ 610,195,469 $ 370,764,566 $ 148,828,880 $ 90,602,023 $ 90,602,023 C: Budget Unit PeachCare for Kids Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Telecommunications Contracts Peachcare Benefits, Penalties and Disallowances Total Funds $ 368,353 $ 165,254 $ 45,000 $ 1,155 $ 130,599 $ 11,675 $ 10,085,357 $ 274,173,593 Functional Units PeachCare for Kids State Funds $ 81,184,187 Total Funds $ 284,980,986 Fund Allocations Total Funds Federal Funds State Funds Tobacco Funds Fund Amount $ 284,980,986 $ 203,796,799 $ 81,184,187 $ 4,970,705 1098 TUESDAY, MARCH 2, 2004 1093 There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the provider fees paid to the Indigent Care Trust Fund created pursuant to Article 6A of Chapter 8 of Title 31. The sum of money is appropriated for payments to nursing homes pursuant to Article 6A. It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 2004 shall not exceed 13.1%. It is the intent of this General Assembly that the employer contribution rate for the state employees' health benefit plan for SFY 2004 shall not exceed 13.1%. Section 9 Department of Corrections Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Health Services Purchases Court Costs County Subsidy County Subsidy For Jails Central Repair Fund Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals Inmate Release Fund UGA College of Veterinary Medicine Contracts Minor Construction Fund Total Funds $ 545,711,723 $ 64,058,000 $ 2,002,328 $ 1,809,244 $ 2,491,894 $ 5,681,517 $ 7,792,861 $ 7,178,331 $ 42,637 $ 76,074,263 $ 26,309,405 $ 131,109,077 $ 1,300,000 $ 37,726,400 $ 15,350,000 $ 1,093,624 $ 4,268,025 $ 1,627,150 $ 577,160 $ 1,450,000 $ 449,944 $ 1,024,200 Functional Units Administration Division Executive Operations Facilities Division Human Resources Division Probation Division Programs Division State Funds $ 17,682,432 $ 30,351,748 $ 631,956,089 $ 11,953,841 $ 78,521,607 $ 135,874,434 Total Funds $ 17,682,432 $ 30,801,748 $ 647,609,708 $ 11,953,841 $ 82,741,411 $ 144,338,643 1099 1094 JOURNAL OF THE SENATE Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds Section 10 Department of Defense Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Authority Lease Rentals Contracts Functional Units Georgia Air National Guard Georgia Army National Guard Office of the Adjutant General Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Section 11 State Board of Education A: Budget Unit Department of Education Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Capital Outlay State Funds $ 985,832 $ 4,813,538 $ 2,096,505 Fund Amount $ 935,127,783 $ 10,116,249 $ 450,000 $ 18,221,383 $ 906,340,151 Total Funds $ 17,591,519 $ 23,939,607 $ 90,875 $ 52,800 $ 68,625 $ 43,211 $ 1,022,261 $ 1,341,895 $ 9,930 $ 244,000 Total Funds $ 7,479,634 $ 34,568,301 $ 2,356,788 Fund Amount $ 44,404,723 $ 34,082,735 $ 2,426,113 $ 7,895,875 Total Funds $ 42,333,072 $ 5,770,285 $ 1,255,935 $ 292,680 $ 9,573,252 $ 1,135,404 $ 903,485 $ 4,270,787 $ 30,569,700 1100 TUESDAY, MARCH 2, 2004 Contracts Utilities Kindergarten/Grades 1-3 Grades 4-8 Grades 9-12 Vocational Education Labs Special Education Gifted Remedial Education Staff Development and Professional Develop Media Indirect Cost Pupil Transportation Local Five Mill Share Mid-Term Adjustment-Reserve Equalization Formula Sparsity Grants Special Education Low - Incidence Grants Limited English-Speaking Students TITLE I-A, Improving Basic Programs Op by LEA Retirement -H.B. 272 and H.B. 1321 Instructional Services for the Handicapped Tuition for the Multi-Handicapped Severely Emotionally Disturbed School Lunch -Federal School Lunch -State Regional Education Service Agencies Georgia Learning Resources System High School Program - Technology/ Career Education Special Education In State Institutions Vocational Research and Curriculum TITLE I-B, Even Start PSAT TITLE V, Innovative Programs Payments of Federal Funds to Bd. Of Dept of Techni Education of Homeless Children/Youth Next Generation School Grants TITLE IV-A1 Safe and Drug Free Schools and Communi Emergency Immigrant Education Program Byrd Honor Scholarships Health Insurance-Non-Cert. Personnel and Retired T Pre-School Handicapped Program Mentor Teachers 1095 $ 41,805,506 $ 772,896 $ 1,693,656,941 $ 1,558,335,891 $ 748,004,010 $ 196,506,716 $ 761,520,976 $ 176,850,170 $ 23,587,944 $ 30,517,972 $ 147,220,233 $ 905,991,469 $ 157,439,881 $ (1,206,225,204) $ 118,649,246 $ 288,182,775 $ 6,352,443 $ 826,722 $ 66,740,638 $ 309,883,868 $ 5,508,750 $ 191,495,397 $ 1,746,166 $ 66,287,536 $ 188,375,722 $ 36,246,276 $ 11,111,789 $ 4,911,783 $ 48,796,542 $ 3,744,077 $ 55,951 $ 7,021,675 $ 719,129 $ 9,389,202 $ 16,909,425 $ 1,546,542 $ 384,555 $ 10,567,629 $ 639,390 $ 1,188,000 $ 107,826,070 $ 21,881,401 $ 1,158,544 1101 1096 JOURNAL OF THE SENATE Advanced Placement Exams Serve America Program Youth Apprenticeship Grants Alternative Programs Joint Evening Programs Pay For Performance Charter Schools Migrant Education -State Post Secondary Options / HOPE Joint Enrollment TITLE I-F, Comprehensive School Reform Partnerships in Character Education Test Development Contracts Information Technology Contracts National Teacher Certification Principal Supplements Reading Program School Improvement Teams Communities in Schools Knowledge is Power Program Additional Instruction TITLE I-C Education of Migrant Children TITLE 1-D, Negelected and Delinquent TITLE II-A, Improve Teacher Quality TITLE II-D, Enhancing Education thru Technology TITLE III-A, English Language Acquistion TITLE IV-B, 21st Century Communication TITLE VI-B, Rural and Low-Income Reductions to QBE Formula Earnings High School Program - Agricultural Education $ 1,608,000 $ 150,000 $ 4,022,464 $ 69,289,416 $ 786,651 $ 5,702,222 $ 7,301,341 $ 267,535 $ 1,631,573 $ 8,478,748 $ 250,000 $ 10,975,646 $ 3,644,339 $ 6,894,490 $ 5,643,290 $ 75,422,493 $ 11,636,228 $ 1,405,919 $ 11,466 $ 46,621,410 $ 8,626,018 $ 2,000,255 $ 72,520,695 $ 17,764,034 $ 6,786,358 $ 8,691,764 $ 6,941,585 $ (283,457,474) $ 7,289,841 Functional Units Atlanta Area School for the Deaf Curriculum and Instruction Finance and Business Operations Georgia Academy for the Blind Georgia School for the Deaf Governor's Honors Program Information Technology Local Programs Policy and External Affairs State Superintendent Teacher and Student Support State Funds $ 6,482,032 $ 6,055,524 $ 6,388,718 $ 5,862,005 $ 5,494,104 $ 1,394,519 $ 15,088,951 $ 5,864,500,818 $ 6,103,964 $ 306,548 $ 2,696,910 Total Funds $ 6,820,293 $ 23,871,834 $ 13,250,398 $ 6,125,523 $ 5,920,575 $ 1,472,108 $ 20,567,286 $6,869,822,725 $ 6,407,280 $ 306,548 $ 14,578,981 1102 TUESDAY, MARCH 2, 2004 1097 Fund Allocations Total Funds Agency Funds Federal Funds Non-State Funds State Funds Fund Amount $ 6,969,143,551 $0 $ 1,047,582,903 $ 1,186,555 $ 5,920,374,093 B: Budget Unit Office of School Readiness Objects of Expenditure Personal Services Regular Operating Expenses Travel Computer Charges Telecommunications Per Diem and Fees Pre-Kindergarten - Grants Pre-Kindergarten - Personal Services Pre-Kindergarten - Operations Standards of Care Federal Nutrition Grants Total Funds $ 1,123,882 $ 29,783 $ 43,283 $ 3,000 $ 10,351 $ 5,000 $ 252,493,071 $ 2,131,565 $ 4,909,478 $ 667,000 $ 75,495,529 Functional Units Office of School Readiness State Funds $ 260,749,413 Total Funds $ 336,911,942 Fund Allocations Total Funds Federal Funds State Funds Lottery Funds Fund Amount $ 336,911,942 $ 76,162,529 $ 260,749,413 $ 259,534,114 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,342.72. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. Section 12 Employees' Retirement System of Georgia Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Total Funds $ 3,697,923 $ 724,200 $ 29,000 $0 $ 12,450 $ 1,269,708 $ 561,195 1103 1098 JOURNAL OF THE SENATE Telecommunications Per Diem and Fees Contracts Georgia Military Pension Fund Functional Units Employees' Retirement System State Funds $ 617,000 Fund Allocations Total Funds Non-State Funds State Funds Public School Employee's Retirement System of Georgia Objects of Expenditure Employer Contributions Administration Fee to ERS Functional Units Public School Employees' Retirement System State Funds $ 1,420,696 Fund Allocations Total Funds State Funds Section 13 State Forestry Commission Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Ware Co.-Ad Valorem Tax Ware Co.-Southern Forest World Functional Units Field Services - Forestry General Administration and Support State Funds $ 30,047,837 $ 3,453,676 $ 94,002 $ 1,091,000 $ 3,500,000 $ 617,000 Total Funds $ 11,596,478 Fund Amount $ 11,596,478 $ 10,979,478 $ 617,000 Total Funds $ 833,196 $ 587,500 Total Funds $ 1,420,696 Fund Amount $ 1,420,696 $ 1,420,696 Total Funds $ 29,581,589 $ 5,730,944 $ 120,671 $ 894,579 $ 1,727,651 $ 357,000 $ 11,518 $ 723,271 $ 9,500 $ 544,260 $ 60,000 $0 Total Funds $ 34,103,948 $ 3,621,831 1104 TUESDAY, MARCH 2, 2004 Reforestation $ 3,348 Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Section 14 Georgia Bureau of Investigation Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Evidence Purchased Crime Victims Assistance Program Criminal Justice Grants Functional Units Administration - GBI Criminal Justice Coordinating Council Forensic Sciences Georgia Crime Information Center Investigative State Funds $ 6,181,937 $ 332,266 $ 17,690,792 $ 10,553,723 $ 25,095,702 Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Section 15 Office of the Governor Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases 1099 $ 2,035,204 Fund Amount $ 39,760,983 $ 822,000 $ 5,434,122 $ 33,504,861 Total Funds $ 48,386,014 $ 5,576,524 $ 399,199 $ 233,921 $ 220,443 $ 407,820 $ 497,670 $ 1,152,693 $ 2,231,277 $ 2,319,974 $ 288,667 $ 1,500,000 $ 27,783,371 Total Funds $ 6,181,937 $ 31,311,099 $ 17,855,112 $ 10,553,723 $ 25,095,702 Fund Amount $ 90,997,573 $ 28,974,715 $ 2,168,438 $ 59,854,420 Total Funds $ 21,240,587 $ 1,558,980 $ 348,070 $0 1105 1100 JOURNAL OF THE SENATE Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Troops To Teachers Cost Of Operations Mansion Allowance Governor's Emergency Fund Intern Program Expense Art Grants of State Funds Art Grants of Non-State Funds Humanities Grants - State Grants - Local EMA Grants - Civil Air Patrol Grants-GEMA Disaster $ 59,911 $ 439,488 $ 1,173,160 $ 555,212 $ 1,430,170 $ 4,804,415 $ 111,930 $ 4,901,136 $ 40,000 $ 3,861,681 $ 358,595 $ 3,572,584 $ 274,194 $ 162,630 $ 1,085,000 $ 57,000 $0 Functional Units Child Advocate Council for the Arts Education Accountability Georgia Council for American Indian Concerns Georgia Emergency Management Agency Governor's Office Office of Consumer Affairs Office of Equal Opportunity Office of Homeland Security Office of Planning and Budget Office of the Inspector General Professional Standards Commission State Funds $ 719,483 $ 4,238,420 $ 1,206,888 $ 30,000 $ 2,180,823 $ 9,161,412 $ 3,476,691 $ 764,177 $ 712,793 $ 9,479,890 $ 932,369 $ 6,650,349 Total Funds $ 719,483 $ 4,902,513 $ 1,472,888 $ 30,000 $ 6,665,342 $ 9,161,412 $ 4,044,380 $ 1,151,394 $ 712,793 $ 9,479,890 $ 932,369 $ 6,762,279 Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Fund Amount $ 46,034,743 $ 5,590,903 $ 890,545 $ 39,553,295 There is hereby appropriated to the Office of the Governor the sum of $350,000 of the moneys collected in accordance with O.C.G.A. Title 10, Chapter 1, Article 28. The sum of the money is appropriated for use by the Office of Consumer Affairs for all the purposes for which such moneys may be appropriated pursuant to Article 28. 1106 TUESDAY, MARCH 2, 2004 1101 It is the intent of the General Assembly that of funds appropriated for Governor's Emergency Fund, $1,500,000 is intended for relief in declared disasters. Section 16 Department of Human Resources 1. General Administration and Support Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Postage Purchase of Service Contracts Indirect Cost Payments - DMA-Community Care Major Maintenance and Construction Brain and Spinal Trust Fund Benefits Total Funds $ 105,727,584 $ 5,767,683 $ 2,696,250 $0 $ 480,911 $ 55,163,865 $ 10,264,593 $ 16,556,084 $ 5,593,270 $ 31,540,441 $ 2,095,936 $ 87,093,017 $0 $ 34,317,677 $ 163,451 $ 1,850,000 Functional Units Admin - Indirect Cost Aging Services Auditing Services Brain and Spinal Trust Fund Benefits Child Care Licensing Children's Community Based Initiative Commissioner's Office - DHR Admin Computer Services Developmental Disabilities Council Facilities Management Financial Services Fraud and Abuse/Investigative Services Health Care Facilities Regulation Human Resources Development Human Resources Management Gen. Admin. Office of Adoption Office of Child Support Enforcement Office of Facilities and Support Services Office of Planning and Budget Services State Funds $ (17,961,135) $ 64,291,541 $ 2,483,613 $ 2,000,000 $ 3,650,087 $ 7,983,635 $ 1,191,672 $ 34,591,689 $ 29,023 $ 6,499,514 $ 5,467,231 $ 1,786,944 $ 5,717,529 $ 1,239,398 $ 6,668,108 $ 5,602,214 $ 16,181,767 $ 5,557,937 $ 4,114,656 Total Funds $0 $ 98,847,723 $ 2,483,613 $ 2,000,000 $ 3,826,081 $ 8,258,635 $ 1,191,672 $ 70,374,452 $ 2,276,763 $ 8,677,297 $ 9,856,941 $ 6,553,468 $ 12,251,053 $ 1,239,398 $ 6,668,108 $ 8,848,033 $ 68,143,150 $ 5,548,437 $ 4,143,173 1107 1102 JOURNAL OF THE SENATE Policy and Government Services Regulatory Services - Program Dir. And Support Technology and Support Transportation Services $ 1,246,407 $ 677,915 $ 13,239,892 $ 2,771,004 Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds Other State Funds Tobacco Funds 2. Public Health Budget Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Real Estate Rentals Telecommunications Per Diem and Fees Contracts Postage Purchase of Service Contracts Indirect Cost Special Purpose Contracts Grant In Aid to Counties Medical Benefits Functional Units Adolescent Health AIDS Cancer Control Children's Medical Services Chronic Disease Community Health Management Community Tuberculosis Control Director's Office - Public Health District Health Administration Drug and Clinic Supplies Early Intervention State Funds $ 2,885,718 $ 15,080,753 $ 8,225,968 $ 6,248,767 $ 1,884,391 $ 294,270 $ 4,242,787 $ 2,733,139 $ 13,444,126 $ 4,079,320 $ 10,336,018 $ 1,396,407 $ 952,428 $ 16,911,419 $ 18,862,511 Fund Amount $ 359,310,762 $ 176,387,276 $ 3,982,840 $ 3,919,505 $ 175,030,641 $ 2,000,000 $ 8,278,248 Total Funds $ 55,755,173 $ 77,472,557 $ 885,429 $ 195,367 $ 1,509,862 $ 1,032,038 $ 1,053,033 $ 9,229,433 $ 196,235 $ 28,118,650 $0 $ 308,000 $ 153,888,428 $ 6,138,072 Total Funds $ 12,580,279 $ 21,942,470 $ 8,225,968 $ 13,078,079 $ 1,884,391 $ 294,270 $ 5,841,748 $ 3,011,205 $ 13,601,694 $ 12,152,398 $ 13,037,544 1108 TUESDAY, MARCH 2, 2004 Emergency Health Environmental Health Epidemiology Family Health Management Family Planning Grant in Aid to Counties Health Services Research High-Risk Pregnant Women and Infants Immunization Infant and Child Health Injury Control Laboratory Services Maternal Health - Perinatal Newborn Follow-Up Care Oral Health Primary Health Care Public Health - Division Indirect Cost Public Health - Planning Councils Sexually Transmitted Diseases Sickle Cell, Vision and Hearing Smoking Prevention and Cessation Stroke and Heart Attack Prevention Vital Records Women, Infants and Children Nutrition $ 2,319,293 $ 1,569,193 $ 3,100,969 $ 1,286,761 $ 725,000 $ 66,347,829 $ 936,370 $ 5,235,227 $0 $ 461,052 $ 143,983 $ 7,752,630 $ 1,183,521 $ 2,425,625 $ 2,578,298 $ 477,088 $ (4,024,899) $ 127,890 $ 1,009,508 $ 5,685,222 $ 11,434,586 $ 985,089 $ 1,983,776 $0 Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds Tobacco Funds 3. Family and Children Services Budget Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Real Estate Rentals Telecommunications Per Diem and Fees Contracts 1103 $ 3,762,641 $ 2,100,668 $ 3,460,209 $ 2,192,913 $ 11,695,479 $ 67,334,380 $ 936,370 $ 5,235,227 $ 1,702,964 $ 682,913 $ 255,988 $ 7,902,630 $ 2,867,080 $ 5,402,983 $ 2,903,473 $ 593,232 $0 $ 145,387 $ 3,285,095 $ 6,452,041 $ 11,434,586 $ 2,195,951 $ 2,264,558 $ 85,325,463 Fund Amount $ 335,782,277 $ 152,038,161 $ 324,160 $ 220,688 $ 183,199,268 $ 22,193,977 Total Funds $ 13,908,298 $ 3,172,895 $ 1,206,903 $ 237,019 $ 455,237 $ 669,785 $ 6,681,954 $ 8,584,832 1109 1104 JOURNAL OF THE SENATE Postage Service Benefits For Children Purchase of Service Contracts Indirect Cost Grants to County DFCS - Operations Special Purpose Contracts Children's Trust Fund Cash Benefits Functional Units Adoption Supplement Child Care and Parent Services Children's Trust Fund Community Services - DHR DFCS County DFACS Operations - Eligibility County DFACS Operations - Employability County DFACS Operations - Homemaker County DFACS Operations - Joint and Admin. County DFACS Operations - Social Services Day Care DFCS - Indirect Cost Director's Office - DHR DFCS Economic Support Employability Benefits Energy Benefits Family Foster Care Field Management Fiscal Management Food Stamp Issuance Institutional Foster Care Legal Services Prevention of Foster Care Professional Development - DFCS Quality Assurance/Evaluation and Reporting Refugee Programs Social Services Special Projects Specialized Foster Care Temporary Assistance for Needy Families Troubled Children/MATCH Fund Allocations Total Funds State Funds $ 28,604,393 $ 419,493 $ 7,453,650 $ 1,939,005 $ 50,490,070 $ 10,247,979 $0 $ 45,117,639 $ 64,504,087 $ 49,941,358 $ (12,942,832) $ 981,512 $ 2,965,042 $ 10,743,985 $0 $ 37,137,938 $ 2,856,460 $ 2,631,522 $0 $ 40,213,414 $ 2,670,531 $ 3,069,048 $ 3,240,013 $ 3,734,855 $0 $ 5,850,973 $ 3,997,204 $ 7,851,508 $ 50,584,878 $ 36,720,495 $ 2,401,505 $ 474,778,521 $ 31,064,866 $0 $ 389,494,849 $ 7,212,714 $ 7,461,938 $ 123,303,498 Total Funds $ 49,863,693 $ 419,493 $ 7,453,650 $ 14,160,081 $ 115,435,327 $ 26,143,148 $ 7,802,877 $ 91,917,141 $ 148,596,356 $ 174,750,043 $0 $ 981,512 $ 2,965,042 $ 43,105,900 $ 7,223,130 $ 68,872,403 $ 2,856,460 $ 4,617,351 $ 3,190,752 $ 61,823,596 $ 6,546,322 $ 16,744,598 $ 5,233,714 $ 3,734,855 $ 2,795,420 $ 7,040,444 $ 4,037,204 $ 13,280,480 $ 114,134,948 $ 64,908,874 Fund Amount $1,070,634,814 1110 TUESDAY, MARCH 2, 2004 1105 Federal Funds Non-State Funds State Funds Tobacco Funds $ 554,653,450 $ 54,957,144 $ 461,024,220 $ 3,341,218 4. Community Mental Health / Mental Retardation and Institutions Objects of Expenditure Total Funds Personal Services $ 298,642,606 Motor Vehicle Purchases $ 200,000 Utilities $ 9,483,000 Operating Expenses $ 59,427,232 Major Maintenence and Construction $ 1,991,161 Community Services $ 477,665,750 Functional Units Augusta Regional Hospital Central State Hospital Community Mental Health Services Community Mental Retardation Services Community Substance Abuse Services Georgia Regional Hospital at Atlanta Georgia Regional Hospital at Savannah Gracewood State School and Hospital MH/MR/SA Administration Northwest Regional Hospital at Rome Outdoor Therapeutic Programs Regional Administration Southwestern State Hospital State mental health/mental retardation instit. West Central Regional Hospital State Funds $ 15,387,651 $ 66,184,221 $ 197,011,106 $ 132,992,447 $ 47,117,757 $ 30,813,465 $ 17,111,722 $ 18,209,219 $ 6,759,666 $ 23,156,663 $ 3,333,322 $ 6,948,080 $ 20,048,780 $ 8,458,874 $ 19,457,788 Total Funds $ 21,301,244 $ 116,022,689 $ 210,033,608 $ 167,227,086 $ 102,243,658 $ 41,929,429 $ 21,567,229 $ 46,796,420 $ 15,241,492 $ 33,736,471 $ 4,274,012 $ 9,093,254 $ 33,618,704 $0 $ 24,324,453 Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds Tobacco Funds Fund Amount $ 847,409,749 $ 123,187,417 $ 1,313,100 $ 118,377,345 $ 612,990,761 $ 10,255,138 The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of 1111 1106 JOURNAL OF THE SENATE application; and the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group 1 2 3 4 5 6 7 8 9 10 11 Standards of Need $ 235 356 424 500 573 621 672 713 751 804 860 Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568 Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment. Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval. Provided, that of the above appropriations relative to the treatment of Hemophilia and it's complications, these funds may be used to provide treatment and care to the bleeding disorders community or to purchase insurance to provide this treatment and care, whichever is less. Section 17 Department of Industry, Trade and Tourism Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Total Funds $ 12,535,010 $ 1,211,202 $ 590,306 $ 15,597 $ 376,336 $ 829,284 $ 416,120 $ 35,200 1112 TUESDAY, MARCH 2, 2004 Contracts Georgia Ports Authority Lease Rentals Local Welcome Center Contracts Marketing Waterway Development In Georgia Functional Units Administration - DITT Economic Development Film Tourism Trade Fund Allocations Total Funds State Funds Section 18 Department of Insurance Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Functional Units Fire Safety and Mobile Home Regulations Industrial Loans Regulation Insurance Regulation Internal Administration - Insurance Special Insurance Fraud Fund Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State Funds $ 26,671,441 $ 6,835,411 $ 609,492 $ 4,584,404 $ 2,910,020 State Funds $ 3,790,305 $ 510,639 $ 4,607,360 $ 5,145,354 $ 2,473,853 1107 $ 828,023 $ 15,822,532 $ 244,335 $ 8,658,073 $ 48,750 Total Funds $ 26,671,441 $ 6,835,411 $ 609,492 $ 4,584,404 $ 2,910,020 Fund Amount $ 41,610,768 $ 41,610,768 Total Funds $ 15,043,088 $ 702,947 $ 433,030 $ 80,176 $ 20,000 $ 223,000 $ 622,028 $ 353,700 $ 86,042 Total Funds $ 4,826,805 $ 510,639 $ 4,607,360 $ 5,145,354 $ 2,473,853 Fund Amount $ 17,564,011 $ 954,555 $ 81,945 $ 16,527,511 1113 1108 JOURNAL OF THE SENATE Section 19 Department of Juvenile Justice Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Service Benefits For Children Children And Youth Grants Juvenile Justice Grants Institutional Repairs and Maintenance Functional Units Assessment and Classification Children and Youth Coordinating Council Community Corrections Court Services Day Centers Group Homes Multi-Service Centers Office of Training Regional Youth Development Centers Transportation - Juvenile Justice YDC Purchased Services Youth Development Centers Youth Services Administration Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Section 20 Department of Labor A: Budget Unit Department of Labor Objects of Expenditure Personal Services State Funds $ 911,303 $ 832,092 $ 41,217,008 $ 29,803,116 $ 574,022 $ 1,848,949 $ 4,252,246 $ 3,255,802 $ 80,598,300 $ 1,561,125 $ 21,462,996 $ 67,350,581 $ 19,800,182 Total Funds $ 162,525,770 $ 14,390,568 $ 2,167,512 $ 214,143 $ 686,951 $ 3,398,720 $ 4,202,418 $ 2,255,742 $ 4,329,248 $ 5,438,254 $ 3,260,451 $ 89,071,145 $ 200,000 $ 1,203,259 $ 383,333 Total Funds $ 911,303 $ 2,282,648 $ 50,578,032 $ 34,307,923 $ 574,022 $ 1,848,949 $ 4,342,246 $ 3,255,802 $ 82,102,260 $ 1,561,125 $ 22,366,803 $ 69,598,000 $ 19,998,401 Fund Amount $ 293,727,514 $ 2,282,612 $ 17,977,180 $ 273,467,722 Total Funds $ 87,837,168 1114 TUESDAY, MARCH 2, 2004 Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Payments to State Treasury WIA Contracts Functional Units Department of Labor State Funds $ 24,792,062 Fund Allocations Total Funds Federal Funds Non-State Funds State Funds B: Budget Unit Division of Rehabilitation Services Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Purchase of Service Contracts Special Purpose Contracts Case Services Major Maintenance and Construction Functional Units Administration - Rehab Business Enterprise Program Disability Adjudication Georgia Industry for the Blind State Funds $ 2,410,128 $ 347,875 $0 $ 701,562 1109 $ 7,405,831 $ 1,481,527 $ 34,858 $ 566,309 $ 2,710,148 $ 2,830,503 $ 1,910,832 $ 2,588,378 $ 1,508,987 $ 1,287,478 $ 54,500,000 Total Funds $ 164,662,019 Fund Amount $ 164,662,019 $ 129,468,740 $ 10,401,217 $ 24,792,062 Total Funds $ 92,969,382 $ 14,030,595 $ 2,003,571 $ 39,095 $ 1,085,790 $ 2,573,235 $ 6,022,313 $ 2,953,221 $ 7,314,026 $ 4,425,033 $ 12,545,710 $ 1,080,076 $ 41,304,191 $ 255,000 Total Funds $ 3,887,774 $ 1,651,003 $ 55,297,080 $ 11,800,937 1115 1110 JOURNAL OF THE SENATE Roosevelt Warm Springs Institute Vocational Rehabilitation Services $ 6,679,678 $ 17,536,493 $ 30,389,768 $ 85,574,676 Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds Fund Amount $ 188,601,238 $ 128,292,500 $ 150,000 $ 32,483,002 $ 27,675,736 Provided, from funds known as Reed Act funds credited to and held in this state's account in the Unemployment Trust Fund by the United States Secretary of the Treasury pursuant to the "Job Creating and Worker Assistance Act of 2002" (P.L. 107-147) and Section 903(d) of the Social Security Act, as amended, $49,339,507 is designated for administration of the unemployment compensation law and public employment offices, including workforce information service delivery, technology, resources, and equipment to support employment, workforce staff training, studies and reports, buildings, fixtures, furnishings, and supplies. The amount hereby appropriated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, and shall be obligated and expended in accordance with Section 903 (d) (4) of the Social Security Act. Provided further, that no funds shall be expended until approved by the Office of Planning and Budget. Section 21 Department of Law Objects of Expenditure Personal Services Regular Operating Expenses Travel Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Books For State Library Total Funds $ 14,339,147 $ 705,564 $ 181,781 $ 299,269 $ 831,689 $ 155,913 $ 19,350,000 $ 197,158 Functional Units Department of Law State Funds $ 14,264,933 Total Funds $ 36,060,521 Fund Allocations Total Funds Intra-State Agency Funding State Funds Fund Amount $ 36,060,521 $ 21,795,588 $ 14,264,933 1116 TUESDAY, MARCH 2, 2004 1111 Section 22 State Merit System of Personnel Administration Objects of Expenditure Personal Services Regular Operating Expenses Travel Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Payments to State Treasury Total Funds $ 8,630,409 $ 991,171 $ 133,213 $ 1,727,172 $ 706,480 $ 173,863 $ 239,697 $ 843,311 $ 2,201,416 Functional Units Merit System of Personnel Administration State Funds $0 Total Funds $ 15,646,732 Fund Allocations Total Funds Intra-State Agency Funding State Funds Fund Amount $ 15,646,732 $ 15,646,732 $0 The Department is authorized to assess no more that $147.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year. Section 23 Department of Motor Vehicle Safety Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Postage Conviction Reports Driver License Processing Total Funds $ 56,932,433 $ 6,972,031 $ 457,236 $ 328,884 $ 339,285 $ 12,461,537 $ 2,730,422 $ 2,526,623 $ 330,653 $ 1,316,560 $ 750,000 $ 329,824 $ 3,044,237 Functional Units Administration - DMVS State Funds $ 27,988,917 Total Funds $ 33,275,502 1117 1112 JOURNAL OF THE SENATE Austerity Adjustments - DMVS Enforcement Operations DMVS $0 $ 9,612,164 $ 40,264,751 Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds Section 24 Department of Natural Resources A: Budget Unit Department of Natural Resources Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Payments to Georgia Agrirama Development Authority Advertising And Promotion Cost Of Material For Resale Capital Outlay New Construction Capital Outlay Repairs And Maintenance Capital Outlay Wildlife Managementt and Area Land Capital Outlay Paving at State Parks and Historical Grants-Land and Water Conservation Georgia Heritage 2000 Grants Contracts - Georgia State Games Commission Contracts Payments to Civil War Commission Contracts-Hazardous Waste Trust Fund Contracts-Solid Waste Trust Fund Contracts-Payments to Agricultural Exposition Authority Contracts-Payments to McIntosh County Community Green Space Grants Contracts-Payments to Baker County Contracts-Payments to Calhoun County Payments SW Georgia Railroad Excursion Authority $0 $ 14,979,472 $ 40,264,751 Fund Amount $ 88,519,725 $ 1,496,995 $ 1,960,000 $ 7,196,898 $ 77,865,832 Total Funds $ 86,638,478 $ 15,150,657 $ 813,626 $0 $ 1,314,415 $ 544,000 $ 3,282,064 $ 1,356,959 $ 1,268,551 $ 6,253,031 $ 903,941 $ 689,910 $ 1,293,300 $ 669,178 $ 3,314,750 $ 982,330 $ 500,000 $ 800,000 $ 241,277 $ 97,500 $ 57,465 $ 3,595,077 $0 $ 1,703,228 $ 100,000 $0 $ 31,000 $ 24,000 $ 407,696 1118 TUESDAY, MARCH 2, 2004 Functional Units Civil War Commission Coastal Resources Commissioner's Office - DNR Environmental Protection Georgia State Games Commission Historic Preservation Parks, Recreation and Historic Sites Pollution Prevention Assistance Program Support SW Georgia Railroad Excursion Authority Wildlife Resources State Funds $ 57,465 $ 2,282,940 $ 5,007,486 $ 29,975,224 $ 97,500 $ 2,008,021 $ 19,219,215 $ 286,683 $ 7,359,627 $ 407,696 $ 29,265,619 Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds B: Budget Unit Georgia Agricultural Exposition Authority Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Telecommunications Per Diem and Fees Contracts Functional Units Georgia Agricultural Exposition Authority State Funds $0 Fund Allocations Total Funds Intra-State Agency Funding Non-State Funds State Funds C: Budget Unit Georgia Agrirama Development Authority Objects of Expenditure Personal Services 1113 Total Funds $ 57,465 $ 2,453,802 $ 5,054,752 $ 40,179,380 $ 97,500 $ 2,498,021 $ 38,811,004 $ 390,596 $ 7,359,627 $ 407,696 $ 34,722,590 Fund Amount $ 132,032,433 $ 10,040,193 $ 3,907,103 $ 22,117,661 $ 95,967,476 Total Funds $ 3,205,081 $ 2,305,631 $ 10,000 $ 36,796 $ 20,000 $ 80,000 $ 89,167 $ 754,000 Total Funds $ 6,500,675 Fund Amount $ 6,500,675 $ 1,703,228 $ 4,797,447 $0 Total Funds $ 923,985 1119 1114 JOURNAL OF THE SENATE Regular Operating Expenses Travel Equipment Computer Charges Telecommunications Per Diem and Fees Capital Outlay Contracts Materials For Resale $ 172,637 $ 1,790 $ 8,830 $ 1,000 $ 15,000 $0 $ 52,000 $ 5,000 $ 75,000 Functional Units Georgia Agrirama Development Authority State Funds $0 Total Funds $ 1,255,242 Fund Allocations Total Funds Intra-State Agency Funding Non-State Funds State Funds Fund Amount $ 1,255,242 $ 903,941 $ 351,301 $0 Provided, that to the extent of the State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation, and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from state parks parking pass implemented by the Department. Provided, that of the amount above for contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 45-7-55, and if not for such purposes, than for other purposes within the object class. This 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 purpose 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 25 State Board of Pardons and Paroles Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Total Funds $ 38,442,338 $ 1,333,825 $ 331,800 $ 291,500 1120 TUESDAY, MARCH 2, 2004 1115 Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Health Services Purchases County Jail Subsidy $ 591,200 $ 2,764,792 $ 1,002,721 $ 523,304 $ 690,679 $ 20,000 $ 617,500 Functional Units Board of Pardons and Paroles State Funds $ 46,609,659 Total Funds $ 46,609,659 Fund Allocations Total Funds State Funds Fund Amount $ 46,609,659 $ 46,609,659 Section 26 Department of Public Safety A: Budget Unit Department of Public Safety Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts State Patrol Posts Repairs and Maintenance Total Funds $ 65,154,244 $ 7,795,297 $ 76,895 $ 2,876,986 $ 290,290 $ 654,000 $ 100,695 $ 1,743,369 $ 240,122 $ 289,333 $ 316,237 Functional Units Administration - Public Safety Capitol Police Field Operations State Funds $ 14,579,294 $0 $ 60,816,739 Total Funds $ 15,419,294 $ 3,151,435 $ 60,966,739 Fund Allocations Total Funds Intra-State Agency Funding State Funds Fund Amount $ 79,537,468 $ 4,141,435 $ 75,396,033 B: Budget Unit Units Attached for Administrative Purposes Only Objects of Expenditure Total Funds Personal Services $ 10,875,436 1121 1116 JOURNAL OF THE SENATE Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Capital Outlay Contracts Highway Safety Grants Peace Officers Train Grants Functional Units Fire Academy Ga. Firefighters Standards and Training Council Georgia Peace Officers Standards and Training Georgia Public Safety Training Facility Office of Highway Safety Police Academy State Funds $ 1,013,340 $ 455,845 $ 1,371,835 $ 9,836,879 $ 548,940 $ 1,083,893 Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Section 27 Public Service Commission Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Functional Units Public Service Commission State Funds $ 8,752,157 $ 2,618,201 $ 113,908 $ 160,599 $ 266,767 $ 312,679 $ 303,858 $ 201,129 $0 $ 29,579 $ 2,525,200 $ 1,720,940 Total Funds $ 1,126,203 $ 455,845 $ 1,371,835 $ 11,197,780 $ 3,794,167 $ 1,182,466 Fund Amount $ 19,128,296 $ 3,245,227 $ 1,572,337 $ 14,310,732 Total Funds $ 6,721,487 $ 250,711 $ 111,876 $ 44,427 $ 15,300 $ 208,791 $ 494,933 $ 117,773 $ 628,262 $ 431,908 Total Funds $ 9,025,468 1122 TUESDAY, MARCH 2, 2004 1117 Fund Allocations Total Funds Federal Funds State Funds Fund Amount $ 9,025,468 $ 273,311 $ 8,752,157 Section 28 Boards of Regents, University System of Georgia A: Budget Unit Resident Instruction Objects of Expenditure Capital Outlay Personal Services- General and Departmental Personal Services- Sponsored Operating Expenses- General and Departmental Operating Expenses- Sponsored Forestry Research Special Funding Initiative Student Education Enrichment Program Office of Minority Business Enterprises Research Consortium Total Funds $ 95,063,332 $1,803,949,949 $ 503,438,312 $ 470,912,762 $ 755,196,564 $ 955,831 $ 31,120,771 $ 326,759 $ 988,152 $ 28,277,080 Functional Units Resident Instruction State Funds Total Funds $ 1,434,714,537 $3,690,229,512 Fund Allocations Total Funds Agency Funds Intra-State Agency Funding Non-State Funds State Funds Tobacco Funds Fund Amount $ 3,690,229,512 $ 132,560,254 $ 3,039,500 $ 2,119,915,221 $ 1,434,714,537 $ 6,244,639 B: Budget Unit Regents Central Office and Other Organized Activities Objects of Expenditure Total Funds SREB Payments $ 801,572 Georgia Medical College Health, INC. $ 33,168,087 Personal Services- General and Departmental $ 130,279,493 Personal Services- Sponsored $ 75,862,198 Operating Expenses- General and Departmental $ 49,173,098 Operating Expenses- Sponsored $ 41,236,508 Agriculture Research $ 2,654,645 ATDC/Economic Development Institute $ 24,377,860 Center for Assistive Technology $ 8,624,939 Regents Opportunity Grants $ 517,964 Rent to the Georgia Military College $ 1,763,562 1123 1118 JOURNAL OF THE SENATE Public Libraries $ 33,892,788 Functional Units ATDC/Economic Development Institute Agricultural Experiment Station Athens and Tifton Veterinary Laboratories Cooperative Extension Service Georgia Radiation Therapy Center Georgia Tech Research Institute Marine Institute Marine Resources Extension Center Med. College of Ga. Hospital and Clinics Public Libraries Regents Central Office Skidaway Institute of Oceanography Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital State Funds $ 9,361,860 $ 43,074,977 $0 $ 36,143,638 $0 $ 9,086,302 $ 996,208 $ 1,550,755 $0 $ 34,494,522 $ 43,350,710 $ 1,691,708 $ 3,461,327 $ 492,975 Total Funds $ 24,377,860 $ 75,516,239 $ 4,653,970 $ 59,237,775 $ 3,625,810 $ 130,668,179 $ 1,763,841 $ 2,735,555 $ 193,500 $ 38,803,477 $ 43,457,559 $ 6,664,647 $ 3,461,327 $ 7,192,975 Fund Allocations Total Funds Intra-State Agency Funding Non-State Funds State Funds Fund Amount $ 402,352,714 $ 350,000 $ 218,297,732 $ 183,704,982 C: Budget Unit Georgia Public Telecommunications Commission Objects of Expenditure Total Funds Personal Services $ 12,386,675 Operating Expenses $ 15,351,295 General Programming $ 4,070,278 Payment to the GPTC $ 17,703,442 Functional Units GPTC State Funds $ 17,703,442 Total Funds $ 49,511,690 Fund Allocations Total Funds State Funds Fund Amount $ 49,511,690 $ 17,703,442 Section 29 Department of Revenue Objects of Expenditure Personal Services Regular Operating Expenses Travel Total Funds $ 58,083,981 $ 7,474,771 $ 987,071 1124 TUESDAY, MARCH 2, 2004 1119 Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Postage County Tax Officials/Retirement and FICA Investment For Modernization Homeowner Tax Relief Grants $ 49,980 $ 276,384 $ 14,723,799 $ 6,935,736 $ 1,347,830 $ 606,992 $ 1,223,613 $0 $ 3,984,294 $ 17,785,550 $ 380,000,000 Functional Units Alcohol and Tobacco Compliance Division Departmental Administration - Revenue Income Tax Unit Information Systems Internal Administration - Revenue Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting State Funds $ 3,187,810 $ 21,277,267 $ 19,449,496 $ 7,372,184 $ 14,700,172 $ 7,513,511 $ 382,669,768 $ 5,638,130 $ 5,000 $ 5,231,798 Total Funds $ 3,343,584 $ 25,183,030 $ 37,235,046 $ 7,372,184 $ 15,955,172 $ 7,513,511 $ 384,779,903 $ 5,660,773 $ 5,000 $ 6,431,798 Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds Tobacco Funds Fund Amount $ 493,480,001 $ 178,417 $ 2,545,000 $ 23,711,448 $ 467,045,136 $ 150,000 For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $10,000 for the taxable year beginning January 1, 2003. Section 30 Secretary of State A: Budget Unit Secretary of State Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Total Funds $ 19,115,287 $ 3,694,661 $ 357,621 $0 1125 1120 JOURNAL OF THE SENATE Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Payments to State Treasury Election Expenses Functional Units Archives and Records Business Services - Corporations Business Services - Securities Capitol Education Center Drugs and Narcotics Elections and Campaign Disclosure Holocaust Commission Internal Administration - Sec of State State Ethics Commission State Examining/ Professional Licensing Boards State Funds $ 6,487,296 $ 1,102,649 $ 1,907,238 $ 363,940 $ 1,296,730 $ 5,223,354 $ 259,766 $ 5,465,822 $ 759,751 $ 8,801,643 Fund Allocations Total Funds Governor's Emergency Funds Non-State Funds State Funds Other State Funds B: Budget Unit Georgia Real Estate Commission Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Functional Units Real Estate Commission State Funds $ 2,330,272 $ 65,019 $ 3,025,887 $ 4,426,157 $ 919,642 $ 171,876 $ 835,455 $0 $ 364,335 Total Funds $ 6,562,296 $ 2,085,400 $ 1,957,238 $ 363,940 $ 1,296,730 $ 5,243,354 $ 259,766 $ 5,495,822 $ 759,751 $ 8,951,643 Fund Amount $ 32,975,940 $0 $ 1,307,751 $ 31,668,189 $0 Total Funds $ 1,572,130 $ 145,000 $ 47,000 $ 12,500 $ 154,185 $ 179,512 $ 79,043 $ 110,902 $ 30,000 Total Funds $ 2,330,272 1126 TUESDAY, MARCH 2, 2004 1121 Fund Allocations Total Funds State Funds Fund Amount $ 2,330,272 $ 2,330,272 There is included in the Real Estate Rentals object class for the Secretary of State funding for a rental agreement with the Development Authority of Clayton County for the Department of Archives and History. Section 31 Soil and Water Conservation Commission Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Total Funds $ 1,865,751 $ 355,563 $ 43,721 $ 90,534 $ 65,115 $ 11,605 $ 202,339 $ 43,461 $ 129,176 $ 1,663,066 Functional Units Soil and Water Conservation Commission State Funds $ 3,192,797 Total Funds $ 4,470,331 Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Fund Amount $ 4,470,331 $ 476,405 $ 801,129 $ 3,192,797 Section 32 Student Finance Commission A: Budget Unit Student Finance Commission Objects of Expenditure Governor's Scholarships Guaranteed Educational Loans Tuition Equalization Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants GA. Military/N. GA. Military Transfer Scholarsh North GA. College and State University Military Sc Leveraging Educational Assistance Partnership Prog Total Funds $ 2,666,915 $ 3,665,449 $ 29,108,559 $ 64,655 $ 455,856 $ 685,560 $ 22,427 $ 1,487,410 1127 1122 JOURNAL OF THE SENATE Functional Units Georgia Student Finance Authority State Funds $ 37,636,178 Total Funds $ 38,156,831 Fund Allocations Total Funds Federal Funds State Funds Fund Amount $ 38,156,831 $ 520,653 $ 37,636,178 B: Budget Unit Georgia Non-Public Post-Secondary Education Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Total Funds $ 557,222 $ 18,495 $ 8,000 $ 6,300 $ 3,420 $ 49,015 $ 8,996 $ 7,060 $ 13,565 Functional Units State Funds Ga. Nonpublic Postsecondary Education Comm $ 672,073 Total Funds $ 672,073 Fund Allocations Total Funds State Funds Fund Amount $ 672,073 $ 672,073 Objects of Expenditure Post Secondary Options / HOPE Joint Enrollment Law Enforcement Personnel Dependents' Grants GA. Military/North GA. Military Transfer Scholarship HOPE Financial Aid - Tuition HOPE Financial Aid - Books HOPE Financial Aid - Fees HOPE Scholarships - Private Colleges Teacher Scholarships Promise Scholarships Promise II Scholarships Engineer Scholarships Personal Services - HOPE Administration Operating Expenses - HOPE Administration Total Funds $ 750,000 $ 255,850 $ 770,477 $ 260,517,431 $ 55,896,225 $ 60,501,057 $ 45,086,180 $ 5,332,698 $ 5,855,278 $ 559,090 $ 760,000 $ 1,992,161 $ 3,029,196 1128 TUESDAY, MARCH 2, 2004 1123 Functional Units Lottery for Education - Student Finance State Funds Total Funds $ 441,305,643 $ 441,305,643 Fund Allocations Total Funds State Funds Lottery Funds Fund Amount $ 441,305,643 $ 441,305,643 $ 441,305,643 Section 33 Teachers' Retirement System Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Floor Fund, Local System Retirees COLA, Local System Retirees Total Funds $ 12,701,449 $ 844,344 $ 76,500 $ 115,000 $ 9,185,000 $ 723,975 $ 270,000 $ 493,000 $ 99,000 $ 2,390,000 Functional Units Teachers' Retirement System State Funds $ 2,489,000 Total Funds $ 26,898,268 Fund Allocations Total Funds Non-State Funds State Funds Fund Amount $ 26,898,268 $ 24,409,269 $ 2,489,000 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.24% for S.F.Y. 2004. Section 34 Department of Technical and Adult Education A: Budget Unit Department of Technical and Adult Education Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Total Funds $ 6,191,294 $ 336,985 $ 125,510 $ 19,359 $ 427,695 $ 586,463 $ 115,980 $ 126,671 1129 1124 JOURNAL OF THE SENATE Contracts Personal Services - Institutions Operating Expenses - Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program $ 169,110 $ 263,032,595 $ 63,264,442 $ 6,122,305 $ 19,456,603 $ 3,481,395 $ 12,554,981 Functional Units Administration - DTAE Institutional Programs State Funds $ 6,039,279 $ 294,224,992 Total Funds $ 8,099,067 $ 367,912,321 Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Fund Amount $ 376,011,388 $ 19,814,459 $ 55,932,658 $ 300,264,271 Section 35 Department of Transportation Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Capital Outlay Contracts Capital Outlay Airport Aid Program Mass Transit Grants Harbor Maintenance/Intra-Coastal Waterways Contracts with Georgia Rail Passenger Authority Gaur. Revenue Debt Common Reserve Fund Payments to State Road and Toll Authority Total Funds $ 262,036,283 $ 79,541,041 $ 2,102,945 $ 1,927,750 $ 6,422,328 $ 8,850,593 $ 1,830,782 $ 4,924,470 $ 7,368,438 $ 1,126,805,995 $ 46,953,939 $ 3,766,087 $ 16,792,867 $ 721,355 $ 200,000 $ 26,155,000 $ 38,170,605 Motor Fuel Funds Objects of Expenditure Personal Services Regular Operating Expenses Total Funds $ 259,515,725 $ 78,818,163 1130 TUESDAY, MARCH 2, 2004 1125 Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Capital Outlay Contracts Guar. Revenue Debt Common Reserve Fund Payments to the State Road and Toll Authority $ 2,052,810 $ 1,927,750 $ 5,574,154 $ 8,840,793 $ 1,830,781 $ 4,894,295 $ 7,278,234 $ 1,126,805,995 $ 46,357,857 $ 26,155,000 $ 38,170,605 Functional Units Administration - DOT Maintenance and Betterments Motor Fuel Tax - Facilities and Equipment Planning and Construction State Road and Tollway Authority State Funds $ 26,344,145 $ 228,378,541 $ 13,632,944 $ 345,267,751 $ 38,170,605 Total Funds $ 27,247,895 $ 232,962,680 $ 14,132,944 $ 1,295,708,038 $ 38,170,605 Fund Allocations Total Funds Agency Funds Federal Funds State Funds Fund Amount $ 1,608,222,162 $ 8,797,470 $ 947,630,706 $ 651,793,986 State General Funds Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Airport Aid Program Mass Transit Grants Harbor Maintenance/Intra-Coastal Waterways Mainten Contracts with the Georgia Rail Passenger Authorit Total Funds $ 2,520,558 $ 722,878 $ 50,135 $ 848,174 $ 9,800 $1 $ 30,175 $ 90,204 $ 596,082 $ 3,766,087 $ 16,792,867 $ 721,355 $ 200,000 Functional Units Air Transportation State Funds $ 2,168,061 Total Funds $ 2,825,856 1131 1126 JOURNAL OF THE SENATE Harbor/Intra-Coastal Waterways Activities Inter-Modal Transfer Facilities Georgia Rail Passenger Authority $ 721,355 $ 9,740,674 $ 200,000 $ 721,355 $ 22,601,105 $ 200,000 Fund Allocations Total Funds Agency Funds Federal Funds State Funds Fund Amount $ 26,348,316 $ 659,795 $ 12,858,431 $ 12,830,090 For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply: A.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. B.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. C.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal Aid. D.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs (and enter this amount as being the appropriation payable in lieu of the Motor Fuel Funds appropriated in this Section of this Bill, in the event such collections, less refunds, rebates, and collection costs, exceed such Motor Fuel Tax Appropriation. E.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. F.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(1), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. It is the express intent of this General Assembly, by this Act, that the use of motor fuel 1132 TUESDAY, MARCH 2, 2004 1127 funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the state of Georgia, is for the sole and specific purpose of addressing of the State's special need for appropriation. Provided, that funding available to the Department of Transportation may be used for the right-of-way acquisition for a multi-lane road to connect Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3. Provided further, that from the amount equal to all money derived from motor fuel taxes for the proceeding fiscal year, there is appropriated the sum $26,155,000 for payments into the "State of Georgia Guaranteed Revenue Debt Common Reserve Fund". The purpose of their appropriation is to authorize the guarantee by the State of an issue of revenue obligations of the State Road and Tollway Authority for the construction and improvements to roads and bridges including related planning, engineering and land acquisition expenses. The maximum principal amount of the specific issue shall not exceed $331,000,000; the amount of the highest debt service shall not exceed the amount of this appropriation; and the maximum maturities of the issue shall not exceed the amount of this appropriation; and the maximum maturities of the issue shall not exceed two hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue. Section 36 Department of Veterans Service Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Operating Expense/Payments to Medical College of Georgia Regular Operating Expenses for Projects and Insurance Total Funds $ 5,931,769 $ 357,117 $ 136,200 $ 100,822 $ 6,999 $ 221,889 $ 85,516 $ 24,500 $ 8,014,875 $ 7,790,296 $ 194,395 Functional Units Veterans Assistance Veterans Nursing Home - Augusta State Funds $ 17,321,989 $ 4,809,704 Total Funds $ 5,074,082 $ 7,790,296 Fund Allocations Total Funds Federal Funds State Funds Fund Amount $ 32,864,378 $ 10,732,685 $ 22,131,693 1133 1128 JOURNAL OF THE SENATE Section 37 State Board of Workers' Compensation Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Payments to State Treasury Total Funds $ 10,015,026 $ 470,115 $ 140,600 $ 44,048 $ 3,261,976 $ 296,009 $ 176,744 $ 183,100 $ 1,832,453 Functional Units Workers' Compensation Board State Funds $ 17,056,071 Total Funds $ 17,420,071 Fund Allocations Total Funds Non-State Funds State Funds Fund Amount $ 17,420,071 $ 364,000 $ 17,056,071 Section 38 State of Georgia General Obligation Debt Sinking Fund Objects of Expenditure Total Funds General Obligation Bonds $ 740,825,224 Functional Units State of Georgia General Obligation Debt Sinking Fund - -New State Funds $53,978,155 Total Funds $53,978,155 State of Georgia General Obligation Debt Sinking Fund Issued $686,847,069 $686,847,069 Fund Allocations Total Funds State Funds Other State Funds State Motor Fuel Fund Amount $ 740,825,224 $ 740,825,224 $ 309,382,070 $ 66,000,000 Section 39 Section 40 To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: 1134 TUESDAY, MARCH 2, 2004 1129 First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. A nonprofit contractor, as defined in Chapter 20 of Title 50,which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with chairmen of the House and Senate Appropriations Committees, the Legislative Budget office and with the Senate Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees. Section 41 Each agency for which appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures by object class, which is the legal level of budgetary control contemplated in this Appropriations Act. Section 42 In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refunds specifically authorized by law. Section 43 No State appropriations authorized under this act shall be used to continue programs currently funded entirely with Federal funds. Section 44 In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be make in each year, under existing lease contracts between any 1135 1130 JOURNAL OF THE SENATE department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended or appropriated for the state fiscal year addressed within this act. If for any reason any of the sums herein provided under any other provision of this act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 45 (a) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governors recommendations contained in the Budget Report submitted to the General Assembly at the 2003 Regular Session, except provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the condition that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further that no funds whatsoever shall be transferred between object class without the prior approval of at least eleven members of the Fiscal Affairs Subcommittee in a meeting called to consider said transfers, This section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of the Section or in violation of any amendments properly approved by the Director of the Budget. (b)(1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications. (b)(2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group. (b)(3.) It is the further intent of the General Assembly that this principle shall be applied 1136 TUESDAY, MARCH 2, 2004 1131 as well when common object class amounts are properly amended in the administration of the annual operating budget. Section 46 Wherever in the Act the terms "Budget Unit Object Classes" or "Combined Object Classes for Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supercede the object classification shown in the Governor's Budget Report. For budget unit within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget. Section 47 There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant available in excess of the amounts of such funds appropriated in the foregoing sections of this act, for the purpose of supplanting appropriated State funds, which state funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this act. Section 48 State of Georgia General Obligation Debt Sinking Fund. Principal Amount Debt Service A.) Maturities not to exceed two hundred forty months. New academic building at Georgia Military College $4,200,000 $365,400 Department of Technical and Adult Education projects: $9,205,000 $800,835 To authorize $5,000,000 in 20 year bonds for Coosa Valley Tech Classroom Building Construct a classroom building at Savannah Technical College, Effingham Campus- $1,900,000 To authorize $155,000 in 20 year bonds for land acquisition for North Metro Tech To authorize $1,000,000 in 20 year bonds for design at Heart of Georgia Tech 1137 1132 JOURNAL OF THE SENATE To authorize $1,150,000 for Crossroads porperty Board of Regents, University System of Georgia projects: $19,500,000 $1,696,500 To authorize $5,000,000 in 20 year bonds to construct an academic instructional facility at Gwinnett University Center To authorize $2,000,000 for the Fannin County Public Library (#1 Priority on Library List) To authorize $2,000,000 for East Coweta County Public Library (#2 Priority on Library list) Renovation of auditorium at South Georgia College-$500,000 Fine Arts Building (Phase III) at Georgia Southern University-$5,000,000 Construct a new Science Building at South Georgia College-$5,000,000 Department of Veterans Service projects: $985,000 $85,695 Design , construction and equipment for a food production kitchen at the Georgia War Veterans Home in Milledgeville-$385,000 Smoke Dampers and air handling unit at the Georgia War Veterans Home in Milledgeville-$250,000 Elevator controls and compliance upgrades at the Georgia War Veterans Home in Milledgeville and the Georgia War Veterans Nursing Home in Augusta-$350,000 Total Twenty Year Projects (New) $33,890,000 $2,948,430 Section 49 State Fiscal Year 2004 $16,147,238,689 This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. 1138 TUESDAY, MARCH 2, 2004 1133 Section 50 All laws and parts of laws in conflict with the Act are repealed. Senator Hill of the 4th District moved to amend the Senate Appropriations Committee Substitute to HB 1180 by offering the following amendment # 1: Line 14: Add a period after the word "purposes" Line 17: Insert "Section 1" Line 97: Insert a "1" in front of 3,168,484 Line 503: Strike "form" and insert in its place "from" Line 778: Strike "negelected" and insert in its place "neglected" Line 781: Strike "acquistion" and insert in its place "acquisition" Line 895: Spell out "County" Line 896: Spell out "County" Line 1194: Strike "maintanence" and insert in its place "maintenance" Line 1406: Spell out "Rehabilitation" Line 1538: Strike "Managementt" and insert in its place "Management" Line 1993: Spell out "Scholarship" Line 1994: Spell out "Scholarship" Line 1995: Spell out "Program" Line 2033: Spell out "Scholarship" Line 2231: Capitalize "State" Line 2238: Strike "their" and insert in its place "this" Line 2328 to 2329: Insert the following paragraph "Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets." Line 2366: Strike "make" and insert in its place "made" in Line 2380 to 2383: Delete through the word funds Line 2390: Strike "the" and insert in its place "this" Line 2417: Add the word "funds" after the word grant Line 2443: Strike "porperty" and insert in its place "property" Line 2491: Insert "Section 2" Line 2493: Insert "This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval" Line 2495: Insert "Section 3" Line 2497: Insert "All laws and parts of laws in conflict with the Act are repealed" On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: 1139 1134 JOURNAL OF THE SENATE Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the amendment, the yeas were 55, nays 0, and the Hill amendment # 1 was adopted. Senators Lamutt of the 21st District and Harp of the 16th District moved to amend Senate Appropriations Committee Substitute to HB 1180 by offering the following amendment # 2: (removing from) State funds for General Obligation Debt Sinking Fund to State Fiscal Year 2004 the figure $(5,446,860) and by (decreasing) the object classes as listed below: General Obligation Bonds $(5,446,860) Total Funds $(5,446,860) State Funds $(5,446,860) To remove section 48 lines 2423 to 2479 and return money to the Treasury (Delete from SBO Change Report page 96 item 5 through 5k and on page 97 items 51 to 6b) On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman N Balfour N Blitch N Bowen Y Harbison Harp Y Henson N Hill Y Seay N Shafer N Smith,F N Smith,P 1140 TUESDAY, MARCH 2, 2004 1135 Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins Y Crotts N Dean Y Fort N Gillis Y Golden N Hall N Hamrick Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody N Mullis N Price Y Reed N Seabaugh Y Squires Y Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 26, nays 28, and the Lamutt and Harp amendment # 2 was lost. The following communication was received by the Secretary: Please be advised that I voted yes on amendment # 2, HB 1180 and intended to vote "no." I thought we were voting on amendment # 3 - I am opposed to amendment # 2. /s/ Mike Crotts Senator District 17 Senators Lamutt of the 21st District, Harp of the 16th District and Crotts of the 17th District moved to amend Senate Appropriations Committee Substitute to HB 1180 by offering the following amendment # 3: (reducing from) State funds for General Obligation Debt Sinking Fund to State Fiscal Year 2004 the figure $(0) and by (decreasing) the object classes as listed below: General Obligation Bonds $(0) Total Funds $(0) State Funds $(0) To add to Section 38 - "The $43,275,000 in General Obligation Bond money for Department of Natural Resources reservoir land acquisition bond shall not be used for the construction or maintenance of golf courses." To remove from SBO Change Report page 96 item 5g - Gordonia Alatamaha State Park bond 1141 1136 JOURNAL OF THE SENATE On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown N Brush Y Bulloch Y Butler Y Cagle N Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort N Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson N Hill Y Hooks Y Hudgens Y Jackson N 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 N Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr N Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Thomas,R Y Thompson N Tolleson Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 45, nays 9, and the Lamutt, Harp and Crotts amendment # 3 was adopted. Senator Thomas of the 10th District moved to amend Senate Appropriations Committee Substitute to HB 1180 by offering the following amendment # 4: (removing from) State funds for the Department of Industry, Trade and Tourism, Section 17, relating to State Fiscal Year 2004 the figure $150,000 and by (decreasing) the object classes as listed below: Georgia Ports Authority Lease Rentals Total Funds State Funds $ (150,000) $ (150,000) $ (150,000) and by (adding to) State funds for the Department of Human Resources, Section 16 relating to State Fiscal Year 2004 the figure $16,000 and by (increasing) the object classes as listed below: Purchase of Services Contracts Total Funds State Funds $ 150,000 $ 150,000 $ 150,000 1142 TUESDAY, MARCH 2, 2004 1137 Total Funds State Funds $ 0 $ 0 To restore $150,000 in purchase of services contracts for high risk pregnant women and infants regional tertiary care centers. Senator Thomas of the 10th asked unanimous consent that her amendment # 4 be withdrawn. The consent was granted, and the amendment was withdrawn. Senator Butler of the 55th District moved to amend Senate Appropriations Committee Substitute to HB 1180 by offering the following amendment # 5: removing from State funds for the Department of Industry, Trade and Tourism, Section 17, relating to State Fiscal Year 2004 the figure $100,000 and by decreasing the object classes as listed below: Payments to Georgia Ports Authority Total Funds State Funds $ (174,950) $ (174,950) $ (174,950) and by adding to State funds for the Department of Public Safety Section 26, relating to State Fiscal Year 2004 the figure $174,950 and by increasing the object classes as listed below: Personal Services Total Funds State Funds $ 174,950 $ 174,950 $ 174,950 Amendment reduces payments to the Georgia Ports Authority and increases funding in Personal Services for Patrol Posts in the Department of Public Safety. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown N Brush Y Bulloch Y Butler N Cagle N Cheeks Y Harbison Y Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr N Stephens Y Stokes Y Tanksley Y Tate 1143 1138 JOURNAL OF THE SENATE N Clay N Collins N Crotts Y Dean Y Fort N Gillis Y Golden Y Hall Y Hamrick N Lamutt N Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed N Seabaugh Y Thomas,D Thomas,N Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 36, nays 18, and the Butler amendment # 5 was adopted. Senator Meyer von Bremen of the 12th District moved to amend Senate Appropriations Committee Substitute to HB 1180 by offering the following amendment # 6: (removing from) State funds for the Department of Industry, Trade and Tourism, Section 17, relating to State Fiscal Year 2004 the figure $1,500,000 and by (decreasing) the object classes as listed below: Georgia Ports Authority Lease Rentals $ (1,500,000) Total Funds State Funds $ (1,500,000) $ (1,500,000) and by (adding to) State funds for the Department of Motor Vehicle Safety, Section 23, relating to State Fiscal Year 2004 the figure $300,000 and by (increasing) the object classes as listed below: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees Contracts Computer Charges Telecommunications Conviction Reports Drivers License Process $ 1,081,469 $ 165,223 $ 6,826 $ 3,322 $ 6,050 $ $ 12,545 $ 2,427 $ $ 101,084 $ 18,827 $ 415,197 Total Funds State Funds $ 1,812,970 $ 1,500,000 1144 TUESDAY, MARCH 2, 2004 1139 Amendment restores Travel Teams 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 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 Y Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Seay N Shafer Y Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes N Tanksley N Tate N Thomas,D Y Thomas,N Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 26, nays 29, and the Meyer von Bremen amendment # 6 was lost. Senator Meyer von Bremen of the 12th District moved to amend Senate Appropriations Committee Substitute to HB 1180 by offering the following amendment # 7: (removing from) State funds for the Department of Industry, Trade and Tourism, Section 17, relating to State Fiscal Year 2004 the figure $61,000 and by (decreasing) the object classes as listed below: Ports Authority Lease Rentals Total Funds State Funds $ (61,000) $ (61,000) $ (61,000) and by (adding to) State funds for the Department of Industry, Trade and Tourism, Section 17, relating to State Fiscal Year 2004 the figure $61,000 and by (increasing) the object classes as listed below: Contracts $ 61,000 1145 1140 JOURNAL OF THE SENATE Total Funds State Funds $ 61,000 $ 61,000 Reduce Ports funding and increases funds for the Historic Chattahoochee Commission On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman N Balfour Y Blitch Y Bowen Y Brown N Brush Y 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 Y Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt Y Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Seay N Shafer Y Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes N Tanksley Tate N Thomas,D Y Thomas,N Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 28, nays 26, and the Meyer von Bremen amendment # 7 was adopted. Senator Smith of the 25th District moved to amend Senate Appropriations Committee Substitute to HB 1180 by offering the following amendment # 8: (removing from) State funds for the Department of Industry, Trade and Tourism, Section 17, relating to State Fiscal Year 2004 the figure $33,000 and by (decreasing) the object classes as listed below: Georgia Ports Authority Lease Rentals $ (33,000) Total Funds $ (33,000) State Funds $ (33,000) and by (adding to) State funds for the Department of Natural Resources, Section 24, relating to State Fiscal Year 2004 the figure $300,000 and by (increasing) the object 1146 TUESDAY, MARCH 2, 2004 1141 classes as listed below: Payments to Georgia Agrirama Development Authority $ 33,000 Total Funds State Funds $ 33,000 $ 33,000 Reduce payments to the Georgia Ports Authority and restore funding for repairs to three buildings at the Georgia Agrirama Development Authority Senator Smith of the 25th asked unanimous consent that her amendment #8 be withdrawn. The consent was granted, and the amendment was withdrawn. Senator Levetan of the 40th District moved to amend Senate Appropriations Committee Substitute to HB 1180 by offering the following amendment # 9: (removing from) State funds for the Department of Industry, Trade and Tourism, Section 17, relating to State Fiscal Year 2004 the figure $200,000 and by (decreasing) the object classes as listed below: Georgia Ports Authority Lease Rentals $ (200,000) Total Funds State Funds $ (200,000) $ (200,000) and by (adding to) State funds for the Department of Human Resources, Section 28, relating to State Fiscal Year 2004 the figure $200,000 and by (increasing) the object classes as listed below: Community Services $ 200,000 Total Funds State Funds $ 200,000 $ 200,000 Reduce payments to the Georgia Ports Authority and adds funding for the DeKalb Community Service Board - Crisis Center 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 1147 1142 JOURNAL OF THE SENATE 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 Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Squires Y Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 26, nays 29, and the Levetan amendment # 9 was lost. The following communication was received by the Secretary: I was so busy speaking, but I did intend to vote on amendment # 9. /s/ Liane Levetan Senators Dean of the 31st and Hamrick of the 30th moved to amend Senate Appropriations Committee Substitute to HB 1180 by offering the following amendment # 10: by adding the following language for the State of Georgia General Obligation Sinking Fund, Section 38, relating to State Fiscal Year 2004: Provided, it is the intent of this General Assembly, that $5,000,000 in proceeds from the 2002B Bond issue for the Department of Natural Resources shall be designated and committed for land purchase for a reservoir in West Georgia Senator Dean of the 31st asked unanimous consent that his amendment # 10 be withdrawn. The consent was granted, and the amendment was withdrawn. Senator Thomas of the 10th moved to amend Senate Appropriations Committee Substitute to HB 1180 by offering the following amendment # 11: (removing from) State funds for the Department of Industry, Trade and Tourism, Section 17, relating to State Fiscal Year 2004 the figure $150,000 and by (decreasing) the object classes as listed below: 1148 TUESDAY, MARCH 2, 2004 1143 Georgia Ports Authority Lease Rentals $ (150,000) Total Funds State Funds $ (150,000) $ (150,000) and by (adding to) State funds for the Department of Human Resources, Section 16, relating to State Fiscal Year 2004 the figure $16,000 and by (increasing) the object classes as listed below: Purchase of Services Contracts $ 150,000 Total Funds State Funds $ 150,000 $ 150,000 To restore $150,000 in purchase of services contracts for high risk pregnant women and infants regional tertiary care centers. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks Y Clay N Collins N Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson Y Kemp,B N Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed N Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr N Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Thomas,R Y Thompson N Tolleson Y Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 39, nays 16, and the Thomas amendment # 11 was adopted. 1149 1144 JOURNAL OF THE SENATE Senator Brown of the 26th District moved to amend Senate Appropriations Committee Substitute to HB 1180 by offering the following amendment # 12: (removing from) State funds for the Department of Industry Trade and Tourism, Section 17, relating to State Fiscal Year 2004 the figure $150,000 and by (decreasing) the object classes as listed below: Georgia Ports Authority Lease Rentals $ (150,000) Total Funds State Funds $ (150,000) $ (150,000) and by (adding to) State funds for the Department of Technical and Adult Education, Section 34, relating to State Fiscal Year 2004 the figure $150,000 and by (increasing) the object classes as listed below: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications $ 150,000 $ $ $ $ $ $ $ $ Total Funds State Funds $ 150,000 $ 150,000 Reduce payments to the Georgia Ports Authority by 150,000 and increases funding for the Quickstart Program On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown N Brush Y Bulloch Y Butler N Cagle Y Harbison Y Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr N Stephens Y Stokes N Tanksley 1150 TUESDAY, MARCH 2, 2004 1145 N Cheeks N Clay N Collins N Crotts Y Dean Y Fort N Gillis Y Golden Y Hall N Hamrick Y Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen Y Moody N Mullis Y Price Y Reed N Seabaugh Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman Williams Y Zamarripa On the adoption of the amendment, the yeas were 35, nays 20, and the Brown amendment # 12 was adopted. Senator Brown of the 26th District moved to amend Senate Appropriations Committee Substitute to HB 1180 by offering the following amendment # 13: (removing from) State funds for the Department of Industry Trade and Tourism, Section 17, relating to State Fiscal Year 2004 the figure $435,948 and by (decreasing) the object classes as listed below: Georgia Ports Authority Lease Rentals $ (435,948) Total Funds State Funds $ (435,948) $ (435,948) and by (adding to) State funds for the Department of Community Health Section 8, relating to State Fiscal Year 2004 the figure $303,056 and by (increasing) the object classes as listed below: Mercer School of Medicine Grants $ 303,056 Total Funds $ 303,056 State Funds $ 303,056 and by (adding to) State funds for the Department of Community Health, Section 8, relating to State Fiscal Year 2004 the figure $304,427 and by (increasing) the object classes as listed below: Morehouse School of Medicine Grants $ 132,892 Total Funds State funds $ 132,892 $ 132,892 1151 1146 JOURNAL OF THE SENATE Amendment reduces payments to the Georgia Ports Authority by $435,948 and restore funding to Mercer and Morehouse Schools of Medicine 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 Clay N Collins N Crotts Y Dean Y Fort Y Gillis Y Golden N Hall Y Hamrick Y Harbison Y Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Seay N Shafer Y Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 31, nays 24, and the Brown amendment # 13 was adopted. Senator Thompson of the 33rd District moved to amend Senate Appropriations Committee Substitute to HB 1180 by offering the following amendment # 14: (removing from) State funds for the Department of Industry, Trade and Tourism, Section 17, relating to State Fiscal Year 2004 the figure $4,375,254 and by (decreasing) the object classes as listed below: Georgia Ports Authority Lease Rentals $ (4,375,254) Total Funds State Funds $ (4,375,254) $ (4,375,254) and by (adding to) State funds for the Department of Community Health, Section 8, relating to State Fiscal Year 2004 the figure $4,375,254 and by (increasing) the object classes as listed below: 1152 TUESDAY, MARCH 2, 2004 1147 Medicaid Benefits, Penalties and Disallowances $ 4,375,254 Total Funds State Funds $ 4,375,254 $ 4,375,254 Amendment restores cost center standards and the reduction of add-ons in nursing home rate calculations 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 Y Tanksley Tate N Thomas,D Y Thomas,N Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 24, nays 30, and the Thompson amendment # 14 was lost. Senator Thompson of the 33rd moved that the Senate reconsider its action in defeating the Thompson amendment # 14. On the reconsideration of the amendment, Senator Thompson of the 33rd, called for the yeas and nays; the call was sustained, and the vote was as follows: Y Adelman N Balfour Y Blitch Y Harbison N Harp Y Henson Y Seay N Shafer Y Smith,F 1153 1148 JOURNAL OF THE SENATE 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 N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh N Smith,P Y Squires Y Starr N Stephens Y Stokes Y Tanksley Tate N Thomas,D Y Thomas,N Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 25, nays 29, and the Thompson amendment # 14 was not reconsidered. Senator Thompson of the 33rd District moved to amend Senate Appropriations Committee Substitute to HB 1180 by offering the following amendment # 15: (removing from) State funds for the Department of Industry, Trade and Tourism, Section 17, relating to State Fiscal Year 2004 the figure $14,131,815 and by (decreasing) the object classes as listed below: Contracts $ (14,131,815) Total Funds State Funds $ (14,131,815) $ (14,131,815) and by (removing from) State funds for The Board Regents, University System of Georgia A" Budget Unit, Section 28, relating to State Fiscal Year 2004 the figure $6,092,185 and by (decreasing) the object classes as listed below: Personal Services - General and Departmental $ (6,092,185) Total Funds State Funds $ (6,092,185) $ (6,092,185) The purpose of the amendment is to balance the Senate version of HB 1180 by reducing contracts in the Department of Industry, Trade and Tourism and Personal Services General and Departmental in Regents 1154 TUESDAY, MARCH 2, 2004 1149 Senator Thompson of the 33rd asked unanimous consent that his amendment # 15 be withdrawn. The consent was granted, and the amendment was withdrawn. Senator Meyer von Bremen of the 12th District moved to amend Senate Appropriations Committee Substitute to HB 1180 by offering the following amendment # 16: (removing from) State funds for the State of Georgia General Obligation Sinking Fund, Section 38, relating to State Fiscal Year 2004, the figure $1,331,535 and by (decreasing) the object classes as listed below: Object Classes State of Georgia General Obligation Sinking Fund - New Total Funds Federal/Other State Funds $ 1,331,535 $ 1,331,535 $ 1,331,535 and by removing reprogramming of $15,500,000 of the 2002B bond issue for Department of Natural Resources reservoir land acquisition. Amendment removes $15,305,000 in bonds for the following projects: $5,000,000 for a classroom building at Savannah Technical College $155,000 for land acquisition for North Metro Technical College $1,150,000 for property acquisition for Savannah Technical College, Crossroads Campus $5,000,000 to construct an academic instructional facility at Gwinnett University Center $2,000,000 for the Fannin County Public Library $2,000,000 for the East Coweta County Public Library Amendment also removes $15,500,000 in reprogramming funds for the following projects: $1,000,000 for Mary Alice Park development (Forsyth County) $2,500,000 for dam construction and related facilities at Yuchi Wildlife Management Area (Burke County) $8,000,000 for railroad components and stabilization of buildings of the Battlefield Park $4,000,000 for purchase of land at Pigeon Mountain 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 Harbison N Harp Y Henson Y Seay N Shafer Y Smith,F 1155 1150 JOURNAL OF THE SENATE Y 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 N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R Y Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh N Smith,P Y Squires Y Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 27, nays 28, and the Meyer von Bremen amendment #16 was lost. Senator Smith of the 25th District moved to amend Senate Appropriations Committee Substitute to HB 1180 by offering the following amendment # 17: (removing from) State funds for the Department of Industry, Trade and Tourism, Section 17, relating to State Fiscal Year 2004 the figure $33,000 and by (decreasing) the object classes as listed below: Georgia Ports Authority Lease Rentals $ (33,000) Total Funds State Funds $ (33,000) $ (33,000) and by (adding to) State funds for the Department of Natural Resources, Section 24, relating to State Fiscal Year 2004 the figure $33,000 and by (increasing) the object classes as listed below: Payments to Georgia Agrirama Development Authority $ 33,000 Total Funds State Funds $ 33,000 $ 33,000 Reduce payments to the Georgia Ports Authority and restore funding for repairs to three buildings at the Georgia Agrirama Development Authority 1156 TUESDAY, MARCH 2, 2004 1151 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 N Collins N Crotts Y Dean Fort Y Gillis Y Golden N Hall N Hamrick Y Harbison N Harp Y Henson Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B N Kemp,R N Lamutt N Lee Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Seay N Shafer Y Smith,F N Smith,P Y Squires N Starr N Stephens Y Stokes N Tanksley Y Tate N Thomas,D Y Thomas,N Thomas,R Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 21, nays 30, and the Smith of the 25th amendment # 17 was lost. Senator Stephens of the 51st introduced the doctor of the day, Dr. Kathy Easterling. The Calendar was resumed. Senator Thompson of the 33rd District moved to amend Senate Appropriations Committee Substitute to HB 1180 by offering the following amendment # 18: (removing from) State funds for the Department of Industry, Trade and Tourism, Section 17, relating to State Fiscal Year 2004 the figure $14,131,815 and by (decreasing) the object classes as listed below: Georgia Ports Authority Lease Rentals $ (14,131,815) Total Funds State Funds $ (14,131,815) $ (14,131,815) and by (removing from) State funds for The Board Regents, University System of Georgia A" Budget Unit, Section 28, relating to State Fiscal Year 2004 the figure 1157 1152 JOURNAL OF THE SENATE $6,092,185 and by (decreasing) the object classes as listed below: Personal Services-General and Departmental $ (6,092,185) Total Funds State Funds $ (6,092,185) $ (6,092,185) The purpose of the amendment is to balance the Senate version of HB 1180 by reducing the Department of Industry, Trade and Tourism and Personal Services - General and Departmental in Regents 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 Fort N Gillis N Golden N Hall N Hamrick N Harbison N Harp N 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 N Price Y Reed N Seabaugh N Seay N Shafer N Smith,F N Smith,P N Squires N Starr N Stephens N Stokes N Tanksley N Tate N Thomas,D N Thomas,N Thomas,R N Thompson N Tolleson N Unterman N Williams N Zamarripa On the adoption of the amendment, the yeas were 1, nays 53, and the Thompson amendment # 18 was lost. Senator Seay of the 34th District moved to amend Senate Appropriations Committee Substitute to HB 1180 by offering the following amendment # 19: (removing from) State funds for the Department of Industry, Trade and Tourism, Section 17, relating to State Fiscal Year 2004, the figure $200,000 and by (decreasing) the object classes as listed below: 1158 TUESDAY, MARCH 2, 2004 1153 Georgia Ports Authority Lease Rentals $ (200,000) Total Funds State Funds $ (200,000) $ (200,000) and by (adding to) State funds for the Department of Community Health, Section 8, relating to State Fiscal Year 2004 the figure $200,000 and by (increasing) the object classes as listed below: Medicaid Benefits Penalties and Disallowances $ 200,000 Total Funds State Funds $ 200,000 $ 200,000 Reduce payments to the Georgia Ports Authority and adds funding for Speech and Language Pathology and Audiology 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 Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts Y Dean Y Fort Gillis Y Golden N Hall Y 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 Y Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Seay N Shafer Y Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 27, nays 27, and the Seay amendment # 19 was lost. 1159 1154 JOURNAL OF THE SENATE On the adoption of the substitute, the yeas were 45, nays 0, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: N Adelman 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 Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B N Kemp,R N Lamutt Y Lee N 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 N Tate Y Thomas,D N Thomas,N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa On the passage of the bill, the yeas were 38, nays 17. HB 1180, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 March 3, 2004 Mr. Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 1160 TUESDAY, MARCH 2, 2004 1155 Dear Frank: This is my position on the Senate Committee on Appropriations Substitute to House Bill 1180, which passed the Senate last night. After further review of the budget and all the amendments, I would like the Senate Journal to reflect a "NO" vote on amendments 6, 7, 9, 13 and 14. I voted "YES" on Tuesday, March 2, 2004, but I feel a "NO" vote would have been the appropriate vote to cast under the circumstances. I would appreciate your noting these changes on the appropriate Senate Journals. Respectfully, /s/ Rene' D. Kemp District 3 Senator Stephens of the 51st moved that the Senate stand adjourned pursuant to HR 1400, until 10:00 a.m., Thursday, March 4, 2004; the motion prevailed, and at 4:05 p.m., the President announced the Senate adjourned. 1161 1156 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, March 4, 2004 Twenty-ninth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator 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 and Senate: HB 1179. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Stephens of the 123rd, Channell of the 77th and Buckner of the 82nd: A BILL to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to establish greater penalties for simple assault and simple battery when the victim of such an offense is a public school employee engaged in official duties or on school property; to provide a definition of school property for such offenses and battery; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary schools, so as to provide that the offense of disrupting the operation of a public school applies to disruption of public school buses and established public school bus stops; and for other purposes. HB 1206. By Representatives Buck of the 112th and Powell of the 23rd: A BILL to amend Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to persons who may not engage in the bail bond business, so as to remove attorneys from the listing of prohibited persons; to provide that attorneys may indirectly engage in the bail bond business but may not directly manage a bail bond business; and for other purposes. 1162 THURSDAY, MARCH 4, 2004 1157 HB 1287. By Representatives Snow of the 1st, Day of the 126th and Parham of the 94th: A BILL to amend Part 5 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of law enforcement and emergency vehicles, so as to provide for restrictions with respect to the use of certain lights; and for other purposes. HB 1348. By Representative Harbin of the 80th: A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to permit insurers to provide food or refreshments under certain circumstances to current or prospective clients during sales presentations and seminars provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; and for other purposes. HB 1362. By Representatives Parrish of the 102nd, Hanner of the 133rd, Oliver of the 121st, Post 2, Morris of the 120th, Barnard of the 121st, Post 1 and others: A BILL to amend Code Section 27-2-3.1 of the Official Code of Georgia Annotated, relating to archery and primitive weapons hunting licenses, all weapons hunting licenses, sportsman's licenses, license card carrier requirements, and lifetime sportsman's licenses, so as to change certain provisions relating to lifetime sportsman's licenses; and for other purposes. HB 1494. By Representatives Snow of the 1st and Joyce of the 2nd: A BILL to amend an Act creating the Walker County Rural Water and Sewer Authority, so as to change provisions relating to the members of the authority and their selection; to change provisions relating to vacancies; and for other purposes. HB 1507. By Representatives O`Neal of the 117th, Parrish of the 102nd, Royal of the 140th and Buck of the 112th: A BILL to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding venture capital; to provide for the substantial revision of the Seed-Capital Fund; and for other purposes. 1163 1158 JOURNAL OF THE SENATE HB 1555. By Representatives Channell of the 77th, Watson of the 60th, Post 2 and Teilhet of the 34th, Post 2: A BILL to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to extend the suspension of the surcharge on the employer contribution rate based upon the Statewide Reserve Ratio; and for other purposes. HB 1599. By Representative Lane of the 101st: A BILL to amend Code Section 50-4-7 of the Official Code of Georgia Annotated, relating to state service delivery regions, so as to change the descriptions of certain such regions; and for other purposes. HB 1629. By Representative Hanner of the 133rd: A BILL to reconstitute the Board of Education of Terrell County; to change the description of the education districts; and for other purposes. HB 1630. By Representative Hanner of the 133rd: A BILL to provide a new Charter for the City of Preston in the County of Webster; and for other purposes. HB 1650. By Representatives Richardson of the 26th, Teilhet of the 34th, Post 2, Manning of the 32nd, Dollar of the 31st, Wix of the 33rd, Post 1 and others: A BILL to amend an Act creating the State Court of Cobb County, so as to add an additional judge to Division 1 of the State Court of Cobb County; to add an additional judge to the second division of the State Court of Cobb County; and for other purposes. SB 549. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Dade County, approved April 4, 1991 (Ga. L. 1991, p. 3893), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5339), so as to revise the districts for the election of members of the board; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. 1164 THURSDAY, MARCH 4, 2004 1159 The House has adopted by the requisite constitutional majority the following Resolutions of the House: HR 1322. By Representative Parham of the 94th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for special motor vehicle license plates, dedicate the revenue from such plates for specific purposes, and appropriate the revenues so dedicated, including appropriations for the ultimate use of nonprofit organizations where it is found that there will be a benefit to the state; to change certain provisions relating to an indemnification fund for public school teachers, administrators, and employees who are killed or permanently disabled in the line of duty; to change certain provisions relating to a dog and cat reproductive sterilization support program; and for other purposes. HR 1402. By Representative Lane of the 101st: A RESOLUTION ratifying a change of regional development center boundaries established by the Board of Community Affairs; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 593. By Senators Harp of the 16th, Smith of the 52nd, Adelman of the 42nd, Hall of the 22nd and Kemp of the 3rd: A BILL to be entitled an Act to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to mandate mediation in all professional malpractice civil actions; to provide for a short title; to provide for guidelines, time frames, and other issues related to mediation; to provide for an offer of judgment; to provide for matters relating to an offer of judgment, including time limitations, methods of service, withdrawal and acceptance of offers, admissibility of an offer, and court costs; to provide for a definition; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. 1165 1160 JOURNAL OF THE SENATE SB 594. By Senators Clay of the 37th, Bulloch of the 11th and Balfour of the 9th: 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 judicial circuit, so as to create a new fourth superior court judgeship for the Cherokee Judicial Circuit, a new ninth superior court judgeship for the Gwinnett Judicial Circuit, and a new fifth superior court judgeship for the Southern Judicial Circuit; to provide for the initial appointment, election, and term of office of each such judge; to provide for the qualifications and for the compensation, salary, and expense allowance of said judges to be paid by the State of Georgia and the counties comprising the respective judicial circuits; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 595. By Senators Kemp of the 46th, Thompson of the 33rd, Thomas of the 54th, Price of the 56th, Hall of the 22nd and others: A BILL to be entitled an Act to amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, so as to provide that any health care provider, health care facility, or health care professional may create, maintain, transmit, receive, and store medical records in an electronic format; to provide conditions; to provide for legal rights and responsibilities; to provide for tangible copies of records; to provide for costs; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 596. By Senators Hudgens of the 47th, Cagle of the 49th, Seabaugh of the 28th and Thomas of the 54th: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to require the presentation of secure and verifiable documents for purposes of providing governmental services and performing governmental functions in certain cases; to provide a short title; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 597. By Senators Zamarripa of the 36th and Brush of the 24th: A BILL to be entitled an Act to amend Code Section 32-10-65 of the Official 1166 THURSDAY, MARCH 4, 2004 1161 Code of Georgia Annotated, relating to fixing, revising, charging, and collecting tolls, and use and disposition of tolls generally, so as to exempt persons operating motorcycles from being charged a toll on any toll road; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 598. By Senators Stokes of the 43rd, Seabaugh of the 28th, Henson of the 41st and Lamutt of the 21st: A BILL to be entitled an Act to amend Code Section 20-2-1184 of the Official Code of Georgia Annotated, relating to the reporting of students committing prohibited acts, so as to provide that the parents of a student reported to have committed a certain prohibited act on school property shall be given immediate notice by the school principal; to repeal conflicting laws; and for other purposes. Referred to the Education Committee. SB 599. By Senator Price of the 56th: A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to bidding on public works, and Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to prohibit the state or a governmental entity contracting for public works construction from requiring a contractor, subcontractor, or material supplier or handler to become a party to any labor agreement as a condition of bidding, negotiating regarding bids, being awarded a contract, or working on a public works project; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SR 862. By Senators Kemp of the 46th, Hamrick of the 30th, Reed of the 35th, Squires of the 5th, Hudgens of the 47th and others: A RESOLUTION urging the Board of Regents of the University System of Georgia and the foundations associated with the units of the university system to maximize public access to meetings and documents affecting the operations of the university system; and for other purposes. Referred to the Higher Education Committee. 1167 1162 JOURNAL OF THE SENATE SR 863. By Senators Unterman of the 45th, Bulloch of the 11th, Tate of the 38th, Mullis of the 53rd, Reed of the 35th and others: A RESOLUTION urging the Board of Regents of the University System of Georgia and the Department of Education to work together to find incentives and create avenues to encourage student participation as poll workers; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SR 864. By Senators Squires of the 5th and Smith of the 25th: A RESOLUTION urging the House of Representatives to introduce and pass a revenue bill to provide tax benefits to companies that provide certain health benefits to their employees; and for other purposes. Referred to the Health and Human Services Committee. SR 866. By Senator Mullis of the 53rd: A RESOLUTION dedicating a portion of the Battlefield Parkway in Catoosa County to the memory of Baxter Shavers; and for other purposes. Senator Thomas of the 54th gave notice that at the proper time he would ask that SR 866 be engrossed. Senator Levetan of the 40th moved to suspend Senate Rule 105 (a) and allow SR 869 to be read the first time. There were no objections and the motion was granted. SR 869. By Senators Levetan of the 40th and Henson of the 41st: A RESOLUTION designating the Judge Jim Weeks Intersection; and for other purposes. Senator Levetan of the 40th gave notice that at the proper time she would ask that SR 869 be engrossed. The following House legislation was read the first time and referred to committee: 1168 THURSDAY, MARCH 4, 2004 1163 HB 1179. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Stephens of the 123rd, Channell of the 77th and Buckner of the 82nd: A BILL to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to establish greater penalties for simple assault and simple battery when the victim of such an offense is a public school employee engaged in official duties or on school property; to provide a definition of school property for such offenses and battery; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary schools, so as to provide that the offense of disrupting the operation of a public school applies to disruption of public school buses and established public school bus stops; and for other purposes. Referred to the Education Committee. HB 1206. By Representatives Buck of the 112th and Powell of the 23rd: A BILL to amend Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to persons who may not engage in the bail bond business, so as to remove attorneys from the listing of prohibited persons; to provide that attorneys may indirectly engage in the bail bond business but may not directly manage a bail bond business; and for other purposes. Referred to the Special Judiciary Committee. HB 1287. By Representatives Snow of the 1st, Day of the 126th and Parham of the 94th: A BILL to amend Part 5 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of law enforcement and emergency vehicles, so as to provide for restrictions with respect to the use of certain lights; and for other purposes. Referred to the Public Safety and Homeland Security Committee. HB 1348. By Representative Harbin of the 80th: A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to permit insurers to provide food or refreshments under certain circumstances to current or prospective clients during sales 1169 1164 JOURNAL OF THE SENATE presentations and seminars provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; and for other purposes. Referred to the Insurance and Labor Committee. HB 1362. By Representatives Parrish of the 102nd, Hanner of the 133rd, Oliver of the 121st, Post 2, Morris of the 120th, Barnard of the 121st, Post 1 and others: A BILL to amend Code Section 27-2-3.1 of the Official Code of Georgia Annotated, relating to archery and primitive weapons hunting licenses, all weapons hunting licenses, sportsman's licenses, license card carrier requirements, and lifetime sportsman's licenses, so as to change certain provisions relating to lifetime sportsman's licenses; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 1494. By Representatives Snow of the 1st and Joyce of the 2nd: A BILL to amend an Act creating the Walker County Rural Water and Sewer Authority, so as to change provisions relating to the members of the authority and their selection; to change provisions relating to vacancies; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1507. By Representatives O`Neal of the 117th, Parrish of the 102nd, Royal of the 140th and Buck of the 112th: A BILL to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding venture capital; to provide for the substantial revision of the Seed-Capital Fund; and for other purposes. Referred to the Economic Development and Tourism Committee. HB 1555. By Representatives Channell of the 77th, Watson of the 60th, Post 2 and Teilhet of the 34th, Post 2: A BILL to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to extend the suspension of the surcharge on the employer contribution rate based upon the State-wide 1170 THURSDAY, MARCH 4, 2004 1165 Reserve Ratio; and for other purposes. Referred to the Insurance and Labor Committee. HB 1599. By Representative Lane of the 101st: A BILL to amend Code Section 50-4-7 of the Official Code of Georgia Annotated, relating to state service delivery regions, so as to change the descriptions of certain such regions; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 1629. By Representative Hanner of the 133rd: A BILL to reconstitute the Board of Education of Terrell County; to change the description of the education districts; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1630. By Representative Hanner of the 133rd: A BILL to provide a new Charter for the City of Preston in the County of Webster; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1650. By Representatives Richardson of the 26th, Teilhet of the 34th, Post 2, Manning of the 32nd, Dollar of the 31st, Wix of the 33rd, Post 1 and others: A BILL to amend an Act creating the State Court of Cobb County, so as to add an additional judge to Division 1 of the State Court of Cobb County; to add an additional judge to the second division of the State Court of Cobb County; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 1322. By Representative Parham of the 94th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for special motor vehicle license plates, dedicate the revenue from such plates for specific purposes, and appropriate the revenues so dedicated, including appropriations for the ultimate use of nonprofit organizations where it is found that there will be a benefit to 1171 1166 JOURNAL OF THE SENATE the state; to change certain provisions relating to an indemnification fund for public school teachers, administrators, and employees who are killed or permanently disabled in the line of duty; to change certain provisions relating to a dog and cat reproductive sterilization support program; and for other purposes. Referred to the Public Safety and Homeland Security Committee. HR 1402. By Representative Lane of the 101st: A RESOLUTION ratifying a change of regional development center boundaries established by the Board of Community Affairs; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. The following committee reports were read by the Secretary: Mr. President: The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1101 Do Pass HB 1234 Do Pass Respectfully submitted, Senator Bulloch of the 11th 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 554 Do Pass Respectfully submitted, Senator Brush of the 24th District, Chairman Mr. President: The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 1172 THURSDAY, MARCH 4, 2004 1167 HB 736 HB 1089 HB 1282 Do Pass Do Pass Do Pass HB 1459 Do Pass SB 453 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: SB 458 SR 822 Do Pass by substitute Do Pass Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 117 Do Pass HB 1263 Do Pass SB 495 Do Pass Respectfully submitted, Senator Lamutt of the 21st 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 1177 HB 1243 HB 1549 Do Pass Do Pass Do Pass SB 528 SB 564 Do Pass Do Pass as amended Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: 1173 1168 JOURNAL OF THE SENATE 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 986 HB 1055 HB 1311 Do Pass Do Pass Do Pass SB 445 SB 550 Do Pass by substitute Do Pass as amended 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: HB 480 HB 618 HB 753 Do Pass by substitute HB 987 Do Pass by substitute Do Pass HB 1137 Do Pass Do Pass Respectfully submitted, Senator Hudgens of the 47th District, Chairman Mr. President: The Veterans and Military Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1390 Do Pass HB 1445 Do Pass SB 560 SR 858 Do Pass Do Pass Respectfully submitted, Senator Harp of the 16th District, Chairman The following legislation was read the second time: HB 1083 HB 1358 HB 1382 SB 297 SB 460 SB 512 SB 514 SB 515 SB 530 SR 828 SR 829 Senator Squires of the 5th asked unanimous consent that Senator Smith of the 25th be excused. The consent was granted, and Senator Smith 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. 1174 THURSDAY, MARCH 4, 2004 1169 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 Butler of the 55th asked unanimous consent that Senator Thomas of the 10th be excused. The consent was granted, and Senator Thomas was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Collins Crotts Dean Gillis Golden Hall Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Lamutt Lee Levetan Me V Bremen Moody Mullis Price Reed Seabaugh Seay Shafer Smith,P Squires Starr Stephens Stokes Tanksley Tate Thomas,D Thomas,R Thompson Tolleson Unterman Williams Zamarripa Not answering were Senators: Blitch (Excused) Harbison Thomas, N (Excused) Fort Kemp, R (Excused) Hamrick Smith, F (Excused) The members pledged allegiance to the flag. Senator Cheeks of the 23rd introduced the chaplain of the day, Reverend Rodger Murchison of Augusta, Georgia, who offered scripture reading and prayer. Senators Meyer von Bremen of the 12th and Hooks of the 14th introduced George M. Kirkland, Jr., commended by SR 851, adopted previously. Mr. Kirkland addressed the Senate briefly. The following resolution was read and adopted: 1175 1170 JOURNAL OF THE SENATE SR 865. By Senator Stokes of the 43rd: A RESOLUTION recognizing and commending Daedalus Capital, L.L.C., and Mr. Stephen Coleman; and for other purposes. The time having arrived for the motion, Senator Mullis of the 53rd asked unanimous consent that the following resolution be engrossed: SR 866. By Senator Mullis of the 53rd: A RESOLUTION dedicating a portion of the Battlefield Parkway in Catoosa County to the memory of Baxter Shavers; and for other purposes. The consent was granted and SR 866 was engrossed. The President referred SR 866 to the Transportation Committee. The time having arrived for the motion, Senator Levetan of the 40th asked unanimous consent that the following resolution be engrossed: SR 869. By Senators Levetan of the 40th and Henson of the 41st: A RESOLUTION designating the Judge Jim Weeks Intersection; and for other purposes. The consent was granted and SR 869 was engrossed. The President referred SR 869 to the Transportation Committee. SB 532 SB 491 SB 535 SENATE RULES CALENDAR THURSDAY, MARCH 4, 2004 TWENTY-NINTH LEGISLATIVE DAY Business Corporations; electronic transmissions definitions; updating provisions (JUDY-37th) Tax penalties; false claims of independent contractor status; violations (I&L-19th) State Commission on Family Violence; extend the date to cease to exist (C&Y-22nd) 1176 THURSDAY, MARCH 4, 2004 1171 SB 507 Ga. Smokefree Air Act; prohibit smoking in certain facilities/areas; penalties (Substitute)(H&HS-54th) SR 688 Women in Construction Week; proclaiming March 7-13 (RULES-43rd) SB 302 Handicapped parking; enforcement; change provisions (PS&HS-40th) SB 525 Motor Vehicles; removal of vehicles in traffic accidents from all public roads (Substitute)(PS&HS-40th) SB 399 Counties/Municipal Corporations; resettlement of refugees; general provision (PS&HS-55th) SB 497 Cities of 300,000 or more; repeal recreating state courts of limit jurisdiction (JUDY-35th) SB 492 Bingo; licensed operator; may assist in operation of games in licensed auxiliary (ED&T-44th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 532. By Senators Clay of the 37th, Adelman of the 42nd and Tanksley of the 32nd: A BILL to be entitled an Act to amend Chapter 2 of Title 14 of the O.C.G.A., relating to business corporations, so as to provide for the updating of provisions relating to business corporations; to provide for undeliverable shareholder notices; to provide for electronic transmissions; to provide for renunciation of business opportunities; to provide for flexibility in amendments to series; to provide for effectiveness of amendments; to provide for mergers and share exchanges; to provide for mailings; to provide for authority to issue options; to provide for and change definitions; to amend Code Section 7-1-712 of the Official Code of Georgia Annotated, relating to applicability of Article 15 of Chapter 2 of Title 14, so as to correct a crossreference; 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. 1177 1172 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B E Kemp,R Y Lamutt Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Starr Y Stephens Y Stokes Y Tanksley Y Tate Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 0. SB 532, having received the requisite constitutional majority, was passed. 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. 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: 1178 THURSDAY, MARCH 4, 2004 1173 Y Adelman Y Balfour E Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall 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 Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. SB 491, having received the requisite constitutional majority, was passed. SB 535. By Senators Hall of the 22nd and Collins of the 6th: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, so as to extend the date upon which the commission shall cease to exist; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Blitch Y Bowen Y Brown Y Brush Y Bulloch Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Seay Y Shafer Y Smith,F Smith,P Y Squires Y Starr Y Stephens 1179 1174 JOURNAL OF THE SENATE Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick 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 Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 49, nays 0. SB 535, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: The State of Georgia Atlanta, Georgia 30334 I voted Yes for SB 535. 11:29 a.m. 3/4/04 /s/ Connie Stokes Senator Brush of the 24th introduced the doctor of the day, Dr. Jacqueline Fincher. The Calendar was resumed. SB 507. By Senators Thomas of the 54th, Reed of the 35th, Unterman of the 45th, Thomas of the 2nd, Lee of the 29th and others: A BILL to be entitled an Act 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 enact the "Georgia Smokefree Air Act of 2004"; to prohibit smoking in certain facilities and areas; to state findings; to provide for definitions; to provide for exceptions; to provide for posting of signs; to provide for violations, penalties, and state and local government enforcement and administration; to provide for construction; to provide that this prohibition shall be cumulative to other general or local acts, rules, and regulations; to 1180 THURSDAY, MARCH 4, 2004 1175 repeal a former prohibition against smoking in public places; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Health and Human Services Committee offered the following substitute to SB 507: A BILL TO BE ENTITLED AN ACT 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 enact the "Georgia Smokefree Air Act of 2004"; to prohibit smoking in certain facilities and areas; to state findings; to provide for definitions; to provide for exceptions; to provide for posting of signs; to provide for violations, penalties, and state and local government enforcement and administration; to provide for construction; to provide that this prohibition shall be cumulative to other general or local acts, rules, and regulations; to repeal a former prohibition against smoking in public places; to provide for related matters; 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 "Georgia Smokefree Air Act of 2004." SECTION 2. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by adding a new Article 8 to read as follows: "ARTICLE 8 16-12-180. The General Assembly finds that: (1) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of up to 65,000 Americans annually; (2) The Public Health Services National Toxicology Program has listed secondhand smoke as a known carcinogen; (3) Secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to 1181 1176 JOURNAL OF THE SENATE secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer; (4) The federal Americans with Disabilities Act of 1990, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability; (5) The U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke; (6) A significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50 percent higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; (7) Smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke; (8) Numerous economic analyses examining restaurant and hotel receipts and controlling for economic variables have shown either no difference or a positive economic impact after enactment of laws requiring workplaces to be smokefree. Creation of smokefree workplaces is sound economic policy and provides the maximum level of employee health and safety; (9) Smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and (10) The purposes of this article are (A) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (B) to guarantee the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke. 16-12-181. As used in this article, the term: (1) 'Bar' means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. (2) 'Business' means a sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered. 1182 THURSDAY, MARCH 4, 2004 1177 (3) 'Employee' means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a nonprofit entity. (4) 'Employer' means a person, business, partnership, association, corporation, including a municipal corporation, trust, or nonprofit entity, that employs the services of one or more individuals. (5) 'Enclosed area' means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to the ceiling. (6) 'Health care facility' means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. (7) 'Place of employment' means an area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a place of employment unless it is used as a child care, adult day-care, or health care facility. (8) 'Public place' means an enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, bars, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a public place unless it is used as a child care, adult day-care, or health care facility. (9) 'Restaurant' means an eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term shall include a bar area within the restaurant. (10) 'Retail tobacco store' means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. (11) 'Service line' means an indoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money. (12) 'Shopping mall' means an enclosed public walkway or hall area that serves to connect retail or professional establishments. 1183 1178 JOURNAL OF THE SENATE (13) 'Smoking' means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, weed, plant, or other combustible substance in any manner or in any form. (14) 'Sports arena' means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events. 16-12-182. All enclosed facilities of, including buildings and vehicles owned, leased, or operated by, the State of Georgia, any unit of local government of the state, or any entity of state or local government shall be subject to this article. 16-12-183. Smoking shall be prohibited in all enclosed public places in this state, including, but not limited to, the following places: (1) Aquariums, galleries, libraries, and museums; (2) Areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including, but not limited to, professional offices, banks, laundromats, hotels, and motels; (3) Bars; (4) Bingo facilities when a bingo game is in progress; (5) Convention facilities; (6) Elevators; (7) Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance; (8) Health care facilities; (9) Licensed child care and adult day-care facilities; (10) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multipleunit residential facilities; (11) Polling places; (12) Public transportation facilities, including buses and taxicabs, and ticket, boarding, and waiting areas of public transit depots; (13) Restaurants; (14) Restrooms, lobbies, reception areas, hallways, and other common use areas; (15) Retail stores; (16) Rooms, chambers, and places of meeting or public assembly when a public meeting is in progress; (17) Service lines; (18) Shopping malls; and (19) Sports arenas, including enclosed places in outdoor arenas. 1184 THURSDAY, MARCH 4, 2004 1179 16-12-184. (a) Smoking shall be prohibited in all enclosed facilities within places of employment without exception, including, but not limited to, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. (b) Such prohibition on smoking shall be communicated to all existing employees by July 1, 2004, and to all prospective employees upon their application for employment. 16-12-185. Notwithstanding any other provision of this article, the following areas shall be exempt from the provisions of Code Sections 16-12-183 and 16-12-184: (1) Private residences, except when used as a licensed child care, adult day-care, or health care facility; (2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than 20 percent of rooms rented to guests in a hotel or motel may be so designated; (3) Retail tobacco stores, provided that smoke from such stores does not infiltrate into areas where smoking is prohibited under the provisions of this article; (4) Private and semiprivate rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted; and (5) Outdoor areas of places of employment. 16-12-186. Notwithstanding any other provision of this article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of subsection (a) of Code Section 16-12-187 is posted. 16-12-187. (a) 'No Smoking' signs or the international 'No Smoking' symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it shall be clearly and conspicuously posted by the owner, operator, manager, or other person in control in every public place and place of employment where smoking is prohibited by this article. (b) All ashtrays and other smoking paraphernalia shall be removed by the owner, operator, manager, or other person in control from any area where smoking is prohibited by this article. 16-12-188. No person or employer shall discharge, refuse to hire, or in any manner retaliate against 1185 1180 JOURNAL OF THE SENATE an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this article or attempts to prosecute a violation of this article. 16-12-189. (a) This article shall be enforced by the appropriate local government agency or agencies designated by each unit of local government in this state. (b) Each unit of local government in this state that issues business licenses shall give notice of the provisions of this article to all applicants for a business license. (c) Any citizen who desires to register a complaint under this article may initiate enforcement with the agency designated by a unit of local government for enforcement. (d) The health department and fire department of any unit of local government shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this article. (e) An owner, manager, operator, or employee of an establishment regulated by this article shall inform persons violating this article of the appropriate provisions of this article. (f) Any employee or private citizen may bring a legal action to enforce this article. (g) In addition to any other remedy provided by law, a local government agency or any person aggrieved by the failure of the owner, operator, or other person in control of a public place or place of employment to comply with the provisions of this article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction. 16-12-190. (a) A person who smokes tobacco in any form in an area where smoking is prohibited by the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50.00 nor more than $100.00. (b) A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished as follows: (1) For a first violation, a fine not exceeding $100.00; (2) For a second violation within one year, a fine not exceeding $200.00; and (3) For each additional violation within one year, a fine not exceeding $500.00. (c) A person who owns, manages, operates, or otherwise controls a public place or place of employment shall have no civil or criminal liability under this article when such person has complied with the duty to post the premises as required by subsection (a) of Code Section 16-12-187, the duty to remove ashtrays and other smoking paraphernalia as required by subsection (b) of Code Section 16-12-188, and the duty to inform violators of the provisions of this article as required by subsection (e) of Code Section 16-12-189; provided, however, that this exemption from liability shall not apply with respect to wrongful discharge, refusal to hire, or retaliation which is prohibited by Code Section 16-12-188. 1186 THURSDAY, MARCH 4, 2004 1181 (d) In addition to the fines established by this Code section, violation of this article by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred. (e) Each day on which a violation of this article occurs shall be considered a separate and distinct violation. 16-12-191. The Department of Community Health and the agency designated by each unit of local government in this state shall engage in a continuing program to explain and clarify the purposes and requirements of this article to citizens affected by it and to guide owners, operators, and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this article. 16-12-192. The agency designated by each unit of local government in this state shall annually request other governmental and educational agencies having facilities within the area of the local government to establish local operating procedures in cooperation and compliance with this article. 16-12-193. This article shall not be construed to permit smoking where it is otherwise restricted by other applicable laws. 16-12-194. This article shall be cumulative to and shall not prohibit the enactment of any other general or local laws, rules, and regulations of state or local agencies or local ordinances prohibiting smoking which are more restrictive than this article. 16-12-195. This article shall be liberally construed so as to further its purposes." SECTION 3. Said chapter is further amended by repealing Code Section 16-12-2, relating to prohibited smoking in public places. This repeal shall not, however, abate the prosecution of any offense committed prior to July 1, 2004. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. 1187 1182 JOURNAL OF THE SENATE Senator Balfour of the 9th offered the following amendment # 1: Amend the Senate Health and Human Services substitute to SB 507 (LC 14 8776S) by striking line 32 of page 3 and inserting in its place the following: "rooms, classrooms, employee cafeterias, and hallways. A private residence is". By inserting between lines 21 and 22 of page 4 the following: "(15) 'Stand-alone bar' means any licensed premises devoted during any time of operation predominantly or totally to serving alcoholic beverages, intoxicating beverages, or intoxicating liquors, or any combination thereof, for consumption on the licensed premises, including, but not limited to, taverns, cigar bars, nightclubs, cocktail lounges, and cabarets, in which the serving of food, if any, is merely incidental to the consumption of any such beverage and the licensed premises is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace, including any business for which the sale of food or any other product or service is more than an incidental source of gross revenue. A place of business constitutes a stand-alone bar in which the service of food is merely incidental in accordance with this paragraph if the licensed premises derives no more than 20 percent of its gross revenue from the sale of food consumed on the licensed premises." By striking the words "and vehicles" on line 23 of page 4. By striking line 33 of page 4 and inserting in its place the following: "(3) Bars, but which shall not include stand-alone bars;". By striking from line 25 of page 5 the word and symbol "vehicles,". By striking the word "and" on line 5 of page 6, by striking the period at the end of line 6 of page 6 and inserting in its place ";", and by adding between lines 6 and 7 of page 6 the following: "(6) Any automobile or vehicle; and (7) Stand-alone bars." Senator Henson of the 41st offered the following amendment # 1a: Amend Balfour Amendment #1 (AM 33 0066) to SB 507 by striking on line 16 20 percent and inserting in its place 40 percent On the adoption of the amendment, the yeas were 7, nays 36, and the Henson amendment # 1a was lost. 1188 THURSDAY, MARCH 4, 2004 1183 Senator Hall of the 22nd offered the following amendment # 1b: Amend Amendment #1 (AM 33 0066) to SB 507 by deleting the word "workplace" on line 13 and inserting in lieu thereof the word "restaurant". On the adoption of the amendment, the yeas were 46, nays 0, and the Hall amendment # 1b was adopted. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman Y Balfour E Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick 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 Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the amendment, the yeas were 53, nays 0, and the Balfour amendment # 1 was adopted as amended. Senators Smith of the 25th, Hooks of the 14th and Butler of the 55th offered the following amendment # 2: Amend the Senate Health and Human Services Committee substitute to SB 507 by striking "and" at the end of line 5 of page 6, by striking the period at the end of line 6 of page 6 and by inserting in its place "; and". By inserting between lines 6 and 7 of page 6 the following: 1189 1184 JOURNAL OF THE SENATE "(6) Any establishment or place of employment owned or operated by a private entity." Senator Smith of the 25th asked unanimous consent that her amendment # 2 be withdrawn. The consent was granted, and the amendment was withdrawn. Senator Bulloch of the 11th offered the following amendment # 3: Amend the Senate Health and Human Services Committee substitute to SB 507 by striking "Smoking" on line 22 of page 5 and inserting in its place the following: "Except as provided for in subsection (c) of this Code section, smoking". By striking "without exception" on line 23 of page 5. By inserting between lines 28 and 29 of page 5 the following: "(c) This Code section shall not apply to private places of employment that have fewer than 15 employees, except that smoking shall be prohibited in any public reception area of such place of employment." Senators Meyer von Bremen of the 12th, Thompson of the 33rd, Bulloch of the 11th, Dean of the 31st, Gillis of the 20th and Williams of the 19th offered the following amendment # 3a: Amend the Amendment # 3 by Senator Bulloch of the 11th which amends the Committee Substitute (LC 14 8776S) to SB 507 by striking the number "15" on line 8 and substituting the number "7" in its place. Further by adding on line 9 after employment." the following additional language: This exception shall not apply to restaurants. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman Y Balfour E Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley 1190 THURSDAY, MARCH 4, 2004 1185 Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis N Golden Y Hall Y Hamrick E Kemp,R N Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Tate Y Thomas,D E Thomas,N N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the amendment, the yeas were 48, nays 4, and the Meyer von Bremen, et al. amendment # 3a was adopted. Senator Unterman of the 45th offered the following amendment # 3b: Amend SB 507 by amend amendment #3 by striking "15" on line 8 and inserting "7". Senator Unterman of the 45th asked unanimous consent that her amendment # 3b 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 E Blitch Y Bowen Y Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall N Hamrick N 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 N Levetan Y Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh N Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate N Thomas,D E Thomas,N N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams N Zamarripa 1191 1186 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 43, nays 10, and the Bulloch amendment # 3 was adopted as amended. Senators Thompson of the 33rd, Brown of the 26th, Dean of the 31st, Meyer von Bremen of the 12th, Williams of the 19th, Hooks of the 14th and Gillis of the 20th offered the following amendment # 4: Amend the Senate Health and Human Services Committee Substitute (LC 14 8776S) to SB 507 by striking lines 5 and 6 on page 6 and replacing them with the following: "to be placed in a room where smoking is permitted; (5) Outdoor areas of places of employment; and (6) Private employers with 7 or fewer employees, excluding restaurants as defined above." Senator Thompson of the 33rd asked unanimous consent that his amendment # 4 be withdrawn. The consent was granted, and the amendment was withdrawn. Senator Tolleson of the 18th offered the following amendment # 5: Amend the Senate Health and Human Services Committee substitute to SB 507 By adding between lines 21 and 22 of page 4 the following: "(15) 'Tobacco business' means any person in the business of manufacturing, importing, exporting, marketing, or distributing tobacco or any product that is consumed by the act of smoking, and any corporate affiliate of such person. This term shall also include a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental." By adding on line 1 page 6 after Retail tobacco stores "and tobacco businesses" On the adoption of the amendment, Senator Brown of the 26th, called for the yeas and nays; the call was sustained, and the vote was as follows: Y Adelman N Balfour E Blitch N Bowen Y Brown Y Brush Y Bulloch Y Butler N Cagle N Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson Y Johnson Y Kemp,B N Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr N Stephens Y Stokes Y Tanksley 1192 THURSDAY, MARCH 4, 2004 1187 N Cheeks Y Clay N Collins N Crotts N Dean N Fort Y Gillis Y Golden N Hall N Hamrick E Kemp,R Y Lamutt N Lee N Levetan Y Me V Bremen N Moody Y Mullis Y Price N Reed N Seabaugh Y Tate N Thomas,D E Thomas,N N Thomas,R N Thompson Y Tolleson N Unterman N Williams N Zamarripa On the adoption of the amendment, the yeas were 26, nays 27, and the Tolleson amendment # 5 was lost. Senator Tolleson of the 18th moved that the Senate reconsider its action in defeating his amendment # 5. On the motion to reconsider the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman N Balfour E Blitch Y Bowen Y Brown Y Brush N Bulloch Y Butler N Cagle N Cheeks Y Clay N Collins N Crotts Y Dean N Fort Y Gillis Y Golden N Hall N Hamrick Y Harbison N Harp Y Henson Y Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B E Kemp,R Y Lamutt N Lee N Levetan Y Me V Bremen N Moody N Mullis Y Price N Reed N Seabaugh N Seay Y Shafer Y Smith,F N Smith,P Y Squires Y Starr N Stephens N Stokes N Tanksley Y Tate N Thomas,D E Thomas,N N Thomas,R Y Thompson Y Tolleson N Unterman N Williams N Zamarripa On the motion, the yeas were 24, nays 29, and the Tolleson amendment was not reconsidered. 1193 1188 JOURNAL OF THE SENATE Senator Unterman of the 45th offered the following amendment # 6: Amend the Senate Health and Human Services Committee Substitute to SB 507 by striking "Smoking" on line 22 of page 5 and inserting in its place the following: "Except as provided for in subsection (c) of this code section, smoking". By striking "without exception" on line 23 of page 5 By inserting between lines 28 and 29 of page 5 the following: "(c) This code section shall not apply to private places of employment that have fewer than 7 (seven), except that smoking shall be prohibited in any public reception area of such place of employment." Senator Unterman of the 45th asked unanimous consent that her amendment # 6 be withdrawn. The consent was granted, and the amendment was withdrawn. On the adoption of the substitute, the yeas were 46, nays 0, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Blitch Y Bowen N Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay N Collins Y Crotts Y Dean Y Fort Y Gillis Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Jackson Y Johnson Y Kemp,B E Kemp,R N Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody N Mullis Y Seay Y Shafer Y Smith,F N Smith,P Y Squires Y Starr Y Stephens Y Stokes N Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman 1194 THURSDAY, MARCH 4, 2004 1189 N Golden Y Hall Y Hamrick Y Price Y Reed Y Seabaugh Y Williams Y Zamarripa On the passage of the bill, the yeas were 45, nays 7. SB 507, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 March 4, 2004 Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Eldridge: Please let the journal reflect that I, Carol Jackson, 50th District Senator, wish for my vote on SB 507 to reflect "yes". Thank you. Sincerely, /s/ Carol Jackson 50th District Senator The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following Bill of the House: HB 1180. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th: A BILL to amend an Act providing appropriations for the State Fiscal Year 1195 1190 JOURNAL OF THE SENATE 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; and for other purposes. The following bill was taken up to consider House action thereto: HB 1180. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th: A BILL to amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; and for other purposes. Senator Hill of the 4th asked unanimous consent that the Senate insist on its substitute to HB 1180. The consent was granted, and the Senate insisted on its substitute to HB 1180. Senator Clay of the 37th asked unanimous consent that Senator Crotts of the 17th be excused. The consent was granted, and Senator Crotts was excused. The following bill was taken up to consider the Conference Committee report thereto: SB 157. By Senators Cheeks of the 23rd, Cagle of the 49th, Stephens of the 51st and Starr of the 44th: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes. The Conference Committee report was as follows: The Committee of Conference on SB 157 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of 1196 THURSDAY, MARCH 4, 2004 1191 Conference Substitute to SB 157 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Cheeks of the 23rd /s/ Senator Hall of the 22nd Senator Lee of the 29th /s/ Representative Floyd of the 132nd /s/ Representative Shaw of the 143rd /s/ Representative Fludd of the 48th, Post 4 COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 157 A BILL TO BE ENTITLED AN ACT To amend Code Section 7-3-29 of the Official Code of Georgia Annotated, relating to penalties for violations of the "Georgia Industrial Loan Act," so as to allow class actions to be brought against unlicensed lenders; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to include payday lending in the definition of racketeering activity; to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to strengthen and increase the criminal and civil penalties therefor; to void payday lending loans; to declare that forum selection clauses in payday lending contracts are unenforceable in Georgia; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemptions for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties; to declare a tax on profits from payday loans; to declare sites or locations on which payday lending is taking place to be public nuisances; to provide disclosure and notice requirements regarding loans made to members of the military; to provide for severability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 7-3-29 of the Official Code of Georgia Annotated, relating to penalties for violations of the "Georgia Industrial Loan Act," is amended by striking subsection (e) and inserting in its place the following: "(e) A claim of violation of this chapter against a duly licensed lender may be asserted in an individual action only and may not be the subject of a class action under Code Section 9-11-23 or any other provision of law. A claim of violation of this chapter 1197 1192 JOURNAL OF THE SENATE against an unlicensed lender may be asserted in a class action under Code Section 9-1123 or any other provision of law." SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-14-3, relating to definitions concerning racketeer influenced organizations, by striking divisions (9)(A)(xxxvi) and (9)(A)(xxxvii) and inserting in lieu thereof the following: "(xxxvi) Article 8 of Chapter 9 of this title, relating to identity fraud, and Section 1028 of Title 18 of the United States Code, relating to fraudulent identification documents and information; or (xxxvii) Code Section 33-1-9, relating to insurance fraud.; or (xxxviii) Code Section 16-17-2, relating to payday loans." SECTION 3. Said title is further amended by adding a new Chapter 17 to read as follows: "CHAPTER 17 16-17-1. (a) Without limiting in any manner the scope of this chapter, 'payday lending' as used in this chapter encompasses all transactions in which funds are advanced to be repaid at a later date, notwithstanding the fact that the transaction contains one or more other elements and a 'payday lender' shall be one who engages in such transactions. This definition of 'payday lending' expressly incorporates the exceptions and examples contained in subsections (a) and (b) of Code Section 16-17-2. (b) Despite the fact that the Attorney General of the State of Georgia has opined in Official Opinion 2002-3 entered on June 27, 2002, that payday lending is in violation of Georgia law and despite the fact that the Industrial Loan Commissioner has issued cease and desist orders against various payday lenders in the State of Georgia, the General Assembly has determined that payday lending continues in the State of Georgia and that there are not sufficient deterrents in the State of Georgia to cause this illegal activity to cease. (c) The General Assembly has determined that various payday lenders have created certain schemes and methods in order to attempt to disguise these transactions or to cause these transactions to appear to be 'loans' made by a national or state bank chartered in another state in which this type of lending is unregulated, even though the majority of the revenues in this lending method are paid to the payday lender. The General Assembly has further determined that payday lending, despite the illegality of such activity, continues to grow in the State of Georgia and is having an adverse effect upon military personnel, the elderly, the economically disadvantaged, and other citizens of the State of Georgia. The General Assembly has further determined that substantial criminal and civil penalties over and above those currently existing under state law are 1198 THURSDAY, MARCH 4, 2004 1193 necessary in order to prohibit this activity in the State of Georgia and to cause the cessation of this activity once and for all. The General Assembly further declares that these types of loans are currently illegal and are in violation of Code Section 7-4-2. The General Assembly declares that the use of agency or partnership agreements between in-state entities and out-of-state banks, whereby the in-state agent holds a predominant economic interest in the revenues generated by payday loans made to Georgia residents, is a scheme or contrivance by which the agent seeks to circumvent Chapter 3 of Title 7, the 'Georgia Industrial Loan Act,' and the usury statutes of this state. (d) Payday lending involves relatively small loans and does not encompass loans that involve interstate commerce and certain payday lenders have attempted to use forum selection clauses contained in payday loan documents in order to avoid the courts of the State of Georgia, and the General Assembly has determined that such practices are unconscionable and should be prohibited. (e) Without limiting in any manner the scope of this chapter, the General Assembly declares that it is the general intent of this chapter to reiterate that in the State of Georgia the practice of engaging in activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities are currently illegal and to strengthen the penalties for those engaging in such activities. (f) This chapter in no way impairs or restricts the authority granted to the commissioner of banking and finance, the Industrial Loan Commissioner, or any other regulatory authority with concurrent jurisdiction over the matters stated in this chapter. 16-17-2. (a) It shall be unlawful for any person to engage in any business, in whatever form transacted, including, but not limited to, by mail, electronic, the Internet, or telephonic means, which consists in whole or in part of making, offering, arranging, or acting as an agent in the making of loans of $3,000.00 or less unless: (1) Such person is engaging in financial transactions permitted pursuant to: (A) The laws regulating financial institutions as defined under Chapter 1 of Title 7, the 'Financial Institutions Code of Georgia'; (B) The laws regulating state and federally chartered credit unions; (C) Article 13 of Chapter 1 of Title 7, relating to Georgia residential mortgages; (D) Chapter 3 of Title 7, the 'Georgia Industrial Loan Act'; (E) Chapter 4 of Title 7, relating to interest and usury; (F) Chapter 5 of Title 7, 'The Credit Card and Credit Card Bank Act,' including financial institutions and their assignees who are not operating in violation of said chapter; or (G) Paragraph (2) of subsection (a) of Code Section 7-4-2 in which the simple interest rate is not greater than 16 percent per annum; (2) Such loans are lawful under the terms of: (A) Article 1 of Chapter 1 of Title 10, 'The Retail Installment and Home Solicitation Sales Act'; 1199 1194 JOURNAL OF THE SENATE (B) Article 2 of Chapter 1 of Title 10, the 'Motor Vehicle Sales Finance Act'; or (C) Part 5 of Article 3 of Chapter 12 of Title 44, relating to pawnbrokers; (3) Subject to the provisions of paragraph (4) of subsection (b) of this Code section, such person is a bank or thrift chartered under the laws of the United States, a bank chartered under the laws of another state and insured by the Federal Deposit Insurance Corporation, or a credit card bank and is not operating in violation of the federal and state laws applicable to its charter; or (4) Such loan is made as a tax refund anticipation loan. In order to be exempt under this paragraph the tax refund anticipation loan must be issued using a borrowers filed tax return and the loan cannot be for more than the amount of the borrowers anticipated tax refund. Tax returns that are prepared but not filed with the proper government agency will not qualify for a loan exemption under this paragraph. (b) Subject to the exceptions in subsection (a) of this Code section, this Code section shall apply with respect to all transactions in which funds are advanced to be repaid at a later date, notwithstanding the fact that the transaction contains one or more other elements. Without limiting the generality of the foregoing, the advance of funds to be repaid at a later date shall be subject to this Code section, notwithstanding the fact that the transaction also involves: (1) The cashing or deferred presentment of a check or other instrument; (2) The selling or providing of an item, service, or commodity incidental to the advance of funds; (3) Any other element introduced to disguise the true nature of the transaction as an extension of credit; or (4) Any arrangement by which a de facto lender purports to act as the agent for an exempt entity. A purported agent shall be considered a de facto lender if the entire circumstances of the transaction show that the purported agent holds, acquires, or maintains a predominant economic interest in the revenues generated by the loan. (c)(1) A payday lender shall not include in any loan contract made with a resident of this state any provision by which the laws of a state other than Georgia shall govern the terms and enforcement of the contract, nor shall the loan contract designate a court for the resolution of disputes concerning the contract other than a court of competent jurisdiction in and for the county in which the borrower resides or the loan office is located. (2) An arbitration clause in a payday loan contract shall not be enforceable if the contract is unconscionable. In determining whether the contract is unconscionable, the court shall consider the circumstances of the transaction as a whole, including but not limited to: (A) The relative bargaining power of the parties; (B) Whether arbitration would be prohibitively expensive to the borrower in view of the amounts in controversy; (C) Whether the contract restricts or excludes damages or remedies that would be available to the borrower in court, including the right to participate in a class action; (D) Whether the arbitration would take place outside the county in which the loan 1200 THURSDAY, MARCH 4, 2004 1195 office is located or any other place that would be unduly inconvenient or expensive in view of the amounts in controversy; and (E) Any other circumstance that might render the contract oppressive. (d) Any person who violates subsection (a) or (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction thereof shall be punished by imprisonment for not more than one year or by a fine not to exceed $5,000.00 or both. Each loan transaction shall be deemed a separate violation of this Code section. Any person who aids or abets such a violation, including any arbiter or arbitration company, shall likewise be guilty of a misdemeanor of a high and aggravated nature and shall be punished as set forth in this subsection. If a person has been convicted of violations of subsection (a) or (b) of this Code section on three prior occasions, then all subsequent convictions shall be considered felonies punishable by a fine of $10,000.00 or five years imprisonment or both. 16-17-3. Any person who violates subsection (a) or (b) of Code Section 16-17-2 shall be barred from the collection of any indebtedness created by said loan transaction and said transaction shall be void ab initio, and any person violating the provisions of subsection (a) or (b) of Code Section 16-17-2 shall in addition be liable to the borrower in each unlawful transaction for three times the amount of any interest or other charges to the borrower. A civil action under Code Section 16-17-2 may be brought on behalf of an individual borrower or on behalf of an ascertainable class of borrowers. In a successful action to enforce the provisions of this chapter, a court shall award a borrower, or class of borrowers, costs including reasonable attorneys fees. 16-17-4. (a) Any person who violates subsection (a) or (b) of Code Section 16-17-2 shall be liable to the state for a civil penalty equal to three times the amount of any interest or charges to the borrowers in the unlawful transactions. (b) A civil action under Code Section 16-17-2 may be brought by the Attorney General, any district attorney, or a private party. Where a successful civil action is brought by a district attorney one-half of the damages recovered on behalf of the state shall be distributed to the office of the district attorney of the judicial circuit of such district attorney to be used by the district attorney in order to fund the budget of that office. 16-17-5. (a) There is imposed a state tax on all loans made in violation of this chapter. Such tax shall be administered and collected in connection with the Georgia income taxation of the person making such loans and shall be in addition to any other tax liability of such person. (b) The tax imposed by this Code section shall be at the rate of 50 percent of all proceeds received by a person from loans made in violation of this chapter. 1201 1196 JOURNAL OF THE SENATE (c) A person making loans in violation of this chapter shall declare and return the proceeds subject to taxation under this Code section as a part of such persons Georgia income tax return. (d) The state revenue commissioner shall retain returns under this Code section apart from all other returns and shall not disclose any part of such a return for any purpose other than the collection of tax owed or a criminal prosecution involving tax matters. In a criminal proceeding under this chapter, a persons return of proceeds under this Code section and any evidence derived as a result of such return shall not be admissible. 16-17-6. In regard to any loan transaction that is alleged to be in violation of subsection (a) of Code Section 16-17-2, the trial court shall be authorized to review the terms of the transaction in their entirety in order to determine if there has been any contrivance, device, or scheme used by the lender in order to avoid the provisions of subsection (a) of Code Section 16-17-2. The trial court shall not be bound in making such determination by the parol evidence rule or by any written contract but shall be authorized to determine exactly whether the loan transaction includes the use of a scheme, device, or contrivance and whether in reality the loan is in violation of the provisions of subsection (a) of Code Section 16-17-2 based upon the facts and evidence relating to that transaction and similar transactions being made in the State of Georgia. If any entity involved in soliciting or facilitating the making of payday loans purports to be acting as an agent of a bank or thrift, then the court shall be authorized to determine whether the entity claiming to act as agent is in fact the lender. Such entity shall be presumed to be the lender if, under the totality of the circumstances, it holds, acquires, or maintains a predominant economic interest in the revenues generated by the loan. Furthermore, the trial court shall further be authorized to investigate all transactions involving gift cards, telephone cards, the sale of goods or services, computer services, or the like which may be tied to such loan transactions and are an integral part thereof in order to determine whether any such transaction is in fact a contrivance, scheme, or device used by the payday lender in order to evade the provisions of subsection (a) of Code Section 16-17-2. 16-17-7. All corporations, limited liability companies, or other business entities which are engaged in payday lending in the State of Georgia are prohibited from obtaining any certificate of authority from the Secretary of State or from the Department of Banking and Finance and engaging in such payday lending activity in the State of Georgia shall result in the revocation of any existing certificate of authority. 16-17-8. The site or location of a place of business where payday lending takes place in the State of Georgia is declared a public nuisance. 1202 THURSDAY, MARCH 4, 2004 1197 16-17-9. (a) In addition to the other obligations and duties required under this chapter, if the customer is a member of the military services of the United States or a spouse of a member of the military services of the United States, the following duties and obligations apply to any payday lender: (1) The lender is prohibited from garnishment of any military wages or salaries; (2) The lender is prohibited from conducting any collection activity against a military customer or his or her spouse when the military member has been deployed to a combat or combat support posting for the duration of the deployment; (3) The lender is prohibited from contacting the commanding officer of a military customer in an effort to collect on a loan to the military member or his or her spouse; (4) The lender agrees to be bound by the terms of any repayment agreement that it negotiates through military counselors or third-party credit counselors; and (5) The lender agrees to honor any statement or proclamation by a military base commander that a specific payday lender branch location has been declared off limits to military personnel and their spouses. (b) If the customer is a member of the military services of the United States or a spouse of a member of the military services of the United States, the following disclosures shall be made in writing by the payday lender: (1) A notice that the lender is prohibited from garnishment of any military wages or salaries; (2) A notice that the lender is prohibited from conducting any collection activity against a military customer or his or her spouse when the military member has been deployed to a combat or combat support posting for the duration of the deployment; (3) A notice that the lender is prohibited from contacting the commanding officer of a military customer in an effort to collect on a loan to the military member or his or her spouse; (4) A notice that the lender agrees to be bound by the terms of any repayment agreement that it negotiates through military counselors or third-party credit counselors; and (5) A notice that the lender agrees to honor any statement or proclamation by a military base commander that a specific payday lending branch location has been declared off limits to military personnel and their spouses. 16-17-10. If any provision of this chapter or the application of such provision is found by a court of competent jurisdiction in the United States to be invalid or is found to be superseded by federal law, then the remaining provisions of this chapter shall not be affected, and this chapter shall continue to apply to any other person or circumstance." SECTION 4. This Act shall become effective on May 1, 2004. 1203 1198 JOURNAL OF THE SENATE SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Cheeks of the 23rd moved that the Senate adopt the Conference Committee report on SB 157. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Hill Y Hooks N Hudgens Y Jackson Y Johnson Y Kemp,B E Kemp,R N 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 E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the motion, the yeas were 49, nays 2; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 157. The Calendar was resumed. 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. 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: 1204 THURSDAY, MARCH 4, 2004 1199 Y Adelman Y Balfour E Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Cagle Cheeks Y Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Reed Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 47, nays 0. SR 688, having received the requisite constitutional majority, was adopted. SB 302. By Senators Levetan of the 40th, Adelman of the 42nd, Clay of the 37th, Henson of the 41st, Unterman of the 45th and others: A BILL to be entitled an Act to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of parking for persons with disabilities, so as change the provisions relating to persons who are authorized to enforce restrictions on parking for persons with disabilities; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Blitch Y Bowen Y Brown Y Harbison Y Harp Y Henson Y Hill Y Hooks Seay Y Shafer Y Smith,F Y Smith,P Y Squires 1205 1200 JOURNAL OF THE SENATE Y Brush Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean Fort Y Gillis Y Golden Y Hall Hamrick Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Seabaugh Y Starr Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 47, nays 0. SB 302, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted the report of the Committee of Conference on the following Bill of the Senate: SB 157. By Senators Cheeks of the 23rd, Cagle of the 49th, Stephens of the 51st and Starr of the 44th: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes. 1206 THURSDAY, MARCH 4, 2004 1201 The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1471. By Representatives Skipper of the 116th and Buck of the 112th: A RESOLUTION relative to adjournment; and for other purposes. The Calendar was resumed. SB 525. By Senators Levetan of the 40th, Collins of the 6th, Williams of the 19th, Reed of the 35th, Stokes of the 43rd and others: A BILL to be entitled an Act to amend Code Section 40-6-275 of the Official Code of Georgia Annotated, relating to the removal of vehicles involved in traffic accidents from the main traveled way of expressways and multilane highways, so as to provide that such vehicles shall be removed from the traveled way of all public roads; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 525: A BILL TO BE ENTITLED AN ACT To amend Code Section 40-6-275 of the Official Code of Georgia Annotated, relating to the removal of vehicles involved in traffic accidents from the main traveled way of expressways and multilane highways, so as to provide that such vehicles shall be removed from the traveled way of all public roads; to provide for a certain penalty; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-6-275 of the Official Code of Georgia Annotated, relating to the removal of vehicles involved in traffic accidents from the main traveled way of expressways and multilane highways, is amended by striking said Code section in its entirety and inserting in its place the following: "40-6-275. (a) Any other provision of this article or any other law to the contrary notwithstanding, motor vehicles involved in traffic accidents and the drivers of such motor vehicles shall be subject to the provisions of this Code section. (b) This Code section shall apply to motor vehicle traffic accidents which occur on the 1207 1202 JOURNAL OF THE SENATE expressways and multilane highways public roads of this state as defined in paragraph (24) of Code Section 32-1-3. Any violation of this Code section shall be punishable as a misdemeanor pursuant to Code Section 40-6-1. (c) When a motor vehicle traffic accident occurs with no apparent serious personal injury or death, it shall be the duty of the drivers of the motor vehicles involved in such traffic accident, or any other occupant of any such motor vehicle who possesses a valid drivers license, to remove said vehicles from the immediate confines of the roadway into a safe refuge on the shoulder, emergency lane, or median or to a place otherwise removed from the roadway whenever such moving of a vehicle can be done safely and the vehicle is capable of being normally and safely driven, does not require towing, and can be operated under its own power in its customary manner without further damage or hazard to itself, to the traffic elements, or to the roadway. The driver of any such motor vehicle may request any person who possesses a valid drivers license to remove any such motor vehicle as provided in this Code section, and any such person so requested shall be authorized to comply with such request. (d) The driver or any other person who has removed a motor vehicle from the main traveled way of the road as provided in subsection (c) of this Code section before the arrival of a police officer shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle pursuant to this Code section. (e) This Code section shall not abrogate or affect a drivers duty to file any written report which may be required by a local law enforcement agency, but compliance with the requirements of this Code section shall not allow a driver to be prosecuted for his or her failure to stop and immediately report a traffic accident. (f) This Code section shall not abrogate or affect a drivers duty to stop and give information in accordance with law, nor shall it relieve a police officer of his or her duty to render a report in accordance with law. (g) Employees of the Department of Transportation, in the exercise of the management, control, and maintenance of the state highways, may require and assist in the removal from the main traveled way of roads on the state highway system of all vehicles incapacitated from any cause other than having been involved in a motor vehicle accident and of all vehicles incapacitated as a result of motor vehicle traffic accidents and of debris caused thereby when such motor vehicle accidents occur with no apparent serious personal injury or death, where such move can be accomplished safely by the drivers of the vehicles involved or with the assistance of a towing or recovery vehicle and will result in the improved safety or convenience of travel upon the road. However, a vehicle incapacitated as a result of a motor vehicle traffic accident with apparent serious personal injury or death may not be moved until the enforcement officer has made the necessary measurements and diagrams required for the initial accident investigation." SECTION 2. This Act shall become effective on July 1, 2004. 1208 THURSDAY, MARCH 4, 2004 1203 SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 35, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Starr Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 50, nays 0. SB 525, having received the requisite constitutional majority, was passed by substitute. Senator Hudgens of the 47th asked unanimous consent that Senator Cagle of the 49th be excused. The consent was granted, and Senator Cagle was excused. 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 1209 1204 JOURNAL OF THE SENATE 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Blitch Y Bowen Brown Y Brush Y Bulloch Y Butler E Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Smith,P Y Squires Y Starr Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 0. SB 399, having received the requisite constitutional majority, was passed. 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 1210 THURSDAY, MARCH 4, 2004 1205 for the transfer of records, books, minutes, files, and documents; to provide an effective date; to repeal conflicting laws; and for other purposes. Senators Price of the 56th and Reed of the 35th offered the following amendment: Amend SB 497 by adding following the word "transferred" on page 1, line 20 the following: "This Code Section shall be applicable only with an executed intergovernmental agreement between all affected jurisdictions." and by striking "July 1, 2004" on line 22, page 1 and inserting the following: "January 1, 2005." On the adoption of the amendment, the yeas were 38, nays 1, and the Price, Reed amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Blitch Y Bowen Brown Y Brush Y Bulloch Y Butler E Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Squires Y Starr Stephens Y Stokes Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 46, nays 0. 1211 1206 JOURNAL OF THE SENATE SB 497, having received the requisite constitutional majority, was passed as amended. The following resolution was read and adopted: HR 1471. By Representatives Skipper of the 116th and Buck of the 112th: 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 March 4, 2004, through March 15, 2004, shall be as follows: Thursday, March 4..............................in session for legislative day 29 Friday, March 5...................................in adjournment Saturday, March 6...............................in adjournment Sunday, March 7 .................................in adjournment Monday, March 8................................in adjournment Tuesday, March 9 ...............................in session for legislative day 30 Wednesday, March 10 ........................in adjournment Thursday, March 11............................in adjournment Friday, March 12.................................in session for legislative day 31 Saturday, March 13.............................in adjournment Sunday, March 14 ...............................in adjournment Monday, March 15..............................in session for legislative day 32 BE IT FURTHER RESOLVED that on and after March 15, 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 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. The Calendar was resumed. 1212 THURSDAY, MARCH 4, 2004 1207 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour E Blitch Y Bowen Brown Y Brush Y Bulloch Y Butler E Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 0. SB 492, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: 1213 1208 JOURNAL OF THE SENATE Mr. President: The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House: HB 1180. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th: A BILL to amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; and for other purposes. The Speaker has appointed on the part of the House, Representatives Buck of the 112th, Smyre of the 111th, and Parrish of the 102nd. The following bill was taken up to consider House action thereto: HB 1180. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th: A BILL to amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; and for other purposes. Senator Hill of the 4th asked unanimous consent that the Senate adhere to its substitute to HB 1180 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Hill of the 4th, Williams of the 19th and Cheeks of the 23rd. Senator Johnson of the 1st moved that the Senate stand in recess until 5:00 p.m. and pursuant to HR 1471, stand adjourned until 10:00 a.m., Tuesday, March 9, 2004. The President announced the motion prevailed at 1:36 p.m. The Senate adjourned at 5:00 p.m. 1214 TUESDAY, MARCH 9, 2004 1209 Senate Chamber, Atlanta, Georgia Tuesday, March 9, 2004 Thirtieth 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 158. By Representatives Day of the 126th and Stephens of the 123rd: A BILL to amend Code Section 3-2-30 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, so as to provide that certain special agents and enforcement officers of said department who leave such department as a result of a disability arising in the line of duty may retain their weapons and badges upon leaving the department; to amend Code Section 27-1-16 of the Official Code of Georgia Annotated, relating to the establishment of a unit of conservation rangers within the Department of Natural Resources; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies; to amend Code Section 48-11-19 of the Official Code of Georgia Annotated; and for other purposes. HB 234. By Representative Jamieson of the 22nd: A BILL to amend Code Section 47-14-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits, additional or partial benefits, and election to provide both retirement and survivors benefits under the Superior Court Clerks' Retirement Fund, so as to provide 1215 1210 JOURNAL OF THE SENATE that in the event a covered spouse predeceases a member who has elected survivors benefits, the benefit level shall be the same as if the member had not elected such benefits; and for other purposes. HB 394. By Representatives Mosley of the 129th, Post 1, Oliver of the 121st, Post 2, Smith of the 129th, Post 2, Smith of the 13th, Post 2, Greene of the 134th and others: A BILL to amend Code Section 47-2-99 of the Official Code of Georgia Annotated, relating to the applicability of creditable service in the Employees' Retirement System of Georgia for persons employed in a temporary full-time position, so as to provide that credit may be granted for service covered by Chapter 22 of Title 47, the Georgia Defined Contribution Plan; and for other purposes. HB 1036. By Representative Jenkins of the 93rd: A BILL to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, and spouses' benefits under the Superior Court Clerks' Retirement Fund, so as to provide for retirement benefits after eight years of service; to provide for the calculation of service creditable for retirement; to provide for spouses' benefits; and for other purposes. HB 1138. By Representatives Smith of the 13th, Post 2, Greene of the 134th, Smith of the 110th and Benfield of the 56th, Post 1: A BILL to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions for offenses against public health and morals, so as to provide for the crime of smoking in a motor vehicle on a state highway, county road, or municipal street or on private property while a child is restrained in a child passenger restraining system; and for other purposes. HB 1160. By Representatives Powell of the 23rd, Greene of the 134th, Parham of the 94th, O`Neal of the 117th, Teper of the 42nd, Post 1 and others: A BILL to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to create a new offense for tampering or interfering with electronic monitoring devices; and for other purposes. 1216 TUESDAY, MARCH 9, 2004 1211 HB 1161. By Representatives Powell of the 23rd, Greene of the 134th, DeLoach of the 127th, Parham of the 94th, Teper of the 42nd, Post 1 and others: A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, and Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for comprehensive provisions regarding management of probationers; to change certain provisions regarding suspension or probation of sentence; to change certain provisions regarding documents required to be part of a sentence package; to change certain provisions regarding the continuing jurisdiction of a sentencing judge over a probationer; and for other purposes. HB 1265. By Representative Childers of the 13th, Post 1: A BILL to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to change certain provisions relating to practicing medicine without a license; to provide for the issuance of temporary postgraduate training permits; and for other purposes. HB 1272. By Representatives Barnard of the 121st, Post 1, DeLoach of the 127th, Stephens of the 123rd, Lane of the 101st, Keen of the 146th and others: A BILL to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Lottery for Education, so as to provide for the establishment of a financial account known as the Georgia Peach Account; and for other purposes. HB 1285. By Representatives Randall of the 107th, Manning of the 32nd, Lucas of the 105th, Keen of the 146th and Hugley of the 113th: A BILL to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to create a new offense relative to using a minor's social security number to establish a utility or other credit account; and for other purposes. HB 1379. By Representatives Dodson of the 84th, Post 1, Jamieson of the 22nd and Rogers of the 15th: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide title protection to specific titles within the profession of industrial hygiene; to prohibit certain persons from representing themselves to the public as certified industrial 1217 1212 JOURNAL OF THE SENATE hygienists, industrial hygienists in training, industrial hygienists, construction health and safety technologists, or occupational health and safety technologists; and for other purposes. HB 1394. By Representatives Harbin of the 80th, Powell of the 23rd, McBee of the 74th, Heard of the 75th and DeLoach of the 127th: A BILL to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide that students, teachers, or other persons who serve as athletic trainers for a public or private elementary school or high school in this state must be licensed as an athletic trainer; to provide an exception for a student-trainer, assistanttrainer, or similar person who functions under the advice, consent, and supervision of a physician or a licensed athletic trainer; and for other purposes. HB 1408. By Representatives Watson of the 60th, Post 2, Richardson of the 26th, Porter of the 119th, Burkhalter of the 36th, Royal of the 140th and others: A BILL to amend Chapter 15 of Title 12 of the Official Code of Georgia Annotated, relating to sewage holding tanks, so as to provide for regulation of removal, transport, and disposal of certain waste removed from grease interceptors, sand traps, oil-water separators, or grit traps that are not connected to on-site sewage management systems; and for other purposes. HB 1496. By Representatives Smith of the 129th, Post 2, Bordeaux of the 125th, Mosley of the 129th, Post 1, Ehrhart of the 28th and Watson of the 60th, Post 2: A BILL to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for the revision of provisions regarding the sale or dispensing of contact lenses; to provide that contact lenses may be sold or dispensed in this state only by licensed providers; and for other purposes. HB 1529. By Representatives O`Neal of the 117th, Burkhalter of the 36th, Parrish of the 102nd, Stephens of the 124th, Post 2 and Morris of the 120th: A BILL to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," Title 12 of the Official Code of Georgia Annotated, 1218 TUESDAY, MARCH 9, 2004 1213 Code Section 20-3-84 of the Official Code of Georgia Annotated, Article 6 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, Chapter 7 of Title 45 of the Official Code of Georgia Annotated, Title 48 of the Official Code of Georgia Annotated, Code Section 49-5-241 of the Official Code of Georgia Annotated, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the name of the Department of Industry, Trade, and Tourism to the Department of Economic Development; to change the name of the Board of Industry, Trade, and Tourism to the Board of Economic Development; and for other purposes. HB 1582. By Representatives Martin of the 37th and Greene of the 134th: A BILL to amend Code Section 50-16-18 of the Official Code of Georgia Annotated, relating to writing off small amounts due to the state, so as to provide that the Department of Technical and Adult Education may write off amounts up to $3,000.00; and for other purposes. HB 1659. By Representatives Wix of the 33rd, Post 1, Ehrhart of the 28th, Manning of the 32nd, Teilhet of the 34th, Post 2, Golick of the 34th, Post 3 and others: A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court; and for other purposes. HB 1660. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Heckstall of the 48th, Post 3, Fludd of the 48th, Post 4 and others: A BILL to amend an Act creating the State Court of Clayton County, so as to provide for the imposition and collection of a fee to be used for fulfilling the technological needs of the state court; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: 1219 1214 JOURNAL OF THE SENATE HR 1349. By Representatives Brock of the 5th, Graves of the 10th, Forster of the 3rd, Post 1 and White of the 3rd, Post 2: A RESOLUTION designating the Rembert Olen McAfee Bridge; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 600. By Senators Kemp of the 3rd and Johnson of the 1st: A BILL to be entitled an Act to provide for a homestead exemption from Liberty County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for a short title; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 601. By Senators Kemp of the 3rd and Johnson of the 1st: A BILL to be entitled an Act to provide for a homestead exemption from Liberty 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 adjusted base year assessed value of such homestead; to provide a short title; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 602. By Senator Smith of the 25th: A BILL to be entitled an Act to amend Code Section 16-13-32.6 of the Official Code of Georgia Annotated, relating to drug-free commercial zones and punishment of unlawful conduct therein, so as to adopt and incorporate the drug-free commercial zone adopted by the City of Madison on February 9, 2004, and registered with the Department of Community Affairs; to provide for 1220 TUESDAY, MARCH 9, 2004 1215 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 603. By Senators Cagle of the 49th, Thompson of the 33rd and Bowen of the 13th: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for photographic speed-monitoring systems; to provide for definitions and operating requirements relative to such photographic speed-monitoring systems; to provide for a civil monetary penalty for violations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety and Homeland Security Committee. SB 604. By Senators Thomas of the 54th, Levetan of the 40th, Mullis of the 53rd and Price of the 56th: A BILL to be entitled an Act to amend Article 5 of Chapter 9 of Title 45 of the O.C.G.A., relating to insuring and indemnifying law enforcement officers, firefighters, prison guards, and publicly employed emergency medical technicians, so as to define certain terms; to provide that any emergency rescue or public safety worker who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty unless the contrary is shown by competent evidence; to provide for a verification that certain health related activities did not take place; to provide for immunizations; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 605. By Senators Seabaugh of the 28th, Unterman of the 45th and Zamarripa of the 36th: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the incorporation of villages; to change certain provisions regarding incorporation of municipalities; to provide for definitions; to provide for procedures, conditions, 1221 1216 JOURNAL OF THE SENATE and limitations; to provide for applicability of certain definitions regarding municipal corporations; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 606. By Senator Hudgens of the 47th: 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 prohibit the sale or distribution of prepaid adult entertainment cards to persons under the age of 18 years; to provide for definitions; to provide for penalties; to provide for a civil cause of action and damages; to provide for a statute of limitations for the civil cause of action; to provide for seizure and destruction of prepaid adult entertainment cards; 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 607. By Senator Tanksley of the 32nd: A BILL to be entitled an Act to amend Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to defenses to a tort action, so as to allow public safety employees to bring a civil action for injuries received under certain circumstances; to provide for definitions; 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 608. By Senator Shafer of the 48th: A BILL to be entitled an Act to amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to provide for the use of national standards for quality certification in the grant, maintenance, denial, or revocation of certificates of authority to health maintenance organizations; to provide for related matters; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. 1222 TUESDAY, MARCH 9, 2004 1217 SB 609. By Senator Butler of the 55th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to equipment, generally, so as to provide that it shall be unlawful to operate certain vehicles in the left lane of a public road or highway having four or more lanes; to repeal conflicting laws; and for other purposes. Referred to the Public Safety and Homeland Security Committee. SB 610. By Senators Zamarripa of the 36th, Levetan of the 40th, Price of the 56th, Tanksley of the 32nd and Moody of the 27th: A BILL to be entitled an Act to provide for a homestead exemption from Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 611. By Senators Zamarripa of the 36th and Levetan of the 40th: A BILL to be entitled an Act to provide for a homestead exemption from Fulton County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 612. By Senators Zamarripa of the 36th, Levetan of the 40th and Adelman of the 42nd: A BILL to be entitled an Act to provide for a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; 1223 1218 JOURNAL OF THE SENATE to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 613. By Senators Zamarripa of the 36th, Levetan of the 40th, Adelman of the 42nd and Tanksley of the 32nd: A BILL to be entitled an Act to provide for a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 614. By Senators Thompson of the 33rd, Meyer von Bremen of the 12th and Hooks of the 14th: A BILL to be entitled an Act to amend Article 9 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the Flint River Drought Protection Act, so as to prohibit a moratorium on the issuance of ground water withdrawal permits for farm uses within the affected area; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 615. By Senator Starr of the 44th: A BILL to be entitled an Act to provide a homestead exemption from City of Forest Park ad valorem taxes for municipal purposes; to provide that the amount of such exemption shall be $50,000.00 of the assessed value of the homestead in 2004, $100,000.00 of the assessed value of the homestead in 2005, and $150,000.00 of the assessed value of the homestead in 2006 and subsequent years; to provide that such exemptions shall be available to all residents of the city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for 1224 TUESDAY, MARCH 9, 2004 1219 applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SR 871. By Senator Adelman of the 42nd: A RESOLUTION creating the Joint Study Committee on the Health Effects of Pesticides on Children and Safe and Effective Alternatives to Pesticides; and for other purposes. Referred to the Health and Human Services Committee. SR 874. By Senators Mullis of the 53rd, Seabaugh of the 28th, Smith of the 52nd, Meyer von Bremen of the 12th and Hall of the 22nd: A RESOLUTION urging the United States Congress to establish a domestic energy policy that will ensure an adequate supply of energy and the appropriate infrastructure; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 876. 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. Senator Smith of the 25th gave notice that at the proper time she would ask that SR 876 be engrossed. SR 877. By Senator Cagle of the 49th: A RESOLUTION encouraging the effective teaching of American history and government in the context of western civilization; and for other purposes. Referred to the Education Committee. SR 878. By Senators Zamarripa of the 36th and Stephens of the 51st: A RESOLUTION urging the Department of Natural Resources and other agencies to examine and propose a hiking trail in Gilmer County to be named 1225 1220 JOURNAL OF THE SENATE for President Jimmy Carter; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 879. By Senator Squires of the 5th: A RESOLUTION proposing an amendment to the Constitution so as to declare the availability of affordable and quality health care for working people as a goal of the state and provide for certain employer tax incentives for that purpose; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Insurance and Labor Committee. SR 882. By Senators Thompson of the 33rd, Meyer von Bremen of the 12th and Hooks of the 14th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the protection and preservation of agriculture and the right to farm shall be a primary responsibility of the State of Georgia and that agriculture and the right to farm shall be protected from unreasonable regulation, excessive taxation, and developmental encroachment; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Rules Committee. SR 883. By Senator Cheeks of the 23rd: A RESOLUTION requesting the Georgia Department of Transportation to reinstate the name of the "T. Watson Mobley Bridge" in Burke County; and for other purposes. Senator Cheeks of the 23rd gave notice that at the proper time he would ask that SR 883 be engrossed. The following House legislation was read the first time and referred to committee: HB 158. By Representatives Day of the 126th and Stephens of the 123rd: A BILL to amend Code Section 3-2-30 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, so as to provide that certain special agents and enforcement officers of said department who leave such department 1226 TUESDAY, MARCH 9, 2004 1221 as a result of a disability arising in the line of duty may retain their weapons and badges upon leaving the department; to amend Code Section 27-1-16 of the Official Code of Georgia Annotated, relating to the establishment of a unit of conservation rangers within the Department of Natural Resources; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies; to amend Code Section 48-11-19 of the Official Code of Georgia Annotated; and for other purposes. Referred to the Public Safety and Homeland Security Committee. HB 234. By Representative Jamieson of the 22nd: A BILL to amend Code Section 47-14-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits, additional or partial benefits, and election to provide both retirement and survivors benefits under the Superior Court Clerks' Retirement Fund, so as to provide that in the event a covered spouse predeceases a member who has elected survivors benefits, the benefit level shall be the same as if the member had not elected such benefits; and for other purposes. Referred to the Retirement Committee. HB 394. By Representatives Mosley of the 129th, Post 1, Oliver of the 121st, Post 2, Smith of the 129th, Post 2, Smith of the 13th, Post 2, Greene of the 134th and others: A BILL to amend Code Section 47-2-99 of the Official Code of Georgia Annotated, relating to the applicability of creditable service in the Employees' Retirement System of Georgia for persons employed in a temporary full-time position, so as to provide that credit may be granted for service covered by Chapter 22 of Title 47, the Georgia Defined Contribution Plan; and for other purposes. Referred to the Retirement Committee. HB 1036. By Representative Jenkins of the 93rd: A BILL to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, and spouses' benefits under the Superior Court Clerks' Retirement Fund, so as to 1227 1222 JOURNAL OF THE SENATE provide for retirement benefits after eight years of service; to provide for the calculation of service creditable for retirement; to provide for spouses' benefits; and for other purposes. Referred to the Retirement Committee. HB 1138. By Representatives Smith of the 13th, Post 2, Greene of the 134th, Smith of the 110th and Benfield of the 56th, Post 1: A BILL to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions for offenses against public health and morals, so as to provide for the crime of smoking in a motor vehicle on a state highway, county road, or municipal street or on private property while a child is restrained in a child passenger restraining system; and for other purposes. Referred to the Transportation Committee. HB 1160. By Representatives Powell of the 23rd, Greene of the 134th, Parham of the 94th, O`Neal of the 117th, Teper of the 42nd, Post 1 and others: A BILL to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to create a new offense for tampering or interfering with electronic monitoring devices; and for other purposes. Referred to the Public Safety and Homeland Security Committee. HB 1161. By Representatives Powell of the 23rd, Greene of the 134th, DeLoach of the 127th, Parham of the 94th, Teper of the 42nd, Post 1 and others: A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, and Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for comprehensive provisions regarding management of probationers; to change certain provisions regarding suspension or probation of sentence; to change certain provisions regarding documents required to be part of a sentence package; to change certain provisions regarding the continuing jurisdiction of a sentencing judge over a probationer; and for other purposes. Referred to the Public Safety and Homeland Security Committee. 1228 TUESDAY, MARCH 9, 2004 1223 HB 1265. By Representative Childers of the 13th, Post 1: A BILL to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to change certain provisions relating to practicing medicine without a license; to provide for the issuance of temporary postgraduate training permits; and for other purposes. Referred to the Health and Human Services Committee. HB 1272. By Representatives Barnard of the 121st, Post 1, DeLoach of the 127th, Stephens of the 123rd, Lane of the 101st, Keen of the 146th and others: A BILL to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Lottery for Education, so as to provide for the establishment of a financial account known as the Georgia Peach Account; and for other purposes. Referred to the Economic Development and Tourism Committee. HB 1285. By Representatives Randall of the 107th, Manning of the 32nd, Lucas of the 105th, Keen of the 146th and Hugley of the 113th: A BILL to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to create a new offense relative to using a minor's social security number to establish a utility or other credit account; and for other purposes. Referred to the Special Judiciary Committee. HB 1379. By Representatives Dodson of the 84th, Post 1, Jamieson of the 22nd and Rogers of the 15th: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide title protection to specific titles within the profession of industrial hygiene; to prohibit certain persons from representing themselves to the public as certified industrial hygienists, industrial hygienists in training, industrial hygienists, construction health and safety technologists, or occupational health and safety technologists; and for other purposes. Referred to the Regulated Industries and Utilities Committee. 1229 1224 JOURNAL OF THE SENATE HB 1394. By Representatives Harbin of the 80th, Powell of the 23rd, McBee of the 74th, Heard of the 75th and DeLoach of the 127th: A BILL to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide that students, teachers, or other persons who serve as athletic trainers for a public or private elementary school or high school in this state must be licensed as an athletic trainer; to provide an exception for a student-trainer, assistant-trainer, or similar person who functions under the advice, consent, and supervision of a physician or a licensed athletic trainer; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1408. By Representatives Watson of the 60th, Post 2, Richardson of the 26th, Porter of the 119th, Burkhalter of the 36th, Royal of the 140th and others: A BILL to amend Chapter 15 of Title 12 of the Official Code of Georgia Annotated, relating to sewage holding tanks, so as to provide for regulation of removal, transport, and disposal of certain waste removed from grease interceptors, sand traps, oil-water separators, or grit traps that are not connected to on-site sewage management systems; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 1496. By Representatives Smith of the 129th, Post 2, Bordeaux of the 125th, Mosley of the 129th, Post 1, Ehrhart of the 28th and Watson of the 60th, Post 2: A BILL to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for the revision of provisions regarding the sale or dispensing of contact lenses; to provide that contact lenses may be sold or dispensed in this state only by licensed providers; and for other purposes. Referred to the Health and Human Services Committee. HB 1529. By Representatives O`Neal of the 117th, Burkhalter of the 36th, Parrish of the 102nd, Stephens of the 124th, Post 2 and Morris of the 120th: A BILL to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," Title 12 of the Official Code of Georgia Annotated, 1230 TUESDAY, MARCH 9, 2004 1225 Code Section 20-3-84 of the Official Code of Georgia Annotated, Article 6 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, Chapter 7 of Title 45 of the Official Code of Georgia Annotated, Title 48 of the Official Code of Georgia Annotated, Code Section 49-5-241 of the Official Code of Georgia Annotated, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the name of the Department of Industry, Trade, and Tourism to the Department of Economic Development; to change the name of the Board of Industry, Trade, and Tourism to the Board of Economic Development; and for other purposes. Referred to the Economic Development and Tourism Committee. HB 1582. By Representatives Martin of the 37th and Greene of the 134th: A BILL to amend Code Section 50-16-18 of the Official Code of Georgia Annotated, relating to writing off small amounts due to the state, so as to provide that the Department of Technical and Adult Education may write off amounts up to $3,000.00; and for other purposes. Referred to the Higher Education Committee. HB 1659. By Representatives Wix of the 33rd, Post 1, Ehrhart of the 28th, Manning of the 32nd, Teilhet of the 34th, Post 2, Golick of the 34th, Post 3 and others: A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1660. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Heckstall of the 48th, Post 3, Fludd of the 48th, Post 4 and others: A BILL to amend an Act creating the State Court of Clayton County, so as to provide for the imposition and collection of a fee to be used for fulfilling the technological needs of the state court; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1231 1226 JOURNAL OF THE SENATE HR 1349. By Representatives Brock of the 5th, Graves of the 10th, Forster of the 3rd, Post 1 and White of the 3rd, Post 2: A RESOLUTION designating the Rembert Olen McAfee Bridge; and for other purposes. Referred to the Transportation Committee. The following committee reports were read by the Secretary: Mr. President: The Children and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 546 Do Pass Respectfully submitted, Senator Collins of the 6th District, Chairman Mr. President: The Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 392 SB 579 Do Pass as amended Do Pass as amended Respectfully submitted, Senator Brush of the 24th District, Chairman Mr. President: The Ethics Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 451 SB 517 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Crotts of the 17th District, Chairman Mr. President: The Higher Education Committee has had under consideration the following legislation 1232 TUESDAY, MARCH 9, 2004 1227 and has instructed me to report the same back to the Senate with the following recommendation: SB 471 Do Pass by substitute Respectfully submitted, Senator Hamrick of the 30th District, Chairman Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 502 HB 1441 HB 1519 Do Pass by substitute Do Pass by substitute Do Pass SB 414 SB 594 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: SB 588 SR 321 SR 442 SR 461 Do Pass Do Pass as amended Do Pass as amended Do Pass as amended SR 632 SR 675 SR 827 Do Pass Do Pass Do Pass as amended Respectfully submitted, Senator Balfour of the 9th District, Chairman Mr. President: The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1162 HB 1455 SB 263 Do Pass Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Kemp of the 3rd District, Chairman 1233 1228 JOURNAL OF THE SENATE Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1084 Do Pass HB 1439 Do Pass HB 1440 Do Pass SR 863 Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The State Institutions and Property Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 340 HB 365 Do Pass Do Pass Respectfully submitted, Senator Thomas of the 2nd District, Chairman The following legislation was read the second time: HB 480 HB 618 HB 736 HB 753 HB 986 HB 987 HB 1055 HB 1089 HB 1101 HB 1137 HB 1177 HB 1234 HB 1243 HB 1263 HB 1282 HB 1311 HB 1390 HB 1445 HB 1459 HB 1549 SB 445 SB 453 SB 458 SB 495 SB 528 SB 550 SB 554 SB 560 SB 564 SR 822 SR 858 Senator Mullis of the 53rd asked unanimous consent that Senator Price of the 56th be excused. The consent was granted, and Senator Price was excused. Senator Tolleson of the 18th asked unanimous consent that Senator Stephens of the 51st be excused. The consent was granted, and Senator Stephens 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: 1234 TUESDAY, MARCH 9, 2004 1229 Adelman Balfour Blitch Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Collins Crotts Dean Gillis Golden Hall Hamrick Harbison Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Lamutt Lee Levetan Me V Bremen Moody Mullis Reed Seabaugh Seay Shafer Smith,F Smith,P Squires Starr Stokes Tanksley Tate Thomas,D Thomas,R Thompson Tolleson Unterman Williams Zamarripa Not answering were Senators: Fort Stephens (Excused) Kemp, R (Excused) Thomas, N Price (Excused) The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Fort Thomas, N The members pledged allegiance to the flag. Senator Brush of the 24th introduced the chaplain of the day, Reverend Tim Custer of Evans, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 867. By Senator Thomas of the 2nd: A RESOLUTION commending the Promised Land Farm and recognizing the 2004 Collard Green Festival and the first ever Collard Green Festival Parade; and for other purposes. 1235 1230 JOURNAL OF THE SENATE SR 868. By Senators Cagle of the 49th, Hudgens of the 47th, Cheeks of the 23rd and Thomas of the 54th: A RESOLUTION honoring crisis pregnancy centers in Georgia and the dedicated individuals who support them; and for other purposes. SR 870. By Senators Shafer of the 48th, Thomas of the 54th, Price of the 56th, Hooks of the 14th and Bulloch of the 11th: A RESOLUTION commending the American Red Cross and proclaiming March, 2004, American Red Cross Month; and for other purposes. Senator Shafer of the 48th introduced members of the American Red Cross, commended by SR 870. Tim English addressed the Senate briefly. SR 872. By Senators Collins of the 6th, Lamutt of the 21st, Tanksley of the 32nd, Clay of the 37th and Price of the 56th: A RESOLUTION honoring the fiftieth anniversary of the first flight of the Lockheed Martin C-130 Hercules and declaring 2004 the "Year of the Hercules"; and for other purposes. SR 873. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Brandon Wigley; and for other purposes. SR 875. By Senators Collins of the 6th, Price of the 56th, Lamutt of the 21st, Tanksley of the 32nd and Clay of the 37th: A RESOLUTION honoring the fiftieth anniversary of the first flight of the Lockheed Martin C-130 Hercules and declaring 2004 the "Year of the Hercules"; and for other purposes. SR 880. By Senator Squires of the 5th: A RESOLUTION commending the Maxwell High School of Technology and recognizing its participation in the National Clearinghouse for Career Pathways; and for other purposes. SR 881. By Senator Squires of the 5th: A RESOLUTION commending Joseph B. Smith; and for other purposes. 1236 TUESDAY, MARCH 9, 2004 1231 The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday, March 9, 2004 Thirtieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage: HB 1084 Cagle of the 49th Jackson of the 50th LUMPKIN COUNTY 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. HB 1439 Mullis of the 53rd CATOOSA COUNTY A BILL to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, so as to increase the clerical help allowance of the clerk of the Superior Court of Catoosa County; and for other purposes. HB 1440 Mullis of the 53rd CATOOSA COUNTY A BILL to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the clerical allowance for the tax commissioner; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. 1237 1232 JOURNAL OF THE SENATE On the passage of the legislation, 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 Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Harp Y Henson Y Hill Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Lee Y Levetan Y Me V Bremen Y Moody Y Mullis E Price Y Reed Y Seabaugh Y Seay Shafer Y Smith,F Y Smith,P Y Squires Y Starr E Stephens Y Stokes Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the local legislation, the yeas were 46, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The time having arrived for the motion, Senator Smith of the 25th asked unanimous consent that the following resolution be engrossed: SR 876. 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. The consent was granted and SR 876 was engrossed. The President referred SR 876 to the Transportation Committee. The time having arrived for the motion, Senator Cheeks of the 23rd asked unanimous consent that the following resolution be engrossed: 1238 TUESDAY, MARCH 9, 2004 1233 SR 883. By Senator Cheeks of the 23rd: A RESOLUTION requesting the Georgia Department of Transportation to reinstate the name of the "T. Watson Mobley Bridge" in Burke County; and for other purposes. The consent was granted and SR 883 was engrossed. The President referred SR 883 to the Transportation Committee. SENATE RULES CALENDAR TUESDAY, MARCH 9, 2004 THIRTIETH LEGISLATIVE DAY SB 297 SB 512 SB 514 SB 515 SR 829 SR 802 SB 542 SB 424 SR 786 Offense of fleeing or attempting to elude a police officer; penalties (Substitute)(JUDY-28th) Alternate indigent delivery systems; requirements; change provisions (JUDY-9th) General obligation bonds; authorize issuance bearing interest at variable rate (Substitute)(FIN-49th) Bonds; issuance of cap; definitions; Ga. State Finance/Investment Commission (Substitute)(FIN-49th) Designate; Billy Jiles Memorial Highway; Carroll/Coweta County (TRANS-30th) (ENGROSSED) CA; Special License Plates; promote organ/tissue donation organizations (PS&HS-50th) License Plates, special; promote organ/tissue donation organizations (Amendment)(PS&HS-50th) Attorney General; prosecution of sentenced persons; general provisions (S JUDY-42nd) Ten Commandments and acknowledgment of God; encouraging display (RULES-53rd) 1239 1234 JOURNAL OF THE SENATE SB 551 Georgia Massage Therapy Practice Act; add new chapter; regulation, licensure (Amendment)(H&HS-45th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 297. By Senators Seabaugh of the 28th, Hamrick of the 30th, Mullis of the 53rd and Smith of the 52nd: A BILL to be entitled an Act to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer and impersonating a law enforcement officer, so as to provide that the offense of fleeing or attempting to elude a police officer shall be a felony; to change the provisions relating to penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 297: A BILL TO BE ENTITLED AN ACT To amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer and impersonating a law enforcement officer, so as to change certain provisions relating to penalties for violations of said Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer and impersonating a law enforcement officer, is amended by striking subparagraph (A) of paragraph (5) of said Code section and inserting in its place the following: "(5)(A) Any person violating the provisions of subsection (a) of this Code section who, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for a felony any offense other than a violation of this chapter, operates his or her vehicle in excess of 30 miles an hour above the posted speed limit, strikes or collides with another vehicle or a pedestrian, operates his or her vehicle in such a manner that a pursuing police officer in a police vehicle must strike or collide with his or her vehicle in order to stop it, flees in traffic conditions 1240 TUESDAY, MARCH 9, 2004 1235 which place the general public at risk of receiving serious injuries, or leaves the state shall be guilty of a felony punishable by a fine of $5,000.00 and or imprisonment for not less than one year nor more than five years or both." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 42, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Blitch Y Bowen N Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis E Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr E Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Zamarripa On the passage of the bill, the yeas were 49, nays 1. SB 297, having received the requisite constitutional majority, was passed by substitute. SB 512. By Senator Balfour of the 9th: A BILL to be entitled an Act to amend Code Section 17-12-36 of the Official Code of Georgia Annotated, relating to establishment of alternate indigent 1241 1236 JOURNAL OF THE SENATE defense delivery systems, so as to change certain provisions regarding requirements of such alternate delivery systems; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis E Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr E Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Zamarripa On the passage of the bill, the yeas were 53, nays 0. SB 512, having received the requisite constitutional majority, was passed. SB 514. By Senators Cagle of the 49th, Starr of the 44th and Lee of the 29th: A BILL to be entitled an Act to amend Code Section 50-17-23 of the Official Code of Georgia Annotated, relating to general obligation and guaranteed revenue debts, so as to authorize the issuance of general obligation bonds bearing interest at variable rates; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 1242 TUESDAY, MARCH 9, 2004 1237 The Senate Finance Committee offered the following substitute to SB 514: A BILL TO BE ENTITLED AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to authorize the issuance of commercial paper; to authorize the issuance of general obligation bonds bearing interest at variable rates; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new article at the end of Chapter 82, relating to bonds, to be designated Article 10, to read as follows: "ARTICLE 10 36-82-240. As used in this article, the term: (1) 'Governing body' means the board, commission, council, or other local legislative body of governmental entity. (2) 'Governmental entity' means any school district, independent school system, county, municipal corporation, consolidated city-county government, or other political subdivision of the state, any local authority, local body corporate, or local public corporation created by or pursuant to the Constitution of Georgia or any general, local, or special Act of the General Assembly, or any special district or community improvement district of the state. The term 'governmental entity' does not include 'state authorities' as defined in paragraph (9) of Code Section 50-17-21. 36-82-241. (a) Whenever a governmental entity is authorized by law to issue bonds, notes, or certificates, including but not limited to general obligation bonds, revenue bonds, bond anticipation notes, tax anticipation notes, or revenue anticipation certificates, such governmental entity is authorized to issue such obligation in the form of commercial paper notes. The issuance of commercial paper notes shall be subject to the same restrictions and provisions under the laws of this state which would be applicable to the issuance of the type of bond, note, or certificate in lieu of which the commercial paper 1243 1238 JOURNAL OF THE SENATE notes are being issued. The governing body of any governmental entity may designate the commercial paper notes issued under this article to be in registered form or bearer form and may provide for payment by wire transfers or electronic funds transfer in accordance with the federal Electronic Fund Transfer Act, 15 U.S.C., Section 1693, et seq. The authority granted by this article to issue commercial paper notes shall not be construed to permit the governmental entity to increase or otherwise alter any debt limits. (b) To secure commercial paper notes authorized under this article, a governmental entity may: (1) Pledge its anticipated taxes, grants, other revenue, the proceeds of any bonds, notes, or other permanent financing, or any combination thereof; (2) Segregate any pledged funds in separate accounts that may be held by the governmental entity or third parties; (3) Enter into contracts with third parties to obtain standby lines of credit or other financial commitments designated to provide additional security for commercial paper notes authorized by this article; (4) Establish any reserves deemed necessary for the payment of the commercial paper notes; and (5) Adopt ordinances or resolutions and enter into agreements containing covenants, including covenants to issue bonds, notes, or other permanent financing and provisions for protection and security of the owners of commercial paper notes, which shall constitute enforceable contracts with such owners. (c) Commercial paper notes authorized by this article may be in any form and contain any terms, including provisions for redemption at the option of the owner and provisions for the varying of interest rates in accordance with any index, bankers loan rate, or other standard. (d) The governing body shall adopt an ordinance or resolution finding that issuance of the obligations in the form of commercial paper notes is necessary and desirable, directing the designated officer to arrange for preparation of the requisite number of suitable notes, and specifying other provisions relating to the commercial paper notes including the following: (1) For each program of commercial paper notes authorized, the final date of maturity and the total aggregate principal amount of the commercial paper notes authorized to be outstanding at any one time up to the maturity date. The ordinance or resolution may provide that the commercial paper notes may be issued and renewed from time to time until the final maturity date and that the amount issued from time to time may be set by a designated officer of the governmental entity up to the maximum amount authorized to be outstanding at any one time. The ordinance or resolution shall include methods of setting the dates, numbers, and denominations of the commercial paper notes; (2) The method of setting the interest rates and interest payment dates applicable to the commercial paper notes. Commercial paper notes may bear a stated rate of interest payable only at maturity, which rate or rates may be determined at the time of 1244 TUESDAY, MARCH 9, 2004 1239 sale of each unit of commercial paper notes; (3) The maximum effective rate of interest the commercial paper notes shall bear; (4) The manner of sale; (5) The discount, if any, the governmental entity may allow; (6) Any provisions for the redemption of the commercial paper notes prior to the stated maturity; (7) The technical form and language of the commercial paper notes; and (8) All other terms and conditions of the commercial paper notes and of their execution, issuance, and sale deemed necessary and appropriate by the governing body. (e) The governing body, in the ordinance or resolution authorizing the issuance of commercial paper notes under this article, may delegate to any elected or appointed official or employee of the governmental entity the authority to determine maturity dates, principal amounts, redemption provisions, interest rates, and other terms and conditions of such commercial paper notes that are not appropriately determined at the time of enactment or adoption of the authorizing ordinance or resolution, which delegated authority shall be exercised subject to such parameters, limitations, and criteria as may be set forth in such ordinance or resolution. (f) Any commercial paper notes may be sold at negotiated sale at a price below the par value thereof. (g) For purposes of determining the principal amount of debt outstanding in connection with complying with any limitations on the amount of debt outstanding for a governmental entity, commercial paper notes shall be deemed outstanding at any time during the term of a program of commercial paper notes in an amount equal to the maximum amount authorized in the ordinance or resolution. (h) The renewal and reissuance from time to time of the commercial paper notes pursuant to a commercial paper note program in an amount up to the maximum amount authorized by the ordinance or resolution shall be deemed to be a refunding of the previously maturing amount." SECTION 2. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-17-23, relating to general obligation and guaranteed revenue debts, by adding a new subsection at the end thereof, to be designated subsection (d), to read as follows: "(d) Variable rate debt. (1) As used in this subsection, the term 'variable rate debt' means general obligation debt bearing interest at a variable interest rate. (2) Variable rate debt may be incurred in the following manner: (A) For purposes of calculating the highest annual debt service requirements for variable rate debt, interest may be calculated at the maximum rate of interest that may be payable during any one fiscal year, after taking into account any credits permitted in the related bond resolution, indenture, or other instrument against such 1245 1240 JOURNAL OF THE SENATE amount; (B) Any resolution authorizing general obligation debt which is variable rate debt, in lieu of stating the rate or rates at which such variable rate debt shall bear interest and the price or prices at which such variable rate bonds shall be initially sold or remarketed, in the event of purchase and subsequent resale, may provide that such interest rates and prices may vary from time to time depending on criteria established in the approving resolution, which criteria may include, without limitation, references to indices or variations in interest rates as may, in the judgment of a remarketing agent, be necessary to cause variable rate debt to be remarketable from time to time at a price equal to its principal amount and may provide for the appointment of a bank, trust company, investment bank, or other financial institution to serve as remarketing agent for such purposes. The resolution for any variable rate debt may provide that alternate interest rates or provisions for establishing alternate interest rates, different security or claim priorities, or different call or amortization provisions will apply during such times as the variable rate debts are held by a person providing credit or liquidity enhancement arrangements for such debt as authorized in subparagraph (C) of this paragraph. The resolution may also provide for such variable rate debt to bear interest at rates established pursuant to a process generally known as an auction rate process and may provide for appointment of one or more financial institutions or investment banks to serve as auction agents and broker-dealers in connection with the establishment of such interest rates and sale and remarketing of such debt; (C) In connection with the issuance of any variable rate debt, the state may enter into arrangements to provide additional security and liquidity for such debt, including without limitation, bond or interest rate insurance or letters of credit, bond purchase contracts, or other arrangements whereby funds are available to retire or purchase such variable rate debt, thereby assuring the ability of owners of the variable rate debt to sell or redeem such debt. The state may enter into contracts and may agree to pay fees to persons providing such arrangements, but only under circumstances where the appropriate officer has certified that he or she reasonably expects that the total interest paid or to be paid on the variable rate debt, together with the fees for the arrangements, being treated is if interest, would not, taken together, cause the debt to bear interest, calculated to its stated maturity, at a rate in excess of the rate that the debt would bear in the absence of such arrangements; and (D) The state may enter into qualified interest rate management agreements with respect to any variable rate debt. Net payments for such qualified interest rate management agreements shall constitute interest on the variable rate debt and shall be paid from the same source as payments on the variable rate debt. During the term of any qualified interest rate management agreement, annual debt service requirements of the variable rate debt may be calculated taking into account any amounts to be paid or received pursuant to the terms of such qualified interest rate management agreement." 1246 TUESDAY, MARCH 9, 2004 1241 SECTION 3. Said title is further amended by adding a new article at the end of Chapter 17, relating to state debt, investment, and depositories, to be designated Article 4, to read as follows: "ARTICLE 4 50-17-90. As used in this article, the term: (1) 'Governing body' means, with respect to the state, the Georgia State Financing and Investment Commission, and with respect to a state authority, such authoritys board. (2) 'State authority' shall mean 'state authority' as defined in paragraph (9) of Code Section 50-17-21. 50-17-91. (a) Whenever the state or any state authority is authorized by law to incur bonds, notes, or certificates, including but not limited to general obligation bonds, guaranteed revenue bonds, revenue bonds, bond anticipation notes, tax anticipation notes, or revenue anticipation certificates, the state or state authority is authorized to issue such obligation in the form of commercial paper notes. The issuance of commercial paper notes shall be subject to the same restrictions and provisions under the laws of this state which would be applicable to the issuance of the type of bond, note, or certificate in lieu of which the commercial paper notes are being issued. The state or state authority may designate the commercial paper notes issued under this article to be in registered form or bearer form and may provide for payment by wire transfers or electronic funds transfer in accordance with the federal Electronic Fund Transfer Act, 15 U.S.C., Section 1693, et seq. The authority granted by this article to issue commercial paper notes shall not be construed to permit the state or state authority to increase or otherwise alter any debt limits. (b) To secure commercial paper notes authorized under this article, the state or state authority may: (1) Pledge its anticipated taxes, grants, other revenue, the proceeds of any bonds, notes, or other permanent financing, or any combination thereof; (2) Segregate any pledged funds in separate accounts that may be held by the state, state authority, or third parties; (3) Enter into contracts with third parties to obtain standby lines of credit or other financial commitments designated to provide additional security for commercial paper notes authorized by this article; (4) Establish any reserves deemed necessary for the payment of the commercial paper notes; and (5) Adopt resolutions and enter into agreements containing covenants, including covenants to issue bonds, notes, or other permanent financing and provisions for protection and security of the owners of commercial paper notes, which shall constitute enforceable contracts with such owners. 1247 1242 JOURNAL OF THE SENATE (c) Commercial paper notes authorized by this article may be in any form and contain any terms, including provisions for redemption at the option of the owner and provisions for the varying of interest rates in accordance with any index, bankers loan rate, or other standard. (d) The governing body shall adopt a resolution finding that issuance of the obligations in the form of commercial paper notes is necessary and desirable, directing the designated officer to arrange for preparation of the requisite number of suitable notes, and specifying other provisions relating to the commercial paper notes including the following: (1) For each program of commercial paper notes authorized, the final date of maturity and the total aggregate principal amount of the commercial paper notes authorized to be outstanding at any one time up to the maturity date. The resolution may provide that the commercial paper notes may be issued and renewed from time to time until the final maturity date and that the amount issued from time to time may be set by a designated officer of the governmental entity up to the maximum amount authorized to be outstanding at any one time. The resolution shall include methods of setting the dates, numbers, and denominations of the commercial paper notes; (2) The method of setting the interest rates and interest payment dates applicable to the commercial paper notes. Commercial paper notes may bear a stated rate of interest payable only at maturity, which rate or rates may be determined at the time of sale of each unit of commercial paper notes; (3) The maximum effective rate of interest the commercial paper notes shall bear; (4) The manner of sale: (5) The discount, if any, the state or state authority may allow; (6) Any provisions for the redemption of the commercial paper notes prior to the stated maturity; (7) The technical form and language of the commercial paper notes; and (8) All other terms and conditions of the commercial paper notes and of their execution, issuance, and sale deemed necessary and appropriate by the state or state authority. (e) The governing body, in the resolution authorizing the issuance of commercial paper notes under this article, may delegate to any elected or appointed official of the state or state authority the authority to determine maturity dates, principal amounts, redemption provisions, interest rates, and other terms and conditions of such commercial paper notes that are not appropriately determined at the time of enactment or adoption of the authorizing resolution, which delegated authority shall be exercised subject to such parameters, limitations, and criteria as may be set forth in such resolution. (f) Any commercial paper notes may be sold at negotiated sale at a price below the par value thereof. (g) For purposes of determining the principal amount of debt outstanding in connection with complying with any limitations on the amount of debt outstanding for a governmental entity, commercial paper notes shall be deemed outstanding at any time during the term of a program of commercial paper notes in an amount equal to the 1248 TUESDAY, MARCH 9, 2004 1243 maximum amount authorized in the resolution. (h) The renewal and reissuance from time to time of the commercial paper notes pursuant to a commercial paper note program in an amount up to the maximum amount authorized by the resolution shall be deemed to be a refunding of the previously maturing amount." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 40, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis E Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Y Tolleson Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 52, nays 0. SB 514, having received the requisite constitutional majority, was passed by substitute. 1249 1244 JOURNAL OF THE SENATE SB 515. By Senators Cagle of the 49th, Starr of the 44th and Lee of the 29th: A BILL to be entitled an Act to amend Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state debt, investment, and depositories, so as to provide for the issuance of cap, collar, swap, and other derivative transactions regarding interest rates that hedge interest rate risk with respect to the issuance of certain bonds; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Georgia State Financing and Investment Commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Finance Committee offered the following substitute to SB 515: A BILL TO BE ENTITLED AN ACT To amend Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state debt, investment, and depositories, so as to provide for the entering into of cap, collar, swap, and other derivative transactions regarding interest rates that manage interest rate risk or cost with respect to the issuance of certain bonds; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Georgia State Financing and Investment Commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state debt, investment, and depositories, is amended by adding a new article at the end thereof, to be designated Article 4, to read as follows: "ARTICLE 4 50-17-80. As used in this article, the term: (1) 'Commission' means the Georgia State Financing and Investment Commission as defined in paragraph (1) of Code Section 50-17-21, as amended. (2) 'Counterparty' means the party entering into a qualified interest rate management agreement with the public body. A counterparty must be a bank, insurance company, or other financial institution duly qualified to do business in the state that either: (A) Has, or whose obligations are guaranteed by an entity that has, at the time of entering into a qualified interest rate management agreement and for the entire term 1250 TUESDAY, MARCH 9, 2004 1245 thereof, a long-term unsecured debt rating or financial strength rating in one of the top two ratings categories, without regard to any refinement or gradation of rating category by numerical modifier or otherwise, assigned by any two of the following: Moodys Investors Service, Inc., Standard & Poors Ratings Service, a division of The McGraw-Hill Companies, Inc., Fitch, Inc., or such other nationally recognized ratings service approved by the commission; or (B) Has collateralized its obligations under a qualified interest rate management agreement in a manner approved by the commission. (3) 'Debt' shall include bonds, including, but not limited to, general obligation bonds, guaranteed revenue bonds and revenue bonds, notes, warrants, certificates, or other evidences of indebtedness for borrowed money issued or to be issued by any public body. (4) 'Independent financial adviser' means a person or entity experienced in the financial aspects and risks of interest rate management agreements that is retained by the public body to render advice with respect to a qualified interest rate management agreement and that has been approved by the commission. The independent financial adviser may not be the counterparty or an affiliate or agent of the counterparty on a qualified interest rate management agreement with respect to which the independent financial adviser is advising the public body. (5) 'Interest rate management plan' means a written plan prepared or reviewed by an independent financial adviser with respect to a qualified interest rate management agreement that has been approved by the commission or by a designated officer of the commission. (6) 'Local governmental entity' means any governmental body as defined in Code Section 36-82-61, as amended; provided, however, that such term shall only include authorities which are local public authorities included in the definition thereof set forth in subsection (c) of Code Section 36-82-61. (7) 'Public body' means the state, any state authority, or any local governmental entity. (8) 'Qualified interest rate management agreement' means an agreement, including a confirmation evidencing a transaction effected under a master agreement, entered into by the public body in accordance with, and fulfilling the requirements of, Code Section 50-17-81 which agreement in the judgment of the public body is designed to manage interest rate risk or interest cost of the public body on any debt the public body is authorized to incur, including, but not limited to, interest rate swaps or exchange agreements, interest rate caps, collars, corridors, ceiling, floor, and lock agreements, forward agreements, float agreements, swaptions, warrants, and other interest rate agreements which, in the judgment of the public body, will assist the public body in managing the interest rate risk or interest cost of the state, authority, or governmental body. (9) 'State authority' means any state authority as defined in paragraph (9) of Code Section 50-17-21, as amended. 50-17-81. 1251 1246 JOURNAL OF THE SENATE (a) The commission is authorized to and shall establish guidelines, rules, or regulations with respect to the procedures for approving interest rate management plans and with respect to any requirements for qualified interest rate management agreements. Such guidelines, rules, and regulations shall not constitute a rule within the meaning of Chapter 13 of this title, the 'Georgia Administrative Procedure Act,' including, without limitation, the term 'rule' as defined in paragraph (6) of Code Section 50-13-2 and used in Code Section 50-13-4. (b) With respect to all or any portion of any debt, either issued or anticipated to be issued by the public body, the public body may enter into, terminate, amend, or otherwise modify a qualified interest rate management agreement under such terms and conditions as the public body may determine, including, without limitation, provisions permitting the public body to pay to or receive from any person or entity any loss of benefits under such agreement upon early termination thereof or default under such agreement. 50-17-82. Prior to executing and delivering any qualified interest rate management agreement, the public body shall adopt an interest rate management plan that includes: (1) A schedule listing the amount of debt outstanding for each outstanding debt issue of the public body and the expected annual debt service on that debt. In the case of variable rate debt, the schedule shall set forth the estimated annual debt service thereon and annual debt service on the debt calculated at the maximum rate specified for the variable rate debt. (2) A schedule listing the notional amount outstanding of each previously executed qualified interest rate management agreement which is then in effect. (3) An analysis of the interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks to the public body entering into qualified interest rate management agreements. (4) The public bodys procedure for approving and executing interest rate management agreements. (5) The public bodys plan to monitor interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks. The schedule shall include the valuation of the market or termination value of all outstanding qualified interest rate management agreements. (6) Such other provisions as may from time to time be required by the commission. 50-17-83. (a) Each qualified interest rate management agreement shall meet the following requirements: (1) Subject to subsection (b) of this Code section, the maximum term, including any renewal periods, of any qualified interest rate management agreement may not exceed ten years unless such longer term has been approved by the commission, in the case of a qualified interest rate management agreement entered into by a public body 1252 TUESDAY, MARCH 9, 2004 1247 other than a local governmental entity, or by the governing body of any local governmental entity in the case of a qualified interest rate management agreement entered into by that local governmental entity; provided, however, that in no case may the term of the qualified interest rate management agreement exceed the latest maturity date of the bonds, notes, or debt referenced in the qualified interest rate management agreement. (2) The public body must award a qualified interest rate management agreement to a counterparty meeting the requirements set forth in paragraph (2) of Code Section 5017-80. (3) Prior to the execution and delivery by the public body of a qualified interest rate management agreement, the commission shall issue a report finding that the interest rate management plan is in compliance with the guidelines, rules, and regulations promulgated by the commission under this article. (4) Unless otherwise approved in writing by the commission, any qualified interest rate management agreement shall be payable only in the currency of the United States of America. (5) Unless otherwise approved in writing by the commission, the notional amount of any qualified interest rate management agreement shall not exceed the outstanding principal amount of the debt to which such agreement relates. (b) A qualified interest rate management agreement may provide that it shall terminate absolutely at the close of the fiscal year in which it was executed and at the close of each succeeding fiscal year for which it may be renewed and may also provide for automatic renewal unless positive action is taken by the public body to terminate such contract, and the nature of such action shall be determined by the public body and specified in the contract. No interest rate management agreement which includes the termination and renewal provisions permitted by this subsection shall be deemed to create a debt of the public body for the payment of any sum beyond the calendar year of execution or, in the event of a renewal, beyond the calendar year of such renewal. (c)(1) Any interest rate management agreement of a state authority or local governmental entity may provide that it is an unconditional, limited recourse obligation of such state authority or local governmental entity payable from a specified revenue source. (2) A state authority or local governmental entity may, in any interest rate management agreement that constitutes a limited recourse obligation of the state authority or local governmental entity, pledge to the punctual payment of amounts due under the interest rate management agreement revenues from a specified revenue source, which shall not include any taxes, including, without limitation, collateral derived from such revenue source or proceeds of the debt, including debt for future delivery, to which such interest rate management agreement relates. (d) An interest rate management agreement that constitutes a limited recourse obligation shall not be payable from or charged upon any funds other than the revenue identified as the source of payment thereof, nor shall the state authority or local governmental entity entering into the same be subject to any pecuniary liability thereon. 1253 1248 JOURNAL OF THE SENATE No counterparty under any such interest rate management agreement shall ever have the right to compel any exercise of the taxing power of the state authority or local governmental entity to pay any amount due under any such interest rate management agreement, nor to enforce payment thereof against any property of the state authority or local governmental entity, other than the specified revenue source; nor shall any such interest rate management agreement constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the state authority or local governmental entity, other than the specified revenue source. Every such interest rate management agreement shall contain a recital setting forth the substance of this subsection. (e) Any public body may enter into credit enhancement or liquidity agreements in connection with any interest rate management agreement containing such terms and conditions as the governing body determines are necessary or desirable, provided that any such agreement has the same source of payment as the related interest rate management agreement. 50-17-84. Prior to the execution and delivery of a qualified interest rate management agreement by the public body, a request shall be submitted to the commission for a report finding that the interest rate management plan is in compliance with the guidelines, rules, or regulations promulgated by the commission under this article. Within 15 days of receipt of the request, the commission shall determine whether the interest rate management plan substantially complies with such guidelines, rules, and regulations and shall report thereon to the public body. If the report of the commission finds that the interest rate management plan complies with such guidelines, rules, and regulations, then the public body may authorize and award by resolution the qualified interest rate management agreement. If the report of the commission finds that the interest rate management plan is not in compliance with such guidelines, rules, and regulations or the commission shall fail to report within the 15 day period, then the public body shall not authorize and award a qualified interest rate management agreement. 50-17-85. The public body that has entered into a qualified interest rate management agreement shall include in its annual financial statements information with respect to each qualified interest rate management agreement it has authorized or entered into, including any information required pursuant to any statement issued by the Governmental Accounting Standards Board. 50-17-86. When entering into any qualified interest rate management agreement authorized under this article, the public body may agree in the written contract or agreement that the rights and remedies of the counterparty shall be governed by the laws of any state of these United States, but the law which shall apply to the obligations of the public body shall be the law of the State of Georgia and jurisdiction over the public body in any 1254 TUESDAY, MARCH 9, 2004 1249 matter concerning a qualified interest rate management agreement shall lie exclusively in the courts of the State of Georgia or in the applicable federal court having jurisdiction and located within the State of Georgia." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Cagle of the 49th offered the following amendment: Amend the Senate Finance Committee substitute to SB 515 by striking lines 20 through 23 of page 2 and inserting in their place the following: "(6) "Local governmental entity" means any governmental body as defined in paragraph (2) of Code Section 36-82-61, as amended; provided, however, that such term shall only include authorities which are local public authorities included in the definition thereof set forth in subparagraph (C) of paragraph (2) of Code Section 3682-61, as amended." On the adoption of the amendment, the yeas were 39, nays 0, and the Cagle 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: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Harbison Y Harp Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Thomas,N 1255 1250 JOURNAL OF THE SENATE Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Levetan Y Me V Bremen Y Moody Y Mullis E Price Y Reed Y Seabaugh Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 52, nays 0. SB 515, having received the requisite constitutional majority, was passed by substitute. SR 829. By Senators Hamrick of the 30th and Dean of the 31st: 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: Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis E Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 49, nays 0. 1256 TUESDAY, MARCH 9, 2004 1251 SR 829, having received the requisite constitutional majority, was adopted. SR 802. By Senators Jackson of the 50th, Thomas of the 54th, Starr of the 44th and Thomas of the 10th: A RESOLUTION Proposing an amendment to the Constitution so as to provide for a special license plate promoting organ and tissue donation organizations; to provide for the donation of revenue derived from the sales of such license plates; to provide for the deposit of revenue other than such donations into the general fund; to provide for related matters; 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 III, Section IX, Paragraph VI of the Constitution is amended by adding a new subparagraph (n) to read as follows: "(n) The General Assembly may provide by general law for the creation of a license plate promoting organ and tissue donation organizations with the donation of revenue derived from the sales of such license plates to such organizations and for the deposit of revenue other than such donations into the general fund." 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 for the creation of a license plate promoting organ and tissue donation organizations with the donation of revenue derived from the sales of such license plates to such organizations and for the deposit of revenue other than such donations into the general fund?" 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 report of the committee, which was favorable to the adoption of the resolution, was agreed to. 1257 1252 JOURNAL OF THE SENATE 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 Brown Y Brush Y Bulloch Y Butler Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall 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 E 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 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. The resolution, having received the requisite two-thirds constitutional majority, was adopted. Senator Collins of the 6th introduced the doctor of the day, Dr. Zia Abdi. The Calendar was resumed. SB 542. By Senators Jackson of the 50th, Thomas of the 54th, Price of the 56th, Thomas of the 10th and Starr of the 44th: 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 registration and licensing of motor vehicles generally, so as to provide for special license plates promoting organ and tissue donation organizations; 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. 1258 TUESDAY, MARCH 9, 2004 1253 The Senate Public Safety and Homeland Security Committee offered the following amendment: Amend SB 542 by striking lines 22 and 23 of page 2 and inserting in lieu thereof the following: "deposited into the general treasury, $5.00 to be donated to the Georgia Coalition on Donation for state-wide organ donation awareness, and $5.00 to the Georgia Transplant". On the adoption of the amendment, the yeas were 44, nays 0, and the committee amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Lee Y Levetan Y Me V Bremen Y Moody Y Mullis E Price Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 49, nays 0. SB 542, having received the requisite constitutional majority, was passed as amended. 1259 1254 JOURNAL OF THE SENATE 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean 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 E Price Y Reed Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. SB 424, having received the requisite constitutional majority, was passed. 1260 TUESDAY, MARCH 9, 2004 1255 SR 786. By Senators Mullis of the 53rd, Hudgens of the 47th, Shafer of the 48th, Johnson of the 1st, Smith of the 52nd and others: A RESOLUTION encouraging the display of the Ten Commandments and the acknowledgment of God by local governments and the State of Georgia; 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: N Adelman Y Balfour Y Blitch Y Bowen Brown Y Brush Y Bulloch N Butler Y Cagle Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison N Harp N Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee N Levetan Me V Bremen Y Moody Y Mullis E 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 N Thomas,N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams N Zamarripa On the adoption of the resolution, the yeas were 42, nays 8. SR 786, having received the requisite constitutional majority, was adopted. The following communication was received by the Secretary: 3/09/04 12:04 p.m. I was called from the Senate to the House side for the vote on SR 786 Ten 1261 1256 JOURNAL OF THE SENATE Commandments. Had I voted I would have voted Yes! /s/ Don Cheeks 23rd District The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1354. By Representatives Lucas of the 105th, Wix of the 33rd, Post 1, Rogers of the 20th and Skipper of the 116th: A BILL to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the organization and members of the Public Service Commission, so as to define a certain term; to increase the amount of certain special fees; to increase a certain amount available for appropriation to the Public Service Commission; and for other purposes. The Calendar was resumed. SB 551. By Senators Unterman of the 45th, Price of the 56th, Thomas of the 54th, Smith of the 52nd, Balfour of the 9th and others: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to regulation of professions and businesses, so as to add a new Chapter 24A regulating the practice of massage therapy; to provide a short title; to provide legislative findings and intent; to provide for certain definitions; to create a Georgia Board of Massage Therapy; to provide for membership on the board; to provide for powers of the board; to provide for licensure of massage therapists; to provide for provisional permits; to provide for licensing examinations; to provide for violations; to provide for exceptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Health and Human Services Committee offered the following amendment: Amend SB 551 by striking "2004" on line 3 of page 11 and inserting in its place "2006". By striking the word "classroom" on line 5 of page 11. 1262 TUESDAY, MARCH 9, 2004 1257 By striking on lines 9 and 10 of page 11 the following: "held in a classroom setting". On the adoption of the amendment, the yeas were 38, nays 0, and the committee amendment was adopted. Senator Balfour of the 9th offered the following amendment # 1: Amend SB 551 by striking on page 5 line 23 ", an equivalent test approved by the board," On the adoption of the amendment, the yeas were 37, nays 0, and the Balfour amendment # 1 was adopted. Senator Balfour of the 9th offered the following amendment # 2: Amend SB 551 by deleting on page 4, line 4 the words "annually and" and inserting in lieu thereof the following, "semi-annually. On an annual basis at such board meeting, the board"; and by deleting on page 4, line 7 the words "annual meeting" and inserting in lieu thereof the following, "semi-annual meetings" On the adoption of the amendment, the yeas were 40, nays 0, and the Balfour amendment # 2 was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Harbison Y Harp Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R 1263 1258 JOURNAL OF THE SENATE Y Dean Y Fort Y Gillis Y Golden Y Hall N Hamrick Y Me V Bremen Y Moody Y Mullis E Price Y Reed Y Seabaugh Y Thompson N Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 52, nays 2. SB 551, having received the requisite constitutional majority, was passed as amended. The following House legislation was read the first time and referred to committee: HB 1354. By Representatives Lucas of the 105th, Wix of the 33rd, Post 1, Rogers of the 20th and Skipper of the 116th: A BILL to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the organization and members of the Public Service Commission, so as to define a certain term; to increase the amount of certain special fees; to increase a certain amount available for appropriation to the Public Service Commission; and for other purposes. Referred to the Regulated Industries and Utilities Committee. Senator Stephens of the 51st moved that the Senate stand in recess until 5:00 p.m. and pursuant to HR 1471 stand adjourned until 9:00 a.m., Friday, March 12, 2004. The President announced the motion prevailed at 12:13 p.m. The Senate adjourned at 5:00 p.m. 1264 FRIDAY, MARCH 12, 2004 1259 Senate Chamber, Atlanta, Georgia Friday, March 12, 2004 Thirty-first Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President. Senator 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 274. By Representatives Jordan of the 83rd, Birdsong of the 104th, Hill of the 81st, Thomas of the 43rd, Post 1, Mobley of the 58th and others: A BILL to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special and distinctive license plates for retired veterans of any branch of the active reserve components or the National Guard; and for other purposes. HB 558. By Representatives Powell of the 23rd, DeLoach of the 127th, Boggs of the 145th and Burkhalter of the 36th: A BILL to amend Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Athletic and Entertainment Commission, so as to provide definitions; to authorize the commission to collect and remit certain tax payments; to provide for qualifications for persons 50 years of age or older seeking a license as a professional boxer; to provide for the powers of the commission upon violation of laws and regulations relating to boxing; and for other purposes. 1265 1260 JOURNAL OF THE SENATE HB 727. By Representatives Day of the 126th, Rogers of the 20th and Hanner of the 133rd: A BILL to amend Chapter 9 of Title 52 of the Official Code of Georgia Annotated, relating to river and harbor development, so as to change certain provisions regarding disposal of sand and sediment; and for other purposes. HB 975. By Representative Bruce of the 45th: A BILL to amend an Act entitled "An Act to continue the Fulton County School Employees Pension Fund," so as to change the provisions of such Act relating to the grant and calculation of cost-of-living benefit increases; to authorize the board of trustees of such retirement fund to grant such increase under certain conditions; and for other purposes. HB 1151. By Representatives Stephens of the 124th, Post 2, Watson of the 60th, Post 2, Jackson of the 124th, Post 1, Bordeaux of the 125th, Stephens of the 123rd 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 time requirements relating to provisional contracts in order to receive the results of background checks for teachers, principals, and other certificated professional personnel; and for other purposes. HB 1416. By Representatives Lane of the 101st, Royal of the 140th, Porter of the 119th, Ray of the 108th, Jenkins of the 93rd and others: A BILL to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of property, so as to change certain provisions relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report; to expressly include certain property devoted to production of wildlife by maintaining wildlife habitat within the meaning of bona fide conservation use property; and for other purposes. HB 1431. By Representative Fleming of the 79th: A BILL to amend Code Section 9-13-80 of the Official Code of Georgia Annotated, relating to executions being cancelled when satisfied and private rights of action, so as to provide specific deadlines and remedies for cancellation of record of fully satisfied judgment executions; to provide 1266 FRIDAY, MARCH 12, 2004 1261 alternative methods to cancel fully satisfied judgments; and for other purposes. HB 1450. By Representatives Bordeaux of the 125th, Campbell of the 39th, Stokes of the 72nd and Fleming of the 79th: A BILL to amend Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to add certain provisions relating to judicial proceedings in the event of a natural disaster, civil disturbance, or other emergency situation that will interfere with a citizen's litigant's, state official's, or other person's ability to comply with court deadlines; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for a judicial official's ability to declare an emergency under certain circumstances; and for other purposes. HB 1511. By Representatives McClinton of the 59th, Post 1, Royal of the 140th and Ashe of the 42nd, Post 2: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property used in direct connection with the construction of certain symphony halls; and for other purposes. HB 1598. By Representatives Dodson of the 84th, Post 1, Skipper of the 116th and Barnes of the 84th, Post 2: A BILL to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to provide that counties and municipalities that require permits for the installation, replacement, or improvement of heating, ventilation, air conditioning, plumbing, or electrical systems in a building or structure shall permit applicants to apply for such permits by mail or through certain electronic media and shall provide for certain alternative means of paying any fees associated with the issuance of such permits; and for other purposes. HB 1611. By Representative Skipper of the 116th: A BILL to amend an act creating the board of commissioners of Marion County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes. 1267 1262 JOURNAL OF THE SENATE HB 1612. By Representatives Royal of the 140th, Coleman of the 118th, Orrock of the 51st, Holmes of the 48th, Post 1, Sinkfield of the 50th and others: 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 limitations on the maximum amount of local sales and use taxes; to provide for additional procedures, conditions, and limitations with respect to certain water capital outlay projects, sewer capital outlay projects, or water and sewer capital outlay projects with respect to the special county 1 percent sales and use tax; and for other purposes. HB 1662. By Representatives Stoner of the 34th, Post 1, Teilhet of the 34th, Post 2, Dooley of the 33rd, Post 3, Wilkinson of the 41st, Parsons of the 29th and others: A BILL to amend an Act to provide for a $10,000.00 homestead exemption from all City of Smyrna ad valorem taxes for certain disabled residents, so as to increase the amount of said exemption to $22,000.00; and for other purposes. HB 1663. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2: A BILL to amend an Act incorporating the City of Odom, so as to change provisions relating to certain committees and chairs thereof and relating to mayoral voting; and for other purposes. HB 1664. By Representatives Ralston of the 6th, Forster of the 3rd, Post 1 and White of the 3rd, Post 2: A BILL to provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Fannin County; to provide for the amount of such fees; and for other purposes. HB 1668. By Representatives Jenkins of the 8th and Bridges of the 7th: A BILL to amend an Act creating the White County Water and Sewerage Authority, so as to change the provisions relating to terms of members of the authority; and for other purposes. 1268 FRIDAY, MARCH 12, 2004 1263 HB 1675. By Representatives Rogers of the 20th, Amerson of the 9th and Reece of the 21st: A BILL to amend an Act creating a new charter for the City of Gainesville and creating the City of Gainesville School District, so as to provide for the public schools, School District, and Board of Education of the City of Gainesville; to provide for general powers, duties, authority to levy ad valorem taxes, rights, and obligations of the Board of Education and the School District; and for other purposes. HB 1676. By Representative Heath of the 18th: A BILL to create the Haralson County School Building Authority and to provide for the appointment of members of the authority; and for other purposes. HB 1680. By Representative McCall of the 78th: A BILL to amend an Act creating the office of tax commissioner of Elbert County, so as to change the provisions relating to compensation for that office; and for other purposes. HB 1681. By Representative McCall of the 78th: A BILL to amend an Act providing a new charter for the City of Washington, Georgia, so as to change provisions relating to corporate boundaries; terms of the mayor, and council; electors, mayor, and council qualifications; compensation of mayor and council; selection of other city officers; and for other purposes. HB 1682. By Representative McCall of the 78th: A BILL to amend an Act placing the clerk of the Superior Court and judge of the Probate Court of Elbert County upon an annual salary, so as to change the provisions relating to the salaries of such officers; and for other purposes. HB 1683. By Representative McCall of the 78th: A BILL to amend an Act regarding the compensation of the sheriff of Elbert County, so as to change the provisions relating to the salary of such officer; and for other purposes. 1269 1264 JOURNAL OF THE SENATE HB 1684. By Representatives Walker of the 115th, O`Neal of the 117th, James of the 114th and Ray of the 108th: A BILL to amend an Act relating to the Perry-Houston County Airport Authority, so as to change certain provisions relating to the membership of the authority; and for other purposes. HB 1685. By Representatives Brown of the 89th and Smith of the 110th: A BILL to amend an Act creating the State Court of Troup County, so as to provide for a full-time solicitor-general; to provide for the compensation of said solicitor-general; and for other purposes. HB 1699. By Representatives Mills of the 67th, Post 2, Coan of the 67th, Post 1, Sheldon of the 71st, Post 2, Casas of the 68th, Coleman of the 65th and others: A BILL to amend an Act providing for a homestead exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead for certain residents of that school district who are disabled or senior citizens subject to certain income limitations, so as to allow such exemptions to continue to be received by certain unremarried surviving widows or widowers; and for other purposes. HB 1700. By Representatives Lucas of the 105th, Randall of the 107th, Birdsong of the 104th, Ray of the 108th, Jenkins of the 93rd and others: A BILL to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to change provisions relating to the certification and levy of the school tax; to delete a provision which requires the board of education to furnish a copy of the final school budget to the board of county commissioners for its review and approval; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolutions of the House: HR 1096. By Representatives Buckner of the 109th and Harbin of the 80th: A RESOLUTION to promote health education and physical activity in Georgia schools; and for other purposes. 1270 FRIDAY, MARCH 12, 2004 1265 HR 1262. By Representative Anderson of the 100th: A RESOLUTION honoring the Military Veterans of Burke County and designating the Burke (star) Veterans Parkway; and for other purposes. HR 1341. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Coleman of the 118th, Westmoreland of the 86th and Lunsford of the 85th, Post 2: A RESOLUTION designating the Bruton Smith Parkway; and for other purposes. HR 1404. By Representatives Day of the 126th and Stephens of the 123rd: A RESOLUTION designating the Joy N. KIeeman Memorial Bikeway; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 616. By Senators Thomas of the 54th and Unterman of the 45th: 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 provide that nursing homes annually offer an influenza virus vaccine to all medicare and Medicaid eligible patients and private pay patients in their facilities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 617. By Senators Hall of the 22nd and Cheeks of the 23rd: A BILL to be entitled an Act to amend an Act creating the Augusta Canal Authority, approved March 30, 1989 (Ga. L. 1989, p. 4750), as amended, so as to change a definition; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 618. By Senators Unterman of the 45th, Stephens of the 51st, Johnson of the 1st, Adelman of the 42nd and Balfour of the 9th: 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 1271 1266 JOURNAL OF THE SENATE consumer transactions, so as to provide a short title; to provide definitions; to prohibit the imposition of nonuse, handling, dormancy, activation, 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. SB 619. By Senators Fort of the 39th and Reed of the 35th: A BILL to be entitled an Act to create the City of East Point Charter Commission; to provide for the membership of the commission and the appointment and qualifications thereof; to provide for the expenses of members; to provide for meetings; to provide for officers; to provide for vacancies; to provide for personnel and assistance for the commission; to provide for the powers and duties of the commission and the City of East Point and its elected officials, officers, and employees; to provide that funds necessary for the operation of the commission shall come from funds of the City of East Point; to provide for hearings; to provide for the presentation of any recommendations of the commission; to provide for the abolishment of the commission; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 620. By Senator Fort of the 39th: A BILL to be entitled an Act to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide the court with discretion under certain circumstances for offenses involving certain persons convicted of aggravated child molestation; to amend Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment for serious violent offenders, so as to provide for an appropriate cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 621. By Senators Fort of the 39th and Tate of the 38th: A BILL to be entitled an Act to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide the court with discretion under certain circumstances for offenses involving certain persons convicted of aggravated 1272 FRIDAY, MARCH 12, 2004 1267 child molestation; to amend Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment for serious violent offenders, so as to provide for an appropriate cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 622. By Senators Stokes of the 43rd, Brown of the 26th, Henson of the 41st and Tate of the 38th: A BILL to be entitled an Act to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to provide that the State Board of Education shall establish a state-wide uniform violent incident reporting system for local school systems; to provide for an annual report; to provide for the content of said report; to provide for the promulgation of regulations; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Referred to the Education Committee. SB 623. By Senator Fort of the 39th: A BILL to be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of uniform rules of the road, so as to prohibit the use of devices containing video screens containing moving pictures visible to the operator of a motor vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety and Homeland Security Committee. SB 624. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 50 of the O.C.G.A., relating to the promotion of marine research and industrial activities, so as to provide that the Department of Industry, Trade, and Tourism is authorized to acquire, construct, operate, maintain, expand, and improve certain projects for the promotion of marine research, general industrial activities, trade, commerce, industry, and employment opportunities within the state; to authorize the department to convey and lease real and personal property under certain conditions; to provide for related matters; and for other purposes. Referred to the Economic Development and Tourism Committee. 1273 1268 JOURNAL OF THE SENATE SR 889. By Senators Stokes of the 43rd, Zamarripa of the 36th, Adelman of the 42nd, Henson of the 41st and Tate of the 38th: A RESOLUTION proposing an amendment to the Constitution so as to require the State Board of Education to establish a state-wide, uniform student discipline code for 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 274. By Representatives Jordan of the 83rd, Birdsong of the 104th, Hill of the 81st, Thomas of the 43rd, Post 1, Mobley of the 58th and others: A BILL to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special and distinctive license plates for retired veterans of any branch of the active reserve components or the National Guard; and for other purposes. Referred to the Public Safety and Homeland Security Committee. HB 558. By Representatives Powell of the 23rd, DeLoach of the 127th, Boggs of the 145th and Burkhalter of the 36th: A BILL to amend Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Athletic and Entertainment Commission, so as to provide definitions; to authorize the commission to collect and remit certain tax payments; to provide for qualifications for persons 50 years of age or older seeking a license as a professional boxer; to provide for the powers of the commission upon violation of laws and regulations relating to boxing; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 727. By Representatives Day of the 126th, Rogers of the 20th and Hanner of the 133rd: A BILL to amend Chapter 9 of Title 52 of the Official Code of Georgia 1274 FRIDAY, MARCH 12, 2004 1269 Annotated, relating to river and harbor development, so as to change certain provisions regarding disposal of sand and sediment; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 975. By Representative Bruce of the 45th: A BILL to amend an Act entitled "An Act to continue the Fulton County School Employees Pension Fund," so as to change the provisions of such Act relating to the grant and calculation of cost-of-living benefit increases; to authorize the board of trustees of such retirement fund to grant such increase under certain conditions; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1151. By Representatives Stephens of the 124th, Post 2, Watson of the 60th, Post 2, Jackson of the 124th, Post 1, Bordeaux of the 125th, Stephens of the 123rd 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 time requirements relating to provisional contracts in order to receive the results of background checks for teachers, principals, and other certificated professional personnel; and for other purposes. Referred to the Education Committee. HB 1416. By Representatives Lane of the 101st, Royal of the 140th, Porter of the 119th, Ray of the 108th, Jenkins of the 93rd and others: A BILL to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of property, so as to change certain provisions relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report; to expressly include certain property devoted to production of wildlife by maintaining wildlife habitat within the meaning of bona fide conservation use property; and for other purposes. Referred to the Finance Committee. 1275 1270 JOURNAL OF THE SENATE HB 1431. By Representative Fleming of the 79th: A BILL to amend Code Section 9-13-80 of the Official Code of Georgia Annotated, relating to executions being cancelled when satisfied and private rights of action, so as to provide specific deadlines and remedies for cancellation of record of fully satisfied judgment executions; to provide alternative methods to cancel fully satisfied judgments; and for other purposes. Referred to the Special Judiciary Committee. HB 1450. By Representatives Bordeaux of the 125th, Campbell of the 39th, Stokes of the 72nd and Fleming of the 79th: A BILL to amend Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to add certain provisions relating to judicial proceedings in the event of a natural disaster, civil disturbance, or other emergency situation that will interfere with a citizen's litigant's, state official's, or other person's ability to comply with court deadlines; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for a judicial official's ability to declare an emergency under certain circumstances; and for other purposes. Referred to the Special Judiciary Committee. HB 1511. By Representatives McClinton of the 59th, Post 1, Royal of the 140th and Ashe of the 42nd, Post 2: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property used in direct connection with the construction of certain symphony halls; and for other purposes. Referred to the Finance Committee. HB 1598. By Representatives Dodson of the 84th, Post 1, Skipper of the 116th and Barnes of the 84th, Post 2: A BILL to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to provide that counties and municipalities that require permits for the installation, replacement, or 1276 FRIDAY, MARCH 12, 2004 1271 improvement of heating, ventilation, air conditioning, plumbing, or electrical systems in a building or structure shall permit applicants to apply for such permits by mail or through certain electronic media and shall provide for certain alternative means of paying any fees associated with the issuance of such permits; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1611. By Representative Skipper of the 116th: A BILL to amend an act creating the board of commissioners of Marion County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1612. By Representatives Royal of the 140th, Coleman of the 118th, Orrock of the 51st, Holmes of the 48th, Post 1, Sinkfield of the 50th and others: 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 limitations on the maximum amount of local sales and use taxes; to provide for additional procedures, conditions, and limitations with respect to certain water capital outlay projects, sewer capital outlay projects, or water and sewer capital outlay projects with respect to the special county 1 percent sales and use tax; and for other purposes. Referred to the Finance Committee. HB 1662. By Representatives Stoner of the 34th, Post 1, Teilhet of the 34th, Post 2, Dooley of the 33rd, Post 3, Wilkinson of the 41st, Parsons of the 29th and others: A BILL to amend an Act to provide for a $10,000.00 homestead exemption from all City of Smyrna ad valorem taxes for certain disabled residents, so as to increase the amount of said exemption to $22,000.00; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1277 1272 JOURNAL OF THE SENATE HB 1663. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2: A BILL to amend an Act incorporating the City of Odom, so as to change provisions relating to certain committees and chairs thereof and relating to mayoral voting; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1664. By Representatives Ralston of the 6th, Forster of the 3rd, Post 1 and White of the 3rd, Post 2: A BILL to provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Fannin County; to provide for the amount of such fees; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1668. By Representatives Jenkins of the 8th and Bridges of the 7th: A BILL to amend an Act creating the White County Water and Sewerage Authority, so as to change the provisions relating to terms of members of the authority; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1675. By Representatives Rogers of the 20th, Amerson of the 9th and Reece of the 21st: A BILL to amend an Act creating a new charter for the City of Gainesville and creating the City of Gainesville School District, so as to provide for the public schools, School District, and Board of Education of the City of Gainesville; to provide for general powers, duties, authority to levy ad valorem taxes, rights, and obligations of the Board of Education and the School District; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1676. By Representative Heath of the 18th: A BILL to create the Haralson County School Building Authority and to provide for the appointment of members of the authority; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1278 FRIDAY, MARCH 12, 2004 1273 HB 1680. By Representative McCall of the 78th: A BILL to amend an Act creating the office of tax commissioner of Elbert County, so as to change the provisions relating to compensation for that office; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1681. By Representative McCall of the 78th: A BILL to amend an Act providing a new charter for the City of Washington, Georgia, so as to change provisions relating to corporate boundaries; terms of the mayor, and council; electors, mayor, and council qualifications; compensation of mayor and council; selection of other city officers; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1682. By Representative McCall of the 78th: A BILL to amend an Act placing the clerk of the Superior Court and judge of the Probate Court of Elbert County upon an annual salary, so as to change the provisions relating to the salaries of such officers; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1683. By Representative McCall of the 78th: A BILL to amend an Act regarding the compensation of the sheriff of Elbert County, so as to change the provisions relating to the salary of such officer; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1684. By Representatives Walker of the 115th, O`Neal of the 117th, James of the 114th and Ray of the 108th: A BILL to amend an Act relating to the Perry-Houston County Airport Authority, so as to change certain provisions relating to the membership of the authority; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1279 1274 JOURNAL OF THE SENATE HB 1685. By Representatives Brown of the 89th and Smith of the 110th: A BILL to amend an Act creating the State Court of Troup County, so as to provide for a full-time solicitor-general; to provide for the compensation of said solicitor-general; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1699. By Representatives Mills of the 67th, Post 2, Coan of the 67th, Post 1, Sheldon of the 71st, Post 2, Casas of the 68th, Coleman of the 65th and others: A BILL to amend an Act providing for a homestead exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead for certain residents of that school district who are disabled or senior citizens subject to certain income limitations, so as to allow such exemptions to continue to be received by certain unremarried surviving widows or widowers; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1700. By Representatives Lucas of the 105th, Randall of the 107th, Birdsong of the 104th, Ray of the 108th, Jenkins of the 93rd and others: A BILL to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to change provisions relating to the certification and levy of the school tax; to delete a provision which requires the board of education to furnish a copy of the final school budget to the board of county commissioners for its review and approval; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 1096. By Representatives Buckner of the 109th and Harbin of the 80th: A RESOLUTION to promote health education and physical activity in Georgia schools; and for other purposes. Referred to the Education Committee. HR 1262. By Representative Anderson of the 100th: A RESOLUTION honoring the Military Veterans of Burke County and designating the Burke (star) Veterans Parkway; and for other purposes. Referred to the Transportation Committee. 1280 FRIDAY, MARCH 12, 2004 1275 HR 1341. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Coleman of the 118th, Westmoreland of the 86th and Lunsford of the 85th, Post 2: A RESOLUTION designating the Bruton Smith Parkway; and for other purposes. Referred to the Transportation Committee. HR 1404. By Representatives Day of the 126th and Stephens of the 123rd: A RESOLUTION designating the Joy N. KIeeman Memorial Bikeway; and for other purposes. Referred to the Transportation Committee. The following committee reports were read by the Secretary: Mr. President: The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1147 SB 443 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Bulloch of the 11th 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 598 SR 850 Do Pass as amended Do Pass Respectfully submitted, Senator Brush of the 24th District, Chairman Mr. President: The Ethics Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 1281 1276 JOURNAL OF THE SENATE SB 144 Do Pass by substitute Respectfully submitted, Senator Crotts of the 17th 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: HB 1103 HB 1238 HB 1239 HB 1437 Do Pass Do Pass Do Pass Do Pass Mr. President: HB 1457 HB 1461 HR 1095 Do Pass Do Pass Do Pass Respectfully submitted, Senator Cagle of the 49th District, Chairman The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 468 SB 582 SB 595 Do Pass Do Pass Do Pass Mr. President: Respectfully submitted, Senator Thomas of the 54th District, Chairman The Higher Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 661 SR 862 Do Pass by substitute Do Pass Respectfully submitted, Senator Hamrick of the 30th District, Chairman Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 1282 SB 350 SB 584 FRIDAY, MARCH 12, 2004 1277 Do Pass as amended Do Pass by substitute SB 604 SB 608 Do Pass by substitute Do Pass Respectfully submitted, Senator Lamutt of the 21st District, Chairman Mr. President: The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 505 SB 524 SB 541 SB 568 SB 571 Do Pass by substitute SB 614 Do Pass Do Pass by substitute SR 579 Do Pass by substitute Do Pass by substitute SR 874 Do Pass Do Pass by substitute SR 878 Do Pass 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: HB 834 HB 1087 HB 1156 HB 1268 Do Pass Do Pass Do Pass Do Pass by substitute HB 1588 SB 487 SB 603 SB 609 Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: The Regulated Industries and Utilities Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 519 Do Pass by substitute 1283 1278 JOURNAL OF THE SENATE SB 562 SB 563 Do Pass Do Pass by substitute Respectfully submitted, Senator Seabaugh of the 28th District, Chairman Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 856 Do Pass by substitute Respectfully submitted, Senator Balfour of the 9th District, Chairman Mr. President: The Science and Technology Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 306 SR 754 Do Pass Do Pass by substitute Respectfully submitted, Senator Shafer of the 48th District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1112 SB 500 SB 567 Do Pass by substitute Do Pass by substitute Do Pass by substitute SB 596 SB 599 SB 615 Do Pass Do Pass Do Pass Mr. President: Respectfully submitted, Senator Unterman of the 45th District, Chairman The State Institutions and Property Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 1284 FRIDAY, MARCH 12, 2004 1279 HB 1026 SR 589 SR 704 Do Pass Do Pass by substitute Do Pass Respectfully submitted, Senator Thomas of the 2nd 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: HR 132 SB 516 SR 596 Do Pass Do Pass by substitute Do Pass SR 843 SR 866 SR 869 Do Pass Do Pass by substitute Do Pass Respectfully submitted, Senator Williams of the 19th District, Chairman The following legislation was read the second time: HB 340 HB 365 HB 1162 HB 1441 HB 1455 HB 1519 SB 263 SB 392 SB 414 SB 451 SB 471 SB 546 SB 579 SB 588 SB 594 SR 321 SR 442 SR 461 SR 632 SR 675 SR 827 SR 863 Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused. Senator Jackson of the 50th asked unanimous consent that Senator Smith of the 25th be excused. The consent was granted, and Senator Smith was excused. Senator Thomas of the 2nd asked unanimous consent that Senator Kemp of the 3rd be excused. The consent was granted, and Senator Kemp was excused. Senator Tolleson of the 18th asked unanimous consent that Senator Stephens of the 51st be excused. The consent was granted, and Senator Stephens was excused. Senator Butler of the 55th asked unanimous consent that Senator Thomas of the 10th be excused. The consent was granted, and Senator Thomas was excused. The roll was called and the following Senators answered to their names: 1285 1280 JOURNAL OF THE SENATE Adelman Balfour Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Crotts Dean Gillis Golden Hall Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Lamutt Levetan Me V Bremen Moody Mullis Price Reed Seabaugh Seay Shafer Smith,P Squires Starr Stokes Tanksley Tate Thomas,D Thomas,R Tolleson Unterman Zamarripa Not answering were Senators: Blitch Hamrick Lee Thomas, N (Excused) Collins Harbison Smith, F (Excused) Thompson (Excused) Fort Kemp, R (Excused) Stephens (Excused) 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 Hamrick The members pledged allegiance to the flag. Senator Thomas of the 54th introduced the chaplain of the day, Reverend Eddie Brannon of Calhoun, Georgia, who offered scripture reading and prayer. Senators Levetan of the 40th and Adelman of the 42nd introduced Dr. James W. Wagner, President of Emory University. Dr. Wagner addressed the Senate briefly. Senator Brush of the 24th introduced the doctor of the day, Dr. Jerry Lambert. Senator Harp of the 16th recognized March 5, 2004 as "National Guard Day" and introduced members of the Georgia National Guard, commended by SR 795, adopted previously. Major General David Poythress addressed the Senate briefly. Senator Stokes of the 43rd introduced Stephen Coleman, commended by SR 865, adopted previously. Stephen Coleman addressed the Senate briefly. 1286 FRIDAY, MARCH 12, 2004 1281 Senator Cheeks of the 23rd introduced 2003 Milken National Educator Award recipient, Marta Goodson, commended by SR 702, adopted previously. Marta Goodson addressed the Senate briefly. Senator Brush of the 24th introduced 2003 Milken National Educator Award recipient, Carol Hough, commended by SR 820, adopted previously. Carol Hough addressed the Senate briefly. Senator Seay of the 34th introduced North Clayton Athletic Association Cheerleaders. Senator Jackson of the 50th introduced Georgia 7th Grade Youth Poet Laureate, Macy Marie Sirmans, commended by SR 812, adopted previously. Macy Marie Sirmans addressed the Senate briefly. Senator Tolleson of the 18th introduced a group of students in honor of Black History Month, commended by SRs 525, 775, 776, 777, 778 and 779, adopted previously. Molly Laughlin addressed the Senate briefly. Senator Meyer von Bremen of the 12th introduced Mrs. Charles M. Ward and family, commended by SR 562, adopted previously. Mrs. Ward addressed the Senate briefly. Senators Hamrick of the 30th and Dean of the 31st introduced the Carrollton High School 2004 State Champion Cheerleading Squad, commended by SR 770, adopted previously. Captain Antoinette Duncan addressed the Senate briefly. Senator Squires of the 5th introduced Joseph B. Smith, commended by SR 881, adopted previously. Joseph Smith addressed the Senate briefly. The following resolutions were read and adopted: SR 884. By Senator Cheeks of the 23rd: A RESOLUTION commending Corey S. Johnson on attaining the rank of Eagle Scout; and for other purposes. SR 885. By Senator Smith of the 25th: A RESOLUTION commending Georgia's Battery D of the 214th Coast Artillery Anti-Aircraft Regiment and recognizing the men who served in its ranks; and for other purposes. SR 886. By Senators Levetan of the 40th and Butler of the 55th: A RESOLUTION commending the Reverend Dr. Cynthia L. Hale and 1287 1282 JOURNAL OF THE SENATE congratulating her on the occasion of her 25th ordination anniversary; and for other purposes. SR 887. By Senator Kemp of the 46th: A RESOLUTION commending and recognizing First American Bank and Trust Company; and for other purposes. SR 888. By Senator Kemp of the 46th: A RESOLUTION commending and recognizing Athens First Bank and Trust Company and congratulating it on the occasion of its 75th anniversary; and for other purposes. SR 890. By Senator Levetan of the 40th: A RESOLUTION commending Rabbi Stanley M. Davids; and for other purposes. SR 891. By Senator Levetan of the 40th: A RESOLUTION commending travelgirl magazine and its founders Renee Werbin, Michael A. Morris, and Stephanie S. Oswald; and for other purposes. SR 892. By Senator Adelman of the 42nd: A RESOLUTION commending Elliott Houston Smith on attaining the rank of Eagle Scout; and for other purposes. SR 893. By Senator Hill of the 4th: A RESOLUTION commending Dr. H. William Perry and congratulating him on the occasion of his retirement; and for other purposes. SR 894. By Senator Hill of the 4th: A RESOLUTION commending the Pinewood Christian Academy girls softball team; and for other purposes. SR 895. By Senator Hill of the 4th: A RESOLUTION commending the Pinewood Christian Academy varsity cheerleaders; and for other purposes. 1288 FRIDAY, MARCH 12, 2004 1283 SR 896. By Senator Hill of the 4th: A RESOLUTION commending the Pinewood Christian Academy girls basketball team; and for other purposes. SR 897. By Senators Harp of the 16th and Thomas of the 10th: A RESOLUTION commending all USA Track & Field (USATF) Georgia members, past members, member organizations, and USATF related providers and declaring March 12, 2004, and henceforth annually as "USA Track & Field Recognition Day in Georgia"; and for other purposes. Senator Harp of the 16th introduced USA Track and Field members, commended by SR 897. Murray Sanford addressed the Senate briefly. SR 898. By Senator Mullis of the 53rd: A RESOLUTION expressing support for the Georgia Fire Service long-range improvement program; and for other purposes. Senator Thomas of the 54th asked unanimous consent that the following bill be withdrawn from the Senate Transportation Committee and committed to the Senate Health and Human Services Committee: HB 1138. By Representatives Smith of the 13th, Post 2, Greene of the 134th, Smith of the 110th and Benfield of the 56th, Post 1: A BILL to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions for offenses against public health and morals, so as to provide for the crime of smoking in a motor vehicle on a state highway, county road, or municipal street or on private property while a child is restrained in a child passenger restraining system; and for other purposes. The consent was granted, and HB 1138 was committed to the Senate Health and Human Services Committee. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Friday, March 12, 2004 Thirty-first Legislative Day 1289 1284 JOURNAL OF THE SENATE (The names listed are the Senators whose districts are affected by the legislation.) Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage: SB 615 Starr of the 44th FOREST PARK, CITY OF A BILL to be entitled an Act to provide a homestead exemption from City of Forest Park ad valorem taxes for municipal purposes; to provide that the amount of such exemption shall be $50,000.00 of the assessed value of the homestead in 2004, $100,000.00 of the assessed value of the homestead in 2005, and $150,000.00 of the assessed value of the homestead in 2006 and subsequent years; to provide that such exemptions shall be available to all residents of the city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1112 Crotts of the 17th Brush of the 24th Smith of the 25th Brown of the 26th Lee of the 29th JONES COUNTY A BILL to amend an Act creating 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. (SUBSTITUTE) The substitute to the following bill was put upon its adoption: *HB 1112: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1112: A BILL TO BE ENTITLED 1290 FRIDAY, MARCH 12, 2004 1285 AN ACT To amend an Act creating the board of commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, 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; to provide for a referendum election to determine whether such change in duties and status shall become effective; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the board of commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, is amended by striking Section 8 and inserting in its place a new Section 8 to read as follows: "SECTION 8. The chairperson of the board shall receive as compensation the sum of $65,000.00 per year for his or her full-time service. The remaining members of the board shall receive as compensation $550.00 per month. Said members, including the chairperson, when traveling outside the county on county business shall also receive travel expenses when traveling by personal motor vehicle at the legal mileage rate authorized under Code Section 50-19-7 of the O.C.G.A., as now or hereafter amended, and actual expenses for lodging and meals upon submitting an itemized, verified account to the board and upon approval by a majority of the members of the board. In addition, each member of the board, including the chairperson, shall receive a monthly expense allowance of $150.00. All such amounts shall be paid from funds of Jones County." SECTION 2. Said Act is further amended by striking Section 11 and inserting in its place a new Section 11 to read as follows: "SECTION 11. (a) The chairperson of the board of commissioners shall be full time and shall be the chief administrative officer of the county. The chairperson shall be responsible for all administrative activities of the board including, but not limited to, compiling the annual budget to cover all anticipated revenues and expenditures for the ensuing year, for the approval of the board; maintaining the countys financial records, signing checks, and disbursing all monetary allotments; examining claims against the county and making recommendations as to payment; maintaining budgetary control accounts, proprietary accounts, and property control records; preparing and issuing monthly budgetary reports of county operations; planning and preparing for meeting the financial needs of the county; conducting internal audits of county funds as approved by the board; 1291 1286 JOURNAL OF THE SENATE directing and supervising the administration of all county offices and functions; appointing and fixing the compensation of employees for whom the board is responsible, subject to approval of such compensation by the board; and acting as purchasing agent for the county and entering into contracts approved by the board on behalf of the county. (b) The chairperson is authorized to employ an administrator to assist the chairperson with the duties set forth in subsection (a) of this section. The administrator shall be directed by the chairperson and shall be responsible to the chairperson and the board of commissioners. The administrator shall be appointed by the chairperson and shall have the qualifications and experience as required by the chairperson. The compensation of the administrator shall be set by the board. He or she shall be removable by action of a majority of the members of the board." SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Jones County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Jones County for approval or rejection. The election superintendent shall conduct that election on the date of the July, 2004, general primary. The superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Jones County. The ballot shall have written or printed thereon the words: "( ) YES ( ) NO Shall the Act be approved which provides for a full-time chairperson of the Jones County board of commissioners and fixes the annual salary of the full-time chairperson at $65,000.00?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 and 2 of this Act shall become of full force and effect January 1, 2005. If the Act is not so approved or if the election is not conducted as provided in this section, then Sections 1 and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following. The expense of such election shall be borne by Jones County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State. SECTION 4. In order that candidates for the office of chairperson may know the duties and status of the office prior to qualifying, in only the year 2004 the office of chairperson of the board of commissioners of Jones County shall be elected at a special election to be held on the 1292 FRIDAY, MARCH 12, 2004 1287 date of and in conjunction with the November, 2004, general election. There shall be no general or special primary election for chairperson in 2004; and there shall be no qualifying for the office of chairperson at the regular 2004 qualifying period. Qualifying for and conduct of the special election at the time of the general election shall instead be as provided by the provisions of the "Georgia Election Code" relating to a special election without a primary. SECTION 5. 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 local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Brown Brush Y Bulloch Butler Y Cagle Y Cheeks Y Clay Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Price Y Reed Seabaugh Seay Y Shafer E Smith,F Y Smith,P Squires Y Starr E Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Tolleson Y Unterman Williams Y Zamarripa On the passage of the local legislation, the yeas were 41, nays 0. The legislation on the Local Consent Calendar except for HB 1112, having received the requisite constitutional majority, was passed. 1293 1288 JOURNAL OF THE SENATE HB 1112, having received the requisite constitutional majority, was passed by substitute. Senator Kemp of the 46th asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused. SENATE RULES CALENDAR FRIDAY, MARCH 12, 2004 THIRTY-FIRST LEGISLATIVE DAY SB 458 Physician assistants; change job descriptions, licensure, definition; revisions (Substitute)(H&HS-45th) SB 528 Firearm dealers; transfer of authority; criminal background check; definitions (PS&HS-18th) SB 554 "Spread the Word Program Act"; provide for children/schools that need additional books (ED-27th) SB 564 Drivers' Licenses; not same as social security/ identification card (Amendment)(PS&HS-6th) 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 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. The Senate Health and Human Services Committee offered the following substitute to SB 458: 1294 FRIDAY, MARCH 12, 2004 1289 A BILL TO BE ENTITLED AN ACT To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physicians assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to define and change the content of job descriptions for physicians assistants; to provide definitions; to provide for practice by physicians assistants in case of emergency or disaster; to provide exemptions from paying fees and temporary practice agreements under certain circumstances; to provide for an inactive licensure status; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physicians assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, is amended by adding a new paragraph (4.1) to Code Section 43-34-102, relating to definitions, to read as follows: "(4.1) 'Job description' means a document, signed by the primary supervising physician and the physicians assistant whom the primary supervising physician is supervising, which consists of guidelines mutually developed by the primary supervising physician and the physicians assistant to be consistent with the primary supervising physicians scope of practice; and which document describes the professional background, scope of practice, and specialty of the primary supervising physician; the qualifications, including related experience of the physicians assistant; a general description of how the physicians assistant will be utilized in the practice; and how the physicians assistant will be supervised. A job description shall not be required to contain every activity the primary supervising physician deems the physicians assistant qualified to perform but shall confine the activities of the physicians assistant to those in the scope of practice of the primary supervising physician." SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 43-34-103, relating to application for assistant, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) In order to obtain approval for the utilization of a person as a physicians assistant, whether the utilization is in a private practice or through a public or private health care institution or organization, the licensed physician who will be responsible for the performance of that assistant shall submit an application to the board. Such application shall include: 1295 1290 JOURNAL OF THE SENATE (1) Evidence submitted by the proposed physicians assistant of his or her good moral character; (2) Evidence of his or her competency in a health care area related to the job description which, as a minimum, shall include: (A) Evidence of satisfactory completion of a training program approved by the board. If the applicant is not a graduate of an accredited school approved by the board, he or she shall be required to receive board approved refresher training and testing; (B) A finding by the board approved evaluation agency that the proposed physicians assistant is qualified to perform the tasks described in the job description; and (C) Evidence that the person who is to be used as a physicians assistant has achieved a satisfactory score on an appropriate examination outlined, approved, or administered by the board. The board may issue a temporary permit to any applicant for licensure who has satisfied the provisions of subparagraphs (A) and (B) of this paragraph and who is an applicant for the next available board approved or administered examination or who has completed this examination and is awaiting the results of such examination. The temporary permit shall expire upon notification of the applicants failure to achieve a satisfactory score on the board approved or administered examination; (3) A job description meeting the requirements of paragraph (4.1) of Code Section 43-34-102, signed by the applying physician, which shall include: (A) The qualifications, including related experience, possessed by the proposed physicians assistant; (B) The professional background and specialty of the physician submitting the application; and (C) A description of the physicians practice and the way in which the assistant is to be utilized; and (4) A fee, established by the board; provided, however, that no fee will be required if the physicians assistant is an employee of the state or county government." SECTION 3. Said chapter is further amended by adding new paragraphs (h), (i), and (j) to Code Section 43-34-103, relating to applications for assistants, to read as follows: "(h)(1) Notwithstanding any provision of this article to the contrary, a physicians assistant licensed pursuant to this article or licensed, certified, or otherwise authorized to practice in any other state or federal jurisdiction and whose license, certification, or authorization is in good standing who voluntarily and gratuitously and other than in the ordinary course of the physicians assistants employment or practice responds to a need for medical care created by a state of emergency or a disaster may render such care that the physicians assistant is able to provide without supervision or with such supervision as is available. (2) A physician who supervises a physicians assistant providing medical care 1296 FRIDAY, MARCH 12, 2004 1291 pursuant to this subsection shall not be required to meet the requirements of this chapter relating to supervision by physicians. (3) For the purposes of this subsection, the term 'state of emergency' has the same meaning as in paragraph (7) of Code Section 38-3-3, and the term 'disaster' has the same meaning as in paragraph (1) of Code Section 38-3-91. (i) A physician and a physicians assistant may enter into a temporary practice agreement exempt from any filing fees with the board by which agreement the physician supervises the services provided by the physicians assistant to patients at a specific facility or program operated by any organization exempt from federal taxes pursuant to Section 501(c)(3) of the federal Internal Revenue Code, provided that: (1) Such services are provided primarily to financially disadvantaged patients; (2) Services are free or at a charge to the patient based solely on the patients ability to pay and provided, further, that such charges do not exceed the actual cost to the facility or program; (3) The supervising physician and the physicians assistant voluntarily and gratuitously donate their services; (4) A copy of the temporary practice agreement, signed by both the supervising physician and the physicians assistant, is on file at the facility or program and is sent to the board; (5) The temporary practice agreement is for a specified period of time, limits the services of the physicians assistant to those services within both his or her usual scope of practice and the scope of practice of the supervising physician, and is signed by both the supervising physician and physicians assistant prior to the physicians assistant providing patient services; and (6) The facility or program has notified the board of its intent to provide patient services and utilize licensed physicians and physicians assistants under the conditions set out in this subsection. (j) A physicians assistant licensed pursuant to this article but not practicing with the supervision of a board approved primary supervising physician may be granted an inactive licensure status." 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. Senators Thomas of the 10th, Balfour of the 9th, Butler of the 55th, Stokes of the 43rd, Squires of the 5th and Tate of the 38th offered the following amendment: Amend the Senate Health and Human Services Committee substitute to SB 458 by adding after "status;" on line 7 of page 1 the following: 1297 1292 JOURNAL OF THE SENATE "to change certain provisions relating to delegation of authority to nurse or physicians assistant;" By adding between lines 6 and 7 of page 4 the following: "Said chapter is further amended in Code Section 43-34-26.1, relating to delegation of authority to nurse or physicians assistant, by striking paragraph (8) of subsection (a), paragraph (1) of subsection (b), and subsection (g), and inserting in lieu thereof, respectively: '(8) 'Order' means to select a drug, device, medical treatment, or diagnostic study through physician delegation in accordance with a nurse protocol or a physicians assistants job description. An advanced practice registered nurse may select and transmit a verbal, written, or electronic order for a drug, device, medical treatment, or diagnostic study pursuant to the authority delegated by a physician and set forth in a nurse protocol agreement. The written and electronic order form shall provide that the drug or device order is executed by the named advanced practice registered nurse pursuant to a nurse protocol agreement. Ordering under such delegation shall not be construed to be independent prescribing, which act can only be performed by the physician, nor shall ordering of a drug be construed to authorize the issuance of a written prescription, except as provided in this Code section.' '(b)(1) A physician may delegate to: (A) A physicians assistant in accordance with a job description; or (B) A nurse recognized by the Georgia Board of Nursing as a certified nurse midwife, certified registered nurse anesthetist, certified nurse practitioner, or clinical nurse specialist, psychiatric/mental health an advanced practice registered nurse in accordance with a nurse protocol the authority to order controlled substances selected from a subject to an exclusionary formulary of such drugs established by the Composite State Board of Medical Examiners and the authority to order dangerous drugs, devices, medical treatments, and diagnostic studies.' '(g) Nothing in this Code section shall be construed to authorize or permit the issuance of a Drug Enforcement Administration license to a nurse or physicians assistant An advanced practice registered nurse is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities.'" By renumbering Sections 4 and 5 as Sections 5 and 6, respectively. Senator Unterman of the 45th requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the amendment germane. Senator Unterman of the 45th appealed the ruling of the President. 1298 FRIDAY, MARCH 12, 2004 1293 Senator Unterman of the 45th moved that SB 458 be placed on the Table. Senator Thomas of the 10th objected. On the motion to table, a roll call was taken, and the vote was as follows: N Adelman Balfour N Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks N Clay Y Collins Y Crotts N Dean N Fort Y Gillis Y Golden Y Hall Hamrick Harbison Y Harp N Henson Y Hill N Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Reed Y Seabaugh N Seay Y Shafer E Smith,F E Smith,P N Squires Y Starr Y Stephens N Stokes N Tanksley N Tate Y Thomas,D N Thomas,N Y Thomas,R E Thompson Y Tolleson Y Unterman Y Williams N Zamarripa On the motion, the yeas were 32, nays 17; the motion prevailed, and SB 458 was placed on the Table. SB 528. By Senators Tolleson of the 18th, Butler of the 55th and Kemp of the 46th: A BILL to be entitled an Act to amend Chapter 16 of Title 43 of the O.C.G.A., relating to firearms dealers, so as to transfer authority for the regulation of firearms dealers from the Department of Public Safety to the state revenue commissioner; to provide for a definition; to provide for the promulgation of rules and regulations regarding firearms dealers; to require that firearms dealers applying for a license must submit to a criminal background check as part of the licensing process; to change the provisions relating to surety bonds; to provide for the collection of amounts due under this chapter; to provide for penalties; to provide for the inspection of licensees and their books records, and other materials and premises; to provide for practices and procedures; to repeal conflicting laws; and for other purposes. 1299 1294 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Reed Seabaugh Y Seay Y Shafer E Smith,F E 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 49, nays 0. SB 528, having received the requisite constitutional majority, was passed. Senator Seay of the 34th asked unanimous consent that Senator Reed of the 35th be excused. The consent was granted, and Senator Reed was excused. SB 554. By Senators Moody of the 27th, Brush of the 24th, Collins of the 6th, Unterman of the 45th, Seabaugh of the 28th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary schools, so as to enact the "Spread the Word Program Act"; to provide for local programs for collecting donated books for children who have few books or schools that need additional books; to authorize rules and regulations; 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. 1300 FRIDAY, MARCH 12, 2004 1295 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price E Reed Y Seabaugh Y Seay Y Shafer E Smith,F E 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 52, nays 0. SB 554, having received the requisite constitutional majority, was passed. 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. SB 564. By Senators Collins of the 6th, Hall of the 22nd, Kemp of the 46th, Smith of the 52nd and Levetan of the 40th: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to provide that a social security number shall not be used by the Department of Motor Vehicle Safety as a drivers license or identification card number; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Public Safety and Homeland Security Committee offered the following amendment: Amend SB 564 by striking line 11 of page 1 and inserting in lieu thereof the following: "No license or permit issued or renewed on or after July 1, 1997 January 1, 2005, 1301 1296 JOURNAL OF THE SENATE pursuant to this" On the adoption of the amendment, the yeas were 37, nays 0, and the committee amendment was adopted. Senator Collins of the 6th offered the following amendment # 1: Amend SB 564 by adding after the semicolon on line 3 of page 1 the words and symbol "to provide an exception;". By adding immediately before the period on line 13 of page 1 the following: ", except where a license or permit holder elects automatic renewal by Internet, telephone, or mail of an existing license or permit that contains a social security number". By adding "except as provided in Code Section 40-5-28.1" before the word "or" on line 21 of page 1, before the semicolon on line 9 of page 2, and before the word "or" on line 17 of page 2. On the adoption of the amendment, the yeas were 38, nays 0, and the Collins amendment # 1 was adopted. Senators Crotts of the 17th and Lamutt of the 21st offered the following amendment # 2: Amend SB 564 by page 2 line 19 after the word section - and any license issued to a noncitizen immigrant will display a 1/4" green transparent line down the right side on the face of the license Senator Crotts of the 17th asked unanimous consent that his amendment # 2 be withdrawn. The consent was granted, and the amendment was withdrawn. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Seay Y Shafer E Smith,F E Smith,P Y Squires E Starr Y Stephens 1302 FRIDAY, MARCH 12, 2004 1297 Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Mullis Y Price E Reed Y Seabaugh 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 49, nays 0. SB 564, having received the requisite constitutional majority, was passed as amended. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1575. By Representative Skipper of the 116th: A RESOLUTION relative to adjournment; and for other purposes. Senator Stephens of the 51st moved that the Senate stand in recess until 5:00 p.m. and pursuant to HR 1471, stand adjourned until 10:00 a.m., Monday, March 15, 2004. The President announced the motion prevailed at 11:59 a.m. The Senate adjourned at 5:00 p.m. 1303 1298 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, March 15, 2004 Thirty-second Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 656. By Representatives Chambers of the 53rd, Ehrhart of the 28th, Oliver of the 56th, Post 2, Jamieson of the 22nd, Moraitakis of the 42nd, Post 4 and others: A BILL 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 require that consumer reporting agencies notify consumers when a person other than a person with whom the consumer already has a business relationship makes an inquiry concerning the consumer's file with such agency; and for other purposes. HB 984. By Representatives Purcell of the 122nd, Oliver of the 121st, Post 2, Keen of the 146th, Stephens of the 123rd, DeLoach of the 127th and others: A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the designation of counties as less developed areas for purposes of certain income tax credits; to provide for such designation with respect to portions of certain counties; to provide for such designation with respect to tax credits for existing manufacturing and telecommunications facilities or manufacturing or 1304 MONDAY, MARCH 15, 2004 1299 telecommunications support facilities; and for other purposes. HB 1245. By Representative Skipper of the 116th: A BILL to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; and for other purposes. HB 1246. By Representatives Skipper of the 116th and Cummings of the 19th: A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; and for other purposes. HB 1247. By Representatives Skipper of the 116th, Greene of the 134th and Powell of the 23rd: A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; and for other purposes. HB 1297. By Representatives Thompson of the 69th, Post 1, Dooley of the 33rd, Post 3 and Warren of the 99th: A BILL to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia State Indemnification Fund, so as to provide a short title; to change the definition of a certain term; to provide for a rebuttable presumption that certain conditions contracted by firefighters were contracted in the line of duty; and for other purposes. HB 1304. By Representatives Rogers of the 20th and Reece of the 21st: A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia 1305 1300 JOURNAL OF THE SENATE Annotated, relating to elementary and secondary education, so as to provide for timely payment for goods and services purchased by local boards of education; to amend Chapters 60 and 80 of Title 36 of the Official Code of Georgia Annotated, relating, respectively, to general provisions applicable to municipal corporations, counties, and other governmental entities, so as to provide for timely payment for goods and services purchased by local governments and local authorities; and for other purposes. HB 1327. By Representatives Brooks of the 47th, Massey of the 24th, Smyre of the 111th, Buck of the 112th, Hugley of the 113th and others: A BILL to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping vehicles; and for other purposes. HB 1335. By Representatives Boggs of the 145th, Greene of the 134th, Crawford of the 91st and Walker of the 115th: A BILL 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; and for other purposes. HB 1372. By Representatives Wix of the 33rd, Post 1, Snow of the 1st, Skipper of the 116th, Royal of the 140th and Parham of the 94th: A BILL to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation of judges of the probate court, so as to increase the minimum salary for judges of the probate court who also hold and conduct elections or are responsible for conducting elections for members of the General Assembly under any applicable general or local law of this state; and for other purposes. HB 1410. By Representatives Hembree of the 46th, Richardson of the 26th, Mills of the 67th, Post 2, Borders of the 142nd, Sims of the 130th and others: A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for an exclusion from 1306 MONDAY, MARCH 15, 2004 1301 state income taxation with respect to certain organ donation expenses; and for other purposes. HB 1444. By Representatives Borders of the 142nd, Orrock of the 51st, Porter of the 119th, Westmoreland of the 86th, Williams of the 4th and others: A BILL 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; and for other purposes. HB 1512. By Representatives Henson of the 55th, Moraitakis of the 42nd, Post 4, Wilkinson of the 41st, Thomas of the 43rd, Post 1 and Watson of the 60th, Post 2: A BILL to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to provide for additional authority for the board to condition any sanction for a nonclinical infraction, including the authority to expunge or delete such infraction from the disciplinary record of any licensee; and for other purposes. HB 1528. By Representatives Royal of the 140th, Buck of the 112th, Skipper of the 116th, Parrish of the 102nd, Borders of the 142nd and others: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and user taxes, so as to provide for an exemption with respect to sales of certain tangible personal property to, or used in the construction of, certain corporate attractions; and for other purposes. HB 1559. By Representatives Floyd of the 69th, Post 2, Greene of the 134th, Dollar of the 31st and Marin of the 66th: A BILL to amend Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to coordinated and comprehensive planning and service delivery by counties and municipalities, so as to exempt sheriffs, clerks of the superior courts, judges of the probate courts, and tax commissioners from the definition of the term "local government"; and for other purposes. 1307 1302 JOURNAL OF THE SENATE HB 1615. By Representatives McCall of the 78th, Hanner of the 133rd, Powell of the 23rd, Smith of the 87th, Royal of the 140th and others: A BILL to regulate interbasin and intrabasin transfers of surface water and ground water; 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 of water withdrawal; to change certain provisions relating to permits to withdraw, obtain, or use ground water; and for other purposes. HB 1619. By Representatives Morris of the 120th, Barnard of the 121st, Post 1, Oliver of the 121st, Post 2, Parrish of the 102nd and DeLoach of the 127th: A BILL to provide that future elections for the office of probate judge of Candler County shall be nonpartisan elections; and for other purposes. HB 1652. By Representatives Orrock of the 51st, Sinkfield of the 50th, Dean of the 49th, Holmes of the 48th, Post 1, Teper of the 42nd, Post 1 and others: A BILL to create the Metropolitan Commission on Homelessness; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the commission; to provide for the membership of the commission; to provide for the organization and meetings of the commission; to provide the purposes for which the commission is created; and for other purposes. HB 1688. By Representatives Powell of the 23rd and Jamieson of the 22nd: A BILL to amend an Act providing a new charter for the City of Lavonia, so as to change and extend the corporate limits of said city; and for other purposes. HB 1693. By Representatives Ralston of the 6th and Lewis of the 12th: A BILL to provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Pickens County; to provide for the amount of such fees; and for other purposes. HB 1694. By Representatives Ralston of the 6th and Lewis of the 12th: A BILL to provide for an advisory referendum election to be held in Pickens County for the purpose of ascertaining whether the voters of such 1308 MONDAY, MARCH 15, 2004 1303 county desire the governing authority to enact a proposed Pickens County land use intensity district ordinance; and for other purposes. HB 1695. By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1: A BILL to provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Gilmer County; to provide for the amount of such fees; and for other purposes. HB 1698. By Representatives Graves of the 10th, Ashe of the 42nd, Post 2, Coleman of the 65th, Reece of the 11th, Casas of the 68th 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 require providers of in-service or continuing education for teachers and other professional personnel to offer such in-service or continuing education online; to provide for treatment by the Professional Standards Commission; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolutions of the House and Senate: HR 1373. By Representatives Sholar of the 141st, Post 1 and Broome of the 141st, Post 2: A RESOLUTION designating the Julien B. Roddenbery, Sr. Memorial Drive; and for other purposes. SR 872. By Senators Collins of the 6th, Lamutt of the 21st, Tanksley of the 32nd, Clay of the 37th and Price of the 56th: A RESOLUTION honoring the fiftieth anniversary of the first flight of the Lockheed Martin C-130 Hercules and declaring 2004 the "Year of the Hercules"; and for other purposes. The House insists on its position in amending the following Bill of the Senate: SB 24. By Senator Cheeks of the 23rd: A BILL to be entitled an Act to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies and child care facilities, standards, revocation or 1309 1304 JOURNAL OF THE SENATE refusal of license, penalties, and violations, so as to provide that the owner of any day-care center, family day-care home, group day-care facility, or group day-care home which is not covered by liability insurance shall post that fact in a conspicuous place in the facility; to provide for notice to the parent or guardian of each child under the care of the facility; to provide that each such parent or guardian must acknowledge receipt of such notice in writing and a copy of such acknowledgment shall be maintained on file at the facility; to provide a penalty; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 625. By Senator Lee of the 29th: A BILL to be entitled an Act to create the Heard County Public Facilities Authority; to provide for a short title; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, compensation, and expenses; to provide for vacancies, organization, meetings, and quorum; to provide for definitions; to provide for the powers and duties of the authority; to provide for revenue bonds and their form, denominations, signatures thereon, negotiability, and sale and use of proceeds from such sales; to provide for interim documents and for lost or mutilated bonds; to provide conditions for issuance; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SR 901. By Senators Harp of the 16th, Unterman of the 45th, Williams of the 19th and Johnson of the 1st: A RESOLUTION creating the Senate Assisted Living and Long Term Care Study Committee; and for other purposes. Referred to the Health and Human Services Committee. SR 903. By Senator Hamrick of the 30th: A RESOLUTION creating the Senate Study Committee on Joint Sponsorship of Legislation; and for other purposes. Referred to the Rules Committee. 1310 MONDAY, MARCH 15, 2004 1305 SR 904. By Senators Kemp of the 3rd, Johnson of the 1st, Thomas of the 2nd, Hill of the 4th and Williams of the 19th: A RESOLUTION urging the director of the Environmental Protection Division of the Department of Natural Resources to revoke forthwith the ground-water withdrawal permit held by the bankrupt Durango Georgia Paper Company for its idle plant in St. Marys and to consider lifting the moratorium on the issuance of new ground-water withdrawal permits in the 24 county area in the Atlantic coastal and southeastern region of this state based upon the results of scientific investigation of the condition of ground-water resources in that area; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 907. By Senator Shafer of the 48th: A RESOLUTION encouraging the Georgia Lottery Corporation to adopt advanced technologies to improve the Georgia Lottery for Education and creating the Lottery Technology Joint Study Committee; 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 656. By Representatives Chambers of the 53rd, Ehrhart of the 28th, Oliver of the 56th, Post 2, Jamieson of the 22nd, Moraitakis of the 42nd, Post 4 and others: A BILL 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 require that consumer reporting agencies notify consumers when a person other than a person with whom the consumer already has a business relationship makes an inquiry concerning the consumer's file with such agency; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. HB 984. By Representatives Purcell of the 122nd, Oliver of the 121st, Post 2, Keen of the 146th, Stephens of the 123rd, DeLoach of the 127th and others: A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the designation of counties as less developed areas for purposes of certain income tax credits; to provide 1311 1306 JOURNAL OF THE SENATE for such designation with respect to portions of certain counties; to provide for such designation with respect to tax credits for existing manufacturing and telecommunications facilities or manufacturing or telecommunications support facilities; and for other purposes. Referred to the Finance Committee. HB 1245. By Representative Skipper of the 116th: A BILL to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; and for other purposes. Referred to the Rules Committee. HB 1246. By Representatives Skipper of the 116th and Cummings of the 19th: A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; and for other purposes. Referred to the Retirement Committee. HB 1247. By Representatives Skipper of the 116th, Greene of the 134th and Powell of the 23rd: A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. 1312 MONDAY, MARCH 15, 2004 1307 HB 1297. By Representatives Thompson of the 69th, Post 1, Dooley of the 33rd, Post 3 and Warren of the 99th: A BILL to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia State Indemnification Fund, so as to provide a short title; to change the definition of a certain term; to provide for a rebuttable presumption that certain conditions contracted by firefighters were contracted in the line of duty; and for other purposes. Referred to the Insurance and Labor Committee. HB 1304. By Representatives Rogers of the 20th and Reece of the 21st: 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 timely payment for goods and services purchased by local boards of education; to amend Chapters 60 and 80 of Title 36 of the Official Code of Georgia Annotated, relating, respectively, to general provisions applicable to municipal corporations, counties, and other governmental entities, so as to provide for timely payment for goods and services purchased by local governments and local authorities; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 1327. By Representatives Brooks of the 47th, Massey of the 24th, Smyre of the 111th, Buck of the 112th, Hugley of the 113th and others: A BILL to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping vehicles; and for other purposes. Referred to the Public Safety and Homeland Security Committee. HB 1335. By Representatives Boggs of the 145th, Greene of the 134th, Crawford of the 91st and Walker of the 115th: A BILL 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 1313 1308 JOURNAL OF THE SENATE sentences subject to review; and for other purposes. Referred to the Special Judiciary Committee. HB 1372. By Representatives Wix of the 33rd, Post 1, Snow of the 1st, Skipper of the 116th, Royal of the 140th and Parham of the 94th: A BILL to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation of judges of the probate court, so as to increase the minimum salary for judges of the probate court who also hold and conduct elections or are responsible for conducting elections for members of the General Assembly under any applicable general or local law of this state; and for other purposes. Referred to the Special Judiciary Committee. HB 1410. By Representatives Hembree of the 46th, Richardson of the 26th, Mills of the 67th, Post 2, Borders of the 142nd, Sims of the 130th and others: A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for an exclusion from state income taxation with respect to certain organ donation expenses; and for other purposes. Referred to the Finance Committee. HB 1444. By Representatives Borders of the 142nd, Orrock of the 51st, Porter of the 119th, Westmoreland of the 86th, Williams of the 4th and others: A BILL 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; and for other purposes. Referred to the Insurance and Labor Committee. HB 1512. By Representatives Henson of the 55th, Moraitakis of the 42nd, Post 4, Wilkinson of the 41st, Thomas of the 43rd, Post 1 and Watson of the 60th, Post 2: A BILL to amend Chapter 9 of Title 43 of the Official Code of Georgia 1314 MONDAY, MARCH 15, 2004 1309 Annotated, relating to chiropractors, so as to provide for additional authority for the board to condition any sanction for a nonclinical infraction, including the authority to expunge or delete such infraction from the disciplinary record of any licensee; and for other purposes. Referred to the Health and Human Services Committee. HB 1528. By Representatives Royal of the 140th, Buck of the 112th, Skipper of the 116th, Parrish of the 102nd, Borders of the 142nd and others: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and user taxes, so as to provide for an exemption with respect to sales of certain tangible personal property to, or used in the construction of, certain corporate attractions; and for other purposes. Referred to the Finance Committee. HB 1559. By Representatives Floyd of the 69th, Post 2, Greene of the 134th, Dollar of the 31st and Marin of the 66th: A BILL to amend Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to coordinated and comprehensive planning and service delivery by counties and municipalities, so as to exempt sheriffs, clerks of the superior courts, judges of the probate courts, and tax commissioners from the definition of the term "local government"; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 1615. By Representatives McCall of the 78th, Hanner of the 133rd, Powell of the 23rd, Smith of the 87th, Royal of the 140th and others: A BILL to regulate interbasin and intrabasin transfers of surface water and ground water; 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 of water withdrawal; to change certain provisions relating to permits to withdraw, obtain, or use ground water; and for other purposes. Referred to the Natural Resources and the Environment Committee. 1315 1310 JOURNAL OF THE SENATE HB 1619. By Representatives Morris of the 120th, Barnard of the 121st, Post 1, Oliver of the 121st, Post 2, Parrish of the 102nd and DeLoach of the 127th: A BILL to provide that future elections for the office of probate judge of Candler County shall be nonpartisan elections; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1652. By Representatives Orrock of the 51st, Sinkfield of the 50th, Dean of the 49th, Holmes of the 48th, Post 1, Teper of the 42nd, Post 1 and others: A BILL to create the Metropolitan Commission on Homelessness; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the commission; to provide for the membership of the commission; to provide for the organization and meetings of the commission; to provide the purposes for which the commission is created; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1688. By Representatives Powell of the 23rd and Jamieson of the 22nd: A BILL to amend an Act providing a new charter for the City of Lavonia, so as to change and extend the corporate limits of said city; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1693. By Representatives Ralston of the 6th and Lewis of the 12th: A BILL to provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Pickens County; to provide for the amount of such fees; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1694. By Representatives Ralston of the 6th and Lewis of the 12th: A BILL to provide for an advisory referendum election to be held in Pickens County for the purpose of ascertaining whether the voters of such county desire the governing authority to enact a proposed Pickens County land use intensity district ordinance; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1316 MONDAY, MARCH 15, 2004 1311 HB 1695. By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1: A BILL to provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Gilmer County; to provide for the amount of such fees; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1698. By Representatives Graves of the 10th, Ashe of the 42nd, Post 2, Coleman of the 65th, Reece of the 11th, Casas of the 68th 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 require providers of in-service or continuing education for teachers and other professional personnel to offer such in-service or continuing education online; to provide for treatment by the Professional Standards Commission; and for other purposes. Referred to the Education Committee. HR 1373. By Representatives Sholar of the 141st, Post 1 and Broome of the 141st, Post 2: A RESOLUTION designating the Julien B. Roddenbery, Sr. Memorial Drive; and for other purposes. Referred to the Transportation Committee. The following legislation was read the second time: HB 834 HB 1026 HB 1087 HB 1103 HB 1147 HB 1156 HB 1238 HB 1239 HB 1268 HB 1437 HB 1457 HB 1461 HB 1588 HR 1095 SB 144 SB 306 SB 350 SB 443 SB 468 SB 487 SB 500 SB 505 SB 516 SB 519 SB 524 SB 562 SB 563 SB 567 SB 568 SB 571 SB 582 SB 584 SB 595 SB 596 SB 598 SB 599 SB 603 SB 604 SB 608 SB 609 SB 614 SR 579 SR 589 SR 596 SR 661 SR 704 SR 754 SR 843 SR 850 SR 856 SR 862 SR 866 SR 869 SR 874 SR 878 Senator Thomas of the 2nd asked unanimous consent that Senator Thomas of the 10th be excused. The consent was granted, and Senator Thomas was excused. 1317 1312 JOURNAL OF THE SENATE Senator Thomas of the 2nd asked unanimous consent that Senator Kemp of the 3rd be excused. The consent was granted, and Senator Kemp was excused. Senator 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 Thompson of the 33rd asked unanimous consent that Senator Reed of the 35th be excused. The consent was granted, and Senator Reed was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Bowen Brush Bulloch Butler Cagle Cheeks Clay Collins Crotts Gillis Hall Hamrick Harbison Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Lamutt Lee Levetan Me V Bremen Moody Mullis Price Seabaugh Seay Shafer Smith,F Smith,P Squires Starr Stephens Stokes Tanksley Tate Thomas,D Thomas,R Thompson Tolleson Zamarripa Not answering were Senators: Blitch Fort Reed (Excused) Williams Brown Golden (Excused) Thomas, N (Excused) Dean Kemp, R (Excused) Unterman The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Blitch Unterman Fort Williams Reed Senator Clay of the 37th recognized "Boy Scout Day" at the Capitol, commended by SR 909 and introduced The Atlanta Area Boy Scouts Council Color Guard who presented our flags and led the pledge of allegiance. 1318 MONDAY, MARCH 15, 2004 1313 The members pledged allegiance to the flag. The President introduced the Senate Sergeant at Arms Matthew Hill of Atlanta, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 899. By Senator Crotts of the 17th: A RESOLUTION commending Nancy Henderson and congratulating her on the occasion of her retirement; and for other purposes. SR 900. By Senators Thomas of the 2nd and Johnson of the 1st: A RESOLUTION remembering and honoring the life of Ms. Gwendolyn Goodman; and for other purposes. SR 902. By Senators Henson of the 41st, Balfour of the 9th, Shafer of the 48th, Levetan of the 40th, Unterman of the 45th and others: A RESOLUTION in memory and honoring the lives of Mr. William Stephen "Billy" Venable, Sr., and Mr. William "Bill" Coleman Venable, Jr.; and for other purposes. SR 905. By Senators Price of the 56th, Moody of the 27th, Levetan of the 40th, Zamarripa of the 36th, Tanksley of the 32nd and others: A RESOLUTION commending the Medical Association of Atlanta and congratulating it on the occasion of its 150th anniversary; and for other purposes. SR 906. By Senator Seay of the 34th: A RESOLUTION commending the North Clayton Athletic Association cheerleaders; and for other purposes. SR 909. By Senators Clay of the 37th, Harp of the 16th and Zamarripa of the 36th: A RESOLUTION recognizing March 15, 2004, as "Boy Scout Day in Georgia"; and for other purposes. The following House resolution was read and adopted: 1319 1314 JOURNAL OF THE SENATE HR 1575. By Representative Skipper of the 116th: 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 March 15, 2004, through March 22, 2004, shall be as follows: Monday, March 15..............................in session for legislative day 32 Tuesday, March 16 .............................in adjournment Wednesday, March 17 ........................in session for legislative day 33 Thursday, March 18............................in adjournment Friday, March 19.................................in session for legislative day 34 Saturday, March 20.............................in adjournment Sunday, March 21 ...............................in adjournment Monday, March 22..............................in session for legislative day 35 BE IT FURTHER RESOLVED that on and after March 22, 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 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. Senator Thompson of the 33rd introduced the doctor of the day, Dr. Robert Bashuk. SENATE RULES CALENDAR MONDAY, MARCH 15, 2004 THIRTY-SECOND LEGISLATIVE DAY SB 445 Local Government Cable Fair Competition Act of 1999; amend (Substitute)(RI&Util-9th) SB 453 Ad valorem tax; freeport personal property inventory exemption; renewal notices (Substitute)(FIN-30th) 1320 SB 560 SB 460 SB 495 SR 858 SB 263 SB 414 SB 594 SB 517 SB 392 SB 579 SR 678 SB 471 SB 588 SR 442 SR 461 MONDAY, MARCH 15, 2004 1315 Dispossesory Proceedings; service member rights; lease termination; definitions (V&MA-30th) Soil erosion and sedimentation; 25 foot buffers along state waters; change prov. (Substitute)(NR&E-49th) Georgia Minimum Wage Law; preempt certain wages/benefit; define terms (I&L-1st) Redevelopment; authorize Governor by executive order to establish commissions (V&MA-16th) Vital Records; birth certificate in legitimations, paternity, adoptions (Substitute)(S JUDY-2nd) Criminal Trial; prosecuting attorney; conclude argument to jury (Substitute)(JUDY-24th) Superior court judges; judicial circuits; initial appointment, election, term (Substitute)(JUDY-37th) Ethics in government; comprehensive revisions of provisions (Substitute)(ETHICS-52nd) Truancy Enforcement Act; school attendance; obtaining/maintaining permit (Amendment)(ED-52nd) Distance learning school; special K-12; authorize creation; funding; contracts (Amendment)(ED-24th) CA; Lottery Proceeds; operating expenses of lottery; educational programs (ED&T-30th) HOPE scholarships; method of eligibility; adopt reporting system; definitions (Substitute)(H ED-30th) Public monuments; protection of privately owned honoring military; penalties (RULES-53rd) Watershed Dams; committee to study safety issues (Amendment)(RULES-56th) Senate Medicaid Study Committee; create (Amendment)(RULES-45th) 1321 1316 JOURNAL OF THE SENATE SR 760 Joint Early Learning Initiative Commission; create (C&Y-46th) SR 863 Board of Regents/Education; student participation as poll workers; create avenue (SLGO(G)-45th) SR 321 Preservation of Evidence from Criminal Cases, Study Committee, creating (Amendment)(RULES-42nd) SR 827 Effects of Illegal Immigration; Senate Study Committee; creating (Amendment)(RULES-49th) SB 550 Building Codes; change state minimum codes; delete obsolete prov.; redefine (Amendment)(RI&Util-46th) SB 530 Water pollution control projects; grants; nonpoint source water pollution (Substitute)(NR&E-21st) SB 561 Electronic records/signatures; warranty deed; provide acceptance of signature (S&T-21st) SB 39 Building permits through certain electronic media; application; payments (Substitute)(S&T-21st) 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 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. The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 445: A BILL TO BE ENTITLED 1322 MONDAY, MARCH 15, 2004 1317 AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so to provide for exceptions from certain restrictions on cable television systems; to define a certain term; to provide that before a franchising authority authorizes a public provider to deliver cable services, it must notify each private provider operating in the market; to provide for notification of deficiencies and time for a response; to provide for a corrective plan; to provide for the preparation of a business plan by a proposed public cable provider; to provide for assumptions and specific findings; to provide for the contents of a business plan; to provide for notice and public hearings; to provide for an ordinance or resolution authorizing service by a public cable provider; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking in its entirety Code Section 36-18-5, relating to exceptions from certain restrictions on cable television systems, and inserting in lieu thereof the following: "36-18-5. This chapter shall not apply to any cable television system owned or operated by a city, a county, or a school system as to operations within the geographical area of such city, county, or school system." SECTION 2. Said title is further amended by striking in its entirety Code Section 36-90-2, relating to definitions related to the "Local Government Cable Fair Competition Act of 1999," and inserting in lieu thereof the following: "36-90-2. As used in this chapter, the term: (1) 'Authorization' means the official act of a franchising authority to allow a public provider to deliver service. (1)(2) 'Cable service' means: (A) The one-way transmission to subscribers of (i) video programming or (ii) other programming service; and (B) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. (2)(3) 'Capital costs' means all costs of providing a service which are capitalized in accordance with generally accepted governmental accounting principles. (3)(4) 'Cross-subsidization' or 'cross-subsidize' means the payment of any item of direct or indirect costs of providing a service which is not accounted for in the full cost accounting of providing the service. 1323 1318 JOURNAL OF THE SENATE (4)(5) 'Direct costs' means those expenses of a public provider which are directly attributable to the provision of a service that would be eliminated if the provision of said service were discontinued. (5)(6) 'FCC' means the Federal Communications Commission. (6)(7) 'Franchising authority' means any governmental entity which is empowered by law to grant a franchise and which is also a public provider. (7)(8) 'Full-cost accounting' means the accounting for all costs incurred by a public provider in providing a service, including all direct and indirect costs, as required by this chapter. In preparation of such accounting, a public provider shall utilize cost accounting standards promulgated by the federal Costs Accounting Standards Board of the federal Office of Management and Budget so as to assure that all direct and indirect costs are included. (8)(9) 'Generally accepted governmental accounting principles' means the accounting standards promulgated from time to time by the Governmental Accounting Standards Board. (9)(10) 'Indirect costs' means any costs identified with two or more services or other public provider functions and which are not directly identified with a single service. Indirect costs may include, but are not limited to, administration, accounting, personnel, purchasing, legal, and other staff or departmental support. Indirect costs shall be allocated to two or more services in proportion to the relative burden each respective service places upon the cost category. (10)(11) 'Private provider' means any person, firm, partnership, corporation, or association offering service, other than a public provider. (11)(12) 'Public provider' means any county, municipal corporation, or other political subdivision of the state which provides service; any authority or instrumentality acting on behalf of or for the benefit of any county, municipal corporation, or other political subdivision of the state which provides service; and any authority or instrumentality created by the state which provides service. (12)(13) 'Service' means cable service provided by a private provider or a public provider. (13)(14) 'Subscriber' means any private person lawfully receiving any cable service provided by a private or public provider by means of or in connection with a cable system." SECTION 3. Said chapter is further amended by striking in its entirety Code Section 36-90-3, relating to a requirement that public providers conduct a cost benefit analysis and a public hearing prior to the authorization to deliver service, and inserting in lieu thereof the following: "36-90-3. (a) Prior to the authorization to deliver service, a public provider must prepare reasonable projections of at least a three-year cost-benefit analysis which identifies and discloses the total projected direct costs and indirect costs of and revenues to be derived from providing the service. Such costs shall be determined by using generally accepted 1324 MONDAY, MARCH 15, 2004 1319 governmental accounting principles. (b) Prior to the authorization to deliver service, a public provider shall conduct at least one public hearing. A notice of the time, place, and date of the hearing shall be published in a newspaper of general circulation within the jurisdiction of the public provider once a week for the two weeks preceding the week in which the hearing is to be held. (a) Before a franchising authority may begin the authorization process of permitting a public provider to deliver service, the franchising authority must notify each private provider serving the targeted market that the franchising authority intends to begin the process of authorizing a public provider to provide cable service. The notice must state that the private provider is not meeting the present and future needs of the community and shall set forth each such unmet need separately and fully in order that the private provider may reasonably ascertain the scope and nature of the issues identified by the franchising authority. The franchising authority must allow each private provider 30 days to present a plan to address the identified needs not being met, including a reasonable period of time to implement the plan. Neither the notification nor response to the notification provided for in this subsection shall affect the franchise agreement between a private provider and a franchising authority. (b) If the franchising authority does not accept the private providers plan to address the identified issues submitted as provided in subsection (a) of this Code section, the franchising authority shall then conduct an independent feasibility analysis and require the public provider to prepare a business plan to provide service. Such business plan shall set forth assumptions and specific findings as to: (1) The cable service market share to be obtained by the public provider over a fouryear period; (2) The programming service offerings; (3) Reasonable projections, for a period of at least four years, of the revenue and the direct, indirect, and imputed operating costs of providing service; (4) The equipment needed to provide the service; (5) The source and adequacy of the total direct and indirect capital to construct and operate the proposed system; (6) The repayment of the debt service, including the length of payback of the principal debt; (7) A cost-benefit analysis that shows a range of assumptions relating to market penetration rates, subscription rates, operating costs, and capital outlay; (8) Assumptions as to programming costs; (9) Assumptions as to actual or potential competition from all other providers; (10) The allocation of costs between the public provider and other municipal operations; and (11) The ability to address the issues cited in the notice to the private providers specified in subsection (a) of this Code section. (c) In order for the business plan provided for in subsection (b) of this Code section to be adopted and the process to move forward, the business plan shall include, at a 1325 1320 JOURNAL OF THE SENATE minimum, the following components: (1) The total homes passed, provided that such shall be certified by the appropriate official responsible for municipal tax or census; (2) Cable service basic penetration, estimated subscribers, and total homes passed, provided that such shall be reflective of the market analysis and not presume a penetration achieved by the fourth year of operation in excess of 40 percent without full independent verification; (3) The overall estimated revenue takeout per home, provided that the same shall not exceed by more than 5 percent the amount being achieved by the private provider as developed from such publicly available information as franchise fee reports; (4) The estimated miles of cable plant, provided that such shall be determined based on an actual survey conducted by public works employees and certified as to method and findings by a responsible supervisor; (5) The average construction cost per cable service subscriber or cable plant mile or both, provided that such shall be based on an estimate provided by an independent supplier; and (6) A definitive plan for the servicing of any capital utilized to fund the construction and operation of the cable system, including a reasonable payback period at an interest rate reflective of the public market and the inherent risks of the business. (d) Prior to granting the authorization to the public provider, the franchising authority shall conduct at least two public hearings held at least two weeks apart. The public provider shall publish its business plan in its entirety and provide a complete copy to each private provider at least 30 days before the first public hearing. Such notice shall state that the business plan prepared by the public provider is available for public inspection each business day prior to the authorization and shall state the location where such inspection may be made. Notice of the time, place, and date of each hearing shall be published in a newspaper of general circulation within the jurisdiction of the county or municipality once a week for the two weeks preceding the week in which the hearing is to be held. In addition, the private provider shall be given two weeks written notice of the proposed hearing. (e) Any authorization by the franchising authority shall be by passage of an ordinance or resolution and must: (1) Find that the public provider possesses satisfactory financial and technical capability to be a public provider; (2) Set forth the terms and conditions with respect to franchise terms and conditions, conditions of access to public property, and pole attachment; and (3) Adopt the business plan." SECTION 4. 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. 1326 MONDAY, MARCH 15, 2004 1321 The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen N Brown Y Brush Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis E Golden Y Hall Y Hamrick N 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 Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 47, nays 3. SB 445, having received the requisite constitutional majority, was passed by substitute. 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 personal property inventory exemption, so as to provide for renewal notices; to repeal conflicting laws; and for other purposes. The Senate Finance Committee offered the following substitute to SB 453: 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 personal property inventory exemption, so as to 1327 1322 JOURNAL OF THE SENATE provide for renewal notices; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-5-48.1 of the Official Code of Georgia Annotated, relating to procedures applicable to the freeport personal property inventory exemption, is amended by adding a new subsection at the end thereof, to be designated subsection (e), to read as follows: "(e) If the tangible personal property inventory exemption has been granted to a taxpayer for a taxable year, the county board of tax assessors shall issue a notice of renewal to the taxpayer for the immediately following taxable year. Such notice of renewal shall be issued not later than January 15 of such immediately following taxable year to facilitate the filing of a timely application and schedule by the taxpayer for such taxable year." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 37, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Bulloch Y Butler Y Cagle Y Cheeks Clay Y Collins Y Crotts Y Dean Fort Y Gillis E Golden 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 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 1328 MONDAY, MARCH 15, 2004 1323 Y Hall Y Hamrick Y Reed Y Seabaugh Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. SB 453, having received the requisite constitutional majority, was passed by substitute. SB 560. By Senators Hamrick of the 30th, Mullis of the 53rd, Tolleson of the 18th, Kemp of the 46th, Thomas of the 54th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits, so as to change the provisions relating to the rights of service members and their dependents to terminate a lease of premises occupied or intended to be occupied for a residential, professional, business, agricultural, or similar purpose at any time after the tenants entry into military service or at any time after the date of the tenants military orders; to provide for definitions; to provide for qualifications and restrictions; to provide for the rights and liabilities of service members and their dependents; to provide for practices, procedures, and notices; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Bulloch Y Butler Y Cagle Y Cheeks Clay Y Collins Y Crotts Y Dean Fort Y Gillis E Golden 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 Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams 1329 1324 JOURNAL OF THE SENATE Y Hall Hamrick Y Reed Y Seabaugh Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. SB 560, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: SB 24. By Senator Cheeks of the 23rd: A BILL to be entitled an Act to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies and child care facilities, standards, revocation or refusal of license, penalties, and violations, so as to provide that the owner of any daycare center, family day-care home, group day-care facility, or group day-care home which is not covered by liability insurance shall post that fact in a conspicuous place in the facility; to provide for notice to the parent or guardian of each child under the care of the facility; to provide that each such parent or guardian must acknowledge receipt of such notice in writing and a copy of such acknowledgment shall be maintained on file at the facility; to provide a penalty; to repeal conflicting laws; and for other purposes. Senator Cheeks of the 23rd moved that the Senate recede from its disagreement to the House amendment to SB 24. On the motion, a roll call was taken and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Bulloch Y Butler Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson 1330 MONDAY, MARCH 15, 2004 1325 Y Gillis E Golden Y Hall Hamrick Y Mullis Y Price Y Reed Y Seabaugh Y Unterman Y Williams Zamarripa On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate receded from its disagreement to the House amendment to SB 24. The following communication from His Excellency, Governor Sonny Perdue, was received by the Secretary: STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 Sonny Perdue Governor March 10, 2004 The Honorable Mark Taylor Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, GA 30334 Dear Lieutenant Governor and Members of the Senate: I submit to you, as provided by law, the following appointments for confirmation: The Honorable Thomas Eugene Bowen of Dekalb County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning November 18, 2003, and ending March 15, 2006. The Honorable Ann Bass Crowder of Chatham County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning November 18, 2003, and ending March 15, 2008. The Honorable Harry Simms Downs of Rockdale County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning November 18, 2003, and ending January 1, 2008. 1331 1326 JOURNAL OF THE SENATE The Honorable William Rowland Jerles, Jr. of Houston County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning November 18, 2003, and ending March 15, 2007. The Honorable Eunice L. Mixon of Tift County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning August 18, 2003, and ending March 15, 2006. The Honorable Edmund Harold Wilson of Floyd County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning December 17, 2003, and ending March 15, 2007. The Honorable Jerilyn Ann Barr of Cherokee County, as a member of the Board of Commissioners of the Commission for Equal Opportunity, for the term of office beginning December 17, 2003, and ending September 29, 2005. The Honorable Barbara H. Gunn of Fulton County, as a member of the Board of Commissioners of the Commission for Equal Opportunity, for the term of office beginning December 17, 2003, and ending September 29, 2005. The Honorable Dudley Cecile Rochelle of Cobb County, as a member of the Board of Commissioners of the Commission for Equal Opportunity, for the term of office beginning December 17, 2003, and ending September 29, 2005. The Honorable George Lynwood DeLoach of Burke County, as a member of the Board of Community Affairs, for the term of office beginning August 13, 2003, and ending July 1, 2008. The Honorable Brett Alexander Harrell of Gwinnett County, as a member of the Board of Community Affairs, for the term of office beginning August 13, 2003, and ending July 1, 2007. The Honorable Bebe Ann Heiskell of Walker County, as a member of the Board of Community Affairs, for the term of office beginning August 13, 2003, and ending July 1, 2008. The Honorable Joseph Alva Hopkins of Charlton County, as a member of the Board of Community Affairs, for the term of office beginning August 13, 2003, and ending July 1, 2008. The Honorable Oney Hardwick Hudson, II of Bibb County, as a member of the Board of Community Affairs, for the term of office beginning August 13, 2003, and ending July 1, 2006. 1332 MONDAY, MARCH 15, 2004 1327 The Honorable Gregg W. Jones of Dougherty County, as a member of the Board of Community Affairs, for the term of office beginning August 13, 2003, and ending July 1, 2006. The Honorable Samuel S. Olens of Cobb County, as a member of the Board of Community Affairs, for the term of office beginning August 13, 2003, and ending July 1, 2007. The Honorable Hugh Brewster Williamson of Walton County, as a member of the Board of Community Affairs, for the term of office beginning August 13, 2003, and ending July 1, 2008. The Honorable Norman Lee Yates of Laurens County, as a member of the Board of Community Affairs, for the term of office beginning August 13, 2003, and ending July 1, 2005. The Honorable Robert L. Brown of DeKalb County, as a member of the Board of Corrections, for the term of office beginning February 5, 2004, and ending July 1, 2008. The Honorable Wayne A. Dasher of Tattnall County, as a member of the Board of Corrections, for the term of office beginning February 5, 2004, and ending July 1, 2007. The Honorable Roger D. Garrison of Cherokee County, as a member of the Board of Corrections, for the term of office beginning February 5, 2004, and ending January 1, 2007. The Honorable Charles D. Hudson of Troup County, as a member of the Board of Corrections, for the term of office beginning July 3, 2003, and ending July 1, 2008. The Honorable Robert Eugene Jones of Morgan County, as a member of the Board of Corrections, for the term of office beginning February 5, 2004, and ending July 1, 2008. The Honorable William C. Massee of Baldwin County, as a member of the Board of Corrections, for the term of office beginning February 5, 2004, and ending July 1, 2008. The Honorable John Mayes of Floyd County, as a member of the Board of Corrections, for the term of office beginning March 4, 2004, and ending July 1, 2007. The Honorable Tommy Marvin Rouse of Ware County, as a member of the Board of Corrections, for the term of office beginning February 5, 2004, and ending January 1, 2007. 1333 1328 JOURNAL OF THE SENATE The Honorable Ellison Garner Wood of Bulloch County, as a member of the Board of Corrections, for the term of office beginning December 1, 2003, and ending January 1, 2007. The Honorable Rayna Joan Casey of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning August 6, 2003, and ending December 15, 2007. The Honorable Barbara M. Dooley of Clarke County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning June 4, 2003, and ending December 5, 2006. The Honorable Dave Garrett of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning August 5, 2003, and ending December 15, 2007. The Honorable James Ivey of Oconee County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning June 4, 2003, and ending December 15, 2006. The Honorable Jeffrey Jay Anderson of Forsyth County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning October 8, 2003, and ending June 1, 2007. The Honorable Kenneth Ray Bernard of Douglas County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning September 8, 2003, and ending June 1, 2007. The Honorable Sam Gude of Fulton County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning September 4, 2003, and ending June 1, 2007. The Honorable Lee Morris of Fulton County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning September 8, 2003, and ending June 1, 2007. The Honorable Narender G. Reddy of Gwinnett County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning October 8, 2003, and ending June 1, 2007. The Honorable John Sibley of Fulton County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning September 4, 2003, and ending June 1, 2007. 1334 MONDAY, MARCH 15, 2004 1329 The Honorable J.T. Williams of Henry County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning February 11, 2004, and ending June 1, 2007. The Honorable David Bush Allman of Fulton County, as a member of the Board of Governors of the George L. Smith II Georgia World Congress Center Authority, for the term of office beginning December 1, 2003, and ending July 1, 2006. The Honorable Raymond Eugene Anderson of Fulton County, as a member of the Board of Governors of the George L. Smith II Georgia World Congress Center Authority, for the term of office beginning February 11, 2004, and ending July 1, 2006. The Honorable Nancy Nally Coverdell of Glynn County, as a member of the Board of Governors of the George L. Smith II Georgia World Congress Center Authority, for the term of office beginning December 1, 2003, and ending July 1, 2005. The Honorable Harold Allen Dawson, Jr. of Fulton County, as a member of the Board of Governors of the George L. Smith II Georgia World Congress Center Authority, for the term of office beginning December 1, 2003, and ending July 1, 2006. The Honorable James C. Edenfield of Fulton County, as a member of the Board of Governors of the George L. Smith II Georgia World Congress Center Authority, for the term of office beginning December 1, 2003, and ending July 1, 2006. The Honorable Anne Griffith Hennessy of Fulton County, as a member of the Board of Governors of the George L. Smith II Georgia World Congress Center Authority, for the term of office beginning December 1, 2003, and ending July 1, 2006. The Honorable Martin N. Kogon of Fulton County, as a member of the Board of Governors of the George L. Smith II Georgia World Congress Center Authority, for the term of office beginning December 1, 2003, and ending July 1, 2006. The Honorable LaRon Bennett of Glynn County, as a member of the Board of Human Resources, for the term of office beginning September 17, 2003, and ending April 6, 2005. The Honorable Mary Burns of Fulton County, as a member of the Board of Human Resources, for the term of office beginning November 19, 2003, and ending April 6, 2007. The Honorable Donald Eugene Cole of Dougherty County, as a member of the Board of Human Resources, for the term of office beginning September 17, 2003, and ending April 6, 2008. 1335 1330 JOURNAL OF THE SENATE The Honorable Galen Eugene Cole of Gwinnett County, as a member of the Board of Human Resources, for the term of office beginning December 17, 2003, and ending April 6, 2007. The Honorable Bruce Ebert Cook of Cobb County, as a member of the Board of Human Resources, for the term of office beginning September 17, 2003, and ending April 6, 2007. The Honorable Robertiena Fletcher of Houston County, as a member of the Board of Human Resources, for the term of office beginning September 17, 2003, and ending April 6, 2006. The Honorable Willene Grant of Elbert County, as a member of the Board of Human Resources, for the term of office beginning September 17, 2003, and ending April 6, 2006. The Honorable Iffath Abbasi Hoskins of Chatham County, as a member of the Board of Human Resources, for the term of office beginning November 19, 2003, and ending April 6, 2007. The Honorable Elizabeth McKelvey Martin of Muscogee County, as a member of the Board of Human Resources, for the term of office beginning November 19, 2003, and ending April 6, 2008. The Honorable Anne O'Quin Mueller of Chatham County, as a member of the Board of Human Resources, for the term of office beginning September 17, 2003, and ending April 6, 2007. The Honorable Vernadette Ramirez-Broyles of Cobb County, as a member of the Board of Human Resources, for the term of office beginning September 17, 2003, and ending April 6, 2006. The Honorable Monica Hoover Walters of Lamar County, as a member of the Board of Human Resources, for the term of office beginning November 19, 2003, and ending April 6, 2007. The Honorable Earl Barrs of Bleckley County, as a member of the Board of Industry, Trade and Tourism, for the term of office beginning August 12, 2003, and ending July 1, 2005. The Honorable Anna R. Cablik of Cobb County, as a member of the Board of Industry, Trade and Tourism, for the term of office beginning August 12, 2003, and ending July 1, 2007. 1336 MONDAY, MARCH 15, 2004 1331 The Honorable Dwight H. Evans of Fulton County, as a member of the Board of Industry, Trade and Tourism, for the term of office beginning August 12, 2003, and ending July 1, 2008. The Honorable William M. Jones of Rabun County, as a member of the Board of Industry, Trade and Tourism, for the term of office beginning August 12, 2003, and ending July 1, 2006. The Honorable Eugene "Chip" Pearson of Dawson County, as a member of the Board of Industry, Trade and Tourism, for the term of office beginning August 12, 2003, and ending July 1, 2008. The Honorable Thomas J. Ratcliffe of Liberty County, as a member of the Board of Industry, Trade and Tourism, for the term of office beginning August 12, 2003, and ending July 1, 2006. The Honorable Stan Thomas of Fayette County, as a member of the Board of Industry, Trade and Tourism, for the term of office beginning August 12, 2003, and ending July 1, 2007. The Honorable Harriette Debro Watkins of Clayton County, as a member of the Board of Industry, Trade and Tourism, for the term of office beginning August 12, 2003, and ending January 1, 2008. The Honorable John Thomas Wiley of Fulton County, as a member of the Board of Industry, Trade and Tourism, for the term of office beginning August 12, 2003, and ending July 1, 2007. The Honorable Abner Paul Wood of DeKalb County, as a member of the Board of Industry, Trade and Tourism, for the term of office beginning August 12, 2003, and ending July 1, 2005. The Honorable Tommy Lee Burgess of Richmond County, as a member of the Board of Juvenile Justice, for the term of office beginning November 10, 2003, and ending July 6, 2006. The Honorable Donnie Haralson of Crisp County, as a member of the Board of Juvenile Justice, for the term of office beginning February 26, 2004, and ending July 6, 2007. The Honorable Elizabeth Green Lindsey of Fulton County, as a member of the Board of Juvenile Justice, for the term of office beginning February 26, 2004, and ending July 6, 2007. 1337 1332 JOURNAL OF THE SENATE The Honorable William Bryant McQueen of Fulton County, as a member of the Board of Juvenile Justice, for the term of office beginning November 10, 2003, and ending July 6, 2007. The Honorable Daniel Augustus Menefee of Muscogee County, as a member of the Board of Juvenile Justice, for the term of office beginning November 10, 2003, and ending July 6, 2007. The Honorable John Daniel Shuman of Tattnall County, as a member of the Board of Juvenile Justice, for the term of office beginning November 10, 2003, and ending July 6, 2008. The Honorable Mary E. Wilhite of Cherokee County, as a member of the Board of Juvenile Justice, for the term of office beginning November 10, 2003, and ending July 6, 2006. The Honorable William A. Carruth of Paulding County, as a member of the Board of Natural Resources, for the term of office beginning June 24, 2003, and ending January 1, 2010. The Honorable Phyllis T. Johnson of Jeff Davis County, as a member of the Board of Natural Resources, for the term of office beginning July 3, 2003, and ending March 16, 2009. The Honorable Thomas W. Wheeler, Jr. of Fulton County, as a member of the Board of Natural Resources, for the term of office beginning January 1, 2004, and ending January 1, 2011. The Honorable David H. Averitt of Bulloch County, as a member of the Board of Public Safety, for the term of office beginning November 10, 2003, and ending January 1, 2006. The Honorable Rooney L. Bowen, III of Dooly County, as a member of the Board of Public Safety, for the term of office beginning October 3, 2003, and ending September 1, 2006. The Honorable Louis M. Dekmar of Troup County, as a member of the Board of Public Safety, for the term of office beginning October 3, 2003, and ending January 20, 2006. The Honorable Patrick H. Head of Cobb County, as a member of the Board of Public Safety, for the term of office beginning November 10, 2003, and ending January 20, 2006. 1338 MONDAY, MARCH 15, 2004 1333 The Honorable Lisa Godbey Wood of Glynn County, as a member of the Board of Public Safety, for the term of office beginning November 10, 2003, and ending January 20, 2006. The Honorable Julie Ewing Hunt of Tift County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 1, 2004, and ending January 1, 2011. The Honorable William Mansfield Jennings of Pulaski County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning June 10, 2003, and ending January 1, 2006. The Honorable Jim Jolly of Whitfield County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning November 17, 2003, and ending January 1, 2008. The Honorable Elridge W. McMillan of Fulton County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning August 6, 2003, and ending January 1, 2010. The Honorable Patrick Samuel Pittard of Rabun County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning June 10, 2003, and ending January 1, 2008. The Honorable Doreen Stiles Poitevint of Decatur County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 13, 2004, and ending January 1, 2011. The Honorable Miguel Allan Vigil of Clayton County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning August 6, 2003, and ending January 1, 2010. The Honorable Mark Edwin Chastain of Gilmer County, as a member of the Board of Registration of Professional Engineers and Land Surveyors, for the term of office beginning December 18, 2003, and ending June 1, 2006. The Honorable Guy F. Ritter of Rabun County, as a member of the Board of Registration of Professional Engineers and Land Surveyors, for the term of office beginning December 18, 2003, and ending June 1, 2008. The Honorable Theodore W. Waddle of Houston County, as a member of the Board of Registration of Professional Engineers and Land Surveyors, for the term of office beginning December 18, 2003, and ending June 1, 2006. 1339 1334 JOURNAL OF THE SENATE The Honorable Doris I. Willmer of Fulton County, as a member of the Board of Registration of Professional Engineers and Land Surveyors, for the term of office beginning December 18, 2003, and ending June 1, 2007. The Honorable Ned J. Winsor of DeKalb County, as a member of the Board of Trustees of the Employees' Retirement System of Georgia, for the term of office beginning February 10, 2004, and ending June 30, 2007. The Honorable William Dale Gardner of Hall County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning August 26, 2003, and ending June 30, 2005. The Honorable Miriam Dubose Gudenrath of Bibb County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning August 26, 2003, and ending June 30, 2006. The Honorable David W. Renz of Whitfield County, as a member of the Brain and Spinal Injury Trust Fund Commission, for the term of office beginning June 5, 2003, and ending December 8, 2004. The Honorable Charles Mitchell Warnock of Laurens County, as a member of the Brain and Spinal Injury Trust Fund Commission, for the term of office beginning June 13, 2003, and ending December 8, 2004. The Honorable Kathryn Garnett O'Neal of Houston County, as a member of the Child Advocate Advisory Committee, for the term of office beginning February 25, 2004, and ending January 31, 2005. The Honorable T. Wayne Bloodworth of Fulton County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning October 3, 2003, and ending July 1, 2006. The Honorable Grace V. Davis of Worth County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning October 3, 2003, and ending July 1, 2006. The Honorable Joe Finley of Fulton County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning October 3, 2003, and ending July 1, 2006. The Honorable Vinayak Kamath of Columbia County, as a member of the Composite State Board of Medical Examiners, for the term of office beginning October 3, 2003, and ending July 1, 2006. 1340 MONDAY, MARCH 15, 2004 1335 The Honorable Roy Dean Cates of Wilkes County, as a member of the Georgia Auctioneers Commission, for the term of office beginning December 18, 2003, and ending August 14, 2006. The Honorable Norman G. Echols of Henry County, as a member of the Georgia Auctioneers Commission, for the term of office beginning December 18, 2003, and ending August 14, 2007. The Honorable Charles F. Gay of Floyd County, as a member of the Georgia Auctioneers Commission, for the term of office beginning December 18, 2003, and ending August 14, 2004. The Honorable J. Terry Hansford of Ware County, as a member of the Georgia Auctioneers Commission, for the term of office beginning December 18, 2003, and ending August 14, 2007. The Honorable James A. Anchors of Cobb County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning June 3, 2003, and ending August 20, 2007. The Honorable Jackson Craig Patterson of Houston County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning June 4, 2003, and ending August 20, 2006. The Honorable David A. Wren of Lee County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning June 4, 2003, and ending August 20, 2005. The Honorable Stephan F. Holcomb of Houston County, as a member of the Georgia Board of Dentistry, for the term of office beginning December 12, 2003, and ending January 4, 2008. The Honorable Logan Nalley, Jr., of Richmond County, as a member of the Georgia Board of Dentistry, for the term of office beginning December 18, 2003, and ending August 1, 2008. The Honorable Willis J. Walker of Richmond County, as a member of the Georgia Board of Dentistry, for the term of office beginning December 18, 2003, and ending January 4, 2008. The Honorable Joan Fischer of Clarke County, as a member of the Georgia Board of Examiners of Licensed Dietitians, for the term of office beginning June 24, 2003, and ending June 30, 2005. 1341 1336 JOURNAL OF THE SENATE The Honorable Lula Bell Hutchinson of Doughtery County, as a member of the Georgia Board of Examiners of Licensed Dietitians, for the term of office beginning July 1, 2003, and ending June 30, 2007. The Honorable Tracey Neely of Richmond County, as a member of the Georgia Board of Examiners of Licensed Dietitians, for the term of office beginning June 24, 2003, and ending June 30, 2005. The Honorable Nancy Giles Walters of Richmond County, as a member of the Georgia Board of Examiners of Licensed Dietitians, for the term of office beginning June 24, 2003, and ending June 30, 2005. The Honorable DeeDee G. Williams of Troup County, as a member of the Georgia Board of Examiners of Licensed Dietitians, for the term of office beginning February 12, 2004, and ending June 30, 2007. The Honorable Jaydee Atkins Ager of Houston County, as a member of the Georgia Board of Landscape Architects, for the term of office beginning December 18, 2003, and ending July 1, 2007. The Honorable Linda Herren of DeKalb County, as a member of the Georgia Board of Nursing, for the term of office beginning August 28, 2003, and ending September 23, 2005. The Honorable Scott Carter Thigpen of Coffee County, as a member of the Georgia Board of Nursing, for the term of office beginning September 27, 2003, and ending September 23, 2004. The Honorable Gary A. Baker of Bibb County, as a member of the Georgia Board of Private Detective and Security Agencies, for the term of office beginning June 24, 2003, and ending July 1, 2003, and for the subsequent term of office beginning July 1, 2003, and ending July 1, 2005. The Honorable Woodrow Blue of Baldwin County, as a member of the Georgia Board of Private Detective and Security Agencies, for the term of office beginning June 23, 2003, and ending July 1, 2005. The Honorable James "Tripp" Mitchell of Fulton County, as a member of the Georgia Board of Private Detective and Security Agencies, for the term of office beginning July 2, 2003, and ending July 1, 2007. The Honorable John C. Villines of Clarke County, as a member of the Georgia Board of Private Detective and Security Agencies, for the term of office beginning June 24, 2003, 1342 MONDAY, MARCH 15, 2004 1337 and ending July 1, 2004. The Honorable Robert F. Warner of Houston County, as a member of the Georgia Board of Private Detective and Security Agencies, for the term of office beginning August 27, 2003, and ending July 1, 2004. The Honorable Michael Aaron Altman of Fulton County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning November 14, 2003, and ending July 1, 2008. The Honorable Claire Allen D'Agostino of Fulton County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning November 14, 2003, and ending July 1, 2008. The Honorable David Rubenstein of Fulton County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning November 14, 2003, and ending July 1, 2008. The Honorable Brian Marc Rubenstein of Dekalb County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning December 19, 2003, and ending July 1, 2008. The Honorable Russell R. Weiskircher of White County, as a member of the Georgia Commission on the Holocaust, for the term of office beginning November 14, 2003, and ending July 1, 2008. The Honorable William Carlos Jackson of Banks County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning February 26, 2004, and ending December 31, 2005. The Honorable Janet H. Lenard of Columbia County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning February 13, 2004, and ending December 31, 2005. The Honorable Janet H. Ligon of Cobb County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, for the term of office beginning February 13, 2004, and ending December 31, 2005. The Honorable Jacob Fred Redmon of Houston County, as a member of the Georgia Development Authority, for the term of office beginning December 10, 2003, and ending July 1, 2006. 1343 1338 JOURNAL OF THE SENATE The Honorable James W. Andrews of Washington County, as a member of the Georgia Environmental Facilities Authority, for the term of office beginning December 1, 2003, and ending July 1, 2005. The Honorable Robert Edward Knox, Jr. of McDuffie County, as a member of the Georgia Environmental Facilities Authority, for the term of office beginning December 1, 2003, and ending July 1, 2006. The Honorable Louise Stewart Shackelford of Laurens County, as a member of the Georgia Environmental Facilities Authority, for the term of office beginning December 1, 2003, and ending July 1, 2006. The Honorable Lee M. Thomas of Fulton County, as a member of the Georgia Environmental Facilities Authority, for the term of office beginning January 27, 2004, and ending July 1, 2006. The Honorable J.C. Warren of Screven County, as a member of the Georgia Environmental Facilities Authority, for the term of office beginning December 1, 2003, and ending July 1, 2006. The Honorable Ann C. Dorsey of Fulton County, as a member of the Georgia Public Telecommunications Commission, for the term of office beginning November 20, 2003, and ending June 30, 2004. The Honorable Jeanne Rolfe Ferst of Fulton County, as a member of the Georgia Public Telecommunications Commission, for the term of office beginning November 20, 2003, and ending June 30, 2006. The Honorable Arthur Joel Morris of Fulton County, as a member of the Georgia Public Telecommunications Commission, for the term of office beginning December 17, 2003, and ending June 30, 2004. The Honorable Janice Foran Paul of Fulton County, as a member of the Georgia Public Telecommunications Commission, for the term of office beginning November 20, 2003, and ending June 30, 2006. The Honorable Lowell Lonnell Register of Bibb County, as a member of the Georgia Public Telecommunications Commission, for the term of office beginning November 20, 2003, and ending June 30, 2005. The Honorable John William Bonner of Fayette County, as a member of the Georgia Real Estate Commission, for the term of office beginning December 18, 2003, and ending January 25, 2008. 1344 MONDAY, MARCH 15, 2004 1339 The Honorable Henry James Mehserle of Houston County, as a member of the Georgia State Board of Architects and Interior Designers, for the term of office beginning February 12, 2004, and ending March 5, 2005. The Honorable Anne K. Smith of Chatham County, as a member of the Georgia State Board of Architects and Interior Designers, for the term of office beginning February 12, 2004, and ending March 5, 2005. The Honorable Darvin Randall Eason of Cook County, as a member of the Georgia Tobacco Community Development Board, for the term of office beginning November 13, 2003, and ending August 26, 2005. The Honorable Emory Jack Mixon of Ware County, as a member of the Georgia Tobacco Community Development Board, for the term of office beginning November 13, 2003, and ending August 26, 2005. The Honorable Kerry Van Moore of Coffee County, as a member of the Georgia Tobacco Community Development Board, for the term of office beginning November 13, 2003, and ending August 26, 2005. The Honorable Gary Bechtel of Bibb County, as a member of the Professional Standards Commission, for the term of office beginning August 11, 2003, and ending July 1, 2005. The Honorable Stephen R. Dartt of Gwinnett County, as a member of the Professional Standards Commission, for the term of office beginning February 11, 2004, and ending July 1, 2006. The Honorable Terri DeLoach of Pierce County, as a member of the Professional Standards Commission, for the term of office beginning August 12, 2003, and ending July 1, 2006. The Honorable Amy M. Denty of Wayne County, as a member of the Professional Standards Commission, for the term of office beginning August 12, 2003, and ending July 1, 2006. The Honorable Jean Roberson Ebron of Muscogee County, as a member of the Professional Standards Commission, for the term of office beginning February 11, 2004, and ending July 1, 2004. The Honorable Carolyn Lee Hart of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning August 12, 2003, and ending July 1, 2005. 1345 1340 JOURNAL OF THE SENATE The Honorable Eugene "Bo" Slack of Worth County, as a member of the Professional Standards Commission, for the term of office beginning August 12, 2003, and ending July 1, 2005. The Honorable Craig Douglas Smith of Baldwin County, as a member of the Professional Standards Commission, for the term of office beginning August 12, 2003, and ending July 1, 2005. The Honorable Diane Freeman Drake of Clayton County, as a member of the State Board of Dispensing Opticians, for the term of office beginning July 31, 2003, and ending April 16, 2004. The Honorable Glenn McCoy Morris of Richmond County, as a member of the State Board of Dispensing Opticians, for the term of office beginning July 31, 2003, and ending April 16, 2005. The Honorable Stephan Everett Sanford of Gwinnett County, as a member of the State Board of Dispensing Opticians, for the term of office beginning July 31, 2003, and ending April 16, 2006. The Honorable Thomas Lynn Schultz of Dekalb County, as a member of the State Board of Dispensing Opticians, for the term of office beginning July 31, 2003, and ending March 16, 2007. The Honorable Clarence Dean Alford of Clayton County, as a member of the State Board of Education, for the term of office beginning July 3, 2003, and ending January 1, 2010. The Honorable Joy S. Berry of Fulton County, as a member of the State Board of Education, for the term of office beginning January 1, 2004, and ending January 1, 2011. The Honorable James Edward Bostic of Fulton County, as a member of the State Board of Education, for the term of office beginning June 10, 2003, and ending January 1, 2004, and for the subsequent term of office beginning January 1, 2004, and ending January 1, 2011. The Honorable Albert M. Hodge of Floyd County, as a member of the State Board of Education, for the term of office beginning January 1, 2004, and ending January 1, 2011. The Honorable Barbara Baxter of Cherokee County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning August 12, 2003, and ending December 29, 2003. 1346 MONDAY, MARCH 15, 2004 1341 The Honorable Donna Louise Johnson of Fulton County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning August 27, 2003, and ending October 29, 2004. The Honorable Nancy Lee Rinn of Muscogee County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning August 27, 2003, and ending June 4, 2004. The Honorable Gregory Malone Wren of Stephens County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning August 27, 2003, and ending June 4, 2005. The Honorable Janet Simpson Young of Ben Hill County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning August 27, 2003, and ending December 29, 2003, and for the subsequent term of office beginning December 29, 2003, and ending December 29, 2006. The Honorable Kendyl Brock of Richmond County, as a member of the State Board of Occupational Therapy, for the term of office beginning July 25, 2003, and ending December 31, 2006. The Honorable Karen Louise Cadaret of Fulton County, as a member of the State Board of Occupational Therapy, for the term of office beginning July 31, 2003, and ending December 31, 2005. The Honorable Kathleen Hampton Conyers of Clayton County, as a member of the State Board of Occupational Therapy, for the term of office beginning July 31, 2003, and ending December 31, 2006. The Honorable Donna J. Domyslawski of Columbia County, as a member of the State Board of Occupational Therapy, for the term of office beginning July 31, 2003, and ending December 31, 2005. The Honorable Garland Raphael Hunt of Fulton County, as a member of the State Board of Pardons and Paroles, for the term of office beginning January 21, 2004, and ending December 31, 2010. The Honorable Frederick Winston Barber of Pierce County, as a member of the State Board of Pharmacy, for the term of office beginning November 4, 2003, and ending November 1, 2007. The Honorable Robbie T. Dial of Cobb County, as a member of the State Board of Pharmacy, for the term of office beginning February 12, 2004, and ending July 6, 2008. 1347 1342 JOURNAL OF THE SENATE The Honorable Donald Lewis Chapman of Fulton County, as a member of the State Board of Technical and Adult Education, for the term of office beginning September 3, 2003, and ending June 30, 2007. The Honorable Ben Irvin Copeland, Sr. of Lanier County, as a member of the State Board of Technical and Adult Education, for the term of office beginning September 3, 2003, and ending June 30, 2005. The Honorable Michael Christopher Daniel of Clarke County, as a member of the State Board of Technical and Adult Education, for the term of office beginning December 4, 2003, and ending June 30, 2007. The Honorable Mary P. Flanders of Chatham County, as a member of the State Board of Technical and Adult Education, for the term of office beginning December 4, 2003, and ending June 30, 2008. The Honorable Cedric Jerome Johnson of Richmond County, as a member of the State Board of Technical and Adult Education, for the term of office beginning July 1, 2003, and ending June 30, 2008. The Honorable Warren "Rhubarb" Jones of Cobb County, as a member of the State Board of Technical and Adult Education, for the term of office beginning July 1, 2003, and ending June 30, 2008. The Honorable Debra M. Lyons of Houston County, as a member of the State Board of Technical and Adult Education, for the term of office beginning September 3, 2003, and ending June 30, 2005. The Honorable Tyre Louis Rakestraw of Paulding County, as a member of the State Board of Technical and Adult Education, for the term of office beginning September 3, 2003, and ending June 30, 2007. The Honorable Sandra B. Reed of Thomas County, as a member of the State Board of Technical and Adult Education, for the term of office beginning January 13, 2004, and ending June 30, 2008. The Honorable Harold R. Reynolds of Greene County, as a member of the State Board of Technical and Adult Education, for the term of office beginning January 13, 2004, and ending June 30, 2008. The Honorable Allen C. Rice of Toombs County, as a member of the State Board of Technical and Adult Education, for the term of office beginning July 1, 2003, and ending June 30, 2008. 1348 MONDAY, MARCH 15, 2004 1343 The Honorable Stephen Charles Rieck of Clayton County, as a member of the State Board of Technical and Adult Education, for the term of office beginning July 1, 2003, and ending June 30, 2008. The Honorable Jimmy Carl Tallent of Union County, as a member of the State Board of Technical and Adult Education, for the term of office beginning July 1, 2003, and ending June 30, 2008. The Honorable Needham Bateman of DeKalb County, as a member of the State Board of Veterinary Medicine, for the term of office beginning June 23, 2003, and ending September 16, 2003. The Honorable James Brett of Tift County, as a member of the State Board of Veterinary Medicine, for the term of office beginning June 23, 2003, and ending September 16, 2004. The Honorable Hugh Hill of Houston County, as a member of the State Board of Veterinary Medicine, for the term of office beginning June 24, 2003, and ending September 16, 2005. The Honorable Jan Creighton Hines, DMV of Fulton County, as a member of the State Board of Veterinary Medicine, for the term of office beginning August 27, 2003, and ending September 16, 2006. The Honorable James Charles Lance, Jr. of Taylor County, as a member of the State Board of Veterinary Medicine, for the term of office beginning September 16, 2003, and ending June 30, 2005. The Honorable Eugene T. Maddox of Thomas County, as a member of the State Board of Veterinary Medicine, for the term of office beginning June 24, 2003, and ending June 24, 2008. The Honorable Holly Hunt Bradford of Fulton County, as a member of the State Children's Trust Fund Commission, for the term of office beginning February 25, 2004, and ending June 30, 2007. The Honorable William Charles Fuqua of Lowndes County, as a member of the State Children's Trust Fund Commission, for the term of office beginning February 25, 2004, and ending June 30, 2006. The Honorable Lori Hutchinson Grice of Bulloch County, as a member of the State Children's Trust Fund Commission, for the term of office beginning February 25, 2004, and ending June 30, 2007. 1349 1344 JOURNAL OF THE SENATE The Honorable Carole Kaczorowski of Chatham County, as a member of the State Children's Trust Fund Commission, for the term of office beginning February 25, 2004, and ending June 30, 2007. The Honorable Anita P. Middleton of Lumpkin County, as a member of the State Children's Trust Fund Commission, for the term of office beginning February 25, 2004, and ending June 30, 2006. The Honorable Linda Harriett Parker of Cherokee County, as a member of the State Children's Trust Fund Commission, for the term of office beginning February 25, 2004, and ending June 30, 2007. The Honorable Michele Holler Smith of Harris County, as a member of the State Children's Trust Fund Commission, for the term of office beginning February 25, 2004, and ending June 30, 2006. The Honorable Alice Ann Thompson of Gwinnett County, as a member of the State Children's Trust Fund Commission, for the term of office beginning February 25, 2004, and ending June 30, 2007. The Honorable Michael J. Miller of Douglas County, as a member of the State Construction Industry Licensing Board, for the term of office beginning December 18, 2003, and ending June 30, 2007. The Honorable William H. Cosper of Cobb County, as a member of the State Construction Industry Licensing Board, Division of Electrical Contractors, for the term of office beginning July 1, 2003, and ending June 30, 2007. The Honorable Cornelius Jerome Dulohery of Chatham County, as a member of the State Construction Industry Licensing Board, Division of Electrical Contractors, for the term of office beginning July 1, 2003, and ending June 30, 2007. The Honorable Lindy Ray Rogers of Fulton County, as a member of the State Construction Industry Licensing Board, Division of Electrical Contractors, for the term of office beginning July 1, 2003, and ending June 30, 2007. The Honorable Tommy Young of Wilkes County, as a member of the State Construction Industry Licensing Board, Division of Electrical Contractors, for the term of office beginning June 24, 2003, and ending June 30, 2004. The Honorable James David Belk of Cobb County, as a member of the State Construction Industry Licensing Board, Division of Utility Contractors, for the term of office beginning December 18, 2003, and ending June 30, 2004. 1350 MONDAY, MARCH 15, 2004 1345 The Honorable John Didicher Pearson of Forsyth County, as a member of the State Construction Industry Licensing Board, Division of Utility Contractors, for the term of office beginning December 18, 2003, and ending June 30, 2004. The Honorable David Phillips Rawson of Fulton County, as a member of the State Construction Industry Licensing Board, Division of Utility Contractors, for the term of office beginning December 18, 2003, and ending June 30, 2004. The Honorable Maudine Wright of Coffee County, as a member of the State Construction Industry Licensing Board, Division of Utility Contractors, for the term of office beginning December 18, 2003, and ending June 30, 2004. The Honorable Emmet Wadsworth Bowers of Dougherty County, as a member of the State Ethics Commission, for the term of office beginning July 3, 2003, and ending February 5, 2007. The Honorable Stephen B. Farrow of Whitfield County, as a member of the State Ethics Commission, for the term of office beginning July 3, 2003, and ending March 2, 2006. The Honorable Jack Williams of Dekalb County, as a member of the State Ethics Commission, for the term of office beginning June 10, 2003, and ending March 2, 2006. The Honorable Clarence Victor Beadles of Colquitt County, as a member of the State Forestry Commission, for the term of office beginning December 18, 2003, and ending January 1, 2010. The Honorable John Wesley Langdale of Lowndes County, as a member of the State Forestry Commission, for the term of office beginning December 18, 2003, and ending July 1, 2009. The Honorable Herman Grady Yeomans of Emanuel County, as a member of the State Forestry Commission, for the term of office beginning December 18, 2003, and ending July 1, 2009. The Honorable Julian Duttera of Troup County, as a member of the State Medical Education Board, for the term of office beginning September 26, 2003, and ending March 1, 2005. The Honorable Dane Kendall Gregory of Gordon County, as a member of the State Medical Education Board, for the term of office beginning October 24, 2003, and ending January 1, 2006. 1351 1346 JOURNAL OF THE SENATE The Honorable Carl Elliot Brack of Caroll County, as a member of the State Soil and Water Conservation Commission, for the term of office beginning November 13, 2003, and ending January 1, 2008. The Honorable Dennis T. Brown of Jackson County, as a member of the State Soil and Water Conservation Commission, for the term of office beginning November 13, 2003, and ending January 1, 2004, and for the subsequent term of office beginning January 1, 2004, and ending January 1, 2009. The Honorable David T. Hays of Newton County, as a member of the State Soil and Water Conservation Commission, for the term of office beginning September 18, 2003, and ending January 1, 2005. The Honorable Steve Singletary of Early County, as a member of the State Soil and Water Conservation Commission, for the term of office beginning September 18, 2003, and ending January 1, 2006. The Honorable David G. Sorrell of Fulton County, as a member of the Commissioner of Banking and Finance, for the term of office beginning June 12, 2003, and ending January 20, 2008. The Honorable Marjorie Young of Fulton County, as a member of the Commissioner of Personnel Administration, for the term of office beginning September 19, 2003, and ending at the pleasure of the Governor. The Honorable Bart L. Graham of Fulton County, as a member of the State Revenue Commissioner, for the term of office beginning June 10, 2003, and ending at the pleasure of the Governor. The Honorable Dana Russell of Gwinnett County, as a member of the Commissioner of Administrative Services, for the term of office beginning November 10, 2003, and ending at the pleasure of the Governor. The Honorable Joseph Buchanan Doyle of Fulton County, as a member of the Administrator of the Consumer Advisory Board, for the term of office beginning January 20, 2004, and ending at the pleasure of the Governor. Sincerely, /s/ Sonny Perdue The President referred the Governor's appointments to the Committee on Assignments. 1352 MONDAY, MARCH 15, 2004 1347 The Calendar was resumed. 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. The Senate Natural Resources and the Environment Committee offered the following substitute to SB 460: 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 repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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, is amended by striking paragraph (15) of subsection (b) and inserting in lieu thereof the following: "(15)(A) Except as provided in paragraph (16) of this subsection, there There is established a 25 foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where: (i) As provided by paragraph (16) of this subsection; (ii) Where the director determines to allow a variance that is at least as protective of natural resources and the environment, where; (iii) Where otherwise allowed by the director pursuant to Code Section 12-2-8, or where; or (iv) Where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in 1353 1348 JOURNAL OF THE SENATE the project plans and specifications and are implemented; provided, however, that buffers of at least 25 feet established pursuant to Part 6 of Article 5 of Chapter 5 of this title shall remain in force unless a variance is granted by the director as provided in this paragraph. The following requirements shall apply to any such buffer: (A)(B) No land-disturbing activities shall be conducted within a any such buffer; and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed, except as otherwise provided by this paragraph. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed;. (C) Springs and streams which discharge an average annual flow of 25 gallons per minute or less may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the board providing for notice to the division or local issuing authority of the location and extent of the piping and prescribed methodology for minimizing the impact of such piping and for measuring the volume of water discharged by the stream. Any such pipe must stop short of the downstream landowners property, and the landowner must comply with the buffer requirement for any adjacent streams. On or before December 31, 2004, the board shall adopt a rule or regulation for such general variance. (B)(D) On or before December 31, 2000 2004, the board shall adopt rules which contain specific criteria for the grant or denial by the director of requests for variances. After such date, no variance shall be granted by the director which is not consistent with the criteria contained in such rules; provided, however, that, should the board fail to adopt rules which contain specific criteria for the grant or denial of requests for variances by the director on or before December 31, 2000, the authority of the director to issue such variances shall be suspended until the board adopts such rules; and. Such rules shall provide, at a minimum, that the director shall consider granting a variance in the following circumstances: (i) Where a proposed land disturbing activity within the buffer would require the landowner to acquire a permit from the United States Army Corps of Engineers under Section 404 of the federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. Section 1344, and the Corps of Engineers has approved a mitigation plan to be implemented as a condition of such a permit; (ii) Where the landowner provides a plan satisfactory to the director that shows that, even with the proposed land disturbing activity within the buffer, the completed project will result in improved water quality downstream of the project; 1354 MONDAY, MARCH 15, 2004 1349 (iii) Where a project with a proposed land disturbing activity within the buffer is located in or upstream and within ten linear miles of a stream segment listed as impaired under Section 303(d) of the federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. Section 1313(d) and the landowner provides a plan satisfactory to the director that shows that the completed project will result in improved water quality in such listed stream segment or that the project has no adverse impact relative to the pollutants of concern in such stream segment; or (iv) In other appropriate circumstances as determined by the board. (C)(E) The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines; and" SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senators Price of the 56th and Cagle of the 49th offered the following amendment # 1: Amend the Senate Natural Resources and the Environment Committee substitute to SB 460 by striking lines 15 through 23 of page 2 and inserting in their place the following: "(C) Springs and streams which discharge an average annual flow of 25 gallons per minute or less may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the board providing for notice to the division or local issuing authority of the location and extent of the piping and prescribed methodology for minimizing the impact of such piping and for measuring the volume of water discharged by the stream and the improvement to water quality downstream from the pipe. Any such pipe must stop short of the downstream landowners property, and the landowner must comply with the buffer requirement for any adjacent streams. On or before December 31, 2004, the board shall adopt a rule or regulation for such general variance for projects where the landowner shows that the completed project will result in improved water quality for the affected stream." Senator Zamarripa of the 36th offered the following amendment # 1a: Amend Amendment #1 (AM 9 0843) to SB 460 by striking the word "general" from line 6 and line 13 of page 1. On the adoption of the amendment, Senator Kemp of the 3rd called for the yeas and nays; the call was sustained, and the vote was as follows: 1355 1350 JOURNAL OF THE SENATE Y Adelman N Balfour Y Blitch N Bowen Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks Y Clay Y Collins N Crotts Y Dean Y Fort N Gillis N Golden N Hall N Hamrick Y Harbison Y Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt Y Lee Y Levetan Y Me V Bremen N Moody N Mullis Price Y Reed N Seabaugh Y Seay N Shafer Y Smith,F N Smith,P Y Squires N Starr N Stephens Y Stokes 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 28, nays 27, and the Zamarripa amendment # 1a was adopted. Senator Cagle of the 49th moved that the Senate reconsider its action in adopting the Zamarripa amendment # 1a. On the motion, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort N Harbison N Harp N Henson Y Hill Y Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt N Lee N Levetan N Me V Bremen Y Moody N Seay Y Shafer N Smith,F Y Smith,P N Squires Y Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson Y Tolleson 1356 MONDAY, MARCH 15, 2004 1351 Y Gillis Y Golden Y Hall Y Hamrick Y Mullis Y Price Y Reed Y Seabaugh Y Unterman Y Williams N Zamarripa On the motion, the yeas were 34, nays 22, the motion prevailed; and the amendment was reconsidered. On the adoption of the amendment after reconsideration, 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 Y Collins N Crotts Y Dean Y Fort N Gillis N Golden N Hall N Hamrick Y Harbison Y Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt Y 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 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 27, nays 28, and the Zamarripa amendment # 1a was lost. The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 Mr. Secretary, Please register a yes vote in favor of amendment (1a) following the motion for 1357 1352 JOURNAL OF THE SENATE reconsideration. My voting machine malfunctioned. Sincerely, /s/ Kasim Reed On the adoption of the amendment, the yeas were 47, nays 6, and the Price, Cagle amendment # 1 was adopted. Senators Price of the 56th and Cagle of the 49th offered the following amendment # 2: Amend the Senate Natural Resources and the Environment Committee substitute to SB 460 by striking lines 10 and 11 of page 3 and inserting in their place the following: "to the pollutants of concern in such stream segment; and (iv) All projects covered under divisions (i), (ii), and (iii) of this subparagraph shall meet all criteria set forth in rules for specific variance criteria adopted by the board by December 31, 2004." Senator Price of the 56th offered the following amendment # 2a: Amend AM 9 0844 to the substitute to SB 460 by striking line 3 and inserting: "by striking line 11 and inserting in lieu thereof the following:" and striking line 4 in its entirety and inserting: "adverse impact relative to the pollutants of concern in such stream segment; and" On the adoption of the amendment, the yeas were 49, nays 0, and the Price amendment # 2a was adopted. On the adoption of the amendment, the yeas were 38, nays 2, and the Price, Cagle amendment # 2 was adopted as amended. Senator Zamarripa of the 36th offered the following amendment # 3: Amend the Senate Committee Substitute to SB 460 by striking line 11 page 3 in its entirety. Senator Zamarripa of the 36th asked unanimous consent that his amendment # 3 be withdrawn. The consent was granted, and the amendment was withdrawn. Senator Thompson of the 33rd offered the following amendment # 4: Amend the Senate Committee Substitute to SB 460 by striking the word "or" on page (3) line 9, and adding in lieu thereof the word "and". 1358 MONDAY, MARCH 15, 2004 1353 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: Y Adelman N Balfour Y Blitch N Bowen Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay Y Collins N Crotts Y Dean N Fort Y Gillis N Golden N Hall N Hamrick Y Harbison Y Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price N Reed N Seabaugh Y Seay N Shafer Y Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 29, nays 27, and the Thompson amendment # 4 was adopted. On the adoption of the substitute, the yeas were 40, nays 7, 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 Harbison Y Harp N Henson N Hill Y Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B Y Seay Y Shafer N Smith,F N Smith,P N Squires Y Starr N Stephens N Stokes N Tanksley 1359 1354 JOURNAL OF THE SENATE Y Cheeks Y Clay N Collins Y Crotts N Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick N Kemp,R Y Lamutt N Lee N Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh 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 35, nays 21. SB 460, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1123. By Representatives Williams of the 128th, Smith of the 129th, Post 2, Stephens of the 124th, Post 2 and Mosley of the 129th, Post 1: A BILL to amend Code Section 20-2-101 of the Official Code of Georgia Annotated, relating to appointment of county school superintendents, so as to provide that local school systems publish the initial contract of employment of a local school superintendent and any amendments to the contract; and for other purposes. The following House legislation was read the first time and referred to committee: HB 1123. By Representatives Williams of the 128th, Smith of the 129th, Post 2, Stephens of the 124th, Post 2 and Mosley of the 129th, Post 1: A BILL to amend Code Section 20-2-101 of the Official Code of Georgia Annotated, relating to appointment of county school superintendents, so as to provide that local school systems publish the initial contract of employment of a local school superintendent and any amendments to the contract; and for other purposes. Referred to the Education Committee. 1360 MONDAY, MARCH 15, 2004 1355 At 12:40 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. SB 495. By Senators Johnson of the 1st 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 findings and declarations; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Adelman of the 42nd offered the following amendment # 1: Amend SB 495 by striking lines 34 and 35 of page 2 and inserting in lieu thereof the following: "a collective bargaining agreement or other means minimum wage or employment benefit requirements governing compensation paid or provided by that local government entity to employees of that local". On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown N Brush Y Bulloch Y Butler Y Cagle N Cheeks Y Clay Y Collins N Crotts Y Dean Y Fort Y Gillis Y Harbison Y Harp Y Henson N Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Levetan Me V Bremen Y Moody Y Mullis 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 Y Thompson N Tolleson Y Unterman 1361 1356 JOURNAL OF THE SENATE N Golden Y Hall Hamrick Y Price Y Reed Y Seabaugh N Williams Y Zamarripa On the adoption of the amendment, the yeas were 44, nays 7, and the Adelman amendment # 1 was adopted. Senator Zamarripa of the 36th offered the following amendment # 2: Amend SB 495 by inserting on page 2 line 27 after preempted ", unless overidden by a vote of two-thirds of the governing body for that local government entity. 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 Y Hamrick Y Harbison N Harp Y Henson N Hill Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Seay N Shafer Y Smith,F N Smith,P Squires N Starr N Stephens Y Stokes Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 21, nays 31, and the Zamarripa amendment # 2 was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. 1362 MONDAY, MARCH 15, 2004 1357 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 Y Golden Y Hall Y Hamrick N Harbison Y Harp N Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt Lee N Levetan Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer N Smith,F Y Smith,P N Squires Y Starr Y Stephens N Stokes Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R Thompson Y Tolleson Y Unterman Y Williams N Zamarripa On the passage of the bill, the yeas were 37, nays 15. SB 495, having received the requisite constitutional majority, was passed as amended. The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 3/14/04 Mr. Secretary, Please register a no vote for Senate Bill 495. Sincerely, /s/ Kasim Reed 1363 1358 JOURNAL OF THE SENATE SR 858. By Senators Harp of the 16th, Hill of the 4th, Tolleson of the 18th, Johnson of the 1st and Meyer von Bremen of the 12th: A RESOLUTION authorizing the Governor by executive order to establish local redevelopment commissions for the purpose of developing and directing redevelopment plans in accordance with the "Base Closure Community Redevelopment and Homeless Assistance Act of 1994"; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senators Starr of the 44th, Harp of the 16th, Gillis of the 20th, Hill of the 4th, Tolleson of the 18th and Meyer von Bremen of the 12th offered the following amendment: Amend Senate Resolution 858 by inserting immediately following the period on line 18 of page 1 the following: "The commissions shall be composed of eight members. The Governor shall appoint four members. The Committee on Assignments of the Senate shall appoint two members and the Speaker of the House of Representatives shall appoint two members." On the adoption of the amendment, the yeas were 30, nays 1, and the Starr, et al. amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman 1364 MONDAY, MARCH 15, 2004 1359 Y Golden Y Hall Y Hamrick Y Price Y Reed Y Seabaugh Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 52, nays 1. The resolution, having received the requisite constitutional majority was adopted as amended. SB 263. By Senators Thomas of the 2nd, Squires of the 5th, Dean of the 31st and Thomas of the 54th: A BILL to be entitled an Act to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide for reports and registration of legitimations, paternity orders, guardianships, and amendments and dissolutions of guardianships; to provide for duties of courts, the Office of State Administrative Hearings, petitioners, clerks of courts, and the state registrar; to provide for establishing a new certificate of birth in the case of legitimations and paternity orders; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Special Judiciary Committee offered the following substitute to SB 263: A BILL TO BE ENTITLED AN ACT To amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide for reports and registration of legitimations and paternity orders; to provide for duties of courts, the Office of State Administrative Hearings, petitioners, clerks of courts, and the state registrar; to provide for establishing a new certificate of birth in the case of legitimations and paternity orders; to change a provision relating to the authority needed to change paternity on a birth certificate; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by adding a new Code Section 31-10-13.1 to read as follows: "31-10-13.1. (a) For each legitimation, annulment of legitimation, and amendment of an order of legitimation decreed by a court of competent jurisdiction in this state, the clerk of the court shall not later than the fifteenth day of each calendar month or more frequently, as 1365 1360 JOURNAL OF THE SENATE directed by the state registrar, forward to the state registrar a certified copy of each order of legitimation, annulment of legitimation, and amendment of an order of legitimation which was entered in the preceding month. Each order of legitimation, annulment of legitimation, and amendment of an order of legitimation shall comply with paragraph (2) of subsection (c) of Code Section 31-10-23. (b) When the state registrar receives a certified copy of the order of legitimation, report of annulment of legitimation, or amendment of an order of legitimation of a person born outside this state, the state registrar shall forward such certified copy of the order to the state registrar in the indicated state of birth." SECTION 2. Said chapter is further amended by adding a new Code Section 31-10-13.2 to read as follows: "31-10-13.2. (a) In each case in which an order declaring paternity is entered by a court of competent jurisdiction in this state or by the Office of State Administrative Hearings, the clerk of the court or the Office of State Administrative Hearings shall not later than the fifteenth day of each calendar month or more frequently, as directed by the state registrar, forward to the state registrar a certified copy of each order of paternity, annulment of paternity, and amendment of an order of paternity which was entered in the preceding month. The order of paternity, annulment of paternity, and amendment of an order of paternity shall comply with paragraph (2) of subsection (c) of Code Section 31-10-23. (b) When the state registrar receives a report of paternity, report of annulment of paternity, or amendment of an order of paternity of a person born outside this state, the state registrar shall forward such report to the state registrar in the indicated state of birth." SECTION 3. Said chapter is further amended in Code Section 31-10-14, relating to issuance of a new certificate of birth following adoption and legitimation or paternity determination, by striking subsection (a) and inserting in its place the following: "(a) The state registrar shall establish a new certificate of birth for a person born in this state when the state registrar receives the following: (1) A report of adoption as provided in Code Section 31-10-13 or a report of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. A new certificate of birth shall not be established if the court decreeing the adoption directs that a new birth certificate not be issued; or (2) A certified copy of an order of legitimation, annulment of legitimation, or amendment of an order of legitimation as provided in Code Section 31-10-13.1 that 1366 MONDAY, MARCH 15, 2004 1361 requires the establishment of a new certificate of birth; (3) A certified copy of an order of paternity, annulment of paternity, or amendment of an order of paternity as provided in Code Section 31-10-13.2 that requires the establishment of a new certificate of birth; or (2)(4) A request that a new certificate be established as prescribed by regulation and such evidence as required by regulation proving that such person has been legitimated, or that a court of competent jurisdiction has determined the paternity of such a person, or that both parents married to each other have acknowledged the paternity of such person and request that the surname be changed to that of the father." SECTION 4. Said chapter is further amended in Code Section 31-10-23, relating to amendment of certificates or reports, by striking subsection (c) and inserting in lieu thereof the following: "(c)(1) Upon receipt of a certified copy of an order to legitimate a child, or an affidavit signed by the natural parents whose marriage had legitimated a child, the director shall register a new birth certificate if paternity was not shown on the original certificate. Such certificate shall not be marked 'amended.' (2) If paternity was shown on the original certificate, the record can be changed only by an order from the superior court a court of competent jurisdiction or the Office of State Administrative Hearings to remove the name of the person shown on the certificate as the father and to add the name of the natural father and to show the child as the legitimate child of the person so named. The order must specify the name to be removed and the name to be added." SECTION 5. This Act shall become effective July 1, 2006. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 32, 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 Balfour Y Blitch Y Bowen Y Harbison Y Harp Y Henson Y Hill Y Seay Y Shafer Y Smith,F Y Smith,P 1367 1362 JOURNAL OF THE SENATE Y Brown Y Brush Y Bulloch Y Butler Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Seabaugh Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. SB 263, having received the requisite constitutional majority, was passed by substitute. 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. The Senate Judiciary Committee offers the following substitute to SB 414: 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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, is amended by striking said 1368 MONDAY, MARCH 15, 2004 1363 Code section in its entirety and inserting in lieu thereof the following: "17-8-71. After the evidence is closed on both sides, the prosecuting attorney shall open and conclude the argument to the jury. If the defendant introduces no evidence, his counsel shall open and conclude the argument to the jury after the evidence on the part of the state is closed." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senators Harp of the 16th and Adelman of the 42nd offered the following amendment to the Senate Judiciary Committee Substitute to SB 414: By striking lines 11 and 12 of page 1 and inserting in lieu thereof: "Closing arguments proceed in the following order: (1) the government argues; (2) the defense argues; and (3) the government may rebut. On the adoption of the amendment, the yeas were 27, nays 8, and the Harp, Adelman amendment was adopted. On the adoption of the substitute, the yeas were 32, nays 3, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Blitch Y Bowen Y Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Stephens Y Stokes Y Tanksley N Tate Y Thomas,D N Thomas,N Y Thomas,R Y Thompson Y Tolleson 1369 1364 JOURNAL OF THE SENATE Y Gillis Y Golden Y Hall Y Hamrick Y Mullis Price Y Reed Y Seabaugh Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 49, nays 4. SB 414, having received the requisite constitutional majority, was passed by substitute. SB 594. By Senators Clay of the 37th, Bulloch of the 11th and Balfour of the 9th: 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 judicial circuit, so as to create a new fourth superior court judgeship for the Cherokee Judicial Circuit, a new ninth superior court judgeship for the Gwinnett Judicial Circuit, and a new fifth superior court judgeship for the Southern Judicial Circuit; to provide for the initial appointment, election, and term of office of each such judge; to provide for the qualifications and for the compensation, salary, and expense allowance of said judges to be paid by the State of Georgia and the counties comprising the respective judicial circuits; to provide effective dates; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 594: A BILL TO BE ENTITLED AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new fourth superior court judgeship for the Cherokee Judicial Circuit, a new sixth superior court judgeship for the Coweta Judicial Circuit, a new ninth superior court judgeship for the Gwinnett Judicial Circuit, and a new fifth superior court judgeship for the Southern Judicial Circuit; to provide for the initial appointment, election, and term of office of each such judge; to provide for the qualifications and for the compensation, salary, and expense allowance of said judges to be paid by the State of Georgia and the counties comprising the respective judicial circuits; to provide for jurors; to authorize the judges of said circuits to divide and allocate the work and duties thereto and provide for the duties of the chief judges and presiding judges; to provide for powers, duties, and responsibilities of judges of said circuit; to provide for additional court reporters and personnel and the compensation of such reporters and personnel; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 1370 MONDAY, MARCH 15, 2004 1365 PART I SECTION 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraphs (9), (20), and (35) in their entirety and inserting in lieu thereof new paragraphs to read as follows: "(9) Cherokee Circuit .............................................................................. 34" "(14) Coweta Circuit ................................................................................. 56" "(20) Gwinnett Circuit .............................................................................. 89" "(35) Southern Circuit............................................................................... 45" PART II SECTION 2. One additional judge of the superior courts is added to the Cherokee Judicial Circuit, thereby increasing to four the number of judges of said circuit. SECTION 3. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2005, and continuing through December 31, 2006, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2006, for a term of four years beginning on January 1, 2007, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. SECTION 4. The additional judge of the superior courts of the Cherokee Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Cherokee Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 5. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the 1371 1366 JOURNAL OF THE SENATE counties of the superior courts of the Cherokee Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the counties of said circuit of the salary of the judges of the superior courts of the Cherokee Judicial Circuit shall also be applicable to the additional judge provided for by this Act. SECTION 6. All writs and processes in the superior courts of the Cherokee Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide four judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. SECTION 7. Upon and after qualification of the additional judge of the superior court of the Cherokee Judicial Circuit, the four judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. SECTION 8. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time. SECTION 9. The four judges of the Cherokee Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. SECTION 10. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Cherokee Judicial Circuit may bear teste in the name of any judge of the Cherokee Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and 1372 MONDAY, MARCH 15, 2004 1367 perform any official act as judge thereof. SECTION 11. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Cherokee Judicial Circuit are authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such. SECTION 12. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. PART III SECTION 13. One additional judge of the superior courts is added to the Coweta Judicial Circuit, thereby increasing to six the number of judges of said circuit. SECTION 14. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2005, and continuing through December 31, 2006, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2006, for a term of four years beginning on January 1, 2007, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. SECTION 15. The additional judge of the superior courts of the Coweta Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Coweta Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 16. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the 1373 1368 JOURNAL OF THE SENATE counties of the superior courts of the Coweta Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the counties of said circuit of the salary of the judges of the superior courts of the Coweta Judicial Circuit shall also be applicable to the additional judge provided for by this Act. SECTION 17. All writs and processes in the superior courts of the Coweta Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide six judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. SECTION 18. Upon and after qualification of the additional judge of the superior court of the Coweta Judicial Circuit, the six judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. SECTION 19. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time. SECTION 20. The six judges of the Coweta Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. SECTION 21. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Coweta Judicial Circuit may bear teste in the name of any judge of the Coweta Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and 1374 MONDAY, MARCH 15, 2004 1369 perform any official act as judge thereof. SECTION 22. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Coweta Judicial Circuit are authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such. SECTION 23. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. PART IV SECTION 24. One additional judge of the superior courts is added to the Gwinnett Judicial Circuit, thereby increasing to nine the number of judges of said circuit. SECTION 25. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2005, and expiring December 31, 2006, and until his or her successor is elected and qualified. At the general election to be held in 2006, there shall be elected a successor to the first additional judge appointed as provided for above, and he or she shall take office on the first day of January, 2007, and serve for a term of office of four years and until his or her successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general election conducted in the year in which the term of office shall expire for a term of four years and until his or her successor is duly elected and qualified. Said elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia. SECTION 26. The additional judge of the superior court of the Gwinnett Judicial Circuit shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 27. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties of the superior courts of the Gwinnett Judicial Circuit shall be the same as are 1375 1370 JOURNAL OF THE SENATE now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the counties of said circuit of the salary of the judges of the superior courts of the Gwinnett Judicial Circuit shall also be applicable to the additional judge provided for by this Act. SECTION 28. All writs and processes in the superior courts of the Gwinnett Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide nine judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. SECTION 29. Upon and after qualification of the additional judge of the superior court of the Gwinnett Judicial Circuit, the nine judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. SECTION 30. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time. SECTION 31. The nine judges of the superior court of the Gwinnett Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such duties and for such compensation as such judges see fit, up to and including, but not exceeding, the remuneration of the present court reporters of the Gwinnett Judicial Circuit as the same is now fixed or may hereafter be fixed. SECTION 32. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Gwinnett Judicial Circuit are authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office 1376 MONDAY, MARCH 15, 2004 1371 equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such. SECTION 33. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. PART V SECTION 34. One additional judge of the superior courts is added to the Southern Judicial Circuit, thereby increasing to five the number of judges of said circuit. SECTION 35. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2005, and continuing through December 31, 2006, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2006, for a term of four years beginning on January 1, 2007, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. SECTION 36. The additional judge of the superior courts of the Southern Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Southern Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 37. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties of the superior courts of the Southern Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the counties of said circuit of the salary of the judges of the superior courts of the Southern Judicial Circuit shall also be applicable to the additional judge provided for by this Act. SECTION 38. 1377 1372 JOURNAL OF THE SENATE All writs and processes in the superior courts of the Southern Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide five judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. SECTION 39. Upon and after qualification of the additional judge of the superior court of the Southern Judicial Circuit, the five judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. SECTION 40. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time. SECTION 41. The five judges of the Southern Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. SECTION 42. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Southern Judicial Circuit may bear teste in the name of any judge of the Southern Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof. SECTION 43. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Southern Judicial Circuit are authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office 1378 MONDAY, MARCH 15, 2004 1373 equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such. SECTION 44. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. PART VI SECTION 45. (a) For purposes of making the initial appointments of the judges to fill the superior court judgeships created by this Act, this part of this Act shall become effective upon its approval by the Governor or its becoming law without such approval. (b) For all other purposes, Part I of this Act shall become effective July 1, 2004, and Parts II, III, IV, and V of this Act shall become effective on January 1, 2005. SECTION 46. All laws and parts of laws in conflict with this Act are repealed. Senators Clay of the 37th and Tanksley of the 32nd offered the following amendment: Amend the Senate Judiciary Committee substitute to SB 594 by inserting after the comma on line 4 of page 1 the following: "a new third superior court judgeship for the Flint Judicial Circuit,". By inserting between lines 22 and 23 of page 1 the following: "'(18) Flint Circuit....................................................................................................23'". By inserting between lines 24 and 25 of page 6 the following: "PART III-A SECTION 23.1. One additional judge of the superior courts is added to the Flint Judicial Circuit, thereby increasing to three the number of judges of said circuit. SECTION 23.2. Said additional judge shall be appointed by the Governor for a term beginning July 1, 2004, and continuing through December 31, 2006, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial 1379 1374 JOURNAL OF THE SENATE election in 2006, for a term of four years beginning on January 1, 2007, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. SECTION 23.3. The additional judge of the superior courts of the Flint Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Flint Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 23.4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties of the superior courts of the Flint Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the counties of said circuit of the salary of the judges of the superior courts of the Flint Judicial Circuit shall also be applicable to the additional judge provided for by this Act. SECTION 23.5. All writs and processes in the superior courts of the Flint Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. SECTION 23.6. Upon and after qualification of the additional judge of the superior court of the Flint Judicial Circuit, the three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. 1380 MONDAY, MARCH 15, 2004 1375 SECTION 23.7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time. SECTION 23.8. The three judges of the Flint Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. SECTION 23.9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Flint Judicial Circuit may bear teste in the name of any judge of the Flint Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof. SECTION 23.10. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Flint Judicial Circuit are authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such. SECTION 23.11. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia." By inserting between lines 20 and 21 of page 11 the following: "(c) Part III-A of this Act shall become effective on July 1, 2004." On the adoption of the amendment, the yeas were 31, nays 0, and the Clay, Tanksley amendment was adopted. On the adoption of the substitute, the yeas were 30, nays 0, and the committee substitute was adopted as amended. 1381 1376 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley 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 594, having received the requisite constitutional majority, was passed by substitute. SB 517. By Senators Smith of the 52nd, Lee of the 29th, Shafer of the 48th, Gillis of the 20th, Starr of the 44th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 21 and Titles 36, 42, and 45 of the O.C.G.A., relating, respectively, to ethics in government; local government; penal institutions; and public officers, so as to provide for the comprehensive revision of provisions regarding ethics and conflicts of interest; to provide for and change certain definitions; to change certain provisions relative to declaration of policy; to provide for the timely issuance of advisory opinions by the State Ethics Commission and other matters relative to advisory opinions; to provide for penalties; to provide for restrictions on the Governors appointment power under certain circumstances; to repeal conflicting laws; and for other purposes. 1382 MONDAY, MARCH 15, 2004 1377 The Senate Ethics Committee offered the following substitute to SB 517: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 21 and Titles 36, 42, and 45 of the Official Code of Georgia Annotated, relating, respectively, to ethics in government; local government; penal institutions; and public officers, so as to provide for the comprehensive revision of provisions regarding ethics and conflicts of interest; to provide for and change certain definitions; to change certain provisions relative to declaration of policy; to provide for the timely issuance of advisory opinions by the State Ethics Commission and other matters relative to advisory opinions; to change provisions relating to the State Ethics Commission including its administrative attachment to the Secretary of States office; to change provisions relating to mailing complaints; to provide for rule making with regard to technical defects and the time frame for correction of technical defects in financial disclosure statements; to change certain provisions regarding connected organizations; to create certain restrictions on receipt or award of state contracts; to change certain provisions regarding contributions made to candidates and the location where certain reports are filed; to change provisions relating to contributions or expenditures other than through candidates or campaign committees and disclosure of extensions of credit; to change certain provisions regarding disclosure reports; to change certain provisions regarding electronic filing of reports; to change certain provisions relating to acceptance of campaign contributions during legislative sessions; to change certain provisions relating to filing of financial disclosure statements; to change provisions relating to filing by mail; to change certain provisions relating to lobbyist registration; to change provisions relating to lobbyist disclosure reports and the contents thereof and the definition of lobbyist; to create provisions relating to a lobbyists eligibility for certain appointments; to create conflict of interest provisions relating to gifts; to provide restrictions for lobbyists relating to contingency agreements; to provide for restrictions for lobbyists relating to presence on the floor of the House and Senate; to correct crossreferences; to provide for criminal penalties; to change provisions relative to appearances before the Board of Pardons and Paroles by members of the General Assembly or state elected or appointed officials; to change certain provisions relating to complaints or information regarding fraud, waste, and abuse in state programs and operations; to change certain provisions relating to the code of ethics for members of boards, commissions, and authorities; to change provisions relating to a board, commission, or authoritys authority to enact rules and regulations; to provide for restrictions on activities for persons who were a member, employee, or appointee of the legislative, executive, or judicial branch or other agencies or authorities of the state; to provide for penalties; to provide for restrictions on the Governors appointment power under certain circumstances; to provide for an effective date; to repeal conflicting laws; and for other purposes. 1383 1378 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended by striking Code Section 21-5-2, relating to declaration of policy, and inserting in lieu thereof the following: "21-5-2. It is declared to be the policy of this state, in furtherance of its responsibility to protect the integrity of the democratic process and to ensure fair elections for constitutional offices; state offices; district attorneys; members of the Georgia House of Representatives and Georgia Senate; all constitutional judicial officers; and all county and municipal elected officials, to institute and establish a requirement of public disclosure of campaign contributions and expenditures relative to the seeking of such offices, to the recall of public officers holding elective office, and to the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. Further, it is the policy of this state that the states public affairs will be best served by disclosures of significant private interests of public officers and officials which may influence the discharge of their public duties and responsibilities. The General Assembly further finds that it is for the public to determine whether significant private interests of public officers have influenced the states public officers to the detriment of their public duties and responsibilities and, in order to make that determination and hold the public officers accountable, the public must have reasonable access to the disclosure of the significant private interests of the public officers of this state." SECTION 2. Said chapter is further amended by striking Code Section 21-5-3, relating to definitions, and inserting in lieu thereof the following: "21-5-3. As used in this chapter, the term: (1) 'Business entity' means any corporation, sole proprietorship, partnership, limited partnership, limited liability company, enterprise, franchise, association, trust, joint venture, or other entity, whether profit or nonprofit. (2) 'Campaign committee' means the candidate, person, or committee which accepts contributions or makes expenditures designed to bring about the nomination or election of an individual to any elected office. The term 'campaign committee' also means any person or committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer holding elective office or to oppose the recall of a public officer holding elective office or any person or any committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any 1384 MONDAY, MARCH 15, 2004 1379 county or municipal election. (3) 'Campaign contribution disclosure report' means a report filed with the appropriate filing officer by a candidate or the chairperson or treasurer of a campaign committee setting forth all expenditures of $101.00 or more and all contributions of $101.00 or more, including contributions and expenditures of lesser amounts when the aggregate amount thereof by or to a person is $101.00 or more for the calendar year in which the report is filed. Such report shall also include the total amount of all individual contributions received or expenditures made of less than $101.00 each. The first report required in the calendar year of the election shall contain all such expenditures made and all such contributions received by the candidate or the committee in prior years in support of the campaign in question. (4) 'Candidate' means an individual who seeks nomination for election or election to any public office, whether or not such an individual is elected; and a person shall be deemed to seek nomination or election if such person has taken necessary action under the laws of this state to qualify such person for nomination for election or election or has received contributions or made expenditures in pursuit of such nomination or election or has given such persons consent for such persons campaign committee to receive contributions or make expenditures with a view to bringing about such persons nomination for election or election to such office. (5) 'Commission' means the State Ethics Commission created under Code Section 215-4. (6) 'Connected organization' means any organization, including any corporation, labor organization, membership organization, or cooperative, which is not a political action committee, as defined in this chapter, but which, directly or indirectly, establishes or administers a political action committee or which provides more than 40 percent of the funds of the political action committee for a calendar year. (6)(7) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of any person for office, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any sources source and on a voluntary basis. The term 'contribution' shall include other forms of payment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contribution designed to encourage or influence a candidate or public officer holding elective office. The term 'contribution' shall also encompass transactions wherein a qualifying fee required of the candidate is furnished or paid by anyone other than the candidate. (7)(8) 'Direct ownership interest' means the holding or possession of good legal or rightful title of property or the holding or enjoyment of real or beneficial use of the 1385 1380 JOURNAL OF THE SENATE property by any person and includes any interest owned or held by a spouse of such person if such interest is held jointly or as tenants in common between the person and spouse. (8)(9) 'Election' means a primary election; run-off election, either primary or general; special election; or general election. The term 'election' also means a recall election. (8.1)(10) 'Election cycle' means the period from the day following the date of an election or appointment of a person to elective public office through and including the date of the next such election of a person to the same public office and shall be construed and applied separately for each elective office. (9)(11) 'Expenditure' means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made for the purpose of influencing the nomination for election or election of any person, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term 'expenditure' shall also include the payment of a qualifying fee for and in behalf of a candidate. (10)(12) 'Fiduciary position' means any position imposing a duty to act primarily for the benefit of another person as an officer, director, manager, partner, or other designation of general responsibility of a business entity. (11)(13) 'Filing officer' means that official who is designated in Code Section 21-534 to receive campaign contribution disclosure reports; provided, however, that such term shall not include the State Ethics Commission. (12) 'Gift' means any gratuitous transfer to a public officer, the spouse of the public officer, or any dependents of the public officer or a loan of property or services which is not a contribution as defined in paragraph (6) of this Code section and which is in the amount of $101.00 or more. (12.1)(14) 'Independent committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons, other than a campaign committee, political party, or political action committee, which receives donations during a calendar year from persons who are members or supporters of the committee and which expends such funds either for the purpose of affecting the outcome of an election for any elected office or to advocate the election or defeat of any particular candidate. (13)(15) 'Intangible property' means property which is not real property and which is held for profit and includes stocks, bonds, interest in partnerships, choses in action, and other investments but shall not include any ownership interest in any public or private retirement or pension fund, account, or system and shall not include any ownership interest in any public or private life insurance contract or any benefit, value, or proceeds of such life insurance contract. (16) 'Ordinary and necessary expenses' shall include, without limitation, reasonable 1386 MONDAY, MARCH 15, 2004 1381 expenditures made during the reporting period for office costs and rent, lodging, equipment, travel, advertising, postage, staff salaries, consultants, files storage, polling, special events, volunteers, reimbursements to volunteers, contributions to nonprofit organizations, and flowers for special occasions, which shall include, but are not limited to, birthdays and funerals, and any other expenditure that is deemed appropriate for the purposes of Code Section 21-5-33. In determining whether an expense is ordinary and necessary in compliance with subsection (a) of Code Section 21-5-33 or whether an expense constitutes an improper conversion of campaign contributions to personal assets under subsection (c) of Code Section 21-5-33, candidates, campaign committees, and the commission may be guided by the provisions of 2 U.S.C.A. Section 439a(b), as it existed on January 10, 2004, and 11 C.F.R. Section 113.1(g), as it existed on January 10, 2004, relating to prohibited personal uses of campaign contributions for candidates for federal office and federal officeholders. (14)(17) 'Person' means an individual, partnership, committee, association, corporation, limited liability company, limited liability partnership, trust, labor organization, or any other organization or group of persons. (14.1)(18) 'Political action committee' means: (A) Any any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations during a calendar year from persons who are members or supporters of the committee and which distributes these funds as contributions to one or more candidates for public office or campaign committees of candidates for public office; and (B) A a 'separate segregated fund' as defined in Code Section 21-5-40. Such term does not include a campaign committee. (14.2)(19) 'Public employee' means every person employed by the executive, legislative, or judicial branch of state government, or any department, board, bureau, agency, commission, or authority thereof. (15)(20) 'Public officer' means: (A) Every constitutional officer; (B) Every elected state official; (C) The executive head of every state department or agency, whether elected or appointed; (D) Each member of the General Assembly; (E) The executive director of each state board or authority and the members thereof; (F) Every elected county official and every elected member of a local board of education; and (G) Every elected municipal official." SECTION 3. Said chapter is further amended by striking Code Section 21-5-5, relating to operating expenses, and inserting in lieu thereof the following: 1387 1382 JOURNAL OF THE SENATE "21-5-5. The funds necessary to carry out this chapter shall come from the funds appropriated to and available to the State Ethics Commission and from any other available funds. The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'; provided, however, the commission shall be assigned for administrative purposes only to the Secretary of State." SECTION 4. Said chapter is further amended by striking Code Section 21-5-6, relating to powers and duties of the commission, and inserting in lieu thereof the following: "21-5-6. (a) The commission is vested with the following powers: (1) To meet at such times and places as it may deem necessary; (2) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies, and reports to the commission as will best assist it to carry out its duties and responsibilities; (3) To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter and Code Sections 45-10-3 and 45-10-4 and Part 1 of Article 2 of Chapter 10 of Title 45; (4) To employ an executive secretary and such additional staff as the commission deems necessary to carry out the powers delegated to the commission by this chapter and Code Sections 45-10-3 and 45-10-4 and Part 1 of Article 2 of Chapter 10 of Title 45; (5) To issue subpoenas to compel any person to appear, give sworn testimony, or produce documentary or other evidence; (6) To institute and prosecute actions in the superior courts, in its own name, seeking to enjoin or restrain any violation or threatened violation of this chapter; (7) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such rules and regulations as are necessary to carry out the purposes of this chapter; and (8) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it. (b) The commission shall have the following duties: (1) To prescribe forms to be used in complying with this chapter; (2) To prepare and publish a manual setting forth recommended uniform methods of accounting and reporting for use by persons required by this chapter to file statements and reports; (3) To accept and file any information voluntarily supplied that exceeds the requirements of this chapter; (4) To develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter; 1388 MONDAY, MARCH 15, 2004 1383 (5) To adopt a retention standard for records of the commission in accordance with Article 5 of Chapter 18 of Title 50, the 'Georgia Records Act'; (6) To prepare and publish such other reports and technical studies as in its judgment will tend to promote the purposes of this chapter; (7) To provide for public dissemination of such summaries and reports; (8) To determine whether the required statements and reports have been filed and, if so, whether they conform to the requirements of this chapter; (9) To make investigations, subject to the limitations contained in Code Section 21-57, with respect to the statements and reports filed under this chapter and with respect to alleged failure to file any statements or reports required under this chapter and upon receipt of the written complaint of any person, verified under oath to the best information, knowledge, and belief by the person making such complaint with respect to an alleged violation of any provision of this chapter, provided that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter; (10)(A) To conduct a preliminary investigation, subject to the limitations contained in Code Section 21-5-7, of the merits of a written complaint by any person who believes that a violation of this chapter has occurred, verified under oath to the best information, knowledge, and belief by the person making such complaint. If there are found no reasonable grounds to believe that a violation has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. If the commission determines that there are such reasonable grounds to believe that a violation has occurred, it shall give notice by summoning the persons believed to have committed the violation to a hearing. The hearing shall be conducted in all respects in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commission may file a complaint charging violations of this chapter, and any person aggrieved by the final decision of the commission is entitled to judicial review in accordance with Chapter 13 of Title 50; provided, however, that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter. (B) In any such preliminary investigation referenced in subparagraph (A) of this paragraph, until such time as the commission determines that there are reasonable grounds to believe that a violation has occurred, it shall not be necessary to give the notice by summons nor to conduct a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (11) To report suspected violations of law to the appropriate law enforcement authority; (12) To investigate upon a written complaint any illegal use of state public employees in a political campaign by any candidate; (13) To issue, upon written request, and publish advisory opinions on the 1389 1384 JOURNAL OF THE SENATE requirements of this chapter and Code Sections 45-10-3 and 45-10-4 and Part 1 of Article 2 of Chapter 10 of Title 45, based on a real or hypothetical set of circumstances; and each such advisory opinion shall be issued within 30 days of the written request for the advisory opinion; (14) To issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or Code Sections 45-10-3 and 45-10-4 and Part 1 of Article 2 of Chapter 10 of Title 45 or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator: (A) To cease and desist from committing further violations; (B) To make public complete statements, in corrected form, containing the information required by this chapter; (C)(i) To pay a civil penalty not to exceed $1,000.00 $10,000.00 for each violation contained in any report required by this chapter or for each failure to comply with any other provision of this chapter or Code Sections 45-10-3 and 4510-4 and Part 1 of Article 2 of Chapter 10 of Title 45 or of any rule or regulation promulgated under this chapter. (ii) A civil penalty shall not be assessed against any person except after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the commission. All moneys recovered pursuant to this Code section shall be deposited in the state treasury. (iii) The Attorney General of this state shall, upon complaint by the commission, or may, upon the Attorney Generals own initiative if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action in the superior court in the name of the commission for a temporary restraining order or other injunctive relief or for civil penalties assessed against any person violating any provision of this chapter or Code Sections 45-103 and 45-10-4 and Part 1 of Article 2 of Chapter 10 of Title 45 or any rule or regulation duly issued by the commission. (iv) Any action brought by the Attorney General to enforce civil penalties assessed against any person for violating the provisions of this chapter or Code Sections 45-10-3 and 45-10-4 and Part 1 of Article 2 of Chapter 10 of Title 45 or any rule or regulation duly issued by the commission or any order issued by the commission ordering compliance or to cease and desist from further violations shall be brought in the superior court of the county of the residence of the party against whom relief is sought. Service of process shall lie in any jurisdiction within the state. In such actions, the superior court inquiry will be limited to whether notice was given by the commission to the violator in compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Upon satisfaction that notice was given and a hearing was held pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the superior court shall enforce the orders of the commission and 1390 MONDAY, MARCH 15, 2004 1385 the civil penalties assessed under this chapter and the superior court shall not make independent inquiry as to whether the violations have occurred. (v) In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the commission, the judgment, if in favor of the commission, shall provide that the defendant pay to the commission the costs, including reasonable attorneys fees, incurred by the commission in the prosecution of such action; (15) To make public its conclusion that a violation has occurred and the nature of such violation; (16) To petition the superior court within the county where the hearing was or is being conducted for the enforcement of any order issued in connection with such hearing; and (17) To report to the General Assembly and the Governor at the close of each fiscal year concerning the action taken during that time, the names, salaries, and duties of all individuals employed, and the funds disbursed and to make such further report on the matters within its jurisdiction as may appear desirable; and (18) To carry out the procedures, duties, and obligations relative to the commission set forth in Code Sections 45-10-3 and 45-10-4 and Part 1 of Article 2 of Chapter 10 of Title 45. (c) The Secretary of State, through the Secretary of States office, shall perform the ministerial functions which the commission may require. The office of the Secretary of State shall be designated as the place where members of the public may file papers or correspond with the commission and receive any form or instruction from the commission. The Secretary of State or the Secretary of States designee shall serve as secretary to the commission. (c) In any matter pending before the commission, if a member of the commission has made or caused to be made a contribution in the current or immediately preceding election cycle to any respondent, any other party to the complaint, any candidate who opposed the respondent in any election in the current or immediately preceding election cycle, or the campaign committee of any of the foregoing, that member shall recuse himself or herself from consideration of the matter. The commission may, upon motion, order the recusal of a member. (d) The State Ethics Commission shall have the same powers and duties with respect to Code Sections 45-10-3 and 45-10-4 and Part 1 of Article 2 of Chapter 10 of Title 45 as the commission has with respect to this chapter. (e) The Attorney General shall have the same powers and duties with respect to Code Sections 45-10-3 and 45-10-4 and Part 1 of Article 2 of Chapter 10 of Title 45 as the Attorney General has with respect to this chapter. Without limiting the generality of the foregoing it is specifically provided that the Attorney General may bring civil actions for the enforcement of Code Sections 45-10-3 and 45-10-4 and Part 1 of Article 2 of Chapter 10 of Title 45 in the same general manner as provided in this chapter." SECTION 5. 1391 1386 JOURNAL OF THE SENATE Said chapter is further amended by striking Code Section 21-5-7, relating to initiation of complaints, and inserting in lieu thereof the following: "21-5-7. (a) The commission shall not initiate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person unless that person shall reduce the same in writing and verify the same under oath to the best information, knowledge, and belief of such person, the falsification of which shall be punishable as false swearing under Code Section 16-10-71. The person against whom any complaint is made shall be furnished by hand delivery or statutory overnight delivery or mailed by certified mail, return receipt requested, a copy of the complaint by the commission immediately upon the commissions receipt of such complaint and prior to any other public dissemination of such complaint. Nothing in this Code section, however, shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter. (b) The commission shall adopt rules which shall provide that: (1) Upon the commissions receipt of a complaint, a determination shall be made as to whether the complaint relates to an alleged technical defect in a filing. For this purpose, a technical defect shall be a defect such as a failure to include a date or an incorrect date, a failure to include a contributors occupation or an incorrect occupation, a failure to include an address or an incorrect address, or any other similar technical defect as specified by rule of the commission; (2) When the commission determines that a complaint relates to a technical defect in a filing, the subject of the complaint shall be given a period of ten days to correct the alleged technical defect. During such ten-day period the complaint shall be considered as received by the commission but not yet filed with the commission. If during such ten-day period the alleged technical violation is cured by an amended filing or otherwise, or if during such ten-day period the subject of the complaint demonstrates that there is no technical violation as alleged, the complaint shall be disposed of without filing or further proceedings and no penalty shall be imposed." SECTION 6. Said chapter is further amended by inserting a new Code Section 21-5-7.1 to follow Code Section 21-5-7 to read as follows: "21-5-7.1. The commission shall adopt rules which shall provide that: (1) Upon the commissions receipt of a complaint, a determination shall be made as to whether the complaint relates to an alleged technical defect in a filing. For this purpose, a technical defect shall be a defect such as a failure to include a date or an incorrect date, a failure to include a contributors occupation or an incorrect occupation, a failure to include an address or an incorrect address, or any other similar technical defect as specified by rule of the commission; (2) When the commission determines that a complaint relates to a technical defect in 1392 MONDAY, MARCH 15, 2004 1387 a filing, the subject of the complaint shall be issued a notice of an alleged technical defect by certified mail, return receipt requested, or statutory overnight delivery and shall be given a period of 30 calendar days from the receipt of the notice to correct the alleged technical defect. During the 30 day period the complaint shall be considered as received by the commission but not yet filed with the commission and shall not be considered a violation of this chapter. If during the 30 day period the alleged technical violation is cured by an amended filing or otherwise or if during the 30 day period the subject of the complaint demonstrates that there is no technical violation as alleged, the complaint shall be disposed of without filing or further proceedings and no penalty shall be imposed. If the subject of the complaint fails to respond to the notice of an alleged technical defect, make an amended filing, or demonstrate that there is no technical violation as alleged by the thirty-first day, the commission shall impose and collect an administrative fee not to exceed $50.00 per technical defect. If the subject of the complaint does not pay the administrative fee, if any, and does not otherwise also comply with this paragraph by the sixtieth day from the receipt of the notice of an alleged technical defect, the commission shall conduct further investigation and the complaint may proceed further in accordance with the provisions of this chapter; and (3) When the commission determines in its discretion that best efforts have been made to complete a required filing, said filing shall be considered in compliance with this chapter and any complaint relative to said filing shall be dismissed." SECTION 7. Said chapter is further amended by striking Code Section 21-5-12, relating to connected organizations, and inserting in lieu thereof the following: "21-5-12. (a) As used in this Code section, the term 'connected organization' means any organization, including any corporation, labor organization, membership organization, or cooperative, which is not a political action committee, as defined in this article, but which, directly or indirectly, establishes or administers a political action committee or which provides more than 40 percent of the funds of the political action committee for a calendar year. (b)(a) The name of each political action committee shall include the name of its connected organization. (c)(b) The name of any separate segregated fund, as defined in Code Section 21-5-40, shall include the name of its connected organization." SECTION 8. Said chapter is further amended by inserting a new Code Section 21-5-13 to follow Code Section 21-5-12 to read as follows: "21-5-13. (a) No elected public officer or employee or agent of an elected public officer shall advocate for or cause the receipt or award of any state contract to a person who has 1393 1388 JOURNAL OF THE SENATE made a campaign contribution to the elected public officer or the elected public officers campaign committee in the current or immediately preceding election cycle. (b) No elected public officer or employee or agent of an elected public officer shall advocate for or cause the receipt or award of any state contract to any person who employs the elected public officer." SECTION 9. Said chapter is further amended by striking Code Section 21-5-30, relating to contributions made to a candidate or a campaign committee or for the recall of a public officer, and inserting in lieu thereof the following: "21-5-30. (a) Except as provided in subsection (e) of Code Section 21-5-31 21-5-34, no contributions to bring about the nomination or election of a candidate for any office shall be made except directly to a candidate or such candidates campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate; and no contributions to bring about the recall of a public officer or to oppose the recall of a public officer or to bring about the approval or rejection by the voters of a proposed constitutional amendment, state-wide referendum, or other issue at the municipal or county level shall be accepted except directly by a campaign committee organized for that purpose. (b) Each candidate shall maintain records and file reports as required by this chapter or shall have a campaign committee for the purposes of maintaining records and filing reports as required by this chapter. Every campaign committee shall have a chairperson and a treasurer, except that the candidate may serve as the chairperson and treasurer. Before a campaign committee accepts contributions, the name and address of the chairperson and treasurer shall be filed with the Secretary of State commission. When a candidate has been elected to public office, the registration of that candidates campaign committee with the Secretary of State commission shall remain in effect so long as the candidate remains in office until and unless: (1) The the registration is canceled by the campaign committee or the candidate; or (2) A a new campaign committee for that candidate is registered with the Secretary of State commission. The same person may serve as chairperson and treasurer. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of chairperson or treasurer of the campaign committee. (c) Contributions of money received pursuant to subsection (a) of this Code section shall be deposited in the separate campaign depository account opened and maintained by the candidate or the campaign committee for the purpose for which such campaign committee was organized. Such account may be an interest-bearing account; provided, however, that any interest earned on such account shall be deemed contributions and may only be used for the purposes allowed under this chapter. Those who elect the separate accounting option may also open, but are not required to open, a separate campaign depository account for each election for which contributions are accepted 1394 MONDAY, MARCH 15, 2004 1389 beyond their next upcoming election. (d) Where separate contributions of less than $101.00 are knowingly received from a common source, such contributions shall be aggregated for reporting purposes. For purposes of fulfilling such aggregation requirement, members of the same family, firm, or partnership or employees of the same person, as defined in paragraph (14) (17) of Code Section 21-5-3, shall be considered to be a common source; provided, however, that the purchase of tickets for not more than $25.00 each and for or attendance at a fundraising event by members of the same family, firm, or partnership or employees of the same person shall not be considered to be contributions from a common source except to the extent that tickets are purchased as a block. (e) The making and acceptance of anonymous contributions are prohibited. Any anonymous contributions received by a candidate or campaign committee shall be transmitted to the director of the Office of Treasury and Fiscal Services for deposit in the state treasury, and the fact of such contribution and transmittal shall be reported to the commission. (f) A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign. This subsection shall not apply to motor carriers whose rates are not regulated by the Public Service Commission. Any person who knowingly violates this subsection with respect to a member of the Public Service Commission, a candidate for the Public Service Commission, or the campaign committee of a candidate for the Public Service Commission shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000.00 $10,000.00, or both; and any person who knowingly violates this subsection with respect to any other public officer, a candidate for such other public office, or the campaign committee of a candidate for such other public office shall be guilty of a misdemeanor. (g) Neither a candidate who is not a public officer nor his or her campaign committee may lawfully accept a campaign contribution until the candidate has filed with the Secretary of State commission or appropriate local filing officer a declaration of intention to accept campaign contributions which shall include the name and address of the candidate and the names and addresses of his or her campaign committee officers, if any." SECTION 10. Said chapter is further amended by striking Code Section 21-5-31, relating to contributions or expenditures other than through candidate or committee and disclosure of extensions of credit, and inserting in lieu thereof the following: "21-5-31. (a) Any person who accepts contributions for, makes contributions to, or makes expenditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candidate or his campaign committee do not require separate reporting, except that 1395 1390 JOURNAL OF THE SENATE contributions from persons as defined in paragraph (14) of Code Section 21-5-3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting, and except that copies of campaign contribution disclosure reports do not have to be filed with local election superintendents as required of candidates for membership in the General Assembly pursuant to paragraph (1) of subsection (a) of Code Section 21-5-34. (b) When a contribution consists of the proceeds of a loan, advance, or other extension of credit, the campaign contribution disclosure report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship. Reserved." SECTION 11. Said chapter is further amended by striking Code Section 21-5-34, relating to disclosure reports, and inserting in lieu thereof the following: "21-5-34. (a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office except county and municipal offices or the General Assembly and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referendum shall sign and file with the Secretary of State commission the required campaign contribution disclosure reports. A candidate for membership in the General Assembly or the chairperson or treasurer of such candidates campaign committee shall file such candidates reports with the Secretary of State commission and a copy thereof with the election superintendent of the county of such candidates residence. (B) The chairperson or treasurer of each independent committee as defined in Code Section 21-5-3 shall file the required disclosure reports with the Secretary of State commission. (2)(A) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a campaign contribution disclosure report as prescribed by this chapter; provided, however, that such report shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums must shall identify the principal officer of such campaign committee by listing or stating the name and title of the principal officer. 1396 MONDAY, MARCH 15, 2004 1391 (B) If a campaign committee is required to file a report under subparagraph (A) of this paragraph, such report shall be filed with the election superintendent of the county in the case of a county election or with the municipal clerk in the case of a municipal election. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the year in which the election is held. (3) A candidate for county office or the chairperson or treasurer of such candidates campaign committee shall sign and file the required campaign contribution disclosure reports with the election superintendent in the respective county of election. (4) A candidate for municipal office or such candidates campaign committee shall file the reports with the municipal clerk in the respective municipality of election or, if there is no clerk, with the chief executive officer of the municipality. (b)(1) All reports shall list the following: (A) The As to any contributions of $101.00 or more, its amount and date of receipt, along with the name, and mailing address, occupation, and employer of any person making a contribution of $101.00 or more, including of the person making the contribution, and, if that person is an individual, that persons occupation and the name of his or her employer. Such contributions shall include, but shall not be limited to, the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events coordinated for the purpose of raising campaign contributions for the reporting candidate person; (B) The name and mailing address and occupation or place of employment of any person to whom an expenditure of $101.00 or more is made and the amount, date, and general purpose of such expenditure; As to any expenditure of $101.00 or more, its amount and date of expenditure, the name and mailing address of the person receiving the expenditure, and, if that person is an individual, that persons occupation and the name of his or her employer and the general purpose of the expenditure; (C) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship; (D) Total contributions received and total expenditures made as follows: (i) Contributions and expenditures shall be reported for the applicable reporting cycle; (ii) A reporting cycle shall commence on January 1 of the year in which an election is to be held for the public office to which a candidate seeks election and shall conclude: (I) At the expiration of the term of office if such candidate is elected and does not seek reelection or election to some other office; 1397 1392 JOURNAL OF THE SENATE (II) On December 31 of the year in which such election was held if such candidate is unsuccessful; or (III) If such candidate is successful and seeks reelection or seeks election to some other office the current reporting cycle shall end when the reporting cycle for reelection or for some other office begins; (iii) The first report of a reporting cycle shall list the net balance on hand brought forward from the previous reporting cycle, if any, and the total contributions received during the period covered by the report; (iv) Subsequent reports shall list the total contributions received during the period covered by the report and the cumulative total of contributions received during the reporting cycle; (v) The first report of a reporting cycle shall list the total expenditures made during the period covered by the report; (vi) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting cycle, and net balance on hand; and (vii) If a public officer seeks reelection to the same public office, the net balance on hand at the end of the current reporting cycle shall be carried forward to the first report of the applicable new reporting cycle; and (E) The corporate, labor union, or other affiliation of any political action committee or independent committee making a contribution of $101.00 or more. (2) Each report shall be in such form as will allow for the separate identification of a contribution or contributions which are less than $101.00 but which become reportable due to the receipt of an additional contribution or contributions which when combined with such previously received contribution or contributions cumulatively equal or exceed $101.00. (c) Candidates or campaign committees which accept contributions, make expenditures designed to bring about the nomination or election of a candidate, or have filed a declaration of intention to accept campaign contributions pursuant to subsection (g) of Code Section 21-5-30 shall file campaign contribution disclosure reports in compliance with the following schedule: (1) In each nonelection year on June 30 and December 31; (2) In each year in which the candidate qualifies to run for public office: (A) On March 31, June 30, September 30, October 25, and December 31; (B) Six days before any run-off primary or election in which the candidate is listed on the ballot; and (C) During the period of time between the last report due prior to the date of any state-wide primary or state-wide election for which the candidate is qualified and the date of such primary or election, all contributions of $1,000.00 or more must shall be reported within 48 hours of receipt to the location where the original disclosure report for such candidate or committee was filed and also reported on the next succeeding regularly scheduled campaign contribution disclosure report; (3) If the candidate is candidate in a special primary or special primary runoff, 15 1398 MONDAY, MARCH 15, 2004 1393 days prior to the special primary and six days prior to the special primary runoff; and (4) If the candidate is candidate in a special election or special election runoff, 15 days prior to the special election and six days prior to the special election runoff. All persons or entities required to file reports shall have a five-day grace period in filing the required reports, except that the grace period shall be two days for required reports prior to run-off primaries or run-off elections, and no grace period shall apply to contributions required to be reported within 48 hours. The mailing of such reports by United States mail with adequate postage affixed, within the required filing time as determined by the official United States postage date cancellation, shall be prima-facie evidence of filing but reports required to be filed within 48 hours of a contribution must shall also be reported by facsimile, electronic transmission, or otherwise within those 48 hours to the location where the original disclosure report for such candidate or committee was filed. A report or statement required to be filed by this Code section other than a report of contributions required to be reported within 48 hours shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calendar year of the election shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported. (d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution of $101.00 or more, such candidate shall only be required to make the initial and final report as required under this chapter. (e) Any person who makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates, and any independent committee, shall file a registration with the Secretary of State commission in the same manner as is required of campaign committees prior to accepting or making contributions or expenditures. Such persons, other than independent committees, shall also file campaign contribution disclosure reports in the same places and at the same times as required of the candidates they are supporting, but such persons are not required to file copies of campaign contribution disclosure reports with local election superintendents as is required of candidates for membership in the General Assembly. The following persons shall be exempt from the foregoing registration and reporting requirements: (1) Individuals making aggregate contributions of $25,000.00 or less directly to candidates or the candidates campaign committees in one calendar year; and (2) Persons other than individuals making aggregate contributions and expenditures to or on behalf of candidates of $5,000.00 or less in one calendar year.; and (3) Contributors who make contributions to only one candidate during one calendar year, regardless of the amount contributed. (f)(1) Any independent committee which accepts contributions or makes expenditures for the purpose of affecting the outcome of an election or advocates the election or defeat of any candidate shall file disclosure reports with the Secretary of State commission as follows: 1399 1394 JOURNAL OF THE SENATE (A) On on the first day of each of the two calendar months preceding any such election; (B) Two two weeks prior to the date of such election; and (C) Within within the two-week period prior to the date of such election the independent committee shall report within 48 hours any contributions or expenditure of more than $1,000.00. The independent committee shall file a final report prior to December 31 of the year in which the election is held and shall file supplemental reports on June 30 and December 31 of each year that such independent committee continues to accept contributions or make expenditures. (2) Reports filed by independent committees shall list the following: (A) The amount and date of receipt, along with the name, mailing address, occupation, and employer of any person making a contribution of $101.00 or more; (B) The name, mailing address, occupation, and employer of any person to whom an expenditure or provision of goods or services of the value of $101.00 or more is made and the amount, date, and general purpose thereof, including the name of the candidate or candidates, if any, on behalf of whom, or in support of or in opposition to whom, the expenditure or provision was made; (C) Total expenditures made as follows: (i) Expenditures shall be reported for the applicable reporting year; (ii) The first report of a reporting year shall list the total expenditures made during the period covered by the report; and (iii) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting year, and net balance on hand; and (D) The corporate, labor union, or other affiliation of any political action committee, candidate, campaign committee, or independent committee making a contribution of the value of $101.00 or more. (3) Whenever any independent committee makes an expenditure for the purpose of financing any communication intended to affect the outcome of an election, such communication shall clearly state that it has been financed by such independent committee. (g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer shall file campaign contribution disclosure reports with the Secretary of State commission as follows: (1) An initial report shall be filed within 15 days after the date when the official recall petition forms were issued to the sponsors; (2) A second report shall be filed 45 days after the filing of the initial report; (3) A third report shall be filed within 20 days after the election superintendent certifies legal sufficiency or insufficiency of a recall petition; (4) A final report shall be filed prior to December 31 of the year in which the recall election is held or, in any case where such recall election is not held, a final report 1400 MONDAY, MARCH 15, 2004 1395 shall be filed prior to December 31 of any year in which such campaign committee accepts such contributions or makes such expenditures; and (5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the election superintendent in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality. Each filing officer shall forward a copy of the reporting forms required by this Code section to each candidate or public officer holding elective office required to file such report within a reasonable time prior to each filing. (h) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign contribution disclosure report with the Secretary of State commission 75, 45, and 15 days prior to the date of the election and shall file a final report prior to December 31 of the year in which the election is held. (i) In any county in which the county board of elections does not maintain an office open to the public during normal business hours for five days a week, the reports required by this Code section shall be filed in the office of the judge of the probate court of that county. (j)(1) Any person elected to a public office who is required to file campaign contribution disclosure reports pursuant to this article shall, upon leaving public office with excess contributions, be required to file supplemental campaign contribution disclosure reports on June 30 and December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. (2) Any person who is an unsuccessful candidate in an election and who is required to file campaign contribution disclosure reports pursuant to this article shall for the remainder of the reporting cycle file such reports at the same times as a successful candidate and thereafter, upon having excess contributions from such campaign, be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. Any unsuccessful candidate in an election who is required to file campaign contribution disclosure reports pursuant to this article and who receives contributions following such election to retire debts incurred in such campaign for elective office shall be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such unpaid expenditures from such campaign are satisfied. (k) Notwithstanding any other provision of this chapter to the contrary, soil and water conservation district supervisors elected pursuant to Article 2 of Chapter 6 of Title 2, the 'Soil and Water Conservation Districts Law,' shall not be required to file campaign 1401 1396 JOURNAL OF THE SENATE contribution disclosure reports under this Code section. (l) In addition to other penalties provided under this chapter, an additional filing fee of $25.00 shall be imposed for each report that is filed late. In addition, a filing fee of $50.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed; provided, however, a 15 day extension period shall be granted on the final report. (m) It shall be the duty of the commission or any other officer or body which receives for filing any disclosure report or statement or other document required to be filed under this chapter to maintain with the filed document a copy of the postal markings or statutory overnight delivery service markings of any envelope, package, or wrapping in which the document was delivered for filing if mailed or sent after the date such filing was due." SECTION 12. Said chapter is further amended by striking Code Section 21-5-34.1, relating to filing campaign contribution disclosure reports electronically, and inserting in lieu thereof the following: "21-5-34.1. (a) Beginning February 1, 2001, candidates Candidates seeking election to constitutional offices, the Supreme Court, the Court of Appeals, and the Public Service Commission shall use electronic means to file their campaign contribution disclosure reports with the Secretary of State commission upon having raised or spent a minimum of $20,000.00 in an election cycle. Under that threshold, electronic filing is permitted and encouraged but not required. (b) Beginning January 1, 2003, candidates Candidates seeking election to the General Assembly, superior courts, and the office of district attorney shall use electronic means to file their campaign contribution disclosure reports with the Secretary of State commission, as specified in Code Section 21-5-34, upon having raised or spent a minimum of $10,000.00 in an election cycle, but contributions and expenditures received or made prior to reaching such threshold need not be electronically filed if previously reported, except as cumulative totals. Under that threshold, electronic filing is permitted and encouraged but not required. (c) Beginning January 1, 2003, candidates Candidates seeking election to county or municipal offices shall use electronic means to file their campaign contribution disclosure reports with the election superintendent of their county or the municipal clerk or chief executive officer of their municipality, as specified in Code Section 21-534, upon having raised or spent a minimum of $10,000.00 in an election cycle, but contributions and expenditures received or made prior to reaching such threshold need not be electronically filed if previously reported, except as cumulative totals. Under that threshold, electronic filing is permitted and encouraged but not required. (d) Beginning January 1, 2003, political Political action committees, independent committees, and any persons otherwise required by this article to file campaign contribution disclosure reports shall use electronic means to file such reports with the 1402 MONDAY, MARCH 15, 2004 1397 Secretary of State commission upon having raised or spent $5,000.00 in a calendar year. Under that threshold, electronic filing is permitted and encouraged but not required. (e) When campaign contribution disclosure reports are filed electronically as provided in subsections (a) through (d) of this Code section, the original report shall be filed at the same location. (f) No funds raised or spent prior to the implementation date of electronic filing shall be counted toward the appropriate threshold. (g) The commission is authorized to promulgate rules and regulations to implement this Code section." SECTION 13. Said chapter is further amended by striking Code Section 21-5-35, relating to acceptance of contributions during legislative sessions, and inserting in lieu thereof the following: "21-5-35. (a) No member of the General Assembly or that members campaign committee or public officer elected state wide or campaign committee of such public officer shall accept or solicit a contribution or a pledge of a contribution during a legislative session. (b) Subsection (a) of this Code section shall not apply to: (1) The receipt of a contribution which is returned with reasonable promptness to the donor or the donors agent; (2) The receipt and acceptance during a legislative session of a contribution consisting of proceeds from a dinner, luncheon, rally, or similar fundraising event held prior to the legislative session; or (3) A judicial officer elected state wide or campaign committee of such judicial officer." SECTION 14. Said chapter is further amended by striking paragraph (6.2) of Code Section 21-5-40, relating to definitions applicable to campaign contributions, and inserting in lieu thereof the following: "(6.2) 'Public office' means the office of each elected public officer as specified in paragraph (15)(20) of Code Section 21-5-3." SECTION 15. Said chapter is further amended by striking Code Section 21-5-50, relating to filing by public officers and filings by candidates for public office, and inserting in lieu thereof the following: "21-5-50. (a)(1) Except as modified in subsection (c) of this Code section with respect to candidates for state-wide elected public office, each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) (20) of Code Section 21-5-3, shall 1403 1398 JOURNAL OF THE SENATE file with the Secretary of State commission not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year; and each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (E) of paragraph (15) (20) of Code Section 21-5-3, shall file with the Secretary of State commission, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (2) Each public officer, as defined in subparagraph (F) of paragraph (15) (20) of Code Section 21-5-3, shall file with the election superintendent of the county of election of such public officer, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (F) of paragraph (15) (20) of Code Section 21-5-3, shall file with the election superintendent of the county of election, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (3) Each public officer, as defined in subparagraph (G) of paragraph (15) (20) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (G) of paragraph (15) (20) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (4) The filing officer shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter. (5) A public officer shall not, however, be required to file such a financial disclosure statement for the preceding calendar year in a year in which there occurs qualifying for election to succeed such public officer, if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this subsection, a public officer shall not be deemed to hold office in a year in which the public officer holds office for less than 15 days. (b) A financial disclosure statement shall be in the form specified by the commission and shall identify: (1) Each monetary fee or honorarium of $101.00 or less which is accepted by a public officer from speaking engagements, participation in seminars, discussion 1404 MONDAY, MARCH 15, 2004 1399 panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer, with a statement identifying the fee or honorarium accepted and the person from whom it was accepted as permitted by subsection (b) of Code Section 21-5-75; (2) All fiduciary positions held by the candidate for public office or the public officer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity; (3) The name, address, and principal activity of any business entity and the office held by and the duties of the candidate for public office or public officer within such business entity as of December 31 of the covered year in which such candidate or officer has a direct ownership interest which interest: (A) Is more than 10 5 percent of the total interests in such business; or (B) Has a net fair market value of more than $20,000.00; (4) Each tract of real property in which the candidate for public office or public officer has a direct ownership interest or purchase option as of December 31 of the covered year when that interest has a net fair market value in excess of $20,000.00. As used in this paragraph, the term 'net fair market' value means the appraised value of the property for ad valorem tax purposes less any indebtedness thereon. The disclosure shall contain the county and state and general location therein where the property is located description of the property; (5) The filers occupation, employer, and the principal activity and address of such employer; (6) If he or she has actual knowledge of such ownership interest or knowledge of facts which would put a reasonable and prudent person on notice of such ownership interest, the filer shall name any business or subsidiary thereof in Georgia in which the filers spouse or dependent children, jointly or severally, own a direct ownership interest which interest: (A) Is more than 5 percent of the total interests in such business; or (B) Has a net fair market value of more than $20,000.00 or in which the filers spouse or any dependent child serves as an officer, director, equitable partner, or trustee; (7) If the filer has engaged in a business in a fiduciary position during the last reporting year which provides legal, investment, accounting, medical or health related, real estate, banking, insurance, educational, farming, engineering, architectural, construction, or other professional services or consultations, then the filing party shall report each category from which the gross income received from all combined clients in such category exceeds $10,000.00 and the amount of the gross income. Such categories shall be established by rule of the commission and may include a stock investment portfolio, electric utilities, gas utilities, telephone utilities, water utilities, cable television companies, intrastate transportation companies, pipeline companies, oil or gas exploration companies or both, oil and gas retail companies, banks, savings and loan associations, loan or finance companies or both, manufacturing firms, mining companies, life insurance companies, casualty insurance 1405 1400 JOURNAL OF THE SENATE companies, other insurance companies, retail companies, beer, wine, or liquor companies or distributors or any combination thereof, trade associations, professional associations, governmental associations, associations of public employees or public officials, and counties; (5)(8) All annual payments in excess of $20,000.00 received by the public officer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments; and (6)(9) No form prescribed by the commission shall require more information or specify more than provided in the several paragraphs of this Code section with respect to what is required to be disclosed. (c)(1) Each person who qualifies with a political party as a candidate for party nomination to a public office elected state wide (including an incumbent public officer elected state wide qualifying to succeed himself or herself) shall file with the Secretary of State commission, not later than seven days after so qualifying, a financial disclosure statement. Each person who qualifies as a candidate for election to a public office elected state wide through a nomination petition or convention shall likewise file a financial disclosure statement not later than seven days after filing his or her notice of candidacy. Such financial disclosure statement shall comply with the requirements of subsections (a) and (b) of this Code section and shall in addition identify, for the preceding five calendar years: (A) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate (whether for himself or herself or on behalf of any business) or any business in which such candidate or any member of his or her family has a substantial interest or is an officer of such business has transacted business with the government of the State of Georgia, the government of any political subdivision of the State of Georgia, or any agency of any such government; and (B) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate or any business in which such candidate or any member of his or her family has a substantial interest or is an officer of such business received any income of any nature from any person who was at the time of such receipt of income represented by a lobbyist registered with the commission pursuant to Article 4 of this chapter. (2) The financial disclosure statement required by paragraph (1) of this subsection shall include an itemized list of the transactions required to be reported, including the date of, dollar amount of, and parties to each such transaction. However, with respect to any transactions of a privileged nature only the total amount of such transactions shall be required to be reported, and names, dates, amounts of individual transactions, and other identifying data may be omitted; and for this purpose 'transactions of a privileged nature' shall include transactions between attorney and client, transactions 1406 MONDAY, MARCH 15, 2004 1401 between psychiatrist and patient, transactions between physician and patient, and any other transactions which are by law of a similar privileged and confidential nature. (3) The financial disclosure statement required by paragraph (1) of this subsection shall be accompanied by a financial statement of the candidates financial affairs for the calendar year prior to the year in which the election is held and the first quarter of the calendar year in which the election is held. (4)(A) As used in this subsection, the term: (i)(A) 'Agency' means any agency, authority, department, board, bureau, commission, committee, office, or instrumentality of the State of Georgia or any political subdivision of the State of Georgia. (ii)(B) 'Financial statement' means a statement of a candidates financial affairs in a form substantially equivalent to the short form financial statement required for bank directors under the rules of the Department of Banking and Finance. (B) As used in this subsection, the term: (i)(C) 'Member of the family' includes the candidates spouse and dependent children; and. (ii)(D) 'Person' and 'transact business' shall have the meanings specified in Code Section 45-10-20. (iii)(E) 'Substantial interest' means the direct or indirect ownership of 10 percent or more of the assets or stock of any business. (5) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for nomination or election to public office until after the filing date otherwise applicable, such person shall make the filings required by this subsection within seven days after so qualifying. (d) Beginning January 10, 2005, all state-wide elected officials and members of the General Assembly shall file financial disclosure statements electronically. Prior to such date electronic filing of financial disclosure statements by such persons is permitted and encouraged but not required." SECTION 16. Said chapter is further amended by striking Code Section 21-5-52, relating to filing by mail, and inserting in lieu thereof the following: "21-5-52. Depositing of a properly addressed financial disclosure statement in the United States mails with adequate postage affixed shall constitute filing on the date of mailing. (a) The mailing of financial disclosure statements by United States mail, with adequate postage affixed, within the required filing time as determined by the official United States postage date cancellation, shall be prima-facie evidence of filing. (b) It shall be the duty of the commission or any other officer or body which receives for filing any disclosure report or statement or other document required to be filed under this chapter to maintain with the filed document a copy of the postal markings or statutory overnight delivery service markings of any envelope, package, or wrapping in 1407 1402 JOURNAL OF THE SENATE which the document was delivered for filing if mailed or sent after the date such filing was due." SECTION 17. Said chapter is further amended by striking Code Section 21-5-70, relating to definitions, and inserting in lieu thereof the following: "21-5-70. As used in this article, the term: (1) 'Expenditure': (A) Means a purchase, payment, distribution, loan, advance, deposit, or conveyance of money or anything of value made for the purpose of influencing the actions of any public officer or public employee; (B) Includes any other form of payment when such can be reasonably construed as designed to encourage or influence a public officer; (C) Includes any gratuitous transfer, payment, subscription, advance, or deposit of money, services, or anything of value, unless consideration of equal or greater value is received; (D) Notwithstanding division (x) of subparagraph (E) of this paragraph, includes food or beverage consumed at a single meal or event by a public officer or public employee or a member of the immediate family of such public officer or public employee; and (E) The term shall not include: (i) The value of personal services performed by persons who serve voluntarily without compensation from any source; (ii) A gift received from a member of the public officers immediate family; (iii) Legal compensation or expense reimbursement provided public employees and public officers in the performance of their duties; (iv) Promotional items generally distributed to the general public or to public officers and food and beverages produced in Georgia; (v) An award, plaque, certificate, memento, or similar item given in recognition of the recipients civic, charitable, political, professional, or public service; (vi) Legitimate salary, benefits, fees, commissions, or expenses associated with a recipients nonpublic business, employment, trade, or profession; (vii) Food, beverages, and registration at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. An agency shall include the Georgia House of Representatives, the Georgia Senate, committees and subcommittees of such bodies, and the governing body of each political subdivision of this state; (viii) Campaign contributions or expenditures reported as required by Article 2 of this chapter; (ix) A commercially reasonable loan made in the ordinary course of business; or (x) Food, beverage, or expenses afforded public officers, members of their immediate families, or others that are associated with normal and customary 1408 MONDAY, MARCH 15, 2004 1403 business or social functions or activities. (2) 'Filed' means the delivery to the State Ethics Commission, as specified in this article, of a document that satisfies the requirements of this article. A document is considered delivered when it is placed in the United States mail within the required filing time, properly addressed to the State Ethics Commission, as specified in this article, with adequate postage affixed. (2.1) 'Gift' means anything of value exceeding $50.00 including, but not limited to, food, beverages, lodging, travel, transportation, personal services, gratuities, honoraria, subscriptions, memberships, trips, loans, extensions of credit, forgiveness of debts, or advances or deposits of money. Gift shall not include a bona fide loan made by a state or federally chartered financial institution or a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation if such loan is made in the normal course of business with the expectation on the part of all parties that such loan shall be repaid and such loan is based on the credit worthiness of the borrower and the borrower is personally liable for the repayment of the loan. Gift shall not include those items identified in division (1)(E)(vii) of this Code section. For purposes of this paragraph, reimbursement or payment of actual and reasonable expenses for food, beverages, travel, transportation, lodging, and registration for a meeting which is provided to a public officer or employee to permit such public officers or employeess participation in a panel or speaking engagement at the meeting shall not be considered a gift. (3) 'Identifiable group of public officers' means a description that is specifically determinable by available public records. (4) 'Immediate family' means a spouse or child. (5) 'Lobbying' means the activity of a lobbyist while acting in that capacity. (6) 'Lobbyist' means: (A) Any natural person who, for compensation, either individually or as an employee of another person, undertakes to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; (B) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the persons own travel, food, lodging expenses, or informational material to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; (C) Any natural person who as an employee of the executive branch or judicial branch of state government engages in any activity covered under subparagraph (A) of this paragraph; (D) Any natural person who, for compensation, either individually or as an employee of another person, undertakes to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (15) (20) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; 1409 1404 JOURNAL OF THE SENATE (E) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the persons own travel, food, lodging expenses, or informational material to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (15) (20) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; or (F) Any natural person who as an employee of the executive branch or judicial branch of local government engages in any activity covered under subparagraph (D) of this paragraph.; (G) Any natural person who, for compensation, either individually or as an employee of another person undertakes to influence a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency but does not include a person solely on the basis that such person participates in preparing a written bid, written proposal, or other document relating to a potential sale to a state agency; or (H) Any natural person who, for compensation, either individually or as an employee of another person undertakes to promote or oppose the promulgation of administrative rules or regulations by any state agency. (7) 'Public officer' means those public officers specified under subparagraphs (A) through (G) of paragraph (15) (20) of Code Section 21-5-3, as amended, except as otherwise provided in this article and also includes any public officer or employee who has any discretionary authority over, or is a member of a public body which has any discretionary authority over, the selection of a vendor to supply any goods or services to any state agency. (8) 'State agency' means any branch of state government, agency, authority, department, board, bureau, commission, council, corporation, entity, or instrumentality of the state but does not include a local political subdivision, such as a county, city, or local school district or an instrumentality of such a local political subdivision. (9) 'Vendor' means any person who sells to or contracts with any state agency for the provision of any goods or services." SECTION 18. Said chapter is further amended by striking Code Section 21-5-71, relating to lobbyist registration requirements, including the application, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions, and inserting in lieu thereof the following: "21-5-71. (a) No person shall engage in lobbying as defined by this article unless such person is registered with the State Ethics Commission as a lobbyist. The administration of this article is vested in the State Ethics Commission. The State Ethics Commission shall be the successor to the Secretary of State with respect to such officers former regulation of registered agents. 1410 MONDAY, MARCH 15, 2004 1405 (b) Each lobbyist shall file an application for registration with the commission. The application shall be verified by the applicant and shall contain: (1) The applicants name, address, and telephone number; (2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf; (3) A statement of the general business or purpose of each person, firm, corporation, association, or agency the applicant represents; (4) If the applicant represents a membership group other than an agency or corporation, the general purpose and approximate number of members of the organization; and (5) A statement signed by the person or agency employing, appointing, or authorizing the applicant to lobby on its behalf.; and (6) If the applicant is a lobbyist within the meaning of subparagraph (G) or (H) of paragraph (6) of Code Section 21-5-70, the name of the state agency or agencies before which the applicant engages in lobbying. (c) The lobbyist shall, within seven days of any substantial or material change or addition, file a supplemental registration indicating such substantial or material change or addition to the registration prior to its expiration. Previously filed information may be incorporated by reference. Substantial or material changes or additions shall include, but are not limited to, the pertinent information concerning changes or additions to client and employment information required by paragraphs (2), (3), and (4), and (6) of subsection (b) of this Code section. (d) Each registration under this Code section shall expire on December 31 of each year. The commission may establish renewal procedures for those applicants desiring continuous registrations. Previously filed information may be incorporated by reference. (e) The commission shall provide a suitable public docket for registration under this Code section with appropriate indices and shall enter promptly therein the names of the lobbyists and the organizations they represent. (f)(1) Each person registering under this Code section shall pay the registration fees set forth in paragraph (2) of this subsection; provided, however, that a person who represents any state, county, municipal, or public agency, department, commission, or authority shall be exempted from payment of such registration fees and a person employed by an organization exempt from federal income taxation under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2, shall be exempted from payment of such registration fees except for payment of an initial registration fee of $25.00. (2) The commission shall collect the following fees: (A) Annual lobbyist registration filed pursuant to this Code section ........... $ 200.00 (B) Lobbyist supplemental registration filed pursuant to this Code section 10.00 (C) Each lobbyist identification card issued pursuant to this Code section 5.00 1411 1406 JOURNAL OF THE SENATE (D) In addition to other penalties provided under this chapter, a filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed. (g) As soon as practicable after registering any such person, the commission shall issue to such person an identification card which shall have printed thereon the name of the lobbyist and the person or agency such lobbyist represents, provided that, when any such person represents more than one entity, such identification card shall have printed thereon the name of the registered person and the word 'LOBBYIST.' Each lobbyist while engaged in lobbying at the capitol or in a government facility shall display said identification in a readily visible manner. (h) The commission shall regularly publish public rosters of lobbyists along with the respective persons, firms, corporations, associations, agencies, or governmental entities they represent. During sessions of the General Assembly, the commission shall weekly report to the Clerk of the House of Representatives, the Secretary of the Senate, and the Governor those persons who have registered as lobbyists since the convening of the General Assembly. The commission shall be authorized to charge a reasonable fee for providing copies of the roster to the public. (i) The registration provisions of this Code section shall not apply to: (1) Any individual who expresses personal views, on that individuals own behalf, to any public officer; (2) Any person who appears before a public agency or governmental entity committee or hearing for the purpose of giving testimony when such person is not otherwise required to comply with the registration provisions of this Code section; (3) Any public employee of an agency appearing before a governmental entity committee or hearing at the request of the governmental entity or any person who furnishes information upon the specific request of a governmental entity; (4) Any licensed attorney appearing on behalf of a client in any adversarial proceeding before an agency of this state; (5) Any person employed or appointed by a lobbyist registered pursuant to this Code section whose duties and activities do not include lobbying; (6) Elected public officers performing the official duties of their public office; and (7) A public employee who performs services at the direction of a member of the General Assembly including, but not limited to, drafting petitions, bills, or resolutions; attending the taking of testimony; collating facts; preparing arguments and memorials and submitting them orally or in writing to a committee or member of the General Assembly; and other services of like character intended to reach the reason of the legislators." SECTION 19. Said chapter is further amended by striking Code Section 21-5-73, relating to disclosure reports, and inserting in lieu thereof the following: 1412 MONDAY, MARCH 15, 2004 1407 "21-5-73. (a) Each lobbyist registered under this article shall file disclosure reports as provided for in this Code section. Beginning January 10, 2005, lobbyists shall file such reports by electronic means. (b) A person who is a lobbyist pursuant to subparagraph (A), (B), or (C) of paragraph (6) of Code Section 21-5-70 shall file a monthly disclosure report, current through the end of the preceding month, shall be filed on or before the fifth day of any month while the General Assembly is in session. (c) A person who is a lobbyist pursuant to subparagraph (D) or (E) of paragraph (6) of Code Section 21-5-70 shall: (1) File file a disclosure report, current through the end of the preceding month, on or before the fifth day of May, September, and January of each year instead of the reports otherwise required by subsection (c) subsections (b) and (d) of this Code section and the first sentence of this subsection; and (2) File file such report with the commission, file a copy of such report with the election superintendent of each county involved if the report contains any expenditures relating to county or county school district affairs, and file a copy of such report with the municipal clerk (or if there is no municipal clerk, with the chief executive officer of the municipality) of each municipality involved if the report contains any expenditures relating to municipal affairs or independent school district affairs. (c)(d) A person who is a lobbyist pursuant to subparagraph (A), (B), (C), (F), (G), or (H) of paragraph (6) of Code Section 21-5-70 shall file a disclosure report, current through the end of the period ending on July 31 and December 31 of each year, shall be filed on or before August 5 and January 5 of each year. (d)(e) Reports filed by lobbyists shall be verified and shall include: (1) A description of all expenditures, as defined in Code Section 21-5-70, or the value thereof made by the lobbyist, or employees of the lobbyist, or employer or client of the lobbyist on behalf or for the benefit of a public officer. The description of each reported expenditure shall include: (A) The name and title of the public officer or, if the expenditure is simultaneously incurred for an identifiable group of public officers the individual identification of whom would be impractical, a general description of that identifiable group; (B) The amount, date, and description of the expenditure; (C) The provisions of Code Section 21-5-70 notwithstanding, aggregate expenditures described in divisions (1)(E)(vii) and (1)(E)(x) of Code Section 21-570 incurred during the reporting period; provided, however, expenses for travel and for food, beverage, and lodging in connection therewith afforded a public officer shall be reported in the same manner as under subparagraphs (A), (B), and (D) of this paragraph; and (D) If applicable, the number of the bill, resolution, ordinance, rule, or regulation pending before the governmental entity in support of or opposition to which the expenditure was made; and 1413 1408 JOURNAL OF THE SENATE (2) The names of any public officer or any members of the immediate family of a public officer employed by or whose professional services are paid for by the lobbyist or any person on whose behalf a lobbyist is registered during the reporting period; (3) For those who are lobbyists within the meaning of subparagraph (G) of paragraph (6) of Code Section 21-5-70, the name of any vendor or vendors for which the lobbyist undertook to influence the awarding of a contract or contracts by any state agency together with a description of the contract or contracts and the monetary amount of the contract or contracts; and (4) For those who are lobbyists within the meaning of subparagraph (H) of paragraph (6) of Code Section 21-5-70, a description, by number or otherwise, of any rule or regulation promoted or opposed by the lobbyist. (f) The reports required by this article shall be in addition to any reports required under Code Section 45-1-6, relating to required reports by state vendors of gifts to public employees. Compliance with this Code section shall not excuse noncompliance with that Code section, and compliance with that Code section shall not excuse noncompliance with this Code section, notwithstanding the fact that in some cases the same information may be required to be disclosed under both Code sections." SECTION 20. Said chapter is further amended by adding new Code Sections 21-5-74, 21-5-75, 21-576, and 21-5-77 to follow Code Section 21-5-73 to read as follows: "21-5-74. A lobbyist shall not be eligible for legislative or executive appointment to any board, authority, commission, or bureau created and established by the laws of this state which regulates the activities of a business, firm, corporation, or agency that the lobbyist represented until one year after the expiration of the lobbyists registration. 21-5-75. (a) Neither a lobbyist nor any person on whose behalf a lobbyist is registered shall make any gift as defined in paragraph (2.1) of Code Section 21-5-70 to any public officer or employee or to any person on such public officers or employees staff or to the public officers or employees family, nor shall any such person accept a gift from a lobbyist or from any person on whose behalf a lobbyist is registered. If a gift is accepted, it must be returned or reimbursed to the donor. Where appropriate for purposes of tradition, ceremony, or intergovernmental relations, or when acting as a representative of a department, board, bureau, agency, commission, or authority, a public officer or employee may accept a gift on behalf of such department, board, bureau, agency, commission, or authority. If the gift retains value after its acceptance, the public officer or employee must maintain custody of the gift no longer than reasonably necessary to arrange for the transfer of custody of the gift to the public officers or employees department, board, bureau, agency, commission, or authority or to a charitable organization on behalf of such department, board, bureau, 1414 MONDAY, MARCH 15, 2004 1409 agency, commission, or authority. (b)(1) Notwithstanding subsection (a) of this Code section, a part-time public officer may accept a monetary fee or honorarium if: (A) The public officers private employment or profession requires public speaking; and (B) The speaking engagement, seminar, discussion panel, or other activity does not relate to the official duties of the public officer. (2) A part-time public officer who accepts a monetary fee or honorarium in accordance with this Code section shall file a financial disclosure statement in accordance with Code Section 21-5-50. 21-5-76. On and after January 10, 2005, every public officer shall be prohibited from registering as a lobbyist or engaging in lobbying under this article for a period of one year after leaving such office. 21-5-77. (a) No person, firm, corporation, or association shall retain or employ an attorney at law or an agent to aid or oppose legislation for compensation contingent, in whole or in part, upon the passage or defeat of any legislative measure or upon the receipt or award of any state contract. No attorney at law or agent shall be employed to aid or oppose legislation for compensation contingent, in whole or in part, upon the passage or defeat of any legislation or upon the receipt or award of any state contract. (b) It shall be unlawful for any person registered pursuant to the requirements this article or for any other person, except as authorized by the rules of the House or Senate, to be on the floor of either house of the General Assembly while the same is in session to discuss privately measures then pending in the General Assembly." SECTION 21. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking paragraph (2.1) of Code Section 36-67A-1, relating to definitions for conflicts of interest in zoning actions, and inserting in lieu thereof the following: "(2.1) 'Campaign contribution' means a 'contribution' as defined in paragraph (6) (7) of Code Section 21-5-3." SECTION 22. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking Code Section 42-9-17, relative to appearances before the Board of Pardons and Paroles by members of the General Assembly or state elected or appointed officials, and inserting in lieu thereof the following: "42-9-17. (a) It shall be unlawful for members of the General Assembly or any other state 1415 1410 JOURNAL OF THE SENATE elected or appointed official to accept any compensation for appearing before contact the board in behalf of with respect to a person under the jurisdiction of the board and for seeking a decision on behalf of the person. Nothing in this Code section shall be construed so as to prohibit: (1) Members of the General Assembly or state elected or appointed officials from appearing before the board when their official duties require them to do so; or (2) Members of the General Assembly or state elected or appointed officials from requesting information from and presenting information to the board on behalf of constituents when no compensation, gift, favor, or anything of value is accepted, either directly or indirectly, for such services; (3) Members of the General Assembly or state elected or appointed officials from forwarding correspondence or communications received from third parties to the board, so long as the correspondence or communications are forwarded in substantially the same form in which they were received; (4) The Attorney General, assistant attorney general, judge, district attorney, assistant district attorney, solicitor-general, assistant solicitor-general, or public defender as defined in Code Section 17-12-2 while acting in his or her official capacity; or (5) Members of the General Assembly who are attorneys representing clients from appearing before the board. (b) Nothing in subsection (a) of this Code section shall be construed to apply to the acceptance of compensation, expenses, and allowances received by members of the General Assembly or any other state elected or appointed official for their duties as such members or officials. (c)(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor." SECTION 23. Title 45 of the Official Code of Georgia Annotated, relating to public officers, is amended by striking Code Section 45-1-4, relating to complaints or information regarding fraud, waste, and abuse in state programs and operations, and inserting in lieu thereof the following: "45-1-4. (a) As used in this Code section, the term: (1) 'Government agency' means any agency of federal, state, or local government charged with the enforcement of laws, rules, or regulations. (2) 'Law, rule, or regulation' includes any federal, state, or local statute or ordinance or any rule or regulation adopted according to any federal, state, or local statute or ordinance. (1)(3) 'Public employee' means any person who is employed by the executive, judicial, or legislative branch of the state or by any other department, board, bureau, commission, authority, or other agency of the state except the office of the Governor, the judicial branch, or the legislative branch. This term also includes all 1416 MONDAY, MARCH 15, 2004 1411 employees, officials, or administrators of any agency covered under the State Merit System of Personnel Administration and any local or regional governmental entity that receives any funds from the State of Georgia or any state agency. (2)(4) 'Public employer' means the executive, judicial, or legislative branch of the state and or any other department, board, bureau, commission, authority, or other agency of the state which employs or appoints a public employee or public employees except the office of the Governor, the judicial branch, or the legislative branch or any local or regional governmental entity that receives any funds from the State of Georgia or any state agency. (5) 'Retaliate' or 'retaliation' refers to the discharge, suspension, or demotion by a public employer of a public employee or any other adverse employment action taken by a public employer against a public employee in the terms or conditions of employment. (6) 'Supervisor' means any individual: (A) To whom a public employer has given authority to direct and control the work performance of the affected public employee; (B) To whom a public employer has given authority to take corrective action regarding a violation of or noncompliance with a law, rule, or regulation of which the public employee complains; or (C) Who has been designated by a public employer to receive complaints regarding a violation of or noncompliance with a law, rule, or regulation. (b) A public employer may receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to any state programs and operations under the jurisdiction of such public employer. (c) Notwithstanding any other law to the contrary, such public employer shall not after receipt of a complaint or information from a public employee disclose the identity of the public employee without the written consent of such public employee, unless the public employer determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the public employee shall be notified in writing at least seven days prior to such disclosure. (d) No action against any public employee shall be taken or threatened by any public employer who has authority to take, direct others to take, recommend, or approve any personnel action as a reprisal for making a complaint or disclosing information to the public employer unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. (d)(1) No public employer shall make, adopt, or enforce any policy or practice preventing a public employee from disclosing or threatening to disclose a violation of or noncompliance with a law, rule, or regulation to either a supervisor or a government agency. (2) No public employer shall retaliate against a public employee for disclosing or threatening to disclose a violation of or noncompliance with a law, rule, or 1417 1412 JOURNAL OF THE SENATE regulation to either a supervisor or a government agency, unless the disclosure or threatened disclosure was made with knowledge that the disclosure was false or with reckless disregard for its truth or falsity. (3) No public employer shall retaliate against a public employee for objecting to, or refusing to participate in, any activity, policy, or practice of the public employer that the public employee has reasonable cause to believe is in violation of or noncompliance with a law, rule, or regulation. (4) Paragraphs (1), (2), and (3) of this subsection shall not apply to policies or practices which implement, or to actions by public employers against public employees who violate, privilege or confidentiality obligations recognized by constitutional, statutory, or common law. (e) Any action taken in violation of subsection (d) of this Code section shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court. (e)(1) A public employee who has been the object of retaliation in violation of this Code section may institute a civil action in superior court for relief as set forth in paragraph (2) of this subsection within one year after discovering the retaliation or within three years after the retaliation, whichever is earlier. (2) In any action brought pursuant to this subsection, the court may order any or all of the following relief: (A) An injunction restraining continued violation of this Code section; (B) Reinstatement of the employee to the same position held before the retaliation or to an equivalent position; (C) Reinstatement of full fringe benefits and seniority rights; (D) Compensation for lost wages, benefits, and other remuneration; and (E) Any other compensatory damages allowable at law. (f) A court may award reasonable attorneys fees, court costs, and expenses to a prevailing public employee." SECTION 24. Said title is further amended by striking Code Section 45-10-3, relating to code of ethics for members of boards, commissions, and authorities, and inserting in lieu thereof the following: "45-10-3. Notwithstanding any provisions of law to the contrary, each member of all boards, commissions, and authorities created by general statute public official and employee as those terms defined in Code Section 45-10-20 shall: (1) Uphold the Constitution, laws, and regulations of the United States, the State of Georgia, and all governments therein and never be a party to their evasion; (2) Never discriminate by the dispensing of special favors or privileges to anyone, whether or not for remuneration; (3) Not engage in any business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of his or her governmental 1418 MONDAY, MARCH 15, 2004 1413 duties; (4) Never use any information coming to him or her confidentially in the performance of governmental duties as a means for making private profit; (5) Expose corruption wherever discovered; (6) Never solicit, accept, or agree to accept gifts, loans, gratuities, discounts, favors, hospitality, or services from any person, association, or corporation under circumstances from which it could reasonably be inferred that a major purpose of the donor is to influence the performance of the members official duties; (7) Never accept any economic opportunity under circumstances where he or she knows or should know that there is a substantial possibility that the opportunity is being afforded him or her with intent to influence his or her conduct in the performance of his or her official duties; (8) Never engage in other conduct which is unbecoming to a member or which constitutes a breach of public trust; and (9) Never take any official action with regard to any matter under circumstances in which he or she knows or should know that he or she has a direct or indirect monetary interest in the subject matter of such matter or in the outcome of such official action." SECTION 25. Said title is further amended by striking Code Section 45-10-4, relating to code of ethics for members of boards, commissions, and authorities, and inserting in lieu thereof the following: "45-10-4. (a)(1) Upon formal charges being filed with the Governor State Ethics Commission relative to a violation of Code Section 45-10-3, Part 1 of Article 2 of this chapter, or both, on the part of a member of any such board, commission, or authority public official or employee, the Governor or his State Ethics Commission or its designated agent shall conduct a hearing for the purpose of receiving evidence relative to the merits of such charges. The member so charged shall be given at least 30 days notice prior to such hearing. If such charges are found to be true, the Governor shall forthwith remove such member from office and the vacancy shall be filled as provided by law. Such hearing shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and judicial review of any such decision shall be in accordance with such chapter preliminary investigation of the merits of a written complaint by any person who believes that a violation of Code Section 45-10-3, Part 1 of Article 2 of this chapter, or both, has occurred, verified under oath to the best information, knowledge, and belief by the person making such complaint. If there are found no reasonable grounds to believe that a violation has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. If the commission determines that there are such reasonable grounds to believe that a violation has occurred, it shall give notice by summoning the persons believed to have committed the 1419 1414 JOURNAL OF THE SENATE violation to a hearing. The hearing shall be conducted in all respects in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commission may file a complaint charging violations of Code Section 45-10-3, Part 1 of Article 2 of this chapter, or both, and any person aggrieved by the final decision of the commission is entitled to judicial review in accordance with Chapter 13 of Title 50; provided, however, that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under Code Section 45-10-3, Part 1 of Article 2 of this chapter, or both. (2) In any preliminary investigation referenced in paragraph (1) of this subsection, until such time as the commission determines that there are reasonable grounds to believe that a violation has occurred, it shall not be necessary to give the notice by summons nor to conduct a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) If such charges are found to be true as against a member of any board, commission, or authority created by general statute, the Governor may forthwith remove such member from office and the vacancy shall be filled as provided by law. (c)(1) The State Ethics Commission shall have the same powers and duties with respect to this Code section, Code Section 45-10-3, and Part 1 of Article 2 of this chapter as the commission has with respect to Chapter 5 of Title 21. (2) The Attorney General shall have the same powers and duties with respect to this Code section, Code Section 45-10-3, and Part 1 of Article 2 of this chapter as the Attorney General has with respect to Chapter 5 of Title 21. Without limiting the generality of the foregoing it is specifically provided that the Attorney General may bring civil actions for the enforcement of this Code section, Code Section 45-10-3, and Part 1 of Article 2 of this chapter in the same general manner as provided in Chapter 5 of Title 21." SECTION 26. Said title is further amended by striking Code Section 45-10-5, relating to authority to enact rules and regulations, and inserting in lieu thereof the following: "45-10-5. No member of any board, commission, or authority created by general statute shall enact any rules or regulations or publicize such as being general laws and such rules and regulations shall in no way have the effect of law. The provisions of Code Sections 45-10-3 and 45-10-4 or Part 1 of Article 2 of this chapter are in addition to or cumulative of any other criminal penalties imposed by law. Notwithstanding any other provision of law to the contrary, an administrative or civil enforcement action brought pursuant to Code Sections 45-10-3 and 45-10-4 or Part 1 of Article 2 of this chapter shall not bar the prosecution of any violation of the criminal law of this state." SECTION 27. 1420 MONDAY, MARCH 15, 2004 1415 Said title is further amended by adding a new part at the end of Article 2 of Chapter 10, relating to conflicts of interest, to read as follows: "Part 5 45-10-80. (a) Every public officer is prohibited from advocating for or causing the advancement, appointment, employment, promotion, or transfer of a family member to an office or position that pays an annual salary of $10,000.00 or more or its equivalent. (b) Any person advanced, appointed, employed, promoted, or transferred in violation of this Code section shall not be entitled to any payment, salary, or benefits received for any position so illegally obtained; and any person who receives payment, salary, or benefits for a position obtained in violation of this Code section shall be required to reimburse the state for all amounts so received." SECTION 28. Said title is further amended by adding a new Code Section 45-12-61 to follow Code Section 45-12-60 to read as follows: "45-12-61. (a) As used in this Code section, the terms 'campaign committee,' 'contribution,' and 'expenditure' shall have the meanings set forth in Code Section 21-5-3. (b) No person shall be eligible for appointment to fill a vacancy on the Supreme Court, the Court of Appeals, the superior courts, or the state courts if such person has made a contribution to or expenditure on behalf of the Governor or the Governors campaign committee either: (1) in the 30 day period preceding the vacancy, unless the person requests and is provided a refund of such contribution or reimbursement for such expenditure; or (2) on or after the date the vacancy occurs." SECTION 29. This Act shall become effective on January 10, 2005. SECTION 30. All laws and parts of laws in conflict with this Act are repealed. Senator Clay of the 37th offered the following amendment # 1: Amend the Senate Ethics Committee substitute to SB 517 on page 36 by striking "and" from the end of line 16, by striking the period at the end of line 19, and inserting "; and", and by inserting between lines 19 and 20 the following: "(5) A good faith estimate of the total amount of all income from each person on whose behalf a lobbyist is registered, including any payments to the lobbyist by any other person for lobbying activities on behalf of the person on whose behalf a 1421 1416 JOURNAL OF THE SENATE lobbyist is registered during the reporting period, other than income for matters that are unrelated to lobbying activities." Senator Clay of the 37th asked unanimous consent that his amendment # 1 be withdrawn. The consent was granted, and the amendment was withdrawn. Senators Thompson of the 33rd and Zamarripa of the 36th offered the following amendment # 2: Amend the Senate Ethics Committee substitute to SB 517 by inserting after the second semicolon at the end of line 15 of page 1 the following: "to change certain provisions relating to disposition of campaign contributions;". By inserting between lines 9 and 10 of page 16 the following: "SECTION 10.1. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 21-5-33, relating to disposition of campaign contributions, and inserting in lieu thereof the following: '(b)(1) All contributions received by a candidate or such candidates campaign committee or a public officer holding elective office in excess of those necessary to defray expenses pursuant to subsection (a) of this Code section and as determined by such candidate or such public officer may only be used as follows: (A) As contributions to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations; (B) Except as otherwise provided in subparagraph (D)(E) of this paragraph, for transferral without limitation to any national, state, or local committee of any political party or to any candidate; (C) For transferral without limitation to persons making such contributions, not to exceed the total amount cumulatively contributed by each such transferee; (D) For transferral without limitation to the state or a political subdivision of the state to defray all or part of the cost of holding an election to fill the elective office which such candidate sought or public officer holds or held; (D)(E) For use in future campaigns for only that elective office for which those contributions were received. With respect to contributions held on January 1, 1992, or received thereafter, in the event the candidate, campaign committee, or public officer holding elective office has not designated, prior to receiving contributions to which this Code section is applicable, the office for which campaign contributions are received thereby, those contributions shall be deemed to have been received for the elective office which the candidate held at the time the contributions were received or, if the candidate did not then hold elective office, those contributions shall be deemed to have been received for that elective office for which that person was a candidate most recently following the receipt of such contributions; or 1422 MONDAY, MARCH 15, 2004 1417 (E)(F) For repayment of any prior campaign obligations incurred as a candidate.'" On the adoption of the amendment, the yeas were 36, nays 0, and the Thompson, Zamarripa amendment # 2 was adopted. Senators Hooks of the 14th, Starr of the 44th, Gillis of the 20th, Harp of the 16th, Moody of the 27th, Smith of the 25th and others offered the following amendment # 3: Amend the Senate Ethics Committee substitute to SB 517 by inserting after the ";" on line 24 of page 1 the following: "to provide for candidates for the General Assembly who file a declaration of intent to accept campaign contributions to receive and choose to sign a pledge to engage in ethical campaigning;". By inserting between lines 4 and 5 of page 38 a new section to read as follows: "SECTION 20.1. Said chapter is further amended by adding a new article to the end of the chapter to read as follows: 'ARTICLE 4A 21-5-80. Any candidate for the General Assembly who files a declaration of intent to accept campaign contributions pursuant to subsection (g) of Code Section 21-5-30 shall be issued a pledge to engage in ethical campaigning by the Secretary of State as set forth in Code Section 21-5-81. 21-5-81. The text of the pledge shall read as follows: PLEDGE TO ENGAGE IN ETHICAL CAMPAIGNING Realizing that the principles of morality, honesty, and civility are essential to the integrity of the democratic process, I pledge to conduct a campaign consistent with these principles. I will refrain from campaign practices that in any way detract from the honorable pursuit of elective office. I shall not use or permit the use of character defamation, libel, slander, or scurrilous attacks on any candidate or his or her personal or family life, nor shall I use or permit on my behalf misleading or untrue advertisements. _______________________ Name of Candidate ________________________ Signature __________________________ Name of Witness ___________________________ Notary publics signature and seal 1423 1418 JOURNAL OF THE SENATE ________________________ Date 21-5-82. Each candidate for the General Assembly who has filed the intention to accept campaign contributions shall acknowledge receipt of the pledge set forth in Code Section 21-5-81 either by returning the pledge with his or her signature which has been witnessed and notarized or by returning a signed affidavit stating that he or she has received the pledge. The pledge shall be in effect for two years from the date of signing unless a candidate writes to the Secretary of States office and requests that his or her pledge be revoked. 21-5-83. The Secretary of States office shall maintain on its website a list of candidates which indicates candidates who have signed the pledge or acknowledged the pledge in accordance with Code Section 21-5-82 or who have neither signed nor acknowledged the pledge. 21-5-84. A registered voter may initiate a complaint pursuant to Code Section 21-5-7 against a candidate who is running for the General Assembly in his or her district for alleged violations of Code Section 21-5-82. The commission may issue an order after appropriate proceedings as provided for by this chapter and penalize the person who violates Code Section 21-5-82 by making public its conclusion as set forth in paragraph (15) of subsection (b) of Code Section 21-5-6.'" On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Seay Y Shafer Y Smith,F Y Smith,P Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson 1424 MONDAY, MARCH 15, 2004 1419 Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Moody Y Mullis Y Price Y Reed N Seabaugh Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the amendment, the yeas were 54, nays 1, and the Hooks, et al. amendment # 3 was adopted. Senators Clay of the 37th, Adelman of the 42nd, Lamutt of the 21st, Cheeks of the 23rd, Hill of the 4th and Cagle of the 49th offered the following amendment # 4: Amend the Senate Ethics Committee substitute to SB 517 on page 36 by striking "and" from the end of line 16, by striking the period at the end of line 19, and inserting "; and", and by inserting between lines 19 and 20 the following: "(5) A good faith estimate of the total amount of all income from each person on whose behalf a lobbyist is registered, including any payments to the lobbyist by any other person for lobbying activities on behalf of the person on whose behalf a lobbyist is registered during the reporting period, other than income for matters that are unrelated to lobbying activities." On the adoption of the amendment, the yeas were 46, nays 2, and the Clay, et al. amendment # 4 was adopted. Senators Meyer von Bremen of the 12th and Hooks of the 14th offered the following amendment # 5: Amend the Senate Ethics Committee substitute to SB 517 by inserting after the ";" on line 24 of page 1 the following: "to provide for actions for slander and libel and the commissions authority over such activity;". By inserting between lines 4 and 5 of page 38 a new section to read as follows: "SECTION 20.5. Said chapter is further amended by adding a new article to the end of the chapter to read as follows: 'ARTICLE 5 21-5-90. (a) A candidate is liable for any slander or libel, as defined and provided for in Chapter 5 of Title 51, committed by a campaign committee that is controlled by that candidate if the candidate willfully and knowingly directs or permits the libel or slander. (b) In addition to the action provided for in this Code section, the commission may 1425 1420 JOURNAL OF THE SENATE issue an order after appropriate proceedings as provided for by this chapter, requiring the candidate whose committee committed the libel or slander to be fined as set forth in subparagraph (b)(14)(C) of Code Section 21-5-6 and may also make public its conclusion as provided in paragraph (15) of subsection (b) of Code Section 21-5-6.'" On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman 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 Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 54, nays 1, and the Meyer von Bremen, Hooks amendment # 5 was adopted. Senator Adelman of the 42nd offered the following amendment # 6: Amend the committee substitute to SB 517 by striking the words "exceeding $50.00" from line 28 of page 30. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Harbison Y Harp Y Henson Y Hill Y Seay Y Shafer Y Smith,F Y Smith,P 1426 MONDAY, MARCH 15, 2004 1421 Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts N Dean Y Fort N Gillis Golden Y Hall Y Hamrick Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Squires N Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 50, nays 4, and the Adelman amendment # 6 was adopted. Senators Thomas of the 10th and Starr of the 44th offered the following amendment # 7: Amend the Senate Ethics Committee substitute to SB 517 by inserting between lines 2 and 3 of page 9 the following: (13)To investigate upon a written complaint any false, dishonest, or misleading statements made by public officers of this state in the course of his or her official duties and service as an officer of a governmental entity: By striking "(13)" of line 3 of page 9 and inserting in lieu "(14)". By striking "(14)" of line 8 of page 9 and inserting in lieu "(15)". By striking "(15)" of line 17 of page 10 and inserting in lieu "(16)". By striking "(16) of line 19 of page 10 and inserting in lieu "(17)". By striking "(17)" of line 21 of page 10 and inserting in lieu "(18)". By inserting between lines 19 and 20 of page 41 the following: "Section 23.1. Said title is further amended by inserting a new paragraph in Code Section 45-10-1 to state as follows: 45-10-1. There is established for and within the state and for and in all governments therein a code of ethics for government service which shall read as follows: 1427 1422 JOURNAL OF THE SENATE CODE OF ETHICS FOR GOVERNMENT SERVICE Any person in government service should: I. Put loyalty to the highest moral principles and to country above loyalty to persons, party, or government department. II. Uphold the Constitution, laws, and legal regulations of the United States and the State of Georgia and of all governments therein and never be a party to their evasion. III. Be honest and truthful in all statements and representations made before the General Assembly and its committees, the State's departments, commissions and board, and the courts of the State of Georgia and the United States of America. III IV. Give a full day's labor for a full day's pay and give to the performance of his duties his earnest effort and best thought. IV. V. Seek to find and employ more efficient and economical ways of getting tasks accomplished. V. VI. Never discriminate unfairly by the dispensing of special favors of privileges to anyone, whether for remuneration or not, and never accept, for himself or his family, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his governmental duties. VI. VII. Make no private promises of any kind binding upon the duties of office, since a government employee has no private word which can be binding on public duty. VII. VIII. Engage in no business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of his govermental duties. VIII. IX. Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit. IX. Expose corruption wherever discovered. XI. Uphold these principles, ever conscious that public office is a public trust." 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 Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson Y Johnson N Kemp,B Y Kemp,R Y Lamutt N Lee N Levetan Y Me V Bremen Y Seay N Shafer Y Smith,F N Smith,P Squires Y Starr Y Stephens Y Stokes N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson 1428 MONDAY, MARCH 15, 2004 1423 Y Fort Y Gillis Y Golden N Hall N Hamrick N Moody N Mullis N Price Y Reed N Seabaugh N Tolleson Y Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 28, nays 27, and the Thomas of the 10th, Starr amendment # 7 was adopted. Senator Smith of the 52nd moved that the Senate reconsider its action in adopting the Thomas of the 10th, Starr amendment # 7. Senator Thomas of the 10th objected. On the motion to reconsider amendment # 7, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Blitch Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts N Dean N Fort N Gillis N Golden Y Hall Y Hamrick N Harbison Y Harp N Henson Y Hill N Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt Y Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh N Seay Y Shafer N Smith,F Y Smith,P Squires N Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa On the motion, the yeas were 29, nays 25, the motion prevailed; and the amendment # 7 was reconsidered. On the adoption of the amendment after reconsideration, the President ordered a roll call, and the vote was as follows: 1429 1424 JOURNAL OF THE SENATE Y Adelman N Balfour Y Blitch N Bowen Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts Y Dean Y Fort Y Gillis Y Golden N Hall N Hamrick Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson Y Johnson N Kemp,B Y Kemp,R Y Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Seay N Shafer Y Smith,F N Smith,P Squires Y Starr Y 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 28, nays 27, and the Thomas of the 10th, Starr amendment # 7 was adopted. Senators Butler of the 55th, Thomas of the 10th and Meyer von Bremen of the 12th offered the following amendment # 8: Amend the Senate Ethics Committee substitute to SB 517 by striking line 22 of page 1 and inserting in lieu thereof the following: "for certain appointments and ability to serve as a public employee; to create conflict of interest provisions relating to gifts; to provide". By striking lines 30 through 33 of page 36 and inserting in lieu thereof the following: "A lobbyist shall not be eligible to serve or receive compensation as a public employee or be eligible for legislative or executive appointment to any state office, board, authority, commission, or bureau created and established by the laws of this state which regulates the activities of a business, firm, corporation, or agency that the lobbyist represented until one year after the expiration of the lobbyists registration." 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 1430 MONDAY, MARCH 15, 2004 1425 Y Blitch N Bowen Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden N Hall N Hamrick Y Henson N Hill Y Hooks N Hudgens Y Jackson Y Johnson N Kemp,B Y Kemp,R Y Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Smith,F N Smith,P Squires Y Starr Y Stephens Y Stokes N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the amendment, the yeas were 32, nays 23, and the Butler, et al. amendment # 8 was adopted. Senators Adelman of the 42nd, Henson of the 41st, Tate of the 38th and Stokes of the 43rd offered the following amendment # 9: Amend the Senate Ethics Committee substitute to SB 517 by striking lines 22 though 27 of page 44 and inserting in lieu thereof the following: "(b) No person shall be eligible for appointment to fill a vacancy on any board, council, or commission or on the Supreme Court, the Court of Appeals, the superior courts, or the state courts if the person has made a contribution to or expenditure on behalf of the Governor or the Governors campaign committee in the previous 120 days.'" On the adoption of the amendment, the yeas were 33, nays 13, and the Adelman, et al. amendment # 9 was adopted. Senator Price of the 56th offered the following amendment: Amend the substitute to SB 517 by adding a new subsection (h) after line 23 on pg 15 to read as follows: "(h) No candidate for public office as defined by OCGA 21-5-3 (20) (A), (B), (C) or (D), any public officer as defined by OCGA 21-5-3 (20) (A), (B), (C) or (D), the campaign committee for any candidate for public office as defined herein, the campaign committee 1431 1426 JOURNAL OF THE SENATE of any public officer as defined herein, nor any person as defined by OCGA 21-5-3 (17) shall solicit any contribution as defined by OCGA 20-5-3 (7) or gift as defined by OCGA 20-5-70 (2.1) from any lobbyist as defined by OCGA 20-5-70 (6). Senator Cheeks of the 23rd offered the following amendment # 10a: Amend Amendment # 10 to the substitute to SB 517 by adding on Line 13 after the word solicit "or receive" On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush N Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort N Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Levetan Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Squires N Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 49, nays 4, and the Cheeks amendment # 10a was adopted. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Seay Y Shafer Smith,F Y Smith,P Squires 1432 MONDAY, MARCH 15, 2004 1427 Y Brush N Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts N Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh N Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 50, nays 4, and the Price amendment # 10 was adopted as amended. On the adoption of the substitute, the yeas were 46, nays 0, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Brown Y Brush Y Bulloch Y Butler Y Cagle Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y 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 Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams 1433 1428 JOURNAL OF THE SENATE Y Hall Y Hamrick Reed Y Seabaugh Y Zamarripa On the passage of the bill, the yeas were 52, nays 0. SB 517, having received the requisite constitutional majority, was passed by substitute. The following communications were received by the Secretary: The State Senate Atlanta, Georgia 30334 Mr. Secretary, Please register a "yes" vote for passage of Senate Bill 517. My voting button malfunctioned and did not register the vote. Sincerely, /s/ Kasim Reed The State Senate Atlanta, Georgia 30334 Mr. Secretary, Please mark a yes vote for me on SB 517 my button did not register. Thanks, /s/ Senator Valencia Seay District 34 The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: 1434 MONDAY, MARCH 15, 2004 1429 HB 1181. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2004 and ending June 30, 2005; and for other purposes. The following House legislation was read the first time and referred to committee: HB 1181. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2004 and ending June 30, 2005; and for other purposes. Referred to the Appropriations Committee. Senator Kemp of the 3rd asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill was excused. 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. The Calendar was resumed. SB 392. By Senators Smith of the 52nd, Shafer of the 48th, Collins of the 6th, Clay of the 37th, Lamutt of the 21st and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to enact the "Truancy Enforcement Act"; to provide notice to a student prior to reaching the maximum number of allowable absences for purposes of obtaining and maintaining an instruction permit or drivers license; to amend Chapter 2 of Title 39 of the O.C.G.A., relating to regulation of employment of minors, so as to require that a minor provide an employer with a letter from his or her school administrator indicating an attendance record in good standing; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers licenses for motor vehicles, so as to require minors to comply with attendance requirements for one academic year prior to applying for an instruction permit or drivers license; and for other purposes. The Senate Education Committee offered the following amendment: Amend SB 392 by inserting on line 8 of page 1 immediately following "license;" the following: 1435 1430 JOURNAL OF THE SENATE "to provide for a delayed effective date for such notice and reporting;". By inserting at the end of line 21 of page 1 the following: "to provide for notice regarding application for exemption;". By striking the quotation marks at the end of line 35 of page 2. By inserting between line 35 of page 2 and line 1 of page 3 the following: "(d) Subsections (b) and (c) of this Code section shall not be effective until full implementation of the state-wide education information system." By inserting on line 7 of page 5 immediately following the word "department" the following: "and information summarizing the minors right to request an exemption from the provisions of this subsection". On the adoption of the amendment, the yeas were 39, nays 0, and the committee amendment was adopted. Senator Smith of the 52nd offered the following amendment # 1: Amend SB 392 by inserting at the end of line 31 of page 2 the following: "State Board of Education, which shall in turn, report to the" On the adoption of the amendment, the yeas were 32, nays 0, and the Smith of the 52nd amendment # 1 was adopted. Senator Stokes of the 43rd offered the following amendment # 2: Amend SB 392 by striking the word "To" on line 1 of page 1 and inserting in lieu thereof the following: "To amend Code Section 20-2-1184 of the Official Code of Georgia Annotated, relating to the reporting of students committing prohibited acts, so as to provide that the parents of a student reported to have committed a certain prohibited act on school property shall be given immediate notice by the school principal; to" By inserting immediately before the first section of said bill the following: "SECTION 1-A. Code Section 20-2-1184 of the Official Code of Georgia Annotated, relating to the reporting of students committing prohibited acts, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: '20-2-1184. 1436 MONDAY, MARCH 15, 2004 1431 (a) Any teacher or other person employed at any public or private elementary or secondary school or any dean or public safety officer employed by a college or university who has reasonable cause to believe that a student at that school has committed any act upon school property or at any school function, which act is prohibited by any of the following: (1) Code Section 16-5-21, relating to aggravated assault if a firearm is involved; (2) Code Section 16-5-24, relating to aggravated battery; (3) Chapter 6 of Title 16, relating to sexual offenses; (4) Code Section 16-11-127, relating to carrying deadly weapons at public gatherings; (5) Code Section 16-11-127.1, relating to carrying weapons at school functions or on school property or within school safety zones; (6) Code Section 16-11-132, relating to the illegal possession of a pistol or revolver by a person under 18 years of age; or (7) Code Section 16-13-30, relating to possession and other activities regarding marijuana and controlled substances, shall immediately report the act and the name of the student to the principal or president of that school or the principals or presidents designee. (b) The principal or designee who receives a report made pursuant to subsection (a) of this Code section who has reasonable cause to believe that the report is valid shall make an oral report thereof immediately by telephone or otherwise to the students parents; the appropriate school system superintendent, and to the appropriate police authority and district attorney. (c) Any person participating in the making of a report or causing a report to be made as authorized or required pursuant to this Code section or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil or criminal liability that might otherwise be incurred or imposed, providing such participation pursuant to this Code section is made in good faith. (d) Any person required to make a report pursuant to this Code section who knowingly and willfully fails to do so shall be guilty of a misdemeanor.'" Senator Clay of the 37th offered the following amendment # 2a: Amend Amendment #2 to SB 392 by striking the words "student's parents" at line 32 of page 1 and inserting a new sentence on line 2 of page 2. "The principal or designee shall make a good faith effort as soon as possible to contact the parent or guardian." On the adoption of the amendment, the yeas were 37, nays 0, and the Clay amendment # 2a was adopted. 1437 1432 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 37, nays 0, and the Stokes amendment # 2 was adopted as amended. Senators Stokes of the 43rd, Brown of the 26th and Henson of the 41st offered the following amendment # 3: Amend SB 392 by inserting immediately before "to repeal conflicting laws" in the title the following: "to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to provide that each local board of education shall establish a violent incident reporting system for schools within the local system; to provide for an annual report of violent incidents to parents;". By adding immediately preceding the last section thereof the following: "SECTION A. Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, is amended by inserting immediately following Code Section 20-2-1184 a new Code Section 20-2-1184.1 to read as follows: '20-2-1184.1. (a) Each local board of education shall establish a violent incident reporting system which each school within the local system shall adopt and enact. (b) The violent incident reporting system established pursuant to subsection (a) of this Code section shall require the administrators of each public school to issue in an annual report to the parents of the students enrolled in the school, in a form and by a date prescribed by the local board of education, the following information concerning the commission by a student of any act prohibited by Code Section 20-2-1184: (1) The type of offense; (2) The age and grade of the student; (3) The location at which the incident occurred; (4) The type of incident; (5) Whether the incident occurred during or outside of regular school hours; (6) Where the incident involves a weapon, whether the weapon was a firearm, knife, or other weapon; (7) The actions taken by the school in response to the incident, including when the incident was reported to law enforcement officials and whether disciplinary action was taken against the offenders; (8) Any student discipline or referral action taken against the offender, including but not limited to an out-of-school suspension, an involuntary transfer to an alternative placement, an in-school suspension, a referral for community service, a referral for counseling, or a referral to the juvenile justice system and the duration of such action; and (9) The nature of the victim and the victims age and grade where appropriate.'" 1438 MONDAY, MARCH 15, 2004 1433 Senator Stokes of the 43rd asked unanimous consent that her amendment # 3 be withdrawn. The consent was granted, and the amendment was withdrawn. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson E Hill Hooks Y Hudgens Y Jackson E Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Thomas,N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. SB 392, having received the requisite constitutional majority, was passed as amended. SB 579. By Senators Brush of the 24th and Price of the 56th: 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 creation and operation of the Special K-12 Distance Learning School; to provide a definition; to provide for authority; to provide for the scope and funding of the school; to authorize contracts; to provide for rules and regulations; to provide for the applicability of reporting and accountability provisions; to provide for certificated teachers; to provide for 1439 1434 JOURNAL OF THE SENATE related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Education Committee offered the following amendment: Amend SB 579 by striking line 3 of page 2 and inserting in lieu thereof the following: "shall be made available state wide for public school students in kindergarten and grades one through 12." On the adoption of the amendment, the yeas were 33, nays 0, and the committee amendment was adopted. Senators Stokes of the 43rd and Meyer von Bremen of the 12th offered the following amendment # 1: Amend SB 579 by inserting immediately preceding "to repeal conflicting laws" the following: "to provide for an annual report of violent incidents committed by students to be submitted to parents;". By inserting immediately preceding the first section thereof the following: "SECTION A. Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, is amended by inserting immediately following Code Section 20-2-1184 a new Code Section 20-2-1184.1 to read as follows: '20-2-1184.1. Without identifying the name(s) of student(s) or any other identification information, each local board of education shall establish a violent incident reporting system which each school within the local system shall adopt and enact. A violent incident report shall be distributed to the parents of each student enrolled in each public school annually in a form and by a date prescribed by the local board of education. Such report shall contain information concerning the commission by a student of any act prohibited by Code Section 20-2-1184.'" Senator Stokes of the 43rd asked unanimous consent that her amendment # 1 be withdrawn. The consent was granted, and the amendment was withdrawn. Senators Stokes of the 43rd and Meyer von Bremen of the 12th offered the following amendment # 2: Amend SB 579 by adding immediately preceding "to repeal conflicting laws" in the title 1440 MONDAY, MARCH 15, 2004 1435 the following: "to provide notice to parents of report of violent act committed by student;". By adding immediately preceding the last section thereof the following: "SECTION A. Code Section 20-2-1184 of the Official Code of Georgia Annotated, relating to the reporting of students committing prohibited acts, is amended by striking subsection (b) thereof and inserting in lieu thereof the following: '(b) The principal or designee who receives a report made pursuant to subsection (a) of this Code section who has reasonable cause to believe that the report is valid shall make an oral report thereof immediately by telephone or otherwise to the students parents; the appropriate school system superintendent, and to the appropriate police authority and district attorney.'" Senator Stokes of the 43rd asked unanimous consent that her amendment # 2 be withdrawn. The consent was granted, and the amendment was withdrawn. Senator Butler of the 55th offered the following amendment # 3 to SB 579: By inserting immediately following the word "Justice" on line 5 of page 2 the phrase "and the Department of Corrections". On the adoption of the amendment, the yeas were 34, nays 0, and the Butler amendment # 3 was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Harbison Y Harp Henson E Hill Y Hooks Y Hudgens Y Jackson E Johnson Y Kemp,B Y Kemp,R Y Lamutt 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 1441 1436 JOURNAL OF THE SENATE Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Thomas,N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 52, nays 0. SB 579, having received the requisite constitutional majority, was passed as amended. 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. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article I, Section II, Paragraph VIII of the Constitution is amended by striking subparagraph (c) and inserting in lieu thereof the following: "(c) The General Assembly may by law provide for the operation and regulation of a lottery or lotteries by or on behalf of the state and for any matters relating to the purposes or provisions of this subparagraph. Proceeds derived from the lottery or lotteries operated by or on behalf of the state shall be used to pay the operating expenses of the lottery or lotteries, including all prizes, without any appropriation required by law, and for educational programs and purposes as hereinafter provided. Lottery proceeds shall not be subject to Article VII, Section III, Paragraph II; Article III, Section IX, Paragraph VI(a); or Article III, Section IX, Paragraph IV(c), except that the net proceeds after payment of such operating expenses shall be subject to Article VII, Section III, Paragraph II. Net proceeds after payment of such operating expenses shall be separately accounted for and shall be specifically identified by the Governor in his annual budget presented to the General Assembly as a separate budget category entitled 'Lottery Proceeds' and the Governor shall make specific recommendations as to educational programs and educational purposes to which said net proceeds shall be appropriated. In the General Appropriations Act adopted by the General Assembly, the 1442 MONDAY, MARCH 15, 2004 1437 General Assembly shall appropriate all net proceeds of the lottery or lotteries by such separate budget category to educational programs and educational purposes. Such net proceeds shall be used to support improvements and enhancements for educational programs and purposes and such net proceeds shall be used to supplement, not supplant, non-lottery educational resources for educational programs and purposes. The educational programs and educational purposes for which proceeds may be so appropriated shall include only the following: (1) Tuition grants, scholarships, or loans to citizens of this state to enable such citizens to attend colleges and universities located within this state, regardless of whether such colleges or universities are operated by the board of regents, or to attend institutions operated under the authority of the Department of Technical and Adult Education; (2) Voluntary pre-kindergarten; (3) One or more educational shortfall reserves in a total amount of not less than 10 percent of the net proceeds of the lottery for the preceding fiscal year; and (4) Costs of providing to teachers at accredited public institutions who teach levels K-12, personnel at public postsecondary technical institutes under the authority of the Department of Technical and Adult Education, and professors and instructors within the University System of Georgia the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network; and (5) Capital outlay projects for educational facilities; provided, however, that no funds shall be appropriated for the items item listed in paragraphs paragraph (4) and (5) of this subsection until all persons eligible for and applying for assistance as provided in paragraph (1) of this subsection have received such assistance, all approved pre-kindergarten programs provided for in paragraph (2) of this subsection have been fully funded, and the education shortfall reserve or reserves provided for in paragraph (3) of this subsection have been fully funded." 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 amendment be approved that removes capital outlay projects from the programs and purposes for which lottery proceeds may be used?" 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. 1443 1438 JOURNAL OF THE SENATE Senators Seay of the 34th, Thompson of the 33rd, Tate of the 38th, Smith of the 25th and Starr of the 44th offered the following amendment: Amend SR 678 by inserting at the end of line 2 of page 1 the following: "to provide for maximum teacher-student ratios for kindergarten and grades one through three in public schools;" By inserting immediately following line 24 of page 2 the following: "Article VIII, Section V of the Constitution is amended by striking Paragraph IV and inserting in lieu thereof the following: 'Paragraph IV. Reserved. Maximum student-teacher ratios. No school system shall exceed the maximum student-teacher ratios provided in this Paragraph. For kindergarten classes, there shall be one certificated teacher for each 18 students. For grade one through three classes, there shall be one certificated teacher for each 21 students.' SECTION 3." By inserting on line 29 of page 2, following the word "used", the following: "and to provide for maximum student-teacher ratios in public schools for kindergarten and grades one through three". Senator Hamrick of the 30th requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the amendment germane. Senator Hamrick of the 30th appealed the ruling of the Chair. The President deferred to the Senate Parliamentarian, President Pro Tempore Johnson of the 1st. The President Pro Tempore ruled the amendment not germane. Senator Seay of the 34th appealed the ruling of the President Pro Tempore. Pursuant to Senate Rule 59, the President ordered a roll call to sustain the ruling of the President Pro Tempore. On the motion to sustain, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Blitch N Harbison Y Harp N Henson N Seay Y Shafer N Smith,F 1444 MONDAY, MARCH 15, 2004 1439 Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts N Dean N Fort Y Gillis N Golden Y Hall Y Hamrick Y Hill N Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B N Kemp,R N Lamutt Y Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh Y Smith,P Squires N Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa On the motion, the yeas were 30, nays 25, the motion prevailed; the ruling of the President Pro Tempore was sustained, and the amendment was not germane. 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: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires N Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams 1445 1440 JOURNAL OF THE SENATE Y Hall Y Hamrick Y Reed Y Seabaugh Y Zamarripa On the adoption of the resolution, the yeas were 53, nays 3. The resolution, having received the requisite two-thirds constitutional majority, was adopted. SB 471. By Senators Hamrick of the 30th, Kemp of the 46th, Hill of the 4th 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. The Senate Higher Education Committee offered the following substitute to SB 471: A BILL TO BE ENTITLED AN ACT To amend Chapters 2 and 3 of Title 20 of the Official Code of Georgia Annotated, 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 delete obsolete provisions; to provide that residency requirements for HOPE scholarships and HOPE grants shall be established by regulations of the Georgia Student Finance Commission; to provide for loss of eligibility for the HOPE scholarship for any student who does not possess at least a cumulative 3.0 grade point average at the end of each spring quarter or semester; to provide for restoration of such eligibility; to provide for changes to the amount of HOPE scholarships and grants under certain conditions; to provide for a limitation on quarter hours or semester hours of eligibility for HOPE grants and eligibility for combined HOPE scholarships and grants; to prohibit the award of HOPE grants to any person who possesses a bachelors degree or higher; to provide for 1446 MONDAY, MARCH 15, 2004 1441 exceptions; to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to lottery for education, so as to change certain provisions relating to the scholarship shortfall reserve subaccount; to provide for changes to the amount of a HOPE scholarship or grant under certain conditions; to create the Lottery for Education Legislative Oversight Committee; to provide for membership and duties of such oversight committee; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-157, relating to the uniform reporting system for specified purposes, and inserting in lieu thereof the following: "20-2-157. (a) It is the intent of the General Assembly to establish a uniform reporting system to be used as one of the criteria to determine eligibility of students seeking enrollment in postsecondary courses pursuant to Code Section 20-2-161.1 or seeking educational scholarships, grants, or loan assistance administered by the Georgia Student Finance Commission pursuant to Article 7 of Chapter 3 of this title. (b) Beginning May 1, 2007, each Each school system and private school shall adopt the following reporting system described in this subsection for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section: (1) A final grade average of at least an 80 numeric average, provided the student meets the college preparatory curriculum requirements Each school system and private school shall transmit, in a manner and at times prescribed by the Georgia Student Finance Commission, an electronic transcript of courses and course grades for each graduating senior that reflects the complete high school academic record of the student, including scores on any state tests required for graduation, the grading scales used by the school system or private school for the time periods referenced by the transcripts, and any other pertinent information as determined by the Georgia Student Finance Commission. Each grade reported by a school system or private school to the commission for the purpose of calculating the grade point average for HOPE scholarship eligibility shall be the actual grade earned by the student, with no weighting or addition of points by the local school system or private school; (2) A final grade average of at least an 85 numeric average, if the student meets the career/technical curriculum requirements The Georgia Student Finance Commission shall calculate a grade point average for the purpose of determining eligibility for the HOPE scholarship from these electronic transcripts and shall notify students of their eligibility and high schools as to the eligibility of students; (3) For students graduating from high school in 2000 or thereafter, a final grade 1447 1442 JOURNAL OF THE SENATE average of at least an 80 numeric average in their core curriculum subjects, provided that the student meets the college preparatory curriculum requirements For students otherwise qualified and enrolling as freshmen students in eligible public or private postsecondary institutions for the first time on May 1, 2007, or thereafter, the Georgia Student Finance Commission shall calculate grade point averages for determining eligibility for the HOPE scholarship and other scholarships referenced in this Code section as follows: (A) For students receiving a college preparatory diploma, each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language that would, if successfully completed, satisfy a core graduation requirement for the college preparatory curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0; or (B) For students receiving a career/technical diploma, each grade for a student in attempted coursework in English, mathematics, science, and social studies that would, if successfully completed, satisfy a core graduation requirement for the career/technical curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0. Grades for coursework that is classified as advanced placement or international baccalaureate shall be weighted by the Georgia Student Finance Commission in calculating the overall grade point averages for students, provided that the weighting of such course grades is uniformly applied to all students in the state taking the specified coursework. The sum of the equated grades shall be divided by the number of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale; or (4) For students graduating from high school in 2000 or thereafter, a final grade average of at least an 85 numeric average in their core curriculum subjects if the student meets the career/technical curriculum requirements. Qualification for the HOPE scholarship shall be determined from the grade point average calculated as set out in paragraph (3) of this subsection. Beginning May 1, 2007, students with grade point averages equal to or in excess of 3.0 on the 4.0 scale with a college preparatory diploma shall meet achievement standards for the HOPE scholarship; students receiving a career/technical diploma shall meet achievement standards for the HOPE scholarship with a grade point average equal to or in excess of 3.2 on a 4.0 scale. This paragraph shall apply regardless of when a student graduated from high school and regardless of such students eligibility status prior to May 1, 2007; and (5) Beginning May 1, 2007, only Only the reporting system as indicated in this subsection shall be used to determine eligibility for all grants, scholarships, or loans to attend colleges or universities which are administered pursuant to Article 7 of Chapter 3 of this title and eligibility for enrollment in postsecondary courses pursuant to Code Section 20-2-161.1. (c)(1) Prior to May 1, 2007, each school system shall adopt the following reporting 1448 MONDAY, MARCH 15, 2004 1443 system for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section: (A) A final grade average of at least an 80 numeric average in their core curriculum subjects, provided that the student meets the college preparatory curriculum requirements; or (B) A final grade average of at least an 85 numeric average in their core curriculum subjects if the student meets the career/technical curriculum requirements. (2) Prior to May 1, 2007, only the reporting system as indicated in this subsection shall be used to determine eligibility for all grants, scholarships, or loans to attend colleges or universities which are administered pursuant to Article 7 of Chapter 3 of this title and eligibility for enrollment in postsecondary courses pursuant to Code Section 20-2-161.1." SECTION 2. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by striking paragraph (13) of Code Section 20-3519, relating to definitions, and inserting in lieu thereof the following: "(13) 'HOPE grant' means a Helping Outstanding Pupils Educationally grant for education awarded in accordance with Code Section 20-3-519.4 or 20-3-519.5." SECTION 3. Said chapter is further amended by striking Code Section 20-3-519.2, relating to eligibility requirements for HOPE scholarships at public postsecondary institutions, and inserting in lieu thereof the following: "20-3-519.2. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by: (A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1993 or thereafter and meeting the requirements set out in the applicable subsection and paragraph of subsection (b) of Code Section 20-2-157; or (B) In the case of a student who is otherwise qualified but: (i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that 1449 1444 JOURNAL OF THE SENATE such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of the Code section; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate degree at a public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; 1450 MONDAY, MARCH 15, 2004 1445 (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at a public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. (e)(1) A student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible student who regains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the student has attempted 90 quarter hours or 135 quarter hours or 60 semester hours or 90 semester hours may requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter hours or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour 1451 1446 JOURNAL OF THE SENATE grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f) For students eligible for a HOPE scholarship under this Code section, no minimum number of hours of enrollment is required. (g)(1) Except as set out in paragraph (2) of this subsection, a student may receive the HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive the HOPE scholarship for the lesser of: (A) A total of 225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a 3.0 cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours. (h) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount Lottery for Education Account in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester." SECTION 4. Said chapter is further amended by striking Code Section 20-3-519.3, relating to eligibility requirements for HOPE scholarships at private postsecondary institutions, and inserting in lieu thereof the following: "20-3-519.3. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by: (A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1996 or thereafter and meeting the requirements set out in the applicable paragraph of subsection (b) of Code Section 20-2-157; or (B) In the case of a student who is otherwise qualified but: (i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that 1452 MONDAY, MARCH 15, 2004 1447 such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of this Code section; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status; and (B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institutions drop and add period. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institutions drop and add period. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a 1453 1448 JOURNAL OF THE SENATE legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or provided that in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, have been accepted into the professional level program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institutions drop and add period. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institutions drop and add period. (e)(1) An otherwise eligible student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter hours or 30 semester hours without a HOPE scholarship. A student who regains a 1454 MONDAY, MARCH 15, 2004 1449 cumulative grade point average of at least 3.0 at end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours may requalify for a HOPE scholarship. A student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f)(1) Except as set out in paragraph (2) of this subsection, a student may receive a HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive a HOPE scholarship for the lesser of: (A) A total of 225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours. (g) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $3,000.00 for any academic year." SECTION 5. Said chapter is further amended by striking Code Section 20-3-519.4, relating to terms and conditions for receipt of certain HOPE grants at private postsecondary institutions, and inserting in lieu thereof the following: "20-3-519.4. (a) An eligible student attending an eligible private postsecondary institution and receiving a HOPE grant during the 1995-1996 academic year under the terms and conditions of eligibility effective for students of eligible private postsecondary institutions during such term will be eligible to continue receiving HOPE grant funds under the same terms and conditions until the earlier of the following: (1) The end of the spring term of 1999; or (2) Graduation. (b) A student who received the HOPE grant at a private postsecondary institution for at 1455 1450 JOURNAL OF THE SENATE least one semester or quarter beginning with the summer term of 1995 through the spring term of 1997 is not eligible for the HOPE scholarship at an eligible postsecondary institution until a quarter or semester beginning with or after the summer term of 1999. Reserved." SECTION 6. Said chapter is further amended by striking Code Section 20-3-519.5, relating to eligibility for HOPE grants, and inserting in lieu thereof the following: "20-3-519.5. (a) To be eligible for a HOPE grant, a student seeking a diploma or certificate at a branch of the Georgia Department of Technical and Adult Education or a unit of the University System of Georgia shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; and (2) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status in a program of study leading to a certificate or diploma and maintaining satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled. (b) There is no minimum number of hours of enrollment required for eligibility for a HOPE grant under this Code section. (c) Subject to the provisions of subsection (e) of this Code section, an An eligible student may receive HOPE grants for all course work required by the institution for programs of study leading to a certificate or diploma, including remedial or developmental studies. (d) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount Lottery for Education Account in Code Section 50-27-13, a HOPE grant awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester. (e) No student may receive HOPE grants for more than 95 quarter hours or 63 semester hours of attempted coursework. No student may receive more than a cumulative total of 190 quarter hours or 127 semester hours of combined HOPE scholarships and grants, unless in accordance with Code Sections 20-3-519.2 and 20-3-519.3. (f) No person who possesses a bachelors, masters, or doctorate degree may receive a HOPE grant." SECTION 7. Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to lottery for education, is amended in Code Section 50-27-13, 1456 MONDAY, MARCH 15, 2004 1451 relating to disposition of lottery proceeds, budget report by the Governor, appropriations by the General Assembly, and the shortfall reserve subaccount, by striking paragraph (3) of subsection (b) and inserting a new paragraph (3) and by inserting a new paragraph (5) of subsection (b) to read as follows: "(3) A scholarship shortfall reserve subaccount shall be maintained within the Lottery for Education Account. An amount equal to 10 percent of the total amount of lottery proceeds disbursed during the preceding fiscal year in the form of scholarships and grants for higher education shall be deposited from lottery proceeds each year until such amount equals 50 percent of such sum. Thereafter, only an amount necessary to maintain the scholarship shortfall reserve subaccount in an amount equal to 50 percent of the amount of lottery proceeds disbursed during the preceding fiscal year shall be deposited into the subaccount. If the net proceeds paid into the Lottery for Education Account in any year are not sufficient to meet the amount appropriated for higher education scholarships, the shortfall reserve subaccount may be drawn upon to meet the deficiency. In the event it becomes necessary to draw from the reserve subaccount in any fiscal year, the scholarship program shall be reviewed and shall be reduced to accommodate available lottery proceeds, exclusive of the scholarship shortfall reserve subaccount, through such methods as reducing the family income cap qualification, reducing or eliminating grants for student fees and books, paying an amount up to but not to exceed actual tuition, and reducing the academic years funded." "(5)(A) For purposes of this subsection, the term 'year-end balance' shall mean the amount, as determined by the state auditor, of unexpended and uncommitted funds in the Lottery for Education Account at the end of a fiscal year, which shall not include amounts contained in the subaccounts provided for in paragraphs (3) and (4) of this subsection. (B) In the event that the year-end balance of a fiscal year is less than the year-end balance of the fiscal year immediately preceding, then all scholarships and grants for mandatory fees under Part 7 of Article 7 of Chapter 3 of Title 20 shall not exceed $500.00 per year beginning in the subsequent fiscal year and thereafter. In the event that the year-end balance of any subsequent fiscal year is less than the year-end balance of the fiscal year immediately preceding, then all scholarships and grants for mandatory fees under Part 7 of Article 7 of Chapter 3 of Title 20 shall be eliminated beginning in the next fiscal year and thereafter. In the event that the yearend balance of any further subsequent fiscal year is less than the year-end balance of the fiscal year immediately preceding, then all scholarships and grants for book allowances under Part 7 of Article 7 of Chapter 3 of Title 20 shall be eliminated beginning in the next fiscal year and thereafter." SECTION 8. Said article is further amended by adding a new Code section to read as follows: "50-27-35. (a) There is created as a joint committee of the General Assembly the Lottery for 1457 1452 JOURNAL OF THE SENATE Education Legislative Oversight Committee, to be composed of 14 members as follows: three members from each of the following committees, to be appointed by the respective chairperson of the committee: House Committee on Higher Education, Senate Higher Education Committee, House Committee on Education, and Senate Education Committee; and the two cochairpersons of the Georgia Lottery Corporation Legislative Oversight Committee. The members of the committee shall select a chairperson from among their membership who shall serve as chairperson of the oversight committee. The oversight committee shall be authorized to inquire into and review all aspects of the Lottery for Education Account and programs conducted with funds from the Lottery for Education Account, as well as review and evaluate the conditions, needs, and issues of programs conducted with funds from the Lottery for Education Account. The oversight committee may conduct any independent audit or investigation of the commission it deems necessary. The committee shall meet at least twice annually, which shall include a meeting in January no later than the second Monday in January and a second meeting no earlier than July 5 and no later than August 1. The committee may have additional meetings at the call of the chairperson. (b) The committee may request and receive reports from any appropriate agency in order to conduct activities pursuant to subsection (a) of this Code section." SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Senator Jackson of the 50th offered the following amendment # 1: Amend the Senate Higher Education Committee substitute to SB 471 (LC 33 0411S) by inserting after "conditions;" on line 12 of page 1 the following: "to provide for HOPE scholarships for majors of study in religion, theology, pretheology, comparative religion, or pastoral ministries;". By striking "Reserved." on line 5 of page 12 and inserting in its place the following: "Nothing in this article shall be construed to preclude the use of HOPE scholarships for majors of study in religion, theology, pre-theology, comparative religion, or pastoral ministries." On the adoption of the amendment, the yeas were 35, nays 1, and the Jackson amendment # 1 was adopted. Senators Meyer von Bremen of the 12th and Butler of the 55th offered the following amendment # 2 to the committee substitute to SB 471: By striking lines 26 through and including line 36 of page 13 and striking lines 1 through and including line 6 of page 14. 1458 MONDAY, MARCH 15, 2004 1453 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 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 27, nays 29, and the Meyer von Bremen, Butler amendment # 2 was lost. Senators Meyer von Bremen of the 12th and Butler of the 55th offered the following amendment # 3 to the committee substitute to SB 471: By striking "45" on line 5 of page 5 and inserting in its place "36". By striking "30" on line 6 of page 5 and inserting in its place "24". By striking "45" on line 11 of page 5 and inserting in its place "36". By striking "30" on line 12 of page 5 and inserting in its place "24". By striking "45" on line 26 of page 5 and inserting in its place "72". By striking "30" on line 27 of page 5 and inserting in its place "48". By striking "90" on line 8 of page 6 and inserting in its place "108". 1459 1454 JOURNAL OF THE SENATE By striking "60" on line 9 of page 6 and inserting in its place "72". By striking "135" on line 27 of page 6 and inserting in its place "144". By striking "90" on line 28 of page 6 and inserting in its place "96". By striking "(1)" from line 1 of page 7. By striking "45" on line 2 of page 7 and inserting in its place "36". By striking line 3 of page 7 and inserting in its place the following: "or 24 semester hours may attend the next 36 quarter or 24 semester hours without a". By striking the phrase "or semester" from line 5 of page 7. By striking lines 6 and 7 of page 7 and inserting in their place the following: "attempted 90 72, 108, or 144 quarter hours or 135 quarter hours or 60 semester hours or 90 semester hours at the end of a semester in which the student has attempted 48, 72, or 96 semester hours may requalify for a HOPE scholarship." By striking lines 8 through and including line 15 of page 7. By striking line 31 of page 7 and inserting in its place the following: "to the scholarship shortfall reserve subaccount in Code". By striking "45" on line 26 of page 8 and inserting in its place "36". By striking "30" on line 27 of page 8 and inserting in its place "24". By striking "45" on line 32 of page 8 and inserting in its place "36". By striking "30" on line 33 of page 8 and inserting in its place "24". By striking "45" on line 12 of page 9 and inserting in its place "72". By striking "30" on line 13 of page 9 and inserting in its place "48". By striking "90" on line 31 of page 9 and inserting in its place "108". By striking "60" on line 32 of page 9 and inserting in its place "72". By striking "135" on line 17 of page 10 and inserting in its place "144". 1460 MONDAY, MARCH 15, 2004 1455 By striking "90" on line 18 of page 10 and inserting in its place "96". By striking "(1)" from line 29 of page 10. By striking lines 31 through line 37 of page 10 and inserting in its place the following: "attempted 36 45 quarter hours or 24 30 semester hours may attend the next 36 45 quarter hours or 24 30 semester hours without a HOPE scholarship. A student who regains a cumulative grade point average of at least 3.0 at end of quarter or semester in which the student has attempted 90 72, 108, or 144 quarter hours or 60 48, 72, or 96 semester hours may requalify for a HOPE scholarship. A student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship" By striking lines 1 through 8 of page 11. By striking line 29 of page 12 and inserting in its place the following: "to the scholarship shortfall reserve subaccount in Code". 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 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 Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa 1461 1456 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 27, nays 28, and the Meyer von Bremen, Butler amendment # 3 was lost. Senators Meyer von Bremen of the 12th and Butler of the 55th offered the following amendment # 4 to the committee substitute to SB 471: By inserting between lines 6 and 7 of page 4 a new section: "Section 1a. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to reports by the Chancellor and Board of Regents, is amended by reinstating Code Section 20-3-69 as follows: "20-3-69 (a) The Board of Regents Legislative Committee shall be composed of the President of the Senate, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Speaker Pro Tempore of the House of Representatives, the chairs of the House and the Senate Higher Education Committees, chairs of the House and the Senate Appropriation Committees. The chair of the Board of Regents Legislative Committee shall be elected by the committee members. (b) The board of regents shall submit to the Board of Regents Legislative Committee reports of its transactions and costs of tuition, board and fees, together with such information as is necessary to show the condition of the university system and with such suggestions as it may deem conducive to the good of the system and the cause of education. Further, the Chancellor shall submit a report with detailed financial justification to the Board of Regents Legislative Committee for each request to the board of regents for an increase in tuition or fees no later than 14 days prior to the request's submission to the board of regents. (c) The reports shall be at least annually by January 15th of each year and at such other times as the Board of Regents Legislative Committee deems appropriate." Senators Kemp of the 46th and Hamrick of the 30th offered the following amendment # 4a: Amend Amendment #4 to SB 471 by striking the words "the President of the Senate" and "the Speaker of the House of Representatives" from subsection (a) of Section 20-3-69. Senator Kemp of the 46th asked unanimous consent that his amendment # 4a 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: 1462 MONDAY, MARCH 15, 2004 1457 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 Meyer von Bremen, Butler amendment # 4 was lost. Senator Brown of the 26th offered the following amendment # 5 to the Senate Committee Substitute to SB 471: By striking all language and inserting the following: A BILL TO BE ENTITLED AN ACT To amend Chapters 2 and 3 of Title 20 of the Official Code of Georgia Annotated, 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 residency requirements for HOPE eligibility shall be established by the Georgia Student Finance Commission; to provide that the grade point average of a student is evaluated every 36 quarter hours or every 24 semester hours to determine continued eligibility for HOPE scholarships; to provide a maximum cap of quarter hours and semester hours for HOPE grants; to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of the lottery for 1463 1458 JOURNAL OF THE SENATE education, so as to revise definitions; to provide that it is the intent of the General Assembly that no lottery funds shall be utilized for capital outlay projects for educational facilities unless the HOPE Scholarship and Grant Program is fully funded; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-157, relating to the uniform reporting system for specified purposes, and inserting in lieu thereof the following: "20-2-157. (a) It is the intent of the General Assembly to establish a uniform reporting system to be used as one of the criteria to determine eligibility of students seeking enrollment in postsecondary courses pursuant to Code Section 20-2-161.1 or seeking educational scholarships, grants, or loan assistance administered by the Georgia Student Finance Commission pursuant to Article 7 of Chapter 3 of this title. (b) Beginning May 1, 2007, each Each school system and private school shall adopt the following reporting system described in this subsection for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section: (1) A final grade average of at least an 80 numeric average, provided the student meets the college preparatory curriculum requirements Each school system and private school shall transmit, in a manner and at times prescribed by the Georgia Student Finance Commission, an electronic transcript of courses and course grades for each graduating senior that reflects the complete high school academic record of the student, including scores on any state tests required for graduation, and the grading scales used by the school system or private school for the time periods referenced by the transcripts; (2) A final grade average of at least an 85 numeric average, if the student meets the career/technical curriculum requirements The Georgia Student Finance Commission shall calculate a grade point average for the purpose of determining eligibility for the HOPE scholarship from these electronic transcripts and shall notify students of their eligibility and high schools as to the eligibility of students. Each grade reported by a school system or private school to the commission for the purpose of calculating the grade point average for HOPE scholarship eligibility shall be the actual grade earned by the student, with no weighting or addition of points by the local school system or private school; (3) For students graduating from high school in 2000 or thereafter, a final grade average of at least an 80 numeric average in their core curriculum subjects, provided that the student meets the college preparatory curriculum requirements For students 1464 MONDAY, MARCH 15, 2004 1459 otherwise qualified and enrolling as freshmen students in eligible public or private postsecondary institutions for the first time on May 1, 2007, or thereafter, the Georgia Student Finance Commission shall calculate grade point averages for determining eligibility for the HOPE scholarship and other scholarships referenced in this Code section as follows: (A) For students receiving a college preparatory diploma, each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language that would, if successfully completed, satisfy a core graduation requirement for the college preparatory curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0; or (B) For students receiving a career/technical diploma, each grade for a student in attempted coursework in English, mathematics, science, and social studies that would, if successfully completed, satisfy a core graduation requirement for the career/technical curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0. Grades for coursework that is classified as advanced placement or international baccalaureate shall be weighted by the Georgia Student Finance Commission in calculating the overall grade point averages for students, provided that the weighting of such course grades is uniformly applied to all students in the state taking the specified coursework. The sum of the equated grades shall be divided by the number of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale; or (4) For students graduating from high school in 2000 or thereafter, a final grade average of at least an 85 numeric average in their core curriculum subjects if the student meets the career/technical curriculum requirements. Qualification for the HOPE scholarship shall be determined from the grade point average calculated as set out in paragraph (3) of this subsection. Beginning May 1, 2007, students with grade point averages equal to or in excess of 3.0 on the 4.0 scale with a college preparatory diploma shall meet achievement standards for the HOPE scholarship; students receiving a career/technical diploma shall meet achievement standards for the HOPE scholarship with a grade point average equal to or in excess of 3.2 on a 4.0 scale. This paragraph shall apply regardless of when a student graduated from high school and regardless of such students eligibility status prior to May 1, 2007; and (5) Beginning May 1, 2007, only Only the reporting system as indicated in this subsection shall be used to determine eligibility for all grants, scholarships, or loans to attend colleges or universities which are administered pursuant to Article 7 of Chapter 3 of this title and eligibility for enrollment in postsecondary courses pursuant to Code Section 20-2-161.1. (c)(1) Prior to May 1, 2007, each school system shall adopt the following reporting system for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section: 1465 1460 JOURNAL OF THE SENATE (A) A final grade average of at least an 80 numeric average in their core curriculum subjects, provided that the student meets the college preparatory curriculum requirements; or (B) A final grade average of at least an 85 numeric average in their core curriculum subjects if the student meets the career/technical curriculum requirements. (2) Prior to May 1, 2007, only the reporting system as indicated in this subsection shall be used to determine eligibility for all grants, scholarships, or loans to attend colleges or universities which are administered pursuant to Article 7 of Chapter 3 of this title and eligibility for enrollment in postsecondary courses pursuant to Code Section 20-2-161.1." SECTION 2. Said chapter is further amended by striking Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution, and inserting in lieu thereof the following: "20-3-519.2. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by: (A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1993 or thereafter and meeting the requirements set out in the applicable subsection and paragraph of subsection (b) of Code Section 20-2-157; or (B) In the case of a student who is otherwise qualified but: (i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 36 quarter hours or 30 24 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 1466 MONDAY, MARCH 15, 2004 1461 45 36 quarter hours or 30 24 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 45 72 quarter hours or 30 48 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate degree at a public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 108 quarter hours or 60 72 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. 1467 1462 JOURNAL OF THE SENATE (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at a public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 144 quarter hours or 90 96 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. (e) A student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 36 quarter hours or 30 24 semester hours may attend the next 45 36 quarter or 30 24 semester hours without a HOPE scholarship. An otherwise eligible student who regains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the student has attempted 90 72, 108, or 144 quarter hours or 135 quarter hours or 60 semester hours or 90 at the end of a semester in which the student has attempted 48, 72, or 96 semester hours may requalify for a HOPE scholarship. (f) For students eligible for a HOPE scholarship under this Code section, no minimum number of hours of enrollment is required. (g)(1) Except as set out in paragraph (2) of this subsection, a student may receive the HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive the HOPE scholarship for the lesser of: (A) A total of 225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a 3.0 cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours. (h) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a 1468 MONDAY, MARCH 15, 2004 1463 HOPE scholarship awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester." SECTION 3. Said chapter is further amended by striking Code Section 20-3-519.3, relating to eligibility requirements for a HOPE scholarship at a private postsecondary institution, and inserting in lieu thereof the following: "20-3-519.3. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by: (A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1996 or thereafter and meeting the requirements set out in the applicable subsection and paragraph of subsection (b) of Code Section 20-2-157; or (B) In the case of a student who is otherwise qualified but: (i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 36 quarter hours or 30 24 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 36 quarter hours or 30 24 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status; and (B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institutions drop and add period. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or 1469 1464 JOURNAL OF THE SENATE baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 45 72 quarter hours or 30 48 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institutions drop and add period. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 108 quarter hours or 60 72 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or provided that in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, have been accepted into the professional level program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institutions drop and add period. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by 1470 MONDAY, MARCH 15, 2004 1465 the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 144 quarter hours or 90 96 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institutions drop and add period. (e) An otherwise eligible student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 36 quarter hours or 30 24 semester hours may attend the next 45 36 quarter hours or 30 24 semester hours without a HOPE scholarship. A student An otherwise eligible student who regains a cumulative grade point average of at least 3.0 at end of the a quarter or semester in which the student has attempted 90 72, 108, or 144 quarter hours or 60 at the end of a semester in which the student has attempted 48, 72, or 96 semester hours may requalify for a HOPE scholarship. A student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship. (f)(1) Except as set out in paragraph (2) of this subsection, a student may receive a HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive a HOPE scholarship for the lesser of: (A) A total of 225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours. (g) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a 1471 1466 JOURNAL OF THE SENATE HOPE scholarship awarded under this Code section shall be not less than $3,000.00 for any academic year." SECTION 4. Said chapter is further amended in Code Section 20-3-519.5, relating to eligibility requirements for a HOPE grant at a branch of the Georgia Department of Technical and Adult Education, by adding to the end of such Code section the following: "(e) On and after July 1, 2004, no student may receive HOPE grants for more than 95 quarter hours or 63 semester hours of attempted coursework. No student may receive more than a cumulative total of 190 quarter hours or 127 semester hours of combined HOPE scholarships and grants, unless in accordance with Code Sections 20-3-519.2 and 20-3-519.3. (f) No person who possesses a baccalaureate degree or a professional level degree may receive a HOPE grant." SECTION 5. Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions for the lottery for education, is amended in Code Section 50-27-3, relating to definitions, by striking paragraph (8) and inserting in lieu thereof the following: "(8) 'Educational purposes and programs' means capital outlay projects for educational facilities; tuition grants, scholarships, or loans to citizens of this state to enable such citizens to attend colleges and universities located within this state, regardless of whether such colleges and universities are owned or operated by the board of regents or to attend institutions operated under the authority of the Department of Technical and Adult Education; costs of providing to teachers at accredited public institutions who teach levels K-12, personnel at public postsecondary technical institutes under the authority of the Department of Technical and Adult Education, and professors and instructors within the University System of Georgia the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network; costs associated with repairing and maintaining advanced electronic instructional technology; voluntary pre-kindergarten; and an education shortfall reserve." SECTION 6. Said article is further amended in Code Section 50-27-13, relating to disposition of lottery proceeds, budget report by the Governor, and appropriations by the General Assembly, by striking paragraph (3) of subsection (c) and inserting in lieu thereof the following: "(3) It is the intent of the General Assembly that appropriations from the Lottery for Education Account shall be for educational purposes and projects only; provided, however, that in accordance with Article I, Section II, Paragraph VIII(c) of the 1472 MONDAY, MARCH 15, 2004 1467 Constitution, it is further the intent of the General Assembly that no funding from such account shall be utilized for capital outlay projects for educational facilities unless the HOPE Scholarship and Grant Program under Part 7 of Article 7 of Chapter 3 of Title 20 is funded to the full extent as provided for in such part." SECTION 7. This Act shall become effective on July 1, 2004. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. 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 amendment # 5 was lost. On the adoption of the substitute, the yeas were 40, nays 11, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to, as amended. 1473 1468 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts N Dean N Fort Y Gillis N Golden Y Hall Y Hamrick N Harbison Y Harp N Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt Y Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh N Seay Y Shafer N Smith,F Y Smith,P N Squires N Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa On the passage of the bill, the yeas were 33, nays 23. SB 471, having received the requisite constitutional majority, was passed by substitute. Senator Stephens of the 51st moved that the Senate adjourn pursuant to HR 1575, until 10:00 a.m., Wednesday, March 17, 2004. Senator Lamutt of the 21st objected. On the motion, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks N Harbison N Harp N Henson Y Hill N Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B N Kemp,R N Seay N Shafer N Smith,F Y Smith,P N Squires Y Starr Y Stephens N Stokes Y Tanksley N Tate 1474 MONDAY, MARCH 15, 2004 1469 Y Clay Y Collins Y Crotts Y Dean N Fort Y Gillis N Golden Y Hall Y Hamrick N Lamutt Y Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh Y Thomas,D N Thomas,N Y Thomas,R N Thompson Y Tolleson Y Unterman Y Williams Zamarripa On the motion to adjourn, the yeas were 31, nays 24; the motion prevailed, and the President announced the Senate adjourned at 7:14 p.m. 1475 1470 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, March 17, 2004 Thirty-third Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Clay of the 37th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following 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 539. By Representative Harbin of the 80th: A BILL to amend Code Section 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, so as to provide for a minimum nonforfeiture rate of 1 1/2 percent on individual deferred annuities; to provide for a sunset to such provision; and for other purposes. HB 560. By Representative Royal of the 140th: A BILL to amend Code Section 40-3-20 of the Official Code of Georgia Annotated, relating to applications for certificates of title for motor vehicles, so as to require proof of the payment of the sales and use tax as a precondition to titling certain motor vehicles; to provide for the collection of the tax; to provide for compensation for tag agents; and for other purposes. HB 607. By Representative Cummings of the 19th: A BILL to amend Code Section 47-2-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Employees' Retirement 1476 WEDNESDAY, MARCH 17, 2004 1471 HB 810. System of Georgia, so as to define a certain term; and for other purposes. By Representative Jenkins of the 93rd: A BILL to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of superior court clerks, so as to provide for certain fees and to extend the sunset date of such fees; to amend Code Section 15-6-97 of the Official Code of Georgia Annotated, relating to the state-wide uniform automated information system for property records, so as to extend the sunset date of said Code section; to amend Code Section 15-6-98 of the Official Code of Georgia Annotated, relating to collection and remittance of certain fees to the Georgia Superior Court Clerks' Cooperative Authority, so as to extend the sunset date of said Code section; and for other purposes. HB 869. By Representatives Coleman of the 118th, Jenkins of the 93rd and Stephenson of the 60th, Post 1: A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to repeal certain additional charges on criminal and civil filings and proceedings; to repeal Code Section 15-6-77.4, relating to an additional divorce case filing fee for the Children's Trust Fund; to repeal Code Section 14-9-60.1, relating to an additional marriage license fee for the Children's Trust Fund; to repeal Article 4 of Chapter 21, the "Peace Officer and Prosecutor Training Fund of 1983"; to repeal Article 7 of Chapter 21, relating to the compensation to victims of violators of driving under the influence statute; to repeal Code Section 15-21-149; to repeal Code Section 15-21-150; to repeal Code Section 15-21-151; to repeal Code Section 15-21-152; and for other purposes. HB 918. By Representatives Dooley of the 33rd, Post 3, Fludd of the 48th, Post 4, Rogers of the 20th, Buckner of the 109th, Hill of the 16th and others: A BILL to amend Code Section 17-6-12 of the Official Code of Georgia Annotated, relating to the discretion of the court to release a person charged with a crime on his or her own recognizance and the effect of the person charged to appear for trial, so as to remove such discretion for a person who has failed to appear for trial on two or more occasions; and for other purposes. 1477 1472 JOURNAL OF THE SENATE HB 935. By Representatives Harrell of the 54th, Brown of the 89th, Gardner of the 42nd, Post 3 and Howard of the 98th: A BILL to amend Article 1 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions related to services for the aging, so as to provide for legislative findings and intent; to establish an advisory committee on seniors and prescription drug costs and to provide for its selection, compensation, powers, qualifications, and duties; and for other purposes. HB 1003. By Representatives Powell of the 23rd, Bruce of the 45th, Westmoreland of the 86th, Stoner of the 34th, Post 1, DeLoach of the 127th and others: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Licensing Board for Residential and General Contractors; and for other purposes. HB 1011. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Borders of the 142nd: A BILL to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions relative to HOPE scholarships and grants, so as to add public and private schools accredited by the Southern Association of Independent Schools to the definition of eligible high schools for the purposes of the HOPE program; and for other purposes. HB 1022. By Representatives McCall of the 78th, Floyd of the 132nd, Twiggs of the 8th and Smith of the 110th: A BILL to amend Article 6 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to operation of trains generally, so as to remove certain provisions relating to employees engaged in the operation of trains and relating to signal whistles and lights on trains; and for other purposes. HB 1048. By Representatives Cummings of the 19th, Day of the 126th and Holmes of the 48th, Post 1: A BILL to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses, so as to allow the State Board of Education to prescribe the manner and grade level for certain required courses in history and government; to authorize alternative methods for certain transfer students; and for other purposes. 1478 WEDNESDAY, MARCH 17, 2004 1473 HB 1182. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2, Stanley-Turner of the 43rd, Post 2, Manning of the 32nd and Marin of the 66th: A BILL to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentence in criminal cases, so as to provide for provisions relating to work release programs in felony sentences; to provide for revocation of work release status; and for other purposes. HB 1215. By Representative Richardson of the 26th: A BILL to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases requiring application for appeal, contents, filing, and service of application, exhibits, response by opposing party, issuance of appellate court order regarding appeal, procedure, supersedeas, and jurisdiction of appeal, so as to provide that the provisions of such Code section shall not apply to appeals of cases involving zoning or land use issues; and for other purposes. HB 1274. By Representatives Day of the 126th, Skipper of the 116th, Parham of the 94th and Stephens of the 123rd: A BILL to amend Code Section 40-5-61 of the Official Code of Georgia Annotated, relating to surrender and return of license, so as to provide that if a court or the department has not secured a driver's license within 30 days following the date of final conviction giving rise to the suspension, then the revocation or suspension shall begin upon the expiration of the 30 day period; and for other purposes. HB 1318. By Representatives Bordeaux of the 125th, Campbell of the 39th, Massey of the 24th and Mangham of the 62nd: A BILL to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, so as to change provisions relating to the qualifications of members of the Georgia Public Defender Standards Council and members of the public defender selection panel; and for other purposes. HB 1325. By Representatives McBee of the 74th, Purcell of the 122nd, Greene of the 134th, Holmes of the 48th, Post 1 and Cummings of the 19th: A BILL to amend Chapters 2 and 3 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education and to 1479 1474 JOURNAL OF THE SENATE 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 graduating from high school in 2007 and thereafter; and for other purposes. HB 1406. By Representatives Ashe of the 42nd, Post 2 and Porter of the 119th: 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 that the core curriculum shall conform to national curriculum standards; and for other purposes. HB 1451. By Representatives Bordeaux of the 125th, Stephens of the 123rd, Stokes of the 72nd and Fleming of the 79th: A BILL to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to probate court costs, and Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide for premarital counseling; to provide for financial incentive to invest in premarital counseling; to change provisions relating to the contents of the application for a marriage license; and for other purposes. HB 1499. By Representatives Keen of the 146th, Dodson of the 84th, Post 1 and Harper of the 88th, Post 2: A BILL to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for the issuance of motor vehicle liability insurance, so as to reduce the amount of advance payment for coverage from the first 60 days of coverage to the first 30 days of coverage; and for other purposes. HB 1520. By Representatives Ray of the 108th and Royal of the 140th: A BILL to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change certain provisions relating to the notice period required prior to sale under a tax execution; to change certain provisions relating to amount payable for redemption; and for other purposes. 1480 WEDNESDAY, MARCH 17, 2004 1475 HB 1547. By Representatives Greene of the 134th, Purcell of the 122nd and McBee of the 74th: A BILL to amend Code Section 20-3-312 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Student Finance Authority, so as to make editorial changes to certain definitions; and for other purposes. HB 1608. By Representatives Birdsong of the 104th, Warren of the 99th, Heath of the 18th, Douglas of the 73rd, Roberts of the 135th and others: A BILL to amend Code Section 27-2-4 of the Official Code of Georgia Annotated, relating to honorary hunting and fishing licenses, so as to provide that the Department of Veterans Service may certify to a disability; and for other purposes. HB 1666. By Representatives Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1: A BILL to provide for a homestead exemption from Murray 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 1667. By Representatives Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1: A BILL to provide for a homestead exemption from Murray County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes. HB 1705. By Representative Reece of the 11th: A BILL to provide for a homestead exemption from City of Lyerly ad valorem taxes for municipal purposes in the amount of $4,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over; and for other purposes. 1481 1476 JOURNAL OF THE SENATE HB 1714. By Representatives Royal of the 140th, Richardson of the 26th, Buck of the 112th, Keen of the 146th, Buckner of the 82nd and others: A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, and Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for comprehensive provisions to provide funding to local governments for service delivery costs through certain sales and use taxation; to provide for comprehensive provisions to address changes in land use classification which increase service delivery and infrastructure costs to local government; to provide for the creation of special districts; to provide a special district sales and use tax; and for other purposes. HB 1715. By Representatives Hembree of the 46th, Maxwell of the 27th, Brooks of the 47th, Bruce of the 45th, Wix of the 33rd, Post 1 and others: A BILL to create the Western Area Regional Radio System Authority; and for other purposes. HB 1716. By Representatives Massey of the 24th and Elrod of the 25th: A BILL to create a board of elections and registration for Barrow County and to provide for its powers and duties; and for other purposes. HB 1718. By Representatives Purcell of the 122nd and Stephens of the 123rd: A BILL to amend an Act creating the Effingham Family connection commission, so as to change the composition of members; to change the composition of officers; and for other purposes. HB 1719. By Representative Hudson of the 95th: A BILL to amend an Act entitled "An Act to reconstitute the Board of Education of Glascock County," so as to revise the districts for the election of members of the board of education; and for other purposes. HB 1720. By Representatives Westmoreland of the 86th, Channell of the 77th, Graves of the 106th, Shaw of the 143rd and O`Neal of the 117th: A BILL to amend Article 6 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the Indigent Care Trust Fund, so as to provide for reimbursement for ambulance services for Medicaid recipients as an authorized expenditure from the Indigent Care Trust Fund; to amend 1482 WEDNESDAY, MARCH 17, 2004 1477 Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for definitions; to provide for certain payments for ambulance services for recipients of medical assistance; and for other purposes. HB 1721. By Representative Boggs of the 145th: A BILL to create a board of elections for Ware County and to provide for its powers and duties; and for other purposes. HB 1734. By Representatives Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1 and Fludd of the 48th, Post 4: A BILL to create the City of East Point Charter Commission; and for other purposes. HB 1735. By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Howell of the 92nd: A BILL to provide a new charter for the City of Griffin; and for other purposes. HB 1736. By Representatives Wix of the 33rd, Post 1, Ehrhart of the 28th, Cooper of the 30th, Parsons of the 29th, Stoner of the 34th, Post 1 and others: A BILL to amend an act creating the Board of Commissioners of Cobb County, so as to change the provisions relating to the compensation of the chairperson and the other commissioners of the board; and for other purposes. HB 1738. By Representatives Teilhet of the 34th, Post 2, Richardson of the 26th, Golick of the 34th, Post 3, Stoner of the 34th, Post 1, Dooley of the 33rd, Post 3 and others: A BILL to amend an Act creating the State Court of Cobb County, so as to provide for certain costs and the provisions relating to costs in such court; and for other purposes. HB 1747. By Representative Jenkins of the 8th: A BILL to make certain findings and determinations with respect to a certain transaction in which Rabun County acquired certain hospital facilities from the Woodlands Foundation, Inc.; to determine that said 1483 1478 JOURNAL OF THE SENATE transaction is impossible to undo and that the transaction is therefore excused from compliance with Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisition of hospitals; to provide that no review by the Attorney General shall be required in connection with such transaction; and for other purposes. HB 1748. By Representative Reece of the 11th: A BILL to amend an act incorporating the Town of Trion, so as to provide authority for the Board of Education of the Town of Trion to set, approve, and amend its budget; to provide taxing authority and vest title of all property owned or occupied, now and in the future, in the board of education; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 386. By Senators Thomas of the 10th, Butler of the 55th and Stokes of the 43rd: A BILL to be entitled an Act to provide that the tax commissioner of DeKalb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of DeKalb County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1343. By Representatives Coan of the 67th, Post 1, Westmoreland of the 86th, Brooks of the 47th, Moraitakis of the 42nd, Post 4, Jamieson of the 22nd and others: A RESOLUTION rescinding, repealing, canceling, voiding, nullifying, and superseding any and all prior applications by the General Assembly heretofore made during any session thereof to the Congress of the United States of America to call a convention pursuant to the terms of Article V of the United States Constitution for proposing one or more amendments to that Constitution and urging the legislatures of other states to do the same; and for other purposes. The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: 1484 WEDNESDAY, MARCH 17, 2004 1479 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. The House has agreed to the Senate substitute to the following Bill of the House: 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 626. By Senator Gillis of the 20th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5491), so as to annex certain tracts or parcels of land into the City of Soperton and to change the description of the council districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 627. By Senator Clay of the 37th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 34 of the Official Code of Georgia Annotated, relating to the master and servant 1485 1480 JOURNAL OF THE SENATE employment relationship generally, so as to provide for prompt payment of wages to an employee following his or her resignation or discharge; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SR 942. By Senator Smith of the 52nd: A RESOLUTION honoring Admiral John Henry Towers and authorizing the placing of his portrait in the state capitol; and for other purposes. Referred to the Rules Committee. SR 950. By Senators Kemp of the 3rd, Thomas of the 2nd, Johnson of the 1st and Hill of the 4th: A RESOLUTION urging the director of the Environmental Protection Division of the Department of Natural Resources to revoke forthwith the ground-water withdrawal permit held by the bankrupt Durango Georgia Paper Company for its idle plant in St. Marys and to consider lifting the moratorium on the issuance of new ground-water withdrawal permits in the 24 county area in the Atlantic coastal and southeastern region of this state based upon the results of scientific investigation of the condition of ground-water resources in that area; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 951. By Senators Clay of the 37th and Dean of the 31st: A RESOLUTION designating the Daniel Starnes Bridge; and for other purposes. Senator Clay of the 37th gave notice that at the proper time he would ask that SR 951 be engrossed. SR 952. By Senators Reed of the 35th and Seay of the 34th: A RESOLUTION commending James D. (Jim) McGee; designating the James D. (Jim) McGee Memorial Highway; and for other purposes. Senator Clay of the 37th gave notice that at the proper time he would ask that SR 952 be engrossed. 1486 WEDNESDAY, MARCH 17, 2004 1481 The following House legislation was read the first time and referred to committee: HB 539. By Representative Harbin of the 80th: A BILL to amend Code Section 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, so as to provide for a minimum nonforfeiture rate of 1 1/2 percent on individual deferred annuities; to provide for a sunset to such provision; and for other purposes. Referred to the Insurance and Labor Committee. HB 560. By Representative Royal of the 140th: A BILL to amend Code Section 40-3-20 of the Official Code of Georgia Annotated, relating to applications for certificates of title for motor vehicles, so as to require proof of the payment of the sales and use tax as a precondition to titling certain motor vehicles; to provide for the collection of the tax; to provide for compensation for tag agents; and for other purposes. Referred to the Finance Committee. HB 607. By Representative Cummings of the 19th: A BILL to amend Code Section 47-2-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Employees' Retirement System of Georgia, so as to define a certain term; and for other purposes. Referred to the Retirement Committee. HB 810. By Representative Jenkins of the 93rd: A BILL to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of superior court clerks, so as to provide for certain fees and to extend the sunset date of such fees; to amend Code Section 15-6-97 of the Official Code of Georgia Annotated, relating to the state-wide uniform automated information system for property records, so as to extend the sunset date of said Code section; to amend Code Section 15-6-98 of the Official Code of Georgia Annotated, relating to collection and remittance of certain fees to the Georgia Superior Court Clerks' Cooperative Authority, so as to extend the sunset date of said Code section; and for other purposes. Referred to the Special Judiciary Committee. 1487 1482 JOURNAL OF THE SENATE HB 869. By Representatives Coleman of the 118th, Jenkins of the 93rd and Stephenson of the 60th, Post 1: A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to repeal certain additional charges on criminal and civil filings and proceedings; to repeal Code Section 15-6-77.4, relating to an additional divorce case filing fee for the Children's Trust Fund; to repeal Code Section 14-9-60.1, relating to an additional marriage license fee for the Children's Trust Fund; to repeal Article 4 of Chapter 21, the "Peace Officer and Prosecutor Training Fund of 1983"; to repeal Article 7 of Chapter 21, relating to the compensation to victims of violators of driving under the influence statute; to repeal Code Section 15-21-149; to repeal Code Section 15-21-150; to repeal Code Section 15-21-151; to repeal Code Section 15-21-152; and for other purposes. Referred to the Special Judiciary Committee. HB 918. By Representatives Dooley of the 33rd, Post 3, Fludd of the 48th, Post 4, Rogers of the 20th, Buckner of the 109th, Hill of the 16th and others: A BILL to amend Code Section 17-6-12 of the Official Code of Georgia Annotated, relating to the discretion of the court to release a person charged with a crime on his or her own recognizance and the effect of the person charged to appear for trial, so as to remove such discretion for a person who has failed to appear for trial on two or more occasions; and for other purposes. Referred to the Judiciary Committee. HB 935. By Representatives Harrell of the 54th, Brown of the 89th, Gardner of the 42nd, Post 3 and Howard of the 98th: A BILL to amend Article 1 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions related to services for the aging, so as to provide for legislative findings and intent; to establish an advisory committee on seniors and prescription drug costs and to provide for its selection, compensation, powers, qualifications, and duties; and for other purposes. Referred to the Insurance and Labor Committee. 1488 WEDNESDAY, MARCH 17, 2004 1483 HB 1003. By Representatives Powell of the 23rd, Bruce of the 45th, Westmoreland of the 86th, Stoner of the 34th, Post 1, DeLoach of the 127th and others: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Licensing Board for Residential and General Contractors; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1011. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Borders of the 142nd: A BILL to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions relative to HOPE scholarships and grants, so as to add public and private schools accredited by the Southern Association of Independent Schools to the definition of eligible high schools for the purposes of the HOPE program; and for other purposes. Referred to the Higher Education Committee. HB 1022. By Representatives McCall of the 78th, Floyd of the 132nd, Twiggs of the 8th and Smith of the 110th: A BILL to amend Article 6 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to operation of trains generally, so as to remove certain provisions relating to employees engaged in the operation of trains and relating to signal whistles and lights on trains; and for other purposes. Referred to the Transportation Committee. HB 1048. By Representatives Cummings of the 19th, Day of the 126th and Holmes of the 48th, Post 1: A BILL to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses, so as to allow the State Board of Education to prescribe the manner and grade level for certain required courses in history and government; to authorize alternative methods for certain transfer students; and for other purposes. Referred to the Education Committee. 1489 1484 JOURNAL OF THE SENATE HB 1182. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2, StanleyTurner of the 43rd, Post 2, Manning of the 32nd and Marin of the 66th: A BILL to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentence in criminal cases, so as to provide for provisions relating to work release programs in felony sentences; to provide for revocation of work release status; and for other purposes. Referred to the Judiciary Committee. HB 1215. By Representative Richardson of the 26th: A BILL to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases requiring application for appeal, contents, filing, and service of application, exhibits, response by opposing party, issuance of appellate court order regarding appeal, procedure, supersedeas, and jurisdiction of appeal, so as to provide that the provisions of such Code section shall not apply to appeals of cases involving zoning or land use issues; and for other purposes. Referred to the Judiciary Committee. HB 1274. By Representatives Day of the 126th, Skipper of the 116th, Parham of the 94th and Stephens of the 123rd: A BILL to amend Code Section 40-5-61 of the Official Code of Georgia Annotated, relating to surrender and return of license, so as to provide that if a court or the department has not secured a driver's license within 30 days following the date of final conviction giving rise to the suspension, then the revocation or suspension shall begin upon the expiration of the 30 day period; and for other purposes. Referred to the Public Safety and Homeland Security Committee. HB 1318. By Representatives Bordeaux of the 125th, Campbell of the 39th, Massey of the 24th and Mangham of the 62nd: A BILL to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, so as to change provisions relating to the qualifications of members of the Georgia Public Defender 1490 WEDNESDAY, MARCH 17, 2004 1485 Standards Council and members of the public defender selection panel; and for other purposes. Referred to the Judiciary Committee. HB 1325. By Representatives McBee of the 74th, Purcell of the 122nd, Greene of the 134th, Holmes of the 48th, Post 1 and Cummings of the 19th: A BILL to amend Chapters 2 and 3 of Title 20 of the Official Code of Georgia Annotated, 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 graduating from high school in 2007 and thereafter; and for other purposes. Referred to the Higher Education Committee. HB 1406. By Representatives Ashe of the 42nd, Post 2 and Porter of the 119th: 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 that the core curriculum shall conform to national curriculum standards; and for other purposes. Referred to the Education Committee. HB 1451. By Representatives Bordeaux of the 125th, Stephens of the 123rd, Stokes of the 72nd and Fleming of the 79th: A BILL to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to probate court costs, and Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide for premarital counseling; to provide for financial incentive to invest in premarital counseling; to change provisions relating to the contents of the application for a marriage license; and for other purposes. Referred to the Judiciary Committee. HB 1499. By Representatives Keen of the 146th, Dodson of the 84th, Post 1 and Harper of the 88th, Post 2: A BILL to amend Code Section 33-34-3 of the Official Code of Georgia 1491 1486 JOURNAL OF THE SENATE Annotated, relating to requirements for the issuance of motor vehicle liability insurance, so as to reduce the amount of advance payment for coverage from the first 60 days of coverage to the first 30 days of coverage; and for other purposes. Referred to the Insurance and Labor Committee. HB 1520. By Representatives Ray of the 108th and Royal of the 140th: A BILL to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change certain provisions relating to the notice period required prior to sale under a tax execution; to change certain provisions relating to amount payable for redemption; and for other purposes. Referred to the Finance Committee. HB 1547. By Representatives Greene of the 134th, Purcell of the 122nd and McBee of the 74th: A BILL to amend Code Section 20-3-312 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Student Finance Authority, so as to make editorial changes to certain definitions; and for other purposes. Referred to the Higher Education Committee. HB 1608. By Representatives Birdsong of the 104th, Warren of the 99th, Heath of the 18th, Douglas of the 73rd, Roberts of the 135th and others: A BILL to amend Code Section 27-2-4 of the Official Code of Georgia Annotated, relating to honorary hunting and fishing licenses, so as to provide that the Department of Veterans Service may certify to a disability; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 1666. By Representatives Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1: A BILL to provide for a homestead exemption from Murray County ad 1492 WEDNESDAY, MARCH 17, 2004 1487 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 1667. By Representatives Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1: A BILL to provide for a homestead exemption from Murray County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1705. By Representative Reece of the 11th: A BILL to provide for a homestead exemption from City of Lyerly ad valorem taxes for municipal purposes in the amount of $4,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1714. By Representatives Royal of the 140th, Richardson of the 26th, Buck of the 112th, Keen of the 146th, Buckner of the 82nd and others: A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, and Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for comprehensive provisions to provide funding to local governments for service delivery costs through certain sales and use taxation; to provide for comprehensive provisions to address changes in land use classification which increase service delivery and infrastructure costs to local government; to provide for the creation of special districts; to provide a special district sales and use tax; and for other purposes. Referred to the Finance Committee. 1493 1488 JOURNAL OF THE SENATE HB 1715. By Representatives Hembree of the 46th, Maxwell of the 27th, Brooks of the 47th, Bruce of the 45th, Wix of the 33rd, Post 1 and others: A BILL to create the Western Area Regional Radio System Authority; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1716. By Representatives Massey of the 24th and Elrod of the 25th: A BILL to create a board of elections and registration for Barrow County and to provide for its powers and duties; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1718. By Representatives Purcell of the 122nd and Stephens of the 123rd: A BILL to amend an Act creating the Effingham Family connection commission, so as to change the composition of members; to change the composition of officers; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1719. By Representative Hudson of the 95th: A BILL to amend an Act entitled "An Act to reconstitute the Board of Education of Glascock County," so as to revise the districts for the election of members of the board of education; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1720. By Representatives Westmoreland of the 86th, Channell of the 77th, Graves of the 106th, Shaw of the 143rd and O`Neal of the 117th: A BILL to amend Article 6 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the Indigent Care Trust Fund, so as to provide for reimbursement for ambulance services for Medicaid recipients as an authorized expenditure from the Indigent Care Trust Fund; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the 1494 WEDNESDAY, MARCH 17, 2004 1489 "Georgia Medical Assistance Act of 1977," so as to provide for definitions; to provide for certain payments for ambulance services for recipients of medical assistance; and for other purposes. Referred to the Appropriations Committee. HB 1721. By Representative Boggs of the 145th: A BILL to create a board of elections for Ware County and to provide for its powers and duties; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1734. By Representatives Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1 and Fludd of the 48th, Post 4: A BILL to create the City of East Point Charter Commission; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1735. By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Howell of the 92nd: A BILL to provide a new charter for the City of Griffin; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1736. By Representatives Wix of the 33rd, Post 1, Ehrhart of the 28th, Cooper of the 30th, Parsons of the 29th, Stoner of the 34th, Post 1 and others: A BILL to amend an act creating the Board of Commissioners of Cobb County, so as to change the provisions relating to the compensation of the chairperson and the other commissioners of the board; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1495 1490 JOURNAL OF THE SENATE HB 1738. By Representatives Teilhet of the 34th, Post 2, Richardson of the 26th, Golick of the 34th, Post 3, Stoner of the 34th, Post 1, Dooley of the 33rd, Post 3 and others: A BILL to amend an Act creating the State Court of Cobb County, so as to provide for certain costs and the provisions relating to costs in such court; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1747. By Representative Jenkins of the 8th: A BILL to make certain findings and determinations with respect to a certain transaction in which Rabun County acquired certain hospital facilities from the Woodlands Foundation, Inc.; to determine that said transaction is impossible to undo and that the transaction is therefore excused from compliance with Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisition of hospitals; to provide that no review by the Attorney General shall be required in connection with such transaction; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1748. By Representative Reece of the 11th: A BILL to amend an act incorporating the Town of Trion, so as to provide authority for the Board of Education of the Town of Trion to set, approve, and amend its budget; to provide taxing authority and vest title of all property owned or occupied, now and in the future, in the board of education; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 1343. By Representatives Coan of the 67th, Post 1, Westmoreland of the 86th, Brooks of the 47th, Moraitakis of the 42nd, Post 4, Jamieson of the 22nd and others: A RESOLUTION rescinding, repealing, canceling, voiding, nullifying, and superseding any and all prior applications by the General Assembly heretofore made during any session thereof to the Congress of the United States of 1496 WEDNESDAY, MARCH 17, 2004 1491 America to call a convention pursuant to the terms of Article V of the United States Constitution for proposing one or more amendments to that Constitution and urging the legislatures of other states to do the same; and for other purposes. Referred to the Rules Committee. The following communication was received by the Secretary and transmitted to President Pro Tempore Johnson of the 1st: The State Senate Atlanta, Georgia 30334 March 15, 2004 Senator Eric Johnson President Pro Tempore Room 321, State Capitol Atlanta, GA 30334 Pursuant to Senate Rule 218(a), I request that the following Governor's nomination, submitted to the Senate for confirmation, be referred to the Senate Education Committee. I also ask that acknowledgement of this request be forwarded to the Secretary of the Senate. Nominee: The entire list of nominees dated 3/10/04. Sincerely, /s/ Daniel Lee 29th Administration Floor Leader 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: HB 198 SR 877 Do Pass Do Pass Respectfully submitted, Senator Brush of the 24th District, Chairman 1497 1492 JOURNAL OF THE SENATE 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: HB 727 HB 1277 HB 1362 Do Pass Do Pass Do Pass HB 1408 Do Pass SR 904 Do Pass Respectfully submitted, Senator Gillis of the 20th 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 1295 HR 940 HR 1190 Do Pass by substitute Do Pass Do Pass HR 1262 HR 1341 SR 883 Do Pass Do Pass Do Pass Respectfully submitted, Senator Williams of the 19th District, Chairman Senator Tolleson of the 18th asked unanimous consent that Senator Stephens of the 51st be excused. The consent was granted, and Senator Stephens was excused. Senator Thomas of the 2nd asked unanimous consent that Senator Squires of the 5th be excused. The consent was granted, and Senator Squires was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Bowen Brown Bulloch Butler Cagle Cheeks Clay Crotts Harp Henson Hill Hooks Hudgens Jackson Johnson Kemp,B Kemp,R Lamutt Seabaugh Seay Shafer Smith,F Smith,P Starr Stokes Tanksley Tate Thomas,D 1498 WEDNESDAY, MARCH 17, 2004 1493 Dean Fort Gillis Golden Hall Hamrick Harbison Lee Levetan Me V Bremen Moody Mullis Price Reed Thomas,N Thomas,R Thompson Tolleson Unterman Williams Zamarripa Not answering were Senators: Blitch Squires (Excused) Brush Stephens (Excused) Collins Senator Blitch of the 7th 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 Jackson of the 50th introduced the chaplain of the day, Reverend Chris Pearce of Cleveland, Georgia, who offered scripture reading and prayer. Senator Seabaugh of the 28th asked unanimous consent that the following bill be withdrawn from the Senate Regulated Industries and Utilities Committee and committed to the Senate Special Judiciary Committee: HB 208. By Representatives Fludd of the 48th, Post 4, Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Stephenson of the 60th, Post 1, Hill of the 81st and others: A BILL to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners' Association Act," so as to clarify the definition of "lots"; to clarify the definition of "lot owner"; to clarify the definition of "property owners' development"; to clarify enforcement powers; to clarify voting procedures for multiple-owner units; to conform proxy requirements to other provisions of the law; and for other purposes. The consent was granted, and HB 208 was committed to the Senate Special Judiciary Committee. Senator Seabaugh of the 28th asked unanimous consent that the following bill be withdrawn from the Senate Regulated Industries and Utilities Committee and committed to the Senate Special Judiciary Committee: 1499 1494 JOURNAL OF THE SENATE HB 210. By Representatives Fludd of the 48th, Post 4, Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Stephenson of the 60th, Post 1, Hill of the 81st and others: A BILL to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to clarify the relevant date of recording of condominium instruments; to clarify the definition of "unit owner"; to clarify requirements for identifying recorded plats on amendments for expandable condominiums; to clarify requirements for identifying recorded plans on amendments for expandable condominiums; to clarify the classification of pipes and vents; and for other purposes. The consent was granted, and HB 210 was committed to the Senate Special Judiciary Committee. Senator Clay of the 37th introduced the doctor of the day, Dr. Samuel Gilbert. The following resolutions were read and adopted: SR 908. By Senator Jackson of the 50th: A RESOLUTION honoring the life and memory of Mr. Clyde Turner, Sr.; and for other purposes. SR 943. By Senators Stokes of the 43rd, Adelman of the 42nd, Butler of the 55th, Harbison of the 15th and Henson of the 41st: A RESOLUTION recognizing the Georgia Department of Community HealthOffice of Minority Health "GRACE" symposium; and for other purposes. SR 944. By Senators Clay of the 37th, Tanksley of the 32nd, Smith of the 52nd and Meyer von Bremen of the 12th: A RESOLUTION in memory of Grace Maloy Clay; and for other purposes. SR 947. By Senators Gillis of the 20th, Starr of the 44th, Harbison of the 15th, Henson of the 41st and Butler of the 55th: A RESOLUTION recognizing and commending Charlotte Peters; and for other purposes. 1500 WEDNESDAY, MARCH 17, 2004 1495 SR 948. By Senators Seabaugh of the 28th, Stephens of the 51st, Meyer von Bremen of the 12th and Lee of the 29th: A RESOLUTION commending Mr. James M. "Jim" Lyle and congratulating him on the occasion of his retirement from state government; and for other purposes. SR 949. By Senator Harbison of the 15th: A RESOLUTION commending Mr. Milton L. Abram, Jr., and REDISCOVERY Outpatient Substance Abuse Clinic; and for other purposes. SR 953. By Senators Hooks of the 14th, Blitch of the 7th and Bowen of the 13th: A RESOLUTION commending and recognizing Ms. Kimberly Littleton; and for other purposes. SR 910. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Collins of the 6th: A RESOLUTION commending Julia Raykin as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 911. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th, Hooks of the 14th and Harbison of the 15th: A RESOLUTION commending Linh Uyen Thi Tran as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 912. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Brown of the 26th: A RESOLUTION commending Rita C. Thompson as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. 1501 1496 JOURNAL OF THE SENATE SR 913. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Golden of the 8th: A RESOLUTION commending Barry McGee as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 914. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Smith of the 25th: A RESOLUTION commending Josie Neshelle Daniel as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 915. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Starr of the 44th: A RESOLUTION commending Robert Calhoun Ware as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 916. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Dean of the 31st: A RESOLUTION commending Toma S. Omonuwa as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 917. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Williams of the 19th: A RESOLUTION commending Aksana Marshall as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 918. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Thomas of the 10th: A RESOLUTION commending David C. Boyle as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. 1502 WEDNESDAY, MARCH 17, 2004 1497 SR 919. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Smith of the 52nd: A RESOLUTION commending Joy L. Cash as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 920. By Senators Hamrick of the 30th, Kemp of the 46th and Harp of the 16th: A RESOLUTION commending Jane A. Okpala as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 921. By Senators Hamrick of the 30th, Kemp of the 46th, Tolleson of the 18th and Harp of the 16th: A RESOLUTION commending Brian Joseph Joiner as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 922. By Senators Hamrick of the 30th, Kemp of the 46th, Tolleson of the 18th and Harp of the 16th: A RESOLUTION commending Daniel B. Price as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 923. By Senators Hamrick of the 30th, Kemp of the 46th, Tolleson of the 18th and Harp of the 16th: A RESOLUTION commending Nerissa Chambliss as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 924. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Bulloch of the 11th: A RESOLUTION commending Yogin P. Patel as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. 1503 1498 JOURNAL OF THE SENATE SR 925. By Senators Hamrick of the 30th, Harp of the 16th, Mullis of the 53rd and Thomas of the 54th: A RESOLUTION commending Johnathan M. Davis as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 926. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Hall of the 22nd: A RESOLUTION commending Jeremy S. Vandergriff as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 927. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Hooks of the 14th: A RESOLUTION commending Lindsey Nicole Phillips as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 928. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th, Thomas of the 2nd and Johnson of the 1st: A RESOLUTION commending Cori Hill as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 929. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th, Thomas of the 2nd and Johnson of the 1st: A RESOLUTION commending Brent Watson as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 930. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th, Hill of the 4th and Williams of the 19th: A RESOLUTION commending Dennis E. Lackey as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. 1504 WEDNESDAY, MARCH 17, 2004 1499 SR 931. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th, Cagle of the 49th and Jackson of the 50th: A RESOLUTION commending Heather Elizabeth Heyman as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 932. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Kemp of the 3rd: A RESOLUTION commending Lindsey R. Stewart as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 933. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Blitch of the 7th: A RESOLUTION commending Stacie Renee Crosby as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 934. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Zamarripa of the 36th: A RESOLUTION commending Charles R. Donaldson as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 935. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Zamarripa of the 36th: A RESOLUTION commending Kevin L. Francis as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 936. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Zamarripa of the 36th: A RESOLUTION commending Monique Gupta as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. 1505 1500 JOURNAL OF THE SENATE SR 937. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Lamutt of the 21st: A RESOLUTION commending Nicholas M. Marshall as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 938. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Bowen of the 13th: A RESOLUTION commending Jennifer L. Raynor as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 939. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th, Jackson of the 50th and Cagle of the 49th: A RESOLUTION commending Scott D. Berl as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 940. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Cheeks of the 23rd: A RESOLUTION commending Cynthia Lester Shepherd as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 941. By Senators Hamrick of the 30th, Kemp of the 46th, Harp of the 16th and Cheeks of the 23rd: A RESOLUTION commending Mallory Layne Lanier as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. SR 945. By Senators Hamrick of the 30th, Harp of the 16th, Kemp of the 46th and Meyer von Bremen of the 12th: A RESOLUTION commending Gareth R. Sheppard as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. 1506 WEDNESDAY, MARCH 17, 2004 1501 SR 946. By Senators Hamrick of the 30th, Harp of the 16th, Kemp of the 46th and Meyer von Bremen of the 12th: A RESOLUTION commending Cynthia Thornton as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. The time having arrived for the motion, Senator Reed of the 35th asked unanimous consent that the following resolution be engrossed: SR 952. By Senators Reed of the 35th and Seay of the 34th: A RESOLUTION commending James D. (Jim) McGee; designating the James D. (Jim) McGee Memorial Highway; and for other purposes. The consent was granted and SR 952 was engrossed. The President referred SR 952 to the Transportation Committee. The time having arrived for the motion, Senator Reed of the 35th asked unanimous consent that the following resolution be engrossed: SR 951. By Senators Clay of the 37th and Dean of the 31st: A RESOLUTION designating the Daniel Starnes Bridge; and for other purposes. The consent was granted and SR 951 was engrossed. The President referred SR 951 to the Transportation Committee. Senator Kemp of the 46th asked unanimous consent that Senator Moody of the 27th be excused. The consent was granted, and Senator Moody was excused. Senator Golden of the 8th asked unanimous consent that Senator Jackson of the 50th be excused. The consent was granted, and Senator Jackson was excused. SENATE RULES CALENDAR WEDNESDAY, MARCH 17, 2004 THIRTY-THIRD LEGISLATIVE DAY SB 541 Voters; application for fishing, hunting serve as registration; procedures (Substitute)(NR&E-52nd) 1507 1502 JOURNAL OF THE SENATE SB 563 SR 589 SR 704 SB 524 SB 568 SR 579 SR 843 SR 850 SR 866 SB 144 SB 350 SB 550 SB 588 SR 442 SR 461 Building Construction; alternative dispute mechanism; definitions; written claim (Substitute)(RI&Util-30th) State Properties Commission; convey real estate in Butts County; authorize (Substitute)(SI&P-17th) Richmond County; authorize conveyance of state property (SI&P-22nd) State Permit; bond prerequisite for filing certain appeals; requirement (Substitute)(NR&E-1st) Sewage holding tanks; removal, transport; regulation; definitions; penalties (Substitute)(NR&E-9th) Joint Water Conservation Study Committee; create (Substitute)(NR&E-46th) Designate; Woodpecker Trail Highway; 10 counties (TRANS-22nd) ENGROSSED Board of Education/Superintendent; urge grading system for Ga. K-12 (ED-30th) Battlefield Parkway; Catoosa County; dedicate portion to Baxter Shavers (Substitute)(TRANS-53rd) ENGROSSED Ethics; campaign contribution disclosure reports; filing functions; transfer to State Ethics Commission (Substitute)(ETHICS-17th) Health care claims filed electronically; expedited processing; timely payment (Amendment)(I&L-21st) Building Codes; change state minimum codes; delete obsolete prov.; redefine (Amendment)(RI&Util-46th) Public monuments; protection of privately owned honoring military; penalties (RULES-53rd) Watershed Dams; committee to study safety issues (Amendment)(RULES-56th) Senate Medicaid Study Committee; create (Amendment)(RULES-45th) 1508 WEDNESDAY, MARCH 17, 2004 1503 SR 760 SR 863 SR 827 SB 487 SB 500 SB 584 SB 595 SB 599 SB 603 SB 604 SB 608 SB 561 SB 582 SR 321 Joint Early Learning Initiative Commission; create (C&Y-46th) Board of Regents/Education; student participation as poll workers; create avenue (SLGO(G)-45th) Effects of Illegal Immigration; Senate Study Committee; creating (Amendment)(RULES-49th) Home arrest program; authorize add. types of supervision; change qualifications (PS&HS-47th) Electronic voting system; permanent paper record; recounts/election proceedings (Substitute)(SLGO(G)-56th) State employees salaries; federated charitable organizations; welfare services (Substitute)(I&L-45th) Health records; care provider, facility; electronic format; conditions/rights (H&HS-46th) Public works; prohibit state from requiring contractor to labor agreement (SLGO(G)-56th) Traffic; speed-monitoring systems; measure speed/produce photograph; penalty (PS&HS-49th) Emergency medical technicians; indemnification; noncompulsory insurance (Substitute)(I&L-54th) HMO; provide use of national standards for quality certification (I&L-48th) Electronic records/signatures; warranty deed; provide acceptance of signature (S&T-21st) Head injured/spinal cord disabled persons; reporting procedures; provisions (H&HS-12th) Preservation of Evidence from Criminal Cases, Senate Study Committee, creating (Amendment)(RULES-42nd) 1509 1504 SB 516 SR 878 SR 669 SR 632 SR 869 SB 423 SB 451 SB 546 SB 598 SR 596 SB 609 SB 505 SB 567 SB 443 SB 447 JOURNAL OF THE SENATE Ga. Community Streetcar Development/Revitalization; streetcar transportation (Substitute)(TRANS-36th) Natural Resources; urged to propose hiking trail named for Pres. Jimmy Carter (NR&E-36th) Joint Study Committee on Truck and Highway Safety; create (PS&HS42nd) Designate; May as Scots-Irish Month; Lord Laird of Artigarvan (RULES-16th) Designate; Judge Jim Weeks Intersection; Dekalb County (TRANS-40th) ENGROSSED Stone Mountain Memorial Assoc.; membership requirements (SI&P-41st) Public Records; disclosure; exempt authority (Substitute)(ETHICS-41st) Child welfare agencies; child care products; recall notices; provide information (C&Y-43rd) Students committing prohibited acts; parents notified by school principal (Amendment)(ED-43rd) Designate; Rosa Proctor Bridge; Baldwin County (TRANS-25th) Motor vehicles; operate in left lane of public road/highway with four lanes (PS&HS-55th) Community greenspace preservation; definitions; include land use as cemetery (Substitute)(NR&E-33rd) Drug-free commercial zones; counties, municipalities; Community Affairs Dept. (Substitute)(SLGO(G)-25th) Gift Card Integrity Act; unfair consumer transactions of gift cards (Substitute)(AG&CA-42nd) Medicaid; prior authorization/restriction on medication; prohibit (Substitute)(H&HS-3rd) 1510 WEDNESDAY, MARCH 17, 2004 1505 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 541. By Senators Smith of the 52nd, Gillis of the 20th, Mullis of the 53rd and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that certain applications for resident hunting, fishing, or trapping licenses shall also serve as applications for voter registration; to provide for procedures and administration related thereto; to change certain provisions relating to application for registration; to repeal conflicting laws; and for other purposes. The Senate Natural Resources and the Environment Committee offered the following substitute to SB 541: A BILL TO BE ENTITLED AN ACT To amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that certain applications for resident hunting, fishing, or trapping licenses shall also serve as applications for voter registration; to provide for procedures and administration related thereto; to change certain provisions relating to application for registration; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, is amended by striking subsection (a) of Code Section 21-2-220, relating to application for registration, rejection for failure to provide required information or for submission of false information, and aid to disabled or illiterate, and inserting in lieu thereof the following: "(a) Any person desiring to register as an elector shall apply to do so by making application to a registrar or deputy registrar of such persons county of residence in person, by submission of the federal post card application form as authorized under Code Section 21-2-219, by making application through the Department of Motor Vehicle Safety as provided in Code Section 21-2-221, by making application through the Department of Natural Resources as provided in Code Section 21-2-221.1, by 1511 1506 JOURNAL OF THE SENATE making application through designated offices as provided in Code Section 21-2-222, or by making application by mail as provided in Code Section 21-2-223." SECTION 2. Said article is further amended by inserting a new Code Section 21-2-221.1 to read as follows: "21-2-221.1. (a) Each application to obtain a resident hunting, fishing, or trapping license issued by the Department of Natural Resources pursuant to Chapter 2 of Title 27 and made by an applicant who is within six months of such applicants eighteenth birthday or older shall also serve as an application for voter registration unless the applicant declines to register to vote through specific declination or by failing to sign the voter registration application. (b) The Board of Natural Resources and the Secretary of State shall agree upon and design such procedures and forms as will be necessary to comply with this Code section, including without limitation procedures applicable to processing of applications received by persons approved as license agents for the Department of Natural Resources pursuant to Code Section 27-2-2. (c) The forms designed by the Board of Natural Resources and the Secretary of State: (1) Shall not require the applicant to duplicate any information required in the resident hunting, fishing, or trapping license portion of the application with the exception of a second signature; (2) Shall include such information as required on other voter registration cards issued by the Secretary of State; (3) Shall contain a statement that states each eligibility requirement contained in Code Section 21-2-216, that contains an attestation that the applicant meets each such requirement, and that requires the signature of the applicant under penalty of false swearing; and (4) Shall include, in print that is identical to that used in the attestation, the penalties provided by law for submission of a false voter registration application; and a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes. (d) Any person when acting as a license agent for the Department of Natural Resources shall not: (1) Seek to influence an applicants political preference; (2) Display on his or her person any such political preference or political party or body allegiance; (3) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from applying to register to vote; or (4) Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to apply to register or not to apply to register to vote has any bearing on the availability of services or benefits. 1512 WEDNESDAY, MARCH 17, 2004 1507 (e) The Department of Natural Resources shall transmit the completed applications for voter registration to the Secretary of State at the conclusion of each business day. The Secretary of State shall forward the applications to the appropriate county board of registrars to determine the eligibility of the applicant and, if found eligible, to add the applicants name to the list of electors and to place the applicant in the correct precinct and voting districts. (f) The Department of Natural Resources shall maintain such statistical records on the number of registrations and declinations as requested by the Secretary of State. (g) Information relating to the failure of an applicant for a resident hunting, fishing, or trapping license issued by the Department of Natural Resources to sign a voter registration application shall not be used for any purpose other than voter registration and shall not be subject to public inspection. (h) The Secretary of State and the Board of Natural Resources shall have the authority to promulgate rules and regulations to provide for the transmission of voter registration applications and signatures electronically. Such electronically transmitted signatures shall be valid as signatures on the voter registration application and shall be treated in all respects as a manually written original signature and shall be recognized as such in any matter concerning the voter registration application." SECTION 3. This Act shall become effective on July 1, 2005. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 35, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Harbison Harp Henson Y Hill Y Hooks Y Hudgens E Jackson Y Johnson Y Kemp,B Y Kemp,R Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate 1513 1508 JOURNAL OF THE SENATE Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Lamutt Y Lee Y Levetan Y Me V Bremen E Moody Y Mullis Y Price Y Reed Seabaugh Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 0. SB 541, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 March 17, 2004 Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Eldridge: Please let the journal reflect that I, Carol Jackson, 50th District Senator, wish for my vote on SB 541 to reflect "yes". Thank you, Sincerely, /s/ Carol Jackson 50th District Senator Senator Clay of the 37th asked unanimous consent that Senator Levetan of the 40th be excused. The consent was granted, and Senator Levetan was excused. 1514 WEDNESDAY, MARCH 17, 2004 1509 SB 563. By Senators Hamrick of the 30th, Seabaugh of the 28th, Harbison of the 15th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8 of the O.C.G.A., relating to buildings and standards of construction, so as to provide legislative findings; to provide for an alternative dispute mechanism to resolve disputes regarding construction defects; to provide definitions relating to construction; to provide for a written notice of claim by the claimant to the contractor; to provide for a written response by the contractor; to provide for access to dwellings for inspections and repairs; to provide for offers of settlement or repair or both; to provide immunity from liability for certain conditions; to provide for notice of a contractors right to resolve construction defects; to provide for claims by associations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 563: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings and standards of construction, so as to provide legislative findings; to provide for an alternative dispute mechanism to resolve disputes regarding construction defects; to provide definitions relating to construction; to provide for a written notice of claim by the claimant to the contractor; to provide for a written response by the contractor; to provide for access to dwellings for inspections and repairs; to provide for offers of settlement or repair or both; to provide immunity from liability for certain conditions; to provide for notice of a contractors right to resolve construction defects; to provide for claims by associations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings and standards of construction, is amended by adding a new Part 2A to read as follows: "Part 2A 8-2-35. The legislature finds, declares, and determines that Georgia needs an alternative method 1515 1510 JOURNAL OF THE SENATE to resolve legitimate construction disputes that would reduce the need for litigation while adequately protecting the rights of homeowners. The legislature declares that an effective alternative dispute resolution mechanism in certain construction defect matters should involve the claimant filing a notice of claim with the contractor that the claimant asserts is responsible for the defect and providing the contractor with the opportunity to resolve the claim without litigation. 8-2-36. As used in this part, the term: (1) 'Action' means any civil lawsuit, judicial action, or arbitration proceeding asserting a claim in whole or in part for damages or other relief in connection with a dwelling caused by an alleged construction defect. (2) 'Association' means a corporation formed for the purpose of exercising the powers of the members of any common interest community. (3) 'Claimant' means any one who asserts a claim concerning a construction defect. (4) 'Construction defect' has the meaning assigned by a written, express warranty either provided by the contractor or required by applicable statutory law; if no written, express warranty or applicable statutory warranty provides a definition, then construction defect means a matter concerning the design, construction, or repair of a dwelling, of an alteration of or repair or addition to an existing dwelling, or of an appurtenance to a dwelling on which a person has a complaint against a contractor. The term may include any physical damage to the dwelling, any appurtenance, or the real property on which the dwelling or appurtenance is affixed proximately caused by a construction defect. (5) 'Contractor' means any person, firm, partnership, corporation, association, or other organization that is engaged in the business of designing, developing, constructing, or selling dwellings or the alteration of or addition to an existing dwelling, repair of a new or existing dwelling, or construction, sale, alteration, addition, or repair of an appurtenance to a new or existing dwelling. The term includes: (A) An owner, officer, director, shareholder, partner, or employee of the contractor; (B) Subcontractors and suppliers of labor and materials used by a contractor in a dwelling; and (C) A risk retention group registered under applicable law, if any, that insures all or any part of a contractors liability for the cost to repair a construction defect. (6) 'Dwelling' means a single-family house, duplex, or multifamily unit designed for residential use in which title to each individual unit is transferred to the owner under a condominium or cooperative system and shall include common areas and improvements that are owned or maintained by an association or by members of an association. A dwelling includes the systems, other components, improvements, other structures, or recreational facilities that are appurtenant to the house, duplex, or multifamily unit at the time of its initial sale but not necessarily a part of the house, duplex, or multifamily unit. 1516 WEDNESDAY, MARCH 17, 2004 1511 (7) 'Serve' or 'service' means delivery by certified mail or statutory overnight delivery, return receipt requested, to the last known address of the addressee. For a corporation, limited partnership, limited liability company, or other registered business organization, it means service on the registered agent or other agent for service of process authorized by law. 8-2-37. If a claimant files an action without first complying with the requirements of this part, on application by a party to the action, the court or arbitrator shall dismiss the action, without prejudice, and the action may not be refiled or resumed until the claimant has complied with the requirements of this part. To the extent that the action includes a cause of action for damages due to personal injury or death, such cause of action shall not be subject to dismissal pursuant to this Code section. 8-2-38. (a) In every action subject to this part, the claimant shall, no later than 90 days before initiating an action against a contractor, provide service of written notice of claim on that contractor. The notice of claim shall state that the claimant asserts a construction defect claim or claims and is providing notice of the claim or claims pursuant to the requirements of this part. The notice of claim shall describe the claim or claims in detail sufficient to explain the nature of the alleged construction defects and the results of the defects. In addition, the claimant shall provide to the contractor any evidence that depicts the nature and cause of the construction defect, including expert reports, photographs, and videotapes, if that evidence would be discoverable under evidentiary rules. If, after proper request, the claimant fails to provide such evidence, then the claimant shall not be permitted to introduce any such evidence not produced into evidence in any action. (b) Within 30 days after service of the notice of claim by a claimant required in subsection (a) of this Code section, each contractor that has received the notice of claim may serve on the claimant, and on any other contractor that has received the notice of claim, a written response to the claim or claims, which either: (1) Offers to settle the claim by monetary payment, the making of repairs, or a combination of both, without inspection; or (2) Proposes to inspect the dwelling that is the subject of the claim. (c) If the contractor wholly rejects the claim and will neither remedy the alleged construction defect nor settle the claim or does not respond to the claimants notice of claim within the time stated in subsection (b) of this Code section, the claimant may bring an action against the contractor for the claims described in the notice of claim without further notice except as otherwise provided under applicable law. (d) If the claimant rejects the settlement offer made by the contractor, the claimant shall provide written notice of the claimants rejection to the contractor and, if represented by legal counsel, his or her attorney. The notice shall include the reasons for the claimants rejection of the contractors proposal or offer. If the claimant believes 1517 1512 JOURNAL OF THE SENATE that the settlement offer: (1) Omits reference to any portion of the claim; or (2) Was unreasonable in any manner, the claimant shall in his or her written notice include those items that claimant believes were omitted and set forth in detail all known reasons why the claimant believes the settlement offer is unreasonable. (e) If a proposal for inspection is made pursuant to paragraph (2) of subsection (b) of this Code section, the claimant shall, within 30 days of receiving the contractors proposal, provide the contractor and its subcontractors, agents, experts, and consultants prompt and complete access to the dwelling to inspect the dwelling, document any alleged construction defects, and perform any destructive or nondestructive testing required to fully and completely evaluate the nature, extent, and cause of the claimed defects and the nature and extent of any repairs or replacements that may be necessary to remedy the alleged defects. If destructive testing is required, the contractor shall give claimant advance notice of such tests and shall, after completion of the testing, return the dwelling to its pretesting condition. If any inspection or testing reveals a condition that requires additional testing to allow the contractor to fully and completely evaluate the nature, cause, and extent of the construction defect, the contractor shall provide notice to the claimant of the need for such additional testing and the claimant shall provide access as set forth in this Code section. If a claim is asserted on behalf of owners of multiple dwellings or multiple owners of units within a multifamily complex, then contractor shall be entitled to inspect each of the dwellings or units. (f) Within 14 days following completion of the inspection and testing set forth in this Code section, the contractor may serve on the claimant: (1) A written offer to fully or partially remedy the construction defect at no cost to the claimant. Such offer shall include a description of any additional construction necessary to remedy the defect described in the claim and an anticipated timetable for the completion of such construction; (2) A written offer to settle the claim by monetary payment; (3) A written offer including a combination of repairs and monetary payment; or (4) A written statement that the contractor will not proceed further to remedy the defect. (g) If a claimant accepts a contractors offer made pursuant to paragraph (1), (2), or (3) of subsection (f) of this Code section and the contractor does not proceed to make the monetary payment or remedy the construction defect or both within the agreed timetable, the claimant may bring an action against the contractor for the claim described in the notice of claim without further notice except as otherwise provided by applicable law. In such a situation, the claimant may also file the contractors offer and claimants acceptance, and such offer and acceptance will create a rebuttable presumption that a binding and valid settlement agreement has been created and should be enforced by the court or arbitrator. (h) If a claimant receives a written statement that the contractor will not proceed further to remedy the defect, the claimant may bring an action against the contractor for 1518 WEDNESDAY, MARCH 17, 2004 1513 the claim described in the notice of claim without further notice except as otherwise provided by applicable law. The contractors written statement shall include all known reasons for the rejection of the claim. (i) If the claimant rejects the offer made by the contractor to remedy the construction defect or to settle the claim by monetary payment or a combination of each, the claimant shall serve written notice of the claimants rejection on the contractor. The notice shall include all known reasons for the claimants rejection of the contractors offer. (j) Upon receipt of a claimants rejection and the reasons for such rejection, the contractor may, within 15 days of receiving the rejection, make a supplemental offer of repair or monetary payment or both to claimant. (k) If the claimant rejects the supplemental offer made by the contractor to repair the construction defect or to settle the claim by monetary payment or a combination of each, the claimant shall serve written notice of the claimants rejection on the contractor. The notice shall include all known reasons for the claimants rejection of the contractors supplemental settlement offer. (l) If a claimant rejects a reasonable offer, including any reasonable supplemental offer, made as provided by this part or does not permit the contractor to repair the construction defect pursuant to an accepted offer of settlement, the claimant may not recover an amount in excess of: (1) The fair market value of the offer of settlement or the actual cost of the repairs made; or (2) The amount of a monetary offer of settlement. For purposes of this subsection, the trier of fact shall determine the reasonableness of an offer of settlement made pursuant to this part. If the claimant has rejected a reasonable offer, including any reasonable supplemental offer, and any other law allows the claimant to recover costs and attorneys fees, then claimant may recover no costs or attorneys fees incurred after the date of his or her rejection. (m) Any claimant accepting the offer of the contractor to remedy a construction defect shall do so by serving the contractor with a written notice of acceptance within a reasonable period of time after receipt of the contractors settlement offer but no later than 30 days after receipt of the offer. If no response is served upon contractor within the 30 day period, then the offer shall be deemed accepted. (n) If a claimant accepts a contractors offer to repair a construction defect described in a notice of claim, the claimant shall provide the contractor and its subcontractors, agents, experts and consultants prompt and unfettered access to the dwelling to perform and complete the construction by the timetable stated in the settlement offer. (o) If, during the pendency of the notice, inspection, offer, acceptance, or repair process, an applicable limitations period would otherwise expire, the claimant may file an action against the contractor, but such action shall be immediately stayed until completion of the notice of claim process described in this part. This subsection shall not be construed to: (1) Revive a statute of limitations period that has expired prior to the date on which a 1519 1514 JOURNAL OF THE SENATE claimants written notice of claim is served; or (2) Extend any applicable statute of repose. (p) After the sending of the initial notice of claim, a claimant and a contractor may, by written mutual agreement, alter the procedure for the notice of claim process described in this part. (q) In an action relating to a dwelling involving a construction defect, a contractor shall not be liable for damages involving or caused by: (1) Normal shrinkage due to drying or settlement of construction components within the tolerance of building standards; (2) The contractors reliance on written information relating to the dwelling that was obtained from official government records or provided by a government entity; (3) Any construction defect known by or disclosed to a claimant before his or her purchase of the dwelling; (4) If the claimant is not the first owner of the dwelling, any construction defect known by the claimant or that could have been discovered by the claimant through the exercise of reasonable diligence prior the claimants purchase of the dwelling; or (5) Refusal of anyone to allow the contractor or contractors agents to perform their warranty service work. 8-2-39. A construction defect that is discovered after a claimant has provided a contractor with the initial claim notice may not be alleged in an action until the claimant has given the contractor who performed the original construction: (1) Written notice of claim regarding the alleged defect as required by Code Section 8-2-38; and (2) An opportunity to resolve the notice of claim in the manner provided in Code Section 8-2-38. 8-2-40. If a claimant accepts an offer made in compliance with this part and the contractor fulfills the offer in compliance with this part: (1) The claimant shall thereafter be barred from bringing an action for the claim described in the notice of claim; and (2) The contractor shall be deemed, for insurance purposes, to have been legally obligated to make the repairs or the monetary payment as if the claimant had recovered a judgment against the contractor in the amount of the cost of the repairs or the amount of the monetary payment or both. 8-2-41. (a) Upon entering into a contract for sale, construction, or improvement of a dwelling, the contractor shall provide notice to the owner of the dwelling of the contractors right to resolve alleged construction defects before a claimant may commence litigation against the contractor. Such notice shall be conspicuous and may be included as part of 1520 WEDNESDAY, MARCH 17, 2004 1515 the contract. (b) The notice required by subsection (a) of this Code section shall be in substantially the following form: GEORGIA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO CONSTRUCTED, IMPROVED, OR REPAIRED YOUR HOME. NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS OR BOTH. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY A CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR OTHER ACTION. 8-2-42. (a) A person shall not provide or offer to provide anything of value, directly or indirectly, to a property manager of an association or to a member or officer of an association to induce the property manager, member, or officer to encourage or discourage the association to file a claim for damages arising from a construction defect. (b) A property manager retained by a homeowners association shall not accept anything of value, directly or indirectly, in exchange for encouraging or discouraging the association that he or she manages to file a claim for damages arising from a construction defect. (c) A member or officer of an association shall not accept anything of value, directly or indirectly, in exchange for encouraging or discouraging the association of which he or she is a member or officer to file a claim for damages arising from a construction defect. (d) A person who knowingly violates subsection (a), (b), or (c) of this Code section shall be guilty of a misdemeanor. (e) An association may bring an action against a contractor to recover damages resulting from construction defects in any of the common elements or limited common elements of the common interest community only. Such action may be maintained only after: (1) The association first obtains the written approval of each units owner whose interest in the common elements or limited common elements will be the subject of the action; (2) A vote of the units owners to which at least a majority of the votes of the members of the association are allocated; (3) The full board of directors of the association and the contractor have met in 1521 1516 JOURNAL OF THE SENATE person and conferred in a good faith attempt to resolve the associations claim or contractor has definitively declined or ignored the requests to meet with the board of directors of the association; and (4) The association has otherwise satisfied all of the preaction requirements for a claimant to commence an action as set forth in this part. (f) At least three business days in advance of any vote to commence an action by an association to recover damages resulting from construction defects in any of the common elements or limited common elements of the common interest community, the attorney representing the association shall provide to each units owner a written statement that includes, in reasonable detail: (1) The defects and damages or injuries to the common elements or limited common elements; (2) The cause of the defects, if the cause is known; (3) The nature and the extent that is known of the damage or injury resulting from the defects; (4) The location of each defect within the common elements or limited common elements, if known; (5) A reasonable estimate of the cost of the action or mediation, including reasonable attorneys fees and costs, expert fees, and the costs of testing; and (6) All disclosures that the unit owner is required to make upon the sale of the unit. (g) An association or an attorney for an association shall not employ a person to perform destructive tests to determine any damage or injury to a unit, common element, or limited common element caused by a construction defect unless: (1) The person is licensed as a contractor pursuant to law; (2) The association has obtained the prior written approval of each units owner whose unit or interest in the common element or limited common element will be affected by such testing; (3) The person performing the tests has provided a written schedule for repairs; (4) The person performing the tests is required to repair all damage resulting from such tests in accordance with state laws and local ordinances relating thereto; (5) The association or the person so employed obtains all permits required to conduct such tests and to repair any damage resulting from such tests; and (6) Reasonable prior notice and opportunity to observe the tests is given to the contractor against whom an action may be brought as a result of the tests. (h) An association may commence an action only upon a vote or written agreement of the owners of the units to which at least a majority of the votes of the members of the association are allocated. In such a case, the association shall provide written notice to the owner of each unit of the meeting at which the commencement of an action is to be considered or action is to be taken at least 21 calendar days before the meeting. (i) The board of directors of an association may, without giving notice to the units owners, employ a contractor and such other persons as are necessary to make such immediate repairs to a unit or common element within the common interest community as are required to protect the health, safety, and welfare of the units owners. 1522 WEDNESDAY, MARCH 17, 2004 1517 8-2-43. (a) Nothing in this part shall create any cause of action on behalf of any claimant or contractor. (b) This part does not apply to a contractors right to seek contribution, indemnity or recovery against a subcontractor, supplier, or design professional for any claim made against a contractor by a claimant." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply to all actions commenced after said effective date, regardless of the date of sale or substantial completion, improvement, or repair of the dwelling at issue in the action. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Butler of the 55th offered the following amendment to SB 563: By inserting between lines 30 and 31 of page 9 the following new section: "SECTION 1.1 Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, related buildings and standards of construction, is amended by adding a new Part 3A to read as follows: Part 3A "8-2-55 (a) On and after July 1, 2004, every new dwelling and every new dwelling unit within an apartment building, house, condominium, townhouse, motel, hotel, or dormitory shall be equipped with a carbon monoxide detector or alarm which bears the label of a nationally recognized testing laboratory approved by the state fire marshal and which complies with the most recent Underwriters Laboratories Inc. (UL) Standard 2034 or its equivalent. (b)(1) The provisions of this Code section may be enforced by local building and fire code officials in the case of residential buildings which are not covered by Code Section 25-2-13; provided, however, that this Code section shall not establish a special duty on said officials to inspect such residential facilities for compliance with this Code section; provided, further, that inspections shall not be conducted for the purpose of determining compliance with this Code section absent reasonable cause to suspect other building or fire code violations. The jurisdiction enforcing this Code section shall retain any fines collected pursuant to this subsection. (2) Any occupant who fails to maintain a carbon monoxide detector or alarm in a 1523 1518 JOURNAL OF THE SENATE dwelling, dwelling unit, or other facility listed in subsection (a) of this Code section in good working order as required in this Code section shall be subject to a maximum fine of $25.00, provided that a warning shall be issued for a first violation. (c) Failure to maintain a carbon monoxide detector in good working order in a dwelling, dwelling unit, or other facility listed in subsection (a) of this Code section in violation of this Code section shall not be considered evidence of negligence, shall not be considered by the court on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or occupancy of such dwelling, dwelling unit, or other facility listed in subsection (a) of this Code section." Senator Butler of the 55th asked unanimous consent that her amendment be withdrawn. The consent was granted, and the amendment was withdrawn. On the adoption of the substitute, the yeas were 31, nays 4, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Blitch Y Bowen Brown Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee E Levetan Y Me V Bremen Y Moody Mullis Y Price N Reed Y Seabaugh N Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens N Stokes Tanksley Tate Y Thomas,D N Thomas,N N Thomas,R Thompson Y Tolleson Y Unterman Y Williams Zamarripa 1524 WEDNESDAY, MARCH 17, 2004 1519 On the passage of the bill, the yeas were 39, nays 8. SB 563, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 March 17, 2004 The Honorable Frank Eldridge Jr. State Capitol Atlanta, GA 30334 Dear Frank: I missed the vote on SB 563 (Building construction; alternative dispute mechanism) as I was dealing with a constituent problem so I would appreciate going on record as voting YES for this bill. Thank you for your assistance. Sincerely, /s/ Joey Brush 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 the board of commissioners of Butts County; to repeal conflicting laws; and for other purposes. The Senate State Institutions and Property Committee offered the following substitute to SR 589: A RESOLUTION Directing a study with respect to the potential location of a regional airport in Butts County; and for other purposes. 1525 1520 JOURNAL OF THE SENATE WHEREAS, there is interest in the possible location of a regional airport in Butts County in the vicinity of certain state property now under the custody and management of the Department of Corrections. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. There shall be conducted a study of the feasibility of the potential regional airport referred to in this resolution. Such study shall be carried out by: the commissioner of corrections or his or her designee, the commissioner of transportation or his or her designee, the commissioner of industry, trade, and tourism or his or her designee; the chairperson of the Butts County board of commissioners or his or her designee; and the chairperson of the Butts County Development Authority or his or her designee. SECTION 2. The study provided for in this resolution shall be completed no later than December 31, 2005, and the officials named in Section 1 of this resolution shall make a report to the General Assembly of their findings and recommendations, together with any proposed legislation which such officials may determine to be appropriate in furtherance of their findings and recommendations. SECTION 3. Staff support for the study shall be provided as appropriate by the state agencies whose commissioners are engaged in the study. The officials engaged in the study or their designees shall serve without compensation but may be reimbursed for expenses incurred in the same manner as and from the same source as for expenses incurred in the performance of their ordinary and regular duties of office. SECTION 4. That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without such approval. On the adoption of the substitute, the yeas were 36, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, 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 Harbison Y Harp Y Seay Y Shafer 1526 WEDNESDAY, MARCH 17, 2004 1521 Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee E Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 53, nays 0. SR 589, having received the requisite constitutional majority, was adopted by substitute. 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. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Cagle Y Cheeks Y Harbison Y Harp Y Henson Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Stephens Y Stokes Y Tanksley Y Tate 1527 1522 JOURNAL OF THE SENATE Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Lamutt Y Lee E Levetan Y Me V Bremen Y Moody Mullis Y Price Y Reed Y Seabaugh Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 50, nays 0. SR 704, having received the requisite constitutional majority, was adopted. Senator Tolleson of the 18th asked unanimous consent that Senator Crotts of the 17th be excused. The consent was granted, and Senator Crotts was excused. SB 524. By Senators Johnson of the 1st, Cagle of the 49th, Hudgens of the 47th and Gillis of the 20th: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, so as to require the obtaining of a bond as a prerequisite to filing certain appeals; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Natural Resources and the Environment Committee offered the following substitute to SB 524: A BILL TO BE ENTITLED AN ACT To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to require that the filing of a petition for hearing before an administrative law judge does not automatically stay any permit, order, or action issued by either the director of the Environmental Protection Division, the Shore Protection Committee, or the Coastal Marshlands Protection Committee; to provide that such a stay may be entered upon a showing of good cause; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1528 WEDNESDAY, MARCH 17, 2004 1523 Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking paragraph (2) of subsection (c) of Code Section 12-2-2, relating to the Environmental Protection Division and the procedure for aggrieved persons to appeal a decision of the director, and inserting in its place a new paragraph (2) to read as follows: "(2) Any person who is aggrieved or adversely affected by any order or action of the director shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. Notwithstanding any other provision of law to the contrary, the filing of such petition by persons other than the permittee, or person to whom the order or action is directed, shall not automatically stay such permit, order, or action; provided, however, the administrative law judge may grant a stay of the enforcement of such permit, order, or action upon appropriate terms for good cause shown. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. Any administrative law judge so appointed by the board shall fully meet and qualify as to all applicable conflict of interest requirements provided for in Section 304(h)(2)(D) of the Federal Water Pollution Control Act of 1972, as amended, and the rules, regulations, and guidelines promulgated thereunder. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the director, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50." SECTION 2. Said title is further amended by striking subsection (a) of Code Section 12-5-244, relating to administrative and judicial review under Part 2 of Article 4 of Chapter 5 of Title 12, the "Shore Protection Act," and inserting in its place a new subsection (a) to read as follows: "(a) Any person who is aggrieved or adversely affected by any order or action of the committee shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the board. Notwithstanding any other provision of law to the contrary, the filing of such petition by persons other than the permittee, or person to whom the order or action is directed, shall not automatically stay such permit, order, or action; provided, however, the administrative law judge may grant a stay of the enforcement of such permit, order, or action upon appropriate terms for good cause shown. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the committee, shall have the right of judicial review thereof in accordance with 1529 1524 JOURNAL OF THE SENATE Chapter 13 of Title 50." SECTION 3. Said title is further amended by striking subsection (b) of Code Section 12-5-283, relating to administrative and judicial review under Part 4 of Article 4 of Chapter 5 of Title 12, the "Coastal Marshlands Protection Act of 1970," and inserting in its place a new subsection (b) to read as follows: "(b) Any person who is aggrieved or adversely affected by any order or action of the committee shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the board. Notwithstanding any other provision of law to the contrary, the filing of such petition by persons other than the permittee, or person to whom the order or action is directed, shall not automatically stay such permit, order, or action; provided, however, the administrative law judge may grant a stay of the enforcement of such permit, order, or action upon appropriate terms for good cause shown. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the committee, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senators Johnson of the 1st and Meyer von Bremen of the 12th offered the following amendment: Amend the Senate Natural Resources and the Environment substitute to SB 524 by inserting between "entered" and "upon" on line 6 of page 1 "by an appropriate superior court". By striking from lines 17 through 22 of page 1, lines 12 through 16 of page 2, and lines 30 through 34 of page 2 the following: "Notwithstanding any other provision of law to the contrary, the filing of such petition by persons other than the permittee, or person to whom the order or action is directed, shall not automatically stay such permit, order, or action; provided, however, the administrative law judge may grant a stay of the enforcement of such permit, order, or action upon appropriate terms for good cause shown." and inserting in their place the following: "Notwithstanding any other provision of law to the contrary, the filing of such petition 1530 WEDNESDAY, MARCH 17, 2004 1525 by persons other than the permittee, or person to whom the order or action is directed, shall not automatically stay such permit, order, or action. Pursuant to Code Section 911-65, an appropriate superior court may enjoin a party from activities authorized by any such permit, order, or action while such permit, order, or action is under review by an administrative law judge." On the adoption of the amendment, the yeas were 36, nays 0, and the Johnson, Meyer von Bremen amendment was adopted. On the adoption of the substitute, the yeas were 37, nays 0, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen N Brown Brush Y Bulloch N Butler N Cagle Y Cheeks Y Clay Y Collins E 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 N Kemp,B Y Kemp,R Y Lamutt Y Lee E Levetan Y Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Smith,P E Squires Y Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D N Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams N Zamarripa On the passage of the bill, the yeas were 40, nays 10. SB 524, having received the requisite constitutional majority, was passed by substitute. 1531 1526 JOURNAL OF THE SENATE SB 568. By Senators Balfour of the 9th, Collins of the 6th, Shafer of the 48th, Brush of the 24th, Hall of the 22nd and others: A BILL to be entitled an Act to amend Chapter 15 of Title 12 of the Official Code of Georgia Annotated, relating to sewage holding tanks, so as to provide for regulation of removal, transport, and disposal of certain waste removed from grease interceptors, sand traps, oil-water separators, or grit traps that are not connected to on-site sewage management systems; to define certain terms; to provide for rules and regulations; to provide for enforcement; to provide penalties for violations; to provide for more restrictive local ordinances; to provide for related editorial revisions; to repeal conflicting laws; and for other purposes. The Senate Natural Resources and the Environment Committee offered the following substitute to SB 568: A BILL TO BE ENTITLED AN ACT To amend Chapter 15 of Title 12 of the Official Code of Georgia Annotated, relating to sewage holding tanks, so as to provide for regulation of removal, transport, and disposal of certain waste removed from grease interceptors, sand traps, oil-water separators, or grit traps that are not connected to on-site sewage management systems; to define certain terms; to provide for rules and regulations; to provide for enforcement; to provide penalties for violations; to provide for more restrictive local ordinances; to provide for related editorial revisions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 15 of Title 12 of the Official Code of Georgia Annotated, relating to sewage holding tanks, is amended by designating the existing provisions of said chapter as Article 1 of said chapter. SECTION 2. Said chapter is further amended by striking the word "chapter" and inserting in lieu thereof "article" wherever the former term appears in: (1) Code Section 12-15-1, relating to a short title; (2) Code Section 12-15-2, relating to legislative findings; (3) Code Section 12-15-3, relating to definitions; (4) Code Section 12-15-6, relating to responsibility for ensuring compliance with said chapter; (5) Code Section 12-15-7, relating to enforcement of compliance with said chapter; 1532 WEDNESDAY, MARCH 17, 2004 1527 and (6) Code Section 12-15-8, relating to violations. SECTION 3. Said chapter is further amended by adding a new article to read as follows: "ARTICLE 2 12-15-20. As used in this article, the term: (1) 'Commercial waste' means: (A) Nontoxic, nonhazardous liquid waste water from commercial facilities; (B) Grease interceptor contents generated by a commercial food operation or institutional food preparation facility including without limitation fats, oil, grease, and food scraps; or (C) Any oil waste residue produced from vehicle maintenance or washing that discharges to an oil-water separator or sand trap. (2) 'Department' means the Department of Natural Resources. (3) 'Division' means the Environmental Protection Division of the department. (4) 'Local governing authority' means the governing authority of a county or municipality. (5) 'Transporter' means any person or firm which owns or operates one or more waste tank trucks which receive or dispose of commercial waste in this state. 12-15-21. (a)(1) Removal of commercial waste from any grease interceptor, sand trap, oil-water separator, or grit trap that is not connected to an on-site sewage management system for the purpose of transporting such waste to a disposal site shall be accomplished in a clean and sanitary manner by means of a vacuum hose or pump that shall remove the entire contents of the holding tank or pretreatment system being serviced; and such waste removed shall be received, unmingled with any hazardous waste or septic waste, into a leakproof tank truck approved and permitted for such service as provided by paragraph (2) of this subsection. Any commercial waste spilled, leaked, discharged, or otherwise released or removed from a grease interceptor, sand trap, oilwater separator, or grit trap that is not connected to an on-site sewage management system to any location other than a licensed leakproof tank truck shall be deemed a violation of this Code section. (2) Any transporter shall register with the division or the local governing authority or its designee of any county or municipality in this state in which the transporter receives or disposes of commercial waste, and registration with the division or any such local governing authority shall be valid for operation throughout the state. Such registration shall be made on a standard form prescribed by rule or regulation of the department. 1533 1528 JOURNAL OF THE SENATE (3) Any commercial waste tank truck which receives or disposes of commercial waste in this state shall be inspected and permitted annually for purposes of compliance with the requirements of this subsection by the local governing authority or its designee of any county or municipality in this state in which the tank truck receives or disposes of commercial waste, and a single permit issued by any such local governing authority shall be valid for operation of such truck throughout the state. Such permit shall be on a standard form prescribed by rule or regulation of the department. The permit applicant shall be required to identify the facilities at which waste carried by such truck will be disposed, and such facilities shall be identified on and be a condition of such permit. For any transporter, the amount of such annual permit fee shall be $250.00 for the first truck and $100.00 for each additional truck. (b) Commercial waste vacuumed or pumped from any grease interceptor, sand trap, oil-water separator, or grit trap that is not connected to an on-site sewage management system and which waste is carried by tank trucks and disposed therefrom in this state shall be disposed only at a facility which is authorized by law to receive and process such waste. No person shall dispose of commercial waste from a tank truck at any location in this state other than the place inside the property boundaries designated for such waste by the authorized facilitys owner. (c) Any originator in this state, transporter, or disposal site operator in this state of any load of commercial waste vacuumed or pumped from any grease interceptor, sand trap, oil-water separator, or grit trap that is not connected to an on-site sewage management system shall be each responsible for maintaining a manifest system for such load of commercial waste, and the transporter shall certify on its manifest that such load of commercial waste is disposed in accordance with subsection (b) of this Code section or in accordance with the law of such other state in which it is disposed. The forms for such manifests shall be prescribed by rule or regulation of the department. Such manifests shall be maintained at the principal places of business of the originator, transporter, and disposal site operator for not less than three years from the date of waste removal, transport, or disposal; except that the transporters manifests covering not less than the immediately preceding 30 day period for a particular truck shall be kept in the transporters tank truck at all times when operating in this state. Such manifests shall be made available at any time for inspection by the division or any local governing authority or the designee thereof. (d) Any person who violates any provision of this article, the rules and regulations adopted pursuant to this article, or any permit condition or limitation established pursuant to this article shall be liable for a civil penalty not to exceed $2,500.00 per violation. For the purpose of enforcing the provisions of this article, notwithstanding any provision in Code Section 36-35-6, any other provision of law, or any municipal charter to the contrary, municipal courts shall have jurisdiction in cases of violations committed within municipalities and shall be authorized to impose a civil penalty not to exceed $2,500.00 for each violation. Magistrate courts shall have jurisdiction in cases of violations of this article committed within unincorporated areas of counties and shall be authorized to impose a civil penalty not to exceed $2,500.00 for each violation. 1534 WEDNESDAY, MARCH 17, 2004 1529 12-15-22. The department shall promulgate such rules and regulations as are reasonable and necessary for purposes of enforcement of this article not later than December 31, 2004. 12-15-23. The respective local governing authorities and their duly authorized agents are authorized to enforce compliance with this article and rules and regulations promulgated and adopted pursuant to this article. 12-15-24. This article shall be cumulative and shall not prohibit the enactment and enforcement of local ordinances by the governing authority of a county or municipality on this subject which are not in conflict with this article; provided, however, that such local governing authority shall be required to provide timely written notice to the division of any enforcement action taken pursuant to such an ordinance against an operator permitted under this article who is alleged to be in violation of such local ordinance. The division shall be notified of the initiation of any such local enforcement action and of the final conclusions or ultimate outcome of any such action." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 40, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee E Levetan Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R 1535 1530 JOURNAL OF THE SENATE Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 53, nays 0. SB 568, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House and Senate: HB 1661. By Representatives Black of the 144th, Borders of the 142nd and Shaw of the 143rd: A BILL to create the Lowndes County Public Facilities Authority; and for other purposes. HB 1724. By Representatives Stephens of the 124th, Post 2, Stephens of the 123rd, Jackson of the 124th, Post 1, Bordeaux of the 125th and Day of the 126th: A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Thunderbolt ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. HB 1725. By Representatives Day of the 126th, Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1 and Stephens of the 124th, Post 2: A BILL to amend an Act providing for a base year assessed value homestead exemption from the City of Vernonburg ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. 1536 WEDNESDAY, MARCH 17, 2004 1531 HB 1726. By Representatives Day of the 126th, Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1 and Stephens of the 124th, Post 2: A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Tybee Island ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. HB 1727. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th: A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Port Wentworth ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. HB 1728. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th: A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Bloomingdale ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. HB 1729. By Representatives Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th: A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Savannah ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. HB 1730. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th: A BILL to amend an Act providing for a base year assessed value 1537 1532 JOURNAL OF THE SENATE homestead exemption from City of Garden City ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. HB 1731. By Representatives Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th: A BILL to amend an Act providing for a base year assessed value homestead exemption from Chatham County and City of Savannah School District ad valorem taxes for educational purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. HB 1732. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th: A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Pooler ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. HB 1733. By Representatives Day of the 126th, Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and others: A BILL to amend an Act providing for a base year assessed value homestead exemption from Chatham County ad valorem taxes for county purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. HB 1753. By Representatives Rogers of the 20th, Reece of the 21st and Amerson of the 9th: A BILL to amend an Act providing for a homestead exemption from all City of Gainesville independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or older and whose annual household income does not exceed $12,000.00, as amended, particularly by an Act which provided a homestead exemption from such taxes for such residents who are 62 years 1538 WEDNESDAY, MARCH 17, 2004 1533 of age but less than 75 years of age in the amount of $30,000.00 of the assessed value of the homestead if the annual household income does not exceed $25,000.00 and a full value homestead exemption from such taxes for such residents who are 75 years of age or older; and for other purposes. HB 1754. By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Howell of the 92nd: A BILL to amend an Act to revise and consolidate the several Acts of the General Assembly of Georgia granting and amending the charter of the City of Griffin in Spalding County, so as to authorize the City of Griffin to lease municipal property for up to five years with options to renew for three additional five-year periods to a nonprofit corporation for certain purposes related to recreation; and for other purposes. HB 1755. By Representatives Yates of the 85th, Post 1 and Lunsford of the 85th, Post 2: A BILL to amend an act incorporating the City of Sunny Side and providing a new charter for such city, so as to change the terms of office for the members of the council; to provide for staggered terms of office; and for other purposes. HB 1757. By Representatives Smith of the 87th, Westmoreland of the 86th, Brown of the 89th, Harper of the 88th, Post 2 and Butler of the 88th, Post 1: A BILL to continue the State Court of Coweta County; to specify the location of the court and provide for facilities therefor; to provide for jurisdiction, powers, practice, and procedure; to provide for terms of court; and for other purposes. HB 1763. By Representatives Smith of the 13th, Post 2, Childers of the 13th, Post 1 and Reece of the 11th: A BILL to create the City of Rome School Building Authority and to provide for the appointment of members of the authority; and for other purposes. HB 1768. By Representatives Childers of the 13th, Post 1, Smith of the 13th, Post 2 and Reece of the 11th: A BILL to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for 1539 1534 JOURNAL OF THE SENATE certain residents of that school district, so as to change the definition of homestead for purposes of the homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and the homestead exemption for persons who are 65 years of age or over regardless of income; and for other purposes. HB 1770. By Representatives Childers of the 13th, Post 1, Smith of the 13th, Post 2 and Reece of the 11th: A BILL to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to change the definition of homestead for purposes of the homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and the homestead exemption for persons who are 65 years of age or over regardless of income; and for other purposes. HB 1771. By Representative Ray of the 108th: A BILL to create a board of elections and registration for Crawford County and provide for its powers and duties; and for other purposes. HB 1773. By Representative Scott of the 138th: A BILL to amend an Act entitled "An Act to provide for the election of the members of the board of education of Turner County," so as to provide for the compensation of the members of the board; and for other purposes. HB 1774. By Representatives Hill of the 16th, Rogers of the 15th, Franklin of the 17th, Murphy of the 14th, Post 2, Knox of the 14th, Post 1 and others: A BILL to create the Holly Springs Parks and Recreation Authority; to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas; and for other purposes. SB 154. By Senators Unterman of the 45th, Mullis of the 53rd and Balfour of the 9th: A BILL to be entitled an Act to provide for the filling of vacancies in the office of sheriff of Gwinnett County; to provide for related matters; to repeal conflicting laws; and for other purposes. 1540 WEDNESDAY, MARCH 17, 2004 1535 SB 548. By Senators Unterman of the 45th and Kemp of the 46th: A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Bethlehem, approved April 21, 1967 (Ga. L. 1967, p. 3412), so as to provide for a municipal court and the judges thereof; to provide for jurisdiction of such court; to provide for a clerk; to provide for bail; to provide for punishments; to provide for a town jail; to provide for the issuance of subpoenas and warrants and the execution of judgments; to provide for staggered terms of office for the members of the town council; to require submission for preclearance under Section 5 of the Federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. The Calendar was resumed. 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. The Senate Natural Resources and the Environment Committee offered the following substitute to SR 579: A RESOLUTION Creating the Joint Water Conservation Study Committee; and for other purposes. WHEREAS, the drought that lasted from 1998 to 2002 had profound negative impacts on public drinking water systems, industry, agriculture, commercial fisheries, recreation, and other water users in Georgia; and WHEREAS, the growth in population and economic activity in Georgia has placed added demands on the surface and ground water resources of the state; and WHEREAS, the potential for salt water intrusion into the Floridian Aquifer in coastal Georgia is a major concern and is the subject of the interim strategy of the Environmental Protection Division of the Department of Natural Resources for ground water withdrawal reduction and is the subject of ongoing scientific studies funded jointly by the State of Georgia and the private sector; and WHEREAS, the future health of the agricultural economy and the environment of the Flint River Basin in southwest Georgia are dependent upon the adoption of development 1541 1536 JOURNAL OF THE SENATE and conservation plans that are based on sound science; and WHEREAS, the Metropolitan North Georgia Water Planning District has examined measures to meet water demands in the Atlanta metropolitan area through reallocation of water from existing sources, increased efficiency, and water conservation; and WHEREAS, the unresolved water issues between Georgia and its neighboring states of Alabama and Florida will have uncertain impacts on the amount of water Georgia can withdraw from the Flint and Chattahoochee River Basins; and WHEREAS, water issues exist between Georgia and South Carolina regarding the use of surface and ground water shared by the two states, the resolution of which could limit future water withdrawals within the state; and WHEREAS, there are limited new sources of water to meet increasing demands for water; and WHEREAS, it costs less to be more efficient with the water resources that we already have; and WHEREAS, increasing demands for water withdrawals can have significant adverse effects on downstream water users, water quality, and aquatic habitat; and WHEREAS, there are many potential methods to reduce water demands in Georgia during drought and nondrought periods; and WHEREAS, the Department of Natural Resources employs water conservation staff to develop a water conservation plan which will require legislative support to implement; and WHEREAS, the State of Georgia is expected to undertake development of a Comprehensive State Water Management Plan that may require increased emphasis on water conservation measures; and WHEREAS, many local governments are examining options and have implemented water resource enhancements, such as reservoirs and wells, and water conservation measures; and WHEREAS, implementing water conservation measures can help delay or avoid expensive capital projects; and WHEREAS, additional actions are necessary to provide safe and secure water supplies for predicted population growth; and 1542 WEDNESDAY, MARCH 17, 2004 1537 WHEREAS, conserving water means having more water available for future growth, ecosystem protection, current quality of life, and future generations; and WHEREAS, in light of the above issues, it is now time to examine state options for encouraging water conservation and improved efficiency in water use. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Water Conservation Study Committee to be composed of eleven members consisting of three members of the Senate to be appointed by the Senate Committee on Assignments, three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, and five members to be appointed by the Governor representing the following interests: county government, city government, the environmental community, the business community, and the agricultural community. A cochairperson from the Senate shall be selected by the Senate Committee on Assignments from those Senate members appointed to the committee and a cochairperson from the House of Representatives shall be selected by the Speaker of the House of Representatives from those House members appointed to the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study of water conservation options for Georgia. The committee shall consider existing policy, laws, rules, and programs to encourage or require water conservation measures by each waterusing sector. The committee shall recommend legislative, financing, and other policy changes necessary for Georgia to increase water conservation, to assist city and county governments and other permitted water users to increase water conservation and to improve water use efficiency, and recommend any other action or legislation the committee deems appropriate. BE IT FURTHER RESOLVED that the committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances authorized for legislative members of interim committees but shall receive the same for not more than three days unless additional days are authorized. Members of the committee who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the committee, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the committee in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. Citizen members of the committee shall receive no compensation for their services on the committee. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and the House of Representatives. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, such 1543 1538 JOURNAL OF THE SENATE report shall be made on or before December 1, 2004. The committee shall stand abolished on December 1, 2004. On the adoption of the substitute, the yeas were 30, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee E Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Y Tanksley Tate Y Thomas,D N Thomas,N Y Thomas,R Y Thompson Y Tolleson Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 49, nays 2. The resolution, having received the requisite constitutional majority, was adopted by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: 1544 WEDNESDAY, MARCH 17, 2004 1539 HB 611. By Representative Campbell of the 39th: A BILL to amend Code Section 40-2-71 of the Official Code of Georgia Annotated, relating to disabled veteran license plates, so as to authorize the issuance of a license plate to a veteran for a vehicle which is owned by a trust if the veteran is the sole beneficiary, the trustee, and the donor of such trust; and for other purposes. HB 712. By Representative Mobley of the 58th: A BILL to amend Chapters 3 and 4 of Title 20 of the Official Code of Georgia Annotated, relating respectively to postsecondary education and vocational, technical, and adult education, so as to provide that each publisher of a textbook shall provide an electronic format of such textbook as is available; and for other purposes. The Calendar was resumed. SR 843. By Senators Hall of the 22nd, Cheeks of the 23rd, Johnson of the 1st, Williams of the 19th, Hill of the 4th and others: A RESOLUTION designating the Woodpecker Trail 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 Y Cheeks Clay Y Collins Y Crotts Y Dean Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee E Levetan Y Me V Bremen Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Starr Y Stephens Y Stokes Y Tanksley Tate Y Thomas,D Thomas,N Thomas,R Y Thompson 1545 1540 JOURNAL OF THE SENATE Fort Y Gillis Y Golden Y Hall Y Hamrick Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 47, nays 0. SR 843, having received the requisite constitutional majority, was adopted. The following House legislation was read the first time and referred to committee: HB 1661. By Representatives Black of the 144th, Borders of the 142nd and Shaw of the 143rd: A BILL to create the Lowndes County Public Facilities Authority; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1724. By Representatives Stephens of the 124th, Post 2, Stephens of the 123rd, Jackson of the 124th, Post 1, Bordeaux of the 125th and Day of the 126th: A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Thunderbolt ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1725. By Representatives Day of the 126th, Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1 and Stephens of the 124th, Post 2: A BILL to amend an Act providing for a base year assessed value homestead exemption from the City of Vernonburg ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1546 WEDNESDAY, MARCH 17, 2004 1541 HB 1726. By Representatives Day of the 126th, Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1 and Stephens of the 124th, Post 2: A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Tybee Island ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1727. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th: A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Port Wentworth ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1728. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th: A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Bloomingdale ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1729. By Representatives Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th: A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Savannah ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1547 1542 JOURNAL OF THE SENATE HB 1730. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th: A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Garden City ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1731. By Representatives Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th: A BILL to amend an Act providing for a base year assessed value homestead exemption from Chatham County and City of Savannah School District ad valorem taxes for educational purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1732. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th: A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Pooler ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1733. By Representatives Day of the 126th, Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and others: A BILL to amend an Act providing for a base year assessed value homestead exemption from Chatham County ad valorem taxes for county purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1548 WEDNESDAY, MARCH 17, 2004 1543 HB 1753. By Representatives Rogers of the 20th, Reece of the 21st and Amerson of the 9th: A BILL to amend an Act providing for a homestead exemption from all City of Gainesville independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or older and whose annual household income does not exceed $12,000.00, as amended, particularly by an Act which provided a homestead exemption from such taxes for such residents who are 62 years of age but less than 75 years of age in the amount of $30,000.00 of the assessed value of the homestead if the annual household income does not exceed $25,000.00 and a full value homestead exemption from such taxes for such residents who are 75 years of age or older; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1754. By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Howell of the 92nd: A BILL to amend an Act to revise and consolidate the several Acts of the General Assembly of Georgia granting and amending the charter of the City of Griffin in Spalding County, so as to authorize the City of Griffin to lease municipal property for up to five years with options to renew for three additional five-year periods to a nonprofit corporation for certain purposes related to recreation; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1755. By Representatives Yates of the 85th, Post 1 and Lunsford of the 85th, Post 2: A BILL to amend an act incorporating the City of Sunny Side and providing a new charter for such city, so as to change the terms of office for the members of the council; to provide for staggered terms of office; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1757. By Representatives Smith of the 87th, Westmoreland of the 86th, Brown of the 89th, Harper of the 88th, Post 2 and Butler of the 88th, Post 1: A BILL to continue the State Court of Coweta County; to specify the location of the court and provide for facilities therefor; to provide for jurisdiction, 1549 1544 JOURNAL OF THE SENATE powers, practice, and procedure; to provide for terms of court; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1763. By Representatives Smith of the 13th, Post 2, Childers of the 13th, Post 1 and Reece of the 11th: A BILL to create the City of Rome School Building Authority and to provide for the appointment of members of the authority; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1768. By Representatives Childers of the 13th, Post 1, Smith of the 13th, Post 2 and Reece of the 11th: A BILL to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to change the definition of homestead for purposes of the homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and the homestead exemption for persons who are 65 years of age or over regardless of income; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1770. By Representatives Childers of the 13th, Post 1, Smith of the 13th, Post 2 and Reece of the 11th: A BILL to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to change the definition of homestead for purposes of the homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and the homestead exemption for persons who are 65 years of age or over regardless of income; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1550 WEDNESDAY, MARCH 17, 2004 1545 HB 1771. By Representative Ray of the 108th: A BILL to create a board of elections and registration for Crawford County and provide for its powers and duties; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1773. By Representative Scott of the 138th: A BILL to amend an Act entitled "An Act to provide for the election of the members of the board of education of Turner County," so as to provide for the compensation of the members of the board; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1774. By Representatives Hill of the 16th, Rogers of the 15th, Franklin of the 17th, Murphy of the 14th, Post 2, Knox of the 14th, Post 1 and others: A BILL to create the Holly Springs Parks and Recreation Authority; to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas; and for other purposes. Referred to the State and Local Governmental Operations Committee. At 12:41 p.m. the President announced that the Senate would stand in recess until 1:45 p.m. At 1:45 p.m. the President called the Senate to order. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1567. By Representatives Greene of the 134th, Butler of the 88th, Post 1, Barnard of the 121st, Post 1, Buckner of the 109th and Reece of the 11th: A BILL to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for probation services by private entities and local governments; to change certain provisions relating 1551 1546 JOURNAL OF THE SENATE to applicability of the state-wide probation system to counties establishing probation systems or entering into agreements for private probation services pursuant to Code Section 42-8-100; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1028. By Representative Powell of the 23rd: A BILL to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to create the Georgia Hospital Insurance Authority; to provide a short title; to provide for definitions; to provide for the members of the authority and their selection, service, and terms of office; and for other purposes. HB 1035. By Representatives Harrell of the 54th, Reece of the 21st, Drenner of the 57th, Benfield of the 56th, Post 1, Manning of the 32nd and others: A BILL to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, so as to provide for a fine for leaving a child unattended in a passenger car; and for other purposes. HB 1322. By Representatives Fleming of the 79th, Bordeaux of the 125th, Oliver of the 56th, Post 2, Burmeister of the 96th, Douglas of the 73rd and others: A BILL to amend Code Section 15-11-103 of the Official Code of Georgia Annotated, relating to the placement of a child following a termination order, custodial authority, and review of placement, so as to change the time limit requirements for the review of an adoption petition; and for other purposes. HB 1384. By Representatives Sinkfield of the 50th, Jamieson of the 22nd, Manning of the 32nd, Marin of the 66th, Thomas of the 43rd, Post 1 and others: A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income exclusions and tax credits with respect to individual development accounts; to provide for procedures, conditions, and limitations; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community 1552 WEDNESDAY, MARCH 17, 2004 1547 Affairs, so as to provide for the comprehensive regulation of individual development accounts and programs; and for other purposes. HB 1617. By Representatives Moraitakis of the 42nd, Post 4, Thomas of the 43rd, Post 1, Ashe of the 42nd, Post 2 and Willard of the 40th: A BILL to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to provide for additional qualifications of a notary; to change certain provisions relating to the notary's application; to change certain provisions relating to fees of notaries; to change certain provisions relating to a notary's obligation to advise the clerk of superior court of certain changes in personal information; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees, so as to change the fee for issuing certificates of appointment and reappointment to notaries public; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1510. By Representatives Jamieson of the 22nd and Moraitakis of the 42nd, Post 4: A BILL to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," so as to change certain provisions regarding the creation of tax allocation districts; to change certain provisions regarding the allocation of certain tax allocation increments; to change certain provisions regarding the use of local general fund moneys with respect to tax allocation bonds; and for other purposes. The Calendar was resumed. SR 850. By Senators Hamrick of the 30th, Kemp of the 46th and Brush of the 24th: A RESOLUTION urging the State Superintendent of Schools and the State Board of Education to study the issue of developing and implementing a standard grading system for Georgia's K-12 public education system; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. 1553 1548 JOURNAL OF THE SENATE On the adoption of the resolution, a roll call was taken, and the vote was as follows: Adelman Balfour Blitch Y Bowen Y Brown Y Brush Bulloch Butler Cagle Y Cheeks Y Clay Collins Crotts Y Dean Fort Y Gillis Golden Y Hall Y Hamrick Y Harbison Y Harp Henson Y Hill Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Kemp,R Y Lamutt Lee Y Levetan Me V Bremen Y Moody Mullis Y Price Reed Y Seabaugh Y Seay Shafer Y Smith,F Smith,P E Squires Starr Y Stephens Y Stokes Tanksley Tate Y Thomas,D Thomas,N Thomas,R Thompson Y Tolleson Y Unterman Y Williams Zamarripa On the adoption of the resolution, the yeas were 29, nays 0. SR 850, having received the requisite constitutional majority, was adopted. SR 866. By Senator Mullis of the 53rd: A RESOLUTION dedicating a portion of the Battlefield Parkway in Catoosa County to the memory of Baxter Shavers; and for other purposes. Senator Mullis of the 53rd asked unanimous consent that the committee substitute offered by the Senate Transportation Committee to SR 866, an engrossed resolution, be permitted in order to correct a technical problem with the resolution. The consent was granted and the committee substitute was permitted. The Senate Transportation Committee offered the following substitute to SR 866: A RESOLUTION Dedicating a portion of the Battlefield Parkway in Catoosa County to the memory of Baxter Shavers; and for other purposes. 1554 WEDNESDAY, MARCH 17, 2004 1549 WHEREAS, Baxter Shavers was a deputy sheriff of Catoosa County who sacrificed his life in the line of duty on April 14, 1978, in the attempt to apprehend an armed robbery suspect; and WHEREAS, it is fitting and proper that the sacrifice of Baxter Shavers in the line of duty in protecting the citizens of Catoosa County and this state be recognized appropriately. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Battlefield Parkway, Georgia State Highway 2, from its intersection with U.S. Highway 27 to its intersection with U.S. Highway 41 in Catoosa County be dedicated to the memory of Baxter Shavers. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating such section of the Battlefield Parkway, State Highway 2, as being dedicated to the memory of Baxter Shavers. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation. On the adoption of the substitute, the yeas were 33, 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, a roll call was taken, and the vote was as follows: Y Adelman Balfour Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins N Crotts Y Dean Y Harbison Y Harp Y Henson Y Hill Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt Lee Y Levetan Y Me V Bremen Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Tanksley Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson 1555 1550 JOURNAL OF THE SENATE Fort Y Gillis Y Golden Y Hall Y Hamrick Y Moody Y Mullis Y Price Reed Y Seabaugh Y Tolleson Y Unterman Williams Y Zamarripa On the adoption of the resolution, the yeas were 43, nays 1. The resolution, having received the requisite constitutional majority was adopted by substitute. SB 144. By Senators Crotts of the 17th, Smith of the 52nd, Brush of the 24th, Kemp of the 46th, Tolleson of the 18th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to transfer certain functions relative to the filing of campaign contribution disclosure reports from the Secretary of State to the State Ethics Commission; to repeal conflicting laws; and for other purposes. The Senate Ethics Committee offered the following substitute to SB 144: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to transfer certain functions relative to the filing of campaign contribution disclosure reports from the Secretary of State to the State Ethics Commission; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," is amended by striking in their entirety subsections (b) and (g) of Code Section 21-5-30, relating to contributions made to a candidate or campaign committee or for recall of a public officer, and inserting in lieu thereof, respectively, the following: "(b) Each candidate shall maintain records and file reports as required by this chapter or shall have a campaign committee for the purposes of maintaining records and filing reports as required by this chapter. Every campaign committee shall have a chairperson and a treasurer, except that the candidate may serve as the chairperson and treasurer. Before a campaign committee accepts contributions, the name and address of the 1556 WEDNESDAY, MARCH 17, 2004 1551 chairperson and treasurer shall be filed with the Secretary of State commission. When a candidate has been elected to public office, the registration of that candidates campaign committee with the Secretary of State commission shall remain in effect so long as the candidate remains in office until and unless: (1) the registration is canceled by the campaign committee or the candidate; or (2) a new campaign committee for that candidate is registered with the Secretary of State commission. The same person may serve as chairperson and treasurer. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of chairperson or treasurer of the campaign committee." "(g) Neither a candidate who is not a public officer nor his or her campaign committee may lawfully accept a campaign contribution until the candidate has filed with the Secretary of State commission or appropriate local filing officer a declaration of intention to accept campaign contributions which shall include the name and address of the candidate and the names and addresses of his or her campaign committee officers, if any." SECTION 2. Said chapter is further amended by striking in its entirety Code Section 21-5-34, relating to disclosure reports, and inserting in lieu thereof the following: "21-5-34. (a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office except county and municipal offices or the General Assembly and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referendum shall sign and file with the Secretary of State commission the required campaign contribution disclosure reports. A candidate for membership in the General Assembly or the chairperson or treasurer of such candidates campaign committee shall file such candidates reports with the Secretary of State commission and a copy thereof with the election superintendent of the county of such candidates residence. (B) The chairperson or treasurer of each independent committee as defined in Code Section 21-5-3 shall file the required disclosure reports with the Secretary of State commission. (2)(A) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a campaign contribution disclosure report as prescribed by this chapter; provided, however, that such report shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All 1557 1552 JOURNAL OF THE SENATE advertising pertaining to referendums must identify the principal officer of such campaign committee by listing or stating the name and title of the principal officer. (B) If a campaign committee is required to file a report under subparagraph (A) of this paragraph, such report shall be filed with the election superintendent of the county in the case of a county election or with the municipal clerk in the case of a municipal election. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the year in which the election is held. (3) A candidate for county office or the chairperson or treasurer of such candidates campaign committee shall sign and file the required campaign contribution disclosure reports with the election superintendent in the respective county of election. (4) A candidate for municipal office or such candidates campaign committee shall file the reports with the municipal clerk in the respective municipality of election or, if there is no clerk, with the chief executive officer of the municipality. (b)(1) All reports shall list the following: (A) The amount and date of receipt, along with the name, mailing address, occupation, and employer of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events coordinated for the purpose of raising campaign contributions for the reporting candidate; (B) The name and mailing address and occupation or place of employment of any person to whom an expenditure of $101.00 or more is made and the amount, date, and general purpose of such expenditure; (C) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship; (D) Total contributions received and total expenditures made as follows: (i) Contributions and expenditures shall be reported for the applicable reporting cycle; (ii) A reporting cycle shall commence on January 1 of the year in which an election is to be held for the public office to which a candidate seeks election and shall conclude: (I) At the expiration of the term of office if such candidate is elected and does not seek reelection or election to some other office; (II) On December 31 of the year in which such election was held if such candidate is unsuccessful; or (III) If such candidate is successful and seeks reelection or seeks election to some other office the current reporting cycle shall end when the reporting cycle for reelection or for some other office begins; 1558 WEDNESDAY, MARCH 17, 2004 1553 (iii) The first report of a reporting cycle shall list the net balance on hand brought forward from the previous reporting cycle, if any, and the total contributions received during the period covered by the report; (iv) Subsequent reports shall list the total contributions received during the period covered by the report and the cumulative total of contributions received during the reporting cycle; (v) The first report of a reporting cycle shall list the total expenditures made during the period covered by the report; (vi) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting cycle, and net balance on hand; and (vii) If a public officer seeks reelection to the same public office, the net balance on hand at the end of the current reporting cycle shall be carried forward to the first report of the applicable new reporting cycle; and (E) The corporate, labor union, or other affiliation of any political action committee or independent committee making a contribution of $101.00 or more. (2) Each report shall be in such form as will allow for the separate identification of a contribution or contributions which are less than $101.00 but which become reportable due to the receipt of an additional contribution or contributions which when combined with such previously received contribution or contributions cumulatively exceed $101.00. (c) Candidates or campaign committees which accept contributions, make expenditures designed to bring about the nomination or election of a candidate, or have filed a declaration of intention to accept campaign contributions pursuant to subsection (g) of Code Section 21-5-30 shall file campaign contribution disclosure reports in compliance with the following schedule: (1) In each nonelection year on June 30 and December 31; (2) In each year in which the candidate qualifies to run for public office: (A) On March 31, June 30, September 30, October 25, and December 31; (B) Six days before any run-off primary or election in which the candidate is listed on the ballot; and (C) During the period of time between the last report due prior to the date of any state-wide primary or state-wide election for which the candidate is qualified and the date of such primary or election, all contributions of $1,000.00 or more must be reported within 48 hours of receipt to the location where the original disclosure report for such candidate or committee was filed and also reported on the next succeeding regularly scheduled campaign contribution disclosure report; (3) If the candidate is candidate in a special primary or special primary runoff, 15 days prior to the special primary and six days prior to the special primary runoff; and (4) If the candidate is candidate in a special election or special election runoff, 15 days prior to the special election and six days prior to the special election runoff. All persons or entities required to file reports shall have a five-day grace period in filing the required reports, except that the grace period shall be two days for required reports 1559 1554 JOURNAL OF THE SENATE prior to run-off primaries or run-off elections, and no grace period shall apply to contributions required to be reported within 48 hours. The mailing of such reports by United States mail with adequate postage affixed, within the required filing time as determined by the official United States postage date cancellation, shall be prima-facie evidence of filing but reports required to be filed within 48 hours of a contribution must also be reported by facsimile, electronic transmission, or otherwise within those 48 hours to the location where the original disclosure report for such candidate or committee was filed. A report or statement required to be filed by this Code section other than a report of contributions required to be reported within 48 hours shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calendar year of the election shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported. (d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution of $101.00 or more, such candidate shall only be required to make the initial and final report as required under this chapter. (e) Any person who makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates, and any independent committee, shall file a registration with the Secretary of State commission in the same manner as is required of campaign committees prior to accepting or making contributions or expenditures. Such persons, other than independent committees, shall also file campaign contribution disclosure reports in the same places and at the same times as required of the candidates they are supporting. The following persons shall be exempt from the foregoing registration and reporting requirements: (1) Individuals making aggregate contributions of $25,000.00 or less directly to candidates or the candidates campaign committees in one calendar year; and (2) Persons other than individuals making aggregate contributions and expenditures to or on behalf of candidates of $5,000.00 or less in one calendar year. (f)(1) Any independent committee which accepts contributions or makes expenditures for the purpose of affecting the outcome of an election or advocates the election or defeat of any candidate shall file disclosure reports with the Secretary of State commission as follows: (A) on the first day of each of the two calendar months preceding any such election; (B) two weeks prior to the date of such election; and (C) within the two-week period prior to the date of such election the independent committee shall report within 48 hours any contributions or expenditure of more than $1,000.00. The independent committee shall file a final report prior to December 31 of the year in which the election is held and shall file supplemental reports on June 30 and December 31 of each year that such independent committee continues to accept contributions or make expenditures. (2) Reports filed by independent committees shall list the following: (A) The amount and date of receipt, along with the name, mailing address, 1560 WEDNESDAY, MARCH 17, 2004 1555 occupation, and employer of any person making a contribution of $101.00 or more; (B) The name, mailing address, occupation, and employer of any person to whom an expenditure or provision of goods or services of the value of $101.00 or more is made and the amount, date, and general purpose thereof, including the name of the candidate or candidates, if any, on behalf of whom, or in support of or in opposition to whom, the expenditure or provision was made; (C) Total expenditures made as follows: (i) Expenditures shall be reported for the applicable reporting year; (ii) The first report of a reporting year shall list the total expenditures made during the period covered by the report; and (iii) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting year, and net balance on hand; and (D) The corporate, labor union, or other affiliation of any political action committee, candidate, campaign committee, or independent committee making a contribution of the value of $101.00 or more. (3) Whenever any independent committee makes an expenditure for the purpose of financing any communication intended to affect the outcome of an election, such communication shall clearly state that it has been financed by such independent committee. (g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer shall file campaign contribution disclosure reports with the Secretary of State commission as follows: (1) An initial report shall be filed within 15 days after the date when the official recall petition forms were issued to the sponsors; (2) A second report shall be filed 45 days after the filing of the initial report; (3) A third report shall be filed within 20 days after the election superintendent certifies legal sufficiency or insufficiency of a recall petition; (4) A final report shall be filed prior to December 31 of the year in which the recall election is held or, in any case where such recall election is not held, a final report shall be filed prior to December 31 of any year in which such campaign committee accepts such contributions or makes such expenditures; and (5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the election superintendent in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality. Each filing officer shall forward a copy of the reporting forms required by this Code section to each candidate or public officer holding elective office required to file such report within a reasonable time prior to each filing. (h) Any campaign committee which accepts contributions or makes expenditures 1561 1556 JOURNAL OF THE SENATE designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign contribution disclosure report with the Secretary of State commission 75, 45, and 15 days prior to the date of the election and shall file a final report prior to December 31 of the year in which the election is held. (i) In any county in which the county board of elections does not maintain an office open to the public during normal business hours for five days a week, the reports required by this Code section shall be filed in the office of the judge of the probate court of that county. (j)(1) Any person elected to a public office who is required to file campaign contribution disclosure reports pursuant to this article shall, upon leaving public office with excess contributions, be required to file supplemental campaign contribution disclosure reports on June 30 and December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. (2) Any person who is an unsuccessful candidate in an election and who is required to file campaign contribution disclosure reports pursuant to this article shall, upon having excess contributions from such campaign, be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. Any unsuccessful candidate in an election who is required to file campaign contribution disclosure reports pursuant to this article and who receives contributions following such election to retire debts incurred in such campaign for elective office shall be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such unpaid expenditures from such campaign are satisfied. (k) Notwithstanding any other provision of this chapter to the contrary, soil and water conservation district supervisors elected pursuant to Article 2 of Chapter 6 of Title 2, the 'Soil and Water Conservation Districts Law,' shall not be required to file campaign contribution disclosure reports under this Code section. (l) In addition to other penalties provided under this chapter, an additional filing fee of $25.00 shall be imposed for each report that is filed late. In addition, a filing fee of $50.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed; provided, however, a 15 day extension period shall be granted on the final report." SECTION 3. Said chapter is further amended by striking in its entirety Code Section 21-5-34.1, relating to filing campaign contribution disclosure reports electronically, and inserting in lieu thereof the following: "21-5-34.1. (a) Beginning February 1, 2001, candidates seeking election to constitutional offices, the Supreme Court, the Court of Appeals, and the Public Service Commission shall use 1562 WEDNESDAY, MARCH 17, 2004 1557 electronic means to file their campaign contribution disclosure reports with the Secretary of State commission upon having raised or spent a minimum of $20,000.00 in an election cycle. Under that threshold, electronic filing is permitted and encouraged but not required. (b) Beginning January 1, 2003, candidates seeking election to the General Assembly, superior courts, and the office of district attorney shall use electronic means to file their campaign contribution disclosure reports with the Secretary of State commission, as specified in Code Section 21-5-34, upon having raised or spent a minimum of $10,000.00 in an election cycle, but contributions and expenditures received or made prior to reaching such threshold need not be electronically filed if previously reported, except as cumulative totals. Under that threshold, electronic filing is permitted and encouraged but not required. (c) Beginning January 1, 2003, candidates seeking election to county or municipal offices shall use electronic means to file their campaign contribution disclosure reports with the election superintendent of their county or the municipal clerk or chief executive officer of their municipality, as specified in Code Section 21-5-34, upon having raised or spent a minimum of $10,000.00 in an election cycle, but contributions and expenditures received or made prior to reaching such threshold need not be electronically filed if previously reported, except as cumulative totals. Under that threshold, electronic filing is permitted and encouraged but not required. (d) Beginning January 1, 2003, political action committees, independent committees, and any persons otherwise required by this article to file campaign contribution disclosure reports shall use electronic means to file such reports with the Secretary of State commission upon having raised or spent $5,000.00 in a calendar year. Under that threshold, electronic filing is permitted and encouraged but not required. (e) When campaign contribution disclosure reports are filed electronically as provided in subsections (a) through (d) of this Code section, the original report shall be filed at the same location. (f) No funds raised or spent prior to the implementation date of electronic filing shall be counted toward the appropriate threshold. (g) The commission is authorized to promulgate rules and regulations to implement this Code section." SECTION 4. Said chapter is further amended by striking in its entirety Code Section 21-5-50, relating to filing by public officers and filing by candidates for public office, and inserting in lieu thereof the following: "21-5-50. (a)(1) Except as modified in subsection (c) of this Code section with respect to candidates for state-wide elected public office, each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State commission not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year 1563 1558 JOURNAL OF THE SENATE in which an election is held for such public office, a financial disclosure statement for the preceding calendar year; and each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State commission, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (2) Each public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election of such public officer, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (3) Each public officer, as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (4) The filing officer shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter. (5) A public officer shall not, however, be required to file such a financial disclosure statement for the preceding calendar year in a year in which there occurs qualifying for election to succeed such public officer, if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this subsection, a public officer shall not be deemed to hold office in a year in which the public officer holds office for less than 15 days. (b) A financial disclosure statement shall be in the form specified by the commission and shall identify: (1) Each monetary fee or honorarium of $101.00 or less which is accepted by a public officer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer, with a statement identifying the fee or honorarium accepted and the person from whom it was accepted; 1564 WEDNESDAY, MARCH 17, 2004 1559 (2) All fiduciary positions held by the candidate for public office or the public officer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity; (3) The name, address, and principal activity of any business entity and the office held by and the duties of the candidate for public office or public officer within such business entity as of December 31 of the covered year in which such candidate or officer has a direct ownership interest which interest: (A) Is more than 10 percent of the total interests in such business; or (B) Has a net fair market value of more than $20,000.00; (4) Each tract of real property in which the candidate for public office or public officer has a direct ownership interest as of December 31 of the covered year when that interest has a net fair market value in excess of $20,000.00. As used in this paragraph, the term 'net fair market' value means the appraised value of the property for ad valorem tax purposes less any indebtedness thereon. The disclosure shall contain the county and state and general location therein where the property is located; (5) All annual payments in excess of $20,000.00 received by the public officer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments; and (6) No form prescribed by the commission shall require more information or specify more than provided in the several paragraphs of this Code section with respect to what is required to be disclosed. (c)(1) Each person who qualifies with a political party as a candidate for party nomination to a public office elected state wide (including an incumbent public officer elected state wide qualifying to succeed himself) shall file with the Secretary of State commission, not later than seven days after so qualifying, a financial disclosure statement. Each person who qualifies as a candidate for election to a public office elected state wide through a nomination petition or convention shall likewise file a financial disclosure statement not later than seven days after filing his notice of candidacy. Such financial disclosure statement shall comply with the requirements of subsections (a) and (b) of this Code section and shall in addition identify, for the preceding five calendar years: (A) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate (whether for himself or on behalf of any business) or any business in which such candidate or any member of his family has a substantial interest or is an officer of such business has transacted business with the government of the State of Georgia, the government of any political subdivision of the State of Georgia, or any agency of any such government; and (B) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate or any business in which such candidate or any 1565 1560 JOURNAL OF THE SENATE member of his family has a substantial interest or is an officer of such business received any income of any nature from any person who was at the time of such receipt of income represented by a lobbyist registered with the commission pursuant to Article 4 of this chapter. (2) The financial disclosure statement required by paragraph (1) of this subsection shall include an itemized list of the transactions required to be reported, including the date of, dollar amount of, and parties to each such transaction. However, with respect to any transactions of a privileged nature only the total amount of such transactions shall be required to be reported, and names, dates, amounts of individual transactions, and other identifying data may be omitted; and for this purpose 'transactions of a privileged nature' shall include transactions between attorney and client, transactions between psychiatrist and patient, transactions between physician and patient, and any other transactions which are by law of a similar privileged and confidential nature. (3) The financial disclosure statement required by paragraph (1) of this subsection shall be accompanied by a financial statement of the candidates financial affairs for the calendar year prior to the year in which the election is held and the first quarter of the calendar year in which the election is held. (4)(A) As used in this subsection, the term: (i) 'Agency' means any agency, authority, department, board, bureau, commission, committee, office, or instrumentality of the State of Georgia or any political subdivision of the State of Georgia. (ii) 'Financial statement' means a statement of a candidates financial affairs in a form substantially equivalent to the short form financial statement required for bank directors under the rules of the Department of Banking and Finance. (iii) 'Substantial interest' means the direct or indirect ownership of 10 percent or more of the assets or stock of any business. (B) As used in this subsection, the term: (i) 'Member of the family' includes the candidates spouse and dependent children; and (ii) 'Person' and 'transact business' shall have the meanings specified in Code Section 45-10-20. (5) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for nomination or election to public office until after the filing date otherwise applicable, such person shall make the filings required by this subsection within seven days after so qualifying." SECTION 5. This Act shall become effective on January 10, 2005, and any report required to be filed by Chapter 5 of Title 21 on or after January 10, 2005, shall be filed with the State Ethics Commission. 1566 WEDNESDAY, MARCH 17, 2004 1561 SECTION 6. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 39, 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 Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Lee Y Levetan Y Me V Bremen Y Moody N Mullis Y Price Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Starr Y Stephens Y Stokes Tanksley Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 45, nays 2. SB 144, having received the requisite constitutional majority, was passed by substitute. SB 350. By Senators Lamutt of the 21st, Zamarripa of the 36th, Shafer of the 48th and Stephens of the 51st: A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide definitions; to provide for confirmation and expedited processing of claims filed by electronic means by providers; to establish mechanics for the processing of health care claims submitted by 1567 1562 JOURNAL OF THE SENATE providers; to establish standards for the processing of health care claims submitted by providers to health care insurers; to provide for the reporting of health care insurer compliance with such standards; to provide for fines against health insurers who fail to meet standards of timely payment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Insurance and Labor Committee offered the following amendment: Amend SB 350 by striking line 1 of page 1 through line 25 of page 6 and inserting in lieu thereof the following: "To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide time periods for processing claims under health benefit plans; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by striking Code Section 33-24-59.5, relating to timely payment of health benefits, and inserting in lieu thereof a new Code Section 33-24-59.5 to read as follows: '33-24-59.5. (a) As used in this Code section, the term: (1) "Benefits" means the coverages provided by a health benefit plan for financing or delivery of health care goods or services; but such term does not include capitated payment arrangements under managed care plans. (2) "Health benefit plan" means any hospital or medical insurance policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, health maintenance organization subscriber contract, any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45, or any dental or vision care plan or policy, or managed care plan; but health benefit plan does not include policies issued in accordance with Chapter 31 of this title; disability income policies; or Chapter 9 of Title 34, relating to workers compensation. (3) "Insurer" means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, provider sponsored health care corporation, or any similar entity and any self-insured health benefit plan not subject to the exclusive jurisdiction of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq., which entity provides for the financing or delivery of health care services through a health benefit plan, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45. 1568 WEDNESDAY, MARCH 17, 2004 1563 (b)(1) All benefits under a health benefit plan will be payable by the insurer which is obligated to finance or deliver health care services under that plan upon such insurers receipt of written proof of loss or claim for payment for health care goods or services provided. The insurer shall, within 15 working days after such receipt of an electronic claim and within 30 working days after receipt of a paper claim, mail to the insured or other person claiming payments under the plan payment for such benefits or a letter or notice which states the reasons the insurer may have for failing to pay the claim, either in whole or in part, and which also gives the person so notified a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. Where the insurer disputes a portion of the claim, any undisputed portion of the claim shall be paid by the insurer in accordance with this chapter. When all of the listed documents or other information needed to process the claim have been received by the insurer, the insurer shall then have 15 working days within which to process and either mail payment for the claim or a letter or notice denying it, in whole or in part, giving the insured or other person claiming payments under the plan the insurers reasons for such denial. (2) Receipt of any proof, claim, or documentation by an entity which administrates or processes claims on behalf of an insurer shall be deemed receipt of the same by the insurer for purposes of this Code section. (c) Each insurer shall pay to the insured or other person claiming payments under the health benefit plan interest equal to 18 percent per annum on the proceeds or benefits due under the terms of such plan for failure to comply with subsection (b) of this Code section.' SECTION 2. This Act shall become effective on January 1, 2005." Senator Lamutt of the 21st offered the following amendment # 1: Amend the Senate Insurance and Labor Committee amendment to SB 350 by striking line 19 of page 1 and inserting in lieu thereof the following: "(2) 'Electronic claim' means a claim transmitted to the computer of an insurer or its agent by an insured or other person claiming payment or by his or her agent through electronic means using an electronic format prescribed by the HIPAA Transaction Standards Regulations. (3) 'Health benefit plan' means any hospital or medical insurance policy or certificate,". By striking line 26 of page 1 and inserting in lieu thereof the following: "(4) 'HIPAA Transaction Standards Regulations' means the regulations setting forth required data elements and electronic formats for certain health claims transactions promulgated by the federal Department of Health and Human Services under the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Section 1569 1564 JOURNAL OF THE SENATE 1320(d), et seq. (5) 'Insurer' means an accident and sickness insurer, fraternal benefit society, nonprofit". By inserting immediately following line 2 of page 2 the following: "(6) 'Paper claim' means a claim submitted to an insurer on forms meeting the requirements imposed by regulations adopted by the federal Centers for Medicare and Medicaid Services." By striking on line 11 of page 2 the word "needed" and inserting in lieu thereof the words "required under the health plan documentation". By striking on line 14 of page 2 the word "needed" and inserting in lieu thereof the words "required under the health plan documentation". On the adoption of the amendment, the yeas were 35, nays 0, and the Lamutt amendment # 1 was adopted. Senators Hall of the 22nd and Harp of the 16th offered the following amendment # 2: Amend the Committee amendment to SB 350 by adding a new Section (d) on page 2 as follows: (d) Any insured or other person or entity claiming payments under the health benefit plan shall have the right to bring an action at law or in equity against an insurer to enforce compliance with subsection (b) of this Code section. On the adoption of the amendment, the yeas were 27, nays 2, and the Hall, Harp amendment # 2 was adopted. Senator Thomas of the 54th offered the following amendment # 3: Amend the Committee amendment to SB 350 by striking on line 6 on page 2 the number "15" and inserting in lieu thereof the number "5" and; by striking on line 7 on page 2 the number "30" and insert in lieu thereof the number "15" and; by inserting immediately following line 15 on page two "for a paper claim and 5 days for an electronic claim". On the adoption of the amendment, the yeas were 26, nays 13, and the Thomas of the 54th amendment # 3 was adopted. 1570 WEDNESDAY, MARCH 17, 2004 1565 Senator Price of the 56th and Unterman of the 45th offered the following amendment # 4: Amend the Senate Insurance and Labor Committee amendment to SB 350 by inserting on line 6 of page 1, following the word and symbol "plans;", the following: "to provide that when an insured has obtained precertification for a service, the insurer shall be liable at the level prescribed by the health benefit plan;" By inserting on line 6 of page 2, following the word and symbol "provided.", the following: "Any other provision of law to the contrary notwithstanding, when an insured or other person claiming payment obtains precertification for any service, the insurer shall be liable for such precertified service at the reimbursement level prescribed by the health benefit plan." On the adoption of the amendment, the yeas were 37, nays 2, and the Price, Unterman amendment # 4 was adopted. On the adoption of the amendment, the yeas were 41, nays 1, and the committee amendment was adopted as amended. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Golden 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 Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams 1571 1566 JOURNAL OF THE SENATE Y Hall Y Hamrick Y Reed Y Seabaugh Y Zamarripa On the passage of the bill, the yeas were 51, nays 1. SB 350, having received the requisite constitutional majority, was passed as amended. SB 550. By Senators Kemp of the 46th and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state minimum standard codes for construction, so as to change the state minimum standard codes for construction; to revise definitions; to delete obsolete provisions; to revise provisions in accordance with new codes; to make editorial changes; to repeal conflicting laws; and for other purposes. The Senate Regulated Industries and Utilities Committee offered the following amendment: Amend SB 550 by striking line 33 of page 2 and inserting in lieu thereof the following: "(B)(9)(A)(i) On and after October 1, 1991, 'state minimum" On the adoption of the amendment, the yeas were 36, nays 0, and the committee amendment was adopted. Senator Butler of the 55th offered the following amendment to SB 550: By inserting between lines 22 and 23 of page 11 the following new section: "SECTION 9.1 Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, related buildings and standards of construction, is amended by adding a new section to read as follows: "8-2-32 (a) On and after July 1, 2004, every new dwelling and every new dwelling unit within an apartment building, house, condominium, townhouse, motel, hotel, or dormitory shall be equipped with a carbon monoxide detector or alarm which bears the label of a nationally recognized testing laboratory approved by the state fire marshal and which complies with the most recent Underwriters Laboratories Inc. (UL) Standard 2034 or its equivalent. (b)(1) The provisions of this Code section may be enforced by local building and fire code officials in the case of residential buildings which are not covered by Code Section 1572 WEDNESDAY, MARCH 17, 2004 1567 25-2-13; provided, however, that this Code section shall not establish a special duty on said officials to inspect such residential facilities for compliance with this Code section; provided, further, that inspections shall not be conducted for the purpose of determining compliance with this Code section absent reasonable cause to suspect other building or fire code violations. The jurisdiction enforcing this Code section shall retain any fines collected pursuant to this subsection. (2) Any occupant who fails to maintain a carbon monoxide detector or alarm in a dwelling, dwelling unit, or other facility listed in subsection (a) of this Code section in good working order as required in this Code section shall be subject to a maximum fine of $25.00, provided that a warning shall be issued for a first violation. (c) Failure to maintain a carbon monoxide detector in good working order in a dwelling, dwelling unit, or other facility listed in subsection (a) of this Code section in violation of this Code section shall not be considered evidence of negligence, shall not be considered by the court on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or occupancy of such dwelling, dwelling unit, or other facility listed in subsection (a) of this Code section." Senator Kemp of the 46th requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the amendment germane. Senator Kemp of the 46th appealed the ruling of the Chair. The President deferred to the Senate Parliamentarian, President Pro Tempore Johnson of the 1st. The Senate Parliamentarian ruled the amendment not germane. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen N Brown Y Brush Y Bulloch Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson N Seay Y Shafer N Smith,F Y Smith,P E Squires N Starr Y Stephens 1573 1568 JOURNAL OF THE SENATE N 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 Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh Y Stokes Tanksley N Tate Y Thomas,D N Thomas,N Y Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa On the passage of the bill, the yeas were 42, nays 10. SB 550, having received the requisite constitutional majority, was passed as amended. SB 588. By Senators Mullis of the 53rd, Johnson of the 1st, Smith of the 52nd, Thomas of the 54th, Hamrick of the 30th and others: A BILL to be entitled an Act to amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the state flag and the protection of public monuments honoring the military, so as to provide for the protection of privately owned monuments honoring past or present military personnel; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Tanksley Y Tate Y Thomas,D 1574 WEDNESDAY, MARCH 17, 2004 1569 Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. SB 588, having received the requisite constitutional majority, was passed. Senator Brush of the 24th asked unanimous consent that Senator Lee of the 29th be excused. The consent was granted, and Senator Lee was excused. SR 442. By Senator Price of the 56th: A RESOLUTION creating the Senate Study Committee on Georgia Safe Dams; the roles, responsibilities, and accountabilities of all parties involved; the funding and other resources necessary for safe dams; and for other purposes. The Senate Rules Committee offered the following amendment: Amend SR 442 by striking "ten" and inserting in its place "five" on line 19 of page 2. By striking "2003" and inserting in its place "2004" on lines 22 and 23 of page 2. On the adoption of the amendment, the yeas were 33, nays 0, and the committee amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Starr 1575 1570 JOURNAL OF THE SENATE 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 Jackson Johnson 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 Stephens Stokes Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Zamarripa On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. SR 461. By Senators Unterman of the 45th, Williams of the 19th, Price of the 56th and Thomas of the 54th: A RESOLUTION creating the Senate Medicaid Study Committee; and for other purposes. The Senate Rules Committee offered the following amendment: Amend SR 461 by striking "2003" and inserting in its place "2004" on lines 7 and 8 of page 2. On the adoption of the amendment, the yeas were 35, nays 0, and the committee amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Harbison Y Harp Y Henson Y Hill Hooks Y Seay Y Shafer Y Smith,F Y Smith,P E Squires 1576 WEDNESDAY, MARCH 17, 2004 1571 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 Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt E Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh 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 Zamarripa On the adoption of the resolution, the yeas were 50, nays 1. The resolution, having received the requisite constitutional majority was adopted as amended. Senator Brush of the 24th asked unanimous consent that Senator Tolleson of the 18th be excused. The consent was granted, and Senator Tolleson was excused. SR 760. By Senators Kemp of the 46th, Zamarripa of the 36th, Tate of the 38th and Hamrick of the 30th: A RESOLUTION creating the Joint Early Learning Initiative Commission; 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 Y Brush Y Bulloch Y Butler Y Cagle Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Seay Y Shafer Y Smith,F Smith,P E Squires Y Starr Y Stephens Y Stokes Y Tanksley 1577 1572 JOURNAL OF THE SENATE Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Kemp,R Y Lamutt E Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson E Tolleson Y Unterman Y Williams Zamarripa On the adoption of the resolution, the yeas were 49, nays 0. SR 760, having received the requisite constitutional majority, was adopted. SR 863. By Senators Unterman of the 45th, Bulloch of the 11th, Tate of the 38th, Mullis of the 53rd, Reed of the 35th and others: A RESOLUTION urging the Board of Regents of the University System of Georgia and the Department of Education to work together to find incentives and create avenues to encourage student participation as poll workers; 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 Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt E Lee Y Levetan Y Me V Bremen Y Moody Y Seay Y Shafer Y Smith,F Smith,P E Squires Starr Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson E Tolleson 1578 WEDNESDAY, MARCH 17, 2004 1573 Y Gillis Golden Y Hall Y Hamrick Y Mullis Y Price Y Reed Y Seabaugh Y Unterman Williams Y Zamarripa On the adoption of the resolution, the yeas were 47, nays 0. SR 863, having received the requisite constitutional majority, was adopted. Senator Tanksley of the 32nd asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused. SR 827. By Senators Cagle of the 49th, Hudgens of the 47th, Lamutt of the 21st and Price of the 56th: A RESOLUTION creating the Senate Study Committee on the Effects of Illegal Immigration; and for other purposes. The Senate Rules Committee offered the following amendment: Amend SR 827 by striking line 12 of page 1 and inserting in its place the following: "of the Senate to be appointed by the committee on assignments. At the first organizational". On the adoption of the amendment, the yeas were 44, nays 3, and the committee amendment was adopted. Senator Zamarripa of the 36th offered the following amendment # 1: Amend SR 827 (LC 33 0328), as amended by the Senate Rules Committee (AM 9 0837), by adding "Contributions and" before "Effects" on lines 1 and 11 of page 1. By inserting "and contributions to the overall economy" after "services" on line 4 of page 1. By inserting "and contributions" after "fiscal impacts" on line 5 of page 1 and ", state revenue and tax receipts, enhanced economic development," after "program" on line 6 of page 1. By inserting "and economic contributions" after "impact" on line 7 of page 1. By inserting "In order to provide additional expertise to the committee, there will be additional full members to the committee appointed as follows: a member of the 1579 1574 JOURNAL OF THE SENATE Governor's Latino Commission for a New Georgia, appointed by the Governor; and a member of the Georgia Hispanic Chamber of Commerce and the Mexican American Business Chamber, appointed by their respective chairs" before "At" on line 12 of page 1. By adding "and economic benefit" after "impact" on line 17 of page 1, "and state revenue and tax receipts" before "as" on line 18 of page 1, and "on all" before "of" on line 3 of page 2. Senator Clay of the 37th offered the following amendment # 1a: Amend Amendment #1 (AM 33 0113) to SR 827 by adding after the word "be" on line 8 the words "three additional" and deleting the words after "follows" on line 9 and inserting the following: "the Governor shall appoint one member of the Governor's Latino Commission, one member of the Georgia Hispanic Chamber of Commerce and one member from the Mexican American Business Chamber" On the adoption of the amendment, the yeas were 42, nays 1, and the Clay amendment # 1a was adopted. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman N Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler N Cagle N Cheeks Y Clay Y Collins Y Crotts Y Dean Fort N Gillis Y Golden Y Hall N Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks N Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R N Lamutt E Lee Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed Y Seabaugh Y Seay N Shafer Y Smith,F N Smith,P E Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Tolleson N Unterman Y Williams Y Zamarripa 1580 WEDNESDAY, MARCH 17, 2004 1575 On the adoption of the amendment, the yeas were 37, nays 14, and the Zamarripa amendment # 1 was adopted as amended. Senator Cagle of the 49th moved that SR 827 be placed on the Table. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks N Clay Y Collins Y Crotts N Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison N Harp Y Henson Y Hill N Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt E Lee Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer N Smith,F Y Smith,P E Squires N Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R E Thompson N Tolleson Y Unterman Y Williams Y Zamarripa On the motion, the yeas were 42, nays 9; the motion prevailed, and SR 827 was placed on the Table. 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. 1581 1576 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen Y Brown Brush Bulloch Y Butler Y Cagle Y Cheeks Clay Y Collins Y Crotts Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Williams Zamarripa On the passage of the bill, the yeas were 44, nays 0. SB 487, 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 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. The Senate State and Local Governmental Operations Committee offered the following substitute to SB 500: 1582 WEDNESDAY, MARCH 17, 2004 1577 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 require 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 21-2-379.1 of the Official Code of Georgia Annotated, relating to requirements for use of electronic recording voting systems, is amended by adding new paragraphs (6.1) and (6.2) to read as follows: "(6.1) It shall produce a permanent paper record with a manual audit capacity for such system which shall be available as an official record for any recount conducted under Code Section 21-2-495 or for any election challenge under Article 13 of this chapter involving any primary or election in which such system is used; (6.2) It shall provide the voter with an opportunity to review the permanent paper record after casting his or her vote on the system and to change his or her ballot or correct any error in such vote;". SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 21-2-379.10, relating to procedure for electors using DRE units, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) After the summary screen is displayed and the elector desires to make no further changes to his or her votes, the elector shall be notified that he or she is about to cast the ballot. The elector shall then press the appropriate button on the unit or location on the screen to actually cast his or her ballot. After pressing the appropriate button on the unit or location on the screen to cast the ballot, the electors vote shall be final and shall not be subsequently altered except as provided in this subsection. Upon the elector casting his or her vote on the unit, the unit shall produce for the electors review a permanent paper record of the electors votes cast. The elector shall then review such permanent paper record and, if such record is correct, shall deposit such record in a ballot box prior to leaving the enclosed space at the polling place. If the elector discovers an error or errors in the votes cast as shown on the permanent paper record, the elector shall advise the poll officers who shall take such steps as necessary to allow the elector to correct such error or errors. The permanent paper records shall be secured in locked ballot boxes at all times in a manner similar to paper ballots under this chapter 1583 1578 JOURNAL OF THE SENATE and such ballot boxes shall not be opened nor shall such ballots be counted unless and until required to be counted pursuant to a recount or an election contest proceeding." SECTION 3. Said chapter is further amended by adding a new Code Section 21-2-379.12 to read as follows: "21-2-379.12. Until the federal Elections Assistance Commission established pursuant to the federal Help America Vote Act of 2002, on or after the effective date of this Code section, adopts standards for printers attached or connected to direct recording electronic voting equipment and used for the purpose of providing permanent paper records with a manual audit capacity for the votes cast by each individual voter, no provision of this chapter nor any rule or regulation of the Secretary of State or the State Election Board shall prohibit the use of direct recording electronic voting equipment that utilizes such printers for such purpose that has not received certification for the use of such printers with such voting equipment in primaries and elections from an independent testing authority that tests and certifies voting equipment or other certifying body or entity." SECTION 4. This Act shall become effective on July 1, 2006. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senators Hooks of the 14th, Tanksley of the 32nd, Harbison of the 15th, Clay of the 37th, Thomas of the 10th, Starr of the 44th and Tate of the 38th offered the following amendment # 1: Amend the Senate State and Local Governmental Operations Committee substitute to SB 500 by inserting after "matters;" on line 6 on page 1 "to provide for a contingency;". By striking lines 16 through 28 on page 2 and inserting in lieu thereof the following: "Nothing in this Act shall be effective until such time as the federal Election Assistance Commission develops and adopts new voting equipment standards to govern the design of a voter verifiable paper record of a ballot for direct recording electronic voting systems and its use by all voters, including voters with disabilities, and until such time as the United States Congress appropriates adequate funds to pay for the addition of such voter verifiable paper record enhancement to Georgias direct recording electronic voting systems." Senator Price of the 56th offered the following amendment # 2: 1584 WEDNESDAY, MARCH 17, 2004 1579 Amend the Senate State and Local Governmental Operations Committee substitute to SB 500 by inserting "(a)" before "Until" on line 19 on page 2 and striking line 28 on page 2 and inserting in lieu thereof the following: "voting equipment or other certifying body or entity. (b) The Secretary of State shall test or cause to be tested and certify such printers in accordance with Code Section 21-2-379.2. In so doing, the Secretary of State shall have the authority to promulgate reasonable rules and regulations for the purpose of certifying such printers. (c) Printers that are regularly and routinely used in commercial applications such as automatic teller machines and similar devices for providing receipts to customers in everyday commercial transactions shall not require hardware testing. (d) When a direct recording electronic voting system has been previously approved by the Secretary of State, the improvement or change of such system through the addition or attachment of a printer to provide a permanent paper record with a manual audit capacity for the votes cast by each individual voter that does not impair the accuracy, efficiency, or capacity of the system shall not require a reexamination or reapproval of such system or of its kind; provided, however, that the Secretary of State may require the testing of the software associated with such printer and the interface between the direct recording electronic voting equipment and the printer.'" Senators Tate of the 38th and Thomas of the 10th offered the following amendment # 3: Amend the Senate State and Local Governmental Operations Committee substitute to SB 500 by striking lines 6 through 14 on page 2 and inserting in lieu thereof the following: "record of the electors votes cast. The unit shall produce the permanent paper record in a manner that will allow a full and complete review by the elector but shall not permit the elector to touch or tamper with the record or place the record in the actual physical possession of the elector. The elector shall then review such permanent paper record and, if such record is correct, shall cause the unit to deposit such record in a locked secure container. If the elector discovers an error or errors in the votes cast as shown on the permanent paper record, the elector shall advise the poll officers who shall take such steps as necessary to allow the elector to correct such error or errors. The permanent paper records shall be secured in such locked containers at all times and such containers shall not be opened nor shall such ballots be counted unless and until required to be counted pursuant to a recount or an election contest proceeding.'" Senator Tanksley of the 32nd moved that SB 500 be placed on the Table. Senator Price of the 56th objected. On the motion to table, a roll call was taken, and the vote was as follows: 1585 1580 JOURNAL OF THE SENATE Y Adelman N Balfour Y Blitch Y Bowen Y Brown N Brush N Bulloch Y Butler Cagle N Cheeks N Clay N Collins N Crotts E Dean Y Fort Y Gillis Y Golden N Hall N Hamrick Y Harbison N Harp Y Henson Y 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 Reed N Seabaugh Y Seay N Shafer Y Smith,F N Smith,P E Squires Y Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the motion, the yeas were 26, nays 26; the motion lost, and SB 500 was not placed on the Table. Senator Thomas of the 10th moved that the Senate reconsider its action in failing to Table SB 500. Senator Price of the 56th objected. On the motion, a roll call was taken, and the vote was as follows: Y Adelman N Balfour Y Blitch Y Bowen Y Brown N Brush Y Bulloch Y Butler N Cagle N Cheeks Clay N Collins N Crotts Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan Y Seay N Shafer Y Smith,F N Smith,P E Squires Y Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R 1586 WEDNESDAY, MARCH 17, 2004 1581 E Dean Y Fort Y Gillis Y Golden N Hall N Hamrick Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the motion, the yeas were 27, nays 26, and the motion to reconsider the motion to Table prevailed. On the adoption of the Hooks, et al. amendment # 1, the President ordered a roll call, and the vote was as follows: Y Adelman N Balfour Y Blitch Y Bowen Y Brown N Brush Y Bulloch Y Butler N Cagle N Cheeks Y Clay N Collins N Crotts E Dean Y Fort Y Gillis Y Golden N Hall N Hamrick Y Harbison N Harp Y Henson Y 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 E Squires Y Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 29, nays 25, and the Hooks, et al. amendment # 1 was adopted. On the adoption of the Price of the 56th amendment # 2, the yeas were 41, nays 2, and amendment # 2 was adopted. On the adoption of the Tate, Thomas of the 10th amendment # 3, the yeas were 37, nays 3, and amendment # 3 was adopted. 1587 1582 JOURNAL OF THE SENATE On the adoption of the substitute, the yeas were 44, nays 6, and the committee substitute was adopted as amended. Senator Zamarripa of the 36th moved that SB 500 be placed on the Table. Senator Price of the 56th objected. On the motion, a roll call was taken, and the vote was as follows: Y Adelman N Balfour Y Blitch N Bowen Y Brown Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts Y Dean Y Fort Y Gillis Y Golden N Hall N Hamrick Y Harbison N Harp Y Henson N Hill N 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 Reed N Seabaugh Y Seay N Shafer Y Smith,F N Smith,P E Squires Y Starr N Stephens Y Stokes N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the motion, the yeas were 22, nays 31; the motion lost, and SB 500 was not placed on the Table. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Blitch Y Bowen Y Brown Y Brush Y Harbison Y Harp Y Henson N Hill Y Hooks Y Hudgens Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr 1588 WEDNESDAY, MARCH 17, 2004 1583 Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins N Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 52, nays 3. SB 500, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1709. By Representatives Channell of the 77th, Parrish of the 102nd, Shaw of the 143rd, Orrock of the 51st and Parham of the 94th: A BILL 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 provide that nursing homes annually offer an influenza virus vaccine to all medicare and Medicaid eligible patients and private pay patients in their facilities; and for other purposes. 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. The Calendar was resumed. 1589 1584 JOURNAL OF THE SENATE SB 584. By Senators Unterman of the 45th, Adelman of the 42nd and Levetan of the 40th: A BILL to be entitled an Act to amend Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions concerning voluntary deductions from wages or salaries of state employees for the benefit of charitable organizations, so as to include as eligible charitable organizations federated charitable organizations with offices in this state that provide international health and welfare services; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Insurance and Labor Committee offered the following substitute to SB 584: A BILL TO BE ENTITLED AN ACT To amend Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions concerning voluntary deductions from wages or salaries of state employees for the benefit of charitable organizations, so as to include as eligible charitable organizations certain federated charitable organizations that provide international health and welfare services; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions concerning voluntary deductions from wages or salaries of state employees for the benefit of charitable organizations, is amended by striking subparagraph (B) of paragraph (3) and inserting in lieu thereof a new subparagraph (B) to read as follows: "(B) Provides direct and substantial services on a state-wide basis; is one of the federated charitable organizations that coordinates fund raising and allocations for at least five local charitable organizations in the various geographic areas in which employees are solicited; is a federation of at least five state-wide and local charitable organizations which are otherwise qualified under this article and which federation expends all funds collected under this article to serve Georgia residents and programs; or is a health, welfare, educational, or environmental restoration or conservation agency which is a member of a federated, nonsectarian, nonpolitical, eligible voluntary charitable organization subject to such rules and regulations as the board may prescribe; or is a federated charitable organization that provides direct and substantial health and welfare services internationally whose activities do not require a local presence or provision of local services, which is authorized and certified by the Secretary of State to transact business in Georgia, which has a 1590 WEDNESDAY, MARCH 17, 2004 1585 registered agent in Georgia, and which otherwise meets the criteria of this paragraph;". SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senators Unterman of the 45th and Adelman of the 42nd offered the following amendment: Amend the committee substitute to SB 584 by inserting on line 24, page 1 after "in Georgia," "which is compliant with the U.S. Office of Personnel Management's regulations (issued pursuant to the authority of 950 C.F.R. sections 201-202) for charities participating in the Combined Federal Campaign," On the adoption of the amendment, the yeas were 36, nays 0, and the Unterman, Adelman amendment was adopted. On the adoption of the substitute, the yeas were 30, nays 0, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Brown Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Harbison Y Harp Y Henson Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Seay Y Shafer Y Smith,F Y Smith,P E 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 1591 1586 JOURNAL OF THE SENATE Y Golden Y Hall Y Hamrick Y Price Y Reed Y Seabaugh Williams Y Zamarripa On the passage of the bill, the yeas were 49, nays 0. SB 584, having received the requisite constitutional majority, was passed by substitute. SB 595. By Senators Kemp of the 46th, Thompson of the 33rd, Thomas of the 54th, Price of the 56th, Hall of the 22nd and others: A BILL to be entitled an Act to amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, so as to provide that any health care provider, health care facility, or health care professional may create, maintain, transmit, receive, and store medical records in an electronic format; to provide conditions; to provide for legal rights and responsibilities; to provide for tangible copies of records; to provide for costs; to repeal conflicting laws; and for other purposes. Senators Kemp of the 46th, Thomas of the 54th and Thompson of the 33rd offered the following amendment # 1: Amend SB 595 by inserting "11 or" at the end of line 13 of page 1. Senator Kemp of the 46th asked unanimous consent that his amendment # 1 be withdrawn. The consent was granted, and the amendment was withdrawn. Senators Stokes of the 43rd, Zamarripa of the 36th and Harbison of the 15th offered amendment # 2 to SB 595 as follows: By inserting between lines 24 and 25 of page 2 a new section which states as follows: "SECTION 1.A. Chapter 33 of Title 31 is further amended by adding the following new code section: '31-33-9 There is created in the Department of Community Health the Office of Minority Health. The Office of Minority Health shall serve in an advisory capacity to the Governor, the General Assembly, and all other state agencies in matters relating to health issues affecting persons of minority races or ethnic groups. In particular, the office shall: (A) Collect all data, records, and other information necessary to analyze and identify healthcare trends, issues, and needs related to the health of persons of minority races or 1592 WEDNESDAY, MARCH 17, 2004 1587 ethnic groups; (B) Shall coordinate with health care providers, health care facilities, or health care professionals the recording and preservation of data, records, and other information necessary to address matters relating to health issues affecting persons of minority races or ethnic groups; (C) Raise awareness of specific minority group health issues; (D) Inform and engage in prevention and education activities relating to minority health issues; (E) Serve as a clearing-house for minority health information for purposes of planning and coordination; (F) Issue reports of the office's activities and findings; and (G) Develop and distribute a state comprehensive plan to address minority health issues.'" Senator Kemp of the 46th and Johnson of the 1st offered the following amendment # 2a: Amend Amendment #2 to SB 595 by the addition of a new subsection (H) to read as follows: (H) Become effective only upon the effective date of an appropriation of funds for the purposes of this Act as expressed in a line item making specific reference to the full funding of this Act in an appropriations Act enacted by the General Assembly. On the adoption of the amendment, the yeas were 28, nays 3, and the Kemp of the 46th, Johnson amendment # 2a was adopted. On the adoption of the amendment, Senator Stokes of the 43rd called for the yeas and nays; the call was sustained, and the vote was as follows: Y Adelman N Balfour Blitch Bowen Y Brown N Brush Y Bulloch Y Butler N Cagle Y Cheeks N Clay N Collins N Crotts Dean Y Fort Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson Y Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody Y Seay N Shafer Y Smith,F N Smith,P E Squires Y Starr N Stephens Y Stokes N Tanksley Y Tate N Thomas,D Thomas,N Y Thomas,R Y Thompson N Tolleson 1593 1588 JOURNAL OF THE SENATE Y Gillis Y Golden Y Hall N Hamrick Mullis Price Y Reed N Seabaugh N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 26, nays 23, and the Stokes, et al. amendment # 2 was adopted as amended. The following communication was received by the Secretary: I voted yes on SB 595 Amendment # 2. The machine did not register. /s/ Nathan Dean-31 Senators Kemp of the 46th, Thomas of the 54th and Thompson of the 33rd offered the following amendment # 3: Amend SB 595 by inserting "s 11 or" at the end of line 13 of page 1. On the adoption of the amendment, the yeas were 36, nays 0, and the Kemp of the 46th, et al. amendment # 3 was adopted. Senator Balfour of the 9th asked unanimous consent that SB 595 be placed on the Table. The consent was granted, and SB 595 was placed on the Table. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1558. By Representatives Lane of the 101st, Barnard of the 121st, Post 1 and Elrod of the 25th: A BILL to amend Code Section 27-3-17 of the Official Code of Georgia Annotated, relating to hunting deer with dogs, seasons, and permit requirements, so as to change certain provisions relating to permit requirements, types, applications, and fees; to provide for the effective date of certain administrative action against any permit; and for other purposes. 1594 WEDNESDAY, MARCH 17, 2004 1589 HB 1775. By Representatives Parrish of the 102nd, Royal of the 140th, Teper of the 42nd, Post 1, Wix of the 33rd, Post 1, Stephens of the 123rd and others: A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits for certain motion picture production investments; and for other purposes. The Calendar was resumed. SB 599. By Senator Price of the 56th: A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to bidding on public works, and Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to prohibit the state or a governmental entity contracting for public works construction from requiring a contractor, subcontractor, or material supplier or handler to become a party to any labor agreement as a condition of bidding, negotiating regarding bids, being awarded a contract, or working on a public works project; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort N Harbison Y Harp N 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 Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D Thomas,N N Thomas,R Y Thompson Y Tolleson 1595 1590 JOURNAL OF THE SENATE Y Gillis Y Golden Y Hall Y Hamrick Mullis Y Price N Reed Y Seabaugh Y Unterman Y Williams Zamarripa On the passage of the bill, the yeas were 41, nays 9. SB 599, having received the requisite constitutional majority, was passed. SB 603. By Senators Cagle of the 49th, Thompson of the 33rd and Bowen of the 13th: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for photographic speed-monitoring systems; to provide for definitions and operating requirements relative to such photographic speed-monitoring systems; to provide for a civil monetary penalty for violations; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Henson Y Hill Y Hooks 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 E Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Zamarripa 1596 WEDNESDAY, MARCH 17, 2004 1591 On the passage of the bill, the yeas were 48, nays 0. SB 603, having received the requisite constitutional majority, was passed. SB 604. By Senators Thomas of the 54th, Levetan of the 40th, Mullis of the 53rd and Price of the 56th: A BILL to be entitled an Act to amend Article 5 of Chapter 9 of Title 45 of the O.C.G.A., relating to insuring and indemnifying law enforcement officers, firefighters, prison guards, and publicly employed emergency medical technicians, so as to define certain terms; to provide that any emergency rescue or public safety worker who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty unless the contrary is shown by competent evidence; to provide for a verification that certain health related activities did not take place; to provide for immunizations; to provide for applicability; to repeal conflicting laws; and for other purposes. The Senate Insurance and Labor Committee offered the following substitute to SB 604: A BILL TO BE ENTITLED AN ACT To amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnifying law enforcement officers, firefighters, prison guards, and publicly employed emergency medical technicians, so as to define certain terms; to provide that any emergency rescue or public safety worker who suffers a condition or impairment of health that is caused by hepatitis, HIV, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty unless the contrary is shown by competent evidence; to provide for a verification that certain health related activities did not take place; to provide for immunizations; to provide for applicability to noncompulsory insurance; to provide for certain records and notices; to provide for preconditions for such presumption to become operative; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnifying law enforcement officers, firefighters, prison guards, and publicly employed emergency medical technicians, is amended by inserting at the end 1597 1592 JOURNAL OF THE SENATE thereof a new part to read as follows: "Part 3 45-9-108.1. As used in this part, the term: (1) 'Body fluids' means blood and body fluids containing visible blood and other body fluids to which universal precautions for prevention of occupational transmission of bloodborne pathogens, as established by the Centers for Disease Control and Prevention, apply. For purposes of potential transmission of meningococcal meningitis or tuberculosis, the term includes respiratory, salivary, and sinus fluids, including droplets, sputum, saliva, mucous, and other fluids through which infectious airborne organisms can be transmitted between persons. (2) 'Emergency rescue or public safety worker' means any person employed full time by the state or any political subdivision of the state as a firefighter, paramedic, emergency medical technician, law enforcement officer, or correctional officer who, in the course of employment, runs a high risk of occupational exposure to hepatitis, HIV, meningococcal meningitis, or tuberculosis and who is not employed elsewhere in a similar capacity. Such term does not include any person employed by a public hospital operated by the state or a political subdivision of the state or any authority thereof or any person employed by a subsidiary of any such hospital. (3) 'Hepatitis' means hepatitis A, hepatitis B, hepatitis non-A, hepatitis non-B, hepatitis C, or any other strain of hepatitis generally recognized by the medical community. (4) 'High risk of occupational exposure' means that risk that is incurred because a person subject to the provisions of this part, in performing the basic duties associated with his or her employment: (A) Provides emergency medical treatment in a setting other than a health care setting where there is a potential for transfer of body fluids between persons; (B) At the site of an accident, fire, or other rescue or public safety operation, or in an emergency rescue or public safety vehicle, handles body fluids in or out of containers or works with or otherwise handles needles or other sharp instruments exposed to body fluids; (C) Engages in the pursuit, apprehension, and arrest of law violators or suspected law violators and, in performing such duties, may be exposed to body fluids; or (D) Is responsible for the custody, and physical restraint when necessary, of prisoners or inmates within a prison, jail, or other criminal detention facility, while on work detail outside the facility, or while being transported and, in performing such duties, may be exposed to body fluids. (5) 'HIV' means any type of Human Immunodeficiency Virus, Human T-Cell Lymphotropic Virus Types III or IV, Lymphadenopathy Associated Virus Types I or II, AIDS Related Virus, or any other identified causative agent of AIDS. (6) 'Occupational exposure,' in the case of hepatitis, HIV, meningococcal meningitis, 1598 WEDNESDAY, MARCH 17, 2004 1593 or tuberculosis, means an exposure that occurs during the performance of job duties that may place a worker at risk of infection. 45-9-108.2. Any emergency rescue or public safety worker who suffers a condition or impairment of health that is caused by hepatitis, HIV, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty unless the contrary is shown by competent evidence; provided, however, that in order to be entitled to the presumption, the emergency rescue or public safety worker must verify by sworn declaration that, to the best of his or her knowledge and belief: (1) In the case of a medical condition caused by or derived from hepatitis or HIV, he or she has not: (A) Been exposed, outside the scope of his or her employment, through transfer of body fluids, to any person known to have sickness or medical conditions derived from hepatitis or HIV; (B) Had a transfusion of blood or blood components, other than a transfusion arising out of an accident or injury happening in connection with his or her present employment, or received any blood products for the treatment of a coagulation disorder since last undergoing medical tests for hepatitis or HIV, which tests failed to indicate the presence of hepatitis or HIV; (C) Engaged in unsafe sexual practices or other high-risk behavior, as identified by the Centers for Disease Control and Prevention or the Surgeon General of the United States, or had sexual relations with a person known to him or her to have engaged in such unsafe sexual practices or other high-risk behavior; or (D) Used intravenous drugs not prescribed by a physician; (2) In the case of meningococcal meningitis, in the ten days immediately preceding diagnosis, he or she was not exposed, outside the scope of his or her employment, to any person known to have meningococcal meningitis or known to be an asymptomatic carrier of the disease; and (3) In the case of tuberculosis, in the period of time since the workers last negative tuberculosis skin test, he or she has not been exposed, outside the scope of his or her employment, to any person known by him or her to have tuberculosis. 45-9-108.3. Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease for which a presumption is granted under this part, if medically indicated in the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the United States Public Health Service, an emergency rescue or public safety worker may be required by his or her employer to undergo the immunization or prophylaxis unless the workers physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the 1599 1594 JOURNAL OF THE SENATE workers health. Absent such written declaration, failure or refusal by an emergency rescue or public safety worker to undergo such immunization or prophylaxis disqualifies the worker from the benefits of the presumption. 45-9-108.4. This part does not apply to benefits payable under or granted in a noncompulsory policy of life insurance or disability insurance unless the insurer and insured have negotiated for such additional benefits to be included in the policy contract. However, the state or any political subdivision of the state may negotiate a policy contract for life and disability insurance which includes accidental death benefits or double indemnity coverage for any condition or impairment of health suffered by an emergency rescue or public safety worker, which condition or impairment is caused by a disease described in this part and results in total or partial disability or death. 45-9-108.5. The employing agency shall maintain a record of any known or reasonably suspected exposure of an emergency rescue or public safety worker in its employ to the diseases described in this part and shall immediately notify the employee of such exposure. An emergency rescue or public safety worker shall file an incident or accident report with his or her employer of each instance of known or suspected occupational exposure to hepatitis, HIV, meningococcal meningitis, or tuberculosis. 45-9-108.6. In order to be entitled to the presumption provided by this part: (1) An emergency rescue or public safety worker must, prior to diagnosis, have undergone standard, medically acceptable tests for evidence of the communicable disease for which the presumption is sought, or evidence of medical conditions derived therefrom, which tests fail to indicate the presence of infection. This paragraph does not apply in the case of meningococcal meningitis; and (2) On or after December 31, 2004, an emergency rescue or public safety worker may be required to undergo a preemployment physical examination that tests for and fails to reveal any evidence of hepatitis, HIV, or tuberculosis. 45-9-108.7. The presumption provided in this part shall apply throughout this Code; provided, however, that this part shall not change the provisions for determining eligibility for disability retirement benefits under any retirement or pension plan administered by the state or any political subdivision of the state." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. 1600 WEDNESDAY, MARCH 17, 2004 1595 On the adoption of the substitute, the yeas were 38, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. SB 604, having received the requisite constitutional majority, was passed by substitute. SB 608. By Senator Shafer of the 48th: A BILL to be entitled an Act to amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to provide for the use of national standards for quality certification in the grant, maintenance, denial, or revocation of certificates of authority to health maintenance organizations; to provide for related matters; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. 1601 1596 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. SB 608, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1258. By Representatives Ehrhart of the 28th and Bannister of the 70th, Post 1: A BILL 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; and for other purposes. 1602 WEDNESDAY, MARCH 17, 2004 1597 HB 1414. By Representatives Bannister of the 70th, Post 1, Parsons of the 29th, Mitchell of the 61st, Post 3, Heard of the 70th, Post 3, Massey of the 24th and others: A BILL to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds from the special purpose 1 percent sales and use tax, so as to require annual publication of certain audit information; and for other purposes. The Calendar was resumed. SB 561. By Senators Lamutt of the 21st, Shafer of the 48th, Harp of the 16th, Moody of the 27th, Zamarripa of the 36th and others: A BILL to be entitled an Act to amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, relating to electronic records and signatures, so as to provide for the acceptance of digital or electronic signatures for warranty deed by state agencies; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen Brown Y Brush Y Bulloch Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Seay Y Shafer Smith,F Y Smith,P E Squires Y Starr Stephens Y Stokes Tanksley Tate Y Thomas,D Thomas,N Thomas,R Y Thompson Y Tolleson Y Unterman 1603 1598 JOURNAL OF THE SENATE Y Golden Y Hall Y Hamrick Y Price Y Reed Y Seabaugh Y Williams Y Zamarripa On the passage of the bill, the yeas were 44, nays 0. SB 561, having received the requisite constitutional majority, was passed. SB 582. By Senators Meyer von Bremen of the 12th and Hooks of the 14th: A BILL to be entitled an Act to amend Chapter 18 of Title 31 of the Official Code of Georgia Annotated, relating to treatment and rehabilitation of spinal cord disabled and head-injured persons, so as to change certain provisions relating to registration and reporting procedures; to change certain provisions relating to duties of the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Tanksley Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Zamarripa On the passage of the bill, the yeas were 48, nays 0. 1604 WEDNESDAY, MARCH 17, 2004 1599 SB 582, having received the requisite constitutional majority, was passed. SR 321. By Senators Adelman of the 42nd, Hamrick of the 30th, Kemp of the 3rd, Tanksley of the 32nd and Hooks of the 14th: A RESOLUTION creating the Senate Study Committee on Preservation of Evidence from Criminal Cases; and for other purposes. The Senate Rules Committee offered the following amendment: Amend SR 321 by striking "two" and inserting in its place "three" both times it appears on line 12 of page 1. By striking lines 13 and 14 of page 1 and inserting in their place the following: "appointed by the President Pro Tempore. If an elected or appointed". by striking "of the Senate" and inserting in its place "Pro Tempore" on line 17 of page 1. On the adoption of the amendment, the yeas were 41, nays 0, and the committee amendment was adopted. Senator Adelman of the 42nd offered the following amendment: Amend SR 321 by striking on line 10 page 2 "2003" and inserting "2004" and striking on line 10 page 2 "2004" and inserting "2005" on line 13, page 2 "4" should be "5". On the adoption of the amendment, the yeas were 38, nays 1, and the Adelman amendment # 1 was adopted. The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Brown Y Brush Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr 1605 1600 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Reed Y Seabaugh 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 52, nays 0. SR 321, having received the requisite constitutional majority was adopted as amended. SB 516. By Senators Zamarripa of the 36th, Williams of the 19th, Johnson of the 1st, Brown of the 26th and Harbison of the 15th: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to provide that the authority shall implement a program to provide for the development and expansion of streetcar transportation and attendant economic and community development opportunities; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Transportation Committee offered the following substitute to SB 516: A BILL TO BE ENTITLED AN ACT To amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to provide that the Department of Transportation shall implement a program to provide for the development and expansion of streetcar transportation and attendant economic and community development opportunities; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1606 WEDNESDAY, MARCH 17, 2004 1601 This Act shall be known and may be cited as the "Georgia Community Streetcar Development and Revitalization Act." SECTION 2. Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended by adding a new Code Section 32-9-12 to read as follows: "32-9-12. (a) The department shall establish and implement a five-year grant program to provide assistance to local governmental authorities as well as a public-private project initiative for the capital, technical, and startup costs of development and expansion of streetcar transportation and attendant economic and community development opportunities. The five-year grant program will begin when funding becomes available for such purposes. The five-year grant program may be renewed at the end of each five-year period, consistent with the provisions of this Code section. (b) The department shall form a pilot program that will provide a state level flow through point for any available federal funding or other forms of financial and development sources and assistance for local, regional, and public-private streetcar projects, subject to guidance and approval by the Governor. (c) The department may consider the following factors in its selection of projects that will be implemented by this pilot program: (1) The project is ripe for development, construction, and operation; (2) The project application demonstrates strong local and private sector financial participation in the project; (3) The project will foster redevelopment opportunities adjacent to the streetcar line for which assistance is being sought; (4) The project requires the financial participation of the private owners of real property abutting the streetcar line, with the exception of owner occupied residential properties, for some of the capital costs of the project; (5) The project application demonstrates that development or redevelopment agreements are in place with respect to the project and land planning policies complimentary to the project have been adopted for land in close proximity to the streetcar line, including the availability of property zoned to accommodate mixed use development adjacent to the streetcar line; (6) The project application demonstrates either how redeveloping or new neighborhoods on vacant or underutilized land will be connected by the project to each other or to major attractors in the central city where the project will be carried out or how circulator or connector lines under the project will connect developed neighborhoods with one another or with the business district in the central city; (7) The project has demonstrated desirable levels of local financial or linking resources commitment, or both; (8) The project may include, and is encouraged to include, a public-private project initiative and organizational structure or sponsor; (9) The department shall coordinate with all appropriate metropolitan, regional, and 1607 1602 JOURNAL OF THE SENATE municipal planning and development agencies and local transit agencies where projects may be pursued and shall coordinate with the Georgia Regional Transportation Authority in the planning, development, funding, and implementation of various streetcar projects; and (10) Notwithstanding the above optional factors, in urban areas in which metropolitan planning organizations function, the department shall give high priority to projects drawn from adopted regional transportation plans and adopted transportation improvement programs. (d) In order to receive grant assistance under this Code section, a sponsor of a project must submit to the department an application that includes a detailed operating plan for the streetcar line for which such assistance is being sought, including the frequency of service, hours of operation, stop locations, and demonstration of the financial capacity of the sponsor to operate the streetcar line. (e) A project for which grant assistance may be provided under this Code section may include streetscaping, signalization modifications, and other modifications to the road system or other public rights of way on which the project is to be carried out; acquisition of streetcars; and project construction, design, and engineering. (f) As used in this Code section, the terms: (1) 'Local government authority' and 'state' have the same meanings as under Section 5302 of Title 49 of the United States Code. (2) 'Public-private project initiative' means a local or regional streetcar project which is proposed and advanced by a cooperative entity or sponsor that involves a combined public and private sector financing and development structure which includes not for profit entities. (3) 'Streetcar' includes, but is not limited to, a rail transit vehicle, including a modern, antique, or reproduction vehicle, that is designed to fit the scale and traffic patterns of neighborhoods through which it travels, is powered by electricity, and operates at lower speeds generally in existing rights of way through mixed traffic, with frequent stops." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Williams of the 19th and Zamarripa of the 36th offered the following amendment: Amend the committee substitute to SB 516 by insert line 24 after "Governor. The funding for such pilot and grant program shall be administered by the State Road and Tollway Authority. On the adoption of the amendment, the yeas were 42, nays 0, and the Williams, Zamarripa amendment was adopted. 1608 WEDNESDAY, MARCH 17, 2004 1603 On the adoption of the substitute, the yeas were 38, nays 0, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen 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 E Squires Y Starr Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. SB 516, having received the requisite constitutional majority, was passed by substitute. SR 878. By Senators Zamarripa of the 36th and Stephens of the 51st: A RESOLUTION urging the Department of Natural Resources and other agencies to examine and propose a hiking trail in Gilmer County to be named for President Jimmy Carter; 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: 1609 1604 JOURNAL OF THE SENATE Y Adelman Y Balfour Y Blitch Y Bowen Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 52, nays 0. SR 878, having received the requisite constitutional majority, was adopted. 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. 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 Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens N Jackson Y Johnson Y Seay N Shafer Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes 1610 WEDNESDAY, MARCH 17, 2004 1605 Y Cagle Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis N Golden Y Hall Y Hamrick Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Tanksley Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson N Tolleson Y Unterman N Williams Y Zamarripa On the adoption of the resolution, the yeas were 44, nays 5. SR 669, having received the requisite constitutional majority, was adopted. 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. 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 Crotts Y Dean Fort Y Gillis Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Levetan Y Me V Bremen Y Moody Y Mullis Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Y Tanksley Tate Y Thomas,D Thomas,N Thomas,R Y Thompson Y Tolleson Y Unterman 1611 1606 JOURNAL OF THE SENATE Y Golden Y Hall Y Hamrick Y Price Y Reed Y Seabaugh Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 49, nays 0. SR 632, having received the requisite constitutional majority, was adopted. The following House legislation was read the first time and referred to committee: HB 611. By Representative Campbell of the 39th: A BILL to amend Code Section 40-2-71 of the Official Code of Georgia Annotated, relating to disabled veteran license plates, so as to authorize the issuance of a license plate to a veteran for a vehicle which is owned by a trust if the veteran is the sole beneficiary, the trustee, and the donor of such trust; and for other purposes. Referred to the Public Safety and Homeland Security Committee. HB 712. By Representative Mobley of the 58th: A BILL to amend Chapters 3 and 4 of Title 20 of the Official Code of Georgia Annotated, relating respectively to postsecondary education and vocational, technical, and adult education, so as to provide that each publisher of a textbook shall provide an electronic format of such textbook as is available; and for other purposes. Referred to the Higher Education Committee. HB 1028. By Representative Powell of the 23rd: A BILL to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to create the Georgia Hospital Insurance Authority; to provide a short title; to provide for definitions; to provide for the members of the authority and their selection, service, and terms of office; and for other purposes. Referred to the Health and Human Services Committee. 1612 WEDNESDAY, MARCH 17, 2004 1607 HB 1035. By Representatives Harrell of the 54th, Reece of the 21st, Drenner of the 57th, Benfield of the 56th, Post 1, Manning of the 32nd and others: A BILL to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, so as to provide for a fine for leaving a child unattended in a passenger car; and for other purposes. Referred to the Public Safety and Homeland Security Committee. HB 1258. By Representatives Ehrhart of the 28th and Bannister of the 70th, Post 1: A BILL 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; and for other purposes. Referred to the Insurance and Labor Committee. HB 1322. By Representatives Fleming of the 79th, Bordeaux of the 125th, Oliver of the 56th, Post 2, Burmeister of the 96th, Douglas of the 73rd and others: A BILL to amend Code Section 15-11-103 of the Official Code of Georgia Annotated, relating to the placement of a child following a termination order, custodial authority, and review of placement, so as to change the time limit requirements for the review of an adoption petition; and for other purposes. Referred to the Judiciary Committee. HB 1384. By Representatives Sinkfield of the 50th, Jamieson of the 22nd, Manning of the 32nd, Marin of the 66th, Thomas of the 43rd, Post 1 and others: A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income exclusions and tax credits with respect to individual development accounts; to provide for procedures, conditions, and limitations; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for the comprehensive regulation of individual development accounts and programs; and for other purposes. Referred to the Finance Committee. 1613 1608 JOURNAL OF THE SENATE HB 1414. By Representatives Bannister of the 70th, Post 1, Parsons of the 29th, Mitchell of the 61st, Post 3, Heard of the 70th, Post 3, Massey of the 24th and others: A BILL to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds from the special purpose 1 percent sales and use tax, so as to require annual publication of certain audit information; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 1510. By Representatives Jamieson of the 22nd and Moraitakis of the 42nd, Post 4: A BILL to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," so as to change certain provisions regarding the creation of tax allocation districts; to change certain provisions regarding the allocation of certain tax allocation increments; to change certain provisions regarding the use of local general fund moneys with respect to tax allocation bonds; and for other purposes. Referred to the Finance Committee. HB 1558. By Representatives Lane of the 101st, Barnard of the 121st, Post 1 and Elrod of the 25th: A BILL to amend Code Section 27-3-17 of the Official Code of Georgia Annotated, relating to hunting deer with dogs, seasons, and permit requirements, so as to change certain provisions relating to permit requirements, types, applications, and fees; to provide for the effective date of certain administrative action against any permit; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 1567. By Representatives Greene of the 134th, Butler of the 88th, Post 1, Barnard of the 121st, Post 1, Buckner of the 109th and Reece of the 11th: A BILL to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for probation services by private entities and local governments; to change certain provisions relating to applicability of the state-wide probation system to counties establishing probation systems or entering into agreements for private probation services pursuant to Code Section 42-8-100; and for other purposes. Referred to the State Institutions and Property Committee. 1614 WEDNESDAY, MARCH 17, 2004 1609 HB 1617. By Representatives Moraitakis of the 42nd, Post 4, Thomas of the 43rd, Post 1, Ashe of the 42nd, Post 2 and Willard of the 40th: A BILL to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to provide for additional qualifications of a notary; to change certain provisions relating to the notary's application; to change certain provisions relating to fees of notaries; to change certain provisions relating to a notary's obligation to advise the clerk of superior court of certain changes in personal information; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees, so as to change the fee for issuing certificates of appointment and reappointment to notaries public; and for other purposes. Referred to the Judiciary Committee. HB 1709. By Representatives Channell of the 77th, Parrish of the 102nd, Shaw of the 143rd, Orrock of the 51st and Parham of the 94th: A BILL 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 provide that nursing homes annually offer an influenza virus vaccine to all medicare and Medicaid eligible patients and private pay patients in their facilities; and for other purposes. Referred to the Health and Human Services Committee. HB 1775. By Representatives Parrish of the 102nd, Royal of the 140th, Teper of the 42nd, Post 1, Wix of the 33rd, Post 1, Stephens of the 123rd and others: A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits for certain motion picture production investments; and for other purposes. Referred to the Finance Committee. The Calendar was resumed. SR 869. By Senators Levetan of the 40th and Henson of the 41st: A RESOLUTION designating the Judge Jim Weeks Intersection; and for other purposes. 1615 1610 JOURNAL OF THE SENATE The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Brown Brush Bulloch Y Butler Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Stephens Y Stokes Y Tanksley Tate Y Thomas,D Y Thomas,N Thomas,R Y Thompson Y Tolleson Unterman Williams Zamarripa On the adoption of the resolution, the yeas were 44, nays 0. SR 869, having received the requisite constitutional majority, was adopted. 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. 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: 1616 WEDNESDAY, MARCH 17, 2004 1611 Adelman Y Balfour Y Blitch Y Bowen Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Tanksley Y Tate Y Thomas,D Thomas,N Thomas,R Y Thompson Y Tolleson Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 0. SB 423, having received the requisite constitutional majority, was passed. 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. The Senate Ethics Committee offered the following substitute to SB 451: 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 1617 1612 JOURNAL OF THE SENATE SECTION 1. 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, is amended by adding to subsection (a) a new paragraph (13.2) to read as follows: "(13.2) Records that reveal the home address, the home telephone number, or the social security number of or insurance or medical information about employees of the Department of Human Resources, county departments of family and children services, or the Office of Child Support Enforcement; provided, however, that such information shall not be redacted from such records if the person or a person legally authorized to represent an entity requesting such records requests such information in writing and signs such request stating that such person or entity is gathering information as a representative of a news media organization for use in connection with news gathering and reporting;" SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 37, 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 Y Collins Y Crotts Y Dean Y Fort Harbison Y Harp Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Stephens Stokes Y Tanksley Tate Y Thomas,D Thomas,N Thomas,R Y Thompson Y Tolleson 1618 WEDNESDAY, MARCH 17, 2004 1613 Y Gillis Y Golden Y Hall Y Hamrick Y Mullis Y Price Y Reed Y Seabaugh Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 0. SB 451, having received the requisite constitutional majority, was passed by substitute. Senator Stephens of the 51st asked unanimous consent that the Secretary of the Senate be directed to first read House legislation coming to the Senate if the Senate is in recess, and that said legislation be assigned to the Senate Rules Committee. Senator Kemp of the 3rd objected. Senator Stephens of the 51st moved that the Secretary of the Senate be directed to first read House legislation coming to the Senate if the Senate is in recess, and that said legislation be assigned to the Senate Rules Committee. Senator Kemp of the 3rd objected. On the motion to instruct the Secretary, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Dean N Fort Gillis Y Golden Y Hall Y Hamrick N Harbison Harp Henson Y Hill N Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt Y Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh N Seay Y Shafer Smith,F Y Smith,P E Squires Starr Y Stephens N Stokes N Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa 1619 1614 JOURNAL OF THE SENATE On the motion, the yeas were 29, nays 20, the motion prevailed; and the Secretary was directed to first read House legislation coming to the Senate and assign said legislation to the Senate Rules Committee. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1704. By Representatives Shaw of the 143rd, Channell of the 77th and Parham of the 94th: A BILL to amend Code Section 31-5A-4 of the Official Code of Georgia Annotated, relating to powers, duties, functions, and responsibilities of the Department of Community Health, so as to provide for annual reports on the fiscal condition of the state program of health services for individuals pursuant to Title XIX of the Social Security Act; and for other purposes. The following House legislation was read the first time and referred to committee: HB 1704. By Representatives Shaw of the 143rd, Channell of the 77th and Parham of the 94th: A BILL to amend Code Section 31-5A-4 of the Official Code of Georgia Annotated, relating to powers, duties, functions, and responsibilities of the Department of Community Health, so as to provide for annual reports on the fiscal condition of the state program of health services for individuals pursuant to Title XIX of the Social Security Act; and for other purposes. Referred to the Health and Human Services Committee. The Calendar was resumed. SB 546. By Senators Stokes of the 43rd and Tate of the 38th: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide for availability of information in child welfare agencies relating to recall notices on unsafe child care products; to provide for related matters; to repeal conflicting laws; and for other purposes. 1620 WEDNESDAY, MARCH 17, 2004 1615 Senator Johnson of the 1st asked the Secretary to read Senate rules 20 and 70. Senator Johnson of the 1st moved that the Senate stand in recess until 12:00 midnight, then adjourn pursuant to HR 1575 until 9:00 a.m., Friday, March 19, 2004. Senator Balfour of the 9th moved the previous question. Senator Kemp of the 3rd objected. Senator Thompson of the 33rd moved to adjourn sine die. The President ruled the motion to adjourn sine die out of order. Senator Thompson of the 33rd withdrew his motion, and the previous question was ordered. On the motion for the previous question, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick N Harbison Harp Henson Y Hill N Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt Y Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh N Seay Y Shafer N Smith,F Y Smith,P E Squires Starr Y Stephens N Stokes Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa On the motion, the yeas were 31, nays 20, the motion prevailed; and the previous question was ordered. 1621 1616 JOURNAL OF THE SENATE On the motion to stand in recess and adjourn, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts N Dean N Fort N Gillis Y Golden Y Hall Y Hamrick N Harbison Harp Henson Y Hill N Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt Y Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh N Seay Y Shafer N Smith,F Y Smith,P E Squires N Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa On the motion to recess and adjourn, the yeas were 30, nays 23; the motion prevailed, and the President announced the Senate would stand in recess until 12:00 midnight, then adjourn until 9:00 a.m., Friday, March 19, 2004. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1746. By Representative Skipper of the 116th: A BILL to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to emergency telephone number "911" systems, so as to provide for the imposition and collection of monthly "911" charges for additional periods in those jurisdictions in which the local 1622 WEDNESDAY, MARCH 17, 2004 1617 governing bodies have created a joint authority or which have executed an intergovernmental contract for emergency "911" services; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1420. By Representatives Childers of the 13th, Post 1, Dodson of the 84th, Post 1, Skipper of the 116th, Smyre of the 111th, Buck of the 112th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may by general law provide a trust fund for the purpose of paying hospitals for uncompensated trauma care to victims of severe injury or trauma and make all provisions relating to such fund; to provide that the General Assembly may provide for a source of funding specifically designated for such fund, and that such fund shall not be subject to the lapsing provisions of the Constitution; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1047. By Representatives Hudson of the 95th, Purcell of the 122nd, McBee of the 74th, Houston of the 139th, Morris of the 120th and others: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate the practice of soil science; to provide for a short title; to provide for legislative purpose; to define certain terms; to provide for inapplicability; to provide for the State Board of Registration for Professional Soil Scientists; and for other purposes. HB 1105. By Representatives Sims of the 130th, Smith of the 129th, Post 2, Boggs of the 145th and Roberts of the 131st: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of wax or dies used directly in the manufacture of parts for military aircraft, watercraft, or vehicles; and for other purposes. 1623 1618 JOURNAL OF THE SENATE HB 1424. By Representatives Mobley of the 58th, Brooks of the 47th, Williams of the 128th, Drenner of the 57th, Beasley-Teague of the 48th, Post 2 and others: A BILL to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to protection of computer systems, so as to prohibit the transmission of unsolicited bulk e-mail; to provide penalties for violations; and for other purposes. HB 1428. By Representatives Westmoreland of the 86th, Smith of the 129th, Post 2, Rice of the 64th, Mosley of the 129th, Post 1, Coan of the 67th, Post 1 and others: A BILL to amend Code Section 20-2-690 of the Official Code of Georgia Annotated, relating to requirements for private schools and home study programs, so as to change certain qualifications of tutors in home study programs; and for other purposes. HB 1526. By Representatives Harbin of the 80th, Buckner of the 109th, Smith of the 110th, Walker of the 71st, Post 1 and Randall of the 107th: A BILL to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, so as to expand the childhood vaccination registry to include vaccination on all persons from birth through death; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 762. By Representatives Floyd of the 69th, Post 2, Marin of the 66th, Thomas Morgan of the 33rd, Post 2 and Thompson of the 69th, Post 1: A BILL to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to change certain provisions relating to removal of trade fixtures during term and when property is abandoned; to change certain provisions relating to judgment, writ of possession, landlord's liability for wrongful conduct, and distribution of funds paid into court; and for other purposes. 1624 WEDNESDAY, MARCH 17, 2004 1619 HB 1418. By Representatives Stephenson of the 60th, Post 1, Randall of the 107th, Mosby of the 59th, Post 3, Sinkfield of the 50th, Hugley of the 113th and others: A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, parental rights, and mental incompetency and dependency for juveniles, so as to change the jurisdiction of the juvenile court to include certain children under 18 years of age; to change definitions; to provide for jurisdiction as a court of inquiry regarding certain persons over 18 years of age; and for other purposes. HB 1702. By Representative Jenkins of the 93rd: A BILL to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for pardons and paroles, so as to provide for the State Board of Pardons and Paroles to confer police powers on their employees under certain circumstances; to allow certain employees to assist law enforcement or correctional officers under certain circumstances; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1168. By Representatives Rice of the 64th, Parham of the 94th, Keen of the 146th, Reece of the 21st, Brown of the 89th and others: A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain provisions relating to examination of applicants; to provide that licensed driver training schools may conduct road tests for applicants for drivers' licenses; to provide for approval by the department of driver training schools; to provide that it shall be a misdemeanor to a licensed driving instructor to falsely certify that an applicant has passed a road test; and for other purposes. HB 1539. By Representative Ashe of the 42nd, Post 2: A BILL to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing with respect to quality basic education, so as to change the manner and method of calculating 1625 1620 JOURNAL OF THE SENATE certain local share funds and equalization grants; to change certain provisions regarding the determination of enrollment by institutional programs; to change certain provisions relating to local five mill share funds; and for other purposes. HB 1568. By Representative Mitchell of the 61st, Post 3: A BILL to amend Code Section 37-2-6.1 of the Official Code of Georgia Annotated, relating to program director, staff, budget, facilities, powers and duties, and exemption from taxation of community service boards, so as to provide that no community service board shall employ any person who is receiving a retirement benefit from the Employees' Retirement System of Georgia except in compliance with the provisions of Code Section 47-2110; and for other purposes. HB 1656. By Representatives Joyce of the 2nd, Birdsong of the 104th, Royal of the 140th and Snow of the 1st: 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 exempt certain motor vehicles owned by persons who have been awarded the Medal of Honor from ad valorem taxation; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 653. By Representatives Rogers of the 15th, Smith of the 13th, Post 2, Buckner of the 82nd, Rynders of the 137th, O`Neal of the 117th and others: A BILL to amend Code Section 16-12-171 of the Official Code of Georgia Annotated, relating to prohibited acts related to sale or distribution to or purchase by minors of cigarettes and tobacco related objects, so as to prohibit possession of cigarettes of tobacco related objects by minors; and for other purposes. HB 1580. By Representatives Cooper of the 30th, Sinkfield of the 50th, Oliver of the 56th, Post 2, Campbell of the 39th, Lunsford of the 85th, Post 2 and others: A BILL to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as 1626 WEDNESDAY, MARCH 17, 2004 1621 to enact the "Foster Parents Bill of Rights"; to provide for a short title; to set out a list of rights for foster parents; to provide that such rights be taken into consideration in policies of the Division of Family and Children Services of the Department of Human Resources; and for other purposes. HB 1743. By Representatives Beasley-Teague of the 48th, Post 2, Anderson of the 100th and Powell of the 23rd: A BILL to amend Code Section 40-2-37 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles of state and political subdivisions, so as to provide for permanent license plates for motor vehicles owned by a municipality or political subdivision; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 484. By Representatives Jenkins of the 93rd, Boggs of the 145th and Mangham of the 62nd: A BILL to amend Code Section 17-5-54 of the Official Code of Georgia Annotated, relating to disposition of personal property in custody of a law enforcement agency, so as to change the provisions relating to the disposition of personal property in custody of a law enforcement agency; and for other purposes. HB 557. By Representatives Borders of the 142nd, Black of the 144th and Shaw of the 143rd: 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 provide that any person who was serving as a juvenile court judge on July 1, 2004, and who was not a member of any state or local retirement system or pension fund may become a member of the Georgia Judicial Retirement System; to provide that any such person may obtain up to five years of creditable service upon payment of the employer's and employee's contribution with interest; and for other purposes. 1627 1622 JOURNAL OF THE SENATE HB 1259. By Representatives Burmeister of the 96th, Smith of the 87th, Randall of the 107th, Rynders of the 137th, Manning of the 32nd and others: A BILL to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to require that the photographs of certain persons convicted of certain assaults and batteries involving family violence and stalking and aggravated stalking offenses shall be published in the legal organ of the county in which such person is convicted; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1653. By Representatives Smith of the 76th, Childers of the 13th, Post 1, Cummings of the 19th, Smith of the 13th, Post 2, Brown of the 89th and others: A BILL to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to change certain provisions relating to a definition of hearing impaired person and the Georgia Center for Hearing Impaired Persons; to create the Georgia Commission on the Hard of Hearing and provide for its members, powers, and duties; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolutions of the House: HR 1456. By Representative Birdsong of the 104th: A RESOLUTION honoring the memory of Chief J. A. Fountain and designating the "Chief J. A. Fountain Bridge"; and for other purposes. HR 1460. By Representatives Burkhalter of the 36th, Martin of the 37th, Jones of the 38th, Willard of the 40th and Campbell of the 39th: A RESOLUTION designating the Bob Fulton Memorial Highway; and for other purposes. HR 1469. By Representative Stokes of the 72nd: A RESOLUTION designating a section of Highway 81 from the Covington 1628 WEDNESDAY, MARCH 17, 2004 1623 city limit (Washington Street) north to Monticello Street as the Forest ''Preacher" Sawyer Memorial Parkway; and for other purposes. HR 1472. By Representative Sims of the 130th: A RESOLUTION designating the first bridge south of Willacoochee between Willacoochee and Lakeland on SR 135 South as the Johnny Wayne Spivey Bridge; and for other purposes. The following House legislation was read the first time and referred to committee: HB 484. By Representatives Jenkins of the 93rd, Boggs of the 145th and Mangham of the 62nd: A BILL to amend Code Section 17-5-54 of the Official Code of Georgia Annotated, relating to disposition of personal property in custody of a law enforcement agency, so as to change the provisions relating to the disposition of personal property in custody of a law enforcement agency; and for other purposes. Referred to the Rules Committee. HB 557. By Representatives Borders of the 142nd, Black of the 144th and Shaw of the 143rd: 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 provide that any person who was serving as a juvenile court judge on July 1, 2004, and who was not a member of any state or local retirement system or pension fund may become a member of the Georgia Judicial Retirement System; to provide that any such person may obtain up to five years of creditable service upon payment of the employer's and employee's contribution with interest; and for other purposes. Referred to the Rules Committee. HB 653. By Representatives Rogers of the 15th, Smith of the 13th, Post 2, Buckner of the 82nd, Rynders of the 137th, O`Neal of the 117th and others: A BILL to amend Code Section 16-12-171 of the Official Code of Georgia 1629 1624 JOURNAL OF THE SENATE Annotated, relating to prohibited acts related to sale or distribution to or purchase by minors of cigarettes and tobacco related objects, so as to prohibit possession of cigarettes of tobacco related objects by minors; and for other purposes. Referred to the Rules Committee. HB 762. By Representatives Floyd of the 69th, Post 2, Marin of the 66th, Thomas Morgan of the 33rd, Post 2 and Thompson of the 69th, Post 1: A BILL to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to change certain provisions relating to removal of trade fixtures during term and when property is abandoned; to change certain provisions relating to judgment, writ of possession, landlord's liability for wrongful conduct, and distribution of funds paid into court; and for other purposes. Referred to the Rules Committee. HB 1047. By Representatives Hudson of the 95th, Purcell of the 122nd, McBee of the 74th, Houston of the 139th, Morris of the 120th and others: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate the practice of soil science; to provide for a short title; to provide for legislative purpose; to define certain terms; to provide for inapplicability; to provide for the State Board of Registration for Professional Soil Scientists; and for other purposes. Referred to the Rules Committee. HB 1105. By Representatives Sims of the 130th, Smith of the 129th, Post 2, Boggs of the 145th and Roberts of the 131st: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of wax or dies used directly in the manufacture of parts for military aircraft, watercraft, or vehicles; and for other purposes. Referred to the Rules Committee. 1630 WEDNESDAY, MARCH 17, 2004 1625 HB 1168. By Representatives Rice of the 64th, Parham of the 94th, Keen of the 146th, Reece of the 21st, Brown of the 89th and others: A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain provisions relating to examination of applicants; to provide that licensed driver training schools may conduct road tests for applicants for drivers' licenses; to provide for approval by the department of driver training schools; to provide that it shall be a misdemeanor to a licensed driving instructor to falsely certify that an applicant has passed a road test; and for other purposes. Referred to the Rules Committee. HB 1259. By Representatives Burmeister of the 96th, Smith of the 87th, Randall of the 107th, Rynders of the 137th, Manning of the 32nd and others: A BILL to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to require that the photographs of certain persons convicted of certain assaults and batteries involving family violence and stalking and aggravated stalking offenses shall be published in the legal organ of the county in which such person is convicted; and for other purposes. Referred to the Rules Committee. HB 1418. By Representatives Stephenson of the 60th, Post 1, Randall of the 107th, Mosby of the 59th, Post 3, Sinkfield of the 50th, Hugley of the 113th and others: A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, parental rights, and mental incompetency and dependency for juveniles, so as to change the jurisdiction of the juvenile court to include certain children under 18 years of age; to change definitions; to provide for jurisdiction as a court of inquiry regarding certain persons over 18 years of age; and for other purposes. Referred to the Rules Committee. HB 1424. By Representatives Mobley of the 58th, Brooks of the 47th, Williams of the 128th, Drenner of the 57th, Beasley-Teague of the 48th, Post 2 and others: A BILL to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to protection of computer systems, so as to 1631 1626 JOURNAL OF THE SENATE prohibit the transmission of unsolicited bulk e-mail; to provide penalties for violations; and for other purposes. Referred to the Rules Committee. HB 1428. By Representatives Westmoreland of the 86th, Smith of the 129th, Post 2, Rice of the 64th, Mosley of the 129th, Post 1, Coan of the 67th, Post 1 and others: A BILL to amend Code Section 20-2-690 of the Official Code of Georgia Annotated, relating to requirements for private schools and home study programs, so as to change certain qualifications of tutors in home study programs; and for other purposes. Referred to the Rules Committee. HB 1526. By Representatives Harbin of the 80th, Buckner of the 109th, Smith of the 110th, Walker of the 71st, Post 1 and Randall of the 107th: A BILL to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, so as to expand the childhood vaccination registry to include vaccination on all persons from birth through death; and for other purposes. Referred to the Rules Committee. HB 1539. By Representative Ashe of the 42nd, Post 2: A BILL to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing with respect to quality basic education, so as to change the manner and method of calculating certain local share funds and equalization grants; to change certain provisions regarding the determination of enrollment by institutional programs; to change certain provisions relating to local five mill share funds; and for other purposes. Referred to the Rules Committee. HB 1568. By Representative Mitchell of the 61st, Post 3: A BILL to amend Code Section 37-2-6.1 of the Official Code of Georgia Annotated, relating to program director, staff, budget, facilities, powers and duties, and exemption from taxation of community service boards, so as to provide that no community service board shall employ any person who is receiving a retirement benefit from the Employees' Retirement System of 1632 WEDNESDAY, MARCH 17, 2004 1627 Georgia except in compliance with the provisions of Code Section 47-2-110; and for other purposes. Referred to the Rules Committee. HB 1580. By Representatives Cooper of the 30th, Sinkfield of the 50th, Oliver of the 56th, Post 2, Campbell of the 39th, Lunsford of the 85th, Post 2 and others: A BILL to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to enact the "Foster Parents Bill of Rights"; to provide for a short title; to set out a list of rights for foster parents; to provide that such rights be taken into consideration in policies of the Division of Family and Children Services of the Department of Human Resources; and for other purposes. Referred to the Rules Committee. HB 1653. By Representatives Smith of the 76th, Childers of the 13th, Post 1, Cummings of the 19th, Smith of the 13th, Post 2, Brown of the 89th and others: A BILL to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to change certain provisions relating to a definition of hearing impaired person and the Georgia Center for Hearing Impaired Persons; to create the Georgia Commission on the Hard of Hearing and provide for its members, powers, and duties; and for other purposes. Referred to the Rules Committee. HB 1656. By Representatives Joyce of the 2nd, Birdsong of the 104th, Royal of the 140th and Snow of the 1st: 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 exempt certain motor vehicles owned by persons who have been awarded the Medal of Honor from ad valorem taxation; and for other purposes. Referred to the Rules Committee. HB 1702. By Representative Jenkins of the 93rd: A BILL to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for pardons and paroles, so 1633 1628 JOURNAL OF THE SENATE as to provide for the State Board of Pardons and Paroles to confer police powers on their employees under certain circumstances; to allow certain employees to assist law enforcement or correctional officers under certain circumstances; and for other purposes. Referred to the Rules Committee. HB 1743. By Representatives Beasley-Teague of the 48th, Post 2, Anderson of the 100th and Powell of the 23rd: A BILL to amend Code Section 40-2-37 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles of state and political subdivisions, so as to provide for permanent license plates for motor vehicles owned by a municipality or political subdivision; and for other purposes. Referred to the Rules Committee. HB 1746. By Representative Skipper of the 116th: A BILL to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to emergency telephone number "911" systems, so as to provide for the imposition and collection of monthly "911" charges for additional periods in those jurisdictions in which the local governing bodies have created a joint authority or which have executed an intergovernmental contract for emergency "911" services; and for other purposes. Referred to the Rules Committee. HR 1420. By Representatives Childers of the 13th, Post 1, Dodson of the 84th, Post 1, Skipper of the 116th, Smyre of the 111th, Buck of the 112th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may by general law provide a trust fund for the purpose of paying hospitals for uncompensated trauma care to victims of severe injury or trauma and make all provisions relating to such fund; to provide that the General Assembly may provide for a source of funding specifically designated for such fund, and that such fund shall not be subject to the lapsing provisions of the Constitution; and for other purposes. Referred to the Rules Committee. 1634 WEDNESDAY, MARCH 17, 2004 1629 HR 1456. By Representative Birdsong of the 104th: A RESOLUTION honoring the memory of Chief J. A. Fountain and designating the "Chief J. A. Fountain Bridge"; and for other purposes. Referred to the Rules Committee. HR 1460. By Representatives Burkhalter of the 36th, Martin of the 37th, Jones of the 38th, Willard of the 40th and Campbell of the 39th: A RESOLUTION designating the Bob Fulton Memorial Highway; and for other purposes. Referred to the Rules Committee. HR 1469. By Representative Stokes of the 72nd: A RESOLUTION designating a section of Highway 81 from the Covington city limit (Washington Street) north to Monticello Street as the Forest ''Preacher" Sawyer Memorial Parkway; and for other purposes. Referred to the Rules Committee. HR 1472. By Representative Sims of the 130th: A RESOLUTION designating the first bridge south of Willacoochee between Willacoochee and Lakeland on SR 135 South as the Johnny Wayne Spivey Bridge; 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 passed by the requisite constitutional majority the following Bills of the House: HB 1626. By Representatives Burkhalter of the 36th and Martin of the 37th: A BILL to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to specific programs in 1635 1630 JOURNAL OF THE SENATE elementary and secondary education, so as to provide that the State Board of Education shall develop a school interscholastic or intramural extracurricular athletic policy that provides for the use of a single, comprehensive, preparticipation physical examination form with an associated protocol as well as an education and awareness program for all student athletes, their parents or guardians, and school coaches and athletic trainers who are involved in interscholastic or intramural extracurricular sports; and for other purposes. HB 1751. By Representatives Stephens of the 123rd, Channell of the 77th, Parrish of the 102nd and Barnard of the 121st, 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 for the circumstances under which the Board of Community Health may contract for the coverage of employees of governmental entities; and for other purposes. HB 1793. By Representative Childers of the 13th, Post 1: A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide for limiting liability of free health clinics; to provide for definitions; to provide for applicability; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolutions of the House: HR 1440. By Representatives Birdsong of the 104th, Parham of the 94th and Jenkins of the 93rd: A RESOLUTION designating the Bill Conn Parkway; and for other purposes. HR 1455. By Representative Birdsong of the 104th: A RESOLUTION honoring the memory of Mr. C. L. Mapp and designating the "C. L. Mapp Bridge"; and for other purposes. HR 1473. By Representative Sims of the 130th: A RESOLUTION designating the bridge between Broxton and Douglas on US 441 as the Ricky L. Crockett Bridge; and for other purposes. 1636 WEDNESDAY, MARCH 17, 2004 1631 HR 1530. By Representative Hugley of the 113th: A RESOLUTION recognizing Honorable Aaron Cohn and designating the Aaron Cohn Regional Youth Detention Center; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1150. By Representatives Smith of the 13th, Post 2, Parham of the 94th, Greene of the 134th, Snow of the 1st, Smith of the 110th and others: A BILL to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars or trespassing personal property, so as to provide that the governing authority of a county may license towing and storage firms in the unincorporated areas of a county; and for other purposes. HB 1184. By Representatives Borders of the 142nd, Royal of the 140th, Buck of the 112th, Shaw of the 143rd and Black of the 144th: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; and for other purposes. HB 1190. By Representatives O`Neal of the 117th, Coleman of the 65th, Burkhalter of the 36th and Golick of the 34th, Post 3: A BILL 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 amend the Official Code of Georgia Annotated, so as to change the name "Office of Education Accountability" to "Office of Student Achievement"; and for other purposes. 1637 1632 JOURNAL OF THE SENATE HB 1489. By Representatives Oliver of the 56th, Post 2, Hill of the 81st, Mosby of the 59th, Post 3, Thomas of the 43rd, Post 1 and Moraitakis of the 42nd, Post 4: A BILL to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedure, schedule of bails, and appeal bonds, so as to clarify bond conditions for family violence offenses; and for other purposes. HB 1565. By Representatives Lunsford of the 85th, Post 2, Howell of the 92nd and Yates of the 85th, Post 1: A BILL to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, so as to provide that the General Assembly may by local Act authorize a municipal corporation to lease municipal property for up to five years with options to renew for three additional five-year periods to a nonprofit corporation for certain purposes related to recreation; and for other purposes. HB 1579. By Representatives Oliver of the 56th, Post 2, Watson of the 60th, Post 2, Bannister of the 70th, Post 1, Stephens of the 123rd, Smith of the 13th, Post 2 and others: A BILL to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to provide that the Subsequent Injury Trust Fund shall not reimburse a selfinsured employer or an insurer for a subsequent injury for which a claim is made after June 30, 2004; to provide that the fund shall continue to reimburse self-insured employers and insurers for claims made prior to July 1, 2004; to provide for dissolution of the fund; and for other purposes. HB 1708. By Representatives Channell of the 77th, Parrish of the 102nd, Shaw of the 143rd, Orrock of the 51st and Teilhet of the 34th, Post 2: A BILL to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to express certain legislative findings with respect to state reduction in force programs and furlough programs; to generally prohibit agencies from hiring new employees during or shortly after the use of any such program; and for other purposes. 1638 WEDNESDAY, MARCH 17, 2004 1633 HB 1744. By Representatives Graves of the 106th and Royal of the 140th: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to certain sales to or by nonprofit organizations engaged primarily in providing child services; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolutions of the House: HR 1425. By Representatives Mosley of the 129th, Post 1, Floyd of the 132nd, Hanner of the 133rd, McCall of the 78th, Porter of the 119th and others: A RESOLUTION proposing an amendment to the Constitution so as to require the General Assembly to provide by general law for the creation of a Georgia Solid Waste and Hazardous Waste Response Trust Fund from which funds shall be disbursed as provided by general law to protect the public health and safety and the environment from the release of contaminants and hazardous substances; and for other purposes. HR 1454. By Representative Birdsong of the 104th: A RESOLUTION designating the "Max R. Davey Bridge"; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 609. By Representatives Cummings of the 19th and Smith of the 110th: A BILL to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that a member with at least five years of membership service shall be vested for a benefit; and for other purposes. HB 1281. By Representatives Thompson of the 69th, Post 1, Howell of the 92nd, Moraitakis of the 42nd, Post 4, Crawford of the 91st, Noel of the 44th and others: A BILL to amend Chapter 4 of Title 50 of the Official Code of Georgia 1639 1634 JOURNAL OF THE SENATE 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; and for other purposes. HB 1456. By Representatives Greene of the 134th and Smith of the 13th, Post 2: A BILL to amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment into the county treasury of fines and forfeitures, so as to change the distribution of fines in certain cases; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to aggravated assault; to change certain provisions relating to penalties for various theft offenses under Code Sections 16-8-2 through 16-8-9; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1136. By Representatives Lunsford of the 85th, Post 2, Royal of the 140th, Westmoreland of the 86th, Graves of the 10th, Yates of the 85th, Post 1 and others: A BILL to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1561. By Representatives Buckner of the 82nd, Manning of the 32nd, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Lunsford of the 85th, Post 2 and others: A BILL to amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding for local victim assistance 1640 WEDNESDAY, MARCH 17, 2004 1635 programs, so as to provide for collection of incremental payment of fines; to provide for the payment of moneys collected to the Criminal Justice Coordinating Council and to the governing authority of the county in which the moneys are collected; to provide for the promulgation of rules by the Criminal Justice Coordinating Council; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1093. By Representatives Hill of the 81st, Chambers of the 53rd, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1 and Walker of the 71st, Post 1: A BILL to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide that no person convicted of child molestation shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation of first offenders; and for other purposes. HB 1227. By Representatives Westmoreland of the 86th, Jones of the 38th, Millar of the 52nd, Coleman of the 65th and Jamieson of the 22nd: A BILL to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide exemption for a primary caregiver of a child who is four years of age or younger; to provide an exemption for a primary teacher of children in a home study program; and for other purposes. HB 1620. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Henson of the 55th, Orrock of the 51st and Manning of the 32nd: A BILL to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to provide standards for the number of women's and men's toilets in certain state, county, or city owned buildings and facilities; and for other purposes. HB 1766. By Representatives James of the 114th, Ray of the 108th, Williams of the 128th, Mosley of the 129th, Post 1, Black of the 144th and others: A BILL to create the Aquaculture Division within the Department of Agriculture and provide for its powers and duties; to create the Aquaculture Development Advisory 1641 1636 JOURNAL OF THE SENATE Council and provide for its powers and duties; to amend reserved Chapter 15 of Title 2 of the Official Code of Georgia Annotated, so as to strike the reserved designation; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Title 2 of the Official Code of Georgia Annotated; to amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated; to amend Title 27 of the Official Code of Georgia Annotated; and for other purposes. The following House legislation was read the first time and referred to committee: HB 609. By Representatives Cummings of the 19th and Smith of the 110th: A BILL to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that a member with at least five years of membership service shall be vested for a benefit; and for other purposes. Referred to the Rules Committee. HB 1093. By Representatives Hill of the 81st, Chambers of the 53rd, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1 and Walker of the 71st, Post 1: A BILL to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide that no person convicted of child molestation shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation of first offenders; and for other purposes. Referred to the Rules Committee. HB 1136. By Representatives Lunsford of the 85th, Post 2, Royal of the 140th, Westmoreland of the 86th, Graves of the 10th, Yates of the 85th, Post 1 and others: A BILL to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; and for other purposes. Referred to the Rules Committee. 1642 WEDNESDAY, MARCH 17, 2004 1637 HB 1150. By Representatives Smith of the 13th, Post 2, Parham of the 94th, Greene of the 134th, Snow of the 1st, Smith of the 110th and others: A BILL to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars or trespassing personal property, so as to provide that the governing authority of a county may license towing and storage firms in the unincorporated areas of a county; and for other purposes. Referred to the Rules Committee. HB 1184. By Representatives Borders of the 142nd, Royal of the 140th, Buck of the 112th, Shaw of the 143rd and Black of the 144th: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; and for other purposes. Referred to the Rules Committee. HB 1190. By Representatives O`Neal of the 117th, Coleman of the 65th, Burkhalter of the 36th and Golick of the 34th, Post 3: A BILL 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 amend the Official Code of Georgia Annotated, so as to change the name "Office of Education Accountability" to "Office of Student Achievement"; and for other purposes. Referred to the Rules Committee. HB 1227. By Representatives Westmoreland of the 86th, Jones of the 38th, Millar of the 52nd, Coleman of the 65th and Jamieson of the 22nd: A BILL to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide exemption for a primary caregiver of a child who is four years of age or younger; to 1643 1638 JOURNAL OF THE SENATE provide an exemption for a primary teacher of children in a home study program; and for other purposes. Referred to the Rules Committee. HB 1281. By Representatives Thompson of the 69th, Post 1, Howell of the 92nd, Moraitakis of the 42nd, Post 4, Crawford of the 91st, Noel of the 44th and others: A BILL 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; and for other purposes. Referred to the Rules Committee. HB 1456. By Representatives Greene of the 134th and Smith of the 13th, Post 2: A BILL to amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment into the county treasury of fines and forfeitures, so as to change the distribution of fines in certain cases; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to aggravated assault; to change certain provisions relating to penalties for various theft offenses under Code Sections 16-8-2 through 16-8-9; and for other purposes. Referred to the Rules Committee. HB 1489. By Representatives Oliver of the 56th, Post 2, Hill of the 81st, Mosby of the 59th, Post 3, Thomas of the 43rd, Post 1 and Moraitakis of the 42nd, Post 4: A BILL to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedure, schedule of bails, and appeal bonds, so as to clarify bond conditions for family violence offenses; and for other purposes. Referred to the Rules Committee. 1644 WEDNESDAY, MARCH 17, 2004 1639 HB 1561. By Representatives Buckner of the 82nd, Manning of the 32nd, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Lunsford of the 85th, Post 2 and others: A BILL to amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding for local victim assistance programs, so as to provide for collection of incremental payment of fines; to provide for the payment of moneys collected to the Criminal Justice Coordinating Council and to the governing authority of the county in which the moneys are collected; to provide for the promulgation of rules by the Criminal Justice Coordinating Council; and for other purposes. Referred to the Rules Committee. HB 1565. By Representatives Lunsford of the 85th, Post 2, Howell of the 92nd and Yates of the 85th, Post 1: A BILL to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, so as to provide that the General Assembly may by local Act authorize a municipal corporation to lease municipal property for up to five years with options to renew for three additional five-year periods to a nonprofit corporation for certain purposes related to recreation; and for other purposes. Referred to the Rules Committee. HB 1579. By Representatives Oliver of the 56th, Post 2, Watson of the 60th, Post 2, Bannister of the 70th, Post 1, Stephens of the 123rd, Smith of the 13th, Post 2 and others: A BILL to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to provide that the Subsequent Injury Trust Fund shall not reimburse a selfinsured employer or an insurer for a subsequent injury for which a claim is made after June 30, 2004; to provide that the fund shall continue to reimburse self-insured employers and insurers for claims made prior to July 1, 2004; to provide for dissolution of the fund; and for other purposes. Referred to the Rules Committee. 1645 1640 JOURNAL OF THE SENATE HB 1620. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Henson of the 55th, Orrock of the 51st and Manning of the 32nd: A BILL to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to provide standards for the number of women's and men's toilets in certain state, county, or city owned buildings and facilities; and for other purposes. Referred to the Rules Committee. HB 1626. By Representatives Burkhalter of the 36th and Martin of the 37th: A BILL to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to specific programs in elementary and secondary education, so as to provide that the State Board of Education shall develop a school interscholastic or intramural extracurricular athletic policy that provides for the use of a single, comprehensive, preparticipation physical examination form with an associated protocol as well as an education and awareness program for all student athletes, their parents or guardians, and school coaches and athletic trainers who are involved in interscholastic or intramural extracurricular sports; and for other purposes. Referred to the Rules Committee. HB 1708. By Representatives Channell of the 77th, Parrish of the 102nd, Shaw of the 143rd, Orrock of the 51st and Teilhet of the 34th, Post 2: A BILL to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to express certain legislative findings with respect to state reduction in force programs and furlough programs; to generally prohibit agencies from hiring new employees during or shortly after the use of any such program; and for other purposes. Referred to the Rules Committee. HB 1744. By Representatives Graves of the 106th and Royal of the 140th: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to certain sales to or by nonprofit organizations engaged primarily in providing child services; and for other purposes. Referred to the Rules Committee. 1646 WEDNESDAY, MARCH 17, 2004 1641 HB 1751. By Representatives Stephens of the 123rd, Channell of the 77th, Parrish of the 102nd and Barnard of the 121st, 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 for the circumstances under which the Board of Community Health may contract for the coverage of employees of governmental entities; and for other purposes. Referred to the Rules Committee. HB 1766. By Representatives James of the 114th, Ray of the 108th, Williams of the 128th, Mosley of the 129th, Post 1, Black of the 144th and others: A BILL to create the Aquaculture Division within the Department of Agriculture and provide for its powers and duties; to create the Aquaculture Development Advisory Council and provide for its powers and duties; to amend reserved Chapter 15 of Title 2 of the Official Code of Georgia Annotated, so as to strike the reserved designation; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Title 2 of the Official Code of Georgia Annotated; to amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated; to amend Title 27 of the Official Code of Georgia Annotated; and for other purposes. Referred to the Rules Committee. HB 1793. By Representative Childers of the 13th, Post 1: A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide for limiting liability of free health clinics; to provide for definitions; to provide for applicability; and for other purposes. Referred to the Rules Committee. HR 1425. By Representatives Mosley of the 129th, Post 1, Floyd of the 132nd, Hanner of the 133rd, McCall of the 78th, Porter of the 119th and others: A RESOLUTION proposing an amendment to the Constitution so as to require the General Assembly to provide by general law for the creation of a Georgia Solid Waste and Hazardous Waste Response Trust Fund from which funds shall be disbursed as provided by general law to protect the public health and 1647 1642 JOURNAL OF THE SENATE safety and the environment from the release of contaminants and hazardous substances; and for other purposes. Referred to the Rules Committee. HR 1440. By Representatives Birdsong of the 104th, Parham of the 94th and Jenkins of the 93rd: A RESOLUTION designating the Bill Conn Parkway; and for other purposes. Referred to the Rules Committee. HR 1454. By Representative Birdsong of the 104th: A RESOLUTION designating the "Max R. Davey Bridge"; and for other purposes. Referred to the Rules Committee. HR 1455. By Representative Birdsong of the 104th: A RESOLUTION honoring the memory of Mr. C. L. Mapp and designating the "C. L. Mapp Bridge"; and for other purposes. Referred to the Rules Committee. HR 1473. By Representative Sims of the 130th: A RESOLUTION designating the bridge between Broxton and Douglas on US 441 as the Ricky L. Crockett Bridge; and for other purposes. Referred to the Rules Committee. HR 1530. By Representative Hugley of the 113th: A RESOLUTION recognizing Honorable Aaron Cohn and designating the Aaron Cohn Regional Youth Detention Center; and for other purposes. Referred to the Rules Committee. The following messages were received from the House through Mr. Rivers, the Clerk thereof: 1648 WEDNESDAY, MARCH 17, 2004 1643 Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1167. By Representatives Forster of the 3rd, Post 1 and Heard of the 70th, Post 3: A BILL to amend Code Section 43-4-11 of the Official Code of Georgia Annotated, relating to the qualifications of applicants for examination or certificate of registration to practice architecture, so as to extend certain deadlines for the use of certain educational and training requirements to qualify for examination by the Georgia State Board of Architects and Interior Designers; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1632. By Representatives Butler of the 88th, Post 1, Oliver of the 56th, Post 2, Bordeaux of the 125th, Stokes of the 72nd, Harper of the 88th, Post 2 and others: A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for certain matters relating to a child under circumstances where one parent has been convicted of the murder of the child's other parent; to amend certain provisions relating to reunification; to amend certain provisions relating to grounds for termination of parental rights; and for other purposes. The following House legislation was read the first time and referred to committee: HB 1167. By Representatives Forster of the 3rd, Post 1 and Heard of the 70th, Post 3: A BILL to amend Code Section 43-4-11 of the Official Code of Georgia Annotated, relating to the qualifications of applicants for examination or certificate of registration to practice architecture, so as to extend certain deadlines for the use of certain educational and training requirements to qualify for examination by the Georgia State Board of Architects and Interior Designers; and for other purposes. Referred to the Rules Committee. 1649 1644 JOURNAL OF THE SENATE HB 1632. By Representatives Butler of the 88th, Post 1, Oliver of the 56th, Post 2, Bordeaux of the 125th, Stokes of the 72nd, Harper of the 88th, Post 2 and others: A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for certain matters relating to a child under circumstances where one parent has been convicted of the murder of the child's other parent; to amend certain provisions relating to reunification; to amend certain provisions relating to grounds for termination of parental rights; and for other purposes. Referred to the Rules Committee. The Senate adjourned at 12:00 midnight. 1650 FRIDAY, MARCH 19, 2004 1645 Senate Chamber, Atlanta, Georgia Friday, March 19, 2004 Thirty-fourth Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 March 19, 2004 Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Eldridge: Please let the journal reflect that I, Robert Brown, 26th District Senator, was present on Monday, March 15, 2004. Thank you. Sincerely, /s/ Robert Brown The following Senate legislation was introduced, read the first time and referred to committee: SB 628. By Senators Hudgens of the 47th and Cagle of the 49th: A BILL to be entitled an Act to amend an Act creating a board of education of Madison County, approved March 24, 1988 (Ga. L. 1988, p. 4698), as 1651 1646 JOURNAL OF THE SENATE amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4421), so as to make technical changes in said 2002 amendatory Act; to provide for the manner and time of election for members of the board; to ratify and confirm, to the maximum extent possible, any election previously held under the provisions of such amendatory Act; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 629. By Senators Adelman of the 42nd, Levetan of the 40th, Henson of the 41st, Butler of the 55th and Stokes of the 43rd: A BILL to be entitled an Act to create the DeKalb County Court Technology Fund; to authorize the imposition and collection of a technology fee for the filing of certain cases and the imposition of surcharges to certain fines; to specify the uses to which such fees and surcharges may be put; to provide for the auditing and accounting for such fund; to provide for a supervising board for such fund and the membership, composition, authority, powers, and duties thereof; to provide for related matters; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SR 960. By Senators Thomas of the 54th, Price of the 56th, Mullis of the 53rd, Unterman of the 45th and Harp of the 16th: A RESOLUTION to create a Senate Study Committee on Childhood Obesity in Georgia; and for other purposes. Referred to the Health and Human Services Committee. SR 961. By Senators Thompson of the 33rd and Brown of the 26th: A RESOLUTION creating the Senate Blue Ribbon Study Committee on Tort Reform; and for other purposes. Referred to the Rules Committee. SR 964. By Senators Thomas of the 2nd, Johnson of the 1st, Kemp of the 3rd, Hill of the 4th, Starr of the 44th and others: A RESOLUTION urging the Congress of the United States to restore the Georgia radiation monitoring program for radionuclides in the soil, air, water, 1652 FRIDAY, MARCH 19, 2004 1647 vegetation, milk, fish, and wildlife from the United States Department of Energy's Savannah River Site; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 967. By Senators Hamrick of the 30th, Hall of the 22nd, Kemp of the 46th and Thomas of the 54th: A RESOLUTION creating the Senate Study Committee on Mandatory Death Reporting in Compensated Care; and for other purposes. Referred to the Health and Human Services Committee. Senator Seabaugh of the 28th asked unanimous consent that the order of business be changed in order to withdraw the following House legislation referred to the Senate Rules Committee after recess on the 33rd day and commit the legislation to the following committees. HB 484. By Representatives Jenkins of the 93rd, Boggs of the 145th and Mangham of the 62nd: A BILL to amend Code Section 17-5-54 of the Official Code of Georgia Annotated, relating to disposition of personal property in custody of a law enforcement agency, so as to change the provisions relating to the disposition of personal property in custody of a law enforcement agency; and for other purposes. The consent was granted, and HB 484 was committed to the Senate Special Judiciary Committee. HB 557. By Representatives Borders of the 142nd, Black of the 144th and Shaw of the 143rd: 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 provide that any person who was serving as a juvenile court judge on July 1, 2004, and who was not a member of any state or local retirement system or pension fund may become a member of the Georgia Judicial Retirement System; to provide that any such person may obtain up to five years of creditable service upon payment of the employer's and employee's contribution with interest; and for other purposes. 1653 1648 JOURNAL OF THE SENATE The consent was granted, and HB 557 was committed to the Senate Retirement Committee. HB 609. By Representatives Cummings of the 19th and Smith of the 110th: A BILL to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that a member with at least five years of membership service shall be vested for a benefit; and for other purposes. The consent was granted, and HB 609 was committed to the Senate Retirement Committee. HB 653. By Representatives Rogers of the 15th, Smith of the 13th, Post 2, Buckner of the 82nd, Rynders of the 137th, O`Neal of the 117th and others: A BILL to amend Code Section 16-12-171 of the Official Code of Georgia Annotated, relating to prohibited acts related to sale or distribution to or purchase by minors of cigarettes and tobacco related objects, so as to prohibit possession of cigarettes of tobacco related objects by minors; and for other purposes. The consent was granted, and HB 653 was committed to the Senate Judiciary Committee. HB 762. By Representatives Floyd of the 69th, Post 2, Marin of the 66th, Thomas Morgan of the 33rd, Post 2 and Thompson of the 69th, Post 1: A BILL to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to change certain provisions relating to removal of trade fixtures during term and when property is abandoned; to change certain provisions relating to judgment, writ of possession, landlord's liability for wrongful conduct, and distribution of funds paid into court; and for other purposes. The consent was granted, and HB 762 was committed to the Senate Judiciary Committee. HB 1047. By Representatives Hudson of the 95th, Purcell of the 122nd, McBee of the 74th, Houston of the 139th, Morris of the 120th and others: A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate the practice of soil science; to provide for a short title; to provide for legislative purpose; to define certain terms; to provide for inapplicability; to provide for the State Board of 1654 FRIDAY, MARCH 19, 2004 1649 Registration for Professional Soil Scientists; and for other purposes. The consent was granted, and HB 1047 was committed to the Senate Regulated Industries and Utilities Committee. HB 1093. By Representatives Hill of the 81st, Chambers of the 53rd, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1 and Walker of the 71st, Post 1: A BILL to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide that no person convicted of child molestation shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation of first offenders; and for other purposes. The consent was granted, and HB 1093 was committed to the Senate Judiciary Committee. HB 1105. By Representatives Sims of the 130th, Smith of the 129th, Post 2, Boggs of the 145th and Roberts of the 131st: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of wax or dies used directly in the manufacture of parts for military aircraft, watercraft, or vehicles; and for other purposes. The consent was granted, and HB 1105 was committed to the Senate Finance Committee. HB 1136. By Representatives Lunsford of the 85th, Post 2, Royal of the 140th, Westmoreland of the 86th, Graves of the 10th, Yates of the 85th, Post 1 and others: A BILL to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; and for other purposes. The consent was granted, and HB 1136 was committed to the Senate Transportation Committee. 1655 1650 JOURNAL OF THE SENATE HB 1150. By Representatives Smith of the 13th, Post 2, Parham of the 94th, Greene of the 134th, Snow of the 1st, Smith of the 110th and others: A BILL to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars or trespassing personal property, so as to provide that the governing authority of a county may license towing and storage firms in the unincorporated areas of a county; and for other purposes. The consent was granted, and HB 1150 was committed to the Senate Public Safety and Homeland Security Committee. HB 1167. By Representatives Forster of the 3rd, Post 1 and Heard of the 70th, Post 3: A BILL to amend Code Section 43-4-11 of the Official Code of Georgia Annotated, relating to the qualifications of applicants for examination or certificate of registration to practice architecture, so as to extend certain deadlines for the use of certain educational and training requirements to qualify for examination by the Georgia State Board of Architects and Interior Designers; and for other purposes. The consent was granted, and HB 1167 was committed to the Senate Regulated Industries and Utilities Committee. HB 1168. By Representatives Rice of the 64th, Parham of the 94th, Keen of the 146th, Reece of the 21st, Brown of the 89th and others: A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain provisions relating to examination of applicants; to provide that licensed driver training schools may conduct road tests for applicants for drivers' licenses; to provide for approval by the department of driver training schools; to provide that it shall be a misdemeanor to a licensed driving instructor to falsely certify that an applicant has passed a road test; and for other purposes. The consent was granted, and HB 1168 was committed to the Senate Public Safety and Homeland Security Committee. HB 1184. By Representatives Borders of the 142nd, Royal of the 140th, Buck of the 112th, Shaw of the 143rd and Black of the 144th: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide 1656 FRIDAY, MARCH 19, 2004 1651 for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; and for other purposes. The consent was granted, and HB 1184 was committed to the Senate Finance Committee. HB 1190. By Representatives O`Neal of the 117th, Coleman of the 65th, Burkhalter of the 36th and Golick of the 34th, Post 3: A BILL 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 amend the Official Code of Georgia Annotated, so as to change the name "Office of Education Accountability" to "Office of Student Achievement"; and for other purposes. The consent was granted, and HB 1190 was committed to the Senate Education Committee. HB 1227. By Representatives Westmoreland of the 86th, Jones of the 38th, Millar of the 52nd, Coleman of the 65th and Jamieson of the 22nd: A BILL to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide exemption for a primary caregiver of a child who is four years of age or younger; to provide an exemption for a primary teacher of children in a home study program; and for other purposes. The consent was granted, and HB 1227 was committed to the Senate Judiciary Committee. HB 1259. By Representatives Burmeister of the 96th, Smith of the 87th, Randall of the 107th, Rynders of the 137th, Manning of the 32nd and others: A BILL to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to require that the photographs of certain persons convicted of certain assaults and batteries involving family violence and stalking and aggravated stalking offenses shall be published in the legal organ of the county in which such person is convicted; and for other purposes. 1657 1652 JOURNAL OF THE SENATE The consent was granted, and HB 1259 was committed to the Senate Judiciary Committee. HB 1281. By Representatives Thompson of the 69th, Post 1, Howell of the 92nd, Moraitakis of the 42nd, Post 4, Crawford of the 91st, Noel of the 44th and others: A BILL 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; and for other purposes. The consent was granted, and HB 1281 was committed to the Senate State and Local Governmental Operations (General) Committee. HB 1418. By Representatives Stephenson of the 60th, Post 1, Randall of the 107th, Mosby of the 59th, Post 3, Sinkfield of the 50th, Hugley of the 113th and others: A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, parental rights, and mental incompetency and dependency for juveniles, so as to change the jurisdiction of the juvenile court to include certain children under 18 years of age; to change definitions; to provide for jurisdiction as a court of inquiry regarding certain persons over 18 years of age; and for other purposes. The consent was granted, and HB 1418 was committed to the Senate Special Judiciary Committee. HB 1424. By Representatives Mobley of the 58th, Brooks of the 47th, Williams of the 128th, Drenner of the 57th, Beasley-Teague of the 48th, Post 2 and others: A BILL to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to protection of computer systems, so as to prohibit the transmission of unsolicited bulk e-mail; to provide penalties for violations; and for other purposes. The consent was granted, and HB 1424 was committed to the Senate Science and Technology Committee. 1658 FRIDAY, MARCH 19, 2004 1653 HB 1428. By Representatives Westmoreland of the 86th, Smith of the 129th, Post 2, Rice of the 64th, Mosley of the 129th, Post 1, Coan of the 67th, Post 1 and others: A BILL to amend Code Section 20-2-690 of the Official Code of Georgia Annotated, relating to requirements for private schools and home study programs, so as to change certain qualifications of tutors in home study programs; and for other purposes. The consent was granted, and HB 1428 was committed to the Senate Education Committee. HB 1456. By Representatives Greene of the 134th and Smith of the 13th, Post 2: A BILL to amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment into the county treasury of fines and forfeitures, so as to change the distribution of fines in certain cases; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to aggravated assault; to change certain provisions relating to penalties for various theft offenses under Code Sections 16-8-2 through 16-8-9; and for other purposes. The consent was granted, and HB 1456 was committed to the Senate Judiciary Committee. HB 1489. By Representatives Oliver of the 56th, Post 2, Hill of the 81st, Mosby of the 59th, Post 3, Thomas of the 43rd, Post 1 and Moraitakis of the 42nd, Post 4: A BILL to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedure, schedule of bails, and appeal bonds, so as to clarify bond conditions for family violence offenses; and for other purposes. The consent was granted, and HB 1489 was committed to the Senate State Institutions and Property Committee. HB 1526. By Representatives Harbin of the 80th, Buckner of the 109th, Smith of the 110th, Walker of the 71st, Post 1 and Randall of the 107th: A BILL to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, so as to expand the childhood vaccination registry to include vaccination on all persons from birth through death; and for other purposes. 1659 1654 JOURNAL OF THE SENATE The consent was granted, and HB 1526 was committed to the Senate Health and Human Services Committee. HB 1539. By Representative Ashe of the 42nd, Post 2: A BILL to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing with respect to quality basic education, so as to change the manner and method of calculating certain local share funds and equalization grants; to change certain provisions regarding the determination of enrollment by institutional programs; to change certain provisions relating to local five mill share funds; and for other purposes. The consent was granted, and HB 1539 was committed to the Senate Education Committee. HB 1561. By Representatives Buckner of the 82nd, Manning of the 32nd, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Lunsford of the 85th, Post 2 and others: A BILL to amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding for local victim assistance programs, so as to provide for collection of incremental payment of fines; to provide for the payment of moneys collected to the Criminal Justice Coordinating Council and to the governing authority of the county in which the moneys are collected; to provide for the promulgation of rules by the Criminal Justice Coordinating Council; and for other purposes. The consent was granted, and HB 1561 was committed to the Senate Special Judiciary Committee. HB 1565. By Representatives Lunsford of the 85th, Post 2, Howell of the 92nd and Yates of the 85th, Post 1: A BILL to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, so as to provide that the General Assembly may by local Act authorize a municipal corporation to lease municipal property for up to five years with options to renew for three additional five-year periods to a nonprofit corporation for certain purposes related to recreation; and for other purposes. The consent was granted, and HB 1565 was committed to the Senate State and Local Governmental Operations (General) Committee. 1660 FRIDAY, MARCH 19, 2004 1655 HB 1568. By Representative Mitchell of the 61st, Post 3: A BILL to amend Code Section 37-2-6.1 of the Official Code of Georgia Annotated, relating to program director, staff, budget, facilities, powers and duties, and exemption from taxation of community service boards, so as to provide that no community service board shall employ any person who is receiving a retirement benefit from the Employees' Retirement System of Georgia except in compliance with the provisions of Code Section 47-2-110; and for other purposes. The consent was granted, and HB 1568 was committed to the Senate Retirement Committee. HB 1579. By Representatives Oliver of the 56th, Post 2, Watson of the 60th, Post 2, Bannister of the 70th, Post 1, Stephens of the 123rd, Smith of the 13th, Post 2 and others: A BILL to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to provide that the Subsequent Injury Trust Fund shall not reimburse a selfinsured employer or an insurer for a subsequent injury for which a claim is made after June 30, 2004; to provide that the fund shall continue to reimburse self-insured employers and insurers for claims made prior to July 1, 2004; to provide for dissolution of the fund; and for other purposes. The consent was granted, and HB 1579 was committed to the Senate Insurance and Labor Committee. HB 1580. By Representatives Cooper of the 30th, Sinkfield of the 50th, Oliver of the 56th, Post 2, Campbell of the 39th, Lunsford of the 85th, Post 2 and others: A BILL to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to enact the "Foster Parents Bill of Rights"; to provide for a short title; to set out a list of rights for foster parents; to provide that such rights be taken into consideration in policies of the Division of Family and Children Services of the Department of Human Resources; and for other purposes. The consent was granted, and HB 1580 was committed to the Senate Children and Youth Committee. 1661 1656 JOURNAL OF THE SENATE HB 1620. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Henson of the 55th, Orrock of the 51st and Manning of the 32nd: A BILL to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to provide standards for the number of women's and men's toilets in certain state, county, or city owned buildings and facilities; and for other purposes. The consent was granted, and HB 1620 was committed to the Senate State and Local Governmental Operations (General) Committee. HB 1626. By Representatives Burkhalter of the 36th and Martin of the 37th: A BILL to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to specific programs in elementary and secondary education, so as to provide that the State Board of Education shall develop a school interscholastic or intramural extracurricular athletic policy that provides for the use of a single, comprehensive, preparticipation physical examination form with an associated protocol as well as an education and awareness program for all student athletes, their parents or guardians, and school coaches and athletic trainers who are involved in interscholastic or intramural extracurricular sports; and for other purposes. The consent was granted, and HB 1626 was committed to the Senate Education Committee. HB 1632. By Representatives Butler of the 88th, Post 1, Oliver of the 56th, Post 2, Bordeaux of the 125th, Stokes of the 72nd, Harper of the 88th, Post 2 and others: A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for certain matters relating to a child under circumstances where one parent has been convicted of the murder of the child's other parent; to amend certain provisions relating to reunification; to amend certain provisions relating to grounds for termination of parental rights; and for other purposes. The consent was granted, and HB 1632 was committed to the Senate Judiciary Committee. 1662 FRIDAY, MARCH 19, 2004 1657 HB 1653. By Representatives Smith of the 76th, Childers of the 13th, Post 1, Cummings of the 19th, Smith of the 13th, Post 2, Brown of the 89th and others: A BILL to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to change certain provisions relating to a definition of hearing impaired person and the Georgia Center for Hearing Impaired Persons; to create the Georgia Commission on the Hard of Hearing and provide for its members, powers, and duties; and for other purposes. The consent was granted, and HB 1653 was committed to the Senate Health and Human Services Committee. HB 1656. By Representatives Joyce of the 2nd, Birdsong of the 104th, Royal of the 140th and Snow of the 1st: 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 exempt certain motor vehicles owned by persons who have been awarded the Medal of Honor from ad valorem taxation; and for other purposes. The consent was granted, and HB 1656 was committed to the Senate Finance Committee. HB 1702. By Representative Jenkins of the 93rd: A BILL to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for pardons and paroles, so as to provide for the State Board of Pardons and Paroles to confer police powers on their employees under certain circumstances; to allow certain employees to assist law enforcement or correctional officers under certain circumstances; and for other purposes. The consent was granted, and HB 1702 was committed to the Senate State Institutions and Property Committee. HB 1708. By Representatives Channell of the 77th, Parrish of the 102nd, Shaw of the 143rd, Orrock of the 51st and Teilhet of the 34th, Post 2: A BILL to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to express certain legislative findings with respect to state reduction in force programs and furlough programs; to generally prohibit agencies from hiring new employees during or shortly after the use of any such program; and for other purposes. 1663 1658 JOURNAL OF THE SENATE The consent was granted, and HB 1708 was committed to the Senate State and Local Governmental Operations (General) Committee. HB 1743. By Representatives Beasley-Teague of the 48th, Post 2, Anderson of the 100th and Powell of the 23rd: A BILL to amend Code Section 40-2-37 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles of state and political subdivisions, so as to provide for permanent license plates for motor vehicles owned by a municipality or political subdivision; and for other purposes. The consent was granted, and HB 1743 was committed to the Senate Public Safety and Homeland Security Committee. HB 1744. By Representatives Graves of the 106th and Royal of the 140th: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to certain sales to or by nonprofit organizations engaged primarily in providing child services; and for other purposes. The consent was granted, and HB 1744 was committed to the Senate Finance Committee. HB 1746. By Representative Skipper of the 116th: A BILL to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to emergency telephone number "911" systems, so as to provide for the imposition and collection of monthly "911" charges for additional periods in those jurisdictions in which the local governing bodies have created a joint authority or which have executed an intergovernmental contract for emergency "911" services; and for other purposes. The consent was granted, and HB 1746 was committed to the Senate Regulated Industries and Utilities Committee. HB 1751. By Representatives Stephens of the 123rd, Channell of the 77th, Parrish of the 102nd and Barnard of the 121st, 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 for the circumstances under which the Board of Community Health 1664 FRIDAY, MARCH 19, 2004 1659 may contract for the coverage of employees of governmental entities; and for other purposes. The consent was granted, and HB 1751 was committed to the Senate Appropriations Committee. HB 1766. By Representatives James of the 114th, Ray of the 108th, Williams of the 128th, Mosley of the 129th, Post 1, Black of the 144th and others: A BILL to create the Aquaculture Division within the Department of Agriculture and provide for its powers and duties; to create the Aquaculture Development Advisory Council and provide for its powers and duties; to amend reserved Chapter 15 of Title 2 of the Official Code of Georgia Annotated, so as to strike the reserved designation; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Title 2 of the Official Code of Georgia Annotated; to amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated; to amend Title 27 of the Official Code of Georgia Annotated; and for other purposes. The consent was granted, and HB 1766 was committed to the Senate Agriculture and Consumer Affairs Committee. HB 1793. By Representative Childers of the 13th, Post 1: A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide for limiting liability of free health clinics; to provide for definitions; to provide for applicability; and for other purposes. The consent was granted, and HB 1793 was committed to the Senate Health and Human Services Committee. HR 1420. By Representatives Childers of the 13th, Post 1, Dodson of the 84th, Post 1, Skipper of the 116th, Smyre of the 111th, Buck of the 112th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may by general law provide a trust fund for the purpose of paying hospitals for uncompensated trauma care to victims of severe injury or trauma and make all provisions relating to such fund; to provide that the General Assembly may provide for a source of funding specifically designated for such fund, and that such fund shall not be subject to the lapsing provisions of the Constitution; and for other purposes. 1665 1660 JOURNAL OF THE SENATE The consent was granted, and HR 1420 was committed to the Senate Health and Human Services Committee. HR 1425. By Representatives Mosley of the 129th, Post 1, Floyd of the 132nd, Hanner of the 133rd, McCall of the 78th, Porter of the 119th and others: A RESOLUTION proposing an amendment to the Constitution so as to require the General Assembly to provide by general law for the creation of a Georgia Solid Waste and Hazardous Waste Response Trust Fund from which funds shall be disbursed as provided by general law to protect the public health and safety and the environment from the release of contaminants and hazardous substances; and for other purposes. The consent was granted, and HR 1425 was committed to the Senate Natural Resources and the Environment Committee. HR 1440. By Representatives Birdsong of the 104th, Parham of the 94th and Jenkins of the 93rd: A RESOLUTION designating the Bill Conn Parkway; and for other purposes. The consent was granted, and HR 1440 was committed to the Senate Transportation Committee. HR 1454. By Representative Birdsong of the 104th: A RESOLUTION designating the "Max R. Davey Bridge"; and for other purposes. The consent was granted, and HR 1454 was committed to the Senate Transportation Committee. HR 1455. By Representative Birdsong of the 104th: A RESOLUTION honoring the memory of Mr. C. L. Mapp and designating the "C. L. Mapp Bridge"; and for other purposes. The consent was granted, and HR 1455 was committed to the Senate Transportation Committee. HR 1456. By Representative Birdsong of the 104th: A RESOLUTION honoring the memory of Chief J. A. Fountain and 1666 FRIDAY, MARCH 19, 2004 1661 designating the "Chief J. A. Fountain Bridge"; and for other purposes. The consent was granted, and HR 1456 was committed to the Senate Transportation Committee. HR 1460. By Representatives Burkhalter of the 36th, Martin of the 37th, Jones of the 38th, Willard of the 40th and Campbell of the 39th: A RESOLUTION designating the Bob Fulton Memorial Highway; and for other purposes. The consent was granted, and HR 1460 was committed to the Senate Transportation Committee. HR 1469. By Representative Stokes of the 72nd: A RESOLUTION designating a section of Highway 81 from the Covington city limit (Washington Street) north to Monticello Street as the Forest ''Preacher" Sawyer Memorial Parkway; and for other purposes. The consent was granted, and HR 1469 was committed to the Senate Transportation Committee. HR 1472. By Representative Sims of the 130th: A RESOLUTION designating the first bridge south of Willacoochee between Willacoochee and Lakeland on SR 135 South as the Johnny Wayne Spivey Bridge; and for other purposes. The consent was granted, and HR 1472 was committed to the Senate Transportation Committee. HR 1473. By Representative Sims of the 130th: A RESOLUTION designating the bridge between Broxton and Douglas on US 441 as the Ricky L. Crockett Bridge; and for other purposes. The consent was granted, and HR 1473 was committed to the Senate Transportation Committee. HR 1530. By Representative Hugley of the 113th: A RESOLUTION recognizing Honorable Aaron Cohn and designating the 1667 1662 JOURNAL OF THE SENATE Aaron Cohn Regional Youth Detention Center; and for other purposes. The consent was granted, and HR 1530 was committed to the Senate State Institutions and Property 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: HB 87 HB 772 HB 865 Do Pass Do Pass Do Pass HB 1507 HB 1529 SR 907 Do Pass Do Pass Do Pass as amended Respectfully submitted, Senator Mullis of the 53rd District, Chairman Mr. President: The Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 79 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: HB 1107 HB 1391 HB 1410 Do Pass Do Pass Do Pass HB 1416 HB 1511 HB 1612 Do Pass Do Pass Do Not Pass Respectfully submitted, Senator Cagle of the 49th District, Chairman 1668 FRIDAY, MARCH 19, 2004 1663 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 617 HB 1141 HB 1265 Do Pass by substitute HB 1266 Do Pass Do Pass HB 1512 Do Pass Do Pass Respectfully submitted, Senator Thomas of the 54th District, Chairman Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 539 HB 1258 HB 1348 Do Pass Do Pass Do Pass HB 1499 Do Pass HB 1555 Do Pass 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: HB 918 HB 1069 HB 1158 HB 1182 Do Pass HB 1194 Do Pass by substitute Do Pass by substitute HB 1331 Do Pass Do Pass by substitute HB 1451 Do Pass by substitute Do Pass Respectfully submitted, Senator Tanksley of the 32nd District, Chairman Mr. President: The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 495 Do Pass by substitute 1669 1664 JOURNAL OF THE SENATE HB 1185 Do Pass HB 1608 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: HB 158 Do Pass HB 1155 Do Pass HB 1159 Do Pass HB 1161 Do Pass as amended Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: The Regulated Industries and Utilities Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 472 HB 585 HB 1174 HB 1175 Do Pass as amended Do Pass Do Pass Do Pass by substitute HB 1195 HB 1248 HB 1359 HB 1394 Do Pass Do Pass Do Pass by substitute Do Pass 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: HB 234 HB 328 HB 441 Do Pass Do Pass Do Pass Respectfully submitted, Senator Hudgens of the 47th District, Chairman 1670 FRIDAY, MARCH 19, 2004 1665 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 942 Do Pass as amended Respectfully submitted, Senator Balfour of the 9th District, Chairman Mr. President: The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 208 HB 210 Do Pass by substitute Do Pass HB 1285 Do Pass HB 1450 Do Pass Respectfully submitted, Senator Kemp of the 3rd District, Chairman The following legislation was read the second time: HB 198 HB 727 HB 1277 HB 1295 HB 1362 HB 1408 HR 940 HR 1190 HR 1262 HR 1341 SR 877 SR 883 SR 904 Senator Seabaugh of the 28th asked unanimous consent that Senator Collins of the 6th be excused. The consent was granted, and Senator Collins was excused. Senator Hill of the 4th asked unanimous consent that Senator Kemp of the 3rd be excused. The consent was granted, and Senator Kemp was excused. Senator Balfour of the 9th asked unanimous consent that Senator Lee of the 29th be excused. The consent was granted, and Senator Lee was excused. Senator Smith of the 52nd asked unanimous consent that Senator Hamrick of the 30th be excused. The consent was granted, and Senator Hamrick was excused. Senator Harbison of the 15th asked unanimous consent that Senator Harp of the 16th be excused. The consent was granted, and Senator Harp was excused. 1671 1666 JOURNAL OF THE SENATE Senator Harbison of the 15th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused. 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 Tolleson of the 18th asked unanimous consent that Senator Stephens of the 51st be excused. The consent was granted, and Senator Stephens 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 Gillis Golden Hall Harbison Henson Hill Jackson Johnson Kemp,B Lamutt Moody Mullis Price Seabaugh Seay Shafer Smith,F Smith,P Squires Starr Stokes Tanksley Tate Thomas,D Thomas,N Thomas,R Thompson Tolleson Unterman Williams Zamarripa Not answering were Senators: Collins (Excused) Harp (Excused) Kemp, R (Excused) Meyer von Bremen (Excused) Fort Hooks (Excused) Lee (Excused) Reed Hamrick (Excused) Hudgens Levetan Stephens (Excused) The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Hamrick Levetan Reed The members pledged allegiance to the flag. 1672 FRIDAY, MARCH 19, 2004 1667 Senator Mullis of the 53rd introduced the chaplain of the day, Reverend Darrell Henry of Chickamauga, Georgia, who offered scripture reading and prayer. Senator Meyer von Bremen of the 12th introduced the doctor of the day, Dr. A. S. Ghiathia. Senator Stokes of the 43rd recognized members of the Delta Sorority. President Beverly Harris addressed the Senate briefly. The following resolutions were read and adopted: SR 954. By Senator Thompson of the 33rd, Kemp of the 3rd, Henson of the 41st, Cagle of the 49th and Harp of the 16th: A RESOLUTION commending Mrs. Rae Nell Bennett for over 15 years of dedicated and faithful service advocating for Georgia's elder citizens; and for other purposes. SR 955. By Senator Johnson of the 1st: A RESOLUTION commending Linda A. Barker on being awarded the Realtor of the Year Award 2003; and for other purposes. SR 956. By Senator Hill of the 4th: A RESOLUTION recognizing Zelma Brewton Keels on her 100th birthday; and for other purposes. SR 957. By Senator Kemp of the 46th: A RESOLUTION commending the Walker Brothers; and for other purposes. SR 958. By Senators Thomas of the 2nd and Johnson of the 1st: A RESOLUTION recognizing Anthony R. James; and for other purposes. SR 959. By Senator Adelman of the 42nd: A RESOLUTION commending Elizabeth Fox-Genovese; and for other purposes. 1673 1668 JOURNAL OF THE SENATE SR 962. By Senator Cagle of the 49th: A RESOLUTION commending the Dawson County High School wrestling team; and for other purposes. SR 963. By Senator Seabaugh of the 28th: A RESOLUTION congratulating Jennifer Lenore McDonnell and Ryan Wayne Seabaugh on the occasion of their wedding; and for other purposes. SR 965. By Senators Johnson of the 1st, Collins of the 6th, Levetan of the 40th, Stephens of the 51st, Meyer von Bremen of the 12th and others: A RESOLUTION recognizing and commending the Home Depot on the occasion of its 25th anniversary; and for other purposes. Senator Collins of the 6th introduced Bob Nardelli, President and CEO of Home Depot, commended by SR 965. Bob Nardelli addressed the Senate briefly. SR 966. By Senator Jackson of the 50th: A RESOLUTION commending Hidden Lake Academy of Lumpkin County and recognizing its 10th anniversary; and for other purposes. SR 968. By Senator Thomas of the 10th: A RESOLUTION recognizing Follow Me Foundation, Inc.; and for other purposes. SR 969. By Senators Collins of the 6th, Lamutt of the 21st, Tanksley of the 32nd and Price of the 56th: A RESOLUTION recognizing and commending SafePath Children's Advocacy Center, Inc.; and for other purposes. SR 970. By Senators Collins of the 6th, Hall of the 22nd, Kemp of the 46th, Brush of the 24th and Price of the 56th: A RESOLUTION commending Communities In Schools of Georgia, Inc.; and for other purposes. 1674 FRIDAY, MARCH 19, 2004 1669 SR 971. By Senators Meyer von Bremen of the 12th and Hooks of the 14th: A RESOLUTION commending and congratulating City of Albany Mayorelect Willie Adams, Jr.; and for other purposes. SR 972. By Senators Meyer von Bremen of the 12th and Hooks of the 14th: A RESOLUTION commending City of Albany Mayor Tommy Coleman; and for other purposes. SR 973. By Senator Hooks of the 14th: A RESOLUTION honoring Sybil B. Smith; and for other purposes. SR 974. By Senators Kemp of the 46th and Hudgens of the 47th: A RESOLUTION recognizing and commending Colonel Robert Guy upon his selection as the State of Georgia's 2004 Teacher of the Year; and for other purposes. SR 975. By Senator Unterman of the 45th: A RESOLUTION commending Casey Craig; and for other purposes. SR 976. By Senator Tolleson of the 18th: A RESOLUTION commending Perry High School's 2004 Competition Cheerleading Squad; and for other purposes. SR 977. By Senator Tolleson of the 18th: A RESOLUTION commending Joe Steele upon his selection to attend the National Youth Leadership Forum on Defense, Intelligence and Diplomacy; and for other purposes. SR 978. By Senator Tolleson of the 18th: A RESOLUTION honoring Perry Primary School; and for other purposes. SR 979. By Senator Tolleson of the 18th: A RESOLUTION commending Paulette Tompkins; and for other purposes. 1675 1670 JOURNAL OF THE SENATE SR 980. By Senator Tolleson of the 18th: A RESOLUTION honoring Lindsey Elementary School; and for other purposes. SR 981. By Senator Tolleson of the 18th: A RESOLUTION recognizing and commending Pearl Stephens Elementary School on its designation as a 2004 Georgia School of Excellence in Student Achievement; and for other purposes. SR 982. By Senator Bowen of the 13th: A RESOLUTION recognizing and commending the Slosheye Trail Big Pig Jig; and for other purposes. SR 983. By Senator Kemp of the 3rd: A RESOLUTION congratulating the Midway Church and Society and the residents of Midway; and for other purposes. SR 984. By Senator Kemp of the 3rd: A RESOLUTION congratulating the Midway Church and Society and the residents of Midway; and for other purposes. Senator Hamrick of the 30th asked unanimous consent that the following bill be withdrawn from the Senate Special Judiciary Committee and committed to the Senate Judiciary Committee: HB 1335. By Representatives Boggs of the 145th, Greene of the 134th, Crawford of the 91st and Walker of the 115th: A BILL 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; and for other purposes. The consent was granted, and HB 1335 was committed to the Senate Judiciary Committee. Senator Clay of the 37th asked unanimous consent that the following bill be withdrawn 1676 FRIDAY, MARCH 19, 2004 1671 from the Senate Special Judiciary Committee and committed to the Senate Judiciary Committee: HB 869. By Representatives Coleman of the 118th, Jenkins of the 93rd and Stephenson of the 60th, Post 1: A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to repeal certain additional charges on criminal and civil filings and proceedings; to repeal Code Section 15-6-77.4, relating to an additional divorce case filing fee for the Children's Trust Fund; to repeal Code Section 14-9-60.1, relating to an additional marriage license fee for the Children's Trust Fund; to repeal Article 4 of Chapter 21, the "Peace Officer and Prosecutor Training Fund of 1983"; to repeal Article 7 of Chapter 21, relating to the compensation to victims of violators of driving under the influence statute; to repeal Code Section 15-21-149; to repeal Code Section 15-21-150; to repeal Code Section 15-21-151; to repeal Code Section 15-21-152; and for other purposes. The consent was granted, and HB 869 was committed to the Senate Judiciary Committee. SENATE RULES CALENDAR FRIDAY, MARCH 19, 2004 THIRTY-FOURTH LEGISLATIVE DAY HB 1083 Solid waste management; permitting of facilities; certain prohibition (NR&E-18th) Ray-108th HB 1118 Public officers and employees; payroll deductions; Higher Education Savings Plan (FIN-4th) McBee-74th HB 1089 Office of Treasury and Fiscal Services; additional powers and duties (FIN-49th) Royal-140th HB 1415 Hotel-motel tax; create review board; amend certain provisions (FIN-53rd) Channell-77th HB 239 County jail inmates; earned time allowances (Amendment) (PS&HS-28th) Lunsford-85th HB 1253 Special license plates; Medal of Honor; surviving spouse retain (PS&HS-28th) Lunsford-85th 1677 1672 JOURNAL OF THE SENATE HB 217 Seat belts; child restraints; change age (Substitute) (PS&HS-56th) Burkhalter-36th Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 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. Senate Sponsor: Senator Tolleson of the 18th. 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 Cagle Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison E Harp Y Henson Y Hill E Hooks N Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt E Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa 1678 FRIDAY, MARCH 19, 2004 1673 On the passage of the bill, the yeas were 46, nays 1. HB 1083, having received the requisite constitutional majority, was passed. Senator Smith of the 52nd asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused. 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. 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 Y Butler Y Cagle Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Hamrick Y Harbison E Harp Y Henson Y Hill E Hooks Y Hudgens Y Jackson E Johnson Y Kemp,B Y Kemp,R Y Lamutt E Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa 1679 1674 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 48, nays 0. HB 1118, having received the requisite constitutional majority, was passed. HB 1089. By Representatives Royal of the 140th and O`Neal of the 117th: A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for additional powers and duties of the Office of Treasury and Fiscal Services; to provide for the lending certain securities by the director of such office; to provide that certain securities lending transactions shall constitute authorized investments by the Georgia State Financing and Investment Commission and the Georgia Environmental Facilities Authority; and for other purposes. Senate Sponsor: Senator Cagle of the 49th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison E Harp Y Henson Y Hill E Hooks Y Hudgens Y Jackson E Johnson Y Kemp,B Y Kemp,R Y Lamutt E Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 50, nays 1. 1680 FRIDAY, MARCH 19, 2004 1675 HB 1089, having received the requisite constitutional majority, was passed. Senator Mullis of the 53rd asked unanimous consent that HB 1415 be dropped to the foot of the Rules Calendar. The consent was granted and HB 1415 was dropped to the foot of the Rules Calendar. Senator Kemp of the 46th introduced the State of Georgia's 2004 Teacher of the Year, Colonel Robert Guy, commended by SR 974 adopted previously. Colonel Guy addressed the Senate briefly. Senator Seabaugh of the 28th asked unanimous consent that HB 239 be dropped to the foot of the Rules Calendar. The consent was granted and HB 239 was dropped to the foot of the Rules Calendar. Senator Tate of the 38th recognized the Benjamin E. Mays High School basketball team, Class AAAA State Champions. Coach Floyd Mack, Sr. addressed the Senate briefly. The Calendar was resumed. HB 1253. By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Smyre of the 111th, Westmoreland of the 86th, Mosby of the 59th, Post 3 and others: A BILL to amend Code Section 40-2-68 of the Official Code of Georgia Annotated, relating to special license plates for Medal of Honor winners, so as to provide that the surviving spouse of a person who has been issued Medal of Honor special license plates may retain and continue to display the plates; and for other purposes. Senate Sponsor: Senator Seabaugh of the 28th. Senator Cagle of the 49th moved that HB 1253 be placed on the Table. Senator Seabaugh of the 28th objected. On the motion, a roll call was taken, and the vote was as follows: N Adelman N Balfour N Blitch Y Bowen N Harbison E Harp N Henson Hill Y Seay N Shafer N Smith,F N Smith,P 1681 1676 JOURNAL OF THE SENATE Y Brown N Brush Y Bulloch N Butler Y Cagle N Cheeks Y Clay N Collins N Crotts N Dean N Fort Y Gillis Y Golden N Hall Y Hamrick E Hooks N Hudgens Y Jackson E Johnson N Kemp,B N Kemp,R Lamutt E Lee Y Levetan Y Me V Bremen Y Moody N Mullis N Price Reed N Seabaugh N Squires Y Starr N Stephens N Stokes Tanksley N Tate N Thomas,D N Thomas,N Thomas,R Y Thompson N Tolleson N Unterman Y Williams Y Zamarripa On the motion, the yeas were 17, nays 30; the motion lost, and HB 1253 was not placed on the Table. Senators Harbison of the 15th and Reed of the 35th offered the following amendment # 1: Amend HB 1253 by striking lines 1 and 2 of page 1 and inserting in their place the following: "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 that the surviving spouse of a person". By adding "to provide effective dates;" following "matters;" on line 4 of page 1. By striking lines 7 through 9 and inserting in their place the following: "SECTION 1. 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, is amended by adding a new Code Section 40-2-86.9 to read as follows: '40-2-86.9. (a) There shall be issued special license plates recognizing and honoring current duespaid members of Omega Psi Phi Fraternity, Inc., subject to the conditions set forth in this Code section. (b) The commissioner, in cooperation with Omega Psi Phi Fraternity, Inc., shall design 1682 FRIDAY, MARCH 19, 2004 1677 special distinctive license plates appropriate for purposes of this Code section. The license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. Any person may request the assignment of the first of 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Notwithstanding the provisions of subsection (b) of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required to implement this Code section. The design of the initial edition of the Omega Psi Phi Fraternity Inc., license plates, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning in calendar year 2005, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, presenting satisfactory proof of current dues-paid membership in Omega Psi Phi Fraternity, Inc., and payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued an Omega Psi Phi Fraternity, Inc., license plate. Revalidation decals shall be issued for Omega Psi Phi Fraternity, Inc., license plates in the same manner as provided for general issue license plates with the additional requirement that satisfactory proof of current dues-paid membership in Omega Psi Phi Fraternity, Inc., must be provided at time of renewal in order to remain eligible to display such license plate. (e) An applicant may request an Omega Psi Phi Fraternity, Inc., license plate at any time during the applicants registration period. If such a license plate is to replace a current valid license plate, the Omega Psi Phi Fraternity, Inc., license plate shall be issued with appropriate decals attached. (f) No special license plate authorized pursuant to this Code section shall be issued except upon the receipt by the department of at least 1,000 applications. The special license plate shall have an application period of two years after the effective date of this Code section for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. 1683 1678 JOURNAL OF THE SENATE (g) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31. A current registrant and dues-paid member of Omega Psi Phi Fraternity, Inc., may continue to renew such special license plate during such persons annual registration period upon payment of an additional $25.00 annual special license plate fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31, the Omega Psi Phi Fraternity, Inc., shall be required again to obtain 1,000 applications accompanied by the manufacturing fee for the department to continue to manufacture the license plate. (h) License plates issued under this Code section shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (i) License plates under this Code section shall be issued within 30 days of application once the requirements of this Code section have been met.' SECTION 2. Said article is further amended by striking subsection (a) of Code Section 40-2-68, relating to special license plates for Medal of Honor winners, and inserting in its place the". By striking line 20 of page 1 and inserting in its place the following: "SECTION 3. Section 1 of this Act shall become effective on January 1, 2005. The remaining sections of this Act shall become effective on July 1, 2004. SECTION 4." On the adoption of the amendment, the yeas were 31, nays 1, and the Harbison, Reed amendment # 1 was adopted. Senator Zamarripa of the 36th moved that HB 1253 be placed on the Table. On the motion, a roll call was taken, and the vote was as follows: Y Adelman N Balfour N Blitch Y Bowen Harbison E Harp Y Henson Hill Y Seay N Shafer Y Smith,F N Smith,P 1684 FRIDAY, MARCH 19, 2004 1679 Y Brown N Brush Y Bulloch Y Butler N Cagle Cheeks N Clay N Collins N Crotts N Dean N Fort Y Gillis Y Golden N Hall N Hamrick E Hooks N Hudgens Y Jackson E Johnson N Kemp,B Y Kemp,R Lamutt E Lee Y Levetan Y Me V Bremen Y Moody N Mullis N Price Y Reed N Seabaugh N Squires Y Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N Thomas,R Y Thompson N Tolleson N Unterman Williams Y Zamarripa On the motion, the yeas were 23, nays 23; the motion lost, and HB 1253 was not placed on the Table. Senators Smith of the 52nd, Seabaugh of the 28th, Unterman of the 45th, Hamrick of the 30th, Stephens of the 51st and others offered the following amendment # 2: Amend HB 1253 by striking lines 1 through 5 on page 1 and inserting in their places the following: "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 display of Medal of Honor special license plates by surviving spouses; to provide for special license plates bearing the Choose Life logo and promoting crisis pregnancy centers and nonprofit adoption agencies; to provide for related matters; to repeal conflicting laws; and for other purposes." By striking lines 8 through 10 of page 1 and inserting in their places the following: "Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-68, relating to special license plates for Medal of Honor winners, and inserting in its place the following:". By adding after line 19 of page 1 the following: "SECTION 2. Said chapter is further amended by adding a new Code Section 40-2-86.9 to read as follows: 1685 1680 JOURNAL OF THE SENATE '40-2-86.9. (a) In order to promote crisis pregnancy centers and nonprofit adoption agencies and activities directly in support thereof, there shall be issued beginning January 1, 2005, special license plates bearing the Choose Life logo, subject to the conditions set forth in this Code section. (b) The commissioner shall design special distinctive license plates bearing the Choose Life logo. The license plates shall be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. Such design shall not provide space in which to indicate the name of the county of issuance. An organization may request the assignment of the first 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Notwithstanding the provisions of subsection (b) of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received any licenses or other permissions that may be required to implement this Code section. The design of the initial edition of the license plates, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning in calendar year 2005, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a license plate bearing the Choose Life logo. Revalidation decals shall be issued for such license plates in the same manner as provided for general issue license plates. (e)(1) From the additional $25.00 fee charged for the issuance and renewal of the license plates authorized under this Code section, $2.00 shall be used by the department for manufacturing and purchase costs, $13.00 shall be paid to the general fund of the state treasury, and $10.00 shall be exclusively dedicated for the purpose of assisting crisis pregnancy centers and nonprofit adoption agencies, which centers and agencies do not refer women for pregnancy termination, pursuant to Article III, Section IX, Paragraph VI(n) of the Constitution. Such dedicated funds shall be appropriated for such purpose to the Department of Human Resources or such other public agency as may be specified in the general or amended general appropriations 1686 FRIDAY, MARCH 19, 2004 1681 Act. The agency or organization ultimately making use of such funds shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. Any audit performed under Chapter 6 of Title 50 shall meet this auditing requirement. If an audit demonstrates that the funds are not being used for the purposes set forth in this Code section or if the required audit or evidence is not provided to the commissioner, then the commissioner shall so notify the House and Senate Appropriations Committees. Any funds appropriated pursuant to this Code section shall not lapse. (2) Subject to the general appropriations process, it is the intent of the General Assembly in the enactment of this Code section that the funds dedicated by this subsection be made available for the ultimate use of a nonprofit organization. Subject to the general appropriations process and the audit requirements of this Code section, it is contemplated that such dedicated funds will be for the ultimate use of crisis pregnancy centers and nonprofit adoption agencies, which centers and agencies do not refer women for pregnancy termination, if the General Assembly finds that the license plate program and appropriation authorized by this Code section will benefit both the state and the nonprofit organization having the ultimate use of the dedicated funds. (f) An applicant may request a Choose Life license plate any time during the applicants registration period. If such a license plate is to replace a current valid license plate, the Choose Life license plate shall be issued with appropriate decals attached. (g) No special license plate authorized pursuant to this Code section shall be issued except upon the application of at least 1,000 applications. The special license plate shall have an application period of two years after January 1, 2005, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (h) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31, manufacture of the license plates shall not be continued until the commissioner receives 1,000 applications. (i) Choose Life license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (j) Choose Life license plates shall be issued within 30 days of application once the requirements of this Code section have been met.'" 1687 1682 JOURNAL OF THE SENATE By redesignating Section 2 as Section 3. Senator Thompson of the 33rd offered the following amendment # 2a: Amend amendment #2 to HB 1253 by striking in every place in HB 1253 that uses the words "Choose Life", and insert in lieu thereof the words "Adopt A Child". Senators Butler of the 55th, Adelman of the 42nd, Henson of the 41st, Seay of the 34th and Thomas of the 10th offered the following amendment # 2b: Amend amendment #2 (AM 31 0107) to HB 1253 by striking the following from page 2, lines 21-23: "crisis pregnancy centers and nonprofit adoption agencies, which centers and agencies do not refer women for pregnancy termination" and replacing it with: "nonprofit adoption agencies" Senator Seabaugh of the 28th asked the President to rule amendment # 2a out of order. The President ruled amendment # 2a in order. On the adoption of the amendment, the yeas were 36, nays 0, and the Thompson amendment # 2a to the Smith of the 52nd amendment # 2 was adopted. On the adoption of the amendment, the yeas were 25, nays 6, and the Butler, et al. amendment # 2b to the Smith of the 52nd amendment # 2 was adopted. Senator Thomas of the 10th moved that the Senate adjourn. Senator Seabaugh of the 28th objected. On the motion, a roll call was taken, and the vote was as follows: N Adelman N Balfour N Blitch N Bowen N Brown N Brush N Bulloch Y Butler N Cagle N Harbison E Harp N Henson N Hill E Hooks N Hudgens N Jackson E Johnson N Kemp,B N Seay N Shafer N Smith,F N Smith,P N Squires N Starr N Stephens Y Stokes N Tanksley 1688 FRIDAY, MARCH 19, 2004 1683 N Cheeks N Clay N Collins N Crotts N Dean N Fort N Gillis Y Golden N Hall N Hamrick N Kemp,R Lamutt E Lee N Levetan N Me V Bremen N Moody N Mullis N Price N Reed N Seabaugh N Tate N Thomas,D Y Thomas,N Thomas,R N Thompson N Tolleson N Unterman N Williams N Zamarripa On the motion to adjourn the yeas were 4, nays 46; and the motion to adjourn lost. On the adoption of the amendment, The President ordered a roll call, and the vote was as follows: N Adelman Y Balfour Y Blitch Y Bowen N Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick Harbison E Harp N Henson Y Hill E Hooks Y Hudgens Y Jackson E Johnson Y Kemp,B Y Kemp,R Lamutt E Lee Levetan Y Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh N Seay Y Shafer Y Smith,F Y Smith,P N Squires Y Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D Y Thomas,N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa On the adoption of the amendment, the yeas were 37, nays 11, and the Smith of the 52nd, et al. amendment # 2 was adopted as amended. Senators Thomas of the 10th, Butler of the 55th, Seay of the 34th, Tate of the 38th, Brown of the 26th and others offered the following amendment # 3: Amend HB 1253 by striking lines 1 and 2 of page 1 and inserting in lieu thereof the 1689 1684 JOURNAL OF THE SENATE following: "To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that the surviving spouse of a person". By inserting on line 4 of page 1 following the word and symbol "plates;" the following: "to provide for a special license plate promoting family and freedom of choice;". By striking lines 8 and 9 of page 1 and inserting in lieu thereof the following: "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, is amended by striking subsection (a) of Code Section 40-2-68, relating to special license plates for Medal of Honor winners, and inserting in lieu thereof the". By inserting immediately following line 20 of page 1 the following: "Said article is further amended by inserting after Code Section 40-2-86.8 a new Code section to read as follows: '40-2-86.9. (a) There shall be issued beginning January 1, 2005, special license plates promoting the Pro Family Pro Choice message, subject to the conditions set forth in this Code section. (b) The commissioner shall design special distinctive license plates appropriate to promote the Pro Family Pro Choice message. The license plates shall be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. A Pro Family Pro Choice organization may request the assignment of the first 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Notwithstanding the provisions of subsection (b) of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received any licenses or other permissions that may be required to implement this Code section. The design of the initial edition of the license plates, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or 1690 FRIDAY, MARCH 19, 2004 1685 otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning in calendar year 2005, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a license plate promoting the Pro Family Pro Choice message. Revalidation decals shall be issued for such license plates in the same manner as provided for general issue license plates. (e) From the additional $25.00 fee charged for the issuance and renewal of the license plates authorized under this Code section, $2.00 shall be used by the department for manufacturing and purchase costs, $13.00 shall be paid to the general fund of the state treasury, and $10.00 shall be exclusively dedicated for the purpose of assisting state supported adoption agencies and foster care services, pursuant to Article III, Section IX, Paragraph VI(n) of the Constitution. Such dedicated funds shall be appropriated for such purpose to the Department of Human Resources or such other public agency as may be specified in the general or amended general appropriations Act. The agency or organization ultimately making use of such funds shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. Any audit performed under Chapter 6 of Title 50 shall meet this auditing requirement. If an audit demonstrates that the funds are not being used for the purposes set forth in this Code section or if the required audit or evidence is not provided to the commissioner, then the commissioner shall so notify the House and Senate Appropriations Committees. Any funds appropriated pursuant to this Code section shall not lapse. (f) An applicant may request a Pro Family Pro Choice license plate any time during the applicants registration period. If such a license plate is to replace a current valid license plate, the Pro Family Pro Choice license plate shall be issued with appropriate decals attached. (g) No special license plate authorized pursuant to this Code section shall be issued except upon the application of at least 1,000 applications. The special license plate shall have an application period of two years after January 1, 2005, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (h) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-231. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the 1691 1686 JOURNAL OF THE SENATE special license plate falls below 500 active registrations at any time during the fiveyear period as provided in subsection (b) of Code Section 40-2-31, manufacture of the license plates shall not be continued until the commissioner receives 1,000 applications. (i) Pro Family Pro Choice license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (j) Pro Family Pro Choice license plates shall be issued within 30 days of application once the requirements of this Code section have been met.' SECTION 3." 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 E Harp Y Henson N Hill E Hooks N Hudgens Jackson E Johnson N Kemp,B Y Kemp,R Lamutt E 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 N Squires Y Starr N Stephens Y Stokes N Tanksley Y Tate N Thomas,D Y Thomas,N Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 22, nays 27, and the Thomas of the 10th, et al. amendment # 3 was lost. Senator Meyer von Bremen of the 12th offered the following amendment # 4: Amend HB 1253 by adding the following language: 1692 FRIDAY, MARCH 19, 2004 1687 SECTION 3 Code Section 40-2-60 of the Official Code of Georgia relating to special or prestige license plates for motor vehicles in Georgia by adding a new subsection as follows after current subsection (d): (e) Each prestige or special license plate issued under this Code Section after December 31, 2005 shall display the name of the county from which such tag is purchased or renewed. Senator Smith of the 52nd offered the following amendment # 4a: Amend amendment #4 to HB 1253 by inserting on page 1, line 15 before the period the words "on the license plate decal". Senator Smith of the 52nd asked unanimous consent that his amendment # 4a be withdrawn. The consent was granted, and the amendment was withdrawn. Senator Smith of the 52nd offered the following amendment # 4b: Amend Amendment #4 to HB 1253 by inserting on page 1, line 15 before the period the words "on the license plate renewal decal" On the adoption of the amendment, the yeas were 33, nays 1, and the Smith of the 52nd amendment # 4b to the Meyer von Bremen amendment # 4 was adopted. On the adoption of the amendment, the yeas were 34, nays 3, and the Meyer von Bremen amendment # 4 was adopted as amended. Senator Seabaugh of the 28th offered the following amendment # 5: Amend HB 1253 by striking lines 1 through 5 on page 1 and inserting in their places the following: "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 display of Medal of Honor special license plates by surviving spouses; to provide for special license plates bearing the Adopt A Child logo and promoting crisis pregnancy centers and nonprofit adoption agencies; to provide for related matters; to repeal conflicting laws; and for other purposes." By striking lines 8 through 10 of page 1 and inserting in their places the following: "Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-68, relating to 1693 1688 JOURNAL OF THE SENATE special license plates for Medal of Honor winners, and inserting in its place the following:". By adding after line 19 of page 1 the following: "SECTION 2. Said chapter is further amended by adding a new Code Section 40-2-86.9 to read as follows: '40-2-86.9. (a) In order to promote crisis pregnancy centers and nonprofit adoption agencies and activities directly in support thereof, there shall be issued beginning January 1, 2005, special license plates bearing the Adopt A Child logo, subject to the conditions set forth in this Code section. (b) The commissioner shall design special distinctive license plates bearing the Adopt A Child logo. The license plates shall be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. Such design shall not provide space in which to indicate the name of the county of issuance. An organization may request the assignment of the first 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Notwithstanding the provisions of subsection (b) of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received any licenses or other permissions that may be required to implement this Code section. The design of the initial edition of the license plates, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning in calendar year 2005, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a license plate bearing the Adopt A Child logo. Revalidation decals shall be issued for such license plates in the same manner as provided for general issue license plates. (e)(1) From the additional $25.00 fee charged for the issuance and renewal of the 1694 FRIDAY, MARCH 19, 2004 1689 license plates authorized under this Code section, $2.00 shall be used by the department for manufacturing and purchase costs, $13.00 shall be paid to the general fund of the state treasury, and $10.00 shall be exclusively dedicated for the purpose of assisting crisis pregnancy centers and nonprofit adoption agencies, which centers and agencies do not refer women for pregnancy termination, pursuant to Article III, Section IX, Paragraph VI(n) of the Constitution. Such dedicated funds shall be appropriated for such purpose to the Department of Human Resources or such other public agency as may be specified in the general or amended general appropriations Act. The agency or organization ultimately making use of such funds shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. Any audit performed under Chapter 6 of Title 50 shall meet this auditing requirement. If an audit demonstrates that the funds are not being used for the purposes set forth in this Code section or if the required audit or evidence is not provided to the commissioner, then the commissioner shall so notify the House and Senate Appropriations Committees. Any funds appropriated pursuant to this Code section shall not lapse. (2) Subject to the general appropriations process, it is the intent of the General Assembly in the enactment of this Code section that the funds dedicated by this subsection be made available for the ultimate use of a nonprofit organization. Subject to the general appropriations process and the audit requirements of this Code section, it is contemplated that such dedicated funds will be for the ultimate use of crisis pregnancy centers and nonprofit adoption agencies, which centers and agencies do not refer women for pregnancy termination, if the General Assembly finds that the license plate program and appropriation authorized by this Code section will benefit both the state and the nonprofit organization having the ultimate use of the dedicated funds. (f) An applicant may request an Adopt A Child license plate any time during the applicants registration period. If such a license plate is to replace a current valid license plate, the Adopt A Child license plate shall be issued with appropriate decals attached. (g) No special license plate authorized pursuant to this Code section shall be issued except upon the application of at least 1,000 applications. The special license plate shall have an application period of two years after January 1, 2005, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (h) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its 1695 1690 JOURNAL OF THE SENATE inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31, manufacture of the license plates shall not be continued until the commissioner receives 1,000 applications. (i) Adopt A Child license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (j) Adopt A Child license plates shall be issued within 30 days of application once the requirements of this Code section have been met.'" By redesignating Section 2 as Section 3. Senator Seabaugh of the 28th offered the following amendment # 5a: Amend Amendment #5 (AM 14 0688) to HB 1253 by striking the words "Adopt A Child" each place they appear and inserting in lieu thereof in each such place the words "Choose Life" and, where appropriate, by changing the introductory article prior to such words from "an" to "a" On the adoption of the amendment, Senator Smith of the 52nd called for the yeas and nays; the call was sustained, and the vote was as follows: N Adelman Y Balfour Y Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison E Harp N Henson Y Hill E Hooks Y Hudgens Y Jackson E Johnson Y Kemp,B Y Kemp,R Lamutt E Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh N Seay Y Shafer Smith,F Y Smith,P N Squires Y Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D Y Thomas,N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa On the adoption of the amendment, the yeas were 35, nays 14, and the Seabaugh amendment # 5a to the Seabaugh amendment # 5 was adopted. 1696 FRIDAY, MARCH 19, 2004 1691 The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 March 19, 2004 The Honorable Frank Eldridge Secretary of the Senate State Capitol Atlanta, Georgia 30334 Dear Mr. Secretary: This letter is to officially notify you that in voting on Amendment AM 14 0688 to HB 1253 today, March 19, 2004, I inadvertently voted yes when I intended to vote no. I would like for my vote on the Amendment to HB 1253 to be entered into record as "NO". Sincerely, /s/ Nadine Thomas On the adoption of the amendment, the President ordered a roll call, 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 Y Golden Y Harbison E Harp N Henson Y Hill E Hooks Y Hudgens Y Jackson E Johnson Y Kemp,B Y Kemp,R Lamutt E Lee N Levetan Y Me V Bremen Y Moody Y Mullis Y Price N Seay Y Shafer Y Smith,F Y Smith,P N Squires Y Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D Thomas,N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams 1697 1692 JOURNAL OF THE SENATE Y Hall Y Hamrick N Reed Y Seabaugh N Zamarripa On the adoption of the amendment, the yeas were 36, nays 13, and the Seabaugh amendment # 5 was adopted as amended. Senators Thomas of the 10th and Butler of the 55th offered the following amendment # 6 to HB 1253 as follows: By inserting immediately between lines 19 and 20 of page 1 the following new section: "SECTION 1A. 40-2-86.10 (a) To promote the profession of nursing and nursing education, there shall be issued beginning in 2005 special license plates to promote the nursing. (b) The commissioner shall prepare special distinctive license plates of a design. The special license plate must be of the same size and general design of general issue motor vehicle license plates; such plates shall include a unique identifying number, whereby the total characters do not exceed the sum of six, provided that no two recipients receive identical plates. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code Section. (c) Beginning in calendar year 2005, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee, shall be issued such a special license plate within 30 days of application for such special license plate. Special license plates issued under this Code Section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. (d) The commissioner shall retain all applications for such special license plates until a minimum of 500 applications has been received. If the commissioner does not receive the required minimum of 500 applications no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued, and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in this article. (e) The license plate issued pursuant to this Code Section shall be transferred between vehicles as provided in Code Section 40-2-80." On the adoption of the amendment, Senator Thomas of the 10th called for the yeas and nays; the call was sustained, and the vote was as follows: 1698 FRIDAY, MARCH 19, 2004 1693 Y Adelman Y Balfour Y Blitch Y Bowen Y Brown N Brush Y Bulloch Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison E Harp Y Henson Y Hill E Hooks Y Hudgens Y Jackson E Johnson Y Kemp,B Y Kemp,R Lamutt E Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay N Shafer Y Smith,F Y Smith,P N Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the amendment, the yeas were 46, nays 3, and the Thomas of the 10th, Butler amendment # 6 was adopted. The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 March 19, 2004 The Honorable Frank Eldridge Secretary of the Senate Atlanta, GA 30334 Dear Frank: I request your assistance in changing my vote on Amendment #6 to HB 1253 to YES as my machine malfunctioned and I was unable to change the red light to green. Thank you for your assistance. Sincerely, /s/ Joey Brush 1699 1694 JOURNAL OF THE SENATE Senator Mullis of the 53rd offered the following substitute to HB 1253: 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 prominently displaying an image of the flag of the United States; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide that the surviving spouse of a person who has been issued Medal of Honor special license plates may retain and continue to display the plates; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking subsection (a) of Code Section 40-2-68, relating to special license plates for Medal of Honor winners, and inserting in its place a new subsection (a) to read as follows: "(a) Motor vehicle owners who have been awarded the Medal of Honor and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued two distinctive personalized license plates free of charge. Such license plates shall be fastened to both the front and the rear of the vehicle. Such license plates shall be transferred to another vehicle as provided in Code Section 40-2-80. In the event of the death of the person who received the special license plates pursuant to this Code section, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, his or her surviving spouse may retain the special license plates and continue to display such plates on the vehicle." SECTION 2. Said chapter is further amended by adding a new Code section immediately following Code Section 40-2-86.8, to be designated Code Section 40-2-86.9, to read as follows: "40-2-86.9. (a) There shall be issued beginning in 2005 special and distinctive vehicle license plates prominently displaying an image of the flag of the United States, subject to the conditions set forth in this Code section. (b) The commissioner shall design special and distinctive license plates prominently displaying an image of the flag of the United States. The license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the 1700 FRIDAY, MARCH 19, 2004 1695 special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. Such design shall not provide space in which to indicate the name of the county of issuance but shall instead display the phrase 'Proud To Be An American.' (c) The commissioner shall provide for the design of the special license plates, which design, excepting only the image of the United States flag and the slogan, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law and no person shall reproduce or otherwise use such design, except as authorized by the commissioner. (d) Beginning in calendar year 2005, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a license plate prominently displaying an image of the flag of the United States. Revalidation decals shall be issued for such license plates in the same manner as provided for general issue license plates. (e) An applicant may request a license plate prominently displaying an image of the flag of the United States at any time during the applicants registration period. If such a license plate is to replace a current valid license plate, such license plate shall be issued with appropriate decals attached. (f) No special license plate authorized pursuant to this Code section shall be issued except upon the receipt by the department of at least 1,000 applications. The special license plate shall have an application period of two years after the effective date of this Code section, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (g) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31, the department must receive 1,000 applications accompanied by the manufacturing fee to continue to manufacture the license plate. (h) United States flag license plates shall be transferred from one vehicle to another 1701 1696 JOURNAL OF THE SENATE vehicle in accordance with the provisions of Code Section 40-2-80. (i) United States flag license plates shall be issued within 30 days of application once the requirements of this Code section have been met." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd asked unanimous consent that his floor substitute be withdrawn. The consent was granted, and the substitute was withdrawn. Pursuant to Senate Rule 143, action on HB 1253 was suspended, and HB 1253 was placed on the Senate General Calendar. Senator Stephens of the 51st moved that the Senate stand adjourned pursuant to HR 1575, until 10:00 a.m., Monday, March 22, 2004; the motion prevailed, and at 1:45 p.m., the President announced the Senate adjourned. 1702 MONDAY, MARCH 22, 2004 1697 Senate Chamber, Atlanta, Georgia Monday, March 22, 2004 Thirty-fifth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Hall of the 22nd 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 and Senate: HB 1762. By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1: A BILL to provide for a homestead exemption from certain Fannin 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 1764. By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1: A BILL to provide for a homestead exemption from Fannin County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that school district who are 70 years of age or older; and for other purposes. 1703 1698 JOURNAL OF THE SENATE HB 1776. By Representatives Parsons of the 29th, Stoner of the 34th, Post 1, Wilkinson of the 41st, Franklin of the 17th, Wix of the 33rd, Post 1 and others: A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; and for other purposes. HB 1777. By Representatives Oliver of the 121st, Post 2 and Barnard of the 121st, Post 1: A BILL to create the Jeff Davis County Public Facilities Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; and for other purposes. HB 1780. By Representatives Purcell of the 122nd and Stephens of the 123rd: A BILL to amend an Act reincorporating the City of Guyton in the County of Effingham, so as to annex certain territory into the city and change the corporate limits of the city; and for other purposes. HB 1781. By Representatives Purcell of the 122nd and Stephens of the 123rd: A BILL to amend an Act reincorporating the City of Guyton in the County of Effingham, so as to annex certain territory into the city and change the corporate limits of the city; and for other purposes. HB 1782. By Representatives Williams of the 4th, Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1: A BILL to provide a homestead exemption from City of Dalton independent school district ad valorem taxes for educational purposes in the amount of $150,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or over; and for other purposes. 1704 MONDAY, MARCH 22, 2004 1699 HB 1783. By Representatives Williams of the 4th, Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1: A BILL to provide for a homestead exemption from City of Dalton ad valorem taxes for municipal purposes in the amount of $150,000.00 of the assessed value of the homestead for residents of that city who are 70 years of age or over; and for other purposes. HB 1784. By Representatives Porter of the 119th and Coleman of the 118th: A BILL to amend an Act providing a charter for the City of East Dublin, so as to change the corporate limits of the city; and for other purposes. HB 1786. By Representatives Lucas of the 105th, Randall of the 107th and Graves of the 106th: A BILL to provide for the creation of one or more community improvement districts in the City of Macon; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; and for other purposes. HB 1787. By Representatives Harbin of the 80th and Fleming of the 79th: A BILL to amend an Act to provide for the election of the members of the board of education of Columbia County, so as to provide for the holding of a nonbinding referendum in the Columbia County School District in conjunction with the 2004 General Election on the question of whether the chairperson of the Columbia County Board of Education should be elected by the voters of the entire Columbia County School District; and for other purposes. HB 1788. By Representatives Birdsong of the 104th, Parham of the 94th, Jenkins of the 93rd and Lucas of the 105th: A BILL to amend an Act creating a new charter for the City of Gray, so as to change the corporate limits of that city; and for other purposes. HB 1789. By Representatives Hanner of the 133rd and Rynders of the 137th: A BILL to create the Lee County Parks and Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate golf courses and associated facilities and athletic and recreational centers, facilities, and areas; and for other purposes. 1705 1700 JOURNAL OF THE SENATE 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. 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. 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. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1577. By Representatives Brown of the 89th, Epps of the 90th and Smith of the 110th: A RESOLUTION urging the members of the board of commissioners of Troup County and the Troup County Board of Education to bring to an amicable close their dispute concerning the collection of ad valorem taxes; and for other purposes. 1706 MONDAY, MARCH 22, 2004 1701 The following Senate legislation was introduced, read the first time and referred to committee: SR 989. By Senator Seabaugh of the 28th: A RESOLUTION creating the Senate Study Committee on Excavation Safety; and for other purposes. Referred to the Regulated Industries and Utilities Committee. The following House legislation was read the first time and referred to committee: HB 1762. By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1: A BILL to provide for a homestead exemption from certain Fannin 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 1764. By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1: A BILL to provide for a homestead exemption from Fannin County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain 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 1776. By Representatives Parsons of the 29th, Stoner of the 34th, Post 1, Wilkinson of the 41st, Franklin of the 17th, Wix of the 33rd, Post 1 and others: A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1707 1702 JOURNAL OF THE SENATE HB 1777. By Representatives Oliver of the 121st, Post 2 and Barnard of the 121st, Post 1: A BILL to create the Jeff Davis County Public Facilities Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1780. By Representatives Purcell of the 122nd and Stephens of the 123rd: A BILL to amend an Act reincorporating the City of Guyton in the County of Effingham, so as to annex certain territory into the city and change the corporate limits of the city; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1781. By Representatives Purcell of the 122nd and Stephens of the 123rd: A BILL to amend an Act reincorporating the City of Guyton in the County of Effingham, so as to annex certain territory into the city and change the corporate limits of the city; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1782. By Representatives Williams of the 4th, Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1: A BILL to provide a homestead exemption from City of Dalton independent school district ad valorem taxes for educational purposes in the amount of $150,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or over; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1783. By Representatives Williams of the 4th, Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1: A BILL to provide for a homestead exemption from City of Dalton ad valorem 1708 MONDAY, MARCH 22, 2004 1703 taxes for municipal purposes in the amount of $150,000.00 of the assessed value of the homestead for residents of that city who are 70 years of age or over; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1784. By Representatives Porter of the 119th and Coleman of the 118th: A BILL to amend an Act providing a charter for the City of East Dublin, so as to change the corporate limits of the city; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1786. By Representatives Lucas of the 105th, Randall of the 107th and Graves of the 106th: A BILL to provide for the creation of one or more community improvement districts in the City of Macon; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1787. By Representatives Harbin of the 80th and Fleming of the 79th: A BILL to amend an Act to provide for the election of the members of the board of education of Columbia County, so as to provide for the holding of a nonbinding referendum in the Columbia County School District in conjunction with the 2004 General Election on the question of whether the chairperson of the Columbia County Board of Education should be elected by the voters of the entire Columbia County School District; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1788. By Representatives Birdsong of the 104th, Parham of the 94th, Jenkins of the 93rd and Lucas of the 105th: A BILL to amend an Act creating a new charter for the City of Gray, so as to change the corporate limits of that city; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1709 1704 JOURNAL OF THE SENATE HB 1789. By Representatives Hanner of the 133rd and Rynders of the 137th: A BILL to create the Lee County Parks and Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate golf courses and associated facilities and athletic and recreational centers, facilities, and areas; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 1577. By Representatives Brown of the 89th, Epps of the 90th and Smith of the 110th: A RESOLUTION urging the members of the board of commissioners of Troup County and the Troup County Board of Education to bring to an amicable close their dispute concerning the collection of ad valorem taxes; 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 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 274 Do Pass as amended Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HR 1343 Do Pass Respectfully submitted, Senator Balfour of the 9th District, Chairman 1710 MONDAY, MARCH 22, 2004 1705 The following legislation was read the second time: HB 79 HB 158 HB 208 HB 210 HB 234 HB 328 HB 441 HB 472 HB 495 HB 539 HB 585 HB 617 HB 865 HB 918 HB 1069 HB 1107 HB 1141 HB 1155 HB 1158 HB 1159 HB 1161 HB 1174 HB 1175 HB 1182 HB 1185 HB 1194 HB 1195 HB 1248 HB 1258 HB 1265 HB 1266 HB 1285 HB 1331 HB 1348 HB 1359 HB 1391 HB 1394 HB 1410 HB 1416 HB 1450 HB 1451 HB 1499 HB 1507 HB 1511 HB 1512 HB 1529 HB 1555 HB 1608 SR 907 SR 942 Senator Kemp of the 3rd asked unanimous consent that Senator Blitch of the 7th be excused. The consent was granted, and Senator Blitch was excused. Senator Starr of the 44th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused. Senator Starr of the 44th 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 Hall of the 22nd asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused. Senator Mullis of the 53rd asked unanimous consent that Senator Moody of the 27th be excused. The consent was granted, and Senator Moody 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 Smith of the 25th asked unanimous consent that Senator Squires of the 5th be excused. The consent was granted, and Senator Squires was excused. Senator Crotts of the 17th asked unanimous consent that Senator Brush of the 24th be excused. The consent was granted, and Senator Brush was excused. Senator Seabaugh of the 28th asked unanimous consent that Senator Collins of the 6th be excused. The consent was granted, and Senator Collins was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Hamrick Harp Seabaugh Seay 1711 1706 JOURNAL OF THE SENATE Bowen Brown Butler Cagle Cheeks Clay Crotts Dean Gillis Hall Henson Hooks Hudgens Jackson Kemp,B Kemp,R Lamutt Levetan Mullis Price Smith,F Smith,P Starr Stokes Tanksley Tate Thomas,D Tolleson Williams Not answering were Senators: Blitch (Excused) Collins (Excused) Harbison Lee Reed Stephens Thompson (Excused) Brush (Excused) Fort Hill Meyer von Bremen (Excused) Shafer Thomas, N Unterman (Excused) Bulloch Golden (Excused) Johnson Moody (Excused) Squires (Excused) Thomas, R Zamarripa 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 Zamarripa The members pledged allegiance to the flag. The President introduced the chaplain of the day, Sergeant at Arms Matthew Hill of Atlanta, Georgia, who offered scripture reading and prayer. Senators Crotts of the 17th, Harp of the 16th and Hooks of the 14th introduced Jack King, President of the Columbus Chamber of Commerce and Mayor of Columbus, Georgia, Robert Poydasheff in honor of Columbus Day at the Capitol. Jack King and Mayor Poydasheff addressed the Senate briefly. The following resolutions were read and adopted: SR 985. By Senator Kemp of the 46th: A RESOLUTION honoring and remembering the life of Mr. Coy C. Williamson, Jr.; and for other purposes. 1712 MONDAY, MARCH 22, 2004 1707 SR 986. By Senator Kemp of the 46th: A RESOLUTION congratulating the Reverend and Mrs. Donald Lee Folsom on their 50 years in ministry; and for other purposes. SR 987. By Senators Stephens of the 51st and Thompson of the 33rd: A RESOLUTION commending Mr. Gerald Bryant; and for other purposes. Senator Stephens of the 51st introduced Mr. Gerald Bryant, commended by SR 987. Gerald Bryant addressed the Senate briefly. SR 988. By Senator Balfour of the 9th: A RESOLUTION commending the South Gwinnett High School Comets boys' basketball team on its 2004 Class AAAAA state championship; and for other purposes. Senator Bowen of the 13th introduced the doctor of the day, Dr. Howard McMahan. HB 183 SR 728 HB 1254 HB 366 HR 1341 HR 132 SENATE RULES CALENDAR MONDAY, MARCH 22, 2004 THIRTY-FIFTH LEGISLATIVE DAY Tattooing near the eye; prohibition; expand exception (H&HS-54th) Borders-142nd United States Congress; urge to make federal tax cuts permanent (RULES-48th) Railroad crossings; elimination; petition provisions (TRANS-17th) Channell-77th Teachers Retirement; reemployment of retired teachers (RET-47th) Coleman-65th Bruton Smith Parkway; designate (TRANS-17th) Barnes-84th Keith Kalland Connector; designate (TRANS-17th) Wilkinson-41st 1713 1708 JOURNAL OF THE SENATE HB 1253 HB 1415 HB 239 HB 1519 HB 1186 HB 1026 HR 1191 HR 398 HB 1358 HB 1549 HB 727 SR 661 HB 1382 HB 1137 HB 1263 Special license plates; Medal of Honor; surviving spouse retain (Amendments) (PS&HS-28th) Lunsford-85th (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 19, 2004.) Hotel-motel tax; create review board; amend certain provisions (FIN-53rd) Channell-77th County jail inmates; earned time allowances (Amendment) (PS&HS-28th) Lunsford-85th Common-sense Consumption Act; enact (JUDY-52nd) Porter-119th Farmers' markets; license to sell; suspension; prohibition (AG&CA-11th) Crawford-91st Public officers and employees; certain property and records; preservation (SI&P-44th) Buckner-82nd Purple Heart Highway; designate (TRANS-29th) Smith-110th Purple Heart Highway; designate portion of State Route 232 (TRANS-23rd) Harbin-80th Public records disclosure; minors; redact identifying information (JUDY-37th) Martin-37th Special license plates; Rotary International (PS&HS-54th) Bridges-7th River and harbor development; disposal of sand and sediment (NR&E-1st) Day-126th Academic Bill of Rights at Georgia private and public universities; observance (Substitute)(H ED-1st) Shore Protection and Coastal Marshland Protection Committees; change membership (NR&E-3rd) Keen-146th Employees' Retirement; Indigent Defense Council; change designation (RET-28th) Lunsford-85th Property insurance; nonrenewal; claim against policy (I&L-16th) Golick-34th 1714 MONDAY, MARCH 22, 2004 1709 HB 1441 Controlled substances; trafficking in ecstacy; define offense (Substitute)(JUDY-32nd) Jones-38th HB 1176 Disabled persons; redefine; temporary parking permits (PS&HS-27th) Martin-37th HB 878 Employees' Retirement; Prosecuting Attorneys' Council members; certain credit (RET-47th) Crawford-91st HB 547 Surcharges for certain public safety employees; remove certain limitations (I&L-48th) Harbin-80th HB 1347 Child welfare agencies; employment applicants; criminal records checks (C&Y-6th) Manning-32nd HB 267 Teachers Retirement; contribution rate; certain reduction (RET-47th) Cummings-19th HB 739 Judges of the Probate Courts Retirement; designated surviving beneficiary (RET-47th) Cummings-19th HB 736 Ad valorem tax assessments; periods of limitation (FIN-49th) Heard-75th HB 242 Environmental policy; publication of rationale; noncompliance (NR&E-47th) McCall-78th HB 1087 Motor vehicle license fees, classes, restricted plates; amend provisions (PS&HS-11th) Roberts-131st HB 1192 Georgia Bureau of Investigation; nomenclature; definitions; usage; violations (PS&HS-53rd) Boggs-145th Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 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 1715 1710 JOURNAL OF THE SENATE 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. Senate Sponsor: Senator Thomas of the 54th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman Balfour E Blitch Y Bowen Y Brown E Brush Y Bulloch Y Butler Cagle Y Cheeks Y Clay Y Collins Y Crotts Dean Fort Y Gillis E Golden Y Hall Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan E 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 Stephens N Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Tolleson E Unterman Williams Zamarripa On the passage of the bill, the yeas were 37, nays 2. HB 183, having received the requisite constitutional majority, was passed. Senator Crotts of the 17th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused. Senator Crotts of the 17th asked unanimous consent that Senator Stephens of the 51st be excused. The consent was granted, and Senator Stephens was excused. Senator Crotts of the 17th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused. 1716 MONDAY, MARCH 22, 2004 1711 Senator Tolleson of the 18th asked unanimous consent that Senator Harp of the 16th be excused. The consent was granted, and Senator Harp was excused. 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. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Adelman Balfour E Blitch Y Bowen Y Brown E Brush Y Bulloch Y Butler Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis E Golden Y Hall Hamrick E Harbison E Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson E Johnson Y Kemp,B Y Kemp,R Y Lamutt Lee Levetan E Me V Bremen Y Moody Y Mullis Y Price Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P N Squires Y Starr E Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Thomas,R E Thompson Y Tolleson E Unterman Williams Zamarripa On the adoption of the resolution, the yeas were 34, nays 1. SR 728, having received the requisite constitutional majority, was adopted. HB 1254. By Representative Channell of the 77th: A BILL to amend Code Section 32-6-193.1 of the Official Code of Georgia Annotated, relating to elimination of grade crossings on public roads and related procedures, so as to provide that railroads shall not have a duty to 1717 1712 JOURNAL OF THE SENATE petition to eliminate any such grade crossings; and for other purposes. Senate Sponsor: Senator Crotts of the 17th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour E Blitch Y Bowen N Brown E Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis E Golden Y Hall Hamrick E Harbison E Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson E Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan E 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 E Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Tolleson E Unterman Y Williams Zamarripa On the passage of the bill, the yeas were 40, nays 1. HB 1254, having received the requisite constitutional majority, was passed. HB 366. By Representatives Coleman of the 65th, McBee of the 74th, Cummings of the 19th, Jamieson of the 22nd, Mills of the 67th, Post 2 and others: 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. 1718 MONDAY, MARCH 22, 2004 1713 Senate Sponsor: Senator Hudgens of the 47th. 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 January 29, 2004 The Honorable Bill Cummings State Representative State Capitol, Room 402 Atlanta, Georgia 30334 Dear Representative Cummings: SUBJECT: State Auditor's Certification Substitute to House Bill 366 (LC 21 7669S) This substitute bill would amend provisions relating to the employment of retired teachers under the Teachers Retirement System. Specifically, this bill would redefine the term `retired teacher' to mean any member of the System who was retired on a service retirement on December 31, 2003. Persons who meet the definition of `retired teacher' would be eligible to continue receiving their retirement benefits if they return to work as a full-time classroom teacher, principal, superintendent, counselor, or librarian under the provisions of O.C.G.A. 47-3-127.1. Currently, only those members who retired on or before December 31, 2001 are eligible to continue receiving benefits if they return to work as a full-time `classroom teacher' or `improvement specialist.' If this legislation is enacted, all public school systems would be authorized to hire retired members. Under the current law, retired teachers can only retain their benefits when they return to work as a full-time `classroom teacher' or `improvement specialist' in a low performing school, as defined in O.C.G.A. 47-3-127.1. This legislation would also eliminate the automatic repeal date of July 1, 2008. This is to certify that the changes made in this substitute bill are a reduction in cost amendment as defined in the Public Retirement Systems Standards Law. An actuarial investigation for this bill, as amended, is attached. Respectfully, /s/ Russell W. Hinton State Auditor 1719 1714 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Balfour E Blitch Y Bowen Y Brown E Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis E Golden Y Hall Y Hamrick E Harbison E Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson E Johnson Y Kemp,B Kemp,R Y Lamutt Y Lee Y Levetan E 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 E Stephens Y Stokes Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Tolleson E Unterman Y Williams Zamarripa On the passage of the bill, the yeas were 40, nays 0. HB 366, having received the requisite constitutional majority, was passed. HR 1341. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Coleman of the 118th, Westmoreland of the 86th and Lunsford of the 85th, Post 2: A RESOLUTION designating the Bruton Smith Parkway; and for other purposes. Senate Sponsor: Senator Crotts of the 17th. 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: 1720 MONDAY, MARCH 22, 2004 1715 Y Adelman Y Balfour E Blitch Y Bowen Y Brown E Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Crotts Y Dean Fort Y Gillis E Golden Y Hall Y Hamrick Y Harbison E Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Kemp,B Kemp,R Y Lamutt Y Lee Y Levetan E 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 Thomas,N Y Thomas,R E Thompson Y Tolleson E Unterman Y Williams Zamarripa On the adoption of the resolution, the yeas were 42, nays 0. HR 1341, having received the requisite constitutional majority, was adopted. 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. Senate Sponsor: Senator Crotts of the 17th. Senator Smith of the 25th offered the following amendment # 1: Amend the Floor Substitute to HR 132 by inserting after line 21 on page 1 the following: "(5.1) The intersection of SR 22 and Pettigrew Road in Milledgeville, Georgia, is designated as the 'Rosa Proctor Intersection';". Senator Crotts of the 17th offered the following amendment # 2: Amend HR 132 by inserting after line 18 of page 1 and inserting in lieu thereof the following: "(4) The portion of I-285 from Roswell Road to the Chattahoochee River is 1721 1716 JOURNAL OF THE SENATE designated as the 'Keith Kalland Highway';". Senator Balfour of the 9th asked unanimous consent that HR 132 be placed on the Table. The consent was granted, and HR 132 was placed on the Table. The following general bill of the House, having been read the third time and final action suspended on Friday, March 19, 2004, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: HB 1253. By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Smyre of the 111th, Westmoreland of the 86th, Mosby of the 59th, Post 3 and others: A BILL to amend Code Section 40-2-68 of the Official Code of Georgia Annotated, relating to special license plates for Medal of Honor winners, so as to provide that the surviving spouse of a person who has been issued Medal of Honor special license plates may retain and continue to display the plates; and for other purposes. Senate Sponsor: Senator Seabaugh of the 28th. The amendments offered as they appear in the Journal of Friday, March 19, 2004 were automatically reconsidered. On the adoption of amendment # 1, the yeas were 33, nays 0, and the Harbison, Reed amendment # 1 was adopted. On the adoption of amendment # 2, the yeas were 33, nays 7, and the Smith of the 52nd, et al. amendment # 2 was adopted as amended. Senator Thomas of the 10th moved that the Senate reconsider its action in defeating the Thomas of the 10th, et al. amendment # 3. On the motion to reconsider amendment # 3, a roll call was taken, and the vote was as follows: Y Adelman N Balfour E Blitch N Bowen Y Brown E Brush N Bulloch Y Harbison E Harp Y Henson N Hill Hooks N Hudgens Y Jackson Y Seay N Shafer Y Smith,F N Smith,P Squires N Starr N Stephens 1722 MONDAY, MARCH 22, 2004 1717 Y Butler N Cagle N Cheeks N Clay N Collins N Crotts N Dean Fort N Gillis E Golden N Hall N Hamrick N Johnson N Kemp,B Kemp,R N Lamutt N Lee Y Levetan E Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Stokes N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R E Thompson N Tolleson E Unterman N Williams Zamarripa On the motion, the yeas were 14, nays 30, the motion lost; and the amendment was not reconsidered. On the adoption of amendment #4, the yeas were 30, nays 4, and the Meyer von Bremen amendment # 4 was adopted as amended. On the adoption of amendment #5, the yeas were 31, nays 1, and the Seabaugh amendment # 5 was adopted as amended. On the adoption of amendment #6, the yeas were 32, nays 1, and the Thomas of the 10th, Butler amendment # 6 was adopted. Senators Thomas of the 2nd and Levetan of the 40th offered the following amendment # 7: Amend HB 1253 by striking lines 1 through 5 of page 1 and inserting in their places the following: "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 display of Medal of Honor special license plates by surviving spouses; to provide for special license plates promoting Girl Scouts, U.S.A; 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 for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes." By striking lines 8 through 10 of page 1 and inserting in their places the following: "Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-268, relating to special license plates for Medal of Honor winners, and inserting in its 1723 1718 JOURNAL OF THE SENATE place the following:". By adding after line 19 of page 1 the following: "SECTION 2. Said chapter is further amended by adding a new Code Section 40-2-86.9 to read as follows: '40-2-86.9. (a) In order to promote youth organizations that promote character development and leadership training and activities directly in support thereof, there shall be issued beginning January 1, 2005, special license plates promoting the Girl Scouts U.S.A., subject to the conditions set forth in this Code section. (b) The commissioner shall design special distinctive license plates appropriate to promote the Girl Scouts U.S.A. The license plates shall be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. The Girl Scouts U.S.A. may request the assignment of the first 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Notwithstanding the provisions of subsection (b) of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received any licenses or other permissions that may be required to implement this Code section. The design of the initial edition of the license plates, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning in calendar year 2005, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a license plate promoting the Girl Scouts U.S.A. Revalidation decals shall be issued for such license plates in the same manner as provided for general issue license plates. (e)(1) From the additional $25.00 fee charged for the issuance and renewal of the license plates authorized under this Code section, $2.00 shall be used by the department for manufacturing and purchase costs, $13.00 shall be paid to the general 1724 MONDAY, MARCH 22, 2004 1719 fund of the state treasury, and $10.00 shall be exclusively dedicated for the purpose of assisting youth organizations that promote character development and leadership training, pursuant to Article III, Section IX, Paragraph VI(n) of the Constitution. Such dedicated funds shall be appropriated for such purpose to the Department of Community Affairs or such other public agency as may be specified in the general or amended general appropriations Act. The agency or organization ultimately making use of such funds shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. Any audit performed under Chapter 6 of Title 50 shall meet this auditing requirement. If an audit demonstrates that the funds are not being used for the purposes set forth in this Code section or if the required audit or evidence is not provided to the commissioner, then the commissioner shall so notify the House and Senate Appropriations Committees. Any funds appropriated pursuant to this Code section shall not lapse. (2) Subject to the general appropriations process, it is the intent of the General Assembly in the enactment of this Code section that the funds dedicated by this subsection be made available for the ultimate use of a nonprofit organization. Subject to the general appropriations process and the audit requirements of this Code section, it is contemplated that such dedicated funds will be for the ultimate use of the Girl Scouts U.S.A., if the General Assembly finds that the license plate program and appropriation authorized by this Code section will benefit both the state and the nonprofit organization having the ultimate use of the dedicated funds. (f) An applicant may request a Girl Scouts U.S.A. license plate any time during the applicants registration period. If such a license plate is to replace a current valid license plate, the Girl Scouts U.S.A. license plate shall be issued with appropriate decals attached. (g) No special license plate authorized pursuant to this Code section shall be issued except upon the application of at least 1,000 applications. The special license plate shall have an application period of two years after January 1, 2005, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (h) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31, manufacture of the license plates shall not be continued until the commissioner receives 1,000 applications. 1725 1720 JOURNAL OF THE SENATE (i) Girl Scouts U.S.A. license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (j) Girl Scouts U.S.A. license plates shall be issued within 30 days of application once the requirements of this Code section have been met.' SECTION 3. Section 2 of this Act shall become effective on January 1, 2005; provided, however, that Section 2 of this Act shall only become effective on January 1, 2005, upon the ratification of a resolution at the November, 2004, state-wide general election, which resolution amends the Constitution of the State of Georgia so as to authorize the dedication of revenue from the sales of license plates to a general purpose relating to the nature of the special license plate. If such resolution is not ratified, Section 2 of this Act shall not become effective and shall stand repealed in its entirety on January 1, 2005, and no such motor vehicle license plates shall be issued pursuant to Section 2 of this Act." By redesignating Section 2 as Section 4. Senator Thomas of the 2nd asked unanimous consent that her amendment # 7 be withdrawn. The consent was granted, and the amendment was withdrawn. Senator Thomas of the 10th offered the following amendment # 8: Amend HB 1253 by striking lines 1 and 2 of page 1 and inserting in lieu thereof the following: "To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that the surviving spouse of a person". By inserting on line 4 of page 1 following the word and symbol "plates;" the following: "to provide for a special license plate promoting the AIDS Survival Project;". By striking lines 8 and 9 of page 1 and inserting in lieu thereof the following: "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, is amended by striking subsection (a) of Code Section 40-2-68, relating to special license plates for Medal of Honor winners, and inserting in lieu thereof the". By inserting immediately following line 20 of page 1 the following: "Said article is further amended by inserting after Code Section 40-2-86.8 a new Code section to read as follows: '40-2-86.9. (a) In order to promote the AIDS Survival Project and activities directly in support 1726 MONDAY, MARCH 22, 2004 1721 thereof, there shall be issued beginning January 1, 2005, special license plates promoting the AIDS Survival Project, subject to the conditions set forth in this Code section. (b) The commissioner shall design special distinctive license plates appropriate to promote the AIDS Survival Project. The license plates shall be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. The AIDS Survival Project may request the assignment of the first 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Notwithstanding the provisions of subsection (b) of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received any licenses or other permissions that may be required to implement this Code section. The design of the initial edition of the license plates, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning in calendar year 2005, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a license plate promoting the AIDS Survival Project. Revalidation decals shall be issued for such license plates in the same manner as provided for general issue license plates. (e)(1) From the additional $25.00 fee charged for the issuance and renewal of the license plates authorized under this Code section, $2.00 shall be used by the department for manufacturing and purchase costs, $13.00 shall be paid to the general fund of the state treasury, and $10.00 shall be exclusively dedicated for the purpose of assisting programs committed to providing people living with HIV the information and support they need to live healthy and productive lives, pursuant to Article III, Section IX, Paragraph VI(n) of the Constitution. Such dedicated funds shall be appropriated for such purpose to the Department of Human Resources or such other public agency as may be specified in the general or amended general appropriations Act. The agency or organization ultimately making use of such funds shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. Any audit 1727 1722 JOURNAL OF THE SENATE performed under Chapter 6 of Title 50 shall meet this auditing requirement. If an audit demonstrates that the funds are not being used for the purposes set forth in this Code section or if the required audit or evidence is not provided to the commissioner, then the commissioner shall so notify the House and Senate Appropriations Committees. Any funds appropriated pursuant to this Code section shall not lapse. (2) Subject to the general appropriations process, it is the intent of the General Assembly in the enactment of this Code section that the funds dedicated by this subsection be made available for the ultimate use of a nonprofit organization. Subject to the general appropriations process and the audit requirements of this Code section, it is contemplated that such dedicated funds will be for the ultimate use of the AIDS Survival Project, if the General Assembly finds that the license plate program and appropriation authorized by this Code section will benefit both the state and the nonprofit organization having the ultimate use of the dedicated funds. (f) An applicant may request an AIDS Survival Project license plate any time during the applicants registration period. If such a license plate is to replace a current valid license plate, the AIDS Survival Project license plate shall be issued with appropriate decals attached. (g) No special license plate authorized pursuant to this Code section shall be issued except upon the application of at least 1,000 applications. The special license plate shall have an application period of two years after January 1, 2005, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (h) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-231. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the fiveyear period as provided in subsection (b) of Code Section 40-2-31, manufacture of the license plates shall not be continued until the commissioner receives 1,000 applications. (i) AIDS Survival Project license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (j) AIDS Survival Project license plates shall be issued within 30 days of application once the requirements of this Code section have been met.' 1728 MONDAY, MARCH 22, 2004 1723 SECTION 3." On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman N Balfour E Blitch Y Bowen Brown E Brush Bulloch Y Butler Cagle Cheeks Y Clay Y Collins N Crotts N Dean Fort N Gillis Y Golden N Hall Hamrick Y Harbison E Harp Y Henson N Hill Hooks N Hudgens Y Jackson N Johnson Y Kemp,B N Kemp,R N Lamutt Lee Y Levetan E Me V Bremen Y Moody N Mullis Price Y Reed N Seabaugh Y Seay Shafer Y Smith,F Smith,P Squires N Starr N Stephens Y Stokes Tanksley Y Tate N Thomas,D Y Thomas,N N Thomas,R E Thompson N Tolleson E Unterman N Williams Zamarripa On the adoption of the amendment, the yeas were 18, nays 18, and the Thomas of the 10th amendment # 8 was lost. Senator Thomas of the 10th moved that the Senate reconsider its action in defeating the Thomas of the 10th amendment # 8. On the motion to reconsider amendment # 8, a roll call was taken, and the vote was as follows: Y Adelman N Balfour E Blitch N Bowen Y Brown E Brush N Bulloch Y Butler N Cagle Harbison E Harp Y Henson N Hill Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Seay Shafer Y Smith,F N Smith,P Squires N Starr N Stephens Y Stokes Tanksley 1729 1724 JOURNAL OF THE SENATE N Cheeks N Clay N Collins N Crotts N Dean Y Fort N Gillis N Golden N Hall N Hamrick N Kemp,R N Lamutt N Lee Y Levetan E Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Tate N Thomas,D Y Thomas,N N Thomas,R E Thompson N Tolleson E Unterman N Williams Y Zamarripa On the motion, the yeas were 14, nays 31, the motion lost; and amendment # 8 was not reconsidered. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: N Adelman Y Balfour Y Blitch Y Bowen Brown E Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison E Harp N Henson Y Hill Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee N Levetan E Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh N Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D N Thomas,N Y Thomas,R E Thompson Y Tolleson E Unterman Y Williams Zamarripa On the passage of the bill, the yeas were 38, nays 10. HB 1253, having received the requisite constitutional majority, was passed as amended. 1730 MONDAY, MARCH 22, 2004 1725 HB 1415. By Representatives Channell of the 77th, Parrish of the 102nd, Royal of the 140th, McClinton of the 59th, Post 1 and Wix of the 33rd, Post 1: A BILL to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to change certain provisions regarding compliance audits regarding such tax; to change certain provisions regarding conditions of continuing authorization to impose such tax; to provide for a performance review board; to amend Code Section 36-81-8 of the Official Code of Georgia Annotated, relating to annual local government finance reports, so as to provide for additional reporting requirements for any unit of local government which levies a tax pursuant to Article 3 of Chapter 13 of Title 48; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman N Balfour Y Blitch Y Bowen Y Brown E Brush Y Bulloch Y Butler Y Cagle Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis N Price Y Reed Y Seabaugh Seay Y Shafer Y Smith,F Y Smith,P Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Thomas,N Thomas,R E Thompson Y Tolleson E Unterman Williams Y Zamarripa On the passage of the bill, the yeas were 43, nays 2. 1731 1726 JOURNAL OF THE SENATE HB 1415, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 March 22, 2004 Mr. Frank Eldridge, Jr. Secretary of the Senate State Capitol Room 353 Atlanta, Georgia 30334 Dear Mr. Eldridge: I would like the record to reflect I voted "yes" on HB 1415. The voting machine at my desk did not record my vote. Sincerely, /s/ Don Cheeks 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. Senate Sponsor: Senator Seabaugh of the 28th. The Senate Public Safety and Homeland Security Committee offered the following amendment: Amend HB 239 by striking the word "or" on line 25 of page 1; replacing the period at the end of line 26 of page 1 with "; or"; and inserting after line 26 of page 1 the following: "(C) A crime committed against a family member as defined in Code Section 19-131." 1732 MONDAY, MARCH 22, 2004 1727 On the adoption of the amendment, the yeas were 34, nays 0, and the committee amendment was adopted. Senator Seabaugh of the 28th offered the following amendment: Amend HB 239 by striking on lines 13 and 14 of page 1 the following: "as county inmates for probation violations of felony offenses or" and inserting in lieu thereof the following: "as county inmates for probation violations of felony offenses or". On the adoption of the amendment, the yeas were 37, nays 0, and the Seabaugh amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman Y Balfour Y Blitch Y Bowen Y Brown E Brush Y Bulloch Y Butler Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson 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 Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Tolleson E Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 0. HB 239, having received the requisite constitutional majority, was passed as amended. 1733 1728 JOURNAL OF THE SENATE HB 1519. By Representatives Porter of the 119th, Parrish of the 102nd, Morris of the 120th, Stephens of the 124th, Post 2 and Bordeaux of the 125th: A BILL to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to enact the "Common-sense Consumption Act"; to provide for a short title; to provide for definitions; to provide for limited liability of food manufacturers, packers, distributors, and others from claims relating to weight gain and obesity; to provide for exceptions to such liability; and for other purposes. Senate Sponsor: Senator Smith of the 52nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown E Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Tolleson E Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 50, nays 0. HB 1519, having received the requisite constitutional majority, was passed. Senator Price of the 56th asked unanimous consent that the following resolution, having been placed on the Table on Monday, March 22, 2004, be taken from the Table: 1734 MONDAY, MARCH 22, 2004 1729 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. Senate Sponsor: Senator Crotts of the 17th. The consent was granted, and HR 132 was taken from the Table and placed at the foot of today's Rules Calendar. The Calendar was resumed. 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. Senate Sponsor: Senator Bulloch of the 11th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman Y Balfour Y Blitch Y Bowen Y Brown E Brush Y Bulloch Y Butler Y Cagle Y Cheeks Clay Y Collins Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Tanksley Y Tate Y Thomas,D Y Thomas,N 1735 1730 JOURNAL OF THE SENATE Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Thomas,R E Thompson Y Tolleson E Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 47, nays 0. HB 1186, having received the requisite constitutional majority, was passed. HB 1026. By Representatives Buckner of the 82nd, McBee of the 74th, Crawford of the 91st, Dodson of the 84th, Post 1, Heckstall of the 48th, Post 3 and others: A BILL to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that the Secretary of State may initiate action to prevent the sale, transfer, or destruction of certain property removed from a public office or public officer or employee; to provide for definitions; to provide for certain records of public agencies or officers to be placed with the Division of Archives and History; and for other purposes. Senate Sponsor: Senator Starr of the 44th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman Y Balfour Y Blitch Y Bowen Y Brown E Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Seay Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R 1736 MONDAY, MARCH 22, 2004 1731 Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh E Thompson Y Tolleson E Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 50, nays 0. HB 1026, having received the requisite constitutional majority, was passed. HR 1191. By Representatives Smith of the 110th, Smith of the 13th, Post 2 and Buck of the 112th: A RESOLUTION designating the Purple Heart Highway; and for other purposes. Senate Sponsor: Senator Lee of the 29th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Adelman Y Balfour Y Blitch Y Bowen Y Brown E Brush Y Bulloch Y Butler Y Cagle Y Cheeks Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Thomas,R E Thompson Y Tolleson E Unterman Y Williams Y Zamarripa 1737 1732 JOURNAL OF THE SENATE On the adoption of the resolution, the yeas were 50, nays 0. HR 1191, having received the requisite constitutional majority, was adopted. HR 398. By Representatives Harbin of the 80th and Fleming of the 79th: A RESOLUTION to dedicate a portion of State Route 232 in Columbia County as the "Purple Heart Highway"; and for other purposes. Senate Sponsor: Senator Lee of the 29th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Adelman Y Balfour Y Blitch Y Bowen Y Brown E Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Thomas,R E Thompson Y Tolleson E Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 49, nays 0. HR 398, having received the requisite constitutional majority, was adopted. 1738 MONDAY, MARCH 22, 2004 1733 HB 1358. By Representatives Martin of the 37th, Boggs of the 145th, Walker of the 115th, Campbell of the 39th, Burkhalter of the 36th and others: A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempted from inspection by members of the general public, so as to provide an exemption for certain records including identifying information for minors; to provide for disclosure of records with such information redacted; and for other purposes. Senate Sponsor: Senator Tanksley of the 32nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown E Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer 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 E Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. HB 1358, having received the requisite constitutional majority, was passed. 1739 1734 JOURNAL OF THE SENATE HB 1549. By Representatives Bridges of the 7th, O`Neal of the 117th, Purcell of the 122nd, Burkhalter of the 36th, Buck of the 112th and others: A BILL 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 supporting Rotary International; and for other purposes. Senate Sponsor: Senator Thomas of the 54th. Senators Thomas of the 2nd and Levetan of the 40th offered the following amendment: Amend HB 1549 by striking lines 3 through 5 of page 1 and inserting in their places the following: "supporting Rotary International; to provide for special license plates promoting Girl Scouts U.S.A; 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 for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes." By adding after line 16 of page 3 the following: "SECTION 2. Said chapter is further amended by adding a new Code Section 40-2-86.9 to read as follows: '40-2-86.9. (a) In order to promote youth organizations that promote character development and leadership training and activities directly in support thereof, there shall be issued beginning January 1, 2005, special license plates promoting the Girl Scouts U.S.A., subject to the conditions set forth in this Code section. (b) The commissioner shall design special distinctive license plates appropriate to promote the Girl Scouts U.S.A. The license plates shall be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. The Girl Scouts U.S.A. may request the assignment of the first 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Notwithstanding the provisions of subsection (b) of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received any licenses or other permissions that may be required to implement this Code section. The design of the initial edition of the 1740 MONDAY, MARCH 22, 2004 1735 license plates, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning in calendar year 2005, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a license plate promoting the Girl Scouts U.S.A. Revalidation decals shall be issued for such license plates in the same manner as provided for general issue license plates. (e)(1) From the additional $25.00 fee charged for the issuance and renewal of the license plates authorized under this Code section, $2.00 shall be used by the department for manufacturing and purchase costs, $13.00 shall be paid to the general fund of the state treasury, and $10.00 shall be exclusively dedicated for the purpose of assisting youth organizations that promote character development and leadership training, pursuant to Article III, Section IX, Paragraph VI(n) of the Constitution. Such dedicated funds shall be appropriated for such purpose to the Department of Community Affairs or such other public agency as may be specified in the general or amended general appropriations Act. The agency or organization ultimately making use of such funds shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. Any audit performed under Chapter 6 of Title 50 shall meet this auditing requirement. If an audit demonstrates that the funds are not being used for the purposes set forth in this Code section or if the required audit or evidence is not provided to the commissioner, then the commissioner shall so notify the House and Senate Appropriations Committees. Any funds appropriated pursuant to this Code section shall not lapse. (2) Subject to the general appropriations process, it is the intent of the General Assembly in the enactment of this Code section that the funds dedicated by this subsection be made available for the ultimate use of a nonprofit organization. Subject to the general appropriations process and the audit requirements of this Code section, it is contemplated that such dedicated funds will be for the ultimate use of the Girl Scouts U.S.A., if the General Assembly finds that the license plate program and appropriation authorized by this Code section will benefit both the state and the nonprofit organization having the ultimate use of the dedicated funds. (f) An applicant may request a Girl Scouts U.S.A. license plate any time during the applicants registration period. If such a license plate is to replace a current valid license plate, the Girl Scouts U.S.A. license plate shall be issued with appropriate decals attached. 1741 1736 JOURNAL OF THE SENATE (g) No special license plate authorized pursuant to this Code section shall be issued except upon the application of at least 1,000 applications. The special license plate shall have an application period of two years after January 1, 2005, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (h) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31, manufacture of the license plates shall not be continued until the commissioner receives 1,000 applications. (i) Girl Scouts U.S.A. license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (j) Girl Scouts U.S.A. license plates shall be issued within 30 days of application once the requirements of this Code section have been met.' SECTION 3. Section 2 of this Act shall become effective on January 1, 2005; provided, however, that Section 2 of this Act shall only become effective on January 1, 2005, upon the ratification of a resolution at the November, 2004, state-wide general election, which resolution amends the Constitution of the State of Georgia so as to authorize the dedication of revenue from the sales of license plates to a general purpose relating to the nature of the special license plate. If such resolution is not ratified, Section 2 of this Act shall not become effective and shall stand repealed in its entirety on January 1, 2005, and no such motor vehicle license plates shall be issued pursuant to Section 2 of this Act." By redesignating Section 2 as Section 4. On the adoption of the amendment, the yeas were 39, nays 0, and the Thomas of the 2nd, Levetan amendment was adopted. Pursuant to Senate Rule 143, action on HB 1549 was suspended, and HB 1549 was placed on the Senate General Calendar. 1742 MONDAY, MARCH 22, 2004 1737 The following bill was taken up to consider House action thereto: 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. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 709 (LC 18 3228S) by striking line 1 of page 1 through line 2 of page 13 and inserting in their place the following: "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 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 subsection (b) of Code Section 48-8-6, relating to limitations regarding local sales and use taxes, and inserting in its place a new subsection (b) to read as follows: '(b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation: (1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; 1743 1738 JOURNAL OF THE SENATE (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; 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.' 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 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 Shall the retail sales and use tax levied within the special district ( ) NO within __________ County be increased from 1 percent to 2 percent?" 1744 MONDAY, MARCH 22, 2004 1739 (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 Shall the retail sales and use tax levied within the special district ( ) NO 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: "( ) YES Shall a retail sales and use tax of 2 percent be levied within the ( ) NO 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 Shall the retail sales and use tax levied within the special district ( ) NO 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 or to the sale of motor vehicles. (2) In the case of a newly imposed 2 percent sales and use tax under this Code 1745 1740 JOURNAL OF THE SENATE 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 or to the sale of motor vehicles. (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. 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 Reed of the 35th asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 709. The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 709. The following bill was taken up to consider House action thereto: SB 386. By Senators Thomas of the 10th, Butler of the 55th and Stokes of the 43rd: A BILL to be entitled an Act to provide that the tax commissioner of DeKalb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of DeKalb County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To provide that the tax commissioner of DeKalb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of DeKalb County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. 1746 MONDAY, MARCH 22, 2004 1741 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The tax commissioner of DeKalb County shall remit all educational funds collected by said officer to the Board of Education of DeKalb County, except that 1.25 percent of the funds collected shall be retained by the tax commissioner and remitted to the governing authority of DeKalb County to reimburse the county for the cost of collecting school taxes. SECTION 2. It is the intention of this Act to reduce the amount authorized by subsection (a) of Code Section 48-5-404 of the O.C.G.A. as reimbursement to counties for the collection of school taxes, and this Act is pursuant to the specific authority of Paragraph III of Section VI of Article VIII of the Constitution of the State of Georgia. SECTION 3. This Act shall become effective on July 1, 2005. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Butler of the 55th moved that the Senate agree to the House substitute to SB 386. On the motion, a roll call was taken and the vote was as follows: Y Adelman Balfour Y Blitch Y Bowen Y Brown E Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Lee Y Levetan Y Me V Bremen Y Moody Mullis Y Seay Y Shafer Y Smith,F 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 E Unterman 1747 1742 JOURNAL OF THE SENATE Y Golden Y Hall Hamrick Y Price Reed Y Seabaugh Y Williams Y Zamarripa On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 386. At 12:30 p.m. the President announced that the Senate would stand in recess until 1:30 p.m. At 1:30 p.m. the President called the Senate to order. The Calendar was resumed. HB 727. By Representatives Day of the 126th, Rogers of the 20th and Hanner of the 133rd: A BILL to amend Chapter 9 of Title 52 of the Official Code of Georgia Annotated, relating to river and harbor development, so as to change certain provisions regarding disposal of sand and sediment; and for other purposes. Senate Sponsor: Senator Johnson of the 1st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen Brown Y Brush Bulloch Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Dean Y Fort Y Harbison Y Harp Y Henson Y Hill Hooks Y Hudgens Jackson Y Johnson Y Kemp,B Kemp,R Lamutt Lee Y Levetan Me V Bremen Y Moody Y Seay Y Shafer Smith,F Y Smith,P Y Squires Y Starr Stephens Stokes Tanksley Y Tate Thomas,D Y Thomas,N Y Thomas,R E Thompson Y Tolleson 1748 MONDAY, MARCH 22, 2004 1743 Y Gillis Golden Y Hall Hamrick Y Mullis Y Price Y Reed Y Seabaugh E Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 36, nays 0. HB 727, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1729. By Representative Skipper of the 116th: A RESOLUTION relative to adjournment; and for other purposes. The following resolution was read and adopted: HR 1729. By Representative Skipper of the 116th: 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 March 22, 2004, through March 24, 2004, shall be as follows: Monday, March 22......................................................... in session for legislative day 35 Tuesday, March 23 ........................................................ in adjournment Wednesday, March 24 ................................................... in session for legislative day 36 BE IT FURTHER RESOLVED that on and after March 24, 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 close of the legislative day on each Friday on which the General Assembly is in session 1749 1744 JOURNAL OF THE SENATE 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. The Calendar was resumed. 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. The Senate Higher Education Committee offered the following substitute to SR 661: A RESOLUTION Recommending the observance of the Academic Bill of Rights at public universities in Georgia; and for other purposes. WHEREAS, the principles enumerated in this resolution fully apply only to public universities that present themselves as bound by the canons of academic freedom contained within. Nothing in this resolution shall be construed as interfering with the right of a private institution to restrict academic freedom on the basis of creed or belief; and WHEREAS, the central purposes of a university are the pursuit of truth, the discovery of new knowledge through scholarship and research, the study and reasoned criticism of intellectual and cultural traditions, the teaching and general development of students to help them become creative individuals and productive citizens of a pluralistic democracy, and the transmission of knowledge and learning to a society at large; and WHEREAS, free inquiry and free speech within the academic community are indispensable to the achievement of these goals, the freedoms to teach and to learn depend upon the creation of appropriate conditions and opportunities on the campus as a whole as well as in the classrooms and lecture halls, and these purposes reflect the values pluralism, diversity, opportunity, critical intelligence, openness, and fairness that are the cornerstones of American society; and WHEREAS, academic freedom is indispensable to the American university. From its first formulation in the General Report of the Committee on Academic Freedom and Tenure of the American Association of University Professors, the concept of academic 1750 MONDAY, MARCH 22, 2004 1745 freedom has been premised on the idea that human knowledge is the pursuit of the truth, that there is no humanly accessible truth that is not in principle open to challenge; and WHEREAS, academic freedom is most likely to thrive in an environment that protects and fosters independence of thought and speech. In the words of the General Report, it is vital to protect "as the first condition of progress [a] complete and unlimited freedom to pursue inquiry and publish its results"; and WHEREAS, because free inquiry and its fruits are crucial to the democratic enterprise itself, academic freedom is a national value as well. In a historic 1967 decision, the Supreme Court of the United States overturned a New York State loyalty provision for teachers with these words: "Our Nation is deeply committed to safeguarding academic freedom, [a] transcendent value to all of us and not merely to the teachers concerned." (Keyishian v. Board of Regents of the Univ. of the State of New York). In Sweezy v. New Hampshire, (1957), the Court observed that the "essentiality of freedom in the community of American universities [was] almost self-evident"; and WHEREAS, academic freedom consists in protecting the intellectual independence of professors, researchers, and students in the pursuit of knowledge and the expression of ideas from interference by legislators or authorities within the institution itself, meaning that no political or ideological orthodoxy should be imposed on professors and researchers through the hiring, tenure, or termination process, nor through any other administrative means by the academic institution, nor should the legislature impose any such orthodoxy through the control of the university budget; and WHEREAS, from the first statement on academic freedom, it has been recognized that intellectual independence means the protection of students as well as faculty from the imposition of any orthodoxy of a political or ideological nature. The 1910 General Report admonished faculty to avoid "taking unfair advantage of the student's immaturity by indoctrinating him with the teacher's own opinions before the student has had an opportunity fairly to examine other opinions upon the matters in question, and before he has sufficient knowledge and ripeness of judgment to be entitled to form any definitive opinion of his own." In 1967, the American Association of University Professors' Joint Statement on Rights and Freedoms of Students reinforced and amplified this injunction by affirming the inseparability of "the freedom to teach and freedom to learn." In the words of the report, "Students should be free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion;" and WHEREAS, the academic criteria of the scholarly profession should include reasonable scholarly options within the areas of discipline; and WHEREAS, the value of the life of the mind was articulated by Thomas Jefferson when 1751 1746 JOURNAL OF THE SENATE he stated, "We are not afraid to follow truth wherever it may lead, nor to tolerate any error so long as reason is left free to combat it;" and WHEREAS, the education of the next generation of leaders should contain rigorous and balanced exposure to significant theories and thoughtful viewpoints, and students should be given the knowledge and background that empowers them to think for themselves. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that to secure the intellectual independence of faculty and students and to protect the principles of academic freedom, this body strongly recommends that the following principles and procedures be observed at all public colleges and universities within the State of Georgia: 1. All faculty members shall be hired, fired, promoted, or granted tenure on the basis of their competence and appropriate knowledge in the field of their expertise. No faculty member shall be hired, fired, or denied promotion or tenure solely on the basis of his or her political or ideological beliefs; 2. No faculty member shall be excluded from a tenure search or hiring committee on the basis of his or her political or ideological beliefs; 3. Students shall not be graded on the basis of their political or ideological beliefs. Each college and university should have well known and publicly accessible policies and procedures available to students who believe they have been penalized for their social, political, or ideological beliefs; 4. While teachers are and should be free to pursue their own findings and perspectives in presenting their viewpoints, they should consider and make their students aware of other viewpoints. Academic disciplines should welcome exploration of unsettled questions; 5. Faculty members should not use their courses for the purpose of political or ideological indoctrination; 6. An environment conducive to the civil exchange of ideas being an essential component of a free university, the obstruction of invited campus speakers, destruction of campus literature, or other efforts to obstruct this exchange shall not be tolerated; and 7. Knowledge advances when individual scholars are left free to reach their own conclusions about which methods, facts, and theories have been validated by research. Academic institutions formed to advance knowledge within an area of research, maintain the integrity of the research process, and organize the professional lives of related researchers serve as indispensable venues within which scholars circulate 1752 MONDAY, MARCH 22, 2004 1747 research findings and debate their interpretations. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Board of Regents of the University System of Georgia and to the president of every college and university in this state. On the adoption of the substitute, the yeas were 36, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen Brown Y Brush Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Dean N Fort Y Gillis Golden Y Hall Hamrick Y Harbison Y Harp Y Henson Y Hill Hooks Y Hudgens Y Jackson Y Johnson N 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 N Stokes Tanksley N Tate Y Thomas,D N Thomas,N Y Thomas,R E Thompson Y Tolleson E Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 41, nays 5. SR 661, having received the requisite constitutional majority, was adopted by substitute. The following bill was taken up to consider the Conference Committee Report thereto: 1753 1748 JOURNAL OF THE SENATE HB 1180. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th: A BILL to amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 1180 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1180 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Hill of the 4th /s/ Senator Cheeks of the 23rd /s/ Senator Williams of the 19th /s/ Representative Buck of the 112th /s/ Representative Parrish of the 102nd /s/ Representative Smyre of the 111th Conference Committee Substitute to HB 1180: A BILL TO BE ENTITLED AN ACT To amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", approved June 4, 2003 (Ga. L. 2003, p. 710), so as to change certain appropriations for the State Fiscal Year 2003-2004; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing appropriations for the State Fiscal Year 2003-2004, as amended, known as the "General Appropriations Act" approved June 4, 2003 (Ga. L. 2003, p. 710), is further amended by striking everything following the enacting clause through Section 66, and by substituting in lieu thereof the following: "That the sums of money hereinafter provided are appropriated for the State Fiscal Year 1754 MONDAY, MARCH 22, 2004 1749 beginning July 1, 2003, and ending June 30, 2004, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves, new revenues, and a revenue estimate of $14,447,049,640 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2004. PART I. LEGISLATIVE BRANCH Section 1. General Assembly. State Funds Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses Travel - Staff Travel - Elected Officials Capital Outlay Per Diem Differential Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees - Staff Contracts - Staff Per Diem and Fees - Elected Officials Contracts - Elected Officials Photography Expense Reimbursement Account Total Funds Budgeted State Funds Budgeted Senate Functional Budgets Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Senate Budget Office Total House Functional Budgets House of Representatives and Research Office Speaker of the House's Office Clerk of the House's Office Total $ 34,231,470 $ 18,467,159 $ 5,457,157 $ 2,393,976 $ 96,500 $ 3,500 $ 0 $ 0 $ 799,000 $ 18,950 $ 7,479 $ 611,989 $ 323,357 $ 74,500 $ 3,475,903 $ 745,000 $ 105,000 $ 1,652,000 $ 34,231,470 $ 34,231,470 Total Funds $ 6,166,082 $ 891,505 $ 1,212,212 $ 410,008 $ 8,679,807 State Funds $ 6,166,082 $ 891,505 $ 1,212,212 $ 410,008 $ 8,679,807 Total Funds $ 13,168,484 $ 457,858 $ 1,558,487 $ 15,184,829 State Funds $ 13,168,484 $ 457,858 $ 1,558,487 $ 15,184,829 1755 1750 JOURNAL OF THE SENATE Joint Functional Budgets Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total Total Funds $ 3,031,534 $ 2,224,716 $ 1,221,680 $ 3,476,638 $ 412,266 $ 10,366,834 State Funds $ 3,031,534 $ 2,224,716 $ 1,221,680 $ 3,476,638 $ 412,266 $ 10,366,834 For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards 1756 MONDAY, MARCH 22, 2004 1751 determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits. State Funds $ Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Real Estate Rentals $ Per Diem and Fees $ Contracts $ Computer Charges $ Telecommunications $ Total Funds Budgeted $ State Funds Budgeted $ PART II JUDICIAL BRANCH 29,118,037 24,224,703 1,416,500 400,000 0 20,795 1,105,815 195,000 0 1,423,000 332,224 29,118,037 29,118,037 Section 3. Judicial Branch. State Funds Personal Services Other Operating Prosecuting Attorney's Council Judicial Administrative Districts Payment to Council of Superior Court Clerks Payment to Resource Center Computerized Information Network Total Funds Budgeted State Funds Budgeted Judicial Branch Functional Budgets Supreme Court Court of Appeals Superior Court - Judges Superior Court - District Attorneys Council of Juvenile Court Judges Institute of Continuing Judicial Education Judicial Council Judicial Qualifications Commission Indigent Defense Council Georgia Courts Automation Commission $ 140,268,407 $ 16,618,242 $ 119,159,770 $ 4,765,927 $ 1,918,814 $ 44,925 $ 800,000 $ 0 $ 143,307,678 $ 140,268,407 Total Funds $ 8,691,829 $ 11,789,633 $ 49,089,631 $ 45,396,452 $ 1,384,901 $ 1,048,305 $ 16,003,954 $ 250,642 $ 9,304,145 $0 State Funds $ 7,371,463 $ 11,699,633 $ 49,089,631 $ 43,852,547 $ 1,384,901 $ 1,048,305 $ 15,918,954 $ 250,642 $ 9,304,145 $0 1757 1752 JOURNAL OF THE SENATE Georgia Office Of Dispute Resolution Total $ 348,186 $ 348,186 $ 143,307,678 $140,268,407 Section 4. Department of Administrative Services. A. Budget Unit: State Funds - Department of Administrative Services Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts $ 39,164,276 $ 18,893,559 $ 4,662,069 $ 278,513 $ 20,418 $ 148,582 $ 2,614,510 $ 1,164,046 $ 423,976 $ 689,495 $ 283,435 Rents and Maintenance Expense Direct Payments to Georgia Building Authority for Capital Outlay Direct Payments to Georgia Building Authority for Operations Materials for Resale Public Safety Officers Indemnity Fund Health Planning Review Board Operations Payments to Aviation Hall of Fame Payments to Golf Hall of Fame Alternative Fuels Grant Payments to Georgia Technology Authority Removal of Hazardous Waste Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets Administration Support Services Statewide Business Risk Management Executive Administration Governor's Small Business Center State Properties Commission Office of the Treasury $ 0 $ 2,096,250 $ 1,867,799 $ 6,014,012 $ 0 $ 32,077 $ 44,450 $ 68,737 $ 0 $ 21,171,786 $ 92,625 $ 60,566,339 $ 39,164,276 Total Funds $ 30,943,102 $ 13,161,829 $ 3,422,311 $ 3,006,134 $ 1,397,033 $ 928,147 $ 612,461 $ 2,639,428 State Funds $ 28,120,528 $ 408,840 $ 3,384,690 $0 $ 1,286,027 $ 915,450 $ 612,461 $ 362,649 1758 MONDAY, MARCH 22, 2004 1753 State Office of Administrative Hearings Total $ 4,455,894 $ 60,566,339 $ 4,073,631 $ 39,164,276 B. Budget Unit: State Funds-Georgia Building Authority $ Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Computer Charges $ Real Estate Rentals $ Telecommunications $ Per Diem and Fees $ Contracts $ Capital Outlay $ Utilities $ Facilities Renovations and Repairs $ Payments to Department of Public Safety $ Building Access Control $ Total Funds Budgeted $ State Funds Budgeted $ Departmental Functional Budgets Total Funds Executive Division $ 2,234,588 Facilities Operations $ 27,439,242 Property Resources $ 7,646,451 Internal Operations $ 1,184,402 Transportation $ 3,107,888 External Operations $ 4,284,785 Total $ 45,897,356 0 16,018,934 6,148,810 14,800 100,000 200,000 307,000 15,071 281,700 657,089 3,173,776 5,808,583 7,839,685 510,229 3,151,435 1,670,244 45,897,356 0 State Funds $0 $0 $0 $0 $0 $0 $0 C. Budget Unit: State Funds - Georgia Technology Authority Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts $ 0 $ 54,658,111 $ 5,370,000 $ 490,140 $ 0 $ 185,485 $ 33,673,324 $ 4,151,132 $ 6,000 $ 14,319,286 $ 400,000 1759 1754 JOURNAL OF THE SENATE Rents and Maintenance Expense Telephone Billings Radio Billings Materials for Resale Transfers to GIS Clearinghouse Total Funds Budgeted State Funds Budgeted $ 0 $ 82,323,000 $ 501,019 $ 3,481,106 $ 0 $ 199,558,603 $ 0 Section 5. Department of Agriculture. State Funds $ Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Computer Charges $ Real Estate Rentals $ Telecommunications $ Per Diem and Fees $ Contracts $ Market Bulletin Postage $ Payments to Athens and Tifton Veterinary Laboratories $ Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe $ Veterinary Fees $ Indemnities $ Advertising Contract $ Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ Capital Outlay $ Contract - Federation of Southern Cooperatives $ Boll Weevil Eradication Program $ Total Funds Budgeted $ State Funds Budgeted $ Departmental Functional Budgets Total Funds Plant Industry $ 8,400,602 Animal Industry $ 15,104,598 Marketing $ 7,451,391 Internal Administration $ 4,326,379 Public Affairs/Animal Protection $ 2,444,558 Fuel and Measures $0 37,230,794 32,587,578 3,850,488 1,043,708 0 412,082 664,341 1,198,343 375,509 33,500 1,479,998 566,619 3,357,556 3,042,091 142,000 10,000 425,000 653,000 0 39,000 0 49,880,813 37,230,794 State Funds $ 6,961,865 $ 12,141,910 $ 3,697,498 $ 4,119,825 $ 2,319,558 $0 1760 MONDAY, MARCH 22, 2004 1755 Consumer Protection Field Forces Seed Technology Total $ 11,350,495 $ 802,790 $ 49,880,813 $ 7,990,138 $0 $ 37,230,794 Section 6. Department of Banking and Finance. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Total Funds Budgeted State Funds Budgeted $ 10,456,726 $ 9,019,404 $ 269,025 $ 318,557 $ 0 $ 2,347 $ 170,978 $ 548,976 $ 117,004 $ 10,435 $ 0 $ 10,456,726 $ 10,456,726 Section 7. Department of Community Affairs. State Fund $ Tobacco Funds $ Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Real Estate Rentals $ Per Diem and Fees $ Contracts $ Computer Charges $ Telecommunications $ Capital Felony Expense $ Contracts for Regional Planning and Development $ Local Assistance Grants $ Appalachian Regional Commission Assessment $ HUD-Community Development Block Pass thru Grants $ Payment to Georgia Environmental Facilities Authority $ Community Service Grants $ Home Program $ ARC-Revolving Loan Fund $ Local Development Fund $ Payment to State Housing Trust Fund $ 27,804,398 65,834,093 23,130,117 1,979,687 611,739 0 166,022 1,553,553 970,976 637,913 573,436 527,611 0 1,873,256 112,500 160,500 30,000,000 307,125 5,000,000 2,834,618 0 0 2,925,000 1761 1756 JOURNAL OF THE SENATE Payments to Sports Hall of Fame $ 772,189 Regional Economic Business Assistance Grants - GHFA $ 2,808,000 EZ/EC Administration $ 0 EZ/EC Grants $ 0 Regional Economic Development Grants $ 0 Contracts for Homeless Assistance $ 1,250,000 HUD Section 8 Rental Assistance $ 50,000,000 Georgia Regional Transportation Authority $ 4,556,478 GHFA - Georgia Cities Foundation $ 731,250 Georgia Leadership Infrastructure Investment Fund $ 495,000 Quality Growth Program $ 195,000 One Georgia $ 65,834,093 Total Funds Budgeted $ 200,006,063 Tobacco Funds Budgeted $ 65,834,093 State Funds Budgeted $ 27,804,398 Departmental Functional Budgets Total Funds State Funds Executive Division $ 1,033,202 $ 766,282 Planning and Environmental Management Division $ 4,270,422 $ 4,084,033 Business and Financial Assistance Division $ 36,473,681 $ 4,712,673 Housing Finance Division $ 9,153,794 $ 2,834,618 Finance Division $ 7,890,318 $ 6,224,209 Administrative and Computer Support Division $ 2,543,933 $ 807,894 Georgia Music Hall of Fame Division $ 1,264,010 $ 789,196 Community Services Division $ 66,678,866 $ 3,216,749 Rural Development Division $ 4,863,744 $ 4,368,744 One Georgia $ 65,834,093 $ 65,834,093 Total $ 200,006,063 $ 93,638,491 Section 8. Department of Community Health. A. Budget Unit: State Funds - Medicaid Service Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Medicaid Benefits, Penalties and Disallowances $ 1,786,912,272 $ 53,116,681 $ 33,070,353 $ 8,328,073 $ 388,883 $ 0 $ 75,136 $ 92,768,439 $ 1,793,945 $ 898,341 $ 1,499,495 $ 392,681,680 $ 5,437,815,183 1762 MONDAY, MARCH 22, 2004 1757 Audit Contracts $ 1,097,500 Special Purpose Contracts $ 0 Purchase of Service Contracts $ 183,244 Grant in Aid to Counties $ 530,942 Health Insurance Payments $ 1,009,000,000 Medical Fair $ 61,258 Loan Repayment Program $ 350,757 Medical Scholarships $ 728,000 Capitation Contracts for Family Practice Residency $ 3,800,983 Residency Capitation Grants $ 2,023,883 Student Preceptorships $ 50,000 Medical Student Capitation $ 3,573,676 Mercer School of Medicine Grant $ 18,445,897 Morehouse School of Medicine Grant $ 8,088,577 SREB Payments $ 401,225 Pediatric Residency Capitation $ 435,722 Preventive Medicine Capitation $ 110,255 Total Funds Budgeted $ 7,018,201,447 Tobacco Funds Budgeted $ 53,116,681 State Funds Budgeted $ 1,786,912,272 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 878,539 $ 558,110 Community Affairs $ 363,822 $ 181,911 Medicaid Benefits, Penalties and Disallowances $ 5,437,815,183 $ 1,715,813,524 Medical Assistance Plans $ 93,205,722 $ 8,759,929 Managed Care and Quality $ 2,191,886 $ 1,095,943 Information Technology $ 102,875,219 $ 25,419,876 General Counsel $ 6,272,585 $ 3,081,669 Operations $ 6,686,039 $ 2,656,538 Financial $ 6,392,920 $ 2,832,795 Planning and Fiscal Policy $ 3,057,906 $ 1,802,587 Minority Health $ 507,683 $ 277,295 Women's Health $ 355,585 $ 339,080 Rural Health $ 2,601,647 $ 2,204,650 State Health Benefit Plan $ 304,991,665 $ 0 Public Employee Health Claims $ 1,009,000,000 $ 34,000,000 Georgia Board for Physician Workforce $ 37,422,099 $ 37,422,099 State Medical Education Board $ 1,353,724 $ 1,353,724 Composite Board of Medical Examiners $ 2,229,223 $ 2,229,223 Total $ 7,018,201,447 $ 1,840,028,953 B. Budget Unit: State Funds - Indigent Trust Fund $ 90,602,023 1763 1758 JOURNAL OF THE SENATE Per Diem and Fees $ Contracts $ Benefits $ Payments to Nursing Homes $ Total Funds Budgeted $ Other Funds $ Federal Funds $ State Funds Budgeted $ C. Budget Unit: State Funds - PeachCare for Kids $ Tobacco Funds $ Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Computer Charges $ Real Estate Rentals $ Telecommunications $ Per Diem and Fees $ Contracts $ PeachCare Benefits, Penalties and Disallowances $ Total Funds Budgeted $ Tobacco Funds Budgeted $ State Funds Budgeted $ Section 9. Department of Corrections. State Funds - Administration, Institutions and Probation $ Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Computer Charges $ Real Estate Rentals $ Telecommunications $ Per Diem and Fees $ Contracts $ Capital Outlay $ Utilities $ Court Costs $ County Subsidy $ County Subsidy for Jails $ 0 8,200,000 360,067,504 241,927,965 610,195,469 148,828,880 370,764,566 90,602,023 76,222,282 4,970,705 368,353 165,254 45,000 0 1,155 130,599 0 11,675 0 10,085,357 274,203,081 285,010,474 4,970,705 76,222,282 905,854,482 545,691,691 64,058,000 2,002,328 1,809,244 2,494,619 5,678,792 7,792,861 7,178,331 42,637 76,074,263 0 26,309,405 1,300,000 37,726,400 15,350,000 1764 MONDAY, MARCH 22, 2004 1759 County Workcamp Construction Grants Central Repair Fund Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals Inmate Release Fund Health Services Purchases University of Georgia - College of Veterinary Medicine Contracts Minor Construction Fund Total Funds Budgeted Indirect DOAS Funding State Funds Budgeted Departmental Functional Budgets Executive Operations Administration Human Resources Field Probation Facilities Programs Total Section 10. Department of Defense. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Capital Leases Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets Office of the Adjutant General Georgia Air National Guard $ 0 $ 1,093,624 $ 4,268,025 $ 1,627,150 $ 577,160 $ 1,450,000 $ 130,643,440 $ 449,944 $ 1,024,200 $ 934,642,114 $ 450,000 $ 905,854,482 Total Funds $ 30,342,159 $ 22,888,396 $ 8,518,972 $ 84,923,874 $ 639,890,499 $ 148,078,214 $ 934,642,114 State Funds $ 29,892,159 $ 22,888,396 $ 8,518,972 $ 81,580,413 $ 623,360,537 $ 139,614,005 $ 905,854,482 $ 7,895,875 $ 17,793,977 $ 23,939,607 $ 90,875 $ 0 $ 52,800 $ 68,625 $ 43,211 $ 1,022,261 $ 1,341,895 $ 244,000 $ 0 $ 9,930 $ 44,607,181 $ 7,895,875 Total Funds $ 2,559,246 $ 7,479,634 State Funds $ 2,096,505 $ 985,832 1765 1760 JOURNAL OF THE SENATE Georgia Army National Guard Total $ 34,568,301 $ 44,607,181 $ 4,813,538 $ 7,895,875 Section 11. State Board of Education A. Budget Unit: State Funds - Department of Education $ Tobacco Funds $ Operations: Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Real Estate Rentals $ Per Diem and Fees $ Contracts $ Computer Charges $ Telecommunications $ Utilities $ Capital Outlay $ 5,920,874,093 0 42,333,072 5,712,285 1,281,935 0 292,680 1,135,404 4,222,787 41,735,506 9,573,252 903,485 772,896 30,569,700 QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Additional Instruction Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Five Mill Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants Special Education Low - Incidence Grants Non-QBE Grants: $ 1,693,656,941 $ 1,558,335,891 $ 748,004,010 $ 66,740,638 $ 69,289,416 $ 196,506,716 $ 761,520,976 $ 176,850,170 $ 23,587,944 $ 46,621,410 $ 30,517,972 $ 147,220,233 $ 905,991,469 $ 157,439,881 $ (1,206,225,204) $ 118,649,246 $ 0 $ 288,182,775 $ 6,352,443 $ 826,722 1766 MONDAY, MARCH 22, 2004 Next Generation School Grants $ Youth Apprenticeship Grants $ High School Program - Agriculture Ed $ High School Program - Tech/Career Ed $ Payment of Federal Funds to Board of Technical and Adult Education $ Vocational Research and Curriculum $ Title I-A Improving Basic Programs - LEA's $ Title I-B Even Start $ Instructional Services for the Handicapped $ Retirement (H.B. 272 and H.B. 1321) $ Title VI-A State Assessment Programs $ Tuition for the Multi-Handicapped $ PSAT $ School Lunch (Federal) $ Joint Evening Programs $ Education of Homeless Children/Youth $ Pay for Performance $ Pre-School Handicapped Program $ Mentor Teachers $ Environmental Science Grants $ Advanced Placement Exams $ Serve America Program $ Title IV-A1, Safe and Drug Free Schools $ School Lunch (State) $ Charter Schools $ Refugee School Impact $ State and Local Education Improvement $ Health Insurance - Non-Cert. Personnel and Retired Teachers $ Innovative Programs $ Title II Math/Science Grant (Federal) $ Migrant Education (State) $ Regional Education Service Agencies $ Severely Emotionally Disturbed $ Georgia Learning Resources System $ Special Education at State Institutions $ Byrd Honor Scholarships $ Title 1-F, Comprehensive School Reform $ Character Education $ National Teacher Certification $ Health Insurance Adjustment $ Principal Supplements $ 1761 384,555 4,022,464 7,289,841 48,795,180 16,909,425 57,313 309,883,868 7,021,675 191,495,397 5,508,750 0 1,746,166 719,129 188,375,722 786,651 1,546,542 5,702,222 21,881,401 1,158,544 0 1,608,000 150,000 10,567,629 36,246,276 7,301,341 639,390 0 107,826,070 9,389,202 0 267,535 11,111,789 66,287,536 4,911,783 3,744,077 1,188,000 8,478,748 250,000 6,894,490 0 5,643,290 1767 1762 JOURNAL OF THE SENATE Class Size Reduction Grants For School Nurses Reading and Math Programs Student Testing Internet Access School Improvement Teams Communities in Schools Georgia Learning Connection Knowledge is Power Program Postsecondary Options Title I-B Reading First Title I-C Migrant Education (Federal) Title I-D Neglected and Delinquent Title II-A Improving Teacher Quality Title II-D Enhancing Education Thru Technology Title III-A English Language Title IV-B 21st Century Communication Title VI-B Rural and Low-Income Temporary QBE Reduction Total Funds Budgeted Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted Departmental Functional Budgets $ 0 $ 30,000,000 $ 75,422,493 $ 10,975,646 $ 3,644,339 $ 11,636,228 $ 1,305,919 $ 0 $ 11,466 $ 2,381,573 $ 0 $ 8,626,018 $ 2,000,255 $ 72,520,695 $ 17,764,034 $ 6,786,358 $ 8,691,764 $ 6,941,585 $ (283,457,474) $ 6,999,643,551 $ 0 $ 0 $ 5,920,874,093 State Superintendant Policy and External Affairs Curriculum and Instruction Governor's Honors Program $ Finance and Business Operations Teacher and Student Support Information Technology Local Programs Student Achievement Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Total Total Funds $ 306,548 $ 6,407,280 $ 23,571,834 1,472,108 $ 13,250,398 $ 14,578,981 $ 20,567,286 $ 6,900,622,725 $0 $ 6,125,523 $ 5,920,575 $ 6,820,293 $ 6,999,643,551 State Funds $ 306,548 $ 6,103,964 $ 5,755,524 $ 1,394,519 $ 6,388,718 $ 2,696,910 $ 15,088,951 $5,865,300,818 $0 $ 5,862,005 $ 5,494,104 $ 6,482,032 $5,920,874,093 B. Budget Unit: Lottery for Education Computers in the Classroom Distance Learning - Satellite Dishes $ 0 $ 0 $ 0 1768 MONDAY, MARCH 22, 2004 Post Secondary Options $ Educational Technology Centers $ Assistive Technology $ Applied Technology Labs $ Financial and Management Equipment $ Alternative Programs $ Fort Discovery National Science Center $ Capital Outlay $ Learning Logic Sites $ Student Information System $ Total Funds Budgeted $ Lottery Funds Budgeted $ C. Budget Unit: Office of School Readiness $ Pre-Kindergarten - Grants $ Pre-Kindergarten - Personal Services $ Pre-Kindergarten - Operations $ Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Real Estate Rentals $ Per Diem and Fees $ Contracts $ Computer Charges $ Telecommunications $ Utilities $ Capital Outlay $ Federal Programs $ Standards of Care $ Total Funds Budgeted $ Lottery Funds Budgeted $ State Funds Budgeted $ Section 12. Employees' Retirement System. State Funds $ Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Computer Charges $ 1763 0 0 0 0 0 0 0 0 0 0 0 0 1,215,299 252,493,071 2,131,565 4,909,478 1,123,882 29,783 43,283 0 0 0 5,000 0 3,000 10,351 0 0 75,495,529 667,000 336,911,942 259,534,114 1,215,299 617,000 3,697,923 654,200 29,000 0 12,450 1,269,708 1769 1764 JOURNAL OF THE SENATE Real Estate Rentals Telecommunications Per Diem and Fees Contracts Benefits to Retirees Total Funds Budgeted State Funds Budgeted Section 13. Forestry Commission. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Ware County Grant Ware County Grant for Southern Forest World Capital Outlay Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets Reforestation Field Services General Administration and Support Total Section 14. Georgia Bureau of Investigation. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees $ 345,740 $ 82,002 $ 973,600 $ 2,526,000 $ 617,000 $ 10,207,623 $ 617,000 $ 33,533,361 $ 29,581,589 $ 5,730,944 $ 120,671 $ 894,579 $ 1,727,651 $ 357,000 $ 11,518 $ 723,271 $ 9,500 $ 544,260 $ 60,000 $ 28,500 $ 0 $ 39,789,483 $ 33,533,361 Total Funds $ 2,035,204 $ 34,103,948 $ 3,650,331 $ 39,789,483 State Funds $ 3,348 $ 30,047,837 $ 3,482,176 $ 33,533,361 $ 59,854,420 $ 48,386,014 $ 5,576,524 $ 399,199 $ 233,921 $ 220,443 $ 407,820 $ 497,670 $ 1,152,693 $ 2,231,277 1770 MONDAY, MARCH 22, 2004 1765 Contracts Evidence Purchased Capital Outlay Crime Victims Assistance Program Criminal Justice Grants Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets Administration Investigative Georgia Crime Information Center Forensic Sciences Criminal Justice Coordinating Council Total Section 15. Office of the Governor. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Cost of Operations Mansion Allowance Governor's Emergency Fund Intern Program Expenses Art Grants of State Funds Art Grants of Non-State Funds Humanities Grant - State Funds Art Acquisitions - State Funds Grants to Local Systems Grants - Local EMA Grants - Other Grants - Civil Air Patrol Registrations Troops to Teachers Total Funds Budgeted $ 2,319,974 $ 288,667 $ 0 $ 1,500,000 $ 27,783,371 $ 90,997,573 $ 59,854,420 Total Funds $ 6,181,937 $ 25,095,702 $ 10,718,043 $ 17,690,792 $ 31,311,099 $ 90,997,573 State Funds $ 6,181,937 $ 25,095,702 $ 10,553,723 $ 17,690,792 $ 332,266 $ 59,854,420 $ 37,553,295 $ 21,240,587 $ 1,550,980 $ 348,070 $ 0 $ 59,911 $ 439,488 $ 1,173,160 $ 555,212 $ 1,408,170 $ 4,834,415 $ 4,901,136 $ 40,000 $ 1,861,681 $ 358,595 $ 3,572,584 $ 274,194 $ 162,630 $ 0 $ 0 $ 1,085,000 $ 0 $ 57,000 $ 0 $ 111,930 $ 44,034,743 1771 1766 JOURNAL OF THE SENATE State Funds Budgeted Departmental Functional Budgets Governor's Office Office of Equal Opportunity Office of Planning and Budget Council for the Arts Office of Consumer Affairs Child Advocate Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency Education Accountability Office of the Inspector General Office of Homeland Security Total $ 37,553,295 Total Funds $ 7,161,412 $ 1,151,394 $ 9,509,890 $ 4,902,513 $ 4,044,380 $ 719,483 $0 $ 6,762,279 $ 6,665,342 $ 1,472,888 $ 932,369 $ 712,793 $ 44,034,743 State Funds $ 7,161,412 $ 764,177 $ 9,509,890 $ 4,238,420 $ 3,476,691 $ 719,483 $0 $ 6,650,349 $ 2,180,823 $ 1,206,888 $ 932,369 $ 712,793 $ 37,553,295 Section 16. Department of Human Resources. State Funds Tobacco Funds Brain and Spinal Trust Fund 1. General Administration and Support Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Major Maintenance and Construction Postage Payments to DCH-Medicaid Benefits Grants to County DFACS - Operations Brain and Spinal Trust Fund Benefits Total Funds Budgeted Indirect DOAS Services Funding Tobacco Funds Budgeted $ 1,377,663,435 $ 44,068,581 $ 2,000,000 $ 106,335,105 $ 5,823,370 $ 2,701,746 $ 0 $ 481,747 $ 10,316,012 $ 5,616,648 $ 32,098,199 $ 53,851,170 $ 16,576,184 $ 0 $ 0 $ 87,093,017 $ 163,451 $ 2,095,936 $ 34,317,677 $ 1,704,400 $ 1,850,000 $ 361,024,662 $ 4,737,777 $ 8,278,248 1772 MONDAY, MARCH 22, 2004 1767 Brain and Spinal Trust Fund $ State Funds Budgeted $ Departmental Functional Budgets Total Funds Commissioner's Office $ 1,191,672 Office of Planning and Budget Services $ 4,143,173 Office of Adoptions $ 8,848,033 Children's Community Based Initiative $ 9,963,035 Human Resources and Organization Development $ 1,239,398 Computer Services $ 69,061,757 Technology and Support $ 17,614,937 Facilities Management $ 8,728,716 Regulatory Services-Program Direction and Support $ 952,428 Child Care Licensing $ 3,826,081 Health Care Facilities Regulation $ 12,251,053 Office of Investigation $ 6,553,468 Office of Financial Services $ 9,856,941 Office of Audits $ 2,483,613 Human Resource Management $ 6,668,108 Transportation Services $ 18,862,511 Office of Facilities and Support Services $ 5,557,937 Indirect Cost $0 Policy and Government Services $ 1,396,407 Aging Services $ 98,847,723 DDSA Council $ 2,276,763 Brain and Spinal Trust Fund Benefits $ 2,000,000 Office of Child Support Enforcement $ 68,700,908 Total $ 361,024,662 2. Public Health Budget: Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Real Estate Rentals $ Per Diem and Fees $ Contracts $ Computer Charges $ Telecommunications $ Special Purpose Contracts $ Purchase of Service Contracts $ Grant-In-Aid to Counties $ Postage $ 2,000,000 165,601,856 State Funds $ 1,191,672 $ 4,114,656 $ 5,602,214 $ 9,688,035 $ 1,239,398 $ 33,602,493 $ 13,239,892 $ 6,499,514 $ 677,915 $ 3,650,087 $ 5,717,529 $ 1,786,944 $ 5,467,231 $ 2,483,613 $ 6,668,108 $ 2,771,004 $ 5,557,937 $ (18,061,135) $ 1,246,407 $ 64,291,541 $ 29,023 $ 2,000,000 $ 16,416,026 $ 175,880,104 55,755,173 77,472,557 885,429 0 195,367 1,509,862 1,053,033 9,229,433 0 1,032,038 324,000 28,268,650 153,888,428 196,235 1773 1768 JOURNAL OF THE SENATE Medical Benefits Total Funds Budgeted Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted Departmental Functional Budgets District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Vital Records Health Services Research Environmental Health Laboratory Services Community Health Management AIDS Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Injury Control Smoking Prevention and Cessation Public Health - Division Indirect Cost $ 6,138,072 $ 335,948,277 $ 324,160 $ 22,193,977 $ 161,051,291 Total Funds $ 13,601,694 $ 5,402,983 $ 2,903,473 $ 2,195,951 $ 6,251,438 $ 5,385,227 $ 3,285,095 $ 11,695,479 $ 85,325,463 $ 67,334,380 $ 13,078,079 $ 3,762,641 $ 593,232 $ 3,460,209 $ 1,702,964 $ 5,841,748 $ 2,192,913 $ 883,516 $ 2,883,080 $ 1,884,391 $0 $ 8,225,968 $ 3,011,205 $ 2,264,558 $ 936,370 $ 2,100,668 $ 7,902,630 $ 294,270 $ 21,942,470 $ 12,152,398 $ 12,580,279 $ 145,387 $ 13,037,544 $ 255,988 $ 11,434,586 $0 State Funds $ 13,444,126 $ 2,425,625 $ 2,578,298 $ 985,089 $ 5,484,619 $ 5,385,227 $ 1,009,508 $ 725,000 $0 $ 66,347,829 $ 6,248,767 $ 2,319,293 $ 477,088 $ 3,100,969 $0 $ 4,242,787 $ 1,286,761 $ 661,655 $ 1,199,521 $ 1,884,391 $0 $ 8,225,968 $ 2,733,139 $ 1,983,776 $ 936,370 $ 1,569,193 $ 7,632,630 $ 294,270 $ 15,080,753 $ 4,079,320 $ 2,885,718 $ 127,890 $ 10,336,018 $ 143,983 $ 11,434,586 $ (4,024,899) 1774 MONDAY, MARCH 22, 2004 1769 Total $ 335,948,277 $183,245,268 3. Family and Children Services Budget: Personal Services $ 13,908,298 Regular Operating Expenses $ 3,181,183 Travel $ 1,206,903 Motor Vehicle Purchases $ 0 Equipment $ 237,019 Real Estate Rentals $ 455,237 Per Diem and Fees $ 6,681,954 Contracts $ 8,745,966 Computer Charges $ 0 Telecommunications $ 669,785 Children's Trust Fund $ 7,453,650 Cash Benefits $ 123,303,498 Special Purpose Contracts $ 7,212,714 Service Benefits for Children $ 474,778,521 Purchase of Service Contracts $ 31,182,611 Postage $ 2,401,505 Grants to County DFACS - Operations $ 387,511,570 Total Funds Budgeted $ 1,068,930,414 Indirect DOAS Services Funding $ 0 Tobacco Funds Budgeted $ 3,341,218 State Funds Budgeted $ 455,978,602 Departmental Functional Budgets Total Funds State Funds Director's Office $ 981,512 $ 981,512 Social Services $ 6,840,444 $ 5,650,973 Fiscal Management $ 4,617,351 $ 2,631,522 Quality Assurance $ 3,734,855 $ 3,734,855 Community Services $ 14,160,081 $ 1,939,005 Field Management $ 2,856,460 $ 2,856,460 Professional Development $ 5,233,714 $ 3,240,013 Economic Support $ 3,243,921 $ 3,104,482 Child Care and Parent Services $ 419,493 $ 419,493 Temporary Assistance for Needy Families $ 114,134,948 $ 50,584,878 SSI - Supplemental Benefits $0 $0 Refugee Programs $ 2,795,420 $0 Energy Benefits $ 7,223,130 $0 County DFACS Operations - Eligibility $ 115,156,448 $ 50,350,630 County DFACS Operations - Social Services $ 148,596,356 $ 64,504,087 Food Stamp Issuance $ 3,190,752 $0 County DFACS Operations - Homemakers Services $ 7,802,877 $0 County DFACS Operations-Joint and Administration $ 90,212,741 $ 43,413,239 1775 1770 JOURNAL OF THE SENATE County DFACS Operations-Employability Program $ 26,143,148 $ 10,247,979 Employability Benefits $ 43,105,900 $ 10,743,985 Legal Services $ 6,546,322 $ 2,670,531 Family Foster Care $ 68,872,403 $ 37,137,938 Institutional Foster Care $ 61,823,596 $ 40,213,414 Specialized Foster Care $ 13,280,480 $ 7,851,508 Adoption Supplement $ 49,863,693 $ 28,604,393 Prevention of Foster Care $ 16,744,598 $ 3,069,048 Troubled Children $ 64,908,874 $ 36,720,495 Child Day Care $ 174,950,043 $ 50,141,358 Special Projects $ 4,037,204 $ 3,997,204 Children's Trust Fund $ 7,453,650 $ 7,453,650 Indirect Cost $0 $ (12,942,832) Total $ 1,068,930,414 $ 459,319,820 4. Community Mental Health/Mental Retardation and Institutions: Personal Services $ 300,223,326 Operating Expenses $ 59,967,012 Motor Vehicle Equipment Purchases $ 200,000 Utilities $ 9,501,001 Major Maintenance and Construction $ 1,991,161 Community Services $ 475,430,249 Total Funds Budgeted $ 847,312,749 Indirect DOAS Services Funding $ 558,163 Tobacco Funds Budgeted $ 10,255,138 State Funds Budgeted $ 595,031,686 Departmental Functional Budgets Total Funds State Funds Southwestern State Hospital $ 35,127,005 $ 21,357,081 Augusta Regional Hospital $ 21,301,244 $ 15,387,651 Northwest Regional Hospital at Rome $ 33,009,271 $ 22,429,463 Georgia Regional Hospital at Atlanta $ 42,133,045 $ 31,017,081 Central State Hospital $ 116,197,217 $ 67,113,686 Georgia Regional Hospital at Savannah $ 21,567,229 $ 17,111,722 Gracewood State School and Hospital $ 47,145,476 $ 18,558,275 West Central Regional Hospital $ 24,324,453 $ 19,457,788 Outdoor Therapeutic Programs $ 4,274,012 $ 3,333,322 Community Mental Health Services $ 208,278,597 $ 195,456,095 Community Mental Retardation Services $ 167,227,086 $ 132,992,447 Community Substance Abuse Services $ 102,490,368 $ 47,364,467 Program Direction and Support $ 15,144,492 $ 6,759,666 Regional Offices $ 9,093,254 $ 6,948,080 Total $ 847,312,749 $ 605,286,824 Budget Unit Object Classes: 1776 MONDAY, MARCH 22, 2004 Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Real Estate Rentals $ Per Diem and Fees $ Contracts $ Computer Charges $ Telecommunications $ Operating Expenses $ Community Services $ Case Services $ Children's Trust Fund $ Cash Benefits $ Special Purpose Contracts $ Service Benefits for Children $ Purchase of Service Contracts $ Grant-In-Aid to Counties $ Major Maintenance and Construction $ Utilities $ Postage $ Payments to DCH-Medicaid Benefits $ Grants to County DFACS - Operations $ Medical Benefits $ Brain and Spinal Trust Fund Benefits $ Total Funds Budgeted $ Indirect DOAS Services Funding $ Tobacco Funds Budgeted $ Brain and Spinal Trust Fund $ State Funds Budgeted $ Section 17. Department of Industry, Trade and Tourism. State Funds $ Tobacco Funds $ Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Computer Charges $ Real Estate Rentals $ Telecommunications $ 1771 476,221,902 86,477,110 4,794,078 200,000 914,133 12,281,111 13,351,635 50,073,598 53,851,170 18,278,007 59,967,012 475,430,249 0 7,453,650 123,303,498 7,536,714 474,778,521 146,544,278 153,888,428 2,154,612 9,501,001 4,693,676 34,317,677 389,215,970 6,138,072 1,850,000 2,613,216,102 5,620,100 44,068,581 2,000,000 1,377,663,435 36,890,014 0 12,205,010 1,246,602 590,306 0 15,597 376,336 793,884 416,120 1777 1772 JOURNAL OF THE SENATE Per Diem and Fees Contracts Local Welcome Center Contracts Marketing Georgia Ports Authority Lease Rentals Foreign Currency Reserve Waterway Development in Georgia Lanier Regional Watershed Commission Georgia World Congress Center One Georgia Fund Intergovernmental Contract Total Funds Budgeted Tobacco Funds Budgeted State Funds Budgeted Departmental Functional Budgets Administration Economic Development Trade Tourism Film Total Section 18. Department of Insurance. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Health Care Utilization Review Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets Internal Administration Insurance Regulation Industrial Loans Regulation $ 35,200 $ 1,245,148 $ 244,335 $ 8,518,073 $ 11,154,653 $ 0 $ 48,750 $ 0 $ 0 $ 0 $ 0 $ 36,890,014 $ 0 $ 36,890,014 Total Funds $ 21,652,905 $ 7,082,068 $ 2,914,020 $ 4,631,529 $ 609,492 $ 36,890,014 State Funds $ 21,652,905 $ 7,082,068 $ 2,914,020 $ 4,631,529 $ 609,492 $ 36,890,014 $ 16,427,511 $ 14,943,088 $ 702,947 $ 433,030 $ 80,176 $ 20,000 $ 223,000 $ 622,028 $ 353,700 $ 86,042 $ 0 $ 0 $ 17,464,011 $ 16,427,511 Total Funds $ 5,266,572 $ 6,386,142 $ 510,639 State Funds $ 5,266,572 $ 6,386,142 $ 510,639 1778 MONDAY, MARCH 22, 2004 1773 Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund Total Section 19. Department of Juvenile Justice. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts Capital Outlay Juvenile Justice Reserve Children and Youth Grants Juvenile Justice Grants Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets Regional Youth Development Centers Youth Development Centers YDC Purchased Services Court Services Day Centers Group Homes Community Corrections Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Office of Training Children and Youth Coordinating Council Total $ 4,726,805 $ 573,853 $ 17,464,011 $ 3,690,305 $ 573,853 $ 16,427,511 $ 273,367,722 $ 162,525,770 $ 14,390,568 $ 2,167,512 $ 214,143 $ 686,951 $ 3,398,720 $ 4,202,418 $ 2,255,742 $ 4,329,248 $ 5,438,254 $ 3,260,451 $ 383,333 $ 0 $ 88,971,145 $ 0 $ 0 $ 0 $ 200,000 $ 1,203,259 $ 293,627,514 $ 273,367,722 Total Funds $ 82,102,260 $ 69,498,000 $ 22,366,803 $ 34,307,923 $ 574,022 $ 1,848,949 $ 50,578,032 $ 1,561,125 $ 911,303 $ 4,342,246 $ 19,998,401 $ 3,255,802 $ 2,282,648 $ 293,627,514 State Funds $ 80,598,300 $ 67,250,581 $ 21,462,996 $ 29,753,116 $ 574,022 $ 1,848,949 $ 41,267,008 $ 1,561,125 $ 911,303 $ 4,252,246 $ 19,800,182 $ 3,255,802 $ 832,092 $ 273,367,722 1779 1774 JOURNAL OF THE SENATE Section 20. Department of Labor. A. Budget Unit: State Funds - Department of Labor $ 14,907,062 Personal Services $ 87,832,868 Regular Operating Expenses $ 7,405,831 Travel $ 1,481,527 Motor Vehicle Purchases $ 34,858 Equipment $ 566,309 Computer Charges $ 2,710,148 Real Estate Rentals $ 2,830,503 Telecommunications $ 1,910,832 WIA Contracts $ 54,500,000 Per Diem and Fees $ 2,703,378 Contracts $ 1,513,287 W.I.N. Grants $ 0 Payments to State Treasury $ 1,287,478 Capital Outlay $ 0 Total Funds Budgeted $ 164,777,019 State Funds Budgeted $ 14,907,062 B. Budget Unit: State Funds - Division of Rehabilitation Services $ Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Real Estate Rentals $ Per Diem and Fees $ Contracts $ Computer Charges $ Telecommunications $ Case Services $ Special Purpose Contracts $ Purchase of Services Contracts $ Major Maintenance and Construction $ Capital Outlay $ Total Funds Budgeted $ Indirect DOAS Services Funding $ State Funds Budgeted $ Departmental Functional Budgets Total Funds Vocational Rehabilitation Services $ 85,351,353 27,775,736 91,827,382 13,928,245 2,003,571 39,095 1,081,290 6,022,313 7,177,826 4,425,033 2,573,235 2,953,221 41,304,191 1,080,076 12,657,710 255,000 0 187,328,188 150,000 27,775,736 State Funds $ 17,613,170 1780 MONDAY, MARCH 22, 2004 1775 Business Enterprise Program Administration Disability Adjudication Georgia Industries for the Blind Roosevelt Warm Springs Institute Total $ 1,651,003 $ 3,911,097 $ 55,297,080 $ 11,800,937 $ 29,316,718 $ 187,328,188 $ 347,875 $ 2,433,451 $0 $ 701,562 $ 6,679,678 $ 27,775,736 Section 21. Department of Law. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Books for State Library Transfer Funds to Governor's Office Total Funds Budgeted State Funds Budgeted $ 14,264,933 $ 14,339,147 $ 705,564 $ 181,781 $ 0 $ 0 $ 299,269 $ 831,689 $ 155,913 $ 19,350,000 $ 0 $ 197,158 $ 0 $ 36,060,521 $ 14,264,933 Section 22. Merit System of Personnel Administration. State Funds $ Personal Services $ Regular Operating Expenses $ Travel $ Equipment $ Real Estate Rents $ Per Diem and Fees $ Contracts $ Computer Charges $ Telecommunications $ Payments to State Treasury $ Total Funds Budgeted $ Federal Funds $ Other Agency Funds $ Agency Assessments $ Deferred Compensation $ State Funds Budgeted $ 0 8,630,409 991,171 133,213 0 706,480 239,697 843,311 1,727,172 173,863 2,201,416 15,646,732 0 1,573,802 13,142,987 929,943 0 1781 1776 JOURNAL OF THE SENATE Section 23. Department of Motor Vehicle Safety. State Funds $ Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Computer Charges $ Real Estate Rentals $ Telecommunications $ Per Diem and Fees $ Contracts $ Capital Outlay $ Motor Vehicle Tag Purchase $ Post Repairs $ Conviction Reports $ Driver's License Processing $ Postage $ Investment for Modernization $ Total Funds Budgeted $ Department of Transportation Permit Funds $ Indirect DOAS Funding $ State Funds Budgeted $ Departmental Functional Budgets Total Funds Administration $ 33,307,404 Operations $ 40,232,849 Enforcement $ 14,979,472 Total $ 88,519,725 77,665,832 56,932,433 6,972,031 457,236 328,884 339,285 12,461,537 2,730,422 2,526,623 330,653 1,316,560 0 0 0 329,824 3,044,237 750,000 0 88,519,725 6,396,898 1,960,000 77,665,832 State Funds $ 28,020,819 $ 40,232,849 $ 9,412,164 $ 77,665,832 Section 24. Department of Natural Resources. A. Budget Unit: State Funds - Department of Natural Resources Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications $ 95,967,476 $ 86,638,478 $ 15,150,657 $ 813,626 $0 $ 1,314,415 $ 3,282,064 $ 1,268,551 $ 6,253,031 $ 544,000 $ 1,356,959 1782 MONDAY, MARCH 22, 2004 1777 Authority Lease Rentals $ Advertising and Promotion $ Cost of Material for Resale $ Capital Outlay: New Construction $ Repairs and Maintenance $ Wildlife Management Area Land Acquisition $ Paving at State Parks and Historic Sites $ Grants: Land and Water Conservation $ Georgia Heritage 2000 Grants $ Recreation $ Contracts: Georgia State Games Commission $ Payments to Civil War Commission $ Hazardous Waste Trust Fund $ Solid Waste Trust Fund $ Wildlife Endowment Fund $ Payments to Georgia Agricultural Exposition Authority $ Payments to Southwest Georgia Railroad Excursion Authority $ Payments to McIntosh County $ Payments to Baker County $ Payments to Calhoun County $ Payments to Georgia Agrirama Development Authority for operations $ Community Green Space Grants $ Total Funds Budgeted $ Receipts from Jekyll Island State Park Authority $ Receipts from Stone Mountain Memorial Association $ Receipts from Lake Lanier Islands Development Authority $ Receipts from North Georgia Mountain Authority $ Indirect DOAS Funding $ State Funds Budgeted $ Departmental Functional Budgets Total Funds Commissioner's Office $ 5,152,252 Program Support $ 7,359,627 Historic Preservation $ 2,555,486 Parks, Recreation and Historic Sites $ 39,218,700 Coastal Resources $ 2,453,802 Wildlife Resources $ 34,722,590 Environmental Protection $ 40,179,380 Pollution Prevention Assistance $ 390,596 0 689,910 1,293,300 669,178 3,314,750 982,330 500,000 800,000 241,277 0 97,500 57,465 3,595,077 0 0 1,703,228 407,696 100,000 31,000 24,000 903,941 0 132,032,433 940,190 0 1,331,931 1,434,982 200,000 95,967,476 State Funds $ 5,104,986 $ 7,359,627 $ 2,065,486 $ 19,626,911 $ 2,282,940 $ 29,265,619 $ 29,975,224 $ 286,683 1783 1778 JOURNAL OF THE SENATE Total $ 132,032,433 $ 95,967,476 B. Budget Unit: State Funds - Georgia Agricultural Exposition Authority $ 0 Personal Services $ 3,205,081 Regular Operating Expenses $ 2,305,631 Travel $ 10,000 Motor Vehicle Purchases $ 0 Equipment $ 36,796 Computer Charges $ 20,000 Real Estate Rentals $ 0 Telecommunications $ 80,000 Per Diem and Fees $ 89,167 Contracts $ 754,000 Capital Outlay $ 0 Total Funds Budgeted $ 6,500,675 State Funds Budgeted $ 0 C. Budget Unit: State Funds - Georgia Agrirama Development Authority Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Goods for Resale Total Funds Budgeted State Funds Budgeted $ 0 $ 923,985 $ 172,637 $ 1,790 $ 0 $ 8,830 $ 1,000 $ 0 $ 15,000 $ 0 $ 5,000 $ 52,000 $ 75,000 $ 1,255,242 $ 0 Section 25. State Board of Pardons and Paroles. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals $ 46,609,659 $ 38,442,338 $ 1,333,825 $ 331,800 $ 0 $ 291,500 $ 591,200 $ 2,764,792 1784 MONDAY, MARCH 22, 2004 1779 Telecommunications Per Diem and Fees Contracts County Jail Subsidy Health Services Purchases Total Funds Budgeted State Funds Budgeted $ 1,002,721 $ 929,209 $ 284,774 $ 617,500 $ 20,000 $ 46,609,659 $ 46,609,659 Section 26. Department of Public Safety A. Budget Unit: State Funds-Department of Public Safety $ Operations Budget: Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Computer Charges $ Real Estate Rentals $ Telecommunications $ Per Diem and Fees $ Contracts $ State Patrol Posts Repairs and Maintenance $ Capital Outlay $ Conviction Reports $ Total Funds Budgeted $ Indirect DOAS Service Funding $ State Funds Budgeted $ Departmental Functional Budgets Total Funds Administration $ 15,291,287 Field Operations $ 61,094,746 Capitol Police $ 3,151,435 Total $ 79,537,468 B. Budget Unit: State Funds - Units Attached for Administrative Purposes Only $ Attached Units Budget: Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Computer Charges $ Real Estate Rentals $ 75,396,033 65,154,244 7,795,297 76,895 2,876,986 290,290 654,000 100,695 1,743,369 240,122 289,333 316,237 0 0 79,537,468 990,000 75,396,033 State Funds $ 14,451,287 $ 60,944,746 $0 $ 75,396,033 14,310,732 10,875,436 2,618,201 113,908 0 160,599 256,767 312,679 1785 1780 JOURNAL OF THE SENATE Telecommunications Per Diem and Fees Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets Office of Highway Safety Georgia Peace Officers Standards and Training Police Academy Fire Academy Georgia Firefighters Standards and Training Council Georgia Public Safety Training Facility Total $ $ $ $ $ $ $ $ Total Funds $ 3,794,167 $ 1,371,835 $ 1,182,466 $ 1,126,203 $ 455,845 $ 11,197,780 $ 19,128,296 303,858 211,129 29,579 2,525,200 1,720,940 0 19,128,296 14,310,732 State Funds $ 548,940 $ 1,371,835 $ 1,083,893 $ 1,013,340 $ 455,845 $ 9,836,879 $ 14,310,732 Section 27. Public School Employees' Retirement System. State Funds $ Payments to Employees' Retirement System $ Employer Contributions $ Total Funds Budgeted $ State Funds Budgeted $ 1,420,696 587,500 833,196 1,420,696 1,420,696 Section 28. Public Service Commission. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Total Funds Budgeted State Funds Budgeted $ 8,651,730 $ 6,571,487 $ 250,711 $ 86,876 $ 0 $ 15,300 $ 208,791 $ 494,933 $ 117,773 $ 628,262 $ 550,908 $ 8,925,041 $ 8,651,730 Section 29. Board of Regents, University System of Georgia. A. Budget Unit: State Funds - Resident Instruction $ Tobacco Funds $ 1,422,377,713 6,244,639 1786 MONDAY, MARCH 22, 2004 Personal Services: Educ., Gen., and Dept. Svcs $ Sponsored Operations $ Operating Expenses: Educ., Gen., and Dept. Svcs $ Sponsored Operations $ Special Funding Initiative $ Office of Minority Business Enterprise $ Student Education Enrichment Program $ Forestry Research $ Research Consortium $ Capital Outlay $ Total Funds Budgeted $ Departmental Income $ Sponsored Income $ Other Funds $ Indirect DOAS Services Funding $ Governor's Emergency Funds $ Tobacco Funds Budgeted $ State Funds Budgeted $ B. Budget Unit: State Funds - Regents Central Office and Other Organized Activities $ Tobacco Funds $ Personal Services: Educ., Gen., and Dept. Svcs $ Sponsored Operations $ Operating Expenses: Educ., Gen., and Dept. Svcs $ Sponsored Operations $ Agricultural Research $ Advanced Technology Development Center/ Economic Development Institute $ Seed Capital Fund - ATDC $ Capital Outlay $ Center for Rehabilitation Technology $ SREB Payments $ Regents Opportunity Grants $ Rental Payments to Georgia Military College $ Direct Payments to the Georgia Public Telecommunications Commission for Operations $ Public Libraries Salaries and Operations $ Student Information System $ 1781 1,797,857,764 503,438,312 470,912,762 755,196,564 31,120,771 988,152 326,759 955,831 28,277,080 95,063,332 3,684,137,327 132,560,254 1,258,634,876 861,280,345 3,039,500 0 6,244,639 1,422,377,713 201,408,424 0 130,390,367 75,862,198 48,962,224 41,236,508 2,654,645 24,377,860 0 0 8,624,939 819,638 517,964 1,745,496 17,703,442 34,142,788 0 1787 1782 JOURNAL OF THE SENATE Georgia Medical College Health, Inc. Total Funds Budgeted Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted $ 33,168,087 $ 420,206,156 $ 8,961,113 $ 130,889,335 $ 78,403,784 $ 543,500 $ 0 $ 201,408,424 Regents Central Office and Other Organized Activities Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute Advanced Technology Development Center/ Economic Development Institute Agricultural Experiment Station Cooperative Extension Service Medical College of Georgia Hospital and Clinics Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Public Libraries State Data Center Total Total Funds $ 2,735,555 $ 6,664,647 $ 1,763,841 $ 130,668,179 State Funds $ 1,550,755 $ 1,691,708 $ 996,208 $ 9,086,302 $ 24,377,860 $ 75,516,239 $ 59,237,775 $ 193,500 $ 3,461,327 $ 7,192,975 $ 3,625,810 $ 4,653,970 $ 61,321,456 $ 38,643,022 $ 150,000 $ 420,206,156 $ 9,361,860 $ 43,074,977 $ 36,143,638 $0 $ 3,461,327 $ 492,975 $0 $0 $ 61,214,607 $ 34,334,067 $0 $ 201,408,424 C. Budget Unit: State Funds - Georgia Public Telecommunications Commission Personal Services Operating Expenses General Programming Distance Learning Programming Total Funds Budgeted Other Funds State Funds Budgeted $ 0 $ 14,351,727 $ 17,505,728 $ 4,070,278 $ 0 $ 35,927,733 $ 35,927,733 $ 0 D. Budget Unit: Lottery for Education $ 0 Equipment, Technology and Construction Trust Fund $ 0 Georgia Public Telecommunications Commission $ 0 1788 MONDAY, MARCH 22, 2004 1783 Internet Connection Initiative Special Funding Initiatives Research Consortium - Georgia Research Alliance Equipment - Public Libraries Student Information System Educational Technology Center Total Funds Budgeted Lottery Funds Budgeted $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 Section 30. Department of Revenue. State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff Postage Investment for Modernization Homeowner Tax Relief Grants Total Funds Budgeted Indirect DOAS Services Funding Tobacco Funds State Funds Budgeted Departmental Functional Budgets Departmental Administration Internal Administration Information Systems Compliance Division Income Tax Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco $ 466,895,136 $ 150,000 $ 58,083,981 $ 7,474,771 $ 987,071 $ 49,980 $ 276,384 $ 14,723,799 $ 6,935,736 $ 1,347,830 $ 606,992 $ 1,223,613 $ 3,984,294 $ 0 $ 0 $ 17,785,550 $ 380,000,000 $ 493,480,001 $ 2,545,000 $ 150,000 $ 466,895,136 Total Funds $ 37,235,046 $ 7,513,511 $ 15,955,172 $ 25,183,030 $ 7,501,284 $ 384,779,903 $ 5,660,773 $ 5,000 $ 6,431,798 $ 3,214,484 State Funds $ 19,449,496 $ 7,513,511 $ 14,700,172 $ 21,277,267 $ 7,501,284 $ 382,669,768 $ 5,638,130 $ 5,000 $ 5,231,798 $ 3,058,710 1789 1784 JOURNAL OF THE SENATE Total $ 493,480,001 $ 467,045,136 Section 31. Secretary of State. A. Budget Unit: State Funds - Secretary of State Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Election Expenses Capital Outlay Total Funds Budgeted HAVA Funds Budgeted State Funds Budgeted Departmental Functional Budgets Internal Administration Archives and Records Capitol Education Center Business Services - Corporations Business Services - Securities Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Holocaust Commission Total $ 31,745,744 $ 18,856,886 $ 3,703,410 $ 357,621 $ 0 $ 65,019 $ 3,070,698 $ 4,464,296 $ 920,498 $ 171,876 $ 835,455 $ 364,335 $ 0 $ 32,810,094 $ 0 $ 31,745,744 Total Funds $ 5,495,822 $ 6,562,296 $ 411,684 $ 1,846,999 $ 1,957,238 $ 5,283,165 $ 1,296,730 $ 759,751 $ 8,936,643 $ 259,766 $ 32,810,094 State Funds $ 5,465,822 $ 6,487,296 $ 411,684 $ 1,107,649 $ 1,907,238 $ 5,263,165 $ 1,296,730 $ 759,751 $ 8,786,643 $ 259,766 $ 31,745,744 B. Budget Unit: State Funds - Real Estate Commission $ Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Computer Charges $ Real Estate Rentals $ Telecommunications $ Per Diem and Fees $ 2,330,272 1,572,130 145,000 47,000 0 12,500 154,185 179,512 79,043 140,902 1790 MONDAY, MARCH 22, 2004 Contracts $ Total Funds Budgeted $ State Funds Budgeted $ Section 32. Soil and Water Conservation Commission. State Funds $ Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Computer Charges $ Real Estate Rentals $ Telecommunications $ Per Diem and Fees $ Contracts $ County Conservation Grants $ Total Funds Budgeted $ State Funds Budgeted $ Section 33. Student Finance Commission. A. Budget Unit: State Funds-Student Finance Commission $ Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Computer Charges $ Real Estate Rentals $ Telecommunications $ Per Diem and Fees $ Contracts $ Guaranteed Educational Loans $ Tuition Equalization Grants $ Law Enforcement Personnel Dependents' Grants $ North Georgia College ROTC Grants $ North Georgia College Graduates Scholarship $ Osteopathic Medical Loans $ Georgia Military Scholarship Grants $ LEAP Program $ Governor's Scholarship Program $ Total Funds Budgeted $ State Funds Budgeted $ 1785 0 2,330,272 2,330,272 3,192,797 1,865,751 355,563 43,721 90,534 65,115 11,605 202,339 43,461 129,176 1,663,066 0 4,470,331 3,192,797 38,308,251 557,222 18,495 8,000 0 6,300 3,420 49,015 8,996 7,060 13,565 3,665,449 29,108,559 64,655 455,856 22,427 0 685,560 1,487,410 2,666,915 38,828,904 38,308,251 1791 1786 JOURNAL OF THE SENATE Departmental Functional Budgets Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education Commission Total Total Funds $ 38,156,831 $ 672,073 $ 38,828,904 State Funds $ 37,636,178 $ 672,073 $ 38,308,251 B. Budget Unit: Lottery for Education HOPE Financial Aid - Tuition HOPE Financial Aid - Books HOPE Financial Aid - Fees Tuition Equalization Grants Hope Scholarships - Private Colleges Georgia Military College Scholarship LEPD Scholarship Teacher Scholarships Promise Scholarships Promise II Scholarships Engineer Scholarships Personal Services - HOPE Administration Operating Expenses - HOPE Administration Total Funds Budgeted Lottery Funds Budgeted $ 441,305,643 $ 261,267,431 $ 55,896,225 $ 60,501,057 $ 0 $ 45,086,180 $ 770,477 $ 255,850 $ 5,332,698 $ 5,855,278 $ 559,090 $ 760,000 $ 1,992,161 $ 3,029,196 $ 441,305,643 $ 441,305,643 Section 34. Teachers' Retirement System. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Employee Benefits Retirement System Members Floor Fund for Local Retirement Systems Total Funds Budgeted State Funds Budgeted $ 2,489,000 $ 12,701,449 $ 844,344 $ 76,500 $ 0 $ 115,000 $ 9,185,000 $ 723,975 $ 270,000 $ 493,000 $ 0 $ 0 $ 2,390,000 $ 99,000 $ 26,898,268 $ 2,489,000 Section 35. Department of Technical and Adult Education. 1792 MONDAY, MARCH 22, 2004 1787 A. Budget Unit: State Funds - Department of Technical and Adult Education $ Personal Services $ Regular Operating Expenses $ Travel $ Motor Vehicle Purchases $ Equipment $ Real Estate Rentals $ Per Diem and Fees $ Contracts $ Computer Charges $ Telecommunications $ Capital Outlay $ Personal Services-Institutions $ Operating Expenses-Institutions $ Area School Program $ Adult Literacy Grants $ Regents Program $ Quick Start Program $ Total Funds Budgeted $ State Funds Budgeted $ Departmental Functional Budgets Total Funds Administration $ 8,297,595 Institutional Programs $ 367,838,793 Total $ 376,136,388 300,389,271 6,389,822 336,985 125,510 0 19,359 586,463 126,671 169,110 427,695 115,980 0 262,834,067 63,264,442 6,122,305 19,481,603 3,481,395 12,654,981 376,136,388 300,389,271 State Funds $ 6,237,807 $ 294,151,464 $ 300,389,271 B. Budget Unit: Lottery for Education $ 0 Computer Laboratories and Satellite Dishes-Adult Literacy $ 0 Capital Outlay $ 0 Capital Outlay - Technical Institute Satellite Facilities $ 0 Equipment-Technical Institutes $ 0 Repairs and Renovations - Technical Institutes $ 0 Total Funds Budgeted $ 0 Lottery Funds Budgeted $ 0 Section 36. Department of Transportation. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment $ 664,624,076 $ 262,036,283 $ 79,541,041 $ 2,102,945 $ 1,927,750 $ 6,422,328 1793 1788 JOURNAL OF THE SENATE Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Capital Outlay - Airport Aid Program Mass Transit Grants Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations Payments to the State Road and Tollway Authority Contracts with the Georgia Rail Passenger Authority Guaranteed Revenue Debt Reserve Fund Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets $ 8,850,593 $ 1,830,782 $ 4,924,470 $ 7,368,438 $ 46,953,939 $ 1,126,805,995 $ 3,766,087 $ 16,792,867 $ 721,355 $ 38,170,605 $ 200,000 $ 26,155,000 $ 1,634,570,478 $ 664,624,076 Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total Total Funds $ 1,333,878,643 $ 232,962,680 $ 14,132,944 $ 27,247,895 $ 1,608,222,162 State Funds $ 383,438,356 $ 228,378,541 $ 13,632,944 $ 26,344,145 $ 651,793,986 General Funds Budget Planning and Construction Maintenance and Betterments Administration Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Total $0 $0 $0 $ 2,825,856 $ 22,801,105 $ 721,355 $ 26,348,316 $0 $0 $0 $ 2,168,061 $ 9,940,674 $ 721,355 $ 12,830,090 Section 37. Department of Veterans Service. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications $ 22,131,693 $ 5,931,769 $ 357,117 $ 136,200 $ 0 $ 100,822 $ 6,999 $ 221,889 $ 85,516 1794 MONDAY, MARCH 22, 2004 1789 Per Diem and Fees $ Contracts $ Operating Expense/Payments to Medical College of Georgia $ Capital Outlay $ WWII Veterans Memorial $ Regular Operating Expenses for Projects and Insurance $ Total Funds Budgeted $ State Funds Budgeted $ Departmental Functional Budgets Total Funds Veterans Assistance $ 25,074,082 Veterans Nursing Home-Augusta $ 7,790,296 Total $ 32,864,378 24,500 18,014,875 7,790,296 0 0 194,395 32,864,378 22,131,693 State Funds $ 17,321,989 $ 4,809,704 $ 22,131,693 Section 38. Workers' Compensation Board. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Payments to State Treasury Contracts Total Funds Budgeted State Funds Budgeted $ 17,056,071 $ 9,954,026 $ 470,115 $ 140,600 $ 0 $ 44,048 $ 3,261,976 $ 1,341,009 $ 176,744 $ 183,100 $ 1,832,453 $ 16,000 $ 17,420,071 $ 17,056,071 Section 39. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (Issued) $ 259,643,319 Motor Fuel Tax Funds (Issued) $ 66,000,000 Other Funds $ 309,382,070 $ 635,025,389 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) $ 51,029,725 Motor Fuel Tax Funds (New) $ 0 $ 51,029,725 Section 40. Provisions Relative to Section 3, Judicial Branch. 1795 1790 JOURNAL OF THE SENATE The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges. Section 41. Provisions Relative to Section 4, Department of Administrative Services. It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services. Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2003 of all vehicles purchased or newly leased during Fiscal Year 2003. Notwithstanding any provision of the law to the contrary, in managing any of the selfinsurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs. 1796 MONDAY, MARCH 22, 2004 1791 Section 42. Provisions Relative to Section 7, Department of Community Affairs. Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows: If a local assistance grant below incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose. If a local assistance grant below states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character. Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity. If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property. Recipient City of Milledgeville City of Columbus Description Funding for operating expenses for Silver Haired Legislature Funding for the Civil War Naval Museum in the City of Columbus Amount $ 15,000 $ 97,500 Section 43. Provisions Relative to Section 8, Department of Community Health. There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the provider fees paid to the Indigent Care Trust Fund created pursuant to Article 6A of Chapter 8 of Title 31. The sum of money is appropriated for payments to nursing homes pursuant to Article 6A. It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 2004 shall not exceed 13.1%. It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 2004 shall not exceed 13.1%. Section 44. Provisions Relative to Section 11, State Board of Education Department of Education. 1797 1792 JOURNAL OF THE SENATE The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,342.72. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. Section 45. Provisions Relative to Section 15, Office of the Governor. There is hereby appropriated to the Office of the Governor the sum of $350,000 of the moneys collected in accordance with O.C.G.A. Title 10, Chapter 1, Article 28. The sum of money is appropriated for use by the Office of Consumer Affairs for all the purposes for which such moneys may be appropriated pursuant to Article 28. It is the intent of the General Assembly that of funds appropriated for the Governor's Emergency Fund, $1,500,000 is intended for relief in declared disasters. Section 46. Provisions Relative to Section 16, Department of Human Resources. The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: Number in Standards Maximum Monthly Asst. Group of Need Amount 1 $ 235 $ 155 2 356 235 3 424 280 4 500 330 5 573 378 6 621 410 7 672 444 8 713 470 9 751 496 10 804 530 11 860 568 Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment. Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall 1798 MONDAY, MARCH 22, 2004 1793 not require prior budgetary approval. Provided, that of the above appropriations relative to the treatment of Hemophilia and it's complications, these funds may be used to provide treatment and care to the bleeding disorders community or to purchase insurance to provide this treatment and care, whichever is less. Section 47. Provisions Relative to Section 20, Department of Labor. Provided, from funds known as Reed Act funds credited to and held in this state's account in the Unemployment Trust Fund by the United States Secretary of the Treasury pursuant to the "Job Creation and Worker Assistance Act of 2002" (P.L. 107-147) and Section 903 (d) of the Social Security Act, as amended, $49,339,507 is designated for administration of the unemployment compensation law and public employment offices, including workforce information service delivery, technology, resources, and equipment to support employment, workforce staff training, studies and reports, buildings, fixtures, furnishings, and supplies. The amount hereby appropriated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, and shall be obligated and expended in accordance with Section 903 (d) (4) of the Social Security Act. Provided further, that no funds shall be expended until approved by the Office of Planning and Budget Section 48. Provisions Relative to Section 22, Merit System of Personnel Administration. The Department is authorized to assess no more than $147.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year. Section 49. Provisions Relative to Section 24, Department of Natural Resources. Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department. Provided, that of the amount above for contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to 1799 1794 JOURNAL OF THE SENATE employees who live or work in the "Atlanta Ozone Nonattainment Area" and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation "Atlanta Ozone Nonattainment Area" means the geographic area of the state comprised of Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale Counties. Section 50. Provisions Relative to Section 30, Department of Revenue. For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $10,000 for the taxable year beginning January 1, 2003. Section 51. Provisions Relative to Section 31, Secretary of State. There is included in the Real Estate Rentals object class for the Secretary of State funding for a rental agreement with the Development Authority of Clayton County for the Department of Archives and History. Section 52. Provisions Relative to Section 34, Teachers' Retirement System. It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.24% for S.F.Y. 2004. Section 53. Provisions Relative to Section 36, Department of Transportation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. 1800 MONDAY, MARCH 22, 2004 1795 d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 36 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(1), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation. Provided, that funding available to the Department of Transportation may be used for right-of-way acquisition for a multi-lane road to connect Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3. Provided further, that from the amount equal to all money derived from motor fuel taxes for the proceeding fiscal year, there is appropriated the sum $26,155,000 for payment into the "State of Georgia Guaranteed Revenue Debt Common Reserve Fund". The purpose of this appropriation is to authorize the guarantee by the State of an issue of revenue obligations of the State Road and Tollway Authority for the construction and improvements to roads and bridges including related planning, engineering and land acquisition expenses. The maximum principal amount of the specific issue shall not exceed $331,000,000; the amount of the highest debt service shall not exceed the amount of this appropriation; and the maximum maturities of the issue shall not exceed two hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue. Section 54. 1801 1796 JOURNAL OF THE SENATE In addition to all other appropriations for the State fiscal year ending June 30, 2004, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,578,874 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retardation institutions ($8,458,874) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 55. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition 1802 MONDAY, MARCH 22, 2004 1797 of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees. Section 56. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures by object class, which is the legal level of budgetary control contemplated in this Appropriations Act. Section 57. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 58. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 59. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 60. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 2003 Regular 1803 1798 JOURNAL OF THE SENATE Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. (b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications. (b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group. (b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget. Section 61. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget. Section 62. 1804 MONDAY, MARCH 22, 2004 1799 There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 63. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 2004 $16,079,533,973 Section 64. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 65. All laws and parts of laws in conflict with this Act are repealed." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Hill of the 4th moved that the Senate adopt the Conference Committee Report on HB 1180. On the motion, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Harbison Harp Y Henson Y Hill Y Hooks Hudgens Y Jackson Y Johnson Y Kemp,B Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens N Stokes Y Tanksley 1805 1800 JOURNAL OF THE SENATE Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Kemp,R N Lamutt Y Lee N Levetan Y Me V Bremen Y Moody Y Mullis N Price N Reed Y Seabaugh Tate Y Thomas,D Y Thomas,N Thomas,R Y Thompson Y Tolleson E Unterman Y Williams Zamarripa On the motion, the yeas were 41, nays 7; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1180. The following communications were received by the Secretary: The State Senate Atlanta, Georgia 30334 My machine did not register for HB 1180. My vote is Yes. /s/ Peg Blitch 7th District The State Senate Atlanta, Georgia 30334 March 22, 2004 Frank Eldridge Secretary of the Senate Dear Frank, On Monday, March 22, 2004, I was in Legislative Counsels' office when HB 1180 was voted on in the Senate. I wish to go on record as a "yes" vote. Sincerely, /s/ Ralph Hudgens The Calendar was resumed. 1806 MONDAY, MARCH 22, 2004 1801 HB 1382. By Representatives Keen of the 146th, Rogers of the 20th, DeLoach of the 127th, Barnard of the 121st, Post 1 and Sheldon of the 71st, Post 2: A BILL to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to change the membership of the Shore Protection Committee; to change the membership of the Coastal Marshlands Protection Committee; and for other purposes. Senate Sponsor: Senator Kemp of the 3rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Harbison Harp Y Henson Y Hill Y Hooks Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Starr Stephens Y Stokes Tanksley Y 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 46, nays 0. HB 1382, having received the requisite constitutional majority, was passed. Senator Thompson of the 33rd gave notice that at the proper time, he would move that the Senate reconsider its action on HB 1415. 1807 1802 JOURNAL OF THE SENATE The Calendar was resumed. HB 1137. By Representatives Lunsford of the 85th, Post 2, Cummings of the 19th, Brooks of the 47th, Mills of the 67th, Post 2, Burmeister of the 96th and others: A BILL to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities and commissions with regard to the Employees' Retirement System of Georgia, so as to change the designation of the Georgia Indigent Defense Council to Georgia Public Defender Standards Council; and for other purposes. Senate Sponsor: Senator Seabaugh of the 28th. 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 February 5, 2004 The Honorable Bill Cummings State Representative State Capitol, Room 402 Atlanta, Georgia 30334 Dear Representative Cummings: SUBJECT: State Auditor's Certification Substitute to House Bill 1137 (LC 21 7740S) This substitute bill would amend provisions relating to the Employees' Retirement System, by changing the designation of the Georgia Indigent Defense Council to Georgia Public Defender Standards Council. All persons employed by the Georgia Indigent Defense Council on December 31, 2003 were transferred to the Georgia Public Defender Standards Council on such date. Such persons retained all benefits, including membership in the Employees' Retirement System. This is to certify that this substitute bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. 1808 MONDAY, MARCH 22, 2004 1803 Respectfully, /s/ Russell W. Hinton State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson E Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 52, nays 0. HB 1137, having received the requisite constitutional majority, was passed. 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. HB 1263. By Representatives Golick of the 34th, Post 3 and Mitchell of the 61st, Post 3: A BILL to amend Code Section 33-24-46 of the Official Code of Georgia Annotated, relating to cancellation or nonrenewal of certain property insurance policies, so as to define the term "claim against a policy"; and for other purposes. 1809 1804 JOURNAL OF THE SENATE Senate Sponsor: Senator Harp of the 16th. Senator Harp of the 16th offered the following amendment # 1: Amend HB 1263 by redesignating Sections 2 and 3 as Sections 3 and 4, respectively, and by striking lines 1 through 3 on page 1 and inserting in lieu thereof the following: "To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to impose a penalty for violations; to apply the penalty provision to all violations of Code Section 33-1-9, relating to insurance fraud; to define the term 'claim against a policy'; to provide for related matters; to provide an effective date; to repeal". By striking lines 7 and 8 on page 1 and inserting the following: "Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subsection (e) of Code Section 33-1-9, relating to insurance fraud, and inserting in lieu thereof a new subsection (e) to read as follows: '(e) A natural person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both.' SECTION 2. Said title is further amended by striking subsection (b) of Code Section 33-24-46 of the Official Code of Georgia Annotated, relating to cancellation and nonrenewal of certain property insurance policies,". On the adoption of the amendment, the yeas were 30, nays 1, and the Harp amendment # 1 was adopted. Senator Harp of the 16th offered the following amendment # 2: Amend HB 1263 by redesignating Sections 2 and 3 as Sections 3 and 4, respectively, and by striking lines 1 through 3 on page 1 and inserting in lieu thereof the following: "To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to authorize service of orders and notices by electronic mail; to define the term 'claim against a policy'; to provide for related matters; to provide an effective date; to repeal". By striking lines 7 and 8 on page 1 and inserting the following: "Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new subsection (d) to Code Section 33-2-10, relating to issuance and service of orders and notices, to read as follows: '(d) In addition to the service provisions set forth in subsection (c) of this Code section, any order of the Commissioner issued to multiple recipients in the form of a general directive, data call, or bulletin may be served by sending it by electronic mail, so that 1810 MONDAY, MARCH 22, 2004 1805 receipt is acknowledged by the recipient, to the electronic mail address on record in the Commissioners office. The Commissioner shall also post such general directive, data call, or bulletin contemporaneously on the departments website.' SECTION 2. Said title is further amended by striking subsection (b) of Code Section 33-24-46 of the Official Code of Georgia Annotated, relating to cancellation and nonrenewal of certain property insurance policies,". On the adoption of the amendment, the yeas were 35, nays 0, and the Harp amendment # 2 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman Y Balfour Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay E Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Hamrick Harbison Y Harp Henson Y Hill Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson E Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 44, nays 0. HB 1263, having received the requisite constitutional majority, was passed as amended. 1811 1806 JOURNAL OF THE SENATE HB 1441. By Representatives Jones of the 38th, Hill of the 81st, Campbell of the 39th, Dix of the 70th, Post 2 and Burkhalter of the 36th: A BILL to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to create a new offense relative to trafficking in 3, 4-methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine, commonly known as ecstacy; and for other purposes. Senate Sponsor: Senator Tanksley of the 32nd. The Senate Judiciary Committee offered the following substitute to HB 1441: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to create a new offense relative to trafficking in 3, 4-methylenedioxyamphetamine or 3, methylenedioxymethamphetamine, commonly known as ecstacy; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, is amended by adding a new Code section to the article to read as follows: "16-13-31.1. Any person who knowingly sells, manufactures, delivers, brings into this state, or has possession of 28 grams or more of 3, 4-methylenedioxyamphetamine or 3, 4methylenedioxymethamphetamine, or any mixture containing 3, 4methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine as described in Schedule I, in violation of this article commits the felony offense of trafficking in 3, 4methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine and, upon conviction thereof, shall be punished as follows: (1) If the quantity of such substance involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three years but not more than 30 years and shall pay a fine of not less than $25,000.00 nor more than $250,000.00; (2) If the quantity of such substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years but not more than 30 years and shall pay a fine of not less than 1812 MONDAY, MARCH 22, 2004 1807 $50,000.00 nor more than $250,000.00; and (3) If the quantity of such substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 10 years but not more than 30 years and shall pay a fine of not less than $100,000.00 nor more than $250,000.00." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Smith of the 25th offered the following amendment to the committee substitute to HB 1441: By inserting between lines 3 and 4 of page 2 the following to strike subsection (f) of Code Section 16-13-32.6 to insert in lieu thereof a new subsection (f) to read as follows: "SECTION 1A. "(f) The General Assembly hereby adopts and incorporates into this Code section all drug-free commercial zones which have been adopted by municipal or county ordinance and entered in the register of the Department of Community Affairs as provided for in subsection (d) of this Code section on or before March 22, 1999 10, 2004." On the adoption of the amendment, the yeas were 36, nays 0, and the Smith of the 25th amendment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 39, nays 0, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Kemp,R Y Lamutt 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 1813 1808 JOURNAL OF THE SENATE Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Thomas,N Y Thomas,R Y Thompson Y Tolleson E Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 52, nays 0. HB 1441, having received the requisite constitutional majority, was passed by substitute. Senator Tolleson of the 18th asked unanimous consent that Senator Crotts of the 17th be excused. The consent was granted, and Senator Crotts was excused. 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. Senate Sponsor: Senator Moody of the 27th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Lamutt Y Lee Y Levetan Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R 1814 MONDAY, MARCH 22, 2004 1809 Y Dean 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 E Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. HB 1176, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Hudgens of the 47th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 September 29, 2003 The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334 Dear Chairman Cummings: SUBJECT: State Auditor's Certification House Bill 878 (Substitute) (LC 21 7550S) 1815 1810 JOURNAL OF THE SENATE This bill would amend provisions relating to creditable service for members of the Employees' Retirement System who are assistant district attorneys or employees of the Prosecuting Attorneys' Council. If this legislation is enacted, such persons who were required to become members of the Employees' Retirement System, but who failed to do so at the time they were required to due to an administrative error, may obtain creditable service for all or a portion of such period of prior service. The amount of creditable service granted would be based upon the amount of funds paid by or on behalf of the member without creating an additional actuarial accrued liability to the Employees' Retirement System. 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 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson E Unterman Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. 1816 MONDAY, MARCH 22, 2004 1811 HB 878, having received the requisite constitutional majority, was passed. HB 547. By Representatives Harbin of the 80th and Keen of the 146th: A BILL to amend Code Section 33-9-39 of the Official Code of Georgia Annotated, relating to surcharges for certain public safety employees involved in automobile accidents, so as to remove certain limitations and conditions concerning the prohibition on insurance premium surcharges for certain public safety employees who are involved in automobile accidents; and for other purposes. Senate Sponsor: Senator Shafer of the 48th. 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 E Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Smith,P Y Squires Y Starr Y Stephens Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Thompson Y Tolleson E Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 0. HB 547, having received the requisite constitutional majority, was passed. 1817 1812 JOURNAL OF THE SENATE HB 1347. By Representatives Manning of the 32nd, Sinkfield of the 50th, Gardner of the 42nd, Post 3, Buckner of the 82nd, Henson of the 55th and others: A BILL to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide that a child welfare agency shall obtain for every applicant for employment a preliminary criminal records check from the Georgia Crime Information Center through a local law enforcement authority; to define certain terms; to provide that an individual with a criminal record which includes certain crimes shall be prohibited permanently from employment in, service on behalf of, or residence in a child welfare agency or for a minimum of ten years from the date of final disposition of the crime, depending on the type of crime involved; and for other purposes. Senate Sponsor: Senator Collins of the 6th. Senator Stokes of the 43rd offered the following amendment: Amend HB 1347 by striking line 1 of page 1 and inserting in lieu thereof the following: "To amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide for availability of information in child welfare agencies relating to recall notices on unsafe child care products; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated,". By redesignating Sections 1, 2, and 3 as Sections 2, 3, and 4, respectively, and by inserting a new Section 1 to read as follows: "SECTION 1. Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by adding a new Code section to read as follows: '49-5-23. (a) Any agency, department, or office that regulates child welfare agencies shall make available to such child welfare agencies at the time of application for initial or renewal certification or licensure information concerning contacting the U. S. Consumer Product Safety Commission to obtain recall notices on unsafe child and infant products. (b) Child welfare agencies shall post the phone number and website of the U. S. Consumer Product Safety Commission in a location visible to parents and visitors. The notice shall also advise such parents and visitors on how to obtain recall notices on unsafe child and infant products.'" 1818 MONDAY, MARCH 22, 2004 1813 On the adoption of the amendment, the yeas were 37, nays 0, and the Stokes amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson E Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 50, nays 0. HB 1347, having received the requisite constitutional majority, was passed as amended. 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. Senate Sponsor: Senator Hudgens of the 47th. 1819 1814 JOURNAL OF THE SENATE 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 February 19, 2003 The Honorable Bill Cummings State Representative State Capitol, Room 402 Atlanta, Georgia 30334 Dear Representative Cummings: SUBJECT: State Auditor's Certification House Bill 267 (Substitute) (LC 21 7288S) This bill would amend provisions relating to employee contributions for members of the Teachers Retirement System. If this legislation is enacted, the Board of Trustees would be authorized, under certain conditions, to set the employee contribution rate at not less than 3 percent nor more than 5 percent of the member's compensation. Currently, the employee contribution rate must be between 5 percent and 6 percent of the member's compensation. The decision to adjust the employee contribution rate must be based upon the recommendations of the actuary, the actuarial soundness of the fund, and other factors as the Board of Trustees deems relevant. This is to certify that this substitute bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 1820 MONDAY, MARCH 22, 2004 1815 Y Adelman Y Balfour Y Blitch Y Bowen Brown Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean 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 Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Stephens Y Stokes Y Tanksley 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 49, nays 0. HB 267, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Hudgens of the 47th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 254 Washington Street, S.W., Suite 214 1821 1816 JOURNAL OF THE SENATE Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 January 28, 2003 The Honorable Bill Cummings State Representative State Capitol, Room 402 Atlanta, Georgia 30334 Dear Representative Cummings: SUBJECT: State Auditor's Certification House Bill (LC 21 7165) This bill would amend provisions relating to retirement benefits under the Judges of the Probate Courts Retirement Fund. Specifically, this bill would allow an unmarried member to designate a surviving beneficiary at the time of retirement. Such member would then receive an actuarially reduced benefit, and upon the member's death, the surviving beneficiary would begin receiving benefits for the remainder of his or her life. This bill would also allow a married member to designate a surviving beneficiary other than his or her spouse, provided the spouse agrees in writing to such designation. Finally, this bill would allow a surviving spouse to forego a monthly benefit in favor of a designated survivor. Such election must be made in writing before such benefits would commence. 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 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 Harbison Y Harp Y Henson Y Hill Y Hooks Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires 1822 MONDAY, MARCH 22, 2004 1817 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 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 Starr Y Stephens Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson E Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. HB 739, having received the requisite constitutional majority, was passed. HB 736. By Representative Heard of the 75th: A BILL to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for periods of limitation with respect to assessment of ad valorem property taxes; and for other purposes. Senate Sponsor: Senator Cagle of the 49th. Senators Cagle of the 49th and Lamutt of the 21st offered the following amendment # 1: Amend HB 736 by striking lines 14 through 21 of page 1 and inserting in their place the following: "(b) Except as otherwise provided by subsection (c) of this Code section or by this title, in the case where a return or report is filed or deemed to be filed for real or personal property, the amount of any tax imposed by this chapter shall be assessed within three years from the date the original tax bill was paid, unless the property in question is the subject of an audit by the board of tax assessors. (c) Except as otherwise provided by this title, in the case of a false or fraudulent return or report filed with the intent to evade tax or a failure to file a return or report when structures have been added or assets acquired, or if the property owner has been notified of a pending audit of personal property, the amount of any tax imposed by this chapter may be assessed at any time." 1823 1818 JOURNAL OF THE SENATE Senator Price of the 56th offered the following amendment # 1a: Amend Amendment #1 (AM 18 1151) by striking lines 10 and 11 and inserting in lieu thereof the following: "report filed with the intent to evade tax, or if the property owner has been notified of a pending" On the adoption of the amendment, the yeas were 38, nays 1, and the Price amendment # 1a was adopted. On the adoption of the amendment, the yeas were 39, nays 0, and the Cagle, Lamutt amendment # 1 was adopted as amended. Senator Johnson of the 1st offered the following amendment # 2: Amend HB 736 by inserting on line 1 of page 1, following the word "To", the following: "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". By inserting immediately before line 6 of page 1 the following: "SECTION 1A. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking the "Reserved" designation of Code Section 48-5-30 and inserting in its place a new Code Section 48-5-30 to read as follows: "48-5-30. Notwithstanding any provision of Code Section 48-5-7.1 or 48-5-7.4 to the contrary, a member of the armed forces of the United States serving outside the continental United States may file such members initial or renewal application for special assessment at any time within a period of six months following the return of such member to the continental United States." SECTION 1B. 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 1824 MONDAY, MARCH 22, 2004 1819 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." SECTION 1C. Said chapter is further amended in Code Section 48-5-311, relating to creation of boards of equalization and appeals of assessments, by adding a new subsection at the end thereof to be designated subsection (l) to read as follows: "(l) If the taxpayer is a member of the armed forces of the United States serving outside the continental United States, such taxpayer may file an appeal at any time within a period of six months following the return of such member to the continental United States." SECTION 1D. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. On the adoption of the amendment, the yeas were 42, nays 0, and the Johnson amendment # 2 was adopted. Pursuant to Senate Rule 143, action on HB 736 was suspended, and HB 736 was placed on the Senate General Calendar. 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. Senate Sponsor: Senator Hudgens of the 47th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: N Adelman Y Balfour Y Blitch Y Harbison Y Harp N Henson Y Seay Y Shafer Y Smith,F 1825 1820 JOURNAL OF THE SENATE Y Bowen Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Golden Y Hall Y Hamrick Y Hill Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee N Levetan Y Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh Y Smith,P N Squires Y Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R Y Thompson Y Tolleson E Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 41, nays 10. HB 242, having received the requisite constitutional majority, was passed. 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. HB 1087. By Representatives Roberts of the 131st, Black of the 144th, McCall of the 78th, Powell of the 23rd and Keen of the 146th: A BILL to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to change certain provisions relating to fees for operation of vehicles; to change certain provisions relating to restricted license plates for vehicles; and for other purposes. Senate Sponsor: Senator Bulloch of the 11th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Harbison Y Harp Y Henson Y Seay Y Shafer Y Smith,F 1826 MONDAY, MARCH 22, 2004 1821 Y Bowen Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Smith,P Y Squires E Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Y Tolleson E Unterman Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 0. HB 1087, having received the requisite constitutional majority, was passed. Senator Tolleson of the 18th asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused. HB 1192. By Representatives Boggs of the 145th and Snow of the 1st: A BILL to amend Article 5 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation nomenclature, so as to change and add definitions; to change provisions relating to permission required for use of the Georgia Bureau of Investigation's nomenclature; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. Senator Jackson of the 50th offered the following amendment # 1 to HB 1192: By inserting after line 24: "SECTION 2.A. "35-3-154.1. (a) A copy of a report of the methods and findings of any examination or analysis conducted by an employee of the state crime laboratory, authenticated under oath, is 1827 1822 JOURNAL OF THE SENATE prima-facie evidence in court proceedings in the State of the facts contained therein. (b) The report shall have the effect as if the person who performed the analysis or examination had personally testified and shall have an affidavit of the employee stating that: (1) He or she is certified to perform the requisite analysis or examination; (2) His or hers experience as a chemist or analyst and as an expert witness testifying in court; and (3) He or she conducted the tests shown on the report using procedures approved by the Bureau and the report accurately reflects his opinion regarding the results. (c) The prosecuting attorney shall serve a copy on defendant's attorney of record or on defendant if pro se, prior to the first proceeding the report is to be used against defendant. (d) Any report under this Code section shall contain notice of the right to demand the testimony of the person signing the report. (e) The defendant may object in writing any time after service of the report, but at least ten days prior to trial, to the introduction of the report. If objection is made, the judge shall require the employee to be present to testify. The state shall diligently investigate the witness' availability and report to the court. If the witness is not available on a timely basis, the court shall grant a continuance." On the adoption of the amendment, the yeas were 35, nays 0, and the Jackson amendment # 1 was adopted. Senators Hamrick of the 30th and Balfour of the 9th offered the following amendment # 2: Amend HB 1192 by inserting following "nomenclature;" on line 4 of page 1 the following: "to amend Article 6 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Division of Forensic Sciences within the Georgia Bureau of Investigation, so as to designate drug analysis reports issued by the state crime laboratory as prima-facie evidence of the facts contained in such report; to deem such reports admissible in court without the testimony of the employee who performed the tests and created the report; to allow the defendant to demand that the employee who performed the tests testify; to provide for applicability;". By redesignating Section 3 as Section 5. By adding after line 24 of page 2 the following: "SECTION 3. Article 6 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Division of Forensic Sciences within the Georgia Bureau of Investigation, is amended by inserting immediately following Code Section 35-3-154 a new Code section to read as 1828 MONDAY, MARCH 22, 2004 1823 follows: '35-3-154.1. (a) A copy of a report of the methods and findings of any examination or analysis of drugs or drug related materials conducted by an employee of the state crime laboratory, authenticated under oath by the employee, is prima-facie evidence in all grand jury and court proceedings in the State of Georgia of the facts contained in such report reciting the methods and findings. The signature of the employee can be written or in electronic format. (b) The report has the same force and effect as if the person who performed the analysis or examination had testified in person. The report shall be accompanied by an affidavit of the employee who performed the test or tests and created the report stating: (1) That he or she is certified as qualified to perform the requisite analysis or examination; (2) His or her training and experience as a chemist or analyst, including the number of times he or she has been qualified as an expert witness and testified in court; and (3) That he or she conducted the test or tests shown on the report using procedures approved by the Georgia Bureau of Investigation and that the report accurately reflects his or her opinion regarding the results of those tests. (c) The prosecuting attorney shall serve a copy of the report on the attorney of record for the defendant, or on the defendant if the defendant has no attorney, prior to the first judicial proceeding in which the report is to be used against the defendant. (d) Any report issued for use under this Code section shall contain notice of the right of the defendant to demand the testimony of the person signing the report. (e) The defendant or opposing party may object in writing any time after service of the report upon him or her, but not later than ten days prior to trial of the case, to the introduction of the report from the state crime laboratory. If such objection is made, the trial judge shall require the state crime laboratory employee to be present for the purpose of personally testifying. The state shall diligently investigate the availability of the crime laboratory witness and report back to the court. If the witness is not available on a timely basis, the court shall grant a continuance until the next available trial or hearing date when the witness will be available. (f) Nothing in this Code section precludes the right of any party to call any witness or to introduce any evidence supporting or contradicting the evidence contained in the report.' SECTION 4. The provisions of Section 3 of this Act shall not apply to any proceedings instituted before the effective date of this Act. Any such proceedings shall be governed by the statutes in effect at the time the proceedings were instituted." Senator Hamrick of the 30th asked unanimous consent that his amendment # 2 be withdrawn. The consent was granted, and the amendment was withdrawn. 1829 1824 JOURNAL OF THE SENATE 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 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 E Starr Y Stephens Stokes Y Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Y Tolleson E Unterman E Williams Y Zamarripa On the passage of the bill, the yeas were 49, nays 0. HB 1192, having received the requisite constitutional majority, was passed as amended. The following resolution, having been taken from the Table earlier today was continued upon its adoption: 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. Senate Sponsor: Senator Crotts of the 17th. The Smith of the 25th amendment # 1 to HR 132 as previously recorded in today's Journal was put upon its adoption. 1830 MONDAY, MARCH 22, 2004 1825 On the adoption of the amendment, the yeas were 43, nays 0, and the Smith of the 25th amendment # 1 was adopted. Senator Crotts of the 17th asked unanimous consent that his amendment # 2 to HR 132 as previously recorded in today's Journal be withdrawn. The consent was granted, and the amendment was withdrawn. Senators Price of the 56th and Crotts of the 17th offered the following amendment # 3: Amend HR 132 by striking lines 15-18 on page one and inserting in lieu thereof the following: "GEORGIA that the portion of I-285 from Roswell Road to the Chattahoochee River is designated as the 'Keith Kalland Highway'." On the adoption of the amendment, the yeas were 37, nays 0, and the Price, Crotts amendment # 3 was adopted. Senator Dean of the 31st offered the following amendment # 4: Amend HR 132 by inserting after line 21 on page 1 the following: "(5.1) The current and future bridge on Highway 92 in downtown Hiram that crosses over the Southern Railway is designated the 'James Polk Lawler Bridge';". On the adoption of the amendment, the yeas were 35, nays 0, and the Dean amendment # 4 was adopted. Senator Dean of the 31st offered the following amendment # 5: Amend HR 132 by inserting after line 21 of page 1 the following: "(5.1) The bridge over Hardy Street on Highway 61 in Dallas is designated as the `W. A. and Irma Foster Bridge';" On the adoption of the amendment, the yeas were 38, nays 0, and the Dean amendment # 5 was adopted. The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Harbison Y Harp Y Seay Y Shafer 1831 1826 JOURNAL OF THE SENATE Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Smith,F Y Smith,P Y Squires E Starr Y Stephens Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson E Unterman E Williams Y Zamarripa On the adoption of the resolution, the yeas were 51, nays 0. HR 132, having received the requisite constitutional majority, was adopted as amended. Senator Stephens of the 51st moved that the Senate stand adjourned pursuant to HR 1729, until 1:00 p.m., Wednesday, March 24, 2004; the motion prevailed, and at 4:55 p.m., the President announced the Senate adjourned. 1832 WEDNESDAY, MARCH 24, 2004 1827 Senate Chamber, Atlanta, Georgia Wednesday, March 24, 2004 Thirty-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 communication from His Excellency, Governor Sonny Perdue, was received by the Secretary: STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 Sonny Perdue Governor March 24, 2004 The Honorable Mark Taylor Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334 Dear Lieutenant Governor and Members of the Senate: I submit to you, as provided by law, the following appointments for confirmation: The Honorable Price P. Harding of Forsyth County, as a member of the Board of Industry, Trade and Tourism, for the term of office beginning March 5, 2004, and ending July 1, 2007. The Honorable Robert L. Moultrie, Sr. of Cobb County, as a member of the Board of Industry, Trade and Tourism, for the term of office beginning March 19, 2004, and ending July 1, 2004. 1833 1828 JOURNAL OF THE SENATE The Honorable Dennis Pitts of Hall County, as a member of the Georgia Athlete Agent Regulatory Commission, for the term of office beginning September 24, 2003, and ending September 1, 2006. The Honorable David McCleary of Fulton County, as a member of the Georgia Athlete Agent Regulatory Commission, for the term of office beginning September 24, 2003, and ending September 1, 2006. The Honorable Diane Freeman Drake of Clayton County, as a member of the Georgia Board of Dispensing Opticians, for the term of office beginning March 16, 2004, and ending March 16, 2008. The Honorable Robert Thomas Jarrard of Hall County, as a member of the Georgia Development Authority, for the term of office beginning March 9, 2004, and ending July 1, 2007. The Honorable Douglas B. Mitchell of Fulton County, as a member of the Georgia Environmental Facilities Authority, for the term of office beginning March 12, 2004, and ending July 1, 2005. The Honorable Merrett McWhorter Alexander of Harris County, as a member of the Georgia Golf Hall of Fame Board, for the term of office beginning March 12, 2004, and ending November 1, 2005. The Honorable Carolyn "Sissie" Gann of Houston County, as a member of the Georgia Golf Hall of Fame Board, for the term of office beginning March 12, 2004, and ending November 1, 2004. The Honorable Kenneth L. Mangum, II of Forsyth County, as a member of the Georgia Golf Hall of Fame Board, for the term of office beginning March 19, 2004, and ending November 1, 2005. The Honorable John D. Reynolds, III of Richmond County, as a member of the Georgia Golf Hall of Fame Board, for the term of office beginning March 19, 2004, and ending November 1, 2004. The Honorable Maryam Alavi of Fulton County, as a member of the Georgia Technology Authority, for the term of office beginning March 12, 2004, and ending July 1, 2006. The Honorable Jeffrey Ray Kuester of Cobb County, as a member of the Georgia Technology Authority, for the term of office beginning March 12, 2004, and ending July 1, 2006. The Honorable Richard Lee Muns of Columbia County, as a member of the Professional 1834 WEDNESDAY, MARCH 24, 2004 1829 Standards Commission, for the term of office beginning February 12, 2004, and ending July 1, 2005. The Honorable Gary Wallace Walker of Douglas County, as a member of the Professional Standards Commission, for the term of office beginning March 11, 2004, and ending July 1, 2006. The Honorable Deborah Ann Lipham Wilkes of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning March 11, 2004, and ending August 30, 2006. The Honorable Laurie Hodges McRae of Richmond County, as a member of the State Board of Architects and Interior Designers, for the term of office beginning March 12, 2004, and ending July 1, 2006. The Honorable Joy S. Berry of Fulton County, as a member of the State Board of Education, for the term of office beginning March 11, 2004, and ending January 1, 2011. The Honorable James Edward Bostic, Jr. of Fulton County, as a member of the State Board of Education, for the term of office beginning March 11, 2004, and ending January 1, 2011. The Honorable Albert M. Hodge of Floyd County, as a member of the State Board of Education, for the term of office beginning March 11, 2004, and ending January 1, 2011. The Honorable Terrell Buford Cook of Telfair County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning March 11, 2004, and ending June 4, 2004. The Honorable Otto B. Johnson of Laurens County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning March 19, 2004, and ending December 29, 2006. The Honorable Trummie Patrick of Fulton County, as a member of the State Board of Registration of Used Car Dealers and Used Motor Vehicles Parts Dealers, for the term of office beginning March 19, 2004, and ending June 30, 2006. The Honorable Carolyn Garcia of Cobb County, as a member of the State Children's Trust Fund Commission, for the term of office beginning February 25, 2004, and ending June 30, 2006. The Honorable Gregory Levon Hopkins of Bleckley County, as a member of the State Medical Education Board, for the term of office beginning March 12, 2004, and ending April 1, 2007. 1835 1830 JOURNAL OF THE SENATE The Honorable Jean Sumner of Johnson County, as a member of the State Medical Education Board, for the term of office beginning March 18, 2004, and ending April 1, 2004, and for the subsequent term of office ending April 1, 2008. Sincerely, /s/ Sonny Perdue The Lieutenant Governor referred the Governor's appointments to the Committee on Assignments. The following communications were received by the Secretary: The State Senate Atlanta, Georgia 30334 March 24, 2004 Senator Eric Johnson President Pro Tempore Room 321, State Capitol Atlanta, GA 30334 Pursuant to Senate Rule 218(a), I request that the following Governor's nomination, submitted to the Senate for confirmation, be referred to the Senate Education Committee. I also ask that acknowledgement of this request be forwarded to the Secretary of the Senate. Nominee: The entire list of nominees dated 3/24/04 Sincerely, /s/ Daniel Lee Administration Floor Leader The State Senate Atlanta, Georgia 30334 March 24, 2004 Honorable Frank Eldridge, Jr. 1836 WEDNESDAY, MARCH 24, 2004 1831 Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Frank: The Committee on Assignments refers all 2004 Appointments by the Governor to the Senate Committee on Education. Sincerely, /s/ Eric B. Johnson Senate President Pro Tempore The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House and Senate: HB 1745. By Representative Porter of the 119th: A BILL to amend an Act providing for the Magistrate Court of Laurens County, so as to provide that the chief magistrate of such court shall serve in a full-time capacity and provide for the compensation of such chief magistrate and for court staffing; and for other purposes. HB 1794. By Representative Powell of the 23rd: A BILL to amend an Act providing a new charter for the City of Carnesville, so as to change the corporate limits of the city; and for other purposes. HB 1796. By Representative Jamieson of the 22nd: A BILL to create the Stephens County Historic Courthouse Restoration Authority; to provide for a definition; to provide for the purpose and powers of the authority; to provide for appointment, eligibility, and terms of members of the authority; and for other purposes. 1837 1832 JOURNAL OF THE SENATE HB 1797. By Representatives Hill of the 16th, Lewis of the 12th, Franklin of the 17th, Knox of the 14th, Post 1, Murphy of the 14th, Post 2 and others: A BILL to amend an Act providing a new charter for the City of Waleska, so as to change certain provisions regarding corporate boundaries; to change certain provisions regarding municipal powers; to change certain provisions regarding municipal elections; to change certain provisions regarding council creation; and for other purposes. HB 1798. By Representatives Smith of the 13th, Post 2, Childers of the 13th, Post 1 and Reece of the 11th: A BILL to amend an Act providing for a homestead exemption from City of Rome independent school district ad valorem taxes for educational purposes for certain residents of that school district, so as to change the definition of homestead for purposes of the homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and the homestead exemption for persons who are 65 years of age or over regardless of income; and for other purposes. HB 1801. By Representative McCall of the 78th: A BILL to amend an Act providing a new charter for the City of Bowman, so as to change provisions relating to the quorum and voting procedures for the city council; to change provisions relating to ordinance form and procedures; to change provisions relating to the powers and duties of the mayor; and for other purposes. 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 9-12134 of the O.C.G.A., 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. 1838 SB 457. SB 480. SB 482. WEDNESDAY, MARCH 24, 2004 1833 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. 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 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. 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. The House has adopted by the requisite constitutional majority the following Resolution of the Senate: 1839 1834 JOURNAL OF THE SENATE SR 984. By Senator Kemp of the 3rd: A RESOLUTION congratulating the Midway Church and Society and the residents of Midway; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: 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. 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. The House has adopted the report of the Committee of Conference on the following Bill of the House: HB 1180. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th: A BILL to amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; and for other purposes. 1840 WEDNESDAY, MARCH 24, 2004 1835 Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House and Senate: HB 1756. By Representatives Murphy of the 14th, Post 2, Knox of the 14th, Post 1, Rogers of the 15th, Lewis of the 12th and Franklin of the 17th: A BILL to amend an Act entitled "An Act to provide a new charter for the City of Ball Ground," so as to change the corporate limits of the city by annexing certain property; and for other purposes. HB 1778. By Representative Stephens of the 123rd: A BILL to provide a new charter for the City of Pooler; to provide for incorporation, boundaries, and powers of the city; and for other purposes. HB 1795. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Smith of the 87th and Maxwell of the 27th: A BILL to amend an Act relating to the Board of Education and school superintendent of the Carroll County School District, so as to reconstitute the board of education; to change the descriptions of the education districts; and for other purposes. HB 1802. By Representative Shaw of the 143rd: A BILL to provide for the unification of the existing governments of the City of Lakeland and Lanier County; to provide for the creation of the unified government of Lakeland-Lanier County, Georgia; to provide for the status, boundaries, and powers of the unified government; to provide for the form, administration, and affairs of the unified government; and for other purposes. HB 1810. By Representatives Rogers of the 15th, Franklin of the 17th, Knox of the 14th, Post 1 and Hill of the 16th: A BILL to authorize the City of Holly Springs to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as amended; to provide for a referendum; and for other purposes. 1841 1836 JOURNAL OF THE SENATE HB 1811. By Representatives Morris of the 120th, Parrish of the 102nd, DeLoach of the 127th, Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2: A BILL to create the Candler County Public Building Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; and for other purposes. 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 (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. Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 1752. By Representatives Harper of the 88th, Post 2 and Butler of the 88th, Post 1: A BILL to continue the existence of the Carrollton Independent School System under the management and control of the Carrollton Board of Education; to provide for the composition, term of office, and qualifications of members of the board; to provide for continuation in office; to provide for election wards; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 630. By Senators Thomas of the 10th, Henson of the 41st and Levetan of the 40th: A BILL to be entitled an Act to amend an Act providing for the compensation 1842 WEDNESDAY, MARCH 24, 2004 1837 of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 3822), so as to change the compensation of the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes Referred to the State and Local Governmental Operations Committee. SB 631. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend an Act creating a charter for the City of Carrollton, approved September 9, 1891 (Ga. L. 1890-91, Vol. II, p. 474), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4172), so as to provide for the levy of a school tax by the mayor and council of the City of Carrollton for that citys independent school system and for limitations relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 632. By Senators Butler of the 55th, Thomas of the 10th, Stokes of the 43rd, Henson of the 41st, Levetan of the 40th and others: A BILL to be entitled an Act to provide that each resident of DeKalb County who is 62 years of age or over or who is disabled and whose gross income falls within limits not exceeding $25,000.00, $35,000.00, $45,000.00, and $55,000.00 per annum shall be granted an exemption in the respective percentage amounts of 100 percent, 75 percent, 50 percent, and 25 percent of the value of the homestead of such resident from certain DeKalb County ad valorem taxes for county and county school district purposes; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the repeal of certain prior homestead exemptions; to provide for applicability; to repeal other Acts; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 633. By Senator Meyer von Bremen of the 12th: A BILL to be entitled an Act to provide a homestead exemption from Terrell County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; to provide for 1843 1838 JOURNAL OF THE SENATE definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 634. By Senator Mullis of the 53rd: A BILL to be entitled an Act to provide that future elections for the office of chief magistrate and the office of judge of the probate court of Walker County shall be nonpartisan elections; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SR 997. By Senator Meyer von Bremen of the 12th: A RESOLUTION creating the Senate Septage Disposal Study Committee; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 998. By Senator Meyer von Bremen of the 12th: A RESOLUTION urging the President, the Federal Trade Commission, the U.S. Department of Energy, the U.S. Department of Justice, and Congress to address the rising price of gasoline; and for other purposes. Referred to the Natural Resources and the Environment Committee. The following House legislation was read the first time and referred to committee: HB 1745. By Representative Porter of the 119th: A BILL to amend an Act providing for the Magistrate Court of Laurens County, so as to provide that the chief magistrate of such court shall serve in a full-time capacity and provide for the compensation of such chief magistrate and for court staffing; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1844 WEDNESDAY, MARCH 24, 2004 1839 HB 1752. By Representatives Harper of the 88th, Post 2 and Butler of the 88th, Post 1: A BILL to continue the existence of the Carrollton Independent School System under the management and control of the Carrollton Board of Education; to provide for the composition, term of office, and qualifications of members of the board; to provide for continuation in office; to provide for election wards; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1756. By Representatives Murphy of the 14th, Post 2, Knox of the 14th, Post 1, Rogers of the 15th, Lewis of the 12th and Franklin of the 17th: A BILL to amend an Act entitled "An Act to provide a new charter for the City of Ball Ground," so as to change the corporate limits of the city by annexing certain property; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1778. By Representative Stephens of the 123rd: A BILL to provide a new charter for the City of Pooler; to provide for incorporation, boundaries, and powers of the city; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1794. By Representative Powell of the 23rd: A BILL to amend an Act providing a new charter for the City of Carnesville, so as to change the corporate limits of the city; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1795. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Smith of the 87th and Maxwell of the 27th: A BILL to amend an Act relating to the Board of Education and school superintendent of the Carroll County School District, so as to reconstitute the board of education; to change the descriptions of the education districts; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1845 1840 JOURNAL OF THE SENATE HB 1796. By Representative Jamieson of the 22nd: A BILL to create the Stephens County Historic Courthouse Restoration Authority; to provide for a definition; to provide for the purpose and powers of the authority; to provide for appointment, eligibility, and terms of members of the authority; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1797. By Representatives Hill of the 16th, Lewis of the 12th, Franklin of the 17th, Knox of the 14th, Post 1, Murphy of the 14th, Post 2 and others: A BILL to amend an Act providing a new charter for the City of Waleska, so as to change certain provisions regarding corporate boundaries; to change certain provisions regarding municipal powers; to change certain provisions regarding municipal elections; to change certain provisions regarding council creation; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1798. By Representatives Smith of the 13th, Post 2, Childers of the 13th, Post 1 and Reece of the 11th: A BILL to amend an Act providing for a homestead exemption from City of Rome independent school district ad valorem taxes for educational purposes for certain residents of that school district, so as to change the definition of homestead for purposes of the homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and the homestead exemption for persons who are 65 years of age or over regardless of income; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1801. By Representative McCall of the 78th: A BILL to amend an Act providing a new charter for the City of Bowman, so as to change provisions relating to the quorum and voting procedures for the city council; to change provisions relating to ordinance form and procedures; to change provisions relating to the powers and duties of the mayor; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1846 WEDNESDAY, MARCH 24, 2004 1841 HB 1802. By Representative Shaw of the 143rd: A BILL to provide for the unification of the existing governments of the City of Lakeland and Lanier County; to provide for the creation of the unified government of Lakeland-Lanier County, Georgia; to provide for the status, boundaries, and powers of the unified government; to provide for the form, administration, and affairs of the unified government; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1810. By Representatives Rogers of the 15th, Franklin of the 17th, Knox of the 14th, Post 1 and Hill of the 16th: A BILL to authorize the City of Holly Springs to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as amended; to provide for a referendum; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1811. By Representatives Morris of the 120th, Parrish of the 102nd, DeLoach of the 127th, Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2: A BILL to create the Candler County Public Building Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1766 Do Pass by substitute Respectfully submitted, Senator Bulloch of the 11th District, Chairman 1847 1842 JOURNAL OF THE SENATE 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 1181 HB 1751 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Hill of the 4th District, Chairman Mr. President: The Children and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1580 Do Pass Respectfully submitted, Senator Collins of the 6th District, Chairman Mr. President: The Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 395 HB 1151 HB 1179 HB 1190 Do Pass by substitute HB 1428 Do Pass Do Pass by substitute HB 1698 Do Pass Do Pass by substitute HR 1096 Do Pass 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: HB 346 HB 984 HB 1170 HB 1409 Do Pass by substitute Do Pass by substitute Do Pass Do Pass HB 1510 HB 1528 HB 1714 HB 1744 Do Pass Do Pass Do Pass Do Pass 1848 WEDNESDAY, MARCH 24, 2004 1843 HB 1446 Do Pass Respectfully submitted, Senator Cagle of the 49th District, Chairman Mr. President: The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 697 HB 1028 HB 1138 HB 1303 HB 1496 HB 1526 HB 1653 HB 1704 Do Pass Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass Do Pass Do Pass by substitute Do Pass as amended HB 1709 HB 1793 HR 228 HR 1420 SR 901 SR 960 SR 967 Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Thomas of the 54th District, Chairman The following Minority Report on HB 1028 was filed with the Secretary: The State Senate Atlanta, Georgia 30334 Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, GA 30334 March 24, 2004 RE: FILING AN OBJECTION - House Bill 1028 Dear Mr. Eldridge: Pursuant to Senate Rule 117, I hereby file a minority report on HB 1028. I have an objection to the passing of House Bill 1028 as it was handled in the Health and Human Services Committee Meeting on March 22, 2004. 1849 1844 JOURNAL OF THE SENATE 1) I have a serious objection regarding whether a quorum was present. 2) I did not have a copy of the Substitute prior to the Committee Meeting nor did I receive a copy before the meeting adjourned. 3) The Author of the bill was not present at the meeting and could not speak about the Substitute. Sincerely, /s/ Butler of the 55th /s/ Smith of the 25th Mr. President: The Higher Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 341 HB 712 HB 1011 Do Pass Do Pass Do Pass HB 1325 HB 1547 HB 1582 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Hamrick of the 30th District, Chairman Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 935 Do Pass by substitute HB 1297 Do Pass HB 1444 Do Pass HB 1579 Do Pass 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: 1850 WEDNESDAY, MARCH 24, 2004 1845 HB 211 HB 653 HB 869 HB 1093 Do Pass Do Pass Do Pass by substitute Do Pass HB 1259 HB 1318 HB 1456 HB 1632 Do Pass by substitute Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Tanksley of the 32nd District, Chairman Mr. President: The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1558 HB 1615 HR 1425 Do Pass SR 950 Do Pass Do Pass by substitute SR 964 Do Pass Do Pass Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Reapportionment and Redistricting Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1228 Do Pass Respectfully submitted, Senator Price of the 56th 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 1003 HB 1047 HB 1167 Do Pass by substitute Do Pass Do Pass HB 1354 HB 1598 HB 1746 Do Pass by substitute Do Pass Do Pass 1851 1846 JOURNAL OF THE SENATE HB 1300 Do Pass by substitute SR 989 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: HB 609 HB 1034 HB 1036 Do Pass Do Pass by substitute Do Pass HB 1246 Do Pass HB 1568 Do Pass Respectfully submitted, Senator Hudgens of the 47th 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 799 SR 903 Do Pass Do Pass Respectfully submitted, Senator Balfour of the 9th District, Chairman Mr. President: The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 484 HB 810 HB 1372 Do Pass Do Pass Do Pass by substitute HB 1431 Do Pass HB 1561 Do Pass by substitute Respectfully submitted, Senator Kemp of the 3rd District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration 1852 WEDNESDAY, MARCH 24, 2004 1847 the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1223 HB 1304 HB 1321 HB 1363 HB 1531 HB 1565 HB 1572 HB 1599 HB 1676 HB 1680 HB 1682 HB 1683 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass as amended Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass HB 1724 HB 1725 HB 1726 HB 1727 HB 1728 HB 1729 HB 1731 HB 1732 HB 1733 HB 1734 HB 1747 HR 1308 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Vice Chairman The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 To: Frank Eldridge, Secretary of the Senate State Capitol Rm. 353 Atlanta, GA 30334 Re: State and Local Governmental Operations Committee Meeting Date: March 23, 2004 Subject: Sen. Jeff Mullis, Vice-Chair This is to authorize Senator Jeff Mullis to Chair the meeting of the Senate State and Local Governmental Operations Committee Meeting to be held on Tuesday, March 23, 2004, during my absence. Sincerely, /s/ Renee Unterman 45th District 1853 1848 JOURNAL OF THE SENATE Mr. President: The Transportation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 886 HB 1068 HB 1136 HR 1349 HR 1373 HR 1404 HR 1440 HR 1454 Do Pass as amended HR 1455 Do Pass Do Pass as amended HR 1456 Do Pass Do Pass by substitute HR 1460 Do Pass Do Pass HR 1469 Do Pass Do Pass HR 1472 Do Pass Do Pass HR 1473 Do Pass Do Pass SR 952 Do Pass Do Pass Respectfully submitted, Senator Williams of the 19th District, Chairman The following legislation was read the second time: SR 799 SR 901 SR 903 SR 950 SR 952 SR 960 SR 964 SR 967 SR 989 HB 211 HB 274 HB 395 HB 484 HB 609 HB 653 HB 712 HB 810 HB 869 HB 886 HB 935 HB 984 HB 1003 HB 1011 HB 1028 HB 1034 HB 1036 HB 1047 HB 1068 HB 1093 HB 1136 HB 1138 HB 1151 HB 1167 HB 1170 HB 1179 HB 1181 HB 1190 HB 1228 HB 1246 HB 1259 HB 1297 HB 1300 HB 1303 HB 1304 HB 1318 HB 1321 HB 1325 HB 1354 HB 1372 HB 1409 HB 1428 HB 1431 HB 1444 HB 1446 HB 1456 HB 1496 HB 1510 HB 1526 HB 1528 HB 1547 HB 1558 HB 1561 HB 1565 HB 1568 HB 1579 HB 1580 HB 1582 HB 1598 HB 1599 HB 1615 HB 1632 HB 1653 HB 1698 HB 1704 HB 1709 HB 1714 HB 1744 HB 1746 HB 1751 HB 1766 HB 1793 HR 1096 HR 1308 HR 1343 HR 1349 HR 1373 HR 1404 HR 1420 HR 1425 HR 1440 HR 1454 HR 1455 HR 1456 HR 1460 HR 1469 HR 1472 HR 1473 Senator Moody of the 27th asked unanimous consent that Senator Harp of the 16th be excused. The consent was granted, and Senator Harp was excused. 1854 WEDNESDAY, MARCH 24, 2004 1849 Senator Hill of the 4th asked unanimous consent that Senator Kemp of the 3rd be excused. The consent was granted, and Senator Kemp was excused. Senator Kemp of the 46th asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused. The roll was called and the following Senators answered to their names: Adelman Balfour Bowen Brown Brush Bulloch Butler Cagle Cheeks Collins Crotts Dean Fort Gillis Golden Hall Hamrick Harbison Henson Hill Hooks Hudgens Jackson 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 Zamarripa Not answering were Senators: Blitch Johnson Williams Clay Kemp, R (Excused) Harp (Excused) Unterman (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 Bulloch The members pledged allegiance to the flag. Senator Crotts of the 17th introduced the chaplain of the day, Pastor Steve Snider of Covington, Georgia, who offered scripture reading and prayer. Senator Mullis of the 53rd introduced the doctor of the day, Dr. Steve Daugherty. 1855 1850 JOURNAL OF THE SENATE Senator Smith of the 25th recognized Georgia's Battery D of the 214th Coast Artillery Anti-Aircraft Regiment, commended by SR 885, adopted previously. Colonel Charles Ennis addressed the Senate briefly. The following resolutions were read and adopted: SR 990. By Senators Thomas of the 10th, Tate of the 38th, Jackson of the 50th, Stokes of the 43rd, Thomas of the 2nd and others: A RESOLUTION honoring Mrs. Margarethia G. Ellis; and for other purposes. SR 991. By Senator Levetan of the 40th: A RESOLUTION expressing regret at the passing of Meyer L. Balser; and for other purposes. SR 992. By Senators Harp of the 16th, Harbison of the 15th, Johnson of the 1st and Crotts of the 17th: A RESOLUTION commending Phebe Callaway Robinson and Callaway Blue Springs Water Company; and for other purposes. SR 993. By Senators Johnson of the 1st, Stephens of the 51st and Meyer von Bremen of the 12th: A RESOLUTION commending the 2004 Senate aides for their service; and for other purposes. SR 994. By Senators Johnson of the 1st, Stephens of the 51st and Meyer von Bremen of the 12th: A RESOLUTION commending the Senate interns for the 2004 regular session; and for other purposes. SR 995. By Senator Clay of the 37th: A RESOLUTION commending Alphonse L. Roberto; and for other purposes. SR 996. By Senators Johnson of the 1st and Thomas of the 2nd: A RESOLUTION recognizing Candler Hospital; and for other purposes. 1856 WEDNESDAY, MARCH 24, 2004 1851 SR 999. By Senator Adelman of the 42nd: A RESOLUTION honoring and remembering the life of the Reverend Paul Victor "Buck" Hall; and for other purposes. SR 1000. By Senator Dean of the 31st: A RESOLUTION honoring the memory of Lt. Col. (Ret.) Terry Payne and expressing regret at his passing; and for other purposes. SR 1001. By Senator Kemp of the 46th: A RESOLUTION commending the Clarke Central High School Mock Trial Team; and for other purposes. SR 1002. By Senator Kemp of the 46th: A RESOLUTION commending the members of the Athens Voices of Truth; and for other purposes. SR 1003. By Senators Hudgens of the 47th and Jackson of the 50th: A RESOLUTION recognizing and commending Leland Dishman; and for other purposes. SR 1004. By Senators Seay of the 34th, Fort of the 39th, Tate of the 38th, Brown of the 26th and Harbison of the 15th: A RESOLUTION honoring Dr. Cameron M. Alexander on the occasion of his 35th anniversary; and for other purposes. SR 1005. By Senator Stephens of the 51st: A RESOLUTION commending Karen Lawrence; and for other purposes. SR 1006. By Senator Stephens of the 51st: A RESOLUTION commending Vicki Watton; and for other purposes. SR 1007. By Senator Stephens of the 51st: A RESOLUTION commending Robert Kimmer; and for other purposes. 1857 1852 JOURNAL OF THE SENATE SR 1008. By Senator Stephens of the 51st: A RESOLUTION commending Debbie Kohler; and for other purposes. SR 1009. By Senator Stephens of the 51st: A RESOLUTION commending Kyle Bocinsky; and for other purposes. SR 1010. By Senator Stephens of the 51st: A RESOLUTION commending Allen Dreschel; and for other purposes. SR 1011. By Senator Stephens of the 51st: A RESOLUTION commending Deirdre Rudat; and for other purposes. SR 1012. By Senator Stephens of the 51st: A RESOLUTION commending Hope Lam; and for other purposes. SR 1013. By Senators Johnson of the 1st and Thomas of the 2nd: A RESOLUTION recognizing and commending Memorial Health; and for other purposes. Senator Bulloch of the 11th asked unanimous consent that the following bill be withdrawn from the Senate Public Safety and Homeland Security Committee and committed to the Senate Rules Committee: HB 1168. By Representatives Rice of the 64th, Parham of the 94th, Keen of the 146th, Reece of the 21st, Brown of the 89th and others: A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain provisions relating to examination of applicants; to provide that licensed driver training schools may conduct road tests for applicants for drivers' licenses; to provide for approval by the department of driver training schools; to provide that it shall be a misdemeanor to a licensed driving instructor to falsely certify that an applicant has passed a road test; and for other purposes. The consent was granted, and HB 1168 was committed to the Senate Rules Committee. 1858 WEDNESDAY, MARCH 24, 2004 1853 Senator Tolleson of the 18th asked unanimous consent that Senator Crotts of the 17th be excused. The consent was granted, and Senator Crotts was excused. Senator Butler of the 55th moved that the following bill be withdrawn from the Senate Public Safety and Homeland Security Committee and committed to the Senate Special Judiciary Committee: HB 1327. By Representatives Brooks of the 47th, Massey of the 24th, Smyre of the 111th, Buck of the 112th, Hugley of the 113th and others: A BILL to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping vehicles; and for other purposes. Senator Johnson of the 1st objected. 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 Cheeks N Clay N Collins E Crotts Y Dean Y Fort Gillis N Golden N Hall N Hamrick N Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt Lee Y Levetan E 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 1859 1854 JOURNAL OF THE SENATE On the motion, the yeas were 22, nays 28; the motion lost, and HB 1327 was not committed to the Senate Special Judiciary Committee. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday, March 24, 2004 Thirty-sixth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following nine local bills relating to homestead exemptions require a two-thirds roll-call vote for passage: HB 1724 Thomas of the 2nd THUNDERBOLT, CITY OF A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Thunderbolt ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. HB 1725 Johnson of the 1st VERONBURG, CITY OF A BILL to amend an Act providing for a base year assessed value homestead exemption from the City of Vernonburg ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. HB 1726 Johnson of the 1st TYBEE ISLAND, CITY OF A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Tybee Island ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. 1860 HB 1727 HB 1728 HB 1729 HB 1731 WEDNESDAY, MARCH 24, 2004 1855 Thomas of the 2nd PORT WENTWORTH, CITY OF A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Port Wentworth ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. Johnson of the 1st Thomas of the 2nd BLOOMINGDALE, CITY OF A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Bloomingdale ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. Johnson of the 1st Thomas of the 2nd SAVANNAH, CITY OF A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Savannah ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. Johnson of the 1st Thomas of the 2nd CHATHAM COUNTY A BILL to amend an Act providing for a base year assessed value homestead exemption from Chatham County and City of Savannah School District ad valorem taxes for educational purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. 1861 1856 HB 1732 HB 1733 HB 1572 HB 1680 HB 1747 JOURNAL OF THE SENATE Johnson of the 1st Thomas of the 2nd POOLER, CITY OF A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Pooler ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. Johnson of the 1st Thomas of the 2nd CHATHAM COUNTY A BILL to amend an Act providing for a base year assessed value homestead exemption from Chatham County ad valorem taxes for county purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes. Stephens of the 51st DILLARD, CITY OF A BILL to amend an Act reincorporating the City of Dillard, so as to change and extend the corporate limits of the city; and for other purposes. Hudgens of the 47th ELBERT COUNTY A BILL to amend an Act creating the office of tax commissioner of Elbert County, so as to change the provisions relating to compensation for that office; and for other purposes. Stephens of the 51st RABUN COUNTY A BILL to make certain findings and determinations with respect to a certain transaction in which Rabun County acquired certain hospital facilities from the Woodlands Foundation, Inc.; to determine that said transaction is impossible to undo and that the transaction is therefore excused from compliance with Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, 1862 HB 1363 HB 1531 HB 1734 HB 1682 HB 1683 WEDNESDAY, MARCH 24, 2004 1857 relating to acquisition of hospitals; to provide that no review by the Attorney General shall be required in connection with such transaction; and for other purposes. Bulloch of the 11th DECATUR COUNTY A BILL to create a board of elections and registration for Decatur County and provide for its powers and duties; and for other purposes. Brown of the 26th TWIGGS COUNTY A BILL to amend an Act providing for the election of members of the Board of Education of Twiggs County, so as to change the method of filling vacancies in the offices of chairperson and board members; and for other purposes. Reed of the 35th Fort of the 39th EAST POINT, CITY OF A BILL to create the City of East Point Charter Commission; and for other purposes. Hudgens of the 47th ELBERT COUNTY A BILL to amend an Act placing the clerk of the Superior Court and judge of the Probate Court of Elbert County upon an annual salary, so as to change the provisions relating to the salaries of such officers; and for other purposes. Hudgens of the 47th ELBERT COUNTY A BILL to amend an Act regarding the compensation of the sheriff of Elbert County, so as to change the provisions relating to the salary of such officer; and for other purposes. 1863 1858 JOURNAL OF THE SENATE HB 1223 Hudgens of the 47th HOMER, CITY OF A BILL to provide a new charter for the City of Homer; and for other purposes. HB 1676 Dean of the 31st HARALSON COUNTY A BILL to create the Haralson County School Building Authority and to provide for the appointment of members of the authority; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Cheeks Y Clay Y Collins E Crotts Y Dean Y Fort Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Lee Y Levetan E Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the local legislation, the yeas were 49, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. 1864 WEDNESDAY, MARCH 24, 2004 1859 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 1732. By Representative Skipper of the 116th: A RESOLUTION relative to adjournment; and for other purposes. The following resolution was read and adopted: HR 1732. By Representative Skipper of the 116th: 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 March 24, 2004, through March 31, 2004, shall be as follows: Wednesday, March 24 ................................................. in session for legislative day 36 Thursday, March 25..................................................... in session for legislative day 37 Friday, March 26, through Tuesday, March 30........... in adjournment Wednesday, March 31 ................................................. in session for legislative day 38 BE IT FURTHER RESOLVED that on and after March 31, 2004, the periods of adjournment of the 2004 session, if any, shall be as specified by subsequent resolution of the General Assembly. 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. Senator Thompson of the 33rd introduced Mrs. Rae Nell Bennett, commended by SR 954, adopted previously. Mrs. Rae Nell Bennett addressed the Senate briefly. 1865 1860 JOURNAL OF THE SENATE NOTICE OF MOTION TO RECONSIDER: HB 1415 Hotel-motel tax; create review board; amend certain provisions (FIN-53rd) Channell-77th SENATE RULES CALENDAR WEDNESDAY, MARCH 24, 2004 THIRTY-SIXTH LEGISLATIVE DAY HB 736 Ad valorem tax assessments; periods of limitation (Amendments) (FIN-49th) Heard-75th Pursuant to Senate Rule 143, final passage of the bill was suspended on March 22, 2004 HB 1549 Special license plates; Rotary International (Amendment) (PS&HS-54th) Bridges-7th Pursuant to Senate Rule 143, final passage of the bill was suspended on March 22, 2004 SR 942 Towers, Admiral John Henry; authorizing portrait in state capitol (Amendment)(RULES-52nd) HB 158 Law enforcement officer; retention of weapon and badge on leaving service (PS&HS-53rd) Day-126th HB 1391 Tax collectors and tax commissioners; creditable training (FIN-49th) Westmoreland-86th HB 1410 Income tax; exempt certain organ donation expenses (FIN-49th) Hembree-46th HB 1450 Judicial Emergency Act of 2004; enact (S JUDY-12th) Bordeaux-125th HB 1499 Motor vehicle insurance; advance payment requirements (I&L-19th) Keen-146th HB 1507 Seed-Capital Fund; comprehensive revision of provisions (ED&T-48th) O`Neal-117th HB 1529 Industry, Trade, and Tourism, Department of; change name (ED&T-53rd) O`Neal-117th 1866 WEDNESDAY, MARCH 24, 2004 1861 SR 729 United States Congress; urge to abolish death tax permanently (RULES-48th) SR 754 State Agencies; encourage use of consulting services with information technology (Substitute)(S&T-9th) HB 1394 Athletic trainers; licensing; exceptions (RI&Util-30th) Harbin-80th HB 1258 Minimum wage mandates by local governments; preemption; exceptions (I&L-1st) Ehrhart-28th HB 1511 Sales tax exemption; certain symphony halls (FIN-49th) McClinton-59th HB 1277 Water resources; irrigation systems; certain shut-off switch (NR&E-32nd) Drenner-57th HB 865 Official Frontier and Southeastern Indian Interpretive Center; designate (ED&T-51st) Hill-16th HB 677 Income tax refund; setoff debt; probation fees and restitution orders (FIN-29th) Smith-87th HB 1095 Spear fishing in certain waters; authorize (Substitute) (NR&E-24th) Harbin-80th HB 1459 Sales and motor fuel taxes; dealers and distributors; amend provisions (FIN-49th) Borders-142nd Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following general bill of the House, having been read the third time and final action suspended on Monday, March 22, 2004, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: HB 736. By Representative Heard of the 75th: A BILL to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for periods of limitation with respect to assessment of ad valorem property taxes; and for other purposes. 1867 1862 JOURNAL OF THE SENATE Senate Sponsor: Senator Cagle of the 49th. The amendment # 1 offered by Senators Cagle of the 49th and Lamutt of the 21st adopted as amended by the Price amendment # 1a is found in the Journal of Monday, March 22, 2004. Amendment # 2 by Senator Johnson of the 1st as appears in the Journal of Monday, March 22, 2004 was to be automatically reconsidered. Senators Meyer von Bremen of the 12th, Thompson of the 33rd, Tanksley of the 32nd, Lamutt of the 21st and Clay of the 37th offered the following amendment # 3: Amend HB 736 by striking lines 1 through 4 of page 1 and inserting in their place the following: "To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to increase the amount of the state-wide homestead exemption from all ad valorem taxation for state, county, and school purposes from $2,000.00 to $50,000.00; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum; to provide for automatic repeal under certain circumstances; to provide for periods of limitation with respect to assessment of ad valorem property taxes; to provide for procedures, conditions, and limitations; to provide for effective dates; to repeal conflicting laws; and for other purposes." By striking lines 6, 7, and 8 of page 1 and inserting in their place the following: "SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking Code Section 48-5-44, relating to the statewide $2,000.00 homestead exemption from state, county, and school district ad valorem taxes, and inserting in its place a new Code Section 48-5-44 to read as follows: '48-5-44. (a) The homestead of each resident of this state actually occupied by the owner as a residence and homestead shall be exempted from all ad valorem taxation for state, county, and school purposes, except taxes levied by municipalities for school purposes and except to pay interest on and to retire bonded indebtedness, for as long as the residence and homestead is actually occupied by the owner primarily as a residence and homestead. The exemption shall not exceed $2,000.00 $50,000.00 of the value of the homestead. (b) Should the owner of a dwelling house on a farm who is already entitled to a homestead exemption participate in the program of rural housing and obtain a new house under contract with the local housing authority, he such owner shall be entitled to receive the same homestead exemption as allowed before making the contract. (c) Except as otherwise specifically provided by law, the value of all homestead property in excess of $2,000.00 $50,000.00 shall remain subject to taxation. The 1868 WEDNESDAY, MARCH 24, 2004 1863 exemption shall be returned and claimed in the manner prescribed by law. This exemption shall not apply to taxes levied by municipalities.' SECTION 2. Said chapter is further amended by adding a new Code section immediately following Code Section 48-5-300, to be designated Code Section 48-5-300.1, to read as follows: '48-5-300.1. (a) Except as otherwise provided in this Code section or this title, the amount of any tax imposed under this chapter may be assessed at any time. (b) Except as otherwise provided by subsection (c) of this Code section or by this title, in the case where a return or report is filed or deemed to be filed, the amount of any tax imposed by this chapter shall be assessed within three years after the return or report was filed. For purposes of this subsection, a return or report is filed before the last day prescribed by law for the filing thereof shall be considered as filed on such last day. (c) Except as otherwise provided by this title, in the case of a false or fraudulent return or report filed with the intent to evade tax or a failure to file a return or report, the amount of any tax imposed by this chapter may be assessed at any time. (d) Where, before the expiration of the time prescribed in this Code section for the assessment of any tax imposed by this title, both the board of tax assessors and the person subject to assessment have consented in writing to its assessment after such time, the tax may be assessed at any time prior to the expiration of the agreed upon period. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the previously agreed upon period. The board of tax assessors is authorized in any such agreement to extend similarly the period within which a claim for refund may be filed. (e) If a claim for refund of taxes paid for any taxable period is filed within the last six months of the period during which the board of tax assessors may assess the amount of taxes, the assessment period shall be extended for a period of six months beginning on the day the claim for refund is filed. (f) No action without assessment shall be brought for the collection of any tax after the expiration of the period for assessment.'" By striking lines 9 and 10 of page 2 and inserting in their place the following: "SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a referendum as provided in this section for the purpose of submitting Section 1 of this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 2004, state-wide general election. The Secretary of State shall issue the call and conduct that election as provided by general law. The Secretary of State shall cause the date and purpose of the election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot 1869 1864 JOURNAL OF THE SENATE shall have written thereon the following: '( ) YES ( ) NO Shall the Act be approved which increases the state-wide ad valorem tax exemption from all ad valorem taxation for state, county, and school purposes from $2,000.00 to $50,000.00?' 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, then Section 1 of this Act shall become effective on January 1, 2005, and shall apply to all tax years beginning on or after that date. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. SECTION 4. Except as otherwise provided in Section 3 of this Act, 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." Senators Thompson of the 33rd and Lamutt of the 21st offered the following amendment # 3a: Amend the Senate Floor Amendment #3 to HB 736 by striking on Amendment three to HB 736 in every place that states the amount "50,000" and inserting in its place the amount "20,000". Senator Cagle of the 49th asked unanimous consent that HB 736 be placed on the Table. The consent was granted, and HB 736 was placed on the Table. Senator Thomas of the 10th asked unanimous consent that Senator Butler of the 55th be excused. The consent was granted, and Senator Butler was excused. Senator Hall of the 22nd asked unanimous consent that Senator Lamutt of the 21st be excused. The consent was granted, and Senator Lamutt was excused. Senator Hall of the 22nd asked unanimous consent that Senator Shafer of the 48th be excused. The consent was granted, and Senator Shafer was excused. The following general bill of the House, having been read the third time and final action 1870 WEDNESDAY, MARCH 24, 2004 1865 suspended on Monday, March 22, 2004, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: HB 1549. By Representatives Bridges of the 7th, O`Neal of the 117th, Purcell of the 122nd, Burkhalter of the 36th, Buck of the 112th and others: A BILL 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 supporting Rotary International; and for other purposes. Senate Sponsor: Senator Thomas of the 54th. The amendment offered by Senators Thomas of the 2nd and Levetan of the 40th as it appears in the Journal of Monday, March 22, 2004 was automatically reconsidered. On the adoption of the amendment, the yeas were 37, nays 0, and the Thomas of the 2nd, Levetan amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen Y Brown Y Brush Y Bulloch E Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Henson Y Hill Y Hooks Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R E Lamutt Y Lee Y Levetan E Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay E Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa 1871 1866 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 48, nays 0. HB 1549, having received the requisite constitutional majority, was passed as amended. The following legislation was read the third time and put upon its passage: SR 942. By Senator Smith of the 52nd: A RESOLUTION honoring Admiral John Henry Towers and authorizing the placing of his portrait in the state capitol; and for other purposes. The Senate Rules Committee offered the following amendment: Amend SR 942 by inserting at the end of line 2 on page 3 the following: "No state funds shall be used for the purchase of the portrait." On the adoption of the amendment, the yeas were 33, nays 0, and the committee amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen Y Brown Y Brush Y Bulloch E Butler Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Harbison Y Harp Y Henson Y Hill Y Hooks Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R E Lamutt Y Lee Y Levetan E Me V Bremen Y Moody Y Mullis Seay E Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman 1872 WEDNESDAY, MARCH 24, 2004 1867 Y Golden Y Hall Hamrick Y Price Y Reed Y Seabaugh Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 46, nays 0. SR 942, having received the requisite constitutional majority, was adopted as amended. The following bill was taken up to consider House action thereto: 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. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to provide that the adjutant general may appoint officers of the National Guard as deputy assistant adjutants general; to provide that such deputy assistant adjutants general shall be of field rank or general officer rank; to provide that certain provisions relating to compensation shall not apply when the National Guard is called into active service under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, is amended by striking in its entirety Code Section 38-2-152, relating to assistant adjutants general, eligibility, appointment, duties, compensation, and tenure, and inserting in lieu thereof the following: "38-2-152. (a) The Governor shall appoint an assistant adjutant general for army and an assistant adjutant general for air to assist the adjutant general in the discharge and performance 1873 1868 JOURNAL OF THE SENATE of his or her duties. Each of the assistant adjutants general, at the time of appointment, shall be a federally recognized officer with the rank of lieutenant colonel or higher with not less than five years of continuous service in the Army or Air National Guard of this state. An officer who has retired or resigned from the Georgia National Guard shall be eligible for appointment as assistant adjutant general for army or air; provided, however, that the officer shall have served not less than five years in a federally recognized status in the active Army or Air National Guard, as appropriate, and attained the rank of lieutenant colonel or higher; and provided, further, that the appointment of the officer shall be within five years after the date of his or her retirement or resignation and prior to his or her attaining age 60. Each of the assistant adjutants general shall have the rank of not less than brigadier general, the specific rank to be determined by the Governor. Each of the officers shall receive the pay and allowances for his or her rank as provided by law for an officer of equivalent rank in the regular armed forces of the United States. In the event of a vacancy in the office of the adjutant general, and until his or her successor is appointed and qualified as provided by law, the assistant adjutant general who is senior in rank shall perform the duties required of the adjutant general in connection with the military division, as provided by law. Assistant adjutants general shall hold no other state office, and they shall serve at the pleasure of the Governor. (b) The adjutant general may appoint, designate, or detail officers of the National Guard as deputy assistant adjutants general for army and for air who shall perform the military duties assigned by the adjutant general. Deputy assistant adjutants general shall be of field grade or general officer rank, the specific rank to be determined by the adjutant general. Deputy assistant adjutants general shall serve at the pleasure of the adjutant general." SECTION 2. Said chapter is further amended by inserting at the end of Code Section 38-2-250, relating to pay while on active service, special duty, travel expenses, and minimum base pay, a new subsection (e) to read as follows: "(e) Nothing in this Code section shall be construed as to apply when the National Guard is called into active service pursuant to Title 32 of the United States Code." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Hill of the 4th asked unanimous consent that the Senate disagree to the House substitute to SB 496. 1874 WEDNESDAY, MARCH 24, 2004 1869 The consent was granted, and the Senate disagreed to the House substitute to SB 496. The Calendar was resumed. HB 158. By Representatives Day of the 126th and Stephens of the 123rd: A BILL to amend Code Section 3-2-30 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, so as to provide that certain special agents and enforcement officers of said department who leave such department as a result of a disability arising in the line of duty may retain their weapons and badges upon leaving the department; to amend Code Section 27-1-16 of the Official Code of Georgia Annotated, relating to the establishment of a unit of conservation rangers within the Department of Natural Resources; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies; to amend Code Section 48-11-19 of the Official Code of Georgia Annotated; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. Senators Butler of the 55th, Zamarripa of the 36th, Seay of the 34th, Stokes of the 43rd, Henson of the 41st and others offered the following amendment to HB 158: By inserting between lines 19 and 20 of page 2 a new section which states as follows: "SECTION 2A. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by inserting a new Code Section 35-2-14 to read as follows: Law enforcement officers and agencies shall comply with the following standards during the course of their duties: (a) Law enforcement officers shall not use a person's race or ethnicity to form probable cause or reasonable suspension to stop a vehicle but may use a person's race or ethnicity to confirm a previously obtained description of a suspect. (b) Each state and local law enforcement agency shall adopt a policy and implement an annual training program regarding racial profiling that provides and instructs that a law enforcement officer shall not use a person's race or ethnicity to form probable cause or reasonable suspicion to stop a vehicle but may use a person's race or ethnicity to confirm a previously obtained description of a suspect. (2) Each time a state or local law enforcement officer stops a motor vehicle or a person, that officer shall document the following information in a public record whose format shall be determined by the Department of Motor Vehicle Safety: (A) The gender, race, and ethnicity of the driver or person; 1875 1870 JOURNAL OF THE SENATE (B) The alleged violation that led to the stop; (C) Whether the vehicle or person were searched; (D) Whether a search was conducted pursuant to consent, probable cause, or reasonable suspicion to suspect a crime; (E) Whether any arrest, citation, or any oral or written warning was issued as a result of the stop. (c) These standards shall not be construed to alter the requirements for determining probable cause or reasonable suspicion under the Constitution of the United States or the Constitution of the State of Georgia." Senator Smith of the 52nd requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the amendment germane. Senator Smith of the 52nd appealed the ruling of the Chair. The President deferred to the Senate Parliamentarian President Pro Tempore Johnson of the 1st. President Pro Tempore Johnson of the 1st ruled the amendment not germane. Senator Butler of the 55th appealed the ruling of the President Pro Tempore. On the motion to sustain the ruling of the President Pro Tempore, a roll call was taken, and the vote was as follows: N Adelman Y Balfour Blitch Bowen N Brown Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts N Dean N Fort N Gillis N Harbison Y Harp N Henson Y Hill N Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B N Kemp,R E Lamutt Y Lee N Levetan E Me V Bremen Y Moody Y Mullis N Seay E Shafer N Smith,F Y Smith,P N Squires N Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson Y Tolleson Y Unterman 1876 N Golden Y Hall Y Hamrick WEDNESDAY, MARCH 24, 2004 Y Price N Reed Y Seabaugh Y Williams N Zamarripa 1871 On the motion to sustain the ruling of the President Pro Tempore, the yeas were 25, nays 24, the motion prevailed; and the ruling of the President Pro Tempore was sustained. Senator Thomas of the 10th moved to reconsider the Senate action in sustaining the ruling of the President Pro Tempore. On the motion to reconsider the ruling of the President Pro Tempore, a roll call was taken, and the vote was as follows: Y Adelman N Balfour Blitch Bowen Y Brown N Brush N Bulloch Y Butler N Cagle Cheeks N Clay N Collins E 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 E Lamutt N Lee Y Levetan E Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Seay E Shafer Y Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the motion to reconsider, the yeas were 23, nays 26, the motion lost; and the Senate did not reconsider its action in sustaining the ruling of the President Pro Tempore. 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: 1877 1872 JOURNAL OF THE SENATE Y Adelman Y Balfour Blitch Y Bowen Y Brown Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R E Lamutt Y Lee Y Levetan E Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens 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 48, nays 2. HB 158, having received the requisite constitutional majority, was passed. Senator Thompson of the 33rd moved that the following bill, having been placed on the Table earlier today, be taken from the Table: HB 736. By Representative Heard of the 75th: A BILL to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for periods of limitation with respect to assessment of ad valorem property taxes; and for other purposes. Senate Sponsor: Senator Cagle of the 49th. On the motion, a roll call was taken, and the vote was as follows: Y Adelman N Balfour Blitch N Bowen Y Brown Y Harbison N Harp Y Henson N Hill Y Hooks Y Seay N Shafer Y Smith,F N Smith,P Y Squires 1878 WEDNESDAY, MARCH 24, 2004 1873 N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins E Crotts Y Dean Y Fort Y Gillis Y Golden N Hall N Hamrick N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R E Lamutt N Lee Y Levetan E Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh Y Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the motion, the yeas were 25, nays 27; the motion failed, and HB 736 was not taken from the Table. The Calendar was resumed. HB 1391. By Representatives Westmoreland of the 86th, Porter of the 119th, Royal of the 140th, Richardson of the 26th and Mills of the 67th, Post 2: A BILL to amend Code Section 48-5-126.1 of the Official Code of Georgia Annotated, relating to training requirements for tax collectors and tax commissioners, so as to revise and change such requirements; to provide that the Department of Motor Vehicle Safety and organizations of affiliated tax officials may conduct creditable training; and for other purposes. Senate Sponsor: Senator Cagle of the 49th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Starr Y Stephens 1879 1874 JOURNAL OF THE SENATE Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Hamrick Y Johnson Y Kemp,B Y Kemp,R E Lamutt Lee Y Levetan E 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 48, nays 0. HB 1391, having received the requisite constitutional majority, was passed. HB 1410. By Representatives Hembree of the 46th, Richardson of the 26th, Mills of the 67th, Post 2, Borders of the 142nd, Sims of the 130th and others: A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for an exclusion from state income taxation with respect to certain organ donation expenses; and for other purposes. Senate Sponsor: Senator Cagle of the 49th. 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 The Honorable A. Richard Royal House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 1410 (LC 18 3246) 1880 WEDNESDAY, MARCH 24, 2004 1875 Dear Chairman Royal: This Bill would exclude from the net taxable income of a Georgia taxpayer, an amount equal to the expenses the taxpayer incurred in making a donation, while living, of all or part of his or her liver, pancreas, intestine, kidney, lung, or bone marrow in accordance with the terms of the National Organ Procurement Act. The adjustment to income could not exceed $10,000 and would apply only in the tax-year in which the donation was made. The exclusion would become effective on January 1, 2005 and would apply to all tax-years starting after that date. As indicated by data supplied by the Georgia Transplant Foundation, the number of organ donors in Georgia has grown strongly but irregularly over the 1998-2003 period. In the past three years, the number has averaged 115. To assess the impact of the exclusion on the yield of Georgia's individual income tax, the number of donors in 2005 first has to be projected and then those individuals have to be identified in terms of their marginal tax rates. Although their income distribution is not known, the annual distribution of donors by age is available. When it is introduced into "age-income" distributions developed from income and tax data from the Internal Revenue Service, a distribution of net taxable incomes and of marginal tax rates for donors can be derived and projected to 2005. When growth patterns for donors in Georgia and for organ-transplant procedures in the U.S. are jointly analyzed, the U.S. pattern proves to have been far more stable. Accordingly, it has been incorporated into the projections of the number of Georgia donors for tax-year 2005. Applying the method outlined, the exclusion in the Bill would reduce revenues generated by the Georgia individual income tax in tax-year 2005 by approximately $71.6 thousand. In subsequent years, the reduction will rise by at least 5 to 8 percent per year. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Timothy A. Connell, Director Office of Planning and Budget The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 1881 1876 JOURNAL OF THE SENATE Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Kemp,R E Lamutt Y Lee Y Levetan E Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 50, nays 0. HB 1410, having received the requisite constitutional majority, was passed. HB 1450. By Representatives Bordeaux of the 125th, Campbell of the 39th, Stokes of the 72nd and Fleming of the 79th: A BILL to amend Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to add certain provisions relating to judicial proceedings in the event of a natural disaster, civil disturbance, or other emergency situation that will interfere with a citizen's litigant's, state official's, or other person's ability to comply with court deadlines; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for a judicial official's ability to declare an emergency under certain circumstances; and for other purposes. Senate Sponsor: Senator Meyer von Bremen of the 12th. Senator Balfour of the 9th asked unanimous consent that HB 1450 be placed on the Table. The consent was granted, and HB 1450 was placed on the Table. 1882 WEDNESDAY, MARCH 24, 2004 1877 HB 1499. By Representatives Keen of the 146th, Dodson of the 84th, Post 1 and Harper of the 88th, Post 2: A BILL to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for the issuance of motor vehicle liability insurance, so as to reduce the amount of advance payment for coverage from the first 60 days of coverage to the first 30 days of coverage; and for other purposes. Senate Sponsor: Senator Williams of the 19th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle N Cheeks Y Clay Y Collins E Crotts N 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 E 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 N Starr 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 47, nays 4. HB 1499, having received the requisite constitutional majority, was passed. 1883 1878 JOURNAL OF THE SENATE HB 1507. By Representatives O`Neal of the 117th, Parrish of the 102nd, Royal of the 140th and Buck of the 112th: A BILL to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding venture capital; to provide for the substantial revision of the Seed-Capital Fund; and for other purposes. Senate Sponsor: Senator Shafer of the 48th. 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 E Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R E Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Seay Y Shafer Y Smith,F Y Smith,P Squires Y Starr Y Stephens Y Stokes Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 0. HB 1507, having received the requisite constitutional majority, was passed. 1884 WEDNESDAY, MARCH 24, 2004 1879 HB 1529. By Representatives O`Neal of the 117th, Burkhalter of the 36th, Parrish of the 102nd, Stephens of the 124th, Post 2 and Morris of the 120th: A BILL to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," Title 12 of the Official Code of Georgia Annotated, Code Section 20-3-84 of the Official Code of Georgia Annotated, Article 6 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, Chapter 7 of Title 45 of the Official Code of Georgia Annotated, Title 48 of the Official Code of Georgia Annotated, Code Section 49-5-241 of the Official Code of Georgia Annotated, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the name of the Department of Industry, Trade, and Tourism to the Department of Economic Development; to change the name of the Board of Industry, Trade, and Tourism to the Board of Economic Development; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. Senators Henson of the 41st, Clay of the 37th, Tanksley of the 32nd, Meyer von Bremen of the 12th, Levetan of the 40th and others offered the following amendment to HB 1529: By inserting a new section between lines 11 and 12 of page 13 which states as follows: SECTION 23.1. Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, is amended by adding at its end a new Code Section 50-1-8 to read as follows: "50-1-8. (a) As used in this Code section, the term: (1) 'Call center' means an entity whose primary purpose includes the initiating or receiving of telephonic communications on behalf of any person for the purpose of providing or receiving services or information necessary in connection with the providing of services or other benefits. (2) 'Service' means a governmental service provided by an agency for the benefit of the public. (b) Any telephone call center operated by or on behalf of a state agency or department for the purpose of fulfilling such state agency's or department's provision of services shall be physically located within the United States. (c) Nothing in this Act shall be construed to impair the contractual rights of any party to a contract with the state where the contract was entered into prior to the effective date of this Act. 1885 1880 JOURNAL OF THE SENATE Senator Smith of the 52nd requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the amendment germane. Senator Smith of the 52nd appealed the ruling of the Chair. The President deferred to the Senate Parliamentarian President Pro Tempore Johnson of the 1st. President Pro Tempore Johnson of the 1st ruled the amendment not germane. Senator Thomas of the 10th appealed the ruling of the President Pro Tempore. Senator Unterman of the 45th moved the previous question. On the motion to sustain the ruling of the President Pro Tempore, a roll call was taken, and the vote was as follows: N Adelman Y Balfour N Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts N Dean N Fort N Gillis N Golden Y Hall Y Hamrick N Harbison Y Harp N Henson Y Hill N Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt Y Lee N Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh N Seay Y Shafer N Smith,F Y Smith,P Squires N Starr Y Stephens N Stokes Y Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa On the motion to sustain the ruling of the President Pro Tempore, the yeas were 29, nays 25, the motion prevailed; and the ruling of the President Pro Tempore was sustained. 1886 WEDNESDAY, MARCH 24, 2004 1881 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: N Adelman Y Balfour Y Blitch Y Bowen N Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp 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 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 Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 4. HB 1529, having received the requisite constitutional majority, was passed. Senator Smith of the 25th asked unanimous consent that Senator Squires of the 5th be excused. The consent was granted, and Senator Squires was excused. 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. 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: 1887 1882 JOURNAL OF THE SENATE Y Adelman Y Balfour Y Blitch Y Bowen N Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Tolleson Y Unterman Williams Zamarripa On the adoption of the resolution, the yeas were 48, nays 2. SR 729, having received the requisite constitutional majority, was adopted. SR 754. By Senators Balfour of the 9th, Stephens of the 51st and Johnson of the 1st: A RESOLUTION encouraging state agencies to utilize consulting services in connection with information technology projects and contracts; and for other purposes. The Senate Science and Technology Committee offered the following substitute to SR 754: A RESOLUTION Urging departments and agencies of the State of Georgia to engage the services of independent consulting firms to monitor and assist in preparing requests for proposals for certain information technology projects and contracts; and for other purposes. WHEREAS, the departments and agencies of state government are continually modernizing and upgrading information technology and computer equipment to ensure the provision of the best possible service to the citizens of this state; and 1888 WEDNESDAY, MARCH 24, 2004 1883 WHEREAS, many information technology contracts are highly complex and should be entered only after the state is fully informed concerning all aspects of the technology, the abilities of the vendor, and the results to be achieved from the contracts; and WHEREAS, the services of a consulting firm to act as a third-party monitor and to independently verify and validate large information technology projects can be of valuable benefit to the state in ensuring that the best possible results are achieved from such projects. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that this body strongly encourages each state department and agency to seek and engage the services of a consulting firm to act as a third-party monitor to verify independently and validate information technology projects having a total value of $5 million or more, and that projects having a total value of between $1 million and $5 million should also be subjected to independent verification and validation either by the Georgia Technology Authority or an independent consulting firm to look out for the interests of the state and to ensure that large scale project vendors are fulfilling all of their contractual obligations. BE IT FURTHER RESOLVED that this body strongly recommends that the state utilize the services of an independent consulting firm to assist in preparing requests for proposals and procurement project management assistance for any information technology contract totaling $5 million or more entered into by any department, authority, agency, or commission. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized to transmit an appropriate copy of this resolution to each department and agency of state government. On the adoption of the substitute, the yeas were 44, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, 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 N Brown Y Brush Y Bulloch N Harbison Y Harp N Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens 1889 1884 JOURNAL OF THE SENATE N Butler Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Stokes Y Tanksley Y Tate Y Thomas,D N Thomas,N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the adoption of the resolution, the yeas were 45, nays 5. SR 754, having received the requisite constitutional majority was adopted by substitute. HB 1394. By Representatives Harbin of the 80th, Powell of the 23rd, McBee of the 74th, Heard of the 75th and DeLoach of the 127th: A BILL to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide that students, teachers, or other persons who serve as athletic trainers for a public or private elementary school or high school in this state must be licensed as an athletic trainer; to provide an exception for a student-trainer, assistant-trainer, or similar person who functions under the advice, consent, and supervision of a physician or a licensed athletic trainer; and for other purposes. Senate Sponsor: Senator Hamrick of the 30th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Harbison Y Harp N Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes 1890 WEDNESDAY, MARCH 24, 2004 1885 Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Tanksley Y Tate Y Thomas,D Y Thomas,N N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 52, nays 2. HB 1394, having received the requisite constitutional majority, was passed. HB 1258. By Representatives Ehrhart of the 28th and Bannister of the 70th, Post 1: A BILL 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; and for other purposes. Senate Sponsor: Senator Johnson of the 1st. Senators Stokes of the 43rd and Adelman of the 42nd offered the following amendment: Amend HB 1258 by inserting on line 3 of page 1, between the word "entities" and the symbol ";", the words "under certain conditions". By striking line 26 of page 2 and inserting in lieu thereof the following: "government entity are hereby preempted unless: (A) Such mandate is enacted by a two-thirds vote of the local governmental entitys governing authority; On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman N Balfour N Blitch N Bowen Y Brown Y Harbison N Harp Y Henson N Hill Hooks Y Seay N Shafer Y Smith,F N Smith,P E Squires 1891 1886 JOURNAL OF THE SENATE N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins E Crotts N Dean Y Fort N Gillis Y Golden N Hall N Hamrick N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh N Starr N Stephens Y Stokes N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa On the adoption of the amendment, the yeas were 20, nays 33, and the Stokes, Adelman amendment was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: N Adelman Y Balfour Y Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp N Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee N Levetan N Me V Bremen Moody Y Mullis Y Price N Reed Y Seabaugh N Seay Y Shafer N Smith,F Y Smith,P E Squires Y Starr Y Stephens N Stokes Y Tanksley N Tate Thomas,D N Thomas,N N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams N Zamarripa 1892 WEDNESDAY, MARCH 24, 2004 1887 On the passage of the bill, the yeas were 36, nays 16. HB 1258, having received the requisite constitutional majority, was passed. Senator Hall of the 22nd asked unanimous consent that Senator Clay of the 37th be excused. The consent was granted, and Senator Clay was excused. The following bill was taken up to consider House action thereto: 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 House substitute was as follows: A BILL TO BE ENTITLED AN ACT To provide for a registry of offsetting reductions in greenhouse gases obtained by carbon sequestration; 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 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 amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to change certain provisions relating to duties of clerks generally, use of a computerized record-keeping system, and printed copies of grantee and grantor indices; to change certain provisions relating to the Georgia Superior Court Clerks Cooperative Authority; to provide for an information system for purposes of the carbon sequestration registry; to provide for related matters; to provide contingent 1893 1888 JOURNAL OF THE SENATE effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 6 of Title 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; (B) Additional human-induced activities in this state related to removal by sinks in land use change and forestry categories; (C) Additional human-induced activities in this state related to removal by sinks in agricultural soils; (D) Additional human-induced activities in this state related to removals by sinks in products in use from harvested timber or agricultural crops; and (E) Other human-induced activities in this state related to removals by sinks. (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 breeding programs. (8) 'Participant' or 'registry participant' means a registrant of carbon sequestration results with the registry. 1894 WEDNESDAY, MARCH 24, 2004 1889 (9) 'Registry' means the Georgia Carbon Sequestration Registry provided for by this article. (10) '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. (a)(1) The commission shall establish a Georgia Carbon Sequestration Registry, which shall be in operation not later than one year after the effective date of this article. (2) The commission may contract with the Georgia Superior Court Clerks Cooperative Authority to develop and implement a state-wide uniform automated electronic information system for purposes of the registry. (b) After its establishment, the state-wide uniform automated electronic information system for purposes of the registry shall be maintained by the Georgia Superior Court Clerks Cooperative Authority or its designated agent in accordance with Code Section 15-6-97.2. 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, or such other beginning date as may be established by rule or regulation of the commission, 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 specifying acceptable types of carbon sequestration results consistent with paragraph (1) of Code Section 12-6-221 and this paragraph and 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 1895 1890 JOURNAL OF THE SENATE 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 (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; and (3) 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. 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. 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. 1896 WEDNESDAY, MARCH 24, 2004 1891 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. 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, or such other beginning date as may be established by rule or regulation of the commission. 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 for such results or for emissions. 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. (d) Reports to the registry by participants may be filed in the office of the clerk of the superior court in any county of this state. 12-6-229. To support the estimation, calculation, reporting, and certification of carbon sequestration results in a consistent format, the commission, in consultation with the Georgia Superior Court Clerks Cooperative Authority, shall adopt standardized forms that all participants shall use to calculate, report, and certify emissions results. 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 1897 1892 JOURNAL OF THE SENATE 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 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 two years after the effective date of this article 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 1898 WEDNESDAY, MARCH 24, 2004 1893 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: (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 2. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended in subsection (a) of Code Section 15-6-61, relating to duties of clerks generally, used of a computerized record-keeping system, and printed copies of grantee and grantor indices, by inserting a new paragraph to read as follows: "(15.1) To participate in any network established by the Georgia Superior Court Clerks Cooperative Authority relating to the transmission and retrieval of electronic 1899 1894 JOURNAL OF THE SENATE information concerning carbon sequestration results and related transactions for any such information systems established by such authority for purposes of the carbon sequestration registry established pursuant to Article 5 of Chapter 6 of Title 12, so as to provide for public access to carbon sequestration registry information. Each clerk of the superior court shall provide to the authority or its designated agent in accordance with the rules and regulations of the authority such information evidencing carbon sequestration results and related transactions and access to such information which is of record in the office of clerk of the superior court and which is necessary for purposes of the carbon sequestration registry. Each clerk of the superior court shall provide and transmit carbon sequestration results and related transaction information filed in the office of the clerk of superior court to the authority for testing and operation of the electronic information system for the carbon sequestration registry at such times and in such form as prescribed by the authority. Each clerk shall charge and collect such fees as may be established by the Georgia Superior Courts Clerks Cooperative Authority, which shall be paid into the county treasury less and except any sums as are otherwise directed to be paid to the authority, all in accordance with rules and regulations adopted by the authority pursuant to Code Section 15-6-97.2;" SECTION 3. Said article is further amended by striking paragraph (3) of subsection (a) of Code Section 15-6-94, relating to the Georgia Superior Court Clerks Cooperative Authority, and inserting in lieu thereof the following: "(3) The purpose of the authority shall be to provide a cooperative for the development, acquisition, and distribution of record management systems, information, services, supplies, and materials for superior court clerks of the state, on such terms and conditions as may be determined to be in the best interest of the operation of the office of the clerk of superior court, local government, and the state, in light of the following factors: (A) The public interest in providing cost-efficient access to record management systems, information, services, supplies, and materials, and a pool which will provide related resources and uniformity; (B) Cost savings to local government and the state, through efficiency in the provision of record management systems, information, services, supplies, and materials; (C) Fair and adequate compensation to local governments for costs incurred in the operation of the offices of clerks of superior court; and (D) Such other factors as are in the public interest and welfare. The authority shall be the sole owner of its compiled and developed information developed through any function performed or any program or system administered on behalf of the authority. For the purposes of this subsection the authority shall not be considered the sole owner of information developed pursuant to Code Section 15-697.1 or Code Section 15-6-97.2 and Article 5 of Chapter 6 of Title 12." 1900 WEDNESDAY, MARCH 24, 2004 1895 SECTION 4. Said article is further amended by inserting a new Code section to read as follows: "15-6-97.2. (a) The Georgia Superior Court Clerks Cooperative Authority or its designated agent shall maintain a state-wide uniform automated electronic information system for purposes of the carbon sequestration registry established under Article 5 of Chapter 6 of Title 12. In furtherance of such purpose, the authority shall have the ability to contract with the clerks of superior courts and any other parties that the authority deems necessary. Standardized forms used for registry reporting purposes shall be established by the State Forestry Commission in accordance with Code Section 12-6-229. (b) For purposes of this Code section, the Georgia Superior Court Clerks Cooperative Authority shall have the following powers and duties in addition to those otherwise provided by law: (1) To establish such registration and transaction fees to be charged and collected by the clerks of superior courts and the portion thereof that shall be remitted to the authority, in such amounts as are reasonable and necessary to offset the costs of administering and maintaining the electronic information system for the registry, and to provide for the collection of moneys; (2) To manage, control, and direct such funds as are remitted to the authority and the expenditures made therefrom; (3) To distribute the moneys at the discretion of the authority in such manner and subject to such terms and limitations as the Georgia Superior Court Clerks Cooperative Authority in its discretion shall determine will best further the public purpose of the registry; (4) To adopt rules and regulations; and (5) To exercise all other powers necessary for maintenance of the electronic information system for the registry." SECTION 5. This Act shall become effective only upon the effective date of a specific appropriation of funds for purposes of this Act as expressed in a line item of an appropriations Act enacted by the General Assembly. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senator Meyer von Bremen of the 12th moved that the Senate agree to the House substitute to SB 356. On the motion, 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 1901 1896 JOURNAL OF THE SENATE Y Bowen Y Brown N Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins E 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 Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis N Price Y Reed Y Seabaugh N Smith,P E Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the motion, the yeas were 49, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 356 . The Calendar was resumed. HB 1511. By Representatives McClinton of the 59th, Post 1, Royal of the 140th and Ashe of the 42nd, Post 2: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property used in direct connection with the construction of certain symphony halls; and for other purposes. Senate Sponsor: Senator Cagle of the 49th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour N Blitch Y Bowen Brown Y Harbison Y Harp Henson Y Hill Y Hooks Y Seay Y Shafer Y Smith,F Y Smith,P E Squires 1902 WEDNESDAY, MARCH 24, 2004 1897 Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins E Crotts Y Dean Y Fort Gillis Y Golden Y Hall Y Hamrick Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Starr Y Stephens Y Stokes Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 48, nays 1. HB 1511, having received the requisite constitutional majority, was passed. HB 1277. By Representatives Drenner of the 57th, Manning of the 32nd, McCall of the 78th, Buckner of the 109th, Smith of the 87th and others: A BILL to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to prohibit the installation of certain irrigation systems without rain sensor shut-off switches; and for other purposes. Senate Sponsor: Senator Tanksley of the 32nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Y Tanksley 1903 1898 JOURNAL OF THE SENATE Y Cheeks E Clay Y Collins E Crotts Y Dean Fort Y Gillis Y Golden Y Hall Y Hamrick Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 51, nays 0. HB 1277, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Stephens of the 51st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Blitch Y Bowen Y Brown Brush Y Bulloch Y Butler Y Cagle Y Cheeks E 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 Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson 1904 WEDNESDAY, MARCH 24, 2004 1899 Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 50, nays 0. HB 865, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Lee of the 29th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Seay Y Shafer Y Smith,F Y Smith,P E 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 1905 1900 JOURNAL OF THE SENATE Y Golden Y Hall Y Hamrick Y Price Y Reed Y Seabaugh Y Williams Y Zamarripa On the passage of the bill, the yeas were 52, nays 0. HB 677, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Brush of the 24th. The Senate Natural Resources and the Environment Committee offered the following substitute to HB 1095: A BILL TO BE ENTITLED AN ACT To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to regulate the taking of certain wildlife; to change certain provisions relating to 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 change certain provisions relating to taking fish generally; to change certain provisions relating to spearing of fish; to authorize the taking of fish by grabbling, by noodling, or by hand under certain conditions; to provide penalties for violations; 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 within 30 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 of the Office of State Administrative Hearings acting in place of the Board of Natural Resources. The 1906 WEDNESDAY, MARCH 24, 2004 1901 hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto; provided, however, that in any case where such action against a license, permit, or application is due to an alleged violation of Code Section 27-3-17 or rules or regulations adopted pursuant thereto, the hearing shall be conducted in the county where the alleged violation occurred. The decision of the administrative law judge 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 accordance with Chapter 13 of Title 50." SECTION 2. Said title is further amended by striking Code Section 27-3-17, relating to hunting deer with dogs, and inserting in lieu thereof the following: "27-3-17. (a) It shall be unlawful to hunt deer with dogs except during such special open seasons for the hunting of deer with dogs as may shall be designated by the board on a statewide, regional, or local basis. (b) In accordance with subsection (a) of this Code section, the board is authorized to shall promulgate rules and regulations establishing an open season for the hunting of deer with dogs in those counties in which hunting deer with dogs was authorized for the 2003-2004 hunting season and in such other counties as may be appropriate based on sound wildlife management principles. (c) It shall be unlawful for any person to hunt deer with dogs on any tract of real property unless a permit for hunting deer with dogs has been issued by the department for such tract to the owner or owners of such tract or the lessee of deer hunting rights for such tract. A permit for hunting deer with dogs shall not be issued to the owner or owners for any tract of real property that is less than 200 contiguous acres. 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 1,000 500 contiguous acres. Any application for a permit for hunting deer with dogs shall be on such form as prescribed by the department; shall be accompanied by the required application fee; and shall include a written description of the tract boundaries and a map showing key features such as public roads or streams on or bordering the tract and occupied dwellings on adjacent properties. The application must be signed by all persons owning any portion of the tract of real property or an authorized agent thereof. The application fee for such permit shall be $100.00 for an annual permit or $25.00 for a two-day permit. (d) The owner of any dog that is used for hunting deer must cause such dog to be identified at all times during the hunt with the permit number for the tract being hunted name and phone number of the owner. (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. 1907 1902 JOURNAL OF THE SENATE (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 take action against a permit as provided by Code Section 27-2-25 for violations of the provisions of this title or rules and regulations issued pursuant to this title occurring on the tract of real property for which the permit was issued." SECTION 3. Said title is further amended by striking subsection (a) of Code Section 27-4-5, relating to methods of taking fish generally, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) It shall be unlawful to fish for game fish, except American shad, hickory shad, flathead catfish, and channel catfish, by any means other than a pole and line. Except as otherwise provided, it shall be unlawful to take any fish in the fresh waters of this state by any method other than a pole and line, sport trotlines in accordance with Code Section 27-4-32, set hooks, jugs, bow and arrow in accordance with Code Section 27-434, spears in accordance with Code Section 27-4-33, bow nets as provided in Code Section 27-4-35, seines in accordance with Code Section 27-4-6, by hand in accordance with Code Section 27-4-37, and as authorized in Code Section 27-4-91 with regard to commercial fresh-water fishing." SECTION 4. Said title is further amended by striking Code Section 27-4-33, relating to spearing of fish, and inserting in lieu thereof the following: "27-4-33. (a) It shall be unlawful to spear game fish and all species of catfish in the fresh waters of this state except as provided in this Code section; provided, however, other species of nongame fish may be speared solely for the purpose of sport, provided the person engaged in the act of spearing is completely submerged. (b) 'Spearing' as used in this Code section shall be limited to the use of a spear or similar instrument that is held in the hand of the person using the same and the use of a weapon other than a firearm which propels or forces a projectile or similar device therefrom, to which a wire, rope, line, cord, or other means of recovering the projectile or similar device is attached, which wire, rope, line, cord, or other means is secured to the weapon or the person using the weapon. (c) It shall also be unlawful for any person to engage in the spearing of nongame fish in the fresh waters of this state without a resident or nonresident fishing license as provided in Code Section 27-2-23. (d) It shall be unlawful to use spears with poisonous or exploding heads. (e) It shall be unlawful to discharge spears into waters nearer than 150 feet to anyone engaged in any other means of recreation. (f) Any game fish, except channel catfish and flathead catfish taken under the 1908 WEDNESDAY, MARCH 24, 2004 1903 provisions of subsection (g) of this Code section, with an open wound and in the possession of a person fishing with a spear shall be prima-facie evidence of taking and possessing fish illegally. (g) It shall be unlawful to take channel catfish and flathead catfish anywhere in the Savannah River, including its tributaries and impoundments within the Savannah River Basin, by means of spearing, except under the following conditions: (1) The taking of channel catfish and flathead catfish in the Savannah River, including its tributaries and impoundments within the Savannah River Basin, by spear shall be legal at any time of the day and at night by the use of a light; and (2) All spears used pursuant to this subsection must be equipped with barbs or contain devices on the point to act as a harpoon for recovering fish and must be attached to the person using the spear or to the weapon by a rope, line, or cord sufficient for recovering the spear and channel catfish or flathead catfish." SECTION 5. Said chapter is further amended by adding a new Code Section 27-4-37 to read as follows: "27-4-37. (a) It shall be unlawful to fish for game fish, catfish, and all other species of fish in the freshwaters of the state by grabbling, noodling, or hand grabbing except as provided in this Code section. Flathead, channel, and blue catfish may be taken by hand without the aid of any device, hook, snare, net, or other artificial instrument and without the aid of any scuba equipment, air hose, or other artificial breathing apparatus between March 1 and July 15 of each year. (b) It shall be unlawful to alter any natural or manmade feature by placing boards, wire, barrels, buckets, or any device or obstruction in any stream or other body of water or to modify any log, hole, or other feature in an attempt to attract or capture fish by grabbling, noodling, or hand grabbing or to take fish by grabbling, noodling, or hand grabbing from such altered devices. It shall also be unlawful to raise any part of a natural or artificial device out of the water to aid in the hand capture of enclosed fish. (c) Any game fish, except channel and flathead catfish, taken in violation of the provisions of subsections (a) and (b) of this Code section, in the possession of a person grabbling, noodling, or hand grabbing fish shall be prima-facie evidence of taking and possessing fish illegally. (d) It shall be unlawful for any person to engage in the grabbling, noodling, or hand grabbing of flathead, channel, or blue catfish in the fresh waters of this state without a resident or nonresident fishing license as provided in Code Section 27-2-23." SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senator Williams of the 19th offered the following amendment # 1: 1909 1904 JOURNAL OF THE SENATE Amend the Senate Natural Resources & Environment Committee substitute to HB 1095 (LC 25 3592S) by striking lines 3 and 4 of page 1 and inserting in lieu thereof the following: "hunting deer with dogs; to change". By striking Sections 1 and 2 and inserting in lieu thereof the following: "SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking Code Section 27-3-17, relating to hunting deer with dogs, and inserting in lieu thereof the following: '27-3-17. (a) It shall be unlawful to hunt deer with dogs except during such special open seasons for the hunting of deer with dogs as may be designated by the board on a state-wide, regional, or local basis. (b) In accordance with subsection (a) of this Code section, the board is authorized to promulgate rules and regulations establishing an open season for the hunting of deer with dogs as may be appropriate based on sound wildlife management principles. (c) It shall be unlawful for any person to hunt deer with dogs on any tract of real property unless a permit for hunting deer with dogs has been issued by the department for such tract to the owner or owners of such tract or the lessee of deer hunting rights for such tract. A permit for hunting deer with dogs shall not be issued to the owner or owners for any tract of real property that is less than 320 contiguous acres. 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 contiguous acres. Any application for a permit for hunting deer with dogs shall be on such form as prescribed by the department; shall be accompanied by the required application fee; and shall include a written description of the tract boundaries and a map showing key features such as public roads or streams on or bordering the tract and occupied dwellings on adjacent properties. The application must be signed by all persons owning any portion of the tract of real property or an authorized agent thereof. The application fee for such permit shall be $100.00 for an annual permit or $25.00 for a two-day permit. (d) The owner of any dog that is used for hunting deer must cause such dog to be identified at all times during the hunt with the permit number for the tract being hunted. (e) Any person operating a motor vehicle used in conducting a deer hunt with dogs shall during such hunt clearly display in the lower corner of the drivers side of the front or rear windshield of such motor vehicle a decal or card showing the tract permit number in numerals not less than two inches high. (f)(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 take action against a permit as provided by Code Section 27-2-25 for violations of the provisions of this title or rules and regulations issued pursuant to this title occurring on the tract of 1910 WEDNESDAY, MARCH 24, 2004 1905 real property for which the permit was issued.'". By redesignating Sections 3, 4, 5, and 6 as Sections 2, 3, 4, and 5, respectively. Senator Thomas of the 2nd offered the following amendment # 1a: Amend the floor amend #1 by the Senator from the 19th to HB 1095 by changing line 21 on page 1 from 320 to 200 On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins Y Crotts Y Dean Y Fort N Gillis Golden N Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson N 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 Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Zamarripa On the adoption of the amendment, the yeas were 47, nays 3, and the Thomas of the 2nd amendment # 1a was adopted. On the adoption of the amendment, the yeas were 42, nays 0, and the Williams amendment # 1 to the committee substitute was adopted as amended. On the adoption of the substitute, the yeas were 45, 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. 1911 1906 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Adelman Y Balfour Y Blitch Y Bowen Brown Y Brush Y Bulloch Butler Y Cagle Y Cheeks E 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 Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Zamarripa On the passage of the bill, the yeas were 49, nays 0. HB 1095, having received the requisite constitutional majority, was passed by substitute. HB 1459. By Representatives Borders of the 142nd, Jamieson of the 22nd, Porter of the 119th, Keen of the 146th, Williams of the 4th and others: A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding compensation of dealers for reporting and paying sales and use taxes and motor fuel taxes; to change certain provisions regarding the levy of motor fuel taxes; to change certain provisions regarding licensing of certain fuel or gas distributors; and for other purposes. Senate Sponsor: Senator Cagle of the 49th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 1912 WEDNESDAY, MARCH 24, 2004 1907 Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Johnson Y Kemp,B Y Kemp,R Y Lamutt Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Tanksley Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa On the passage of the bill, the yeas were 50, nays 0. HB 1459, having received the requisite constitutional majority, was passed. The following communication from His Excellency, Governor Sonny Perdue, was received by the Secretary: STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 The Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334 March 23, 2004 The Honorable Terry Coleman Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334 Dear Gentlemen: 1913 1908 JOURNAL OF THE SENATE Please be advised that I have line item vetoed the following Sections in House Bill 1180: Section 41, pertaining to the Department of Administrative Services, page 40, lines 1742 through 1744; Section 49, pertaining to the Department of Natural Resources, page 43, lines 1848 through 1856; Section 53, pertaining to the Department of Transportation, page 44, lines 1894 through 1898; Section 53, pertaining to the Department of Transportation, page 44, lines 1903 through 1905; and Section 62, pertaining to Federal Funds, page 47, lines 2005 through 2009. The Veto Messages are attached for each item referenced above. Sincerely, /s/ Sonny Perdue VETOES HB 1180 Section 41, pertaining to the Department of Administrative Services, page 40, lines 1742 through 1744: This language was approved in the 1996 session of the General Assembly to control the purchase of communications equipment that was not compatible with the 800-megahertz system. All communications equipment purchases are now under the direction of the Georgia Technology Authority and this language is inconsistent with general law. Therefore, this language (lines 1742 to 1744, page 40) in the Provision Relative to Section 41, Department of Administrative Services is vetoed and has been vetoed previously. Section 49, pertaining to the Department of Natural Resources, page 43, lines 1848 through 1856: Since FY 2000, state funds appropriated to the Environmental Protection Division of the Department of Natural Resources, have been used to match federal Congestion 1914 WEDNESDAY, MARCH 24, 2004 1909 Mitigation and Air Quality funds to provide mass transit subsidies for state employees. The use of state funds for subsidies to individuals has required special authorizing language in each appropriations bill since the initiation of this program. In FY 2003, the Georgia Building Authority began providing the state employee mass transit subsidy program with non-state funds. This program has been subsequently transferred to the Georgia Regional Transportation Authority. This language is no longer necessary. Therefore, this language (lines 1848 to 1856, page 43) in the Provisions Relative to Section 24, Department of Natural Resources is vetoed and has been vetoed previously. Section 53, pertaining to the Department of Transportation, page 44, lines 1894 through 1898: 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 budget and transfer positions between budget functions when the Office of Planning and Budget has approved a properly drawn amendment to the annual operating budget. In addition, the number of positions in each budget function is not specified in the Governor's budget recommendation to the General Assembly or in the annual Appropriations Act making this language unnecessary. Therefore, this language (lines 1894 to 1898, page 44) in the Provisions Relative to Section 36, Department of Transportation is vetoed and has been vetoed previously. Section 53, pertaining to the Department of Transportation, page 44, lines 1903 through 1905: This language authorizes the Department to use available funding for 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 1903 to 1905, page 44) in Provisions Relative to Section 36, Department of Transportation is vetoed and has been vetoed previously. Section 62, pertaining to Federal Funds, page 47, lines 2005 through 2009: 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 2005 to 2009, page 47) in Section 62 is vetoed and has been vetoed previously. 1915 1910 JOURNAL OF THE SENATE Senator Stephens of the 51st moved that the Senate adjourn until 10:00 a.m., Thursday, March 25, 2004. The motion prevailed, and the President announced the Senate adjourned at 5:35 p.m. 1916 1917 1918 1919 1920